32 | | - | The Structural Engineering Practice Act of 1989. |
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33 | | - | (Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19; |
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34 | | - | 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff. |
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35 | | - | 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357, |
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36 | | - | eff. 8-9-19; 102-558, eff. 8-20-21.) |
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37 | | - | Section 10. The Illinois Certified Shorthand Reporters Act |
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38 | | - | of 1984 is amended by changing Sections 4, 5, 6, 8, 10, 12.1, |
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39 | | - | 14, 15, 16, 17, 19, 23, 23.1, 23.2, 23.4, 23.6, 23.7, 23.9, |
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40 | | - | 23.15, 24, 26, and 26.1 and by adding Section 4.1 as follows: |
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41 | | - | (225 ILCS 415/4) (from Ch. 111, par. 6204) |
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42 | | - | (Section scheduled to be repealed on January 1, 2025) |
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43 | | - | Sec. 4. In this Act: |
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44 | | - | (1) "Department" means the Department of Financial and |
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45 | | - | Professional Regulation. |
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46 | | - | (2) "Secretary" means the Secretary of Financial and |
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47 | | - | Professional Regulation. |
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48 | | - | (3) "Board" means the Certified Shorthand Reporters Board |
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49 | | - | appointed by the Secretary. |
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50 | | - | (4) "The practice of shorthand reporting" means reporting, |
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51 | | - | by the use of any system of manual or mechanical shorthand |
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52 | | - | writing, of Grand Jury proceedings, court proceedings, court |
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53 | | - | related proceedings, pretrial examinations, depositions, |
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54 | | - | motions and related proceedings of like character, or |
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55 | | - | proceedings of an administrative agency when the final |
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56 | | - | |
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57 | | - | |
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58 | | - | decision of the agency with reference thereto is likely to be |
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59 | | - | subject to judicial review under the provisions of the |
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60 | | - | Administrative Review Law. |
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61 | | - | (5) "Shorthand reporter" means a person who is technically |
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62 | | - | qualified and certified under this Act to practice shorthand |
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63 | | - | reporting. |
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64 | | - | (6) "Stenographic notes" means the original notes by |
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65 | | - | manual or mechanical shorthand or shorthand writing taken by a |
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66 | | - | shorthand reporter of a proceeding while in attendance at such |
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67 | | - | proceeding for the purpose of reporting the same. |
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68 | | - | (7) "Address of record" means the designated address |
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69 | | - | recorded by the Department in the applicant's or licensee's |
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70 | | - | application file or license file as maintained by the |
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71 | | - | Department's licensure maintenance unit. It is the duty of the |
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72 | | - | applicant or licensee to inform the Department of any change |
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73 | | - | of address and those changes must be made either through the |
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74 | | - | Department's Internet website or by contacting the Department. |
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75 | | - | (8) "Email address of record" means the designated email |
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76 | | - | address recorded by the Department in the applicant's |
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77 | | - | application file or the licensee's license file, as maintained |
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78 | | - | by the Department's licensure maintenance unit. |
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79 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
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80 | | - | (225 ILCS 415/4.1 new) |
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81 | | - | Sec. 4.1. Address of record; email address of record. All |
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82 | | - | applicants and registrants shall: |
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83 | | - | |
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84 | | - | |
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85 | | - | (1) provide a valid address and email address to the |
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86 | | - | Department, which shall serve as the address of record and |
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87 | | - | email address of record, respectively, at the time of |
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88 | | - | application for licensure or renewal of a license; and |
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89 | | - | (2) inform the Department of any change of address of |
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90 | | - | record or email address of record within 14 days after |
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91 | | - | such change either through the Department's website or by |
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92 | | - | contacting the Department's licensure maintenance unit. |
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93 | | - | (225 ILCS 415/5) (from Ch. 111, par. 6205) |
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94 | | - | (Section scheduled to be repealed on January 1, 2025) |
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95 | | - | Sec. 5. Title. Every person to whom a valid existing |
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96 | | - | certificate as a certified shorthand reporter has been issued |
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97 | | - | under this Act shall be designated as a Certified Shorthand |
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98 | | - | Reporter and not otherwise, and any such certified shorthand |
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99 | | - | reporter may, in connection with the reporter's his or her |
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100 | | - | practice of shorthand reporting, use the abbreviation "C.S.R." |
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101 | | - | or the title "Court Reporter". No person other than the holder |
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102 | | - | of a valid existing certificate under this Act shall use the |
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103 | | - | title or designation of "Certified Shorthand Reporter", "Court |
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104 | | - | Reporter", or "C.S.R.", either directly or indirectly in |
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105 | | - | connection with that person's his or her profession or |
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106 | | - | business. |
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107 | | - | (Source: P.A. 90-49, eff. 7-3-97.) |
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108 | | - | (225 ILCS 415/6) (from Ch. 111, par. 6206) |
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109 | | - | |
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110 | | - | |
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111 | | - | (Section scheduled to be repealed on January 1, 2025) |
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112 | | - | Sec. 6. Restricted certificate. Upon receipt of a written |
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113 | | - | request from the Chief Judge of the reporter's circuit, the |
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114 | | - | Department shall, upon payment of the required fee, issue to |
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115 | | - | any reporter who has been appointed in counties of less than |
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116 | | - | 1,000,000 in population, has been examined under the Court |
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117 | | - | Reporters Act, and has achieved an "A" proficiency rating, a |
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118 | | - | restricted certificate by which such official court reporter |
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119 | | - | may then lawfully engage in reporting only court proceedings |
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120 | | - | to which he may be assigned by the Chief Judge of the |
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121 | | - | reporter's his circuit may assign. |
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122 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
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123 | | - | (225 ILCS 415/8) (from Ch. 111, par. 6208) |
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124 | | - | (Section scheduled to be repealed on January 1, 2025) |
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125 | | - | Sec. 8. Certified Shorthand Reporters Board. The Secretary |
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126 | | - | shall appoint a Certified Shorthand Reporters Board as |
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127 | | - | follows: 7 persons who shall be appointed by and shall serve in |
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128 | | - | an advisory capacity to the Secretary. Six members must be |
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129 | | - | certified shorthand reporters, in good standing, and actively |
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130 | | - | engaged in the practice of shorthand reporting in this State |
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131 | | - | for 10 ten years, and one member must be a member of the public |
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132 | | - | who is not certified under this Act, or a similar Act of |
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133 | | - | another jurisdiction. |
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134 | | - | Members shall serve 4 year terms and until the members' |
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135 | | - | their successors are appointed and qualified. No member shall |
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136 | | - | |
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137 | | - | |
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138 | | - | be reappointed to the Board for a term that would cause the |
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139 | | - | member's his continuous service on the Board to be longer than |
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140 | | - | 2 full consecutive terms. Appointments to fill vacancies shall |
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141 | | - | be made in the same manner as original appointments, for the |
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142 | | - | unexpired portion of the vacated term. |
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143 | | - | In making appointments to the Board, the Secretary shall |
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144 | | - | give consideration to recommendations by national and State |
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145 | | - | organizations of the shorthand reporter profession. |
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146 | | - | Four members of the Board shall constitute a quorum. A |
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147 | | - | quorum is required for all Board decisions. |
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148 | | - | The Secretary may remove or suspend any member of the |
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149 | | - | Board for cause at any time before the expiration of the |
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150 | | - | member's his or her term. The Secretary shall be the sole |
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151 | | - | arbiter of cause. |
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152 | | - | The Secretary shall consider the recommendations of the |
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153 | | - | Board on questions involving standards of professional |
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154 | | - | conduct, discipline, and qualifications of candidates and |
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155 | | - | certificate holders under this Act. |
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156 | | - | Members of the Board shall be reimbursed for all |
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157 | | - | legitimate, necessary, and authorized expenses incurred in |
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158 | | - | attending the meetings of the Board. |
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159 | | - | Members of the Board have no liability in any action based |
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160 | | - | upon any disciplinary proceedings or other activity performed |
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161 | | - | in good faith as members of the Board. |
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162 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
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163 | | - | |
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164 | | - | |
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165 | | - | (225 ILCS 415/10) (from Ch. 111, par. 6210) |
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166 | | - | (Section scheduled to be repealed on January 1, 2025) |
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167 | | - | Sec. 10. The Department shall authorize examinations at |
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168 | | - | such time and place as it may designate. The examination shall |
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169 | | - | be of a character to give a fair test of the qualifications of |
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170 | | - | the applicant to practice shorthand reporting. |
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171 | | - | Applicants for examination as certified shorthand |
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172 | | - | reporters shall be required to pay, either to the Department |
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173 | | - | or the designated testing service, a fee covering the cost of |
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174 | | - | providing the examination. Failure to appear for the |
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175 | | - | examination on the scheduled date, at the time and place |
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176 | | - | specified, after the applicant's application for examination |
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177 | | - | has been received and acknowledged by the Department or the |
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178 | | - | designated testing service, shall result in the forfeiture of |
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179 | | - | the examination fee. |
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180 | | - | If an applicant neglects, fails, or refuses to take the |
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181 | | - | next available examination offered or fails to pass an |
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182 | | - | examination for certification under this Act, the application |
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183 | | - | shall be denied. If an applicant for examination for |
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184 | | - | certification under this Act fails to pass the examination |
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185 | | - | within 3 years after filing an his application, the |
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186 | | - | application shall be denied. However, such applicant may |
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187 | | - | thereafter make a new application accompanied by the required |
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188 | | - | fee. |
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189 | | - | The Department may employ consultants for the purpose of |
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190 | | - | preparing and conducting examinations. |
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191 | | - | |
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192 | | - | |
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193 | | - | An applicant has one year from the date of notification of |
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194 | | - | successful completion of the examination to apply to the |
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195 | | - | Department for a license. If an applicant fails to apply |
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196 | | - | within one year, the applicant shall be required to take and |
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197 | | - | pass the examination again unless licensed in another |
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198 | | - | jurisdiction of the United States within one year of passing |
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199 | | - | the examination. |
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200 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
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201 | | - | (225 ILCS 415/12.1) |
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202 | | - | (Section scheduled to be repealed on January 1, 2025) |
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203 | | - | Sec. 12.1. Social Security Number or federal individual |
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204 | | - | taxpayer identification number on license application. In |
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205 | | - | addition to any other information required to be contained in |
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206 | | - | the application, every application for an original license |
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207 | | - | under this Act shall include the applicant's Social Security |
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208 | | - | Number or federal individual taxpayer identification number, |
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209 | | - | which shall be retained in the Department's records pertaining |
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210 | | - | to the license. As soon as practicable, the Department shall |
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211 | | - | assign a customer's identification number to each applicant |
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212 | | - | for a license. Every application for a renewal or restored |
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213 | | - | license shall require the applicant's customer identification |
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214 | | - | number. |
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215 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
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216 | | - | (225 ILCS 415/14) (from Ch. 111, par. 6214) |
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217 | | - | |
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218 | | - | |
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219 | | - | (Section scheduled to be repealed on January 1, 2025) |
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220 | | - | Sec. 14. Expiration, renewal, and military service. The |
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221 | | - | expiration date and renewal period for each certificate issued |
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222 | | - | under this Act shall be set by rule. |
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223 | | - | Any certified shorthand reporter who has permitted the |
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224 | | - | reporter's his certificate to expire or who has had the |
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225 | | - | reporter's his certificate on inactive status may have the his |
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226 | | - | certificate restored by making application to the Department, |
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227 | | - | filing proof acceptable to the Department of the reporter's |
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228 | | - | his fitness to have the his certificate restored and paying |
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229 | | - | the required restoration fee. The Department may consider a |
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230 | | - | certificate expired less than 5 years as prima facie evidence |
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231 | | - | that the applicant is fit. If a certificate has expired or has |
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232 | | - | been placed on inactive status and the applicant has practiced |
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233 | | - | in another jurisdiction during such period, satisfactory proof |
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234 | | - | of fitness may include sworn evidence certifying to active |
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235 | | - | practice in another jurisdiction. |
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236 | | - | If the certified shorthand reporter has not maintained an |
