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91_SB0127enr
SB127 Enrolled LRB9102230ACtm
1 AN ACT concerning professional engineers.
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
5 changing Section 4.10 and adding Section 4.20 as follows:
6 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
7 Sec. 4.10. The following Acts are repealed December 31,
8 1999:
9 The Fire Equipment Distributor and Employee Regulation
10 Act.
11 The Professional Engineering Practice Act of 1989.
12 The Structural Engineering Licensing Act of 1989.
13 The Illinois Architecture Practice Act of 1989.
14 The Illinois Landscape Architecture Act of 1989.
15 The Illinois Professional Land Surveyor Act of 1989.
16 The Land Sales Registration Act of 1989.
17 The Real Estate License Act of 1983.
18 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
19 86-1007; 86-1028.)
20 (5 ILCS 80/4.20 new)
21 Sec. 4.20. Act repealed on January 1, 2010. The
22 following Act is repealed on January 1, 2010:
23 The Professional Engineering Practice Act of 1989.
24 Section 10. The Professional Engineering Practice Act of
25 1989 is amended by changing Sections 4, 5, 6, 7, 8, 10, 12,
26 14, 15, 20, 23, 24, and 44 and by adding Section 17.5 as
27 follows:
28 (225 ILCS 325/4) (from Ch. 111, par. 5204)
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1 Sec. 4. Definitions. As used in this Act:
2 (a) "Approved engineering curriculum" means an
3 engineering curriculum of 4 academic years or more which
4 meets the standards established by the rules of the
5 Department.
6 (b) "Board" means the State Board of Professional
7 Engineers of the Department of Professional Regulation,
8 previously known as the Examining Committee.
9 (c) "Department" means the Department of Professional
10 Regulation.
11 (d) "Design professional" means an architect, structural
12 engineer or professional engineer practicing in conformance
13 with the Illinois Architecture Practice Act of 1989, the
14 Structural Engineering Licensing Act of 1989 or the
15 Professional Engineering Practice Act of 1989.
16 (e) "Director" means the Director of Professional
17 Regulation.
18 (f) "Direct supervision/responsible charge" means work
19 prepared under the control of a licensed professional
20 engineer or that work as to which that professional engineer
21 has detailed professional knowledge.
22 (g) "Engineering college" means a school, college,
23 university, department of a university or other educational
24 institution, reputable and in good standing in accordance
25 with rules prescribed by the Department, and which grants
26 baccalaureate degrees in engineering.
27 (h) "Engineering system or facility" means a system or
28 facility whose design is based upon the application of the
29 principles of science for the purpose of modification of
30 natural states of being.
31 (i) "Engineer intern" means a person who is a candidate
32 for licensure as a professional engineer and who has been
33 enrolled as an engineer intern.
34 (j) "Enrollment" means an action by the Department to
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1 record those individuals who have met the Board's
2 requirements for an engineer intern.
3 (k) "License" means an official document issued by the
4 Department to an individual, a corporation, or a partnership,
5 a professional service corporation, a limited liability
6 company, or a sole proprietorship, signifying authority to
7 practice.
8 (l) "Negligence in the practice of professional
9 engineering" means the failure to exercise that degree of
10 reasonable professional skill, judgment and diligence
11 normally rendered by professional engineers in the practice
12 of professional engineering.
13 (m) "Professional engineer" means a person licensed
14 under the laws of the State of Illinois to practice
15 professional engineering.
16 (n) "Professional engineering" means the application of
17 science to the design of engineering systems and facilities
18 using the knowledge, skills, ability and professional
19 judgment developed through professional engineering
20 education, training and experience.
21 (o) "Professional engineering practice" means the
22 consultation on, conception, investigation, evaluation,
23 planning, and design of, and selection of materials and
24 methods to be used in, administration of construction
25 contracts for, or site observation of an engineering system
26 or facility, where such consultation, conception,
27 investigation, evaluation, planning, design, selection,
28 administration, or observation requires extensive knowledge
29 of engineering laws, formulae, materials, practice, and
30 construction methods. A person shall be construed to
31 practice or offer to practice professional engineering,
32 within the meaning and intent of this Act, who practices, or
33 who, by verbal claim, sign, advertisement, letterhead, card,
34 or any other way, is represented to be a professional
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1 engineer, or through the use of the initials "P.E." or the
2 title "engineer" or any of its derivations or some other
3 title implies licensure as a professional engineer, or holds
4 himself out as able to perform any service which is
5 recognized as professional engineering practice.
