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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Regulatory Sunset Act is amended by changing
5		Section 4.26 and by adding Section 4.36 as follows:
6		(5 ILCS 80/4.26)
7		Sec. 4.26. Acts repealed on January 1, 2016. The following
8		Acts are repealed on January 1, 2016:
9		The Illinois Athletic Trainers Practice Act.
10		The Illinois Roofing Industry Licensing Act.
11		The Illinois Dental Practice Act.
12		The Collection Agency Act.
13		The Barber, Cosmetology, Esthetics, Hair Braiding, and
14		Nail Technology Act of 1985.
15		The Respiratory Care Practice Act.
16		The Hearing Instrument Consumer Protection Act.
17		The Illinois Physical Therapy Act.
18		The Professional Geologist Licensing Act.
19		(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
20		96-1246, eff. 1-1-11.)
21		(5 ILCS 80/4.36 new)
22		Sec. 4.36. Act repealed on January 1, 2026. The following

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1		Act is repealed on January 1, 2026:
2		The Illinois Roofing Industry Licensing Act.
3		Section 10. The Illinois Roofing Industry Licensing Act is
4		amended by changing Sections 2, 2.1, 3, 3.5, 4.5, 5, 5.1, 5.5,
5		6, 7, 9, 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9a, 9.10,
6		9.14, 9.15, 10, 10a, 11 and 11.5, and by adding Sections 11.6,
7		11.7, 11.8, 11.9, and 11.10 as follows:
8		(225 ILCS 335/2) (from Ch. 111, par. 7502)
9		(Section scheduled to be repealed on January 1, 2016)
10		Sec. 2. Definitions. As used in this Act, unless the
11		context otherwise requires:
12		(a) "Licensure" means the act of obtaining or holding a
13		license issued by the Department as provided in this Act.
14		(b) "Department" means the Department of Financial and
15		Professional Regulation.
16		(c) "Secretary Director" means the Secretary Director of
17		Financial and Professional Regulation.
18		(d) "Person" means any individual, partnership,
19		corporation, business trust, limited liability company, or
20		other legal entity.
21		(e) "Roofing contractor" is one who has the experience,
22		knowledge and skill to construct, reconstruct, alter, maintain
23		and repair roofs and use materials and items used in the
24		construction, reconstruction, alteration, maintenance and

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1		repair of all kinds of roofing and waterproofing as related to
2		roofing, all in such manner to comply with all plans,
3		specifications, codes, laws, and regulations applicable
4		thereto, but does not include such contractor's employees to
5		the extent the requirements of Section 3 of this Act apply and
6		extend to such employees.
7		(f) "Board" means the Roofing Advisory Board.
8		(g) "Qualifying party" means the individual filing as a
9		sole proprietor, partner of a partnership, officer of a
10		corporation, trustee of a business trust, or party of another
11		legal entity, who is legally qualified to act for the business
12		organization in all matters connected with its roofing
13		contracting business, has the authority to supervise roofing
14		installation operations, and is actively engaged in day to day
15		activities of the business organization.
16		"Qualifying party" does not apply to a seller of roofing
17		materials or services when the construction, reconstruction,
18		alteration, maintenance, or repair of roofing or waterproofing
19		is to be performed by a person other than the seller or the
20		seller's employees.
21		(h) "Limited roofing license" means a license made
22		available to contractors whose roofing business is limited to
23		roofing residential properties consisting of 8 units or less.
24		(i) "Unlimited roofing license" means a license made
25		available to contractors whose roofing business is unlimited in
26		nature and includes roofing on residential, commercial, and

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1		industrial properties.
2		(j) "Seller of services or materials" means a business
3		entity primarily engaged in the sale of tangible personal
4		property at retail.
5		(k) "Building permit" means a permit issued by a unit of
6		local government for work performed within the local
7		government's jurisdiction that requires a license under this
8		Act.
9		(l) "Address of record" means the designated address
10		recorded by the Department in the applicant's or licensee's
11		application file or license file as maintained by the
12		Department's licensure maintenance unit. It is the duty of the
13		applicant or licensee to inform the Department of any change of
14		address, and those changes must be made either through the
15		Department's website or by contacting the Department.
16		(Source: P.A. 96-624, eff. 1-1-10; 97-965, eff. 8-15-12.)
17		(225 ILCS 335/2.1) (from Ch. 111, par. 7502.1)
18		(Section scheduled to be repealed on January 1, 2016)
19		Sec. 2.1. Administration of Act; rules and forms. The
20		Department may exercise the following powers and duties subject
21		to the provisions of this Act:
22		(a) The Department shall exercise the powers and duties
23		prescribed by the Civil Administrative Code of Illinois for the
24		administration of licensing Acts and shall exercise such other
25		powers and duties necessary for effectuating the purposes of

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1		this Act To prescribe forms of application for certificates of
2		registration.
3		(b) The Secretary may adopt rules consistent with the
4		provisions of this Act for the administration and enforcement
5		of this Act and for the payment of fees connected with this Act
6		and may prescribe forms that shall be issued in connection with
7		this Act. The rules may include, but not be limited to, the
8		standards and criteria for licensure and professional conduct
9		and discipline and the standards and criteria used when
10		determining fitness to practice. The Department may consult
11		with the Board in adopting rules To pass upon the
12		qualifications of applicants for certificates of registration
13		and issue certificates of registration to those found to be fit
14		and qualified.
15		(c) The Department may, at any time, seek the advice and
16		the expert knowledge of the Board on any matter relating to the
17		administration of this Act To conduct hearings on proceedings
18		to revoke, suspend or otherwise discipline or to refuse to
19		issue or renew certificates of registration.
20		(d) (Blank) To formulate rules and regulations when
21		required for the administration and enforcement of this Act.
22		(Source: P.A. 89-387, eff. 1-1-96.)
23		(225 ILCS 335/3) (from Ch. 111, par. 7503)
24		(Section scheduled to be repealed on January 1, 2016)
25		Sec. 3. Application for license.

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1		(1) To obtain a license, an applicant must indicate if the
2		license is sought for a sole proprietorship, partnership,
3		corporation, business trust, or other legal entity and whether
4		the application is for a limited or unlimited roofing license.
5		If the license is sought for a sole proprietorship, the license
6		shall be issued to the sole proprietor who shall also be
7		designated as the qualifying party. If the license is sought
8		for a partnership, corporation, business trust, or other legal
9		entity, the license shall be issued in the company name. A
10		company must designate one individual who will serve as a
11		qualifying party. The qualifying party is the individual who
12		must take the examination required under Section 3.5. The
13		company shall submit an application in writing to the
14		Department on a form containing the information prescribed by
15		the Department and accompanied by the fee fixed by the
16		Department. The application shall include, but shall not be
17		limited to:
18		(a) the name and address of the person designated as
19		the qualifying party responsible for the practice of
20		professional roofing in Illinois;
21		(b) the name of the sole proprietorship and its sole
22		proprietor, the name of the partnership and its partners,
23		the name of the corporation and its officers, shareholders,
24		and directors, the name of the business trust and its
25		trustees, or the name of such other legal entity and its
26		members;

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1		(c) evidence of compliance with any statutory
2		requirements pertaining to such legal entity, including
3		compliance with the Assumed Business Name Act; and any laws
4		pertaining to the use of fictitious names, if a fictitious
5		name is used; if the business is a sole proprietorship and
6		doing business under a name other than that of the
7		individual proprietor, the individual proprietor must list
8		all business names used for that proprietorship.
9		(d) a signed irrevocable uniform consent to service of
10		process form provided by the Department.
11		(1.5) (Blank). A certificate issued by the Department
12		before the effective date of this amendatory Act of the 91st
13		General Assembly shall be deemed a license for the purposes of
14		this Act.
15		(2) An applicant for a license must submit satisfactory
16		evidence that:
17		(a) he or she has obtained public liability and
18		property damage insurance in such amounts and under such
19		circumstances as may be determined by the Department;
20		(b) he or she has obtained Workers' Compensation
21		insurance for roofing covering his or her employees or is
22		approved as a self-insurer of Workers' Compensation in
23		accordance with Illinois law;
24		(c) he or she has an unemployment insurance employer
25		account number issued by the Department of Employment
26		Security, and he or she is not delinquent in the payment of

