Illinois 2023-2024 Regular Session

Illinois House Bill HB4426 Compare Versions

OldNewDifferences
1-Public Act 103-0816
21 HB4426 EnrolledLRB103 35695 AWJ 65771 b HB4426 Enrolled LRB103 35695 AWJ 65771 b
32 HB4426 Enrolled LRB103 35695 AWJ 65771 b
4-AN ACT concerning government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Regulatory Sunset Act is amended by
8-changing Sections 4.35 and 4.40 as follows:
9-(5 ILCS 80/4.35)
10-Sec. 4.35. Acts repealed on January 1, 2025. The following
11-Acts are repealed on January 1, 2025:
12-The Genetic Counselor Licensing Act.
13-The Illinois Certified Shorthand Reporters Act of 1984.
14-(Source: P.A. 103-563, eff. 11-17-23.)
15-(5 ILCS 80/4.40)
16-Sec. 4.40. Acts repealed on January 1, 2030. The following
17-Acts are repealed on January 1, 2030:
18-The Auction License Act.
19-The Illinois Architecture Practice Act of 1989.
20-The Illinois Certified Shorthand Reporters Act of 1984.
21-The Illinois Professional Land Surveyor Act of 1989.
22-The Orthotics, Prosthetics, and Pedorthics Practice Act.
23-The Perfusionist Practice Act.
24-The Professional Engineering Practice Act of 1989.
25-The Real Estate License Act of 2000.
3+1 AN ACT concerning government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Regulatory Sunset Act is amended by
7+5 changing Sections 4.35 and 4.40 as follows:
8+6 (5 ILCS 80/4.35)
9+7 Sec. 4.35. Acts repealed on January 1, 2025. The following
10+8 Acts are repealed on January 1, 2025:
11+9 The Genetic Counselor Licensing Act.
12+10 The Illinois Certified Shorthand Reporters Act of 1984.
13+11 (Source: P.A. 103-563, eff. 11-17-23.)
14+12 (5 ILCS 80/4.40)
15+13 Sec. 4.40. Acts repealed on January 1, 2030. The following
16+14 Acts are repealed on January 1, 2030:
17+15 The Auction License Act.
18+16 The Illinois Architecture Practice Act of 1989.
19+17 The Illinois Certified Shorthand Reporters Act of 1984.
20+18 The Illinois Professional Land Surveyor Act of 1989.
21+19 The Orthotics, Prosthetics, and Pedorthics Practice Act.
22+20 The Perfusionist Practice Act.
23+21 The Professional Engineering Practice Act of 1989.
24+22 The Real Estate License Act of 2000.
2625
2726
2827
2928 HB4426 Enrolled LRB103 35695 AWJ 65771 b
3029
3130
32-The Structural Engineering Practice Act of 1989.
33-(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19;
34-101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff.
35-8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357,
36-eff. 8-9-19; 102-558, eff. 8-20-21.)
37-Section 10. The Illinois Certified Shorthand Reporters Act
38-of 1984 is amended by changing Sections 4, 5, 6, 8, 10, 12.1,
39-14, 15, 16, 17, 19, 23, 23.1, 23.2, 23.4, 23.6, 23.7, 23.9,
40-23.15, 24, 26, and 26.1 and by adding Section 4.1 as follows:
41-(225 ILCS 415/4) (from Ch. 111, par. 6204)
42-(Section scheduled to be repealed on January 1, 2025)
43-Sec. 4. In this Act:
44-(1) "Department" means the Department of Financial and
45-Professional Regulation.
46-(2) "Secretary" means the Secretary of Financial and
47-Professional Regulation.
48-(3) "Board" means the Certified Shorthand Reporters Board
49-appointed by the Secretary.
50-(4) "The practice of shorthand reporting" means reporting,
51-by the use of any system of manual or mechanical shorthand
52-writing, of Grand Jury proceedings, court proceedings, court
53-related proceedings, pretrial examinations, depositions,
54-motions and related proceedings of like character, or
55-proceedings of an administrative agency when the final
56-
57-
58-decision of the agency with reference thereto is likely to be
59-subject to judicial review under the provisions of the
60-Administrative Review Law.
61-(5) "Shorthand reporter" means a person who is technically
62-qualified and certified under this Act to practice shorthand
63-reporting.
64-(6) "Stenographic notes" means the original notes by
65-manual or mechanical shorthand or shorthand writing taken by a
66-shorthand reporter of a proceeding while in attendance at such
67-proceeding for the purpose of reporting the same.
68-(7) "Address of record" means the designated address
69-recorded by the Department in the applicant's or licensee's
70-application file or license file as maintained by the
71-Department's licensure maintenance unit. It is the duty of the
72-applicant or licensee to inform the Department of any change
73-of address and those changes must be made either through the
74-Department's Internet website or by contacting the Department.
75-(8) "Email address of record" means the designated email
76-address recorded by the Department in the applicant's
77-application file or the licensee's license file, as maintained
78-by the Department's licensure maintenance unit.
79-(Source: P.A. 98-445, eff. 12-31-13.)
80-(225 ILCS 415/4.1 new)
81-Sec. 4.1. Address of record; email address of record. All
82-applicants and registrants shall:
83-
84-
85-(1) provide a valid address and email address to the
86-Department, which shall serve as the address of record and
87-email address of record, respectively, at the time of
88-application for licensure or renewal of a license; and
89-(2) inform the Department of any change of address of
90-record or email address of record within 14 days after
91-such change either through the Department's website or by
92-contacting the Department's licensure maintenance unit.
93-(225 ILCS 415/5) (from Ch. 111, par. 6205)
94-(Section scheduled to be repealed on January 1, 2025)
95-Sec. 5. Title. Every person to whom a valid existing
96-certificate as a certified shorthand reporter has been issued
97-under this Act shall be designated as a Certified Shorthand
98-Reporter and not otherwise, and any such certified shorthand
99-reporter may, in connection with the reporter's his or her
100-practice of shorthand reporting, use the abbreviation "C.S.R."
101-or the title "Court Reporter". No person other than the holder
102-of a valid existing certificate under this Act shall use the
103-title or designation of "Certified Shorthand Reporter", "Court
104-Reporter", or "C.S.R.", either directly or indirectly in
105-connection with that person's his or her profession or
106-business.
107-(Source: P.A. 90-49, eff. 7-3-97.)
108-(225 ILCS 415/6) (from Ch. 111, par. 6206)
109-
110-
111-(Section scheduled to be repealed on January 1, 2025)
112-Sec. 6. Restricted certificate. Upon receipt of a written
113-request from the Chief Judge of the reporter's circuit, the
114-Department shall, upon payment of the required fee, issue to
115-any reporter who has been appointed in counties of less than
116-1,000,000 in population, has been examined under the Court
117-Reporters Act, and has achieved an "A" proficiency rating, a
118-restricted certificate by which such official court reporter
119-may then lawfully engage in reporting only court proceedings
120-to which he may be assigned by the Chief Judge of the
121-reporter's his circuit may assign.
122-(Source: P.A. 98-445, eff. 12-31-13.)
123-(225 ILCS 415/8) (from Ch. 111, par. 6208)
124-(Section scheduled to be repealed on January 1, 2025)
125-Sec. 8. Certified Shorthand Reporters Board. The Secretary
126-shall appoint a Certified Shorthand Reporters Board as
127-follows: 7 persons who shall be appointed by and shall serve in
128-an advisory capacity to the Secretary. Six members must be
129-certified shorthand reporters, in good standing, and actively
130-engaged in the practice of shorthand reporting in this State
131-for 10 ten years, and one member must be a member of the public
132-who is not certified under this Act, or a similar Act of
133-another jurisdiction.
134-Members shall serve 4 year terms and until the members'
135-their successors are appointed and qualified. No member shall
136-
137-
138-be reappointed to the Board for a term that would cause the
139-member's his continuous service on the Board to be longer than
140-2 full consecutive terms. Appointments to fill vacancies shall
141-be made in the same manner as original appointments, for the
142-unexpired portion of the vacated term.
143-In making appointments to the Board, the Secretary shall
144-give consideration to recommendations by national and State
145-organizations of the shorthand reporter profession.
146-Four members of the Board shall constitute a quorum. A
147-quorum is required for all Board decisions.
148-The Secretary may remove or suspend any member of the
149-Board for cause at any time before the expiration of the
150-member's his or her term. The Secretary shall be the sole
151-arbiter of cause.
152-The Secretary shall consider the recommendations of the
153-Board on questions involving standards of professional
154-conduct, discipline, and qualifications of candidates and
155-certificate holders under this Act.