6 Examples of the practice of professional engineering
7 include, but need not be limited to, transportation
8 facilities and publicly owned utilities for a region or
9 community, railroads, railways, highways, subways, canals,
10 harbors, river improvements; irrigation works; aircraft,
11 airports and landing fields; waterworks, piping systems and
12 appurtenances, sewers, sewage disposal works; plants for the
13 generation of power; devices for the utilization of power;
14 boilers; refrigeration plants, air conditioning systems and
15 plants; heating systems and plants; plants for the
16 transmission or distribution of power; electrical plants
17 which produce, transmit, distribute, or utilize electrical
18 energy; works for the extraction of minerals from the earth;
19 plants for the refining, alloying or treating of metals;
20 chemical works and industrial plants involving the use of
21 chemicals and chemical processes; plants for the production,
22 conversion, or utilization of nuclear, chemical, or radiant
23 energy; forensic engineering, geotechnical engineering
24 including, subsurface investigations; soil classification,
25 geology and geohydrology, incidental to the practice of
26 professional engineering; energy analysis, environmental
27 design, hazardous waste mitigation and control; recognition,
28 measurement, evaluation and control of environmental systems
29 and emissions; automated building management systems; or the
30 provision of professional engineering site observation of the
31 construction of works and engineering systems. Nothing
32 contained in this Section imposes upon a person licensed
33 under this Act the responsibility for the performance of any
34 of the foregoing functions unless such person specifically
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1 contracts to provide it.
2 (p) "Project representative" means the professional
3 engineer's representative at the project site who assists in
4 the administration of the construction contract.
5 (q) "Registered" means the same as "licensed" for
6 purposes of this Act.
7 (r) "Related science curriculum" means a 4 year program
8 of study, the satisfactory completion of which results in a
9 Bachelor of Science degree, and which contains courses from
10 such areas as life, earth, engineering and computer sciences,
11 including but not limited to, physics and chemistry. In the
12 study of these sciences, the objective is to acquire
13 fundamental knowledge about the nature of its phenomena,
14 including quantitative expression, appropriate to particular
15 fields of engineering.
16 (s) "Rules" means those rules promulgated pursuant to
17 this Act.
18 (t) "Seal" means the seal in compliance with Section 14
19 of this Act.
20 (u) "Site observation" is visitation of the construction
21 site for the purpose of reviewing, as available, the quality
22 and conformance of the work to the technical submissions as
23 they relate to design.
24 (v) "Support design professional" means a professional
25 engineer practicing in conformance with the Professional
26 Engineering Practice Act of 1989, who provides services to
27 the design professional who has contract responsibility.
28 (w) "Technical submissions" means designs, drawings, and
29 specifications which establish the standard of quality for
30 materials, workmanship, equipment, and the construction
31 systems, studies, and other technical reports prepared in the
32 course of a design professional's practice.
33 (Source: P.A. 88-372.)