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1		any amount due under the Unemployment Insurance Act;
2		(d) he or she has submitted a continuous bond to the
3		Department in the amount of $10,000 for a limited license
4		and in the amount of $25,000 for an unlimited license; and
5		(e) a qualifying party has satisfactorily completed
6		the examination required under Section 3.5.
7		(3) It is the ongoing responsibility of the licensee to
8		provide to the Department notice in writing of any changes in
9		the information required to be provided on the application.
10		(4) (Blank). All roofing contractors must designate a
11		qualifying party and otherwise achieve compliance with this Act
12		no later than July 1, 2003 or his or her license will
13		automatically expire on July 1, 2003.
14		(5) Nothing in this Section shall apply to a seller of
15		roofing materials or services when the construction,
16		reconstruction, alteration, maintenance, or repair of roofing
17		or waterproofing is to be performed by a person other than the
18		seller or the seller's employees.
19		(6) Applicants have 3 years from the date of application to
20		complete the application process. If the application has not
21		been completed within 3 years, the application shall be denied,
22		the fee shall be forfeited and the applicant must reapply and
23		meet the requirements in effect at the time of reapplication.
24		(Source: P.A. 98-838, eff. 1-1-15.)
25		(225 ILCS 335/3.5)

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1		(Section scheduled to be repealed on January 1, 2016)
2		Sec. 3.5. Examinations Examination.
3		(a) The Department shall authorize examinations for
4		applicants for initial licensure licenses at the time and place
5		it may designate. The examinations shall be of a character to
6		fairly test the competence and qualifications of applicants to
7		act as roofing contractors. Each applicant for limited licenses
8		shall designate a qualifying party who shall take an
9		examination, the technical portion of which shall cover
10		residential roofing practices. Each applicant for an unlimited
11		license shall designate a qualifying party who shall take an
12		examination, the technical portion of which shall cover
13		residential, commercial, and industrial roofing practices.
14		Both examinations shall cover Illinois jurisprudence as it
15		relates to roofing practice.
16		(b) An applicant for a limited license or an unlimited
17		license or a qualifying party designated by an applicant for a
18		limited license or unlimited license shall pay, either to the
19		Department or the designated testing service, a fee established
20		by the Department to cover the cost of providing the
21		examination. Failure of the individual scheduled to appear for
22		the examination on the scheduled date at the time and place
23		specified, after the applicant's his or her application for
24		examination has been received and acknowledged by the
25		Department or the designated testing service, shall result in
26		forfeiture of the examination fee.

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1		(c) The qualifying party for an applicant for a new license
2		must have passed an examination authorized by the Department
3		before the Department may issue a license.
4		(d) The application for a license as a corporation,
5		business trust, or other legal entity submitted by a sole
6		proprietor who is currently licensed under this Act and exempt
7		from the examination requirement of this Section shall not be
8		considered an application for initial licensure for the
9		purposes of this subsection (d) if the sole proprietor is named
10		in the application as the qualifying party and is the sole
11		owner of the legal entity. Upon issuance of a license to the
12		new legal entity, the sole proprietorship license is
13		terminated.
14		The application for initial licensure as a partnership,
15		corporation, business trust, or other legal entity submitted by
16		a currently licensed partnership, corporation, business trust,
17		or other legal entity shall not be considered an application
18		for initial licensure for the purposes of this subsection (d)
19		if the entity's current qualifying party is exempt from the
20		examination requirement of this Section, that qualifying party
21		is named as the new legal entity's qualifying party, and the
22		majority of ownership in the new legal entity remains the same
23		as the currently licensed entity. Upon issuance of a license to
24		the new legal entity under this subsection (d), the former
25		license issued to the applicant is terminated.
26		(e) An applicant has 3 years after the date of his or her

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1		application to complete the application process. If the process
2		has not been completed within 3 years, the application shall be
3		denied, the fee shall be forfeited, and the applicant must
4		reapply and meet the requirements in effect at the time of
5		reapplication.
6		(Source: P.A. 95-303, eff. 1-1-08; 96-624, eff. 1-1-10.)
7		(225 ILCS 335/4.5)
8		(Section scheduled to be repealed on January 1, 2016)
9		Sec. 4.5. Duties of qualifying party; replacement; grounds
10		for discipline.
11		(a) While engaged as or named as a qualifying party for a
12		licensee, no person may be the named qualifying party for any
13		other licensee. However, the person may act in the capacity of
14		the qualifying party for one additional licensee of the same
15		type of licensure if one of the following conditions exists:
16		(1) there There is a common ownership of at least 25%
17		of each licensed entity for which the person acts as a
18		qualifying party; or .
19		(2) the The same person acts as a qualifying party for
20		one licensed entity and its licensed subsidiary.
21		"Subsidiary" as used in this Section means a corporation of
22		which at least 25% is owned by another licensee.
23		(b) Upon the loss of In the event that a qualifying party
24		who is not replaced is terminated or terminating his or her
25		status as qualifying party of a licensee, the qualifying party

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1		or and the licensee, or both, shall notify the Department of
2		that fact in writing. Thereafter, the licensee shall notify the
3		Department of the name and address of the newly designated
4		qualifying party. The newly designated qualifying party must
5		take and pass the examination prescribed in Section 3.5 of this
6		Act; however, a newly designated qualifying party is exempt
7		from the examination requirement until January 1, 2012 if he or
8		she has acted in the capacity of a roofing contractor for a
9		period of at least 15 years for the licensee for which he or
10		she seeks to be the qualifying party. These requirements shall
11		be met in a timely manner as established by rule of the
12		Department.
13		(c) A qualifying party that is accepted by the Department
14		shall have the authority to act for the licensed entity in all
15		matters connected with its roofing contracting business and to
16		supervise roofing installation operations. This authority
17		shall not be deemed to be a license for purposes of this Act.
18		(d) Designation of a qualifying party by an applicant under
19		this Section and Section 3 is subject to acceptance by the
20		Department. The Department may refuse to accept a qualifying
21		party (i) for failure to qualify as required under this Act and
22		the rules adopted under this Act or (ii) after making a
23		determination that the designated party has a history of acting
24		illegally, fraudulently, incompetently, or with gross
25		negligence in the roofing or construction business.
26		(e) The Department may, at any time after giving

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1		appropriate notice and the opportunity for a hearing, suspend
2		or revoke its acceptance of a qualifying party designated by a
3		licensee for any act or failure to act that gives rise to any
4		ground for disciplinary action against that licensee under
5		Section 9.1 or 9.6 of this Act and the rules adopted under this
6		Act. If the Department suspends or revokes its acceptance of a
7		qualifying party, the license of the licensee shall be deemed
8		to be suspended until a new qualifying party has been
9		designated by the licensee and accepted by the Department.
10		If acceptance of a qualifying party is suspended or revoked
11		for action or inaction that constitutes a violation of this Act
12		or the rules adopted under this Act, the Department may in
13		addition take such other disciplinary or non-disciplinary
14		action as it may deem proper, including imposing a fine on the
15		qualifying party, not to exceed $10,000 for each violation.
16		All administrative decisions of the Department under this
17		subsection (e) are subject to judicial review pursuant to
18		Section 9.7 of this Act. An order taking action against a
19		qualifying party shall be deemed a final administrative
20		decision of the Department for purposes of Section 9.7 of this
21		Act.
22		(Source: P.A. 96-624, eff. 1-1-10.)
23		(225 ILCS 335/5) (from Ch. 111, par. 7505)
24		(Section scheduled to be repealed on January 1, 2016)
25		Sec. 5. Display of license number; building permits;