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237 | | - | active practice in another jurisdiction satisfactory to the |
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238 | | - | Department, the Department shall determine, by an evaluation |
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239 | | - | program established by rule, the reporter's his fitness to |
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240 | | - | resume active status and shall, by rule, establish procedures |
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241 | | - | and requirements for restoration. |
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242 | | - | However, any certified shorthand reporter whose |
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243 | | - | certificate expired while he was (1) in Federal Service on |
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244 | | - | active duty with the Armed Forces of the United States, while |
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245 | | - | |
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246 | | - | |
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247 | | - | or the State Militia called into service or training in the |
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248 | | - | State Militia, or while (2) in training or education under the |
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249 | | - | supervision of the United States preliminary to induction into |
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250 | | - | the military service, may have the his certificate renewed or |
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251 | | - | restored without paying any lapsed renewal fees if, within 2 |
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252 | | - | years after termination of such service, training, or |
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253 | | - | education except under conditions other than honorable, the |
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254 | | - | Department is furnished with satisfactory evidence to the |
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255 | | - | effect that the certificate holder has been so engaged and |
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256 | | - | that the service, training, or education has been terminated |
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257 | | - | he furnished the Department with satisfactory evidence to the |
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258 | | - | effect that he has been so engaged and that his service, |
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259 | | - | training or education has been so terminated. |
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260 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
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261 | | - | (225 ILCS 415/15) (from Ch. 111, par. 6215) |
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262 | | - | (Section scheduled to be repealed on January 1, 2025) |
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263 | | - | Sec. 15. Inactive status. Any certified shorthand reporter |
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264 | | - | who notifies the Department in writing on forms prescribed by |
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265 | | - | the Department, may elect to place the reporter's his |
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266 | | - | certificate on an inactive status and shall, subject to rules |
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267 | | - | of the Department, be excused from payment of renewal fees |
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268 | | - | until he notifies the Department has been notified in writing |
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269 | | - | of the certificate holder's his desire to resume active |
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270 | | - | status. |
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271 | | - | Any certified shorthand reporter requesting restoration |
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272 | | - | |
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273 | | - | |
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274 | | - | from inactive status shall be required to pay the current |
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275 | | - | renewal fee and shall be required to restore the reporter's |
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276 | | - | his certificate, as provided in Section 14. |
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277 | | - | Any certified shorthand reporter whose certificate is in |
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278 | | - | an inactive status shall not practice shorthand reporting in |
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279 | | - | the State of Illinois. |
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280 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
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281 | | - | (225 ILCS 415/16) (from Ch. 111, par. 6216) |
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282 | | - | (Section scheduled to be repealed on January 1, 2025) |
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283 | | - | Sec. 16. Endorsement; licensure without examination. The |
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284 | | - | Department may certify as a certified shorthand reporter, |
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285 | | - | without examination, on payment of the required fee, an |
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286 | | - | applicant who is a certified shorthand reporter registered |
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287 | | - | under the laws of another jurisdiction, if the requirements |
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288 | | - | for certification of certified shorthand reporters in that |
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289 | | - | jurisdiction were, at the date of his certification, |
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290 | | - | substantially equivalent to the requirements in force in this |
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291 | | - | State on that date. |
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292 | | - | Applicants have 3 years from the date of application to |
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293 | | - | complete the application process. If the process has not been |
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294 | | - | completed in 3 years, the application shall be denied, the fee |
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295 | | - | forfeited, and the applicant must reapply and meet the |
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296 | | - | requirements in effect at the time of reapplication. |
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297 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
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298 | | - | |
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299 | | - | |
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300 | | - | (225 ILCS 415/17) (from Ch. 111, par. 6217) |
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301 | | - | (Section scheduled to be repealed on January 1, 2025) |
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302 | | - | Sec. 17. Fees; returned checks. |
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303 | | - | (a) The fees for the administration and enforcement of |
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304 | | - | this Act, including, but not limited to, original |
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305 | | - | certification, renewal, and restoration of a license issued |
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306 | | - | under this Act, shall be set by rule. The fees shall be |
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307 | | - | nonrefundable. |
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308 | | - | (b) All fees, fines, and penalties collected under this |
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309 | | - | Act shall be deposited into the General Professions Dedicated |
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310 | | - | Fund and shall be appropriated to the Department for the |
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311 | | - | ordinary and contingent expenses of the Department in the |
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312 | | - | administration of this Act. |
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313 | | - | (c) Any person who delivers a check or other payment to the |
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314 | | - | Department that is returned to the Department unpaid by the |
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315 | | - | financial institution upon which it is drawn shall pay to the |
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316 | | - | Department, in addition to the amount already owed to the |
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317 | | - | Department, a fine of $50. The fines imposed by this Section |
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318 | | - | are in addition to any other discipline provided under this |
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319 | | - | Act prohibiting unlicensed practice or practice on a |
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320 | | - | nonrenewed license. The Department shall notify the person |
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321 | | - | that payment of fees and fines shall be paid to the Department |
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322 | | - | by certified check or money order within 30 calendar days of |
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323 | | - | the notification. If, after the expiration of 30 days from the |
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324 | | - | date of the notification, the person has failed to submit the |
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325 | | - | necessary remittance, the Department shall automatically |
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326 | | - | |
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327 | | - | |
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328 | | - | terminate the license or certificate or deny the application, |
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329 | | - | without hearing. If, after termination or denial, the person |
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330 | | - | seeks a license or certificate, the person he or she shall |
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331 | | - | apply to the Department for restoration or issuance of the |
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332 | | - | license or certificate and pay all fees and fines due to the |
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333 | | - | Department. The Department may establish a fee for the |
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334 | | - | processing of an application for restoration of a license or |
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335 | | - | certificate to pay all expenses of processing this |
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336 | | - | application. The Secretary may waive the fines due under this |
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337 | | - | Section in individual cases where the Secretary finds that the |
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338 | | - | fines would be unreasonable or unnecessarily burdensome. |
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339 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
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340 | | - | (225 ILCS 415/19) (from Ch. 111, par. 6219) |
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341 | | - | (Section scheduled to be repealed on January 1, 2025) |
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342 | | - | Sec. 19. Advertising. Any person certified under this Act |
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343 | | - | may advertise the availability of professional services in the |
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344 | | - | public media or on the premises where such professional |
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345 | | - | services are rendered as permitted by law, on the condition |
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346 | | - | that such advertising is truthful and not misleading and is in |
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347 | | - | conformity with rules promulgated by the Department. |
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348 | | - | Advertisements shall not include false, fraudulent, deceptive, |
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349 | | - | or misleading material or guarantees of success. |
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350 | | - | Advertisements shall also not include any offers of any gift |
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351 | | - | or item of value to attorneys or the attorneys' their staff or |
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352 | | - | any other persons or entities associated with any litigation. |
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353 | | - | |
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354 | | - | |
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355 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
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356 | | - | (225 ILCS 415/23) (from Ch. 111, par. 6223) |
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357 | | - | (Section scheduled to be repealed on January 1, 2025) |
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358 | | - | Sec. 23. Grounds for disciplinary action. |
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359 | | - | (a) The Department may refuse to issue or renew, or may |
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360 | | - | revoke, suspend, place on probation, reprimand, or take other |
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361 | | - | disciplinary or non-disciplinary action as the Department may |
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362 | | - | deem appropriate, including imposing fines not to exceed |
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363 | | - | $10,000 for each violation and the assessment of costs as |
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364 | | - | provided for in Section 23.3 of this Act, with regard to any |
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365 | | - | license for any one or combination of the following: |
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366 | | - | (1) Material misstatement in furnishing information to |
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367 | | - | the Department; |
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368 | | - | (2) Violations of this Act, or of the rules |
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369 | | - | promulgated thereunder; |
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370 | | - | (3) Conviction by plea of guilty or nolo contendere, |
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371 | | - | finding of guilt, jury verdict, or entry of judgment or by |
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372 | | - | sentencing of any crime, including, but not limited to, |
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373 | | - | convictions, preceding sentences of supervision, |
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374 | | - | conditional discharge, or first offender probation under |
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375 | | - | the laws of any jurisdiction of the United States: (i) |
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376 | | - | that is a felony or (ii) that is a misdemeanor, an |
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377 | | - | essential element of which is dishonesty, or that is |
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378 | | - | directly related to the practice of the profession; |
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379 | | - | (4) Fraud or any misrepresentation in applying for or |
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380 | | - | |
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381 | | - | |
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382 | | - | procuring a license under this Act or in connection with |
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383 | | - | applying for renewal of a license under this Act; |
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384 | | - | (5) Professional incompetence; |
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385 | | - | (6) Aiding or assisting another person, firm, |
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386 | | - | partnership, or corporation in violating any provision of |
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387 | | - | this Act or rules; |
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388 | | - | (7) Failing, within 60 days, to provide information in |
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389 | | - | response to a written request made by the Department; |
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390 | | - | (8) Engaging in dishonorable, unethical, or |
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391 | | - | unprofessional conduct of a character likely to deceive, |
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392 | | - | defraud, or harm the public; |
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393 | | - | (9) Habitual or excessive use or abuse of drugs |
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394 | | - | defined in law as controlled substances, alcohol, or any |
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395 | | - | other substances that results in the inability to practice |
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396 | | - | with reasonable judgment, skill, or safety; |
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397 | | - | (10) Discipline by another state, unit of government, |
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398 | | - | government agency, the District of Columbia, a territory, |
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399 | | - | or foreign nation, if at least one of the grounds for the |
---|
400 | | - | discipline is the same or substantially equivalent to |
---|
401 | | - | those set forth herein; |
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402 | | - | (11) Charging for professional services not rendered, |
---|
403 | | - | including filing false statements for the collection of |
---|
404 | | - | fees for which services were not rendered, or giving, |
---|
405 | | - | directly or indirectly, any gift or anything of value to |
---|
406 | | - | attorneys or the attorneys' their staff or any other |
---|
407 | | - | persons or entities associated with any litigation, that |
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408 | | - | |
---|
409 | | - | |
---|
410 | | - | exceeds $100 total per year; for the purposes of this |
---|
411 | | - | Section, pro bono services, as defined by State law, are |
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412 | | - | permissible in any amount; |
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413 | | - | (12) A finding by the Board that the certificate |
---|
414 | | - | holder, after having the his certificate placed on |
---|
415 | | - | probationary status, has violated the terms of probation; |
---|
416 | | - | (13) Willfully making or filing false records or |
---|
417 | | - | reports in the practice of shorthand reporting, including, |
---|
418 | | - | but not limited to, false records filed with State |
---|
419 | | - | agencies or departments; |
---|
420 | | - | (14) Physical illness, including, but not limited to, |
---|
421 | | - | deterioration through the aging process, or loss of motor |
---|
422 | | - | skill which results in the inability to practice under |
---|
423 | | - | this Act with reasonable judgment, skill, or safety; |
---|
424 | | - | (15) Solicitation of professional services other than |
---|
425 | | - | by permitted advertising; |
---|
426 | | - | (16) Willful failure to take full and accurate |
---|
427 | | - | stenographic notes of any proceeding; |
---|
428 | | - | (17) Willful alteration of any stenographic notes |
---|
429 | | - | taken at any proceeding; |
---|
430 | | - | (18) Willful failure to accurately transcribe verbatim |
---|
431 | | - | any stenographic notes taken at any proceeding; |
---|
432 | | - | (19) Willful alteration of a transcript of |
---|
433 | | - | stenographic notes taken at any proceeding; |
---|
434 | | - | (20) Affixing one's signature to any transcript of his |
---|
435 | | - | stenographic notes or certifying to its correctness unless |
---|
436 | | - | |
---|
437 | | - | |
---|
438 | | - | the transcript has been prepared by the stenographer him |
---|
439 | | - | or under the stenographer's his immediate supervision; |
---|
440 | | - | (21) Willful failure to systematically retain |
---|
441 | | - | stenographic notes or transcripts on paper or any |
---|
442 | | - | electronic media for 10 years from the date that the notes |
---|
443 | | - | or transcripts were taken; |
---|
444 | | - | (22) Failure to deliver transcripts in a timely manner |
---|
445 | | - | or in accordance with contractual agreements; |
---|
446 | | - | (23) Establishing contingent fees as a basis of |
---|
447 | | - | compensation; |
---|
448 | | - | (24) Mental illness or disability that results in the |
---|
449 | | - | inability to practice under this Act with reasonable |
---|
450 | | - | judgment, skill, or safety; |
---|
451 | | - | (25) Practicing under a false or assumed name, except |
---|
452 | | - | as provided by law; |
---|
453 | | - | (26) Cheating on or attempting to subvert the |
---|
454 | | - | licensing examination administered under this Act; |
---|
455 | | - | (27) Allowing one's license under this Act to be used |
---|
456 | | - | by an unlicensed person in violation of this Act. |
---|
457 | | - | All fines imposed under this Section shall be paid within |
---|
458 | | - | 60 days after the effective date of the order imposing the fine |
---|
459 | | - | or in accordance with the terms set forth in the order imposing |
---|
460 | | - | the fine. |
---|
461 | | - | (b) The determination by a circuit court that a |
---|
462 | | - | certificate holder is subject to involuntary admission or |
---|
463 | | - | judicial admission as provided in the Mental Health and |
---|
464 | | - | |
---|
465 | | - | |
---|
466 | | - | Developmental Disabilities Code, operates as an automatic |
---|
467 | | - | suspension. Such suspension will end only upon a finding by a |
---|
468 | | - | court that the patient is no longer subject to involuntary |
---|
469 | | - | admission or judicial admission, an order by the court so |