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1 (225 ILCS 325/5) (from Ch. 111, par. 5205)
2 Sec. 5. Powers and duties of the Department. Subject to
3 the provisions of this Act, the Department shall exercise the
4 following functions, powers and duties:
5 (a) To pass upon the qualifications and conduct
6 examinations of applicants for licensure as professional
7 engineers or enrollment as engineer interns and pass upon the
8 qualifications of applicants by endorsement and issue a
9 license or enrollment to those who are found to be fit and
10 qualified;
11 (b) To prescribe rules for the method, conduct and
12 grading of the examination of applicants;
13 (c) To license corporations, and partnerships,
14 professional service corporations, limited liability
15 companies, and sole proprietorships for the practice of
16 professional engineering and issue a license to those who
17 qualify;
18 (d) To conduct investigations and hearings regarding
19 violations of this Act and take disciplinary or other actions
20 as provided in this Act as a result of the proceedings;
21 (e) To prescribe rules as to what shall constitute an
22 engineering or related science curriculum and to determine if
23 a specific engineering curriculum is in compliance with the
24 rules, and to terminate the approval of a specific
25 engineering curriculum for non-compliance with such rules;
26 (f) To promulgate rules required for the administration
27 of this Act, including rules of professional conduct;
28 (g) To maintain membership in the National Council of
29 Examiners for Engineering and Surveying and participate in
30 activities of the Council by designation of individuals for
31 the various classifications of membership, the appointment of
32 delegates for attendance at zone and national meetings of the
33 Council, and the funding of the delegates for attendance at
34 the meetings of the Council; and
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1 (h) To obtain written recommendations from the Board
2 regarding qualifications of individuals for licensure and
3 enrollment, definitions of curriculum content and approval of
4 engineering curricula, standards of professional conduct and
5 formal disciplinary actions, and the promulgation of the
6 rules affecting these matters.
7 Prior to issuance of any final decision or order that
8 deviates from any report or recommendations of the Board
9 relating to the qualification of applicants, discipline of
10 licensees or registrants, or promulgation of rules, the
11 Director shall notify the Board in writing with an
12 explanation of any such deviation and provide a reasonable
13 time for the Board to submit written comments to the Director
14 regarding the proposed action. In the event that the Board
15 fails or declines to submit such written comments within 30
16 days of said notification, the Director may issue a final
17 decision or orders consistent with the Director's original
18 decision. The Department may at any time seek the expert
19 advice and knowledge of the Board on any matter relating to
20 the enforcement of this Act.
21 None of the functions, powers or duties enumerated in
22 this Section shall be exercised by the Department except upon
23 the action and report in writing of the Board.
24 (Source: P.A. 89-61, eff. 6-30-95.)
25 (225 ILCS 325/6) (from Ch. 111, par. 5206)
26 Sec. 6. Composition, qualifications and terms of the
27 Board. (a) The Board shall be appointed by the Director and
28 shall consist of 10 members, one of whom shall be a public
29 member and 9 of whom shall be professional engineers licensed
30 under this Act. In addition each member who is a
31 professional engineer shall:
32 (1) be a citizen of the United States, and
33 (2) be a resident of this State.
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1 (b) In addition, each member who is a professional
2 engineer shall:
3 (1) have not less than 12 years of experience in the
4 practice of professional engineering, and shall hold an
5 active license as a professional engineer in Illinois;
6 (2) have been in charge of professional engineering work
7 for at least 5 years. For the purposes of this Section, any
8 period in which a person has been in charge of teaching
9 engineering in an engineering college with the rank of
10 assistant professor or higher shall be considered as time in
11 which such person was in charge of professional engineering
12 work.
13 The terms for all members shall be for 5 years. On the
14 expiration of the term of any member or in the event of a
15 vacancy, the Director shall appoint a member who shall hold
16 office until the expiration of the term for which the member
17 is appointed and until a successor has been appointed and
18 qualified.
19 No member shall be reappointed to the Board for a term
20 which would cause that individual's continuous service on the
21 Board to be longer than 15 successive years.
22 In implementing the 5 year terms, the Director shall vary
23 the terms to enable the Board to have no more than 2 terms
24 expire in any one year.
25 The public member shall not be an employee of the State
26 of Illinois. The public member shall be an Illinois resident
27 and a citizen of the United States.
28 In making appointments to the Board, the Director shall
29 give due consideration to recommendations by members of the
30 profession and by organizations therein.
31 The Director may remove any member of the Board for
32 misconduct, incompetence, neglect of duty or for reasons
33 prescribed by law for removal of State officials.
34 The Director may remove a member of the Board who does
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1 not attend 2 consecutive meetings. An appointment to fill a
2 vacancy thus created shall be to fill the unexpired term of
3 office and shall be in accordance with this Section.
4 A quorum of the Board shall consist of not less than 6
5 members. a majority of Board members appointed. Majority
6 vote of the quorum is required for Board decisions.