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1		advertising.
2		(a) Each State licensed roofing contractor shall affix the
3		roofing contractor license number and the licensee's name, as
4		it appears on the license, to all of his or her contracts and
5		bids. In addition, the official issuing building permits shall
6		affix the roofing contractor license number to each application
7		for a building permit and on each building permit issued and
8		recorded.
9		(a-3) A municipality or a county that requires a building
10		permit may not issue a building permit to a roofing contractor
11		unless that contractor has provided sufficient proof of current
12		licensure that he or she is licensed currently as a roofing
13		contractor by the State. Holders of an unlimited roofing
14		license may be issued permits for residential, commercial, and
15		industrial roofing projects. Holders of a limited roofing
16		license are restricted to permits for work on residential
17		properties consisting of 8 units or less.
18		(a-5) A person who knowingly, in the course of applying for
19		a building permit with a unit of local government, provides the
20		roofing license number or name of a roofing contractor whom
21		that person he or she does not intend to have perform the work
22		on the roofing portion of the project commits identity theft
23		under paragraph (8) of subsection (a) of Section 16-30 of the
24		Criminal Code of 2012.
25		(a-10) A building permit applicant must present a
26		government-issued identification along with the building

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1		permit application. Except for the name of the individual, all
2		other personal information contained in the government-issued
3		identification shall be exempt from disclosure under
4		subsection (c) of Section 7 of the Freedom of Information Act.
5		The official issuing the building permit shall maintain the
6		name and identification number, as it appears on the
7		government-issued identification, in the building permit
8		application file. It is not necessary that the building permit
9		applicant be the qualifying party. This subsection shall not
10		apply to a county or municipality whose building permit process
11		occurs through electronic means.
12		(b) (Blank).
13		(c) Every holder of a license shall display it in a
14		conspicuous place in the licensee's his or her principal
15		office, place of business, or place of employment.
16		(d) No person licensed under this Act may advertise
17		services regulated by this Act unless that person includes in
18		the advertisement the roofing contractor license number and the
19		licensee's name, as it appears on the license. Nothing
20		contained in this subsection requires the publisher of
21		advertising for roofing contractor services to investigate or
22		verify the accuracy of the license number provided by the
23		licensee.
24		(e) A person who advertises services regulated by this Act
25		who knowingly (i) fails to display the license number and the
26		licensee's name, as it appears on the license, in any manner

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1		required by this Section, (ii) fails to provide a publisher
2		with the correct license number as required by subsection (d),
3		or (iii) provides a publisher with a false license number or a
4		license number of another person, or a person who knowingly
5		allows the licensee's his or her license number to be displayed
6		or used by another person to circumvent any provisions of this
7		Section, is guilty of a Class A misdemeanor with a fine of
8		$1,000, and, in addition, is subject to the administrative
9		enforcement provisions of this Act. Each day that an
10		advertisement runs or each day that a person knowingly allows
11		the licensee's his or her license to be displayed or used in
12		violation of this Section constitutes a separate offense.
13		(Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10;
14		97-235, eff. 1-1-12; 97-597, eff. 1-1-12; 97-965, eff. 8-15-12;
15		97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
16		(225 ILCS 335/5.1)
17		(Section scheduled to be repealed on January 1, 2016)
18		Sec. 5.1. Commercial vehicles. Any entity offering
19		services regulated by the Roofing Industry Licensing Act shall
20		affix the roofing contractor license number and the licensee's
21		name, as it appears on the license, on all commercial vehicles
22		used in offering such services. An entity in violation of this
23		Section shall be subject to a $250 civil penalty. This Section
24		may be enforced by local code enforcement officials employed by
25		units of local government as it relates to roofing work being

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1		performed within the boundaries of their jurisdiction. For
2		purposes of this Section, "code enforcement official" means an
3		officer or other designated authority charged with the
4		administration, interpretation, and enforcement of codes on
5		behalf of a municipality or county. If the alleged violation
6		has been corrected prior to or on the date of the hearing
7		scheduled to adjudicate the alleged violation, the violation it
8		shall be dismissed.
9		(Source: P.A. 97-235, eff. 1-1-12.)
10		(225 ILCS 335/5.5)
11		(Section scheduled to be repealed on January 1, 2016)
12		Sec. 5.5. Contracts. A roofing contractor, when signing a
13		contract, must provide a land-based phone number and a street
14		address other than a post office box at which the roofing
15		contractor he or she may be contacted.
16		(Source: P.A. 91-950, eff. 2-9-01.)
17		(225 ILCS 335/6) (from Ch. 111, par. 7506)
18		(Section scheduled to be repealed on January 1, 2016)
19		Sec. 6. Expiration and renewal; inactive status;
20		restoration; renewal.
21		(a) The expiration date and renewal period for each
22		certificate of registration issued under this Act shall be set
23		by the Department by rule.
24		(b) A licensee who has permitted his or her license to

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1		expire or whose license is on inactive status may have his or
2		her license restored by making application to the Department in
3		the form and manner prescribed by the Department.
4		(c) A licensee who notifies the Department in writing on
5		forms prescribed by the Department may elect to place his or
6		her license on inactive status and shall, subject to rules of
7		the Department, be excused from payment of renewal fees until
8		he or she notifies the Department in writing of his or her
9		desire to resume active status.
10		(d) A licensee whose license expired while he or she was
11		(1) on active duty with the Armed Forces of the United States
12		or the State Militia called into service or training or (2) in
13		training or education under the supervision of the United
14		States preliminary to induction into the military service, may
15		have his or her license renewed or restored without paying any
16		lapsed renewal fees if, within 2 years after termination of
17		such service, training, or education, except under conditions
18		other than honorable, he or she furnishes the Department with
19		satisfactory evidence to the effect that he or she has been so
20		engaged and that his or her service, training, or education has
21		been so terminated.
22		(e) A roofing contractor whose license is expired or on
23		inactive status shall not practice under this Act in the State
24		of Illinois.
25		(Source: P.A. 95-303, eff. 1-1-08.)

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1		(225 ILCS 335/7) (from Ch. 111, par. 7507)
2		(Section scheduled to be repealed on January 1, 2016)
3		Sec. 7. Fees. The fees for the administration and
4		enforcement of this Act, including, but not limited to,
5		original certification, renewal, and restoration of a license
6		issued under this Act, shall be set by rule. The fees shall be
7		nonrefundable. (1) The initial application fee for a
8		certificate shall be fixed by the Department by rule. (2) All
9		other fees not set forth herein shall be fixed by rule. (3)
10		(Blank). (4) (Blank). (5) (Blank). (6) All fees, penalties, and
11		fines collected under this Act shall be deposited into the
12		General Professions Dedicated Fund and shall be appropriated to
13		the Department for the ordinary and contingent expenses of the
14		Department in the administration of this Act.
15		(Source: P.A. 94-254, eff. 7-19-05.)
16		(225 ILCS 335/9) (from Ch. 111, par. 7509)
17		(Section scheduled to be repealed on January 1, 2016)
18		Sec. 9. Licensure requirement.
19		(1) It is unlawful for any person to engage in the business
20		or act in the capacity of or hold himself, or herself, or
21		itself out in any manner as a roofing contractor without having
22		been duly licensed under the provisions of this Act.
23		(2) No work involving the construction, reconstruction,
24		alteration, maintenance or repair of any kind of roofing or
25		waterproofing may be done except by a roofing contractor

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1		licensed under this Act.
2		(3) Sellers of roofing services may subcontract the
3		provision of those roofing services only to roofing contractors
4		licensed under this Act.
5		(4) All persons performing roofing services under this Act
6		shall be licensed as roofing contractors, except for those
7		persons who are deemed to be employees under Section 10 of the
8		Employee Classification Act of a licensed roofing contractor.
9		(Source: P.A. 98-838, eff. 1-1-15.)
10		(225 ILCS 335/9.1) (from Ch. 111, par. 7509.1)
11		(Section scheduled to be repealed on January 1, 2016)
12		Sec. 9.1. Grounds for disciplinary action.
13		(1) The Department may refuse to issue or to renew, or may
14		revoke, suspend, place on probation, reprimand or take other
15		disciplinary or non-disciplinary action as the Department may
16		deem proper, including fines not to exceed $10,000 for each
17		violation, with regard to any license for any one or
18		combination of the following causes:
19		(a) violation of this Act or its rules;
20		(b) conviction or plea of guilty or nolo contendere,
21		finding of guilt, jury verdict, or entry of judgment or
22		sentencing of any crime, including, but not limited to,
23		convictions, preceding sentences of supervision,
24		conditional discharge, or first offender probation, under
25		the laws of any jurisdiction of the United States or any