---|
470 | | - | finding and discharging the patient. In any case where a |
---|
471 | | - | license is suspended under this Section, the licensee may file |
---|
472 | | - | a petition for restoration and shall include evidence |
---|
473 | | - | acceptable to the Department that the licensee can resume |
---|
474 | | - | practice in compliance with acceptable and prevailing |
---|
475 | | - | standards of the profession. |
---|
476 | | - | (c) In cases where the Department of Healthcare and Family |
---|
477 | | - | Services has previously determined a licensee or a potential |
---|
478 | | - | licensee is more than 30 days delinquent in the payment of |
---|
479 | | - | child support and has subsequently certified the delinquency |
---|
480 | | - | to the Department, the Department may refuse to issue or renew |
---|
481 | | - | or may revoke or suspend that person's license or may take |
---|
482 | | - | other disciplinary action against that person based solely |
---|
483 | | - | upon the certification of delinquency made by the Department |
---|
484 | | - | of Healthcare and Family Services in accordance with item (5) |
---|
485 | | - | of subsection (a) of Section 2105-15 of the Civil |
---|
486 | | - | Administrative Code of Illinois. |
---|
487 | | - | (d) In enforcing this Section, the Department, upon a |
---|
488 | | - | showing of a possible violation, may compel any individual who |
---|
489 | | - | is certified under this Act or any individual who has applied |
---|
490 | | - | for certification under this Act to submit to a mental or |
---|
491 | | - | physical examination and evaluation, or both, which may |
---|
492 | | - | |
---|
493 | | - | |
---|
494 | | - | include a substance abuse or sexual offender evaluation, at |
---|
495 | | - | the expense of the Department. The Department shall |
---|
496 | | - | specifically designate the examining physician licensed to |
---|
497 | | - | practice medicine in all of its branches or, if applicable, |
---|
498 | | - | the multidisciplinary team involved in providing the mental or |
---|
499 | | - | physical examination and evaluation, or both. The |
---|
500 | | - | multidisciplinary team shall be led by a physician licensed to |
---|
501 | | - | practice medicine in all of its branches and may consist of one |
---|
502 | | - | or more or a combination of physicians licensed to practice |
---|
503 | | - | medicine in all of its branches, licensed chiropractic |
---|
504 | | - | physicians, licensed clinical psychologists, licensed clinical |
---|
505 | | - | social workers, licensed clinical professional counselors, and |
---|
506 | | - | other professional and administrative staff. Any examining |
---|
507 | | - | physician or member of the multidisciplinary team may require |
---|
508 | | - | any person ordered to submit to an examination and evaluation |
---|
509 | | - | pursuant to this Section to submit to any additional |
---|
510 | | - | supplemental testing deemed necessary to complete any |
---|
511 | | - | examination or evaluation process, including, but not limited |
---|
512 | | - | to, blood testing, urinalysis, psychological testing, or |
---|
513 | | - | neuropsychological testing. |
---|
514 | | - | The Department may order the examining physician or any |
---|
515 | | - | member of the multidisciplinary team to provide to the |
---|
516 | | - | Department any and all records, including business records, |
---|
517 | | - | that relate to the examination and evaluation, including any |
---|
518 | | - | supplemental testing performed. The Department may order the |
---|
519 | | - | examining physician or any member of the multidisciplinary |
---|
520 | | - | |
---|
521 | | - | |
---|
522 | | - | team to present testimony concerning this examination and |
---|
523 | | - | evaluation of the certified shorthand reporter or applicant, |
---|
524 | | - | including testimony concerning any supplemental testing or |
---|
525 | | - | documents relating to the examination and evaluation. No |
---|
526 | | - | information, report, record, or other documents in any way |
---|
527 | | - | related to the examination and evaluation shall be excluded by |
---|
528 | | - | reason of any common law or statutory privilege relating to |
---|
529 | | - | communication between the licensee or applicant and the |
---|
530 | | - | examining physician or any member of the multidisciplinary |
---|
531 | | - | team. No authorization is necessary from the certified |
---|
532 | | - | shorthand reporter or applicant ordered to undergo an |
---|
533 | | - | evaluation and examination for the examining physician or any |
---|
534 | | - | member of the multidisciplinary team to provide information, |
---|
535 | | - | reports, records, or other documents or to provide any |
---|
536 | | - | testimony regarding the examination and evaluation. The |
---|
537 | | - | individual to be examined may have, at that individual's his |
---|
538 | | - | or her own expense, another physician of the individual's his |
---|
539 | | - | or her choice present during all aspects of the examination. |
---|
540 | | - | Failure of any individual to submit to mental or physical |
---|
541 | | - | examination and evaluation, or both, when directed, shall |
---|
542 | | - | result in an automatic suspension, without hearing, until such |
---|
543 | | - | time as the individual submits to the examination. If the |
---|
544 | | - | Department finds a certified shorthand reporter unable to |
---|
545 | | - | practice because of the reasons set forth in this Section, the |
---|
546 | | - | Department shall require the certified shorthand reporter to |
---|
547 | | - | submit to care, counseling, or treatment by physicians |
---|
548 | | - | |
---|
549 | | - | |
---|
550 | | - | approved or designated by the Department, as a condition for |
---|
551 | | - | continued, reinstated, or renewed certification. |
---|
552 | | - | When the Secretary immediately suspends a certificate |
---|
553 | | - | under this Section, a hearing upon the person's certificate |
---|
554 | | - | must be convened by the Department within 15 days after the |
---|
555 | | - | suspension and completed without appreciable delay. The |
---|
556 | | - | Department shall have the authority to review the certified |
---|
557 | | - | shorthand reporter's record of treatment and counseling |
---|
558 | | - | regarding the impairment, to the extent permitted by |
---|
559 | | - | applicable federal statutes and regulations safeguarding the |
---|
560 | | - | confidentiality of medical records. |
---|
561 | | - | An individual Individuals certified under this Act, |
---|
562 | | - | affected under this Section, shall be afforded an opportunity |
---|
563 | | - | to demonstrate to the Department that they can resume practice |
---|
564 | | - | in compliance with acceptable and prevailing standards under |
---|
565 | | - | the provisions of the individual's their certification. |
---|
566 | | - | (e) (Blank). |
---|
567 | | - | (f) The Department may refuse to issue or may suspend |
---|
568 | | - | without hearing, as provided for in the Code of Civil |
---|
569 | | - | Procedure, the license of any person who fails to file a |
---|
570 | | - | return, to pay the tax, penalty, or interest shown in a filed |
---|
571 | | - | return, or to pay any final assessment of tax, penalty, or |
---|
572 | | - | interest as required by any tax Act administered by the |
---|
573 | | - | Illinois Department of Revenue, until such time as the |
---|
574 | | - | requirements of any such tax Act are satisfied in accordance |
---|
575 | | - | with subsection (g) of Section 2105-15 of the Civil |
---|
576 | | - | |
---|
577 | | - | |
---|
578 | | - | Administrative Code of Illinois. |
---|
579 | | - | (Source: P.A. 100-872, eff. 8-14-18.) |
---|
580 | | - | (225 ILCS 415/23.1) (from Ch. 111, par. 6224) |
---|
581 | | - | (Section scheduled to be repealed on January 1, 2025) |
---|
582 | | - | Sec. 23.1. Injunctive actions; order to cease and desist. |
---|
583 | | - | (a) If any person violates the provisions of this Act, the |
---|
584 | | - | Secretary may, in the name of the People of the State of |
---|
585 | | - | Illinois, through the Attorney General of the State of |
---|
586 | | - | Illinois or the State's Attorney of the county in which the |
---|
587 | | - | violation is alleged to have occurred, petition for an order |
---|
588 | | - | enjoining such violation or for an order enforcing compliance |
---|
589 | | - | with this Act. Upon the filing of a verified petition in such |
---|
590 | | - | court, the court may issue a temporary restraining order, |
---|
591 | | - | without notice or bond, and may preliminarily and permanently |
---|
592 | | - | enjoin such violation. If it is established that such person |
---|
593 | | - | has violated or is violating the injunction, the court may |
---|
594 | | - | punish the offender for contempt of court. Proceedings under |
---|
595 | | - | this Section shall be in addition to, and not in lieu of, all |
---|
596 | | - | other remedies and penalties provided by this Act. |
---|
597 | | - | (b) If any person practices as a certified shorthand |
---|
598 | | - | reporter or holds oneself himself or herself out as a |
---|
599 | | - | certified shorthand reporter without being licensed under the |
---|
600 | | - | provisions of this Act then any certified shorthand reporter, |
---|
601 | | - | any interested party or any person injured thereby may, in |
---|
602 | | - | addition to the Secretary, petition for relief as provided in |
---|
603 | | - | |
---|
604 | | - | |
---|
605 | | - | subsection (a). |
---|
606 | | - | (c) Whenever in the opinion of the Department any person |
---|
607 | | - | violates any provision of this Act, the Department may issue a |
---|
608 | | - | rule to show cause why an order to cease and desist should not |
---|
609 | | - | be entered against that individual. The rule shall clearly set |
---|
610 | | - | forth the grounds relied upon by the Department and shall |
---|
611 | | - | provide a period of 7 days from the date of the rule to file an |
---|
612 | | - | answer to the satisfaction of the Department. Failure to |
---|
613 | | - | answer to the satisfaction of the Department shall cause an |
---|
614 | | - | order to cease and desist to be issued forthwith. |
---|
615 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
---|
616 | | - | (225 ILCS 415/23.2) (from Ch. 111, par. 6225) |
---|
617 | | - | (Section scheduled to be repealed on January 1, 2025) |
---|
618 | | - | Sec. 23.2. Investigations; notice and hearing. The |
---|
619 | | - | Department may investigate the actions of any applicant or of |
---|
620 | | - | any person or persons holding or claiming to hold a |
---|
621 | | - | certificate. The Department shall, before refusing to issue or |
---|
622 | | - | renew, or taking disciplinary action against, a certificate, |
---|
623 | | - | at least 30 days prior to the date set for the hearing, notify |
---|
624 | | - | in writing the applicant for, or holder of, a certificate of |
---|
625 | | - | the nature of the charges and the time and place for a hearing |
---|
626 | | - | on the charges. The Department shall direct the applicant or |
---|
627 | | - | licensee to file a written answer to the charges with the Board |
---|
628 | | - | under oath within 20 days after the service of the notice and |
---|
629 | | - | inform the applicant or licensee that failure to file an |
---|
630 | | - | |
---|
631 | | - | |
---|
632 | | - | answer will result in default being taken against the |
---|
633 | | - | applicant or licensee. At the time and place fixed in the |
---|
634 | | - | notice, the Department shall proceed to hear the charges and |
---|
635 | | - | the parties or the parties' their counsel shall be accorded |
---|
636 | | - | ample opportunity to present any pertinent statements, |
---|
637 | | - | testimony, evidence, and arguments. The Department may |
---|
638 | | - | continue the hearing from time to time. In case the person, |
---|
639 | | - | after receiving the notice, fails to file an answer, the his or |
---|
640 | | - | her license may, in the discretion of the Department, be |
---|
641 | | - | revoked, suspended, or placed on probationary status or the |
---|
642 | | - | Department may take whatever disciplinary action considered |
---|
643 | | - | proper, including limiting the scope, nature, or extent of the |
---|
644 | | - | person's practice or the imposition of a fine, without a |
---|
645 | | - | hearing, if the act or acts charged constitute sufficient |
---|
646 | | - | grounds for that action under this Act. The written notice and |
---|
647 | | - | any notice in the subsequent proceeding may be served by |
---|
648 | | - | regular registered or certified mail to the licensee's address |
---|
649 | | - | of record or by electronic mail to the licensee's email |
---|
650 | | - | address of record. |
---|
651 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
---|
652 | | - | (225 ILCS 415/23.4) (from Ch. 111, par. 6227) |
---|
653 | | - | (Section scheduled to be repealed on January 1, 2025) |
---|
654 | | - | Sec. 23.4. Subpoenas; oaths. The Department may subpoena |
---|
655 | | - | and bring before it any person and to take the oral or written |
---|
656 | | - | testimony or compel the production of any books, papers, |
---|
657 | | - | |
---|
658 | | - | |
---|
659 | | - | records, or any other documents that the Secretary or the |
---|
660 | | - | Secretary's his or her designee deems relevant or material to |
---|
661 | | - | an investigation or hearing conducted by the Department with |
---|
662 | | - | the same fees and mileage and in the same manner as prescribed |
---|
663 | | - | by law in judicial procedure in civil cases in courts of this |
---|
664 | | - | State. |
---|
665 | | - | The Secretary, the designated hearing officer, any member |
---|
666 | | - | of the Board, or a certified shorthand court reporter may have |
---|
667 | | - | power to administer oaths at any hearing which the Department |
---|
668 | | - | conducts. Notwithstanding any other statute or Department rule |
---|
669 | | - | to the contrary, all requests for testimony and production of |
---|
670 | | - | documents or records shall be in accordance with this Act. |
---|
671 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
---|
672 | | - | (225 ILCS 415/23.6) (from Ch. 111, par. 6229) |
---|
673 | | - | (Section scheduled to be repealed on January 1, 2025) |
---|
674 | | - | Sec. 23.6. Board report. At the conclusion of the hearing |
---|
675 | | - | the Board shall present to the Secretary a written report of |
---|
676 | | - | its findings of fact, conclusions of law, and recommendations. |
---|
677 | | - | The report shall contain a finding whether or not the accused |
---|
678 | | - | person violated this Act or failed to comply with the |
---|
679 | | - | conditions required in this Act. The Board shall specify the |
---|
680 | | - | nature of the violation or failure to comply, and shall make |
---|
681 | | - | its recommendations to the Secretary. The report of findings |
---|
682 | | - | of fact, conclusions of law, and recommendations of the Board |
---|
683 | | - | shall be the basis for the Secretary's Department's action |
---|
684 | | - | |
---|
685 | | - | |
---|
686 | | - | regarding a certificate. If the Secretary disagrees in any |
---|
687 | | - | regard with the report of the Board, the Secretary he may issue |
---|
688 | | - | an order in contravention thereof. The finding is not |
---|
689 | | - | admissible in evidence against the person in a criminal |
---|
690 | | - | prosecution brought for the violation of this Act, but the |
---|
691 | | - | hearing and findings are not a bar to a criminal prosecution |
---|
692 | | - | brought for the violation of this Act. |
---|
693 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
---|
694 | | - | (225 ILCS 415/23.7) (from Ch. 111, par. 6230) |
---|
695 | | - | (Section scheduled to be repealed on January 1, 2025) |
---|
696 | | - | Sec. 23.7. Motion for rehearing. In any hearing involving |
---|
697 | | - | the refusal to issue or renew, or the taking of disciplinary |
---|
698 | | - | action against, a certificate, a copy of the Board's report |
---|
699 | | - | shall be served upon the respondent by the Department as |
---|
700 | | - | provided in this Act for the service of the notice of hearing. |
---|
701 | | - | Within 20 days after such service, the respondent may present |
---|
702 | | - | to the Secretary Department a motion in writing for a |
---|
703 | | - | rehearing, which motion shall specify the particular grounds |
---|
704 | | - | therefor. If no motion for rehearing is filed, then upon the |
---|
705 | | - | expiration of the time specified for filing such a motion, or |
---|
706 | | - | if a motion for rehearing is denied, then upon such denial the |
---|
707 | | - | Secretary may enter an order in accordance with |
---|
708 | | - | recommendations of the Board except as provided in Section |
---|
709 | | - | 23.6. If the respondent shall order from the reporting |
---|
710 | | - | service, and pay for a transcript of the record within the time |
---|
711 | | - | |
---|
712 | | - | |
---|
713 | | - | for filing a motion for rehearing, the 20 day period within |
---|
714 | | - | which such a motion may be filed shall commence upon the |
---|
715 | | - | delivery of the transcript to the respondent. |
---|
716 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
---|
717 | | - | (225 ILCS 415/23.9) (from Ch. 111, par. 6232) |
---|
718 | | - | (Section scheduled to be repealed on January 1, 2025) |
---|
719 | | - | Sec. 23.9. Hearing officers, reports, and review. The |
---|
720 | | - | Secretary shall have the authority to appoint any attorney |
---|
721 | | - | duly licensed to practice law in the State of Illinois to serve |
---|
722 | | - | as the hearing officer in any action involving a refusal to |
---|
723 | | - | issue or renew, or the taking of disciplinary action against a |
---|
724 | | - | certificate. The hearing officer shall have full authority to |
---|
725 | | - | conduct the hearing. The hearing officer shall report the |
---|
726 | | - | hearing officer's his or her findings of fact, conclusions of |
---|
727 | | - | law, and recommendations to the Board and the Secretary. The |
---|
728 | | - | Board shall have 60 days from receipt of the report to review |
---|
729 | | - | the report of the hearing officer and present the Board's |
---|
730 | | - | their findings of fact, conclusions of law, and |
---|
731 | | - | recommendations to the Secretary. If the Board fails to |
---|
732 | | - | present its report within the 60 day period, the Secretary may |
---|
733 | | - | issue an order based on the report of the hearing officer. If |
---|
734 | | - | the Secretary disagrees with the report of the Board or |
---|
735 | | - | hearing officer, the Secretary he may issue an order in |
---|
736 | | - | contravention thereof. |
---|
737 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
---|
738 | | - | |
---|
739 | | - | |
---|
740 | | - | (225 ILCS 415/23.15) (from Ch. 111, par. 6238) |
---|
741 | | - | (Section scheduled to be repealed on January 1, 2025) |
---|
742 | | - | Sec. 23.15. Certification of record; receipt. The |
---|
743 | | - | Department shall not be required to certify any record to the |
---|
744 | | - | court or file any answer in court or otherwise appear in any |
---|
745 | | - | court in a judicial review proceeding, unless and until the |
---|
746 | | - | Department has received from the plaintiff payment of the |
---|
747 | | - | costs of furnishing and certifying the record, which costs |
---|
748 | | - | shall be determined by the Department. Exhibits shall be |
---|
749 | | - | certified without cost. Failure on the part of the plaintiff |
---|
750 | | - | to file a receipt in court shall be grounds for dismissal of |
---|
751 | | - | the action. |
---|
752 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
---|
753 | | - | (225 ILCS 415/24) (from Ch. 111, par. 6240) |
---|
754 | | - | (Section scheduled to be repealed on January 1, 2025) |
---|
755 | | - | Sec. 24. Administrative Procedure Act. The Illinois |
---|
756 | | - | Administrative Procedure Act is hereby expressly adopted and |
---|
757 | | - | incorporated herein as if all of the provisions of that Act |
---|
758 | | - | were included in this Act, except that the provision of |
---|
759 | | - | subsection (d) of Section 10-65 of the Illinois Administrative |
---|
760 | | - | Procedure Act that provides that at hearings the certificate |
---|
761 | | - | holder has the right to show compliance with all lawful |
---|
762 | | - | requirements for retention, continuation |
---|
763 | | - | , or renewal of |
---|
764 | | - | certification is specifically excluded. For the purpose of |
---|
765 | | - | |
---|
766 | | - | |
---|
767 | | - | this Act the notice required under Section 10-25 of the |
---|
768 | | - | Illinois Administrative Procedure Act is deemed sufficient |
---|
769 | | - | when mailed to the last known address of record or email |
---|
770 | | - | address of record. |
---|
771 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
---|
772 | | - | (225 ILCS 415/26) (from Ch. 111, par. 6242) |
---|
773 | | - | (Section scheduled to be repealed on January 1, 2025) |
---|
774 | | - | Sec. 26. Every shorthand reporter shall print the |
---|
775 | | - | reporter's his or her name and license or restricted license |
---|
776 | | - | number on each transcript reported. |
---|
777 | | - | (Source: P.A. 87-481; 87-576.) |
---|
778 | | - | (225 ILCS 415/26.1) |
---|
779 | | - | (Section scheduled to be repealed on January 1, 2025) |
---|
780 | | - | Sec. 26.1. Responsibility for notes. It is the licensee's |
---|
781 | | - | responsibility to preserve the licensee's his or her shorthand |
---|
782 | | - | notes for a period of no less than 10 years from the date that |
---|
783 | | - | the notes or transcripts were taken, except as otherwise |
---|
784 | | - | prescribed by law, through storage of the original paper notes |
---|
785 | | - | or an electronic copy of either the shorthand notes or the |
---|
786 | | - | English transcript of the notes on computer disks, cassettes, |
---|
787 | | - | backup tape systems, optical or laser disk systems, or other |
---|
788 | | - | retrieval systems available at the time that the notes or |
---|
789 | | - | transcripts were taken. |
---|
790 | | - | (Source: P.A. 98-445, eff. 12-31-13.) |
---|
791 | | - | |
---|
792 | | - | |
---|
793 | | - | (225 ILCS 415/18 rep.) |
---|
794 | | - | Section 15. The Illinois Certified Shorthand Reporters Act |
---|
795 | | - | of 1984 is amended by repealing Section 18. |
---|
796 | | - | Section 99. Effective date. This Act takes effect upon |
---|
797 | | - | becoming law. |
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798 | | - | INDEX Statutes amended in order of appearance INDEX Statutes amended in order of appearance |
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799 | | - | INDEX |
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800 | | - | Statutes amended in order of appearance |
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| 31 | + | HB4426 Enrolled- 2 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 2 - LRB103 35695 AWJ 65771 b |
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| 32 | + | HB4426 Enrolled - 2 - LRB103 35695 AWJ 65771 b |