7 Each member of the Board shall receive compensation when
8 attending Board meetings or meetings approved by the Director
9 and shall be reimbursed for all actual traveling expenses.
10 Members of the Board shall be immune from suit in any
11 action based upon any disciplinary proceedings or other
12 activities performed in good faith as members of the Board.
13 Persons holding office as members of the Board
14 immediately prior to the effective date of this Act under the
15 Act repealed herein shall continue as members of the Board
16 until the expiration of the term for which they were
17 appointed and until their successors are appointed and
18 qualified.
19 (Source: P.A. 86-667.)
20 (225 ILCS 325/7) (from Ch. 111, par. 5207)
21 Sec. 7. Powers and duties of the Board. Subject to the
22 provisions of this Act, the Board shall exercise the
23 following functions, powers and duties:
24 (a) Review education and experience qualifications
25 of applicants, including conducting oral interviews as
26 deemed necessary by the Board, to determine eligibility
27 as an engineer intern or professional engineer and submit
28 to the Director written recommendations on applicant
29 qualifications for enrollment and licensure;
30 (b) The Board may appoint a subcommittee to serve
31 as a Complaint Committee to recommend the disposition of
32 case files according to procedures established by rule;
33 (c) Conduct hearings regarding disciplinary actions
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1 and submit a written report and recommendations to the
2 Director as required by this Act and to provide a Board
3 member at informal conferences;
4 (d) Make visits to universities or colleges to
5 evaluate engineering curricula or to otherwise evaluate
6 engineering curricula and submit to the Director a
7 written recommendation of acceptability of a curriculum;
8 (e) Submit a written recommendation to the Director
9 concerning promulgation of rules as required in Section 5
10 and to recommend to the Director any rules or amendments
11 thereto for the administration of this Act;
12 (f) Hold at least 3 regular meetings each year; and
13 .
17 (h) Submit written comments to the Director within
18 30 days from notification of any final decision or order
19 from the Director that deviates from any report or
20 recommendation of the Board relating to the qualification
21 of applicants, discipline of licensees or registrants, or
22 promulgation of rules.
23 Prior to issuance of any final decision or order which
24 deviates from any report or recommendation of the Board
25 relating to the qualification of applicants, discipline of
26 licensees or registrants, or promulgation of rules, the
27 Director shall notify the Board and the Secretary of State in
28 writing with an explanation of any such deviation and provide
29 a reasonable time for the Board to submit written comments to
30 the Director regarding the proposed action. In the event
31 that the Board fails or declines to submit such written
32 comments within 30 days of said notification, the Director
33 may issue a final decision or order consistent with the
34 Director's original decision. The Department may at any time
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1 seek the expert advice and knowledge of the Board on any
2 matter relating to the enforcement of this Act.
3 (Source: P.A. 88-428.)
4 (225 ILCS 325/8) (from Ch. 111, par. 5208)
5 Sec. 8. Applications for licensure. (a) Applications
6 for licensure shall (1) be on forms prescribed and furnished
7 by the Department, (2) contain statements made under oath
8 showing the applicant's education and a detailed summary of
9 the applicant's technical work, and (3) contain references as
10 required by the Department.
11 (b) Applicants shall have obtained the education and
12 experience as required in Section 10 or Section 11 prior to
13 submittal of application for examination, except as provided
14 in subsection (b) of Section 11. Allowable experience shall
15 commence at the date of the baccalaureate degree, except:
16 (1) Credit for one year of experience shall be given for
17 a graduate of a baccalaureate curriculum providing a
18 cooperative program, which is supervised industrial or field
19 experience of at least one academic calendar year which
20 alternates with periods of full-time academic training, when
21 such program is certified by the university, or
22 (2) Credit shall be given for professional engineering
23 experience as defined by rule for employment prior to receipt
24 of a baccalaureate degree if the employment is full-time
25 while the applicant takes 8 or more years (16 semesters or 24
26 quarters minimum) as a part-time student to earn the degree
27 concurrent with the employment.
28 The Board may conduct oral interviews of any applicant
29 under Sections 10, 11 or 19 to assist in the evaluation of
30 the qualifications of the applicant.