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1		state or territory thereof that is (i) a felony or (ii) a
2		misdemeanor, an essential element of which is dishonesty or
3		that is directly related to the practice of the profession;
4		(c) Fraud or making any misrepresentation in applying
5		for or procuring for the purpose of obtaining a license
6		under this Act, or in connection with applying for renewal
7		of a license under this Act;
8		(d) professional incompetence or gross negligence in
9		the practice of roofing contracting, prima facie evidence
10		of which may be a conviction or judgment in any court of
11		competent jurisdiction against an applicant or licensee
12		relating to the practice of roofing contracting or the
13		construction of a roof or repair thereof that results in
14		leakage within 90 days after the completion of such work;
15		(e) (blank);
16		(f) aiding or assisting another person in violating any
17		provision of this Act or rules;
18		(g) failing, within 60 days, to provide information in
19		response to a written request made by the Department which
20		has been sent by certified or registered mail to the
21		licensee's last known address;
22		(h) engaging in dishonorable, unethical, or
23		unprofessional conduct of a character likely to deceive,
24		defraud, or harm the public;
25		(i) habitual or excessive use or abuse of controlled
26		substances, as defined by the Illinois Controlled

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1		Substances Act, alcohol, or any other substance that
2		addiction to alcohol, narcotics, stimulants or any other
3		chemical agent or drug which results in the inability to
4		practice with reasonable judgment, skill, or safety;
5		(j) discipline by another state, unit of government, or
6		government agency, the District of Columbia, a territory,
7		U.S. jurisdiction or a foreign nation, if at least one of
8		the grounds for the discipline is the same or substantially
9		equivalent to those set forth in this Section;
10		(k) directly or indirectly giving to or receiving from
11		any person, firm, corporation, partnership, or association
12		any fee, commission, rebate, or other form of compensation
13		for any professional services not actually or personally
14		rendered;
15		(l) a finding by the Department that the licensee,
16		after having his or her license disciplined, placed on
17		probationary status has violated the terms of the
18		discipline probation;
19		(m) a finding by any court of competent jurisdiction,
20		either within or without this State, of any violation of
21		any law governing the practice of roofing contracting, if
22		the Department determines, after investigation, that such
23		person has not been sufficiently rehabilitated to warrant
24		the public trust;
25		(n) willfully making or filing false records or reports
26		in the practice of roofing contracting, including, but not

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1		limited to, false records filed with the State agencies or
2		departments a finding that licensure has been applied for
3		or obtained by fraudulent means;
4		(o) practicing, attempting to practice, or advertising
5		under a name other than the full name as shown on the
6		license or any other legally authorized name;
7		(p) gross and willful overcharging for professional
8		services including filing false statements for collection
9		of fees or monies for which services are not rendered;
10		(q) (blank); failure to file a return, or to pay the
11		tax, penalty or interest shown in a filed return, or to pay
12		any final assessment of tax, penalty or interest, as
13		required by any tax Act administered by the Illinois
14		Department of Revenue, until such time as the requirements
15		of any such tax Act are satisfied;
16		(r) (blank); the Department shall deny any license or
17		renewal under this Act to any person who has defaulted on
18		an educational loan guaranteed by the Illinois State
19		Scholarship Commission; however, the Department may issue
20		a license or renewal if the person in default has
21		established a satisfactory repayment record as determined
22		by the Illinois State Scholarship Commission;
23		(s) failure to continue to meet the requirements of
24		this Act shall be deemed a violation;
25		(t) physical or mental disability, including
26		deterioration through the aging process or loss of

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1		abilities and skills that result in an inability to
2		practice the profession with reasonable judgment, skill,
3		or safety;
4		(u) material misstatement in furnishing information to
5		the Department or to any other State agency;
6		(v) (blank); the determination by a court that a
7		licensee is subject to involuntary admission or judicial
8		admission as provided in the Mental Health and
9		Developmental Disabilities Code will result in an
10		automatic suspension of his or her license. The suspension
11		will end upon a finding by a court that the licensee is no
12		longer subject to involuntary admission or judicial
13		admission, the issuance of an order so finding and
14		discharging the patient, and the recommendation of the
15		Board to the Director that the licensee be allowed to
16		resume professional practice;
17		(w) advertising in any manner that is false,
18		misleading, or deceptive;
19		(x) taking undue advantage of a customer, which results
20		in the perpetration of a fraud;
21		(y) performing any act or practice that is a violation
22		of the Consumer Fraud and Deceptive Business Practices Act;
23		(z) engaging in the practice of roofing contracting, as
24		defined in this Act, with a suspended, revoked, or
25		cancelled license;
26		(aa) treating any person differently to the person's

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1		detriment because of race, color, creed, gender, age,
2		religion, or national origin;
3		(bb) knowingly making any false statement, oral,
4		written, or otherwise, of a character likely to influence,
5		persuade, or induce others in the course of obtaining or
6		performing roofing contracting services;
7		(cc) violation of any final administrative action of
8		the Secretary;
9		(dd) allowing the use of his or her roofing license by
10		an unlicensed roofing contractor for the purposes of
11		providing roofing or waterproofing services; or
12		(ee) (blank); aiding or assisting another person in
13		violating any provision of this Act or its rules,
14		including, but not limited to, Section 9 of this Act.
15		(ff) cheating or attempting to subvert a licensing
16		examination administered under this Act; or
17		(gg) use of a license to permit or enable an unlicensed
18		person to provide roofing contractor services.
19		(2) The determination by a circuit court that a license
20		holder is subject to involuntary admission or judicial
21		admission, as provided in the Mental Health and Developmental
22		Disabilities Code, operates as an automatic suspension. Such
23		suspension will end only upon a finding by a court that the
24		patient is no longer subject to involuntary admission or
25		judicial admission, an order by the court so finding and
26		discharging the patient, and the recommendation of the Board to

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1		the Director that the license holder be allowed to resume his
2		or her practice.
3		(3) The Department may refuse to issue or take disciplinary
4		action concerning the license of any person who fails to file a
5		return, to pay the tax, penalty, or interest shown in a filed
6		return, or to pay any final assessment of tax, penalty, or
7		interest as required by any tax Act administered by the
8		Department of Revenue, until such time as the requirements of
9		any such tax Act are satisfied as determined by the Department
10		of Revenue.
11		(4) In enforcing this Section, the Department, upon a
12		showing of a possible violation, may compel any individual who
13		is licensed under this Act or any individual who has applied
14		for licensure to submit to a mental or physical examination or
15		evaluation, or both, which may include a substance abuse or
16		sexual offender evaluation, at the expense of the Department.
17		The Department shall specifically designate the examining
18		physician licensed to practice medicine in all of its branches
19		or, if applicable, the multidisciplinary team involved in
20		providing the mental or physical examination and evaluation.
21		The multidisciplinary team shall be led by a physician licensed
22		to practice medicine in all of its branches and may consist of
23		one or more or a combination of physicians licensed to practice
24		medicine in all of its branches, licensed chiropractic
25		physicians, licensed clinical psychologists, licensed clinical
26		social workers, licensed clinical professional counselors, and