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| 33 | + | 1 The Structural Engineering Practice Act of 1989. |
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| 34 | + | 2 (Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19; |
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| 35 | + | 3 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff. |
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| 36 | + | 4 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357, |
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| 37 | + | 5 eff. 8-9-19; 102-558, eff. 8-20-21.) |
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| 38 | + | 6 Section 10. The Illinois Certified Shorthand Reporters Act |
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| 39 | + | 7 of 1984 is amended by changing Sections 4, 5, 6, 8, 10, 12.1, |
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| 40 | + | 8 14, 15, 16, 17, 19, 23, 23.1, 23.2, 23.4, 23.6, 23.7, 23.9, |
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| 41 | + | 9 23.15, 24, 26, and 26.1 and by adding Section 4.1 as follows: |
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| 42 | + | 10 (225 ILCS 415/4) (from Ch. 111, par. 6204) |
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| 43 | + | 11 (Section scheduled to be repealed on January 1, 2025) |
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| 44 | + | 12 Sec. 4. In this Act: |
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| 45 | + | 13 (1) "Department" means the Department of Financial and |
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| 46 | + | 14 Professional Regulation. |
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| 47 | + | 15 (2) "Secretary" means the Secretary of Financial and |
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| 48 | + | 16 Professional Regulation. |
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| 49 | + | 17 (3) "Board" means the Certified Shorthand Reporters Board |
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| 50 | + | 18 appointed by the Secretary. |
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| 51 | + | 19 (4) "The practice of shorthand reporting" means reporting, |
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| 52 | + | 20 by the use of any system of manual or mechanical shorthand |
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| 53 | + | 21 writing, of Grand Jury proceedings, court proceedings, court |
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| 54 | + | 22 related proceedings, pretrial examinations, depositions, |
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| 55 | + | 23 motions and related proceedings of like character, or |
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| 56 | + | 24 proceedings of an administrative agency when the final |
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804 | | - | INDEX |
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805 | | - | Statutes amended in order of appearance |
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| 60 | + | |
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| 61 | + | |
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| 62 | + | HB4426 Enrolled - 2 - LRB103 35695 AWJ 65771 b |
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| 63 | + | |
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| 64 | + | |
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| 65 | + | HB4426 Enrolled- 3 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 3 - LRB103 35695 AWJ 65771 b |
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| 66 | + | HB4426 Enrolled - 3 - LRB103 35695 AWJ 65771 b |
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| 67 | + | 1 decision of the agency with reference thereto is likely to be |
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| 68 | + | 2 subject to judicial review under the provisions of the |
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| 69 | + | 3 Administrative Review Law. |
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| 70 | + | 4 (5) "Shorthand reporter" means a person who is technically |
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| 71 | + | 5 qualified and certified under this Act to practice shorthand |
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| 72 | + | 6 reporting. |
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| 73 | + | 7 (6) "Stenographic notes" means the original notes by |
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| 74 | + | 8 manual or mechanical shorthand or shorthand writing taken by a |
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| 75 | + | 9 shorthand reporter of a proceeding while in attendance at such |
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| 76 | + | 10 proceeding for the purpose of reporting the same. |
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| 77 | + | 11 (7) "Address of record" means the designated address |
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| 78 | + | 12 recorded by the Department in the applicant's or licensee's |
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| 79 | + | 13 application file or license file as maintained by the |
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| 80 | + | 14 Department's licensure maintenance unit. It is the duty of the |
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| 81 | + | 15 applicant or licensee to inform the Department of any change |
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| 82 | + | 16 of address and those changes must be made either through the |
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| 83 | + | 17 Department's Internet website or by contacting the Department. |
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| 84 | + | 18 (8) "Email address of record" means the designated email |
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| 85 | + | 19 address recorded by the Department in the applicant's |
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| 86 | + | 20 application file or the licensee's license file, as maintained |
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| 87 | + | 21 by the Department's licensure maintenance unit. |
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| 88 | + | 22 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 89 | + | 23 (225 ILCS 415/4.1 new) |
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| 90 | + | 24 Sec. 4.1. Address of record; email address of record. All |
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| 91 | + | 25 applicants and registrants shall: |
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| 92 | + | |
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| 93 | + | |
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| 94 | + | |
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| 95 | + | |
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| 96 | + | |
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| 97 | + | HB4426 Enrolled - 3 - LRB103 35695 AWJ 65771 b |
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| 98 | + | |
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| 99 | + | |
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| 100 | + | HB4426 Enrolled- 4 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 4 - LRB103 35695 AWJ 65771 b |
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| 101 | + | HB4426 Enrolled - 4 - LRB103 35695 AWJ 65771 b |
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| 102 | + | 1 (1) provide a valid address and email address to the |
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| 103 | + | 2 Department, which shall serve as the address of record and |
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| 104 | + | 3 email address of record, respectively, at the time of |
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| 105 | + | 4 application for licensure or renewal of a license; and |
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| 106 | + | 5 (2) inform the Department of any change of address of |
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| 107 | + | 6 record or email address of record within 14 days after |
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| 108 | + | 7 such change either through the Department's website or by |
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| 109 | + | 8 contacting the Department's licensure maintenance unit. |
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| 110 | + | 9 (225 ILCS 415/5) (from Ch. 111, par. 6205) |
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| 111 | + | 10 (Section scheduled to be repealed on January 1, 2025) |
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| 112 | + | 11 Sec. 5. Title. Every person to whom a valid existing |
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| 113 | + | 12 certificate as a certified shorthand reporter has been issued |
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| 114 | + | 13 under this Act shall be designated as a Certified Shorthand |
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| 115 | + | 14 Reporter and not otherwise, and any such certified shorthand |
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| 116 | + | 15 reporter may, in connection with the reporter's his or her |
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| 117 | + | 16 practice of shorthand reporting, use the abbreviation "C.S.R." |
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| 118 | + | 17 or the title "Court Reporter". No person other than the holder |
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| 119 | + | 18 of a valid existing certificate under this Act shall use the |
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| 120 | + | 19 title or designation of "Certified Shorthand Reporter", "Court |
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| 121 | + | 20 Reporter", or "C.S.R.", either directly or indirectly in |
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| 122 | + | 21 connection with that person's his or her profession or |
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| 123 | + | 22 business. |
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| 124 | + | 23 (Source: P.A. 90-49, eff. 7-3-97.) |
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| 125 | + | 24 (225 ILCS 415/6) (from Ch. 111, par. 6206) |
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| 126 | + | |
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| 127 | + | |
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| 128 | + | |
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| 129 | + | |
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| 130 | + | |
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| 131 | + | HB4426 Enrolled - 4 - LRB103 35695 AWJ 65771 b |
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| 132 | + | |
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| 133 | + | |
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| 134 | + | HB4426 Enrolled- 5 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 5 - LRB103 35695 AWJ 65771 b |
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| 135 | + | HB4426 Enrolled - 5 - LRB103 35695 AWJ 65771 b |
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| 136 | + | 1 (Section scheduled to be repealed on January 1, 2025) |
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| 137 | + | 2 Sec. 6. Restricted certificate. Upon receipt of a written |
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| 138 | + | 3 request from the Chief Judge of the reporter's circuit, the |
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| 139 | + | 4 Department shall, upon payment of the required fee, issue to |
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| 140 | + | 5 any reporter who has been appointed in counties of less than |
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| 141 | + | 6 1,000,000 in population, has been examined under the Court |
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| 142 | + | 7 Reporters Act, and has achieved an "A" proficiency rating, a |
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| 143 | + | 8 restricted certificate by which such official court reporter |
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| 144 | + | 9 may then lawfully engage in reporting only court proceedings |
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| 145 | + | 10 to which he may be assigned by the Chief Judge of the |
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| 146 | + | 11 reporter's his circuit may assign. |
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| 147 | + | 12 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 148 | + | 13 (225 ILCS 415/8) (from Ch. 111, par. 6208) |
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| 149 | + | 14 (Section scheduled to be repealed on January 1, 2025) |
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| 150 | + | 15 Sec. 8. Certified Shorthand Reporters Board. The Secretary |
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| 151 | + | 16 shall appoint a Certified Shorthand Reporters Board as |
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| 152 | + | 17 follows: 7 persons who shall be appointed by and shall serve in |
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| 153 | + | 18 an advisory capacity to the Secretary. Six members must be |
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| 154 | + | 19 certified shorthand reporters, in good standing, and actively |
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| 155 | + | 20 engaged in the practice of shorthand reporting in this State |
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| 156 | + | 21 for 10 ten years, and one member must be a member of the public |
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| 157 | + | 22 who is not certified under this Act, or a similar Act of |
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| 158 | + | 23 another jurisdiction. |
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| 159 | + | 24 Members shall serve 4 year terms and until the members' |
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| 160 | + | 25 their successors are appointed and qualified. No member shall |
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| 161 | + | |
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| 162 | + | |
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| 163 | + | |
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| 164 | + | |
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| 165 | + | |
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| 166 | + | HB4426 Enrolled - 5 - LRB103 35695 AWJ 65771 b |
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| 167 | + | |
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| 168 | + | |
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| 169 | + | HB4426 Enrolled- 6 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 6 - LRB103 35695 AWJ 65771 b |
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| 170 | + | HB4426 Enrolled - 6 - LRB103 35695 AWJ 65771 b |
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| 171 | + | 1 be reappointed to the Board for a term that would cause the |
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| 172 | + | 2 member's his continuous service on the Board to be longer than |
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| 173 | + | 3 2 full consecutive terms. Appointments to fill vacancies shall |
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| 174 | + | 4 be made in the same manner as original appointments, for the |
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| 175 | + | 5 unexpired portion of the vacated term. |
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| 176 | + | 6 In making appointments to the Board, the Secretary shall |
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| 177 | + | 7 give consideration to recommendations by national and State |
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| 178 | + | 8 organizations of the shorthand reporter profession. |
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| 179 | + | 9 Four members of the Board shall constitute a quorum. A |
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| 180 | + | 10 quorum is required for all Board decisions. |
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| 181 | + | 11 The Secretary may remove or suspend any member of the |
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| 182 | + | 12 Board for cause at any time before the expiration of the |
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| 183 | + | 13 member's his or her term. The Secretary shall be the sole |
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| 184 | + | 14 arbiter of cause. |
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| 185 | + | 15 The Secretary shall consider the recommendations of the |
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| 186 | + | 16 Board on questions involving standards of professional |
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| 187 | + | 17 conduct, discipline, and qualifications of candidates and |
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| 188 | + | 18 certificate holders under this Act. |
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| 189 | + | 19 Members of the Board shall be reimbursed for all |
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| 190 | + | 20 legitimate, necessary, and authorized expenses incurred in |
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| 191 | + | 21 attending the meetings of the Board. |
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| 192 | + | 22 Members of the Board have no liability in any action based |
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| 193 | + | 23 upon any disciplinary proceedings or other activity performed |
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| 194 | + | 24 in good faith as members of the Board. |
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| 195 | + | 25 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 196 | + | |
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| 197 | + | |
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| 198 | + | |
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| 199 | + | |
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| 200 | + | |
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| 201 | + | HB4426 Enrolled - 6 - LRB103 35695 AWJ 65771 b |
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| 202 | + | |
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| 203 | + | |
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| 204 | + | HB4426 Enrolled- 7 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 7 - LRB103 35695 AWJ 65771 b |
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| 205 | + | HB4426 Enrolled - 7 - LRB103 35695 AWJ 65771 b |
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| 206 | + | 1 (225 ILCS 415/10) (from Ch. 111, par. 6210) |
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| 207 | + | 2 (Section scheduled to be repealed on January 1, 2025) |
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| 208 | + | 3 Sec. 10. The Department shall authorize examinations at |
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| 209 | + | 4 such time and place as it may designate. The examination shall |
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| 210 | + | 5 be of a character to give a fair test of the qualifications of |
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| 211 | + | 6 the applicant to practice shorthand reporting. |
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| 212 | + | 7 Applicants for examination as certified shorthand |
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| 213 | + | 8 reporters shall be required to pay, either to the Department |
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| 214 | + | 9 or the designated testing service, a fee covering the cost of |
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| 215 | + | 10 providing the examination. Failure to appear for the |
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| 216 | + | 11 examination on the scheduled date, at the time and place |
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| 217 | + | 12 specified, after the applicant's application for examination |
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| 218 | + | 13 has been received and acknowledged by the Department or the |
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| 219 | + | 14 designated testing service, shall result in the forfeiture of |
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| 220 | + | 15 the examination fee. |
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| 221 | + | 16 If an applicant neglects, fails, or refuses to take the |
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| 222 | + | 17 next available examination offered or fails to pass an |
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| 223 | + | 18 examination for certification under this Act, the application |
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| 224 | + | 19 shall be denied. If an applicant for examination for |
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| 225 | + | 20 certification under this Act fails to pass the examination |
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| 226 | + | 21 within 3 years after filing an his application, the |
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| 227 | + | 22 application shall be denied. However, such applicant may |
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| 228 | + | 23 thereafter make a new application accompanied by the required |
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| 229 | + | 24 fee. |
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| 230 | + | 25 The Department may employ consultants for the purpose of |
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| 231 | + | 26 preparing and conducting examinations. |
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| 232 | + | |
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| 233 | + | |
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| 234 | + | |
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| 235 | + | |
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| 236 | + | |
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| 237 | + | HB4426 Enrolled - 7 - LRB103 35695 AWJ 65771 b |
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| 238 | + | |
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| 239 | + | |
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| 240 | + | HB4426 Enrolled- 8 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 8 - LRB103 35695 AWJ 65771 b |
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| 241 | + | HB4426 Enrolled - 8 - LRB103 35695 AWJ 65771 b |
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| 242 | + | 1 An applicant has one year from the date of notification of |
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| 243 | + | 2 successful completion of the examination to apply to the |
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| 244 | + | 3 Department for a license. If an applicant fails to apply |
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| 245 | + | 4 within one year, the applicant shall be required to take and |