156-Members of the Board shall be reimbursed for all
157-legitimate, necessary, and authorized expenses incurred in
158-attending the meetings of the Board.
159-Members of the Board have no liability in any action based
160-upon any disciplinary proceedings or other activity performed
161-in good faith as members of the Board.
162-(Source: P.A. 98-445, eff. 12-31-13.)
163-
164-
165-(225 ILCS 415/10) (from Ch. 111, par. 6210)
166-(Section scheduled to be repealed on January 1, 2025)
167-Sec. 10. The Department shall authorize examinations at
168-such time and place as it may designate. The examination shall
169-be of a character to give a fair test of the qualifications of
170-the applicant to practice shorthand reporting.
171-Applicants for examination as certified shorthand
172-reporters shall be required to pay, either to the Department
173-or the designated testing service, a fee covering the cost of
174-providing the examination. Failure to appear for the
175-examination on the scheduled date, at the time and place
176-specified, after the applicant's application for examination
177-has been received and acknowledged by the Department or the
178-designated testing service, shall result in the forfeiture of
179-the examination fee.
180-If an applicant neglects, fails, or refuses to take the
181-next available examination offered or fails to pass an
182-examination for certification under this Act, the application
183-shall be denied. If an applicant for examination for
184-certification under this Act fails to pass the examination
185-within 3 years after filing an his application, the
186-application shall be denied. However, such applicant may
187-thereafter make a new application accompanied by the required
188-fee.
189-The Department may employ consultants for the purpose of
190-preparing and conducting examinations.
191-
192-
193-An applicant has one year from the date of notification of
194-successful completion of the examination to apply to the
195-Department for a license. If an applicant fails to apply
196-within one year, the applicant shall be required to take and
197-pass the examination again unless licensed in another
198-jurisdiction of the United States within one year of passing
199-the examination.
200-(Source: P.A. 98-445, eff. 12-31-13.)
201-(225 ILCS 415/12.1)
202-(Section scheduled to be repealed on January 1, 2025)
203-Sec. 12.1. Social Security Number or federal individual
204-taxpayer identification number on license application. In
205-addition to any other information required to be contained in
206-the application, every application for an original license
207-under this Act shall include the applicant's Social Security
208-Number or federal individual taxpayer identification number,
209-which shall be retained in the Department's records pertaining
210-to the license. As soon as practicable, the Department shall
211-assign a customer's identification number to each applicant
212-for a license. Every application for a renewal or restored
213-license shall require the applicant's customer identification
214-number.
215-(Source: P.A. 98-445, eff. 12-31-13.)
216-(225 ILCS 415/14) (from Ch. 111, par. 6214)
217-
218-
219-(Section scheduled to be repealed on January 1, 2025)
220-Sec. 14. Expiration, renewal, and military service. The
221-expiration date and renewal period for each certificate issued
222-under this Act shall be set by rule.
223-Any certified shorthand reporter who has permitted the
224-reporter's his certificate to expire or who has had the
225-reporter's his certificate on inactive status may have the his
226-certificate restored by making application to the Department,
227-filing proof acceptable to the Department of the reporter's
228-his fitness to have the his certificate restored and paying
229-the required restoration fee. The Department may consider a
230-certificate expired less than 5 years as prima facie evidence
231-that the applicant is fit. If a certificate has expired or has
232-been placed on inactive status and the applicant has practiced
233-in another jurisdiction during such period, satisfactory proof
234-of fitness may include sworn evidence certifying to active
235-practice in another jurisdiction.
236-If the certified shorthand reporter has not maintained an
237-active practice in another jurisdiction satisfactory to the
238-Department, the Department shall determine, by an evaluation
239-program established by rule, the reporter's his fitness to
240-resume active status and shall, by rule, establish procedures
241-and requirements for restoration.
242-However, any certified shorthand reporter whose
243-certificate expired while he was (1) in Federal Service on
244-active duty with the Armed Forces of the United States, while
245-
246-
247-or the State Militia called into service or training in the
248-State Militia, or while (2) in training or education under the
249-supervision of the United States preliminary to induction into
250-the military service, may have the his certificate renewed or
251-restored without paying any lapsed renewal fees if, within 2
252-years after termination of such service, training, or
253-education except under conditions other than honorable, the
254-Department is furnished with satisfactory evidence to the
255-effect that the certificate holder has been so engaged and
256-that the service, training, or education has been terminated
257-he furnished the Department with satisfactory evidence to the
258-effect that he has been so engaged and that his service,
259-training or education has been so terminated.
260-(Source: P.A. 98-445, eff. 12-31-13.)
261-(225 ILCS 415/15) (from Ch. 111, par. 6215)
262-(Section scheduled to be repealed on January 1, 2025)
263-Sec. 15. Inactive status. Any certified shorthand reporter
264-who notifies the Department in writing on forms prescribed by
265-the Department, may elect to place the reporter's his
266-certificate on an inactive status and shall, subject to rules
267-of the Department, be excused from payment of renewal fees
268-until he notifies the Department has been notified in writing
269-of the certificate holder's his desire to resume active
270-status.
271-Any certified shorthand reporter requesting restoration
272-
273-
274-from inactive status shall be required to pay the current
275-renewal fee and shall be required to restore the reporter's
276-his certificate, as provided in Section 14.
277-Any certified shorthand reporter whose certificate is in
278-an inactive status shall not practice shorthand reporting in
279-the State of Illinois.
280-(Source: P.A. 98-445, eff. 12-31-13.)
281-(225 ILCS 415/16) (from Ch. 111, par. 6216)
282-(Section scheduled to be repealed on January 1, 2025)
283-Sec. 16. Endorsement; licensure without examination. The
284-Department may certify as a certified shorthand reporter,
285-without examination, on payment of the required fee, an
286-applicant who is a certified shorthand reporter registered
287-under the laws of another jurisdiction, if the requirements
288-for certification of certified shorthand reporters in that
289-jurisdiction were, at the date of his certification,
290-substantially equivalent to the requirements in force in this
291-State on that date.
292-Applicants have 3 years from the date of application to
293-complete the application process. If the process has not been
294-completed in 3 years, the application shall be denied, the fee
295-forfeited, and the applicant must reapply and meet the
296-requirements in effect at the time of reapplication.
297-(Source: P.A. 98-445, eff. 12-31-13.)
298-
299-
300-(225 ILCS 415/17) (from Ch. 111, par. 6217)
301-(Section scheduled to be repealed on January 1, 2025)
302-Sec. 17. Fees; returned checks.
303-(a) The fees for the administration and enforcement of
304-this Act, including, but not limited to, original
305-certification, renewal, and restoration of a license issued
306-under this Act, shall be set by rule. The fees shall be
307-nonrefundable.
308-(b) All fees, fines, and penalties collected under this
309-Act shall be deposited into the General Professions Dedicated
310-Fund and shall be appropriated to the Department for the
311-ordinary and contingent expenses of the Department in the
312-administration of this Act.
313-(c) Any person who delivers a check or other payment to the
314-Department that is returned to the Department unpaid by the
315-financial institution upon which it is drawn shall pay to the
316-Department, in addition to the amount already owed to the
317-Department, a fine of $50. The fines imposed by this Section
318-are in addition to any other discipline provided under this
319-Act prohibiting unlicensed practice or practice on a
320-nonrenewed license. The Department shall notify the person
321-that payment of fees and fines shall be paid to the Department
322-by certified check or money order within 30 calendar days of
323-the notification. If, after the expiration of 30 days from the
324-date of the notification, the person has failed to submit the
325-necessary remittance, the Department shall automatically
326-
327-
328-terminate the license or certificate or deny the application,
329-without hearing. If, after termination or denial, the person
330-seeks a license or certificate, the person he or she shall
331-apply to the Department for restoration or issuance of the
332-license or certificate and pay all fees and fines due to the
333-Department. The Department may establish a fee for the
334-processing of an application for restoration of a license or
335-certificate to pay all expenses of processing this
336-application. The Secretary may waive the fines due under this
337-Section in individual cases where the Secretary finds that the
338-fines would be unreasonable or unnecessarily burdensome.
339-(Source: P.A. 98-445, eff. 12-31-13.)
340-(225 ILCS 415/19) (from Ch. 111, par. 6219)
341-(Section scheduled to be repealed on January 1, 2025)
342-Sec. 19. Advertising. Any person certified under this Act
343-may advertise the availability of professional services in the
344-public media or on the premises where such professional
345-services are rendered as permitted by law, on the condition
346-that such advertising is truthful and not misleading and is in
347-conformity with rules promulgated by the Department.