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1		other professional and administrative staff. Any examining
2		physician or member of the multidisciplinary team may require
3		any person ordered to submit to an examination and evaluation
4		pursuant to this Section to submit to any additional
5		supplemental testing deemed necessary to complete any
6		examination or evaluation process, including, but not limited
7		to, blood testing, urinalysis, psychological testing, or
8		neuropsychological testing.
9		(5) The Department may order the examining physician or any
10		member of the multidisciplinary team to provide to the
11		Department any and all records, including business records,
12		that relate to the examination and evaluation, including any
13		supplemental testing performed. The Department may order the
14		examining physician or any member of the multidisciplinary team
15		to present testimony concerning this examination and
16		evaluation of the licensee or applicant, including testimony
17		concerning any supplemental testing or documents relating to
18		the examination and evaluation. No information, report,
19		record, or other documents in any way related to the
20		examination and evaluation shall be excluded by reason of any
21		common law or statutory privilege relating to communication
22		between the licensee or applicant and the examining physician
23		or any member of the multidisciplinary team. No authorization
24		is necessary from the licensee or applicant ordered to undergo
25		an evaluation and examination for the examining physician or
26		any member of the multidisciplinary team to provide

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1		information, reports, records, or other documents or to provide
2		any testimony regarding the examination and evaluation. The
3		individual to be examined may have, at his or her own expense,
4		another physician of his or her choice present during all
5		aspects of the examination.
6		(6) Failure of any individual to submit to mental or
7		physical examination or evaluation, or both, when directed,
8		shall result in an automatic suspension without hearing until
9		such time as the individual submits to the examination. If the
10		Department finds a licensee unable to practice because of the
11		reasons set forth in this Section, the Department shall require
12		the licensee to submit to care, counseling, or treatment by
13		physicians approved or designated by the Department as a
14		condition for continued, reinstated, or renewed licensure.
15		(7) When the Secretary immediately suspends a license under
16		this Section, a hearing upon such person's license must be
17		convened by the Department within 15 days after the suspension
18		and completed without appreciable delay. The Department shall
19		have the authority to review the licensee's record of treatment
20		and counseling regarding the impairment to the extent permitted
21		by applicable federal statutes and regulations safeguarding
22		the confidentiality of medical records.
23		(8) Licensees affected under this Section shall be afforded
24		an opportunity to demonstrate to the Department that they can
25		resume practice in compliance with acceptable and prevailing
26		standards under the provisions of their license.

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1		(9) The Department shall deny a license or renewal
2		authorized by this Act to a person who has defaulted on an
3		educational loan or scholarship provided or guaranteed by the
4		Illinois Student Assistance Commission or any governmental
5		agency of this State in accordance with paragraph (5) of
6		subsection (a) of Section 2105-15 of the Department of
7		Professional Regulation Law of the Civil Administrative Code of
8		Illinois.
9		(10) In cases where the Department of Healthcare and Family
10		Services has previously determined a licensee or a potential
11		licensee is more than 30 days delinquent in the payment of
12		child support and has subsequently certified the delinquency to
13		the Department, the Department may refuse to issue or renew or
14		may revoke or suspend that person's license or may take other
15		disciplinary action against that person based solely upon the
16		certification of delinquency made by the Department of
17		Healthcare and Family Services in accordance with paragraph (5)
18		of subsection (a) of Section 2105-15 of the Department of
19		Professional Regulation Law of the Civil Administrative Code of
20		Illinois.
21		The changes to this Act made by this amendatory Act of 1997
22		apply only to disciplinary actions relating to events occurring
23		after the effective date of this amendatory Act of 1997.
24		(Source: P.A. 95-303, eff. 1-1-08; 96-1324, eff. 7-27-10.)
25		(225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)

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1		(Section scheduled to be repealed on January 1, 2016)
2		Sec. 9.2. Record Stenographer; record of proceedings. The
3		Department, at its expense, shall provide a stenographer to
4		take down the testimony and preserve a record of all
5		proceedings at the formal hearing of any case initiated
6		pursuant to this Act, the rules for the administration of this
7		Act, or any other Act or rules relating to this Act and
8		proceedings for restoration of any license issued under this
9		Act. The notice of hearing, complaint, answer, and all other
10		documents in the nature of pleadings and written motions and
11		responses filed in the proceedings, the transcript of the
12		testimony, all exhibits admitted into evidence, the report of
13		the hearing officer, the Board's findings of fact, conclusions
14		of law, and recommendations to the Director, and the order of
15		the Department shall be the record of the proceedings. Any
16		licensee who is found to have violated this Act or who fails to
17		appear for a hearing to refuse to issue, restore, or renew a
18		license or to discipline a licensee may be required by the
19		Department to pay for the costs of the proceeding. These costs
20		are limited to costs for court reporters, transcripts, and
21		witness attendance and mileage fees. All costs imposed under
22		this Section shall be paid within 60 days after the effective
23		date of the order imposing the fine. The Department shall
24		furnish a transcript of the record to any person interested in
25		the hearing upon payment of the fee required under Section
26		2105-115 of the Department of Professional Regulation Law (20

SB0838 Engrossed - 31 - LRB099 04219 HAF 24241 b
1		ILCS 2105/2105-115).
2		(Source: P.A. 91-239, eff. 1-1-00; 91-950, eff. 2-9-01.)
3		(225 ILCS 335/9.3) (from Ch. 111, par. 7509.3)
4		(Section scheduled to be repealed on January 1, 2016)
5		Sec. 9.3. Attendance of witnesses; contempt. Any circuit
6		court may, upon application of the Department or its designee
7		or of the applicant or licensee against whom proceedings are
8		pending, enter an order requiring the attendance of witnesses
9		and their testimony of witnesses, and the production of
10		relevant documents, papers, files, books and records in
11		connection with any hearing or investigation. The court may
12		compel obedience to its order by proceedings for contempt.
13		(Source: P.A. 86-615.)
14		(225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)
15		(Section scheduled to be repealed on January 1, 2016)
16		Sec. 9.4. Subpoenas; oaths. The Department has power to
17		subpoena and bring before it any person in this State and to
18		take the oral or written testimony either orally or by
19		deposition or both, or to compel the production of any books,
20		papers, records, subpoena documents, exhibits, or other
21		materials that the Secretary or his or her designee deems
22		relevant or material to an investigation or hearing conducted
23		by the Department, with the same fees and mileage and in the
24		same manner as prescribed by law in judicial proceedings in

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1		civil cases in circuit courts of this State.
2		The Secretary, the designated hearing officer, Director
3		and any member of the Roofing Advisory Board, or a certified
4		shorthand court reporter may have power to administer oaths to
5		witnesses at any hearing that the Department conducts or
6		Roofing Advisory Board is authorized by law to conduct.
7		Notwithstanding any other statute or Department rule to the
8		contrary, all requests for testimony or production of documents
9		or records shall be in accordance with this Act. Further, the
10		Director has power to administer any other oaths required or
11		authorized to be administered by the Department under this Act.
12		(Source: P.A. 91-950, eff. 2-9-01.)
13		(225 ILCS 335/9.5) (from Ch. 111, par. 7509.5)
14		(Section scheduled to be repealed on January 1, 2016)
15		Sec. 9.5. Findings of fact, conclusions of law, and
16		recommendations of the Board; rehearing order. The Board shall
17		have 90 days after receipt of the report of the hearing officer
18		to review the report and present their findings of fact,
19		conclusions of law, and recommendations to the Secretary. If
20		the Board fails to present its findings of fact, conclusions of
21		law, and recommendations within the 90-day period, the
22		Secretary may issue an order based on the report of the hearing
23		officer. If the Secretary disagrees with the recommendation of
24		the Board or hearing officer, then the Secretary may issue an
25		order in contravention of the recommendation. In any case

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1		involving the refusal to issue or renew or the taking of
2		disciplinary action against a license, a copy of the Board's
3		findings of fact, conclusions of law, and recommendations shall
4		be served upon the respondent by the Department as provided in
5		this Act for the service of the notice of hearing. Within 20
6		days after such service, the respondent may present to the
7		Department a motion in writing for a rehearing, which motion
8		shall specify the particular grounds therefor. If no motion for
9		rehearing is filed, then upon the expiration of the time
10		specified for filing such a motion or, if a motion for
11		rehearing is denied, then upon such denial the Secretary may
12		enter an order in accordance with recommendations of the Board.
13		If the respondent shall order from the reporting service, and
14		pays for a transcript of the record within the time for filing
15		a motion for rehearing, the 20-day period within which such a
16		motion may be filed shall commence upon the delivery of the
17		transcript to the respondent. Whenever the Secretary is
18		satisfied that substantial justice has not been done in the
19		revocation or suspension of, or the refusal to issue or renew,
20		a license, the Secretary may order a rehearing by the hearing
21		officer.
22		Within 60 days of the Department's receipt of the transcript of
23		any hearing that is conducted pursuant to this Act or the rules
24		for its enforcement or any other statute or rule requiring a
25		hearing under this Act or the rules for its enforcement, or for
26		any hearing related to restoration of any license issued