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| 246 | + | 5 pass the examination again unless licensed in another |
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| 247 | + | 6 jurisdiction of the United States within one year of passing |
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| 248 | + | 7 the examination. |
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| 249 | + | 8 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 250 | + | 9 (225 ILCS 415/12.1) |
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| 251 | + | 10 (Section scheduled to be repealed on January 1, 2025) |
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| 252 | + | 11 Sec. 12.1. Social Security Number or federal individual |
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| 253 | + | 12 taxpayer identification number on license application. In |
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| 254 | + | 13 addition to any other information required to be contained in |
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| 255 | + | 14 the application, every application for an original license |
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| 256 | + | 15 under this Act shall include the applicant's Social Security |
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| 257 | + | 16 Number or federal individual taxpayer identification number, |
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| 258 | + | 17 which shall be retained in the Department's records pertaining |
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| 259 | + | 18 to the license. As soon as practicable, the Department shall |
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| 260 | + | 19 assign a customer's identification number to each applicant |
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| 261 | + | 20 for a license. Every application for a renewal or restored |
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| 262 | + | 21 license shall require the applicant's customer identification |
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| 263 | + | 22 number. |
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| 264 | + | 23 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 265 | + | 24 (225 ILCS 415/14) (from Ch. 111, par. 6214) |
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| 266 | + | |
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| 267 | + | |
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| 268 | + | |
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| 269 | + | |
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| 270 | + | |
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| 271 | + | HB4426 Enrolled - 8 - LRB103 35695 AWJ 65771 b |
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| 272 | + | |
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| 273 | + | |
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| 274 | + | HB4426 Enrolled- 9 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 9 - LRB103 35695 AWJ 65771 b |
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| 275 | + | HB4426 Enrolled - 9 - LRB103 35695 AWJ 65771 b |
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| 276 | + | 1 (Section scheduled to be repealed on January 1, 2025) |
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| 277 | + | 2 Sec. 14. Expiration, renewal, and military service. The |
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| 278 | + | 3 expiration date and renewal period for each certificate issued |
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| 279 | + | 4 under this Act shall be set by rule. |
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| 280 | + | 5 Any certified shorthand reporter who has permitted the |
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| 281 | + | 6 reporter's his certificate to expire or who has had the |
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| 282 | + | 7 reporter's his certificate on inactive status may have the his |
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| 283 | + | 8 certificate restored by making application to the Department, |
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| 284 | + | 9 filing proof acceptable to the Department of the reporter's |
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| 285 | + | 10 his fitness to have the his certificate restored and paying |
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| 286 | + | 11 the required restoration fee. The Department may consider a |
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| 287 | + | 12 certificate expired less than 5 years as prima facie evidence |
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| 288 | + | 13 that the applicant is fit. If a certificate has expired or has |
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| 289 | + | 14 been placed on inactive status and the applicant has practiced |
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| 290 | + | 15 in another jurisdiction during such period, satisfactory proof |
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| 291 | + | 16 of fitness may include sworn evidence certifying to active |
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| 292 | + | 17 practice in another jurisdiction. |
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| 293 | + | 18 If the certified shorthand reporter has not maintained an |
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| 294 | + | 19 active practice in another jurisdiction satisfactory to the |
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| 295 | + | 20 Department, the Department shall determine, by an evaluation |
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| 296 | + | 21 program established by rule, the reporter's his fitness to |
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| 297 | + | 22 resume active status and shall, by rule, establish procedures |
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| 298 | + | 23 and requirements for restoration. |
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| 299 | + | 24 However, any certified shorthand reporter whose |
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| 300 | + | 25 certificate expired while he was (1) in Federal Service on |
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| 301 | + | 26 active duty with the Armed Forces of the United States, while |
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| 302 | + | |
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| 303 | + | |
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| 304 | + | |
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| 305 | + | |
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| 306 | + | |
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| 307 | + | HB4426 Enrolled - 9 - LRB103 35695 AWJ 65771 b |
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| 308 | + | |
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| 309 | + | |
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| 310 | + | HB4426 Enrolled- 10 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 10 - LRB103 35695 AWJ 65771 b |
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| 311 | + | HB4426 Enrolled - 10 - LRB103 35695 AWJ 65771 b |
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| 312 | + | 1 or the State Militia called into service or training in the |
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| 313 | + | 2 State Militia, or while (2) in training or education under the |
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| 314 | + | 3 supervision of the United States preliminary to induction into |
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| 315 | + | 4 the military service, may have the his certificate renewed or |
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| 316 | + | 5 restored without paying any lapsed renewal fees if, within 2 |
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| 317 | + | 6 years after termination of such service, training, or |
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| 318 | + | 7 education except under conditions other than honorable, the |
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| 319 | + | 8 Department is furnished with satisfactory evidence to the |
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| 320 | + | 9 effect that the certificate holder has been so engaged and |
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| 321 | + | 10 that the service, training, or education has been terminated |
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| 322 | + | 11 he furnished the Department with satisfactory evidence to the |
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| 323 | + | 12 effect that he has been so engaged and that his service, |
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| 324 | + | 13 training or education has been so terminated. |
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| 325 | + | 14 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 326 | + | 15 (225 ILCS 415/15) (from Ch. 111, par. 6215) |
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| 327 | + | 16 (Section scheduled to be repealed on January 1, 2025) |
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| 328 | + | 17 Sec. 15. Inactive status. Any certified shorthand reporter |
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| 329 | + | 18 who notifies the Department in writing on forms prescribed by |
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| 330 | + | 19 the Department, may elect to place the reporter's his |
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| 331 | + | 20 certificate on an inactive status and shall, subject to rules |
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| 332 | + | 21 of the Department, be excused from payment of renewal fees |
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| 333 | + | 22 until he notifies the Department has been notified in writing |
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| 334 | + | 23 of the certificate holder's his desire to resume active |
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| 335 | + | 24 status. |
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| 336 | + | 25 Any certified shorthand reporter requesting restoration |
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| 337 | + | |
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| 338 | + | |
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| 339 | + | |
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| 340 | + | |
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| 341 | + | |
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| 342 | + | HB4426 Enrolled - 10 - LRB103 35695 AWJ 65771 b |
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| 343 | + | |
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| 344 | + | |
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| 345 | + | HB4426 Enrolled- 11 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 11 - LRB103 35695 AWJ 65771 b |
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| 346 | + | HB4426 Enrolled - 11 - LRB103 35695 AWJ 65771 b |
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| 347 | + | 1 from inactive status shall be required to pay the current |
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| 348 | + | 2 renewal fee and shall be required to restore the reporter's |
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| 349 | + | 3 his certificate, as provided in Section 14. |
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| 350 | + | 4 Any certified shorthand reporter whose certificate is in |
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| 351 | + | 5 an inactive status shall not practice shorthand reporting in |
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| 352 | + | 6 the State of Illinois. |
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| 353 | + | 7 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 354 | + | 8 (225 ILCS 415/16) (from Ch. 111, par. 6216) |
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| 355 | + | 9 (Section scheduled to be repealed on January 1, 2025) |
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| 356 | + | 10 Sec. 16. Endorsement; licensure without examination. The |
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| 357 | + | 11 Department may certify as a certified shorthand reporter, |
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| 358 | + | 12 without examination, on payment of the required fee, an |
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| 359 | + | 13 applicant who is a certified shorthand reporter registered |
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| 360 | + | 14 under the laws of another jurisdiction, if the requirements |
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| 361 | + | 15 for certification of certified shorthand reporters in that |
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| 362 | + | 16 jurisdiction were, at the date of his certification, |
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| 363 | + | 17 substantially equivalent to the requirements in force in this |
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| 364 | + | 18 State on that date. |
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| 365 | + | 19 Applicants have 3 years from the date of application to |
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| 366 | + | 20 complete the application process. If the process has not been |
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| 367 | + | 21 completed in 3 years, the application shall be denied, the fee |
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| 368 | + | 22 forfeited, and the applicant must reapply and meet the |
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| 369 | + | 23 requirements in effect at the time of reapplication. |
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| 370 | + | 24 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 371 | + | |
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| 372 | + | |
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| 373 | + | |
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| 374 | + | |
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| 375 | + | |
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| 376 | + | HB4426 Enrolled - 11 - LRB103 35695 AWJ 65771 b |
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| 377 | + | |
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| 378 | + | |
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| 379 | + | HB4426 Enrolled- 12 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 12 - LRB103 35695 AWJ 65771 b |
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| 380 | + | HB4426 Enrolled - 12 - LRB103 35695 AWJ 65771 b |
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| 381 | + | 1 (225 ILCS 415/17) (from Ch. 111, par. 6217) |
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| 382 | + | 2 (Section scheduled to be repealed on January 1, 2025) |
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| 383 | + | 3 Sec. 17. Fees; returned checks. |
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| 384 | + | 4 (a) The fees for the administration and enforcement of |
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| 385 | + | 5 this Act, including, but not limited to, original |
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| 386 | + | 6 certification, renewal, and restoration of a license issued |
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| 387 | + | 7 under this Act, shall be set by rule. The fees shall be |
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| 388 | + | 8 nonrefundable. |
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| 389 | + | 9 (b) All fees, fines, and penalties collected under this |
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| 390 | + | 10 Act shall be deposited into the General Professions Dedicated |
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| 391 | + | 11 Fund and shall be appropriated to the Department for the |
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| 392 | + | 12 ordinary and contingent expenses of the Department in the |
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| 393 | + | 13 administration of this Act. |
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| 394 | + | 14 (c) Any person who delivers a check or other payment to the |
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| 395 | + | 15 Department that is returned to the Department unpaid by the |
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| 396 | + | 16 financial institution upon which it is drawn shall pay to the |
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| 397 | + | 17 Department, in addition to the amount already owed to the |
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| 398 | + | 18 Department, a fine of $50. The fines imposed by this Section |
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| 399 | + | 19 are in addition to any other discipline provided under this |
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| 400 | + | 20 Act prohibiting unlicensed practice or practice on a |
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| 401 | + | 21 nonrenewed license. The Department shall notify the person |
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| 402 | + | 22 that payment of fees and fines shall be paid to the Department |
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| 403 | + | 23 by certified check or money order within 30 calendar days of |
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| 404 | + | 24 the notification. If, after the expiration of 30 days from the |
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| 405 | + | 25 date of the notification, the person has failed to submit the |
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| 406 | + | 26 necessary remittance, the Department shall automatically |
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| 407 | + | |
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| 408 | + | |
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| 409 | + | |
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| 410 | + | |
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| 411 | + | |
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| 412 | + | HB4426 Enrolled - 12 - LRB103 35695 AWJ 65771 b |
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| 413 | + | |
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| 414 | + | |
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| 415 | + | HB4426 Enrolled- 13 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 13 - LRB103 35695 AWJ 65771 b |
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| 416 | + | HB4426 Enrolled - 13 - LRB103 35695 AWJ 65771 b |
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| 417 | + | 1 terminate the license or certificate or deny the application, |
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| 418 | + | 2 without hearing. If, after termination or denial, the person |
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| 419 | + | 3 seeks a license or certificate, the person he or she shall |
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| 420 | + | 4 apply to the Department for restoration or issuance of the |
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| 421 | + | 5 license or certificate and pay all fees and fines due to the |
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| 422 | + | 6 Department. The Department may establish a fee for the |
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| 423 | + | 7 processing of an application for restoration of a license or |
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| 424 | + | 8 certificate to pay all expenses of processing this |
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| 425 | + | 9 application. The Secretary may waive the fines due under this |
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| 426 | + | 10 Section in individual cases where the Secretary finds that the |
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| 427 | + | 11 fines would be unreasonable or unnecessarily burdensome. |
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| 428 | + | 12 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 429 | + | 13 (225 ILCS 415/19) (from Ch. 111, par. 6219) |
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| 430 | + | 14 (Section scheduled to be repealed on January 1, 2025) |
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| 431 | + | 15 Sec. 19. Advertising. Any person certified under this Act |
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| 432 | + | 16 may advertise the availability of professional services in the |
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| 433 | + | 17 public media or on the premises where such professional |
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| 434 | + | 18 services are rendered as permitted by law, on the condition |
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| 435 | + | 19 that such advertising is truthful and not misleading and is in |
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| 436 | + | 20 conformity with rules promulgated by the Department. |
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| 437 | + | 21 Advertisements shall not include false, fraudulent, deceptive, |
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| 438 | + | 22 or misleading material or guarantees of success. |
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| 439 | + | 23 Advertisements shall also not include any offers of any gift |
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| 440 | + | 24 or item of value to attorneys or the attorneys' their staff or |
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| 441 | + | 25 any other persons or entities associated with any litigation. |
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| 442 | + | |
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| 443 | + | |
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| 444 | + | |
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| 445 | + | |
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| 446 | + | |
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| 447 | + | HB4426 Enrolled - 13 - LRB103 35695 AWJ 65771 b |
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| 448 | + | |
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| 449 | + | |
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| 450 | + | HB4426 Enrolled- 14 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 14 - LRB103 35695 AWJ 65771 b |
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| 451 | + | HB4426 Enrolled - 14 - LRB103 35695 AWJ 65771 b |
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| 452 | + | 1 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 453 | + | 2 (225 ILCS 415/23) (from Ch. 111, par. 6223) |
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| 454 | + | 3 (Section scheduled to be repealed on January 1, 2025) |
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| 455 | + | 4 Sec. 23. Grounds for disciplinary action. |
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| 456 | + | 5 (a) The Department may refuse to issue or renew, or may |