348-Advertisements shall not include false, fraudulent, deceptive,
349-or misleading material or guarantees of success.
350-Advertisements shall also not include any offers of any gift
351-or item of value to attorneys or the attorneys' their staff or
352-any other persons or entities associated with any litigation.
353-
354-
355-(Source: P.A. 98-445, eff. 12-31-13.)
356-(225 ILCS 415/23) (from Ch. 111, par. 6223)
357-(Section scheduled to be repealed on January 1, 2025)
358-Sec. 23. Grounds for disciplinary action.
359-(a) The Department may refuse to issue or renew, or may
360-revoke, suspend, place on probation, reprimand, or take other
361-disciplinary or non-disciplinary action as the Department may
362-deem appropriate, including imposing fines not to exceed
363-$10,000 for each violation and the assessment of costs as
364-provided for in Section 23.3 of this Act, with regard to any
365-license for any one or combination of the following:
366-(1) Material misstatement in furnishing information to
367-the Department;
368-(2) Violations of this Act, or of the rules
369-promulgated thereunder;
370-(3) Conviction by plea of guilty or nolo contendere,
371-finding of guilt, jury verdict, or entry of judgment or by
372-sentencing of any crime, including, but not limited to,
373-convictions, preceding sentences of supervision,
374-conditional discharge, or first offender probation under
375-the laws of any jurisdiction of the United States: (i)
376-that is a felony or (ii) that is a misdemeanor, an
377-essential element of which is dishonesty, or that is
378-directly related to the practice of the profession;
379-(4) Fraud or any misrepresentation in applying for or
380-
381-
382-procuring a license under this Act or in connection with
383-applying for renewal of a license under this Act;
384-(5) Professional incompetence;
385-(6) Aiding or assisting another person, firm,
386-partnership, or corporation in violating any provision of
387-this Act or rules;
388-(7) Failing, within 60 days, to provide information in
389-response to a written request made by the Department;
390-(8) Engaging in dishonorable, unethical, or
391-unprofessional conduct of a character likely to deceive,
392-defraud, or harm the public;
393-(9) Habitual or excessive use or abuse of drugs
394-defined in law as controlled substances, alcohol, or any
395-other substances that results in the inability to practice
396-with reasonable judgment, skill, or safety;
397-(10) Discipline by another state, unit of government,
398-government agency, the District of Columbia, a territory,
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;
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
408-
409-
410-exceeds $100 total per year; for the purposes of this
411-Section, pro bono services, as defined by State law, are
412-permissible in any amount;
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.
798-INDEX Statutes amended in order of appearance INDEX Statutes amended in order of appearance
799-INDEX
800-Statutes amended in order of appearance
31+HB4426 Enrolled- 2 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 2 - LRB103 35695 AWJ 65771 b
32+ HB4426 Enrolled - 2 - LRB103 35695 AWJ 65771 b
33+1 The Structural Engineering Practice Act of 1989.
34+2 (Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19;
35+3 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff.
36+4 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357,
37+5 eff. 8-9-19; 102-558, eff. 8-20-21.)
38+6 Section 10. The Illinois Certified Shorthand Reporters Act
39+7 of 1984 is amended by changing Sections 4, 5, 6, 8, 10, 12.1,
40+8 14, 15, 16, 17, 19, 23, 23.1, 23.2, 23.4, 23.6, 23.7, 23.9,
41+9 23.15, 24, 26, and 26.1 and by adding Section 4.1 as follows:
42+10 (225 ILCS 415/4) (from Ch. 111, par. 6204)
43+11 (Section scheduled to be repealed on January 1, 2025)
44+12 Sec. 4. In this Act:
45+13 (1) "Department" means the Department of Financial and
46+14 Professional Regulation.
47+15 (2) "Secretary" means the Secretary of Financial and
48+16 Professional Regulation.
49+17 (3) "Board" means the Certified Shorthand Reporters Board
50+18 appointed by the Secretary.
51+19 (4) "The practice of shorthand reporting" means reporting,
52+20 by the use of any system of manual or mechanical shorthand
53+21 writing, of Grand Jury proceedings, court proceedings, court
54+22 related proceedings, pretrial examinations, depositions,
55+23 motions and related proceedings of like character, or
56+24 proceedings of an administrative agency when the final
80157
80258
80359
804-INDEX
805-Statutes amended in order of appearance
60+
61+
62+ HB4426 Enrolled - 2 - LRB103 35695 AWJ 65771 b
63+
64+
65+HB4426 Enrolled- 3 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 3 - LRB103 35695 AWJ 65771 b
66+ HB4426 Enrolled - 3 - LRB103 35695 AWJ 65771 b
67+1 decision of the agency with reference thereto is likely to be
68+2 subject to judicial review under the provisions of the
69+3 Administrative Review Law.
70+4 (5) "Shorthand reporter" means a person who is technically
71+5 qualified and certified under this Act to practice shorthand
72+6 reporting.
73+7 (6) "Stenographic notes" means the original notes by
74+8 manual or mechanical shorthand or shorthand writing taken by a
75+9 shorthand reporter of a proceeding while in attendance at such
76+10 proceeding for the purpose of reporting the same.
77+11 (7) "Address of record" means the designated address
78+12 recorded by the Department in the applicant's or licensee's
79+13 application file or license file as maintained by the
80+14 Department's licensure maintenance unit. It is the duty of the
81+15 applicant or licensee to inform the Department of any change
82+16 of address and those changes must be made either through the
83+17 Department's Internet website or by contacting the Department.
84+18 (8) "Email address of record" means the designated email
85+19 address recorded by the Department in the applicant's
86+20 application file or the licensee's license file, as maintained
87+21 by the Department's licensure maintenance unit.
88+22 (Source: P.A. 98-445, eff. 12-31-13.)
89+23 (225 ILCS 415/4.1 new)
90+24 Sec. 4.1. Address of record; email address of record. All
91+25 applicants and registrants shall:
92+
93+
94+
95+
96+
97+ HB4426 Enrolled - 3 - LRB103 35695 AWJ 65771 b
98+
99+
100+HB4426 Enrolled- 4 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 4 - LRB103 35695 AWJ 65771 b
101+ HB4426 Enrolled - 4 - LRB103 35695 AWJ 65771 b
102+1 (1) provide a valid address and email address to the
103+2 Department, which shall serve as the address of record and
104+3 email address of record, respectively, at the time of
105+4 application for licensure or renewal of a license; and
106+5 (2) inform the Department of any change of address of
107+6 record or email address of record within 14 days after
108+7 such change either through the Department's website or by
109+8 contacting the Department's licensure maintenance unit.
110+9 (225 ILCS 415/5) (from Ch. 111, par. 6205)
111+10 (Section scheduled to be repealed on January 1, 2025)
112+11 Sec. 5. Title. Every person to whom a valid existing
113+12 certificate as a certified shorthand reporter has been issued
114+13 under this Act shall be designated as a Certified Shorthand
115+14 Reporter and not otherwise, and any such certified shorthand
116+15 reporter may, in connection with the reporter's his or her
117+16 practice of shorthand reporting, use the abbreviation "C.S.R."
118+17 or the title "Court Reporter". No person other than the holder
119+18 of a valid existing certificate under this Act shall use the
120+19 title or designation of "Certified Shorthand Reporter", "Court
121+20 Reporter", or "C.S.R.", either directly or indirectly in
122+21 connection with that person's his or her profession or
123+22 business.
124+23 (Source: P.A. 90-49, eff. 7-3-97.)
125+24 (225 ILCS 415/6) (from Ch. 111, par. 6206)
126+
127+
128+
129+
130+
131+ HB4426 Enrolled - 4 - LRB103 35695 AWJ 65771 b
132+
133+
134+HB4426 Enrolled- 5 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 5 - LRB103 35695 AWJ 65771 b
135+ HB4426 Enrolled - 5 - LRB103 35695 AWJ 65771 b
136+1 (Section scheduled to be repealed on January 1, 2025)
137+2 Sec. 6. Restricted certificate. Upon receipt of a written
138+3 request from the Chief Judge of the reporter's circuit, the
139+4 Department shall, upon payment of the required fee, issue to
140+5 any reporter who has been appointed in counties of less than
141+6 1,000,000 in population, has been examined under the Court
142+7 Reporters Act, and has achieved an "A" proficiency rating, a
143+8 restricted certificate by which such official court reporter
144+9 may then lawfully engage in reporting only court proceedings
145+10 to which he may be assigned by the Chief Judge of the
146+11 reporter's his circuit may assign.