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1		pursuant to this Act, the hearing officer shall submit his or
2		her written findings and recommendations to the Roofing
3		Advisory Board. The Roofing Advisory Board shall review the
4		report of the hearing officer and shall present its findings of
5		fact, conclusions of law, and recommendations to the Director
6		by the date of the Board's second meeting following the Board's
7		receipt of the hearing officer's report.
8		A copy of the findings of fact, conclusions of law, and
9		recommendations to the Director shall be served upon the
10		accused person, either personally or by registered or certified
11		mail. Within 20 days after service, the accused person may
12		present to the Department a written motion for a rehearing,
13		which shall state the particular grounds therefor. If the
14		accused person orders and pays for a transcript pursuant to
15		Section 9.2, the time elapsing thereafter and before the
16		transcript is ready for delivery to him or her shall not be
17		counted as part of the 20 days.
18		The Director shall issue an order based on the findings of
19		fact, conclusions of law, and recommendations to the Director.
20		If the Director disagrees in any regard with the findings of
21		fact, conclusions of law, and recommendations to the Director,
22		he may issue an order in contravention of the findings of fact,
23		conclusions of law, and recommendations to the Director.
24		If the Director issues an order in contravention of the
25		findings of fact, conclusions of law, and recommendations to
26		the Director, the Director shall notify the Board in writing

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1		with an explanation for any deviation from the Board's findings
2		of fact, conclusions of law, and recommendations to the
3		Director within 30 days of the Director's entry of the order.
4		(Source: P.A. 91-950, eff. 2-9-01.)
5		(225 ILCS 335/9.6) (from Ch. 111, par. 7509.6)
6		(Section scheduled to be repealed on January 1, 2016)
7		Sec. 9.6. Summary Temporary suspension pending hearing.
8		The Secretary Director may summarily temporarily suspend a the
9		license issued under this Act of a roofing contractor without a
10		hearing, simultaneously with the institution of proceedings
11		for a hearing provided for in this Act, if the Secretary
12		Director finds that evidence in his or her possession indicates
13		that continuation in practice would constitute an imminent
14		danger to the public. In the event that the Secretary summarily
15		Director temporarily suspends a license without a hearing, a
16		hearing by the Department shall be commenced held within 30
17		days after such suspension has occurred and shall be concluded
18		as expeditiously as possible.
19		(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
20		(225 ILCS 335/9.7) (from Ch. 111, par. 7509.7)
21		(Section scheduled to be repealed on January 1, 2016)
22		Sec. 9.7. All final administrative decisions of the
23		Department are subject to judicial review pursuant to the
24		Administrative Review Law, as amended, and all its rules

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1		adopted pursuant thereto. The term "administrative decision"
2		is defined as in Section 3-101 of the Code of Civil Procedure.
3		Proceedings for judicial review shall be commenced in the
4		circuit court of the county in which the party applying for
5		review resides, except that, if the party is not a resident of
6		this State, the venue shall be Sangamon County.
7		(Source: P.A. 86-615.)
8		(225 ILCS 335/9.8) (from Ch. 111, par. 7509.8)
9		(Section scheduled to be repealed on January 1, 2016)
10		Sec. 9.8. Criminal penalties. Any person who is found to
11		have violated any provision of this Act is guilty of a Class A
12		misdemeanor for the first offense. On conviction of a second or
13		subsequent offense the violator is guilty of a Class 4 felony.
14		Each day of violation constitutes a separate offense.
15		(Source: P.A. 89-387, eff. 1-1-96.)
16		(225 ILCS 335/9.9a)
17		(Section scheduled to be repealed on January 1, 2016)
18		Sec. 9.9a. Certification of record; costs. The Department
19		shall not be required to certify any record to the court, to
20		file an answer in court, or to otherwise appear in any court in
21		a judicial review proceeding, unless and until the Department
22		has received from the plaintiff payment of the costs of
23		furnishing and certifying the record, which costs shall be
24		determined by the Department there is filed in the court, with

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1		the complaint, a receipt from the Department acknowledging
2		payment of the costs of furnishing and certifying the record.
3		Failure on the part of the plaintiff to file the receipt in
4		court is grounds for dismissal of the action.
5		(Source: P.A. 89-387, eff. 1-1-96.)
6		(225 ILCS 335/9.10) (from Ch. 111, par. 7509.10)
7		(Section scheduled to be repealed on January 1, 2016)
8		Sec. 9.10. Returned checks; fines. Any person who delivers
9		a check or other payment to the Department that is returned to
10		the Department unpaid by the financial institution upon which
11		it is drawn shall pay to the Department, in addition to the
12		amount already owed to the Department, a fine of $50. The fines
13		imposed by this Section are in addition to any other discipline
14		provided under this Act for unlicensed practice or practice on
15		a nonrenewed license. The Department shall notify the person
16		that payment of fees and fines shall be paid to the Department
17		by certified check or money order within 30 calendar days of
18		the notification. If, after the expiration of 30 days from the
19		date of the notification, the person has failed to submit the
20		necessary remittance, the Department shall automatically
21		terminate the license or deny the application, without hearing.
22		If, after termination or denial, the person seeks a license,
23		that person he or she shall apply to the Department for
24		restoration or issuance of the license and pay all the
25		application fees as set by rule. The Department may establish a

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1		fee for the processing of an application for restoration of a
2		license to pay all expenses of processing this application. The
3		Director may waive the fines due under this Section in
4		individual cases where the Director finds that the fines would
5		be unreasonable or unnecessarily burdensome.
6		(Source: P.A. 91-950, eff. 2-9-01; 92-146, eff. 1-1-02; 92-651,
7		eff. 7-11-02.)
8		(225 ILCS 335/9.14) (from Ch. 111, par. 7509.14)
9		(Section scheduled to be repealed on January 1, 2016)
10		Sec. 9.14. Appointment of hearing officer. The Secretary
11		Director has the authority to appoint any attorney duly
12		licensed to practice law in the State of Illinois to serve as
13		the hearing officer for any action for refusal to issue or
14		renew a license, for discipline of a licensee for sanctions for
15		unlicensed practice, for restoration of a license, or for any
16		other action for which findings of fact, conclusions of law,
17		and recommendations are required pursuant to Section 9.5 of
18		this Act. The hearing officer shall have full authority to
19		conduct the hearing and shall issue his or her findings of
20		fact, conclusions of law, and recommendations to the Board
21		pursuant to Section Sections 9.5 of this Act.
22		(Source: P.A. 91-950, eff. 2-9-01.)
23		(225 ILCS 335/9.15) (from Ch. 111, par. 7509.15)
24		(Section scheduled to be repealed on January 1, 2016)

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1		Sec. 9.15. Investigation; notice; default. The Department
2		may investigate the actions of any applicant or any person or
3		persons holding or claiming to hold a license. The Department
4		shall, before refusing to issue, renew, or discipline a
5		licensee or applicant suspending, revoking, placing on
6		probationary status, or taking any other disciplinary action as
7		the Department may deem proper with regard to any license, at
8		least 30 days prior to the date set for the hearing, notify the
9		applicant or licensee accused in writing of the nature of the
10		any charges made and the time and place for a hearing on the
11		charges. The Department shall direct the applicant or licensee
12		before the hearing officer, direct him or her to file a his
13		written answer to the charges with the hearing officer under
14		oath within 20 30 days after the service on him or her of the
15		such notice, and inform the applicant or licensee him or her
16		that failure if he or she fails to file an such answer will
17		result in default being will be taken against the applicant or
18		licensee him or her and his or her license may be suspended,
19		revoked, placed on probationary status, or other disciplinary
20		action, including limiting the scope, nature or extent of his
21		or her practice, as the Department may deem proper, taken. This
22		written notice may be served by personal delivery or certified
23		or registered mail to the Department. At the time and place
24		fixed in the notice, the Department shall proceed to hear the
25		charges and the parties or their counsel shall be accorded
26		ample opportunity to present any pertinent statements,