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| 457 | + | 6 revoke, suspend, place on probation, reprimand, or take other |
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| 458 | + | 7 disciplinary or non-disciplinary action as the Department may |
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| 459 | + | 8 deem appropriate, including imposing fines not to exceed |
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| 460 | + | 9 $10,000 for each violation and the assessment of costs as |
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| 461 | + | 10 provided for in Section 23.3 of this Act, with regard to any |
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| 462 | + | 11 license for any one or combination of the following: |
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| 463 | + | 12 (1) Material misstatement in furnishing information to |
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| 464 | + | 13 the Department; |
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| 465 | + | 14 (2) Violations of this Act, or of the rules |
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| 466 | + | 15 promulgated thereunder; |
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| 467 | + | 16 (3) Conviction by plea of guilty or nolo contendere, |
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| 468 | + | 17 finding of guilt, jury verdict, or entry of judgment or by |
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| 469 | + | 18 sentencing of any crime, including, but not limited to, |
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| 470 | + | 19 convictions, preceding sentences of supervision, |
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| 471 | + | 20 conditional discharge, or first offender probation under |
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| 472 | + | 21 the laws of any jurisdiction of the United States: (i) |
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| 473 | + | 22 that is a felony or (ii) that is a misdemeanor, an |
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| 474 | + | 23 essential element of which is dishonesty, or that is |
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| 475 | + | 24 directly related to the practice of the profession; |
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| 476 | + | 25 (4) Fraud or any misrepresentation in applying for or |
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| 477 | + | |
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| 478 | + | |
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| 479 | + | |
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| 480 | + | |
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| 481 | + | |
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| 482 | + | HB4426 Enrolled - 14 - LRB103 35695 AWJ 65771 b |
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| 483 | + | |
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| 484 | + | |
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| 485 | + | HB4426 Enrolled- 15 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 15 - LRB103 35695 AWJ 65771 b |
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| 486 | + | HB4426 Enrolled - 15 - LRB103 35695 AWJ 65771 b |
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| 487 | + | 1 procuring a license under this Act or in connection with |
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| 488 | + | 2 applying for renewal of a license under this Act; |
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| 489 | + | 3 (5) Professional incompetence; |
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| 490 | + | 4 (6) Aiding or assisting another person, firm, |
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| 491 | + | 5 partnership, or corporation in violating any provision of |
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| 492 | + | 6 this Act or rules; |
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| 493 | + | 7 (7) Failing, within 60 days, to provide information in |
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| 494 | + | 8 response to a written request made by the Department; |
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| 495 | + | 9 (8) Engaging in dishonorable, unethical, or |
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| 496 | + | 10 unprofessional conduct of a character likely to deceive, |
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| 497 | + | 11 defraud, or harm the public; |
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| 498 | + | 12 (9) Habitual or excessive use or abuse of drugs |
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| 499 | + | 13 defined in law as controlled substances, alcohol, or any |
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| 500 | + | 14 other substances that results in the inability to practice |
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| 501 | + | 15 with reasonable judgment, skill, or safety; |
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| 502 | + | 16 (10) Discipline by another state, unit of government, |
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| 503 | + | 17 government agency, the District of Columbia, a territory, |
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| 504 | + | 18 or foreign nation, if at least one of the grounds for the |
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| 505 | + | 19 discipline is the same or substantially equivalent to |
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| 506 | + | 20 those set forth herein; |
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| 507 | + | 21 (11) Charging for professional services not rendered, |
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| 508 | + | 22 including filing false statements for the collection of |
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| 509 | + | 23 fees for which services were not rendered, or giving, |
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| 510 | + | 24 directly or indirectly, any gift or anything of value to |
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| 511 | + | 25 attorneys or the attorneys' their staff or any other |
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| 512 | + | 26 persons or entities associated with any litigation, that |
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| 513 | + | |
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| 514 | + | |
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| 515 | + | |
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| 516 | + | |
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| 517 | + | |
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| 518 | + | HB4426 Enrolled - 15 - LRB103 35695 AWJ 65771 b |
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| 519 | + | |
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| 520 | + | |
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| 521 | + | HB4426 Enrolled- 16 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 16 - LRB103 35695 AWJ 65771 b |
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| 522 | + | HB4426 Enrolled - 16 - LRB103 35695 AWJ 65771 b |
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| 523 | + | 1 exceeds $100 total per year; for the purposes of this |
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| 524 | + | 2 Section, pro bono services, as defined by State law, are |
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| 525 | + | 3 permissible in any amount; |
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| 526 | + | 4 (12) A finding by the Board that the certificate |
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| 527 | + | 5 holder, after having the his certificate placed on |
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| 528 | + | 6 probationary status, has violated the terms of probation; |
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| 529 | + | 7 (13) Willfully making or filing false records or |
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| 530 | + | 8 reports in the practice of shorthand reporting, including, |
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| 531 | + | 9 but not limited to, false records filed with State |
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| 532 | + | 10 agencies or departments; |
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| 533 | + | 11 (14) Physical illness, including, but not limited to, |
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| 534 | + | 12 deterioration through the aging process, or loss of motor |
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| 535 | + | 13 skill which results in the inability to practice under |
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| 536 | + | 14 this Act with reasonable judgment, skill, or safety; |
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| 537 | + | 15 (15) Solicitation of professional services other than |
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| 538 | + | 16 by permitted advertising; |
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| 539 | + | 17 (16) Willful failure to take full and accurate |
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| 540 | + | 18 stenographic notes of any proceeding; |
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| 541 | + | 19 (17) Willful alteration of any stenographic notes |
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| 542 | + | 20 taken at any proceeding; |
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| 543 | + | 21 (18) Willful failure to accurately transcribe verbatim |
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| 544 | + | 22 any stenographic notes taken at any proceeding; |
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| 545 | + | 23 (19) Willful alteration of a transcript of |
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| 546 | + | 24 stenographic notes taken at any proceeding; |
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| 547 | + | 25 (20) Affixing one's signature to any transcript of his |
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| 548 | + | 26 stenographic notes or certifying to its correctness unless |
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| 549 | + | |
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| 550 | + | |
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| 551 | + | |
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| 552 | + | |
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| 553 | + | |
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| 554 | + | HB4426 Enrolled - 16 - LRB103 35695 AWJ 65771 b |
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| 555 | + | |
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| 556 | + | |
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| 557 | + | HB4426 Enrolled- 17 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 17 - LRB103 35695 AWJ 65771 b |
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| 558 | + | HB4426 Enrolled - 17 - LRB103 35695 AWJ 65771 b |
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| 559 | + | 1 the transcript has been prepared by the stenographer him |
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| 560 | + | 2 or under the stenographer's his immediate supervision; |
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| 561 | + | 3 (21) Willful failure to systematically retain |
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| 562 | + | 4 stenographic notes or transcripts on paper or any |
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| 563 | + | 5 electronic media for 10 years from the date that the notes |
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| 564 | + | 6 or transcripts were taken; |
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| 565 | + | 7 (22) Failure to deliver transcripts in a timely manner |
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| 566 | + | 8 or in accordance with contractual agreements; |
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| 567 | + | 9 (23) Establishing contingent fees as a basis of |
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| 568 | + | 10 compensation; |
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| 569 | + | 11 (24) Mental illness or disability that results in the |
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| 570 | + | 12 inability to practice under this Act with reasonable |
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| 571 | + | 13 judgment, skill, or safety; |
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| 572 | + | 14 (25) Practicing under a false or assumed name, except |
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| 573 | + | 15 as provided by law; |
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| 574 | + | 16 (26) Cheating on or attempting to subvert the |
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| 575 | + | 17 licensing examination administered under this Act; |
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| 576 | + | 18 (27) Allowing one's license under this Act to be used |
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| 577 | + | 19 by an unlicensed person in violation of this Act. |
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| 578 | + | 20 All fines imposed under this Section shall be paid within |
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| 579 | + | 21 60 days after the effective date of the order imposing the fine |
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| 580 | + | 22 or in accordance with the terms set forth in the order imposing |
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| 581 | + | 23 the fine. |
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| 582 | + | 24 (b) The determination by a circuit court that a |
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| 583 | + | 25 certificate holder is subject to involuntary admission or |
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| 584 | + | 26 judicial admission as provided in the Mental Health and |
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| 585 | + | |
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| 586 | + | |
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| 587 | + | |
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| 588 | + | |
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| 589 | + | |
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| 590 | + | HB4426 Enrolled - 17 - LRB103 35695 AWJ 65771 b |
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| 591 | + | |
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| 592 | + | |
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| 593 | + | HB4426 Enrolled- 18 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 18 - LRB103 35695 AWJ 65771 b |
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| 594 | + | HB4426 Enrolled - 18 - LRB103 35695 AWJ 65771 b |
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| 595 | + | 1 Developmental Disabilities Code, operates as an automatic |
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| 596 | + | 2 suspension. Such suspension will end only upon a finding by a |
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| 597 | + | 3 court that the patient is no longer subject to involuntary |
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| 598 | + | 4 admission or judicial admission, an order by the court so |
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| 599 | + | 5 finding and discharging the patient. In any case where a |
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| 600 | + | 6 license is suspended under this Section, the licensee may file |
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| 601 | + | 7 a petition for restoration and shall include evidence |
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| 602 | + | 8 acceptable to the Department that the licensee can resume |
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| 603 | + | 9 practice in compliance with acceptable and prevailing |
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| 604 | + | 10 standards of the profession. |
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| 605 | + | 11 (c) In cases where the Department of Healthcare and Family |
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| 606 | + | 12 Services has previously determined a licensee or a potential |
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| 607 | + | 13 licensee is more than 30 days delinquent in the payment of |
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| 608 | + | 14 child support and has subsequently certified the delinquency |
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| 609 | + | 15 to the Department, the Department may refuse to issue or renew |
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| 610 | + | 16 or may revoke or suspend that person's license or may take |
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| 611 | + | 17 other disciplinary action against that person based solely |
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| 612 | + | 18 upon the certification of delinquency made by the Department |
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| 613 | + | 19 of Healthcare and Family Services in accordance with item (5) |
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| 614 | + | 20 of subsection (a) of Section 2105-15 of the Civil |
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| 615 | + | 21 Administrative Code of Illinois. |
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| 616 | + | 22 (d) In enforcing this Section, the Department, upon a |
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| 617 | + | 23 showing of a possible violation, may compel any individual who |
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| 618 | + | 24 is certified under this Act or any individual who has applied |
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| 619 | + | 25 for certification under this Act to submit to a mental or |
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| 620 | + | 26 physical examination and evaluation, or both, which may |
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| 621 | + | |
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| 622 | + | |
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| 623 | + | |
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| 624 | + | |
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| 625 | + | |
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| 626 | + | HB4426 Enrolled - 18 - LRB103 35695 AWJ 65771 b |
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| 627 | + | |
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| 628 | + | |
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| 629 | + | HB4426 Enrolled- 19 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 19 - LRB103 35695 AWJ 65771 b |
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| 630 | + | HB4426 Enrolled - 19 - LRB103 35695 AWJ 65771 b |
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| 631 | + | 1 include a substance abuse or sexual offender evaluation, at |
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| 632 | + | 2 the expense of the Department. The Department shall |
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| 633 | + | 3 specifically designate the examining physician licensed to |
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| 634 | + | 4 practice medicine in all of its branches or, if applicable, |
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| 635 | + | 5 the multidisciplinary team involved in providing the mental or |
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| 636 | + | 6 physical examination and evaluation, or both. The |
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| 637 | + | 7 multidisciplinary team shall be led by a physician licensed to |
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| 638 | + | 8 practice medicine in all of its branches and may consist of one |
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| 639 | + | 9 or more or a combination of physicians licensed to practice |
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| 640 | + | 10 medicine in all of its branches, licensed chiropractic |
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| 641 | + | 11 physicians, licensed clinical psychologists, licensed clinical |
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| 642 | + | 12 social workers, licensed clinical professional counselors, and |
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| 643 | + | 13 other professional and administrative staff. Any examining |
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| 644 | + | 14 physician or member of the multidisciplinary team may require |
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| 645 | + | 15 any person ordered to submit to an examination and evaluation |
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| 646 | + | 16 pursuant to this Section to submit to any additional |
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| 647 | + | 17 supplemental testing deemed necessary to complete any |
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| 648 | + | 18 examination or evaluation process, including, but not limited |
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| 649 | + | 19 to, blood testing, urinalysis, psychological testing, or |
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| 650 | + | 20 neuropsychological testing. |
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| 651 | + | 21 The Department may order the examining physician or any |
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| 652 | + | 22 member of the multidisciplinary team to provide to the |
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| 653 | + | 23 Department any and all records, including business records, |
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| 654 | + | 24 that relate to the examination and evaluation, including any |
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| 655 | + | 25 supplemental testing performed. The Department may order the |
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| 656 | + | 26 examining physician or any member of the multidisciplinary |
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| 657 | + | |
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| 658 | + | |
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| 659 | + | |
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| 660 | + | |
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| 661 | + | |
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| 662 | + | HB4426 Enrolled - 19 - LRB103 35695 AWJ 65771 b |
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| 663 | + | |
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| 664 | + | |
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| 665 | + | HB4426 Enrolled- 20 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 20 - LRB103 35695 AWJ 65771 b |
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| 666 | + | HB4426 Enrolled - 20 - LRB103 35695 AWJ 65771 b |
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| 667 | + | 1 team to present testimony concerning this examination and |
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| 668 | + | 2 evaluation of the certified shorthand reporter or applicant, |