147+12 (Source: P.A. 98-445, eff. 12-31-13.)
148+13 (225 ILCS 415/8) (from Ch. 111, par. 6208)
149+14 (Section scheduled to be repealed on January 1, 2025)
150+15 Sec. 8. Certified Shorthand Reporters Board. The Secretary
151+16 shall appoint a Certified Shorthand Reporters Board as
152+17 follows: 7 persons who shall be appointed by and shall serve in
153+18 an advisory capacity to the Secretary. Six members must be
154+19 certified shorthand reporters, in good standing, and actively
155+20 engaged in the practice of shorthand reporting in this State
156+21 for 10 ten years, and one member must be a member of the public
157+22 who is not certified under this Act, or a similar Act of
158+23 another jurisdiction.
159+24 Members shall serve 4 year terms and until the members'
160+25 their successors are appointed and qualified. No member shall
161+
162+
163+
164+
165+
166+ HB4426 Enrolled - 5 - LRB103 35695 AWJ 65771 b
167+
168+
169+HB4426 Enrolled- 6 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 6 - LRB103 35695 AWJ 65771 b
170+ HB4426 Enrolled - 6 - LRB103 35695 AWJ 65771 b
171+1 be reappointed to the Board for a term that would cause the
172+2 member's his continuous service on the Board to be longer than
173+3 2 full consecutive terms. Appointments to fill vacancies shall
174+4 be made in the same manner as original appointments, for the
175+5 unexpired portion of the vacated term.
176+6 In making appointments to the Board, the Secretary shall
177+7 give consideration to recommendations by national and State
178+8 organizations of the shorthand reporter profession.
179+9 Four members of the Board shall constitute a quorum. A
180+10 quorum is required for all Board decisions.
181+11 The Secretary may remove or suspend any member of the
182+12 Board for cause at any time before the expiration of the
183+13 member's his or her term. The Secretary shall be the sole
184+14 arbiter of cause.
185+15 The Secretary shall consider the recommendations of the
186+16 Board on questions involving standards of professional
187+17 conduct, discipline, and qualifications of candidates and
188+18 certificate holders under this Act.
189+19 Members of the Board shall be reimbursed for all
190+20 legitimate, necessary, and authorized expenses incurred in
191+21 attending the meetings of the Board.
192+22 Members of the Board have no liability in any action based
193+23 upon any disciplinary proceedings or other activity performed
194+24 in good faith as members of the Board.
195+25 (Source: P.A. 98-445, eff. 12-31-13.)
196+
197+
198+
199+
200+
201+ HB4426 Enrolled - 6 - LRB103 35695 AWJ 65771 b
202+
203+
204+HB4426 Enrolled- 7 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 7 - LRB103 35695 AWJ 65771 b
205+ HB4426 Enrolled - 7 - LRB103 35695 AWJ 65771 b
206+1 (225 ILCS 415/10) (from Ch. 111, par. 6210)
207+2 (Section scheduled to be repealed on January 1, 2025)
208+3 Sec. 10. The Department shall authorize examinations at
209+4 such time and place as it may designate. The examination shall
210+5 be of a character to give a fair test of the qualifications of
211+6 the applicant to practice shorthand reporting.
212+7 Applicants for examination as certified shorthand
213+8 reporters shall be required to pay, either to the Department
214+9 or the designated testing service, a fee covering the cost of
215+10 providing the examination. Failure to appear for the
216+11 examination on the scheduled date, at the time and place
217+12 specified, after the applicant's application for examination
218+13 has been received and acknowledged by the Department or the
219+14 designated testing service, shall result in the forfeiture of
220+15 the examination fee.
221+16 If an applicant neglects, fails, or refuses to take the
222+17 next available examination offered or fails to pass an
223+18 examination for certification under this Act, the application
224+19 shall be denied. If an applicant for examination for
225+20 certification under this Act fails to pass the examination
226+21 within 3 years after filing an his application, the
227+22 application shall be denied. However, such applicant may
228+23 thereafter make a new application accompanied by the required
229+24 fee.
230+25 The Department may employ consultants for the purpose of
231+26 preparing and conducting examinations.
232+
233+
234+
235+
236+
237+ HB4426 Enrolled - 7 - LRB103 35695 AWJ 65771 b
238+
239+
240+HB4426 Enrolled- 8 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 8 - LRB103 35695 AWJ 65771 b
241+ HB4426 Enrolled - 8 - LRB103 35695 AWJ 65771 b
242+1 An applicant has one year from the date of notification of
243+2 successful completion of the examination to apply to the
244+3 Department for a license. If an applicant fails to apply
245+4 within one year, the applicant shall be required to take and
246+5 pass the examination again unless licensed in another
247+6 jurisdiction of the United States within one year of passing
248+7 the examination.
249+8 (Source: P.A. 98-445, eff. 12-31-13.)
250+9 (225 ILCS 415/12.1)
251+10 (Section scheduled to be repealed on January 1, 2025)
252+11 Sec. 12.1. Social Security Number or federal individual
253+12 taxpayer identification number on license application. In
254+13 addition to any other information required to be contained in
255+14 the application, every application for an original license
256+15 under this Act shall include the applicant's Social Security
257+16 Number or federal individual taxpayer identification number,
258+17 which shall be retained in the Department's records pertaining
259+18 to the license. As soon as practicable, the Department shall
260+19 assign a customer's identification number to each applicant
261+20 for a license. Every application for a renewal or restored
262+21 license shall require the applicant's customer identification
263+22 number.
264+23 (Source: P.A. 98-445, eff. 12-31-13.)
265+24 (225 ILCS 415/14) (from Ch. 111, par. 6214)
266+
267+
268+
269+
270+
271+ HB4426 Enrolled - 8 - LRB103 35695 AWJ 65771 b
272+
273+
274+HB4426 Enrolled- 9 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 9 - LRB103 35695 AWJ 65771 b
275+ HB4426 Enrolled - 9 - LRB103 35695 AWJ 65771 b
276+1 (Section scheduled to be repealed on January 1, 2025)
277+2 Sec. 14. Expiration, renewal, and military service. The
278+3 expiration date and renewal period for each certificate issued
279+4 under this Act shall be set by rule.
280+5 Any certified shorthand reporter who has permitted the
281+6 reporter's his certificate to expire or who has had the
282+7 reporter's his certificate on inactive status may have the his
283+8 certificate restored by making application to the Department,
284+9 filing proof acceptable to the Department of the reporter's
285+10 his fitness to have the his certificate restored and paying
286+11 the required restoration fee. The Department may consider a
287+12 certificate expired less than 5 years as prima facie evidence
288+13 that the applicant is fit. If a certificate has expired or has
289+14 been placed on inactive status and the applicant has practiced
290+15 in another jurisdiction during such period, satisfactory proof
291+16 of fitness may include sworn evidence certifying to active
292+17 practice in another jurisdiction.
293+18 If the certified shorthand reporter has not maintained an
294+19 active practice in another jurisdiction satisfactory to the
295+20 Department, the Department shall determine, by an evaluation
296+21 program established by rule, the reporter's his fitness to
297+22 resume active status and shall, by rule, establish procedures
298+23 and requirements for restoration.
299+24 However, any certified shorthand reporter whose
300+25 certificate expired while he was (1) in Federal Service on
301+26 active duty with the Armed Forces of the United States, while
302+
303+
304+
305+
306+
307+ HB4426 Enrolled - 9 - LRB103 35695 AWJ 65771 b
308+
309+
310+HB4426 Enrolled- 10 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 10 - LRB103 35695 AWJ 65771 b
311+ HB4426 Enrolled - 10 - LRB103 35695 AWJ 65771 b
312+1 or the State Militia called into service or training in the
313+2 State Militia, or while (2) in training or education under the
314+3 supervision of the United States preliminary to induction into
315+4 the military service, may have the his certificate renewed or
316+5 restored without paying any lapsed renewal fees if, within 2
317+6 years after termination of such service, training, or
318+7 education except under conditions other than honorable, the
319+8 Department is furnished with satisfactory evidence to the
320+9 effect that the certificate holder has been so engaged and
321+10 that the service, training, or education has been terminated
322+11 he furnished the Department with satisfactory evidence to the
323+12 effect that he has been so engaged and that his service,
324+13 training or education has been so terminated.
325+14 (Source: P.A. 98-445, eff. 12-31-13.)
