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1 AN ACT concerning regulation.


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

3represented in the General Assembly:



4 Section 5. The Regulatory Sunset Act is amended by 
5changing Section 4.32 and by adding Section 4.41 as follows:

6 (5 ILCS 80/4.32)
7 Sec. 4.32. Acts repealed on January 1, 2022. The following 
8Acts are repealed on January 1, 2022:
9 The Boxing and Full-contact Martial Arts Act. 
10 The Cemetery Oversight Act. 
11 The Collateral Recovery Act.
12 The Community Association Manager Licensing and 
13Disciplinary Act. 
14 The Crematory Regulation Act. 
15 The Detection of Deception Examiners Act.

16 The Home Inspector License Act.

17 The Illinois Health Information Exchange and Technology 
18Act. 
19 The Medical Practice Act of 1987. 
20 The Registered Interior Designers Act.

21 The Massage Licensing Act.

22 The Petroleum Equipment Contractors Licensing Act.

23 The Radiation Protection Act of 1990. 
 
 
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1 The Real Estate Appraiser Licensing Act of 2002.
2 The Water Well and Pump Installation Contractor's License 
3Act. 
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; 
5101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)

6 (5 ILCS 80/4.41 new)
7 Sec. 4.41. Act repealed on January 1, 2032. The following 
8Act is repealed on January 1, 2032:
9 The Detection of Deception Examiners Act. 

10 Section 10. The Detection of Deception Examiners Act is 
11amended by changing Sections 1, 7.1, 7.3, 17, and 20 and by 
12adding Section 10.2 as follows:

13 (225 ILCS 430/1) (from Ch. 111, par. 2401)

14 (Section scheduled to be repealed on January 1, 2022)


15 Sec. 1. Definitions.  As used in this Act, unless the 
16context otherwise
requires:


17 "Address of record Record" means the designated address 
18recorded by the Department in the applicant's or licensee's 
19application file or license file as maintained by the 
20Department's licensure maintenance unit. It is the duty of the 
21applicant or licensee to inform the Department of any change 
22of address and those changes must be made either through the 
23Department's website or by contacting the Department. 
 
 
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1 "Detection of Deception Examination", hereinafter referred

2to as "Examination" means any examination in which a device or 
3instrument
is used to test or question individuals for the 
4purpose of evaluating
truthfulness or untruthfulness.


5 "Email address of record" means the designated email 
6address recorded by the Department in the applicant's 
7application file or the licensee's license file, as maintained 
8by the Department's licensure maintenance unit. 
9 "Examiner" means any person licensed under this Act.


10 "Person" includes any natural person, partnership, 
11association,
corporation or trust.


12 "Department" means the Department of Financial and 
13Professional Regulation.


14 "Law enforcement agency" means an agency of the State or a 
15unit of local
government that is vested by law or ordinance 
16with the power to maintain public
order and to
enforce 
17criminal laws and ordinances.


18 "Secretary" means the Secretary of Financial and 
19Professional Regulation. 
20(Source: P.A. 97-168, eff. 7-22-11.)





21 (225 ILCS 430/7.1) (from Ch. 111, par. 2408)



22 (Section scheduled to be repealed on January 1, 2022)

23 Sec. 7.1. Administrative Procedure Act. The Illinois 
24Administrative
Procedure Act is hereby expressly adopted and 
25incorporated herein as if all of
the provisions of that Act 
 
 
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1were included in this Act, except that the provision
of 
2subsection (d) of Section 10-65 of the Illinois Administrative 
3Procedure Act
that provides that at hearings the licensee has 
4the right to show compliance
with all lawful requirements for 
5retention, continuation, or renewal of the
license is 
6specifically excluded. For the purposes of this Act, the 
7notice
required under Section 10-25 of the Illinois 
8Administrative Procedure Act is deemed
sufficient when mailed 
9or emailed to the last known address of a party.

10(Source: P.A. 100-201, eff. 8-18-17.)





11 (225 ILCS 430/7.3)



12 (Section scheduled to be repealed on January 1, 2022)

13 Sec. 7.3. Appointment of a Hearing Officer. The Secretary 
14has the
authority to appoint an attorney, licensed to practice 
15law in the State of
Illinois, to serve as a Hearing Officer in 
16any action for refusal to issue or
renew a license or to 
17discipline a license. The Hearing Officer has full
authority 
18to conduct the hearing. The appointed Detection of Deception

19Coordinator may attend hearings and advise the Hearing Officer 
20on technical
matters involving Detection of Deception 
21examinations.