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| 669 | + | 3 including testimony concerning any supplemental testing or |
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| 670 | + | 4 documents relating to the examination and evaluation. No |
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| 671 | + | 5 information, report, record, or other documents in any way |
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| 672 | + | 6 related to the examination and evaluation shall be excluded by |
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| 673 | + | 7 reason of any common law or statutory privilege relating to |
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| 674 | + | 8 communication between the licensee or applicant and the |
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| 675 | + | 9 examining physician or any member of the multidisciplinary |
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| 676 | + | 10 team. No authorization is necessary from the certified |
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| 677 | + | 11 shorthand reporter or applicant ordered to undergo an |
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| 678 | + | 12 evaluation and examination for the examining physician or any |
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| 679 | + | 13 member of the multidisciplinary team to provide information, |
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| 680 | + | 14 reports, records, or other documents or to provide any |
---|
| 681 | + | 15 testimony regarding the examination and evaluation. The |
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| 682 | + | 16 individual to be examined may have, at that individual's his |
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| 683 | + | 17 or her own expense, another physician of the individual's his |
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| 684 | + | 18 or her choice present during all aspects of the examination. |
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| 685 | + | 19 Failure of any individual to submit to mental or physical |
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| 686 | + | 20 examination and evaluation, or both, when directed, shall |
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| 687 | + | 21 result in an automatic suspension, without hearing, until such |
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| 688 | + | 22 time as the individual submits to the examination. If the |
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| 689 | + | 23 Department finds a certified shorthand reporter unable to |
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| 690 | + | 24 practice because of the reasons set forth in this Section, the |
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| 691 | + | 25 Department shall require the certified shorthand reporter to |
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| 692 | + | 26 submit to care, counseling, or treatment by physicians |
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| 693 | + | |
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| 694 | + | |
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| 695 | + | |
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| 696 | + | |
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| 697 | + | |
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| 698 | + | HB4426 Enrolled - 20 - LRB103 35695 AWJ 65771 b |
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| 699 | + | |
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| 700 | + | |
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| 701 | + | HB4426 Enrolled- 21 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 21 - LRB103 35695 AWJ 65771 b |
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| 702 | + | HB4426 Enrolled - 21 - LRB103 35695 AWJ 65771 b |
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| 703 | + | 1 approved or designated by the Department, as a condition for |
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| 704 | + | 2 continued, reinstated, or renewed certification. |
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| 705 | + | 3 When the Secretary immediately suspends a certificate |
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| 706 | + | 4 under this Section, a hearing upon the person's certificate |
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| 707 | + | 5 must be convened by the Department within 15 days after the |
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| 708 | + | 6 suspension and completed without appreciable delay. The |
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| 709 | + | 7 Department shall have the authority to review the certified |
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| 710 | + | 8 shorthand reporter's record of treatment and counseling |
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| 711 | + | 9 regarding the impairment, to the extent permitted by |
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| 712 | + | 10 applicable federal statutes and regulations safeguarding the |
---|
| 713 | + | 11 confidentiality of medical records. |
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| 714 | + | 12 An individual Individuals certified under this Act, |
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| 715 | + | 13 affected under this Section, shall be afforded an opportunity |
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| 716 | + | 14 to demonstrate to the Department that they can resume practice |
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| 717 | + | 15 in compliance with acceptable and prevailing standards under |
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| 718 | + | 16 the provisions of the individual's their certification. |
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| 719 | + | 17 (e) (Blank). |
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| 720 | + | 18 (f) The Department may refuse to issue or may suspend |
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| 721 | + | 19 without hearing, as provided for in the Code of Civil |
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| 722 | + | 20 Procedure, the license of any person who fails to file a |
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| 723 | + | 21 return, to pay the tax, penalty, or interest shown in a filed |
---|
| 724 | + | 22 return, or to pay any final assessment of tax, penalty, or |
---|
| 725 | + | 23 interest as required by any tax Act administered by the |
---|
| 726 | + | 24 Illinois Department of Revenue, until such time as the |
---|
| 727 | + | 25 requirements of any such tax Act are satisfied in accordance |
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| 728 | + | 26 with subsection (g) of Section 2105-15 of the Civil |
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| 729 | + | |
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| 730 | + | |
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| 731 | + | |
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| 732 | + | |
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| 733 | + | |
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| 734 | + | HB4426 Enrolled - 21 - LRB103 35695 AWJ 65771 b |
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| 735 | + | |
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| 736 | + | |
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| 737 | + | HB4426 Enrolled- 22 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 22 - LRB103 35695 AWJ 65771 b |
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| 738 | + | HB4426 Enrolled - 22 - LRB103 35695 AWJ 65771 b |
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| 739 | + | 1 Administrative Code of Illinois. |
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| 740 | + | 2 (Source: P.A. 100-872, eff. 8-14-18.) |
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| 741 | + | 3 (225 ILCS 415/23.1) (from Ch. 111, par. 6224) |
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| 742 | + | 4 (Section scheduled to be repealed on January 1, 2025) |
---|
| 743 | + | 5 Sec. 23.1. Injunctive actions; order to cease and desist. |
---|
| 744 | + | 6 (a) If any person violates the provisions of this Act, the |
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| 745 | + | 7 Secretary may, in the name of the People of the State of |
---|
| 746 | + | 8 Illinois, through the Attorney General of the State of |
---|
| 747 | + | 9 Illinois or the State's Attorney of the county in which the |
---|
| 748 | + | 10 violation is alleged to have occurred, petition for an order |
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| 749 | + | 11 enjoining such violation or for an order enforcing compliance |
---|
| 750 | + | 12 with this Act. Upon the filing of a verified petition in such |
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| 751 | + | 13 court, the court may issue a temporary restraining order, |
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| 752 | + | 14 without notice or bond, and may preliminarily and permanently |
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| 753 | + | 15 enjoin such violation. If it is established that such person |
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| 754 | + | 16 has violated or is violating the injunction, the court may |
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| 755 | + | 17 punish the offender for contempt of court. Proceedings under |
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| 756 | + | 18 this Section shall be in addition to, and not in lieu of, all |
---|
| 757 | + | 19 other remedies and penalties provided by this Act. |
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| 758 | + | 20 (b) If any person practices as a certified shorthand |
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| 759 | + | 21 reporter or holds oneself himself or herself out as a |
---|
| 760 | + | 22 certified shorthand reporter without being licensed under the |
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| 761 | + | 23 provisions of this Act then any certified shorthand reporter, |
---|
| 762 | + | 24 any interested party or any person injured thereby may, in |
---|
| 763 | + | 25 addition to the Secretary, petition for relief as provided in |
---|
| 764 | + | |
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| 765 | + | |
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| 766 | + | |
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| 767 | + | |
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| 768 | + | |
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| 769 | + | HB4426 Enrolled - 22 - LRB103 35695 AWJ 65771 b |
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| 770 | + | |
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| 771 | + | |
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| 772 | + | HB4426 Enrolled- 23 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 23 - LRB103 35695 AWJ 65771 b |
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| 773 | + | HB4426 Enrolled - 23 - LRB103 35695 AWJ 65771 b |
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| 774 | + | 1 subsection (a). |
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| 775 | + | 2 (c) Whenever in the opinion of the Department any person |
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| 776 | + | 3 violates any provision of this Act, the Department may issue a |
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| 777 | + | 4 rule to show cause why an order to cease and desist should not |
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| 778 | + | 5 be entered against that individual. The rule shall clearly set |
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| 779 | + | 6 forth the grounds relied upon by the Department and shall |
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| 780 | + | 7 provide a period of 7 days from the date of the rule to file an |
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| 781 | + | 8 answer to the satisfaction of the Department. Failure to |
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| 782 | + | 9 answer to the satisfaction of the Department shall cause an |
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| 783 | + | 10 order to cease and desist to be issued forthwith. |
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| 784 | + | 11 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 785 | + | 12 (225 ILCS 415/23.2) (from Ch. 111, par. 6225) |
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| 786 | + | 13 (Section scheduled to be repealed on January 1, 2025) |
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| 787 | + | 14 Sec. 23.2. Investigations; notice and hearing. The |
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| 788 | + | 15 Department may investigate the actions of any applicant or of |
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| 789 | + | 16 any person or persons holding or claiming to hold a |
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| 790 | + | 17 certificate. The Department shall, before refusing to issue or |
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| 791 | + | 18 renew, or taking disciplinary action against, a certificate, |
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| 792 | + | 19 at least 30 days prior to the date set for the hearing, notify |
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| 793 | + | 20 in writing the applicant for, or holder of, a certificate of |
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| 794 | + | 21 the nature of the charges and the time and place for a hearing |
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| 795 | + | 22 on the charges. The Department shall direct the applicant or |
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| 796 | + | 23 licensee to file a written answer to the charges with the Board |
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| 797 | + | 24 under oath within 20 days after the service of the notice and |
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| 798 | + | 25 inform the applicant or licensee that failure to file an |
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| 799 | + | |
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| 800 | + | |
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| 801 | + | |
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| 802 | + | |
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| 803 | + | |
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| 804 | + | HB4426 Enrolled - 23 - LRB103 35695 AWJ 65771 b |
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| 805 | + | |
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| 806 | + | |
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| 807 | + | HB4426 Enrolled- 24 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 24 - LRB103 35695 AWJ 65771 b |
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| 808 | + | HB4426 Enrolled - 24 - LRB103 35695 AWJ 65771 b |
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| 809 | + | 1 answer will result in default being taken against the |
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| 810 | + | 2 applicant or licensee. At the time and place fixed in the |
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| 811 | + | 3 notice, the Department shall proceed to hear the charges and |
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| 812 | + | 4 the parties or the parties' their counsel shall be accorded |
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| 813 | + | 5 ample opportunity to present any pertinent statements, |
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| 814 | + | 6 testimony, evidence, and arguments. The Department may |
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| 815 | + | 7 continue the hearing from time to time. In case the person, |
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| 816 | + | 8 after receiving the notice, fails to file an answer, the his or |
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| 817 | + | 9 her license may, in the discretion of the Department, be |
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| 818 | + | 10 revoked, suspended, or placed on probationary status or the |
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| 819 | + | 11 Department may take whatever disciplinary action considered |
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| 820 | + | 12 proper, including limiting the scope, nature, or extent of the |
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| 821 | + | 13 person's practice or the imposition of a fine, without a |
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| 822 | + | 14 hearing, if the act or acts charged constitute sufficient |
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| 823 | + | 15 grounds for that action under this Act. The written notice and |
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| 824 | + | 16 any notice in the subsequent proceeding may be served by |
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| 825 | + | 17 regular registered or certified mail to the licensee's address |
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| 826 | + | 18 of record or by electronic mail to the licensee's email |
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| 827 | + | 19 address of record. |
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| 828 | + | 20 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 829 | + | 21 (225 ILCS 415/23.4) (from Ch. 111, par. 6227) |
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| 830 | + | 22 (Section scheduled to be repealed on January 1, 2025) |
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| 831 | + | 23 Sec. 23.4. Subpoenas; oaths. The Department may subpoena |
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| 832 | + | 24 and bring before it any person and to take the oral or written |
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| 833 | + | 25 testimony or compel the production of any books, papers, |
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| 834 | + | |
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| 835 | + | |
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| 836 | + | |
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| 837 | + | |
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| 838 | + | |
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| 839 | + | HB4426 Enrolled - 24 - LRB103 35695 AWJ 65771 b |
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| 840 | + | |
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| 841 | + | |
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| 842 | + | HB4426 Enrolled- 25 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 25 - LRB103 35695 AWJ 65771 b |
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| 843 | + | HB4426 Enrolled - 25 - LRB103 35695 AWJ 65771 b |
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| 844 | + | 1 records, or any other documents that the Secretary or the |
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| 845 | + | 2 Secretary's his or her designee deems relevant or material to |
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| 846 | + | 3 an investigation or hearing conducted by the Department with |
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| 847 | + | 4 the same fees and mileage and in the same manner as prescribed |
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| 848 | + | 5 by law in judicial procedure in civil cases in courts of this |
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| 849 | + | 6 State. |
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| 850 | + | 7 The Secretary, the designated hearing officer, any member |
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| 851 | + | 8 of the Board, or a certified shorthand court reporter may have |
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| 852 | + | 9 power to administer oaths at any hearing which the Department |
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| 853 | + | 10 conducts. Notwithstanding any other statute or Department rule |
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| 854 | + | 11 to the contrary, all requests for testimony and production of |
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| 855 | + | 12 documents or records shall be in accordance with this Act. |
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| 856 | + | 13 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 857 | + | 14 (225 ILCS 415/23.6) (from Ch. 111, par. 6229) |
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| 858 | + | 15 (Section scheduled to be repealed on January 1, 2025) |
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| 859 | + | 16 Sec. 23.6. Board report. At the conclusion of the hearing |
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| 860 | + | 17 the Board shall present to the Secretary a written report of |
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| 861 | + | 18 its findings of fact, conclusions of law, and recommendations. |
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| 862 | + | 19 The report shall contain a finding whether or not the accused |
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| 863 | + | 20 person violated this Act or failed to comply with the |
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| 864 | + | 21 conditions required in this Act. The Board shall specify the |
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| 865 | + | 22 nature of the violation or failure to comply, and shall make |
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| 866 | + | 23 its recommendations to the Secretary. The report of findings |
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| 867 | + | 24 of fact, conclusions of law, and recommendations of the Board |
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| 868 | + | 25 shall be the basis for the Secretary's Department's action |
---|
| 869 | + | |
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| 870 | + | |
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| 871 | + | |
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| 872 | + | |
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| 873 | + | |
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| 874 | + | HB4426 Enrolled - 25 - LRB103 35695 AWJ 65771 b |
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| 875 | + | |
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| 876 | + | |
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| 877 | + | HB4426 Enrolled- 26 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 26 - LRB103 35695 AWJ 65771 b |
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| 878 | + | HB4426 Enrolled - 26 - LRB103 35695 AWJ 65771 b |
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| 879 | + | 1 regarding a certificate. If the Secretary disagrees in any |
---|
| 880 | + | 2 regard with the report of the Board, the Secretary he may issue |
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| 881 | + | 3 an order in contravention thereof. The finding is not |
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| 882 | + | 4 admissible in evidence against the person in a criminal |
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| 883 | + | 5 prosecution brought for the violation of this Act, but the |