31 It is the responsibility of the applicant to supplement
32 the application, when requested by the Board, by provision of
33 additional documentation of education, including transcripts,
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1 course content and credentials of the engineering college or
2 college granting related science degrees, or of work
3 experience to permit the Board to determine the
4 qualifications of the applicant. The Department may require
5 an applicant, at the applicant's expense, to have an
6 evaluation of the applicant's education in a foreign country
7 by a nationally recognized educational body approved by the
8 Board in accordance with rules prescribed by the Department.
9 An applicant who graduated from an engineering program
10 outside the United States or its territories and whose first
11 language is not English shall submit certification of passage
12 of the Test of English as a Foreign Language (TOEFL) and the
13 Test of Spoken English (TSE) as defined by rule before taking
14 the licensure examination.
15 (Source: P.A. 89-61, eff. 6-30-95.)
16 (225 ILCS 325/10) (from Ch. 111, par. 5210)
17 Sec. 10. Minimum standards for examination for licensure
18 as professional engineer. To qualify for licensure as a
19 professional engineer each applicant shall be:
20 (a) A graduate of an approved engineering curriculum of
21 at least 4 years who submits acceptable evidence to the Board
22 of an additional 4 years or more of experience in engineering
23 work of a grade and character which indicate that the
24 individual may be competent to practice professional
25 engineering, and who then passes a nominal 8-hour written
26 examination in the fundamentals of engineering, and a nominal
27 8-hour written examination in the principles and practice of
28 engineering. Upon passing both examinations, the applicant,
29 if otherwise qualified, shall be granted a license to
30 practice professional engineering in this State; or
31 (b) A graduate of a non-approved engineering curriculum
32 or a related science curriculum of at least 4 years and
33 meeting the requirements as set forth by rule, who submits
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1 acceptable evidence to the Board of an additional 8 years or
2 more of experience in engineering work of a grade and
3 character which indicate that the individual may be competent
4 to practice professional engineering, and who then passes a
5 nominal 8-hour written examination in the fundamentals of
6 engineering and a nominal 8-hour written examination in the
7 principles and practice of engineering. Upon passing both
8 examinations, the applicant, if otherwise qualified, shall be
9 granted a license to practice professional engineering in
10 this State; or
11 (c) An engineer intern who meets the education and
12 experience qualifications of subsection (a) or (b) of this
13 Section and has passed the nominal 8-hour written examination
14 in the fundamentals of engineering, by application and
15 payment of the required fee, may then take the nominal 8-hour
16 written examination in the principles and practice of
17 engineering. Upon passing that examination, the applicant,
18 if otherwise qualified, shall be granted a license to
19 practice professional engineering in this State.
20 (d) When considering an applicant's qualifications for
21 licensure under this Act, the Department may take into
22 consideration whether an applicant has engaged in conduct or
23 actions that would constitute a violation of the Standards of
24 Professional Conduct for this Act as provided for by
25 administrative rules.
26 (Source: P.A. 89-61, eff. 6-30-95.)
27 (225 ILCS 325/12) (from Ch. 111, par. 5212)
28 Sec. 12. Educational credits or teaching as equivalent
29 of experience. (a) After earning an acceptable baccalaureate
30 degree as required by subsection (a) or (b) of Section 10
31 in engineering or related science and upon completion of a
32 Master's degree in engineering, the applicant may receive one
33 year of experience credit. Upon completion of a Ph.D. in
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1 engineering, an applicant may receive an additional year
2 experience credit for a maximum of 2 years.
3 (b) Teaching engineering subjects in an engineering
4 college is considered experience in engineering.
5 (c) (Blank). For an individual applying for licensure as
6 a professional engineer under subsection (a) or (b) of
7 Section 10, the examination for the fundamentals of
8 engineering shall be waived, if application is made before
9 January 1, 1994, for those individuals who have:
10 (1) a doctoral degree from an approved graduate
11 engineering program, and
12 (2) demonstrated, in accordance with standards set by
13 rule, a broad knowledge of the fundamentals of engineering,
14 by course work gained either in a baccalaureate, masters, or
15 doctoral program.
16 (Source: P.A. 86-667.)