326+15 (225 ILCS 415/15) (from Ch. 111, par. 6215)
327+16 (Section scheduled to be repealed on January 1, 2025)
328+17 Sec. 15. Inactive status. Any certified shorthand reporter
329+18 who notifies the Department in writing on forms prescribed by
330+19 the Department, may elect to place the reporter's his
331+20 certificate on an inactive status and shall, subject to rules
332+21 of the Department, be excused from payment of renewal fees
333+22 until he notifies the Department has been notified in writing
334+23 of the certificate holder's his desire to resume active
335+24 status.
336+25 Any certified shorthand reporter requesting restoration
337+
338+
339+
340+
341+
342+ HB4426 Enrolled - 10 - LRB103 35695 AWJ 65771 b
343+
344+
345+HB4426 Enrolled- 11 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 11 - LRB103 35695 AWJ 65771 b
346+ HB4426 Enrolled - 11 - LRB103 35695 AWJ 65771 b
347+1 from inactive status shall be required to pay the current
348+2 renewal fee and shall be required to restore the reporter's
349+3 his certificate, as provided in Section 14.
350+4 Any certified shorthand reporter whose certificate is in
351+5 an inactive status shall not practice shorthand reporting in
352+6 the State of Illinois.
353+7 (Source: P.A. 98-445, eff. 12-31-13.)
354+8 (225 ILCS 415/16) (from Ch. 111, par. 6216)
355+9 (Section scheduled to be repealed on January 1, 2025)
356+10 Sec. 16. Endorsement; licensure without examination. The
357+11 Department may certify as a certified shorthand reporter,
358+12 without examination, on payment of the required fee, an
359+13 applicant who is a certified shorthand reporter registered
360+14 under the laws of another jurisdiction, if the requirements
361+15 for certification of certified shorthand reporters in that
362+16 jurisdiction were, at the date of his certification,
363+17 substantially equivalent to the requirements in force in this
364+18 State on that date.
365+19 Applicants have 3 years from the date of application to
366+20 complete the application process. If the process has not been
367+21 completed in 3 years, the application shall be denied, the fee
368+22 forfeited, and the applicant must reapply and meet the
369+23 requirements in effect at the time of reapplication.
370+24 (Source: P.A. 98-445, eff. 12-31-13.)
371+
372+
373+
374+
375+
376+ HB4426 Enrolled - 11 - LRB103 35695 AWJ 65771 b
377+
378+
379+HB4426 Enrolled- 12 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 12 - LRB103 35695 AWJ 65771 b
380+ HB4426 Enrolled - 12 - LRB103 35695 AWJ 65771 b
381+1 (225 ILCS 415/17) (from Ch. 111, par. 6217)
382+2 (Section scheduled to be repealed on January 1, 2025)
383+3 Sec. 17. Fees; returned checks.
384+4 (a) The fees for the administration and enforcement of
385+5 this Act, including, but not limited to, original
386+6 certification, renewal, and restoration of a license issued
387+7 under this Act, shall be set by rule. The fees shall be
388+8 nonrefundable.
389+9 (b) All fees, fines, and penalties collected under this
390+10 Act shall be deposited into the General Professions Dedicated
391+11 Fund and shall be appropriated to the Department for the
392+12 ordinary and contingent expenses of the Department in the
393+13 administration of this Act.
394+14 (c) Any person who delivers a check or other payment to the
395+15 Department that is returned to the Department unpaid by the
396+16 financial institution upon which it is drawn shall pay to the
397+17 Department, in addition to the amount already owed to the
398+18 Department, a fine of $50. The fines imposed by this Section
399+19 are in addition to any other discipline provided under this
400+20 Act prohibiting unlicensed practice or practice on a
401+21 nonrenewed license. The Department shall notify the person
402+22 that payment of fees and fines shall be paid to the Department
403+23 by certified check or money order within 30 calendar days of
404+24 the notification. If, after the expiration of 30 days from the
405+25 date of the notification, the person has failed to submit the
406+26 necessary remittance, the Department shall automatically
407+
408+
409+
410+
411+
412+ HB4426 Enrolled - 12 - LRB103 35695 AWJ 65771 b
413+
414+
415+HB4426 Enrolled- 13 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 13 - LRB103 35695 AWJ 65771 b
416+ HB4426 Enrolled - 13 - LRB103 35695 AWJ 65771 b
417+1 terminate the license or certificate or deny the application,
418+2 without hearing. If, after termination or denial, the person
419+3 seeks a license or certificate, the person he or she shall
420+4 apply to the Department for restoration or issuance of the
421+5 license or certificate and pay all fees and fines due to the
422+6 Department. The Department may establish a fee for the
423+7 processing of an application for restoration of a license or
424+8 certificate to pay all expenses of processing this
425+9 application. The Secretary may waive the fines due under this
426+10 Section in individual cases where the Secretary finds that the
427+11 fines would be unreasonable or unnecessarily burdensome.
428+12 (Source: P.A. 98-445, eff. 12-31-13.)
429+13 (225 ILCS 415/19) (from Ch. 111, par. 6219)
430+14 (Section scheduled to be repealed on January 1, 2025)
431+15 Sec. 19. Advertising. Any person certified under this Act
432+16 may advertise the availability of professional services in the
433+17 public media or on the premises where such professional
434+18 services are rendered as permitted by law, on the condition
435+19 that such advertising is truthful and not misleading and is in
436+20 conformity with rules promulgated by the Department.
437+21 Advertisements shall not include false, fraudulent, deceptive,
438+22 or misleading material or guarantees of success.
439+23 Advertisements shall also not include any offers of any gift
440+24 or item of value to attorneys or the attorneys' their staff or
441+25 any other persons or entities associated with any litigation.
442+
443+
444+
445+
446+
447+ HB4426 Enrolled - 13 - LRB103 35695 AWJ 65771 b
448+
449+
450+HB4426 Enrolled- 14 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 14 - LRB103 35695 AWJ 65771 b
451+ HB4426 Enrolled - 14 - LRB103 35695 AWJ 65771 b
452+1 (Source: P.A. 98-445, eff. 12-31-13.)
453+2 (225 ILCS 415/23) (from Ch. 111, par. 6223)
454+3 (Section scheduled to be repealed on January 1, 2025)
455+4 Sec. 23. Grounds for disciplinary action.