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| 884 | + | 6 hearing and findings are not a bar to a criminal prosecution |
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| 885 | + | 7 brought for the violation of this Act. |
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| 886 | + | 8 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 887 | + | 9 (225 ILCS 415/23.7) (from Ch. 111, par. 6230) |
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| 888 | + | 10 (Section scheduled to be repealed on January 1, 2025) |
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| 889 | + | 11 Sec. 23.7. Motion for rehearing. In any hearing involving |
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| 890 | + | 12 the refusal to issue or renew, or the taking of disciplinary |
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| 891 | + | 13 action against, a certificate, a copy of the Board's report |
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| 892 | + | 14 shall be served upon the respondent by the Department as |
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| 893 | + | 15 provided in this Act for the service of the notice of hearing. |
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| 894 | + | 16 Within 20 days after such service, the respondent may present |
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| 895 | + | 17 to the Secretary Department a motion in writing for a |
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| 896 | + | 18 rehearing, which motion shall specify the particular grounds |
---|
| 897 | + | 19 therefor. If no motion for rehearing is filed, then upon the |
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| 898 | + | 20 expiration of the time specified for filing such a motion, or |
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| 899 | + | 21 if a motion for rehearing is denied, then upon such denial the |
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| 900 | + | 22 Secretary may enter an order in accordance with |
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| 901 | + | 23 recommendations of the Board except as provided in Section |
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| 902 | + | 24 23.6. If the respondent shall order from the reporting |
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| 903 | + | 25 service, and pay for a transcript of the record within the time |
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| 904 | + | |
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| 905 | + | |
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| 906 | + | |
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| 907 | + | |
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| 908 | + | |
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| 909 | + | HB4426 Enrolled - 26 - LRB103 35695 AWJ 65771 b |
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| 910 | + | |
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| 911 | + | |
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| 912 | + | HB4426 Enrolled- 27 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 27 - LRB103 35695 AWJ 65771 b |
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| 913 | + | HB4426 Enrolled - 27 - LRB103 35695 AWJ 65771 b |
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| 914 | + | 1 for filing a motion for rehearing, the 20 day period within |
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| 915 | + | 2 which such a motion may be filed shall commence upon the |
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| 916 | + | 3 delivery of the transcript to the respondent. |
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| 917 | + | 4 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 918 | + | 5 (225 ILCS 415/23.9) (from Ch. 111, par. 6232) |
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| 919 | + | 6 (Section scheduled to be repealed on January 1, 2025) |
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| 920 | + | 7 Sec. 23.9. Hearing officers, reports, and review. The |
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| 921 | + | 8 Secretary shall have the authority to appoint any attorney |
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| 922 | + | 9 duly licensed to practice law in the State of Illinois to serve |
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| 923 | + | 10 as the hearing officer in any action involving a refusal to |
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| 924 | + | 11 issue or renew, or the taking of disciplinary action against a |
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| 925 | + | 12 certificate. The hearing officer shall have full authority to |
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| 926 | + | 13 conduct the hearing. The hearing officer shall report the |
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| 927 | + | 14 hearing officer's his or her findings of fact, conclusions of |
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| 928 | + | 15 law, and recommendations to the Board and the Secretary. The |
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| 929 | + | 16 Board shall have 60 days from receipt of the report to review |
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| 930 | + | 17 the report of the hearing officer and present the Board's |
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| 931 | + | 18 their findings of fact, conclusions of law, and |
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| 932 | + | 19 recommendations to the Secretary. If the Board fails to |
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| 933 | + | 20 present its report within the 60 day period, the Secretary may |
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| 934 | + | 21 issue an order based on the report of the hearing officer. If |
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| 935 | + | 22 the Secretary disagrees with the report of the Board or |
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| 936 | + | 23 hearing officer, the Secretary he may issue an order in |
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| 937 | + | 24 contravention thereof. |
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| 938 | + | 25 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 939 | + | |
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| 940 | + | |
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| 941 | + | |
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| 942 | + | |
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| 943 | + | |
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| 944 | + | HB4426 Enrolled - 27 - LRB103 35695 AWJ 65771 b |
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| 945 | + | |
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| 946 | + | |
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| 947 | + | HB4426 Enrolled- 28 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 28 - LRB103 35695 AWJ 65771 b |
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| 948 | + | HB4426 Enrolled - 28 - LRB103 35695 AWJ 65771 b |
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| 949 | + | 1 (225 ILCS 415/23.15) (from Ch. 111, par. 6238) |
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| 950 | + | 2 (Section scheduled to be repealed on January 1, 2025) |
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| 951 | + | 3 Sec. 23.15. Certification of record; receipt. The |
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| 952 | + | 4 Department shall not be required to certify any record to the |
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| 953 | + | 5 court or file any answer in court or otherwise appear in any |
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| 954 | + | 6 court in a judicial review proceeding, unless and until the |
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| 955 | + | 7 Department has received from the plaintiff payment of the |
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| 956 | + | 8 costs of furnishing and certifying the record, which costs |
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| 957 | + | 9 shall be determined by the Department. Exhibits shall be |
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| 958 | + | 10 certified without cost. Failure on the part of the plaintiff |
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| 959 | + | 11 to file a receipt in court shall be grounds for dismissal of |
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| 960 | + | 12 the action. |
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| 961 | + | 13 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 962 | + | 14 (225 ILCS 415/24) (from Ch. 111, par. 6240) |
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| 963 | + | 15 (Section scheduled to be repealed on January 1, 2025) |
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| 964 | + | 16 Sec. 24. Administrative Procedure Act. The Illinois |
---|
| 965 | + | 17 Administrative Procedure Act is hereby expressly adopted and |
---|
| 966 | + | 18 incorporated herein as if all of the provisions of that Act |
---|
| 967 | + | 19 were included in this Act, except that the provision of |
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| 968 | + | 20 subsection (d) of Section 10-65 of the Illinois Administrative |
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| 969 | + | 21 Procedure Act that provides that at hearings the certificate |
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| 970 | + | 22 holder has the right to show compliance with all lawful |
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| 971 | + | 23 requirements for retention, continuation |
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| 972 | + | , or renewal of |
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| 973 | + | 24 certification is specifically excluded. For the purpose of |
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| 974 | + | |
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| 975 | + | |
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| 976 | + | |
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| 977 | + | |
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| 978 | + | |
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| 979 | + | HB4426 Enrolled - 28 - LRB103 35695 AWJ 65771 b |
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| 980 | + | |
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| 981 | + | |
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| 982 | + | HB4426 Enrolled- 29 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 29 - LRB103 35695 AWJ 65771 b |
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| 983 | + | HB4426 Enrolled - 29 - LRB103 35695 AWJ 65771 b |
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| 984 | + | 1 this Act the notice required under Section 10-25 of the |
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| 985 | + | 2 Illinois Administrative Procedure Act is deemed sufficient |
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| 986 | + | 3 when mailed to the last known address of record or email |
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| 987 | + | 4 address of record. |
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| 988 | + | 5 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 989 | + | 6 (225 ILCS 415/26) (from Ch. 111, par. 6242) |
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| 990 | + | 7 (Section scheduled to be repealed on January 1, 2025) |
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| 991 | + | 8 Sec. 26. Every shorthand reporter shall print the |
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| 992 | + | 9 reporter's his or her name and license or restricted license |
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| 993 | + | 10 number on each transcript reported. |
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| 994 | + | 11 (Source: P.A. 87-481; 87-576.) |
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| 995 | + | 12 (225 ILCS 415/26.1) |
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| 996 | + | 13 (Section scheduled to be repealed on January 1, 2025) |
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| 997 | + | 14 Sec. 26.1. Responsibility for notes. It is the licensee's |
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| 998 | + | 15 responsibility to preserve the licensee's his or her shorthand |
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| 999 | + | 16 notes for a period of no less than 10 years from the date that |
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| 1000 | + | 17 the notes or transcripts were taken, except as otherwise |
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| 1001 | + | 18 prescribed by law, through storage of the original paper notes |
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| 1002 | + | 19 or an electronic copy of either the shorthand notes or the |
---|
| 1003 | + | 20 English transcript of the notes on computer disks, cassettes, |
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| 1004 | + | 21 backup tape systems, optical or laser disk systems, or other |
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| 1005 | + | 22 retrieval systems available at the time that the notes or |
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| 1006 | + | 23 transcripts were taken. |
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| 1007 | + | 24 (Source: P.A. 98-445, eff. 12-31-13.) |
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| 1008 | + | |
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| 1009 | + | |
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| 1010 | + | |
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| 1011 | + | |
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| 1012 | + | |
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| 1013 | + | HB4426 Enrolled - 29 - LRB103 35695 AWJ 65771 b |
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| 1014 | + | |
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| 1015 | + | |
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| 1016 | + | HB4426 Enrolled- 30 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 30 - LRB103 35695 AWJ 65771 b |
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| 1017 | + | HB4426 Enrolled - 30 - LRB103 35695 AWJ 65771 b |
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| 1018 | + | 1 (225 ILCS 415/18 rep.) |
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| 1019 | + | 2 Section 15. The Illinois Certified Shorthand Reporters Act |
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| 1020 | + | 3 of 1984 is amended by repealing Section 18. |
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| 1021 | + | 4 Section 99. Effective date. This Act takes effect upon |
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| 1022 | + | 5 becoming law. |
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| 1023 | + | HB4426 Enrolled- 31 -LRB103 35695 AWJ 65771 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.354 5 ILCS 80/4.405 225 ILCS 415/4from Ch. 111, par. 62046 225 ILCS 415/4.1 new7 225 ILCS 415/5from Ch. 111, par. 62058 225 ILCS 415/6from Ch. 111, par. 62069 225 ILCS 415/8from Ch. 111, par. 620810 225 ILCS 415/10from Ch. 111, par. 621011 225 ILCS 415/12.112 225 ILCS 415/14from Ch. 111, par. 621413 225 ILCS 415/15from Ch. 111, par. 621514 225 ILCS 415/16from Ch. 111, par. 621615 225 ILCS 415/17from Ch. 111, par. 621716 225 ILCS 415/19from Ch. 111, par. 621917 225 ILCS 415/23from Ch. 111, par. 622318 225 ILCS 415/23.1from Ch. 111, par. 622419 225 ILCS 415/23.2from Ch. 111, par. 622520 225 ILCS 415/23.4from Ch. 111, par. 622721 225 ILCS 415/23.6from Ch. 111, par. 622922 225 ILCS 415/23.7from Ch. 111, par. 623023 225 ILCS 415/23.9from Ch. 111, par. 623224 225 ILCS 415/23.15from Ch. 111, par. 623825 225 ILCS 415/24from Ch. 111, par. 6240 HB4426 Enrolled- 32 -LRB103 35695 AWJ 65771 b HB4426 Enrolled- 31 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 31 - LRB103 35695 AWJ 65771 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.35 4 5 ILCS 80/4.40 5 225 ILCS 415/4 from Ch. 111, par. 6204 6 225 ILCS 415/4.1 new 7 225 ILCS 415/5 from Ch. 111, par. 6205 8 225 ILCS 415/6 from Ch. 111, par. 6206 9 225 ILCS 415/8 from Ch. 111, par. 6208 10 225 ILCS 415/10 from Ch. 111, par. 6210 11 225 ILCS 415/12.1 12 225 ILCS 415/14 from Ch. 111, par. 6214 13 225 ILCS 415/15 from Ch. 111, par. 6215 14 225 ILCS 415/16 from Ch. 111, par. 6216 15 225 ILCS 415/17 from Ch. 111, par. 6217 16 225 ILCS 415/19 from Ch. 111, par. 6219 17 225 ILCS 415/23 from Ch. 111, par. 6223 18 225 ILCS 415/23.1 from Ch. 111, par. 6224 19 225 ILCS 415/23.2 from Ch. 111, par. 6225 20 225 ILCS 415/23.4 from Ch. 111, par. 6227 21 225 ILCS 415/23.6 from Ch. 111, par. 6229 22 225 ILCS 415/23.7 from Ch. 111, par. 6230 23 225 ILCS 415/23.9 from Ch. 111, par. 6232 24 225 ILCS 415/23.15 from Ch. 111, par. 6238 25 225 ILCS 415/24 from Ch. 111, par. 6240 HB4426 Enrolled- 32 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 32 - LRB103 35695 AWJ 65771 b |
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| 1024 | + | HB4426 Enrolled- 31 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 31 - LRB103 35695 AWJ 65771 b |
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| 1025 | + | HB4426 Enrolled - 31 - LRB103 35695 AWJ 65771 b |
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| 1026 | + | 1 INDEX |
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| 1027 | + | 2 Statutes amended in order of appearance |
---|
| 1028 | + | 3 5 ILCS 80/4.35 |
---|
| 1029 | + | 4 5 ILCS 80/4.40 |
---|
| 1030 | + | 5 225 ILCS 415/4 from Ch. 111, par. 6204 |
---|
| 1031 | + | 6 225 ILCS 415/4.1 new |
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| 1032 | + | 7 225 ILCS 415/5 from Ch. 111, par. 6205 |
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| 1033 | + | 8 225 ILCS 415/6 from Ch. 111, par. 6206 |
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| 1034 | + | 9 225 ILCS 415/8 from Ch. 111, par. 6208 |
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| 1035 | + | 10 225 ILCS 415/10 from Ch. 111, par. 6210 |
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| 1036 | + | 11 225 ILCS 415/12.1 |
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| 1037 | + | 12 225 ILCS 415/14 from Ch. 111, par. 6214 |
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| 1038 | + | 13 225 ILCS 415/15 from Ch. 111, par. 6215 |
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| 1039 | + | 14 225 ILCS 415/16 from Ch. 111, par. 6216 |
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| 1040 | + | 15 225 ILCS 415/17 from Ch. 111, par. 6217 |
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| 1041 | + | 16 225 ILCS 415/19 from Ch. 111, par. 6219 |
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| 1042 | + | 17 225 ILCS 415/23 from Ch. 111, par. 6223 |
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| 1043 | + | 18 225 ILCS 415/23.1 from Ch. 111, par. 6224 |
---|
| 1044 | + | 19 225 ILCS 415/23.2 from Ch. 111, par. 6225 |
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| 1045 | + | 20 225 ILCS 415/23.4 from Ch. 111, par. 6227 |
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| 1046 | + | 21 225 ILCS 415/23.6 from Ch. 111, par. 6229 |
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| 1047 | + | 22 225 ILCS 415/23.7 from Ch. 111, par. 6230 |
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| 1048 | + | 23 225 ILCS 415/23.9 from Ch. 111, par. 6232 |
---|
| 1049 | + | 24 225 ILCS 415/23.15 from Ch. 111, par. 6238 |
---|
| 1050 | + | 25 225 ILCS 415/24 from Ch. 111, par. 6240 |
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| 1051 | + | HB4426 Enrolled- 32 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 32 - LRB103 35695 AWJ 65771 b |
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| 1052 | + | HB4426 Enrolled - 32 - LRB103 35695 AWJ 65771 b |
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| 1053 | + | |
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| 1054 | + | |
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| 1055 | + | |
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| 1056 | + | |
---|
| 1057 | + | |
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| 1058 | + | HB4426 Enrolled - 30 - LRB103 35695 AWJ 65771 b |
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| 1059 | + | |
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| 1060 | + | |
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| 1061 | + | |
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| 1062 | + | HB4426 Enrolled- 31 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 31 - LRB103 35695 AWJ 65771 b |
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| 1063 | + | HB4426 Enrolled - 31 - LRB103 35695 AWJ 65771 b |
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| 1064 | + | 1 INDEX |
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| 1065 | + | 2 Statutes amended in order of appearance |
---|
| 1066 | + | 3 5 ILCS 80/4.35 |
---|
| 1067 | + | 4 5 ILCS 80/4.40 |
---|
| 1068 | + | 5 225 ILCS 415/4 from Ch. 111, par. 6204 |
---|
| 1069 | + | 6 225 ILCS 415/4.1 new |
---|
| 1070 | + | 7 225 ILCS 415/5 from Ch. 111, par. 6205 |
---|
| 1071 | + | 8 225 ILCS 415/6 from Ch. 111, par. 6206 |
---|
| 1072 | + | 9 225 ILCS 415/8 from Ch. 111, par. 6208 |
---|
| 1073 | + | 10 225 ILCS 415/10 from Ch. 111, par. 6210 |
---|
| 1074 | + | 11 225 ILCS 415/12.1 |
---|
| 1075 | + | 12 225 ILCS 415/14 from Ch. 111, par. 6214 |
---|
| 1076 | + | 13 225 ILCS 415/15 from Ch. 111, par. 6215 |
---|
| 1077 | + | 14 225 ILCS 415/16 from Ch. 111, par. 6216 |
---|
| 1078 | + | 15 225 ILCS 415/17 from Ch. 111, par. 6217 |
---|
| 1079 | + | 16 225 ILCS 415/19 from Ch. 111, par. 6219 |
---|
| 1080 | + | 17 225 ILCS 415/23 from Ch. 111, par. 6223 |
---|
| 1081 | + | 18 225 ILCS 415/23.1 from Ch. 111, par. 6224 |
---|
| 1082 | + | 19 225 ILCS 415/23.2 from Ch. 111, par. 6225 |
---|
| 1083 | + | 20 225 ILCS 415/23.4 from Ch. 111, par. 6227 |
---|
| 1084 | + | 21 225 ILCS 415/23.6 from Ch. 111, par. 6229 |
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| 1085 | + | 22 225 ILCS 415/23.7 from Ch. 111, par. 6230 |
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| 1086 | + | 23 225 ILCS 415/23.9 from Ch. 111, par. 6232 |
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| 1087 | + | 24 225 ILCS 415/23.15 from Ch. 111, par. 6238 |
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| 1088 | + | 25 225 ILCS 415/24 from Ch. 111, par. 6240 |
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| 1089 | + | |
---|
| 1090 | + | |
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| 1091 | + | |
---|
| 1092 | + | |
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| 1093 | + | |
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| 1094 | + | HB4426 Enrolled - 31 - LRB103 35695 AWJ 65771 b |
---|
| 1095 | + | |
---|
| 1096 | + | |
---|
| 1097 | + | HB4426 Enrolled- 32 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 32 - LRB103 35695 AWJ 65771 b |
---|
| 1098 | + | HB4426 Enrolled - 32 - LRB103 35695 AWJ 65771 b |
---|
| 1099 | + | |
---|
| 1100 | + | |
---|
| 1101 | + | |
---|
| 1102 | + | |
---|
| 1103 | + | |
---|
| 1104 | + | HB4426 Enrolled - 32 - LRB103 35695 AWJ 65771 b |
---|