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1		testimony, evidence, and arguments. The Department may
2		continue the hearing from time to time. In case the person
3		fails to file an answer after receiving notice, the his or her
4		license may, in the discretion of the Department, be suspended,
5		revoked, or placed on probationary status, or the Department
6		may take whatever disciplinary action deemed proper, including
7		limiting the scope, nature, or extent of the person's practice
8		or the imposition of a fine, without a hearing, if the act or
9		acts charged constitute sufficient grounds for such action
10		under this Act. The written notice and any notice in the
11		subsequent proceeding may be served by registered or certified
12		mail to the licensee's address of record. At the time and place
13		fixed in the notice, the Department shall proceed to hear the
14		charges and the parties or their counsel shall be accorded
15		ample opportunity to present such statements, testimony,
16		evidence and argument as may be pertinent to the charges or to
17		their defense. The Department may continue such hearing from
18		time to time. At the discretion of the Director after having
19		first received the recommendation of the hearing officer, the
20		accused person's license may be suspended, revoked, placed on
21		probationary status, or other disciplinary action may be taken
22		as the Director may deem proper, including limiting the scope,
23		nature, or extent of said person's practice without a hearing,
24		if the act or acts charged constitute sufficient grounds for
25		such action under this Act.
26		(Source: P.A. 90-55, eff. 1-1-98.)

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1		(225 ILCS 335/10) (from Ch. 111, par. 7510)
2		(Section scheduled to be repealed on January 1, 2016)
3		Sec. 10. Injunctive relief; order to cease and desist
4		Enforcement; petition to court.
5		(1) If any person violates the provisions of this Act, the
6		Secretary, Director through the Attorney General of the State
7		of Illinois, or the State's Attorney of any county in which a
8		violation is alleged to have occurred exist, may in the name of
9		the People of the State of Illinois petition for an order
10		enjoining such violation or for an order enforcing compliance
11		with this Act. Upon the filing of a verified petition in such
12		court, the court may issue a temporary restraining order,
13		without notice or bond, and may preliminarily and permanently
14		enjoin such violation, and if it is established that such
15		person has violated or is violating the injunction, the Court
16		may punish the offender for contempt of court. Proceedings
17		under this Section shall be in addition to, and not in lieu of,
18		all other remedies and penalties provided by this Act.
19		(2) If any person shall practice as a licensee or hold
20		himself or herself out as a licensee without being licensed
21		under the provisions of this Act, then any person licensed
22		under this Act, any interested party or any person injured
23		thereby may, in addition to the Secretary those officers
24		identified in subsection (1) of this Section, petition for
25		relief as provided in subsection (1) of this Section therein.

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1		(3) (Blank).
2		(4) Whenever, in the opinion of the Department, any person
3		violates any provision of this Act, the Department may issue a
4		rule to show cause why an order to cease and desist should not
5		be entered. The rule shall clearly set forth the grounds relied
6		upon by the Department and shall provide a period of 7 days
7		after the date of issuance of the rule to file an answer to the
8		satisfaction of the Department. Failure to answer to the
9		satisfaction of the Department shall cause an order to cease
10		and desist to be issued forthwith. Proceedings under this
11		Section shall be in addition to, and not in lieu of, all other
12		remedies and penalties which may be provided by law.
13		(Source: P.A. 95-303, eff. 1-1-08.)
14		(225 ILCS 335/10a)
15		(Section scheduled to be repealed on January 1, 2016)
16		Sec. 10a. Unlicensed practice; violation; civil penalty.
17		(a) In addition to any other penalty provided by law, any
18		Any person who practices, offers to practice, attempts to
19		practice, or holds himself or herself out to practice roofing
20		without being licensed under this Act shall, in addition to any
21		other penalty provided by law, pay a civil penalty to the
22		Department in an amount not to exceed $10,000 $5,000 for each
23		offense as determined by the Department. The civil penalty
24		shall be assessed by the Department after a hearing is held in
25		accordance with the provisions set forth in this Act regarding

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1		the provision of a hearing for the discipline of a licensee.
2		(b) The Department has the authority and power to
3		investigate any and all unlicensed activity.
4		(c) The civil penalty shall be paid within 60 days after
5		the effective date of the order imposing the civil penalty. The
6		order shall constitute a judgment and may be filed and
7		execution had thereon in the same manner as any judgment from
8		any court of record.
9		(Source: P.A. 89-387, eff. 1-1-96.)
10		(225 ILCS 335/11) (from Ch. 111, par. 7511)
11		(Section scheduled to be repealed on January 1, 2016)
12		Sec. 11. Application of Act.
13		(1) Nothing in this Act limits the power of a municipality,
14		city, or county, or incorporated area to regulate the quality
15		and character of work performed by roofing contractors through
16		a system of permits, fees, and inspections which are designed
17		to secure compliance with and aid in the implementation of
18		State and local building laws or to enforce other local laws
19		for the protection of the public health and safety.
20		(2) Nothing in this Act shall be construed to require a
21		seller of roofing materials or services to be licensed as a
22		roofing contractor when the construction, reconstruction,
23		alteration, maintenance or repair of roofing or waterproofing
24		is to be performed by a person other than the seller or the
25		seller's employees.

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1		(3) Nothing in this Act shall be construed to require a
2		person who performs roofing or waterproofing work to his or her
3		own property, or for no consideration, to be licensed as a
4		roofing contractor.
5		(4) Nothing in this Act shall be construed to require a
6		person who performs roofing or waterproofing work to his or her
7		employer's property to be licensed as a roofing contractor,
8		where there exists an employer-employee relationship. Nothing
9		in this Act shall be construed to apply to the installation of
10		plastics, glass or fiberglass to greenhouses and related
11		horticultural structures, or to the repair or construction of
12		farm buildings.
13		(5) Nothing in this Act limits the power of a municipality,
14		city, or county, or incorporated area to collect occupational
15		license and inspection fees for engaging in roofing
16		contracting.
17		(6) Nothing in this Act limits the power of the
18		municipalities, cities, or counties, or incorporated areas to
19		adopt any system of permits requiring submission to and
20		approval by the municipality, city, or county, or incorporated
21		area of plans and specifications for work to be performed by
22		roofing contractors before commencement of the work.
23		(7) Any official authorized to issue building or other
24		related permits shall ascertain that the applicant contractor
25		is duly licensed before issuing the permit. The evidence shall
26		consist only of the exhibition to him or her of current

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1		evidence of licensure.
2		(8) This Act applies to any roofing contractor performing
3		work for the State or any municipality, city, county, or
4		incorporated area municipality. Officers of the State or any
5		municipality, city, county or incorporated area municipality
6		are required to determine compliance with this Act before
7		awarding any contracts for construction, improvement,
8		remodeling, or repair.
9		(9) If an incomplete contract exists at the time of death
10		of a licensee contractor, the contract may be completed by any
11		person even though not licensed. Such person shall notify the
12		Department within 30 days after the death of the contractor of
13		his or her name and address. For the purposes of this
14		subsection, an incomplete contract is one which has been
15		awarded to, or entered into by, the licensee contractor before
16		his or her death or on which he or she was the low bidder and
17		the contract is subsequently awarded to him or her regardless
18		of whether any actual work has commenced under the contract
19		before his or her death.
20		(10) The State or any municipality, city, county, or
21		incorporated area municipality may require that bids submitted
22		for roofing construction, improvement, remodeling, or repair
23		of public buildings be accompanied by evidence that that bidder
24		holds an appropriate license issued pursuant to this Act.
25		(11) (Blank).
26		(12) Nothing in this Act shall prevent a municipality,