456+5 (a) The Department may refuse to issue or renew, or may
457+6 revoke, suspend, place on probation, reprimand, or take other
458+7 disciplinary or non-disciplinary action as the Department may
459+8 deem appropriate, including imposing fines not to exceed
460+9 $10,000 for each violation and the assessment of costs as
461+10 provided for in Section 23.3 of this Act, with regard to any
462+11 license for any one or combination of the following:
463+12 (1) Material misstatement in furnishing information to
464+13 the Department;
465+14 (2) Violations of this Act, or of the rules
466+15 promulgated thereunder;
467+16 (3) Conviction by plea of guilty or nolo contendere,
468+17 finding of guilt, jury verdict, or entry of judgment or by
469+18 sentencing of any crime, including, but not limited to,
470+19 convictions, preceding sentences of supervision,
471+20 conditional discharge, or first offender probation under
472+21 the laws of any jurisdiction of the United States: (i)
473+22 that is a felony or (ii) that is a misdemeanor, an
474+23 essential element of which is dishonesty, or that is
475+24 directly related to the practice of the profession;
476+25 (4) Fraud or any misrepresentation in applying for or
477+
478+
479+
480+
481+
482+ HB4426 Enrolled - 14 - LRB103 35695 AWJ 65771 b
483+
484+
485+HB4426 Enrolled- 15 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 15 - LRB103 35695 AWJ 65771 b
486+ HB4426 Enrolled - 15 - LRB103 35695 AWJ 65771 b
487+1 procuring a license under this Act or in connection with
488+2 applying for renewal of a license under this Act;
489+3 (5) Professional incompetence;
490+4 (6) Aiding or assisting another person, firm,
491+5 partnership, or corporation in violating any provision of
492+6 this Act or rules;
493+7 (7) Failing, within 60 days, to provide information in
494+8 response to a written request made by the Department;
495+9 (8) Engaging in dishonorable, unethical, or
496+10 unprofessional conduct of a character likely to deceive,
497+11 defraud, or harm the public;
498+12 (9) Habitual or excessive use or abuse of drugs
499+13 defined in law as controlled substances, alcohol, or any
500+14 other substances that results in the inability to practice
501+15 with reasonable judgment, skill, or safety;
502+16 (10) Discipline by another state, unit of government,
503+17 government agency, the District of Columbia, a territory,
504+18 or foreign nation, if at least one of the grounds for the
505+19 discipline is the same or substantially equivalent to
506+20 those set forth herein;
507+21 (11) Charging for professional services not rendered,
508+22 including filing false statements for the collection of
509+23 fees for which services were not rendered, or giving,
510+24 directly or indirectly, any gift or anything of value to
511+25 attorneys or the attorneys' their staff or any other
512+26 persons or entities associated with any litigation, that
513+
514+
515+
516+
517+
518+ HB4426 Enrolled - 15 - LRB103 35695 AWJ 65771 b
519+
520+
521+HB4426 Enrolled- 16 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 16 - LRB103 35695 AWJ 65771 b
522+ HB4426 Enrolled - 16 - LRB103 35695 AWJ 65771 b
523+1 exceeds $100 total per year; for the purposes of this
524+2 Section, pro bono services, as defined by State law, are
525+3 permissible in any amount;
526+4 (12) A finding by the Board that the certificate
527+5 holder, after having the his certificate placed on
528+6 probationary status, has violated the terms of probation;
529+7 (13) Willfully making or filing false records or
530+8 reports in the practice of shorthand reporting, including,
531+9 but not limited to, false records filed with State
532+10 agencies or departments;
533+11 (14) Physical illness, including, but not limited to,
534+12 deterioration through the aging process, or loss of motor
535+13 skill which results in the inability to practice under
536+14 this Act with reasonable judgment, skill, or safety;
537+15 (15) Solicitation of professional services other than
538+16 by permitted advertising;
539+17 (16) Willful failure to take full and accurate
540+18 stenographic notes of any proceeding;
541+19 (17) Willful alteration of any stenographic notes
542+20 taken at any proceeding;
543+21 (18) Willful failure to accurately transcribe verbatim
544+22 any stenographic notes taken at any proceeding;
545+23 (19) Willful alteration of a transcript of
546+24 stenographic notes taken at any proceeding;
547+25 (20) Affixing one's signature to any transcript of his
548+26 stenographic notes or certifying to its correctness unless
549+
550+
551+
552+
553+
554+ HB4426 Enrolled - 16 - LRB103 35695 AWJ 65771 b
555+
556+
557+HB4426 Enrolled- 17 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 17 - LRB103 35695 AWJ 65771 b
558+ HB4426 Enrolled - 17 - LRB103 35695 AWJ 65771 b
559+1 the transcript has been prepared by the stenographer him
560+2 or under the stenographer's his immediate supervision;
561+3 (21) Willful failure to systematically retain
562+4 stenographic notes or transcripts on paper or any
563+5 electronic media for 10 years from the date that the notes
564+6 or transcripts were taken;
565+7 (22) Failure to deliver transcripts in a timely manner
566+8 or in accordance with contractual agreements;
567+9 (23) Establishing contingent fees as a basis of
568+10 compensation;
569+11 (24) Mental illness or disability that results in the
570+12 inability to practice under this Act with reasonable
571+13 judgment, skill, or safety;
572+14 (25) Practicing under a false or assumed name, except
573+15 as provided by law;
574+16 (26) Cheating on or attempting to subvert the
575+17 licensing examination administered under this Act;
576+18 (27) Allowing one's license under this Act to be used
577+19 by an unlicensed person in violation of this Act.
578+20 All fines imposed under this Section shall be paid within
579+21 60 days after the effective date of the order imposing the fine
580+22 or in accordance with the terms set forth in the order imposing
581+23 the fine.
582+24 (b) The determination by a circuit court that a
583+25 certificate holder is subject to involuntary admission or
584+26 judicial admission as provided in the Mental Health and
585+
586+
587+
588+
589+
590+ HB4426 Enrolled - 17 - LRB103 35695 AWJ 65771 b
591+
592+
593+HB4426 Enrolled- 18 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 18 - LRB103 35695 AWJ 65771 b
594+ HB4426 Enrolled - 18 - LRB103 35695 AWJ 65771 b
595+1 Developmental Disabilities Code, operates as an automatic
596+2 suspension. Such suspension will end only upon a finding by a
597+3 court that the patient is no longer subject to involuntary
598+4 admission or judicial admission, an order by the court so
599+5 finding and discharging the patient. In any case where a
600+6 license is suspended under this Section, the licensee may file
601+7 a petition for restoration and shall include evidence
602+8 acceptable to the Department that the licensee can resume
603+9 practice in compliance with acceptable and prevailing
604+10 standards of the profession.
605+11 (c) In cases where the Department of Healthcare and Family
606+12 Services has previously determined a licensee or a potential
607+13 licensee is more than 30 days delinquent in the payment of
608+14 child support and has subsequently certified the delinquency
609+15 to the Department, the Department may refuse to issue or renew
610+16 or may revoke or suspend that person's license or may take
611+17 other disciplinary action against that person based solely
612+18 upon the certification of delinquency made by the Department
613+19 of Healthcare and Family Services in accordance with item (5)
614+20 of subsection (a) of Section 2105-15 of the Civil
615+21 Administrative Code of Illinois.
616+22 (d) In enforcing this Section, the Department, upon a
617+23 showing of a possible violation, may compel any individual who
618+24 is certified under this Act or any individual who has applied
619+25 for certification under this Act to submit to a mental or
620+26 physical examination and evaluation, or both, which may
621+
622+
623+
624+
625+
626+ HB4426 Enrolled - 18 - LRB103 35695 AWJ 65771 b
627+
628+
629+HB4426 Enrolled- 19 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 19 - LRB103 35695 AWJ 65771 b
630+ HB4426 Enrolled - 19 - LRB103 35695 AWJ 65771 b
631+1 include a substance abuse or sexual offender evaluation, at
632+2 the expense of the Department. The Department shall
633+3 specifically designate the examining physician licensed to
634+4 practice medicine in all of its branches or, if applicable,
635+5 the multidisciplinary team involved in providing the mental or
636+6 physical examination and evaluation, or both. The
637+7 multidisciplinary team shall be led by a physician licensed to
638+8 practice medicine in all of its branches and may consist of one
639+9 or more or a combination of physicians licensed to practice
640+10 medicine in all of its branches, licensed chiropractic
641+11 physicians, licensed clinical psychologists, licensed clinical
642+12 social workers, licensed clinical professional counselors, and
643+13 other professional and administrative staff. Any examining
644+14 physician or member of the multidisciplinary team may require
645+15 any person ordered to submit to an examination and evaluation
646+16 pursuant to this Section to submit to any additional
647+17 supplemental testing deemed necessary to complete any
648+18 examination or evaluation process, including, but not limited
649+19 to, blood testing, urinalysis, psychological testing, or
650+20 neuropsychological testing.
651+21 The Department may order the examining physician or any
652+22 member of the multidisciplinary team to provide to the
653+23 Department any and all records, including business records,
654+24 that relate to the examination and evaluation, including any
655+25 supplemental testing performed. The Department may order the
656+26 examining physician or any member of the multidisciplinary
657+
658+
659+
660+
661+
662+ HB4426 Enrolled - 19 - LRB103 35695 AWJ 65771 b
663+
664+
665+HB4426 Enrolled- 20 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 20 - LRB103 35695 AWJ 65771 b
666+ HB4426 Enrolled - 20 - LRB103 35695 AWJ 65771 b
667+1 team to present testimony concerning this examination and
668+2 evaluation of the certified shorthand reporter or applicant,
669+3 including testimony concerning any supplemental testing or
670+4 documents relating to the examination and evaluation. No
671+5 information, report, record, or other documents in any way
672+6 related to the examination and evaluation shall be excluded by
673+7 reason of any common law or statutory privilege relating to
674+8 communication between the licensee or applicant and the
675+9 examining physician or any member of the multidisciplinary
676+10 team. No authorization is necessary from the certified
677+11 shorthand reporter or applicant ordered to undergo an
678+12 evaluation and examination for the examining physician or any
679+13 member of the multidisciplinary team to provide information,
680+14 reports, records, or other documents or to provide any
681+15 testimony regarding the examination and evaluation. The
682+16 individual to be examined may have, at that individual's his
683+17 or her own expense, another physician of the individual's his
684+18 or her choice present during all aspects of the examination.
685+19 Failure of any individual to submit to mental or physical
686+20 examination and evaluation, or both, when directed, shall
687+21 result in an automatic suspension, without hearing, until such
688+22 time as the individual submits to the examination. If the
689+23 Department finds a certified shorthand reporter unable to
690+24 practice because of the reasons set forth in this Section, the
691+25 Department shall require the certified shorthand reporter to
692+26 submit to care, counseling, or treatment by physicians
693+
694+
695+
696+
697+
698+ HB4426 Enrolled - 20 - LRB103 35695 AWJ 65771 b
699+
700+
701+HB4426 Enrolled- 21 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 21 - LRB103 35695 AWJ 65771 b
702+ HB4426 Enrolled - 21 - LRB103 35695 AWJ 65771 b
703+1 approved or designated by the Department, as a condition for
704+2 continued, reinstated, or renewed certification.