22(Source: P.A. 97-168, eff. 7-22-11.)


23 (225 ILCS 430/10.2 new)
24 Sec. 10.2. Address of record; email address of record.  
 
 
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1All applicants and licensees shall:
2  (1) provide a valid address and email address to
the 
3 Department, which shall serve as the address of record and 
4 email address of record, respectively, at the time of 
5 application for licensure or renewal of a license; and
6  (2) inform the Department of any change of address
of 
7 record or email address of record within 14 days after 
8 such change either through the Department's website or by 
9 contacting the Department's licensure maintenance unit. 




10 (225 ILCS 430/17) (from Ch. 111, par. 2418)



11 (Section scheduled to be repealed on January 1, 2022)

12 Sec. 17. Investigations; notice and hearing. The 
13Department may investigate the actions of any applicant or any

14person or
persons rendering or offering to render detection of 
15deception services or any person holding or claiming to hold a 
16license as a licensed examiner. The Department shall, before

17refusing to issue or renew a license or to discipline a 
18licensee under Section 14, at
least 30 days prior to the date 
19set for the hearing, (i) notify the accused in
writing of the 
20charges made and the time and place for the hearing on the 
21charges, (ii) direct him or her to file a written answer with 
22the
Department under
oath within 20 days after the service of 
23the notice, and (iii) inform the applicant
or licensee that 
24failure to file an answer will result in default being
taken 
25against the applicant or licensee. At the time and place fixed 
 
 
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1in the notice, the Department shall proceed to hear the 
2charges and the parties or their counsel shall be accorded 
3ample opportunity to present any pertinent statements, 
4testimony, evidence, and arguments. The Department may 
5continue the hearing from time to time. In case the person, 
6after receiving the notice, fails to file an answer, his or her 
7license, may, in the discretion of the Department, be revoked, 
8suspended, placed on probationary status, or the Department 
9may take whatever disciplinary action considered proper, 
10including limiting the scope, nature, or extent of the 
11person's practice or the imposition of a fine, without a 
12hearing, if the act or acts charged constitute sufficient 
13grounds for that action under the Act. The written notice may 
14be served by email, by personal delivery, or by certified mail 
15to the accused's address of record.

16(Source: P.A. 97-168, eff. 7-22-11.)





17 (225 ILCS 430/20) (from Ch. 111, par. 2421)



18 (Section scheduled to be repealed on January 1, 2022)

19 Sec. 20. 
Any person affected by a final administrative 
20decision of the
Department may have such decision reviewed 
21judicially by the circuit court
of the county wherein such 
22person resides. If the plaintiff in the review
proceeding is 
23not a resident of this State, the venue shall be in Sangamon

24County. The provisions of the Administrative Review Law, and 
25all amendments
and modifications thereof, and the rules 
 
 
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1adopted pursuant thereto, shall
apply to and govern all 
2proceedings for the judicial review of final administrative

3decisions of the Department hereunder. The term 
4"administrative decision"
is defined as in Section 3-101 of 
5the Code of Civil Procedure.

6 The Department shall not be required to certify any record 
7to the court
or file any answer in court or otherwise appear in 
8any court in a judicial Judicial
review proceeding, unless and 
9until the Department has received from the plaintiff payment 
10of the costs of
furnishing and certifying the record which 
11costs shall be determined by the Department. Exhibits shall be 
12certified
without cost. Failure on the part of the plaintiff 
13to file a receipt in
court is grounds for dismissal of the 
14action.

15(Source: P.A. 97-168, eff. 7-22-11.)



16 (225 ILCS 430/7.2 rep.)


17 (225 ILCS 430/16 rep.)

18 Section 15. The Detection of Deception Examiners Act is 
19amended by repealing Sections 7.2 and 16.


20 Section 99. Effective date. This Act takes effect January 
211, 2022, except that this Section and Section 5 take effect 
22upon becoming law.

 
 
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1
INDEX

2
Statutes amended in order of appearance