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1		city, county, or incorporated area from making laws or
2		ordinances that are more stringent than those contained in this
3		Act.
4		(Source: P.A. 97-965, eff. 8-15-12.)
5		(225 ILCS 335/11.5)
6		(Section scheduled to be repealed on January 1, 2016)
7		Sec. 11.5. Board. The Roofing Advisory Board is created and
8		shall consist of 8 persons, one of whom is a knowledgeable
9		public member and 7 of whom are (i) designated as the
10		qualifying party of a licensed roofing contractor or (ii)
11		legally qualified to act for the business organization on
12		behalf of the licensee in all matters connected with its
13		roofing contracting business, have the authority to supervise
14		roofing installation operations, and actively engaged in
15		day-to-day activities of the business organization for a
16		licensed roofing contractor have been issued licenses as
17		roofing contractors by the Department. One of the 7 nonpublic
18		members licensed roofing contractors on the Board shall
19		represent a statewide association representing home builders
20		and another of the 7 nonpublic members licensed roofing
21		contractors shall represent an association predominately
22		representing retailers. The public member shall not be licensed
23		under this Act or any other Act the Department administers.
24		Each member shall be appointed by the Secretary Director. Five
25		members of the Board shall constitute a quorum. A quorum is

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1		required for all Board decisions. Members shall be appointed
2		who reasonably represent the different geographic areas of the
3		State. A quorum of the Board shall consist of the majority of
4		Board members appointed.
5		Members of the Roofing Advisory Board shall be immune from
6		suit in any action based upon any disciplinary proceedings or
7		other acts performed in good faith as members of the Roofing
8		Advisory Board, unless the conduct that gave rise to the suit
9		was willful and wanton misconduct.
10		The persons appointed shall hold office for 4 years and
11		until a successor is appointed and qualified. The initial terms
12		shall begin July 1, 1997. Of the members of the Board first
13		appointed, 2 shall be appointed to serve for 2 years, 2 shall
14		be appointed to serve for 3 years, and 3 shall be appointed to
15		serve for 4 years. No member shall serve more than 2 complete 4
16		year terms.
17		The Secretary shall have the authority to remove or suspend
18		any member of the Board for cause at any time before the
19		expiration of his or her term. The Secretary shall be the sole
20		arbiter of cause.
21		The Secretary Within 90 days of a vacancy occurring, the
22		Director shall fill a the vacancy for the unexpired portion of
23		the term with an appointee who meets the same qualifications as
24		the person whose position has become vacant. The Board shall
25		meet annually to elect one member as chairman and one member as
26		vice-chairman. No officer shall be elected more than twice in

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1		succession to the same office. The members of the Board shall
2		receive reimbursement for actual, necessary, and authorized
3		expenses incurred in attending the meetings of the Board.
4		(Source: P.A. 94-254, eff. 7-19-05.)
5		(225 ILCS 335/11.6 new)
6		Sec. 11.6. Confidentiality. All information collected by
7		the Department in the course of an examination or investigation
8		of a licensee or applicant, including, but not limited to, any
9		complaint against a licensee filed with the Department and
10		information collected to investigate any such complaint, shall
11		be maintained for the confidential use of the Department and
12		shall not be disclosed. The Department may not disclose the
13		information to anyone other than law enforcement officials,
14		other regulatory agencies that have an appropriate regulatory
15		interest as determined by the Secretary, or a party presenting
16		a lawful subpoena to the Department. Information and documents
17		disclosed to a federal, State, county, or local law enforcement
18		agency shall not be disclosed by the agency for any purpose to
19		any other agency or person. A formal complaint filed against a
20		licensee by the Department or any order issued by the
21		Department against a licensee or applicant shall be a public
22		record, except as otherwise prohibited by law.
23		(225 ILCS 335/11.7 new)
24		Sec. 11.7. Order or certified copy; prima facie proof. An

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1		order or a certified copy thereof, over the seal of the
2		Department and purporting to be signed by the Secretary, shall
3		be prima facie proof that:
4		(1) the signature is the genuine signature of the
5		Secretary; and
6		(2) the Secretary is duly appointed and qualified.
7		(225 ILCS 335/11.8 new)
8		Sec. 11.8. Surrender of license. Upon the revocation or
9		suspension of any license, the licensee shall immediately
10		surrender the license or licenses to the Department. If the
11		licensee fails to do so, the Department shall have the right to
12		seize the license.
13		(225 ILCS 335/11.9 new)
14		Sec. 11.9. Suspension of license for failure to pay
15		restitution. The Department, without further process or
16		hearing, shall suspend the license or other authorization to
17		practice of any person issued under this Act who has been
18		certified by court order as not having paid restitution to a
19		person under Section 8A-3.5 of the Illinois Public Aid Code or
20		under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
21		the Criminal Code of 2012. A person whose license or other
22		authorization to practice is suspended under this Section is
23		prohibited from practicing until the restitution is made in
24		full.

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1		(225 ILCS 335/11.10 new)
2		Sec. 11.10. Citations.
3		(a) The Department may adopt rules to permit the issuance
4		of citations for non-frivolous complaints. The citation shall
5		list the person's name and address, a brief factual statement,
6		the Sections of the Act or rules allegedly violated, the
7		penalty imposed, and, if applicable, the licensee's license
8		number. The citation must clearly state that the person may
9		choose, in lieu of accepting the citation, to request a
10		hearing. If the person does not dispute the matter in the
11		citation with the Department within 30 days after the citation
12		is served, then the citation shall become a final order and
13		shall constitute discipline. The penalty shall be a fine or
14		other conditions as established by rule.
15		(b) The Department shall adopt rules designating
16		violations for which a citation may be issued. Such rules shall
17		designate as citation violations those violations for which
18		there is no substantial threat to the public health, safety,
19		and welfare. Citations shall not be utilized if there was any
20		significant consumer harm resulting from the violation.
21		(c) A citation must be issued within 6 months after the
22		reporting of a violation that is the basis for the citation.
23		(d) Service of a citation may be made by personal service
24		or certified mail to the person at the person's last known
25		address of record or, if applicable, the licensee's address of

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1		record.
2		(225 ILCS 335/8 rep.)
3		(225 ILCS 335/9.12 rep.)
4		(225 ILCS 335/10b rep.)
5		Section 15. The Illinois Roofing Industry Licensing Act is
6		amended by repealing Sections 8, 9.12, and 10b.
7		Section 99. Effective date. This Act takes effect upon
8		becoming law.
SB0838 Engrossed - 52 - LRB099 04219 HAF 24241 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.26 4 5 ILCS 80/4.36 new 5 225 ILCS 335/2 from Ch. 111, par. 7502 6 225 ILCS 335/2.1 from Ch. 111, par. 7502.1 7 225 ILCS 335/3 from Ch. 111, par. 7503 8 225 ILCS 335/3.5 9 225 ILCS 335/4.5 10 225 ILCS 335/5 from Ch. 111, par. 7505 11 225 ILCS 335/5.1 12 225 ILCS 335/5.5 13 225 ILCS 335/6 from Ch. 111, par. 7506 14 225 ILCS 335/7 from Ch. 111, par. 7507 15 225 ILCS 335/9 from Ch. 111, par. 7509 16 225 ILCS 335/9.1 from Ch. 111, par. 7509.1 17 225 ILCS 335/9.2 from Ch. 111, par. 7509.2 18 225 ILCS 335/9.3 from Ch. 111, par. 7509.3 19 225 ILCS 335/9.4 from Ch. 111, par. 7509.4 20 225 ILCS 335/9.5 from Ch. 111, par. 7509.5 21 225 ILCS 335/9.6 from Ch. 111, par. 7509.6 22 225 ILCS 335/9.7 from Ch. 111, par. 7509.7 23 225 ILCS 335/9.8 from Ch. 111, par. 7509.8 24 225 ILCS 335/9.9a 25 225 ILCS 335/9.10 from Ch. 111, par. 7509.10 SB0838 Engrossed - 53 - LRB099 04219 HAF 24241 b