705+3 When the Secretary immediately suspends a certificate
706+4 under this Section, a hearing upon the person's certificate
707+5 must be convened by the Department within 15 days after the
708+6 suspension and completed without appreciable delay. The
709+7 Department shall have the authority to review the certified
710+8 shorthand reporter's record of treatment and counseling
711+9 regarding the impairment, to the extent permitted by
712+10 applicable federal statutes and regulations safeguarding the
713+11 confidentiality of medical records.
714+12 An individual Individuals certified under this Act,
715+13 affected under this Section, shall be afforded an opportunity
716+14 to demonstrate to the Department that they can resume practice
717+15 in compliance with acceptable and prevailing standards under
718+16 the provisions of the individual's their certification.
719+17 (e) (Blank).
720+18 (f) The Department may refuse to issue or may suspend
721+19 without hearing, as provided for in the Code of Civil
722+20 Procedure, the license of any person who fails to file a
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
728+26 with subsection (g) of Section 2105-15 of the Civil
729+
730+
731+
732+
733+
734+ HB4426 Enrolled - 21 - LRB103 35695 AWJ 65771 b
735+
736+
737+HB4426 Enrolled- 22 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 22 - LRB103 35695 AWJ 65771 b
738+ HB4426 Enrolled - 22 - LRB103 35695 AWJ 65771 b
739+1 Administrative Code of Illinois.
740+2 (Source: P.A. 100-872, eff. 8-14-18.)
741+3 (225 ILCS 415/23.1) (from Ch. 111, par. 6224)
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
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
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
751+13 court, the court may issue a temporary restraining order,
752+14 without notice or bond, and may preliminarily and permanently
753+15 enjoin such violation. If it is established that such person
754+16 has violated or is violating the injunction, the court may
755+17 punish the offender for contempt of court. Proceedings under
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.
758+20 (b) If any person practices as a certified shorthand
759+21 reporter or holds oneself himself or herself out as a
760+22 certified shorthand reporter without being licensed under the
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+
765+
766+
767+
768+
769+ HB4426 Enrolled - 22 - LRB103 35695 AWJ 65771 b
770+
771+
772+HB4426 Enrolled- 23 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 23 - LRB103 35695 AWJ 65771 b
773+ HB4426 Enrolled - 23 - LRB103 35695 AWJ 65771 b
774+1 subsection (a).
775+2 (c) Whenever in the opinion of the Department any person
776+3 violates any provision of this Act, the Department may issue a
777+4 rule to show cause why an order to cease and desist should not
778+5 be entered against that individual. The rule shall clearly set
779+6 forth the grounds relied upon by the Department and shall
780+7 provide a period of 7 days from the date of the rule to file an
781+8 answer to the satisfaction of the Department. Failure to
782+9 answer to the satisfaction of the Department shall cause an
783+10 order to cease and desist to be issued forthwith.
784+11 (Source: P.A. 98-445, eff. 12-31-13.)
785+12 (225 ILCS 415/23.2) (from Ch. 111, par. 6225)
786+13 (Section scheduled to be repealed on January 1, 2025)
787+14 Sec. 23.2. Investigations; notice and hearing. The
788+15 Department may investigate the actions of any applicant or of
789+16 any person or persons holding or claiming to hold a
790+17 certificate. The Department shall, before refusing to issue or
791+18 renew, or taking disciplinary action against, a certificate,
792+19 at least 30 days prior to the date set for the hearing, notify
793+20 in writing the applicant for, or holder of, a certificate of
794+21 the nature of the charges and the time and place for a hearing
795+22 on the charges. The Department shall direct the applicant or
796+23 licensee to file a written answer to the charges with the Board
797+24 under oath within 20 days after the service of the notice and
798+25 inform the applicant or licensee that failure to file an
799+
800+
801+
802+
803+
804+ HB4426 Enrolled - 23 - LRB103 35695 AWJ 65771 b
805+
806+
807+HB4426 Enrolled- 24 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 24 - LRB103 35695 AWJ 65771 b
808+ HB4426 Enrolled - 24 - LRB103 35695 AWJ 65771 b
809+1 answer will result in default being taken against the
810+2 applicant or licensee. At the time and place fixed in the
811+3 notice, the Department shall proceed to hear the charges and
812+4 the parties or the parties' their counsel shall be accorded
813+5 ample opportunity to present any pertinent statements,
814+6 testimony, evidence, and arguments. The Department may
815+7 continue the hearing from time to time. In case the person,
816+8 after receiving the notice, fails to file an answer, the his or
817+9 her license may, in the discretion of the Department, be
818+10 revoked, suspended, or placed on probationary status or the
819+11 Department may take whatever disciplinary action considered
820+12 proper, including limiting the scope, nature, or extent of the
821+13 person's practice or the imposition of a fine, without a
822+14 hearing, if the act or acts charged constitute sufficient
823+15 grounds for that action under this Act. The written notice and
824+16 any notice in the subsequent proceeding may be served by
825+17 regular registered or certified mail to the licensee's address
826+18 of record or by electronic mail to the licensee's email
827+19 address of record.
828+20 (Source: P.A. 98-445, eff. 12-31-13.)
829+21 (225 ILCS 415/23.4) (from Ch. 111, par. 6227)
830+22 (Section scheduled to be repealed on January 1, 2025)
831+23 Sec. 23.4. Subpoenas; oaths. The Department may subpoena
832+24 and bring before it any person and to take the oral or written
833+25 testimony or compel the production of any books, papers,
834+
835+
836+
837+
838+
839+ HB4426 Enrolled - 24 - LRB103 35695 AWJ 65771 b
840+
841+
842+HB4426 Enrolled- 25 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 25 - LRB103 35695 AWJ 65771 b
843+ HB4426 Enrolled - 25 - LRB103 35695 AWJ 65771 b
844+1 records, or any other documents that the Secretary or the
845+2 Secretary's his or her designee deems relevant or material to
846+3 an investigation or hearing conducted by the Department with
847+4 the same fees and mileage and in the same manner as prescribed
848+5 by law in judicial procedure in civil cases in courts of this
849+6 State.
850+7 The Secretary, the designated hearing officer, any member
851+8 of the Board, or a certified shorthand court reporter may have
852+9 power to administer oaths at any hearing which the Department
853+10 conducts. Notwithstanding any other statute or Department rule
854+11 to the contrary, all requests for testimony and production of
855+12 documents or records shall be in accordance with this Act.
856+13 (Source: P.A. 98-445, eff. 12-31-13.)
857+14 (225 ILCS 415/23.6) (from Ch. 111, par. 6229)
858+15 (Section scheduled to be repealed on January 1, 2025)
859+16 Sec. 23.6. Board report. At the conclusion of the hearing
860+17 the Board shall present to the Secretary a written report of
861+18 its findings of fact, conclusions of law, and recommendations.
862+19 The report shall contain a finding whether or not the accused
863+20 person violated this Act or failed to comply with the
864+21 conditions required in this Act. The Board shall specify the
865+22 nature of the violation or failure to comply, and shall make
866+23 its recommendations to the Secretary. The report of findings
867+24 of fact, conclusions of law, and recommendations of the Board
868+25 shall be the basis for the Secretary's Department's action
869+
870+
871+
872+
873+
874+ HB4426 Enrolled - 25 - LRB103 35695 AWJ 65771 b
875+
876+
877+HB4426 Enrolled- 26 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 26 - LRB103 35695 AWJ 65771 b
878+ HB4426 Enrolled - 26 - LRB103 35695 AWJ 65771 b
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
881+3 an order in contravention thereof. The finding is not
882+4 admissible in evidence against the person in a criminal
883+5 prosecution brought for the violation of this Act, but the
884+6 hearing and findings are not a bar to a criminal prosecution
885+7 brought for the violation of this Act.
886+8 (Source: P.A. 98-445, eff. 12-31-13.)
887+9 (225 ILCS 415/23.7) (from Ch. 111, par. 6230)
888+10 (Section scheduled to be repealed on January 1, 2025)
889+11 Sec. 23.7. Motion for rehearing. In any hearing involving
890+12 the refusal to issue or renew, or the taking of disciplinary
891+13 action against, a certificate, a copy of the Board's report
892+14 shall be served upon the respondent by the Department as
893+15 provided in this Act for the service of the notice of hearing.
894+16 Within 20 days after such service, the respondent may present
895+17 to the Secretary Department a motion in writing for a
896+18 rehearing, which motion shall specify the particular grounds
897+19 therefor. If no motion for rehearing is filed, then upon the
898+20 expiration of the time specified for filing such a motion, or
899+21 if a motion for rehearing is denied, then upon such denial the
900+22 Secretary may enter an order in accordance with
901+23 recommendations of the Board except as provided in Section
902+24 23.6. If the respondent shall order from the reporting
903+25 service, and pay for a transcript of the record within the time
904+
905+
906+
907+
908+
909+ HB4426 Enrolled - 26 - LRB103 35695 AWJ 65771 b
910+
911+
912+HB4426 Enrolled- 27 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 27 - LRB103 35695 AWJ 65771 b
913+ HB4426 Enrolled - 27 - LRB103 35695 AWJ 65771 b
914+1 for filing a motion for rehearing, the 20 day period within
915+2 which such a motion may be filed shall commence upon the
916+3 delivery of the transcript to the respondent.
917+4 (Source: P.A. 98-445, eff. 12-31-13.)
918+5 (225 ILCS 415/23.9) (from Ch. 111, par. 6232)
919+6 (Section scheduled to be repealed on January 1, 2025)
920+7 Sec. 23.9. Hearing officers, reports, and review. The
921+8 Secretary shall have the authority to appoint any attorney
922+9 duly licensed to practice law in the State of Illinois to serve
923+10 as the hearing officer in any action involving a refusal to
924+11 issue or renew, or the taking of disciplinary action against a
925+12 certificate. The hearing officer shall have full authority to
926+13 conduct the hearing. The hearing officer shall report the
927+14 hearing officer's his or her findings of fact, conclusions of
928+15 law, and recommendations to the Board and the Secretary. The
929+16 Board shall have 60 days from receipt of the report to review
930+17 the report of the hearing officer and present the Board's
931+18 their findings of fact, conclusions of law, and
932+19 recommendations to the Secretary. If the Board fails to
933+20 present its report within the 60 day period, the Secretary may
934+21 issue an order based on the report of the hearing officer. If
935+22 the Secretary disagrees with the report of the Board or
936+23 hearing officer, the Secretary he may issue an order in
937+24 contravention thereof.
938+25 (Source: P.A. 98-445, eff. 12-31-13.)
939+
940+
941+
942+
943+
944+ HB4426 Enrolled - 27 - LRB103 35695 AWJ 65771 b
945+
946+
947+HB4426 Enrolled- 28 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 28 - LRB103 35695 AWJ 65771 b
948+ HB4426 Enrolled - 28 - LRB103 35695 AWJ 65771 b
949+1 (225 ILCS 415/23.15) (from Ch. 111, par. 6238)
950+2 (Section scheduled to be repealed on January 1, 2025)
951+3 Sec. 23.15. Certification of record; receipt. The
952+4 Department shall not be required to certify any record to the
953+5 court or file any answer in court or otherwise appear in any
954+6 court in a judicial review proceeding, unless and until the
955+7 Department has received from the plaintiff payment of the
956+8 costs of furnishing and certifying the record, which costs
957+9 shall be determined by the Department. Exhibits shall be
958+10 certified without cost. Failure on the part of the plaintiff
959+11 to file a receipt in court shall be grounds for dismissal of
960+12 the action.
961+13 (Source: P.A. 98-445, eff. 12-31-13.)
962+14 (225 ILCS 415/24) (from Ch. 111, par. 6240)
963+15 (Section scheduled to be repealed on January 1, 2025)
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
968+20 subsection (d) of Section 10-65 of the Illinois Administrative
969+21 Procedure Act that provides that at hearings the certificate
970+22 holder has the right to show compliance with all lawful
971+23 requirements for retention, continuation
972+ , or renewal of
973+24 certification is specifically excluded. For the purpose of
974+
975+
976+
977+
978+
979+ HB4426 Enrolled - 28 - LRB103 35695 AWJ 65771 b
980+
981+
982+HB4426 Enrolled- 29 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 29 - LRB103 35695 AWJ 65771 b
983+ HB4426 Enrolled - 29 - LRB103 35695 AWJ 65771 b
984+1 this Act the notice required under Section 10-25 of the
985+2 Illinois Administrative Procedure Act is deemed sufficient
986+3 when mailed to the last known address of record or email
987+4 address of record.
988+5 (Source: P.A. 98-445, eff. 12-31-13.)
989+6 (225 ILCS 415/26) (from Ch. 111, par. 6242)
990+7 (Section scheduled to be repealed on January 1, 2025)
991+8 Sec. 26. Every shorthand reporter shall print the
992+9 reporter's his or her name and license or restricted license
993+10 number on each transcript reported.
994+11 (Source: P.A. 87-481; 87-576.)
995+12 (225 ILCS 415/26.1)
996+13 (Section scheduled to be repealed on January 1, 2025)
997+14 Sec. 26.1. Responsibility for notes. It is the licensee's
998+15 responsibility to preserve the licensee's his or her shorthand
999+16 notes for a period of no less than 10 years from the date that
1000+17 the notes or transcripts were taken, except as otherwise
1001+18 prescribed by law, through storage of the original paper notes
1002+19 or an electronic copy of either the shorthand notes or the
1003+20 English transcript of the notes on computer disks, cassettes,
1004+21 backup tape systems, optical or laser disk systems, or other
1005+22 retrieval systems available at the time that the notes or
1006+23 transcripts were taken.
1007+24 (Source: P.A. 98-445, eff. 12-31-13.)
1008+
1009+
1010+
1011+
1012+
1013+ HB4426 Enrolled - 29 - LRB103 35695 AWJ 65771 b
1014+
1015+
1016+HB4426 Enrolled- 30 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 30 - LRB103 35695 AWJ 65771 b
1017+ HB4426 Enrolled - 30 - LRB103 35695 AWJ 65771 b
1018+1 (225 ILCS 415/18 rep.)
1019+2 Section 15. The Illinois Certified Shorthand Reporters Act
1020+3 of 1984 is amended by repealing Section 18.
1021+4 Section 99. Effective date. This Act takes effect upon
1022+5 becoming law.
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
1024+HB4426 Enrolled- 31 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 31 - LRB103 35695 AWJ 65771 b
1025+ HB4426 Enrolled - 31 - LRB103 35695 AWJ 65771 b
1026+1 INDEX
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
1032+7 225 ILCS 415/5 from Ch. 111, par. 6205
1033+8 225 ILCS 415/6 from Ch. 111, par. 6206
1034+9 225 ILCS 415/8 from Ch. 111, par. 6208
1035+10 225 ILCS 415/10 from Ch. 111, par. 6210
1036+11 225 ILCS 415/12.1
1037+12 225 ILCS 415/14 from Ch. 111, par. 6214
1038+13 225 ILCS 415/15 from Ch. 111, par. 6215
1039+14 225 ILCS 415/16 from Ch. 111, par. 6216
1040+15 225 ILCS 415/17 from Ch. 111, par. 6217
1041+16 225 ILCS 415/19 from Ch. 111, par. 6219
1042+17 225 ILCS 415/23 from Ch. 111, par. 6223
1043+18 225 ILCS 415/23.1 from Ch. 111, par. 6224
1044+19 225 ILCS 415/23.2 from Ch. 111, par. 6225
1045+20 225 ILCS 415/23.4 from Ch. 111, par. 6227
1046+21 225 ILCS 415/23.6 from Ch. 111, par. 6229
1047+22 225 ILCS 415/23.7 from Ch. 111, par. 6230
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
1051+HB4426 Enrolled- 32 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 32 - LRB103 35695 AWJ 65771 b
1052+ HB4426 Enrolled - 32 - LRB103 35695 AWJ 65771 b
1053+
1054+
1055+
1056+
1057+
1058+ HB4426 Enrolled - 30 - LRB103 35695 AWJ 65771 b
1059+
1060+
1061+
1062+HB4426 Enrolled- 31 -LRB103 35695 AWJ 65771 b HB4426 Enrolled - 31 - LRB103 35695 AWJ 65771 b
1063+ HB4426 Enrolled - 31 - LRB103 35695 AWJ 65771 b
1064+1 INDEX
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
1085+22 225 ILCS 415/23.7 from Ch. 111, par. 6230
1086+23 225 ILCS 415/23.9 from Ch. 111, par. 6232
1087+24 225 ILCS 415/23.15 from Ch. 111, par. 6238
1088+25 225 ILCS 415/24 from Ch. 111, par. 6240
1089+
1090+
1091+
1092+
1093+
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