17 (225 ILCS 325/14) (from Ch. 111, par. 5214)
18 Sec. 14. Seal. Every professional engineer shall have a
19 seal or stamp, the print impression of which shall be
20 reproducible and contain the name of the professional
21 engineer, the professional engineer's license number, and the
22 words "Licensed Registered Professional Engineer of
23 Illinois". Any reproducible seal or stamp heretofore
24 authorized under the laws of this state for use by a
25 professional engineer, including those with the words
26 "Registered Professional Engineer of Illinois", shall serve
27 the same purpose as the seal provided for by this Act. When
28 technical submissions are prepared utilizing a computer or
29 other electronic means, the seal may be generated by the
30 computer. Signatures generated by computer shall not be
31 permitted.
32 The professional engineer who has contract responsibility
33 shall seal a cover sheet of the technical submissions, and
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1 those individual portions of the technical submissions for
2 which the professional engineer is legally and professionally
3 responsible. The professional engineer practicing as the
4 support design professional shall seal those individual
5 portions of technical submissions for which the professional
6 engineer is legally and professionally responsible.
7 The use of a professional engineer's seal on technical
8 submissions constitutes a representation by the professional
9 engineer that the work has been prepared by or under the
10 personal supervision of the professional engineer or
11 developed in conjunction with the use of accepted engineering
12 standards. The use of the seal further represents that the
13 work has been prepared and administered in accordance with
14 the standards of reasonable professional skill and diligence.
15 It is unlawful to affix one's seal to technical
16 submissions if it masks the true identity of the person who
17 actually exercised direction, control and supervision of the
18 preparation of such work. A professional engineer who seals
19 and signs technical submissions is not responsible for damage
20 caused by subsequent changes to or uses of those technical
21 submissions, where the subsequent changes or uses, including
22 changes or uses made by State or local governmental agencies,
23 are not authorized or approved by the professional engineer
24 who originally sealed and signed the technical submissions.
25 (Source: P.A. 88-372.)
26 (225 ILCS 325/15) (from Ch. 111, par. 5215)
27 Sec. 15. Technical submissions. All technical
28 submissions prepared by or under the personal supervision of
29 a professional engineer shall bear that professional
30 engineer's seal, signature, and license expiration date. The
31 licensee's written signature and date of signing, along with
32 the date of license expiration, shall be placed adjacent to
33 the seal. Computer generated signatures are not permitted.
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1 All technical submissions intended for use in
2 construction in the State of Illinois shall be prepared and
3 administered in accordance with standards of reasonable
4 professional skill and diligence. Care shall be taken to
5 reflect the requirements of State statutes and, where
6 applicable, county and municipal ordinances in such
7 documents. In recognition that professional engineers are
8 licensed for the protection of the public health, safety and
9 welfare, documents shall be of such quality and scope, and be
10 so administered as to conform to professional standards.
11 (Source: P.A. 89-61, eff. 6-30-95.)
12 (225 ILCS 325/17.5 new)
13 Sec. 17.5. Continuing education. The Department may
14 promulgate rules of continuing education for persons licensed
15 under this Act. The Department shall consider the
16 recommendations of the Board in establishing the guidelines
17 for the continuing education requirements. The requirements
18 of this Section apply to any person seeking renewal or
19 restoration under Section 17 or 18 of this Act.
20 (225 ILCS 325/20) (from Ch. 111, par. 5220)
21 Sec. 20. Fees.
22 (a) The Department shall provide by rule for a schedule
23 of fees to be paid for licenses by all applicants. All fees
24 are not refundable.
25 (b) The fees for the administration and enforcement of
26 this Act, including but not limited to original licensure,
27 renewal, and restoration, shall be set by rule by the
28 Department. The following fees are not refundable:
29 (a) Certificate of engineer intern.
30 (1) The fee for application for a certificate of
31 enrollment is $20.
32 (2) In addition, applicants for any examination
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1 shall be required to pay, either to the Department or to
2 the designated testing service, a fee covering the cost
3 of providing the examination. Failure to appear for the
4 examination on the scheduled date, at the time and place
5 specified, after the applicant's application for each
6 examination has been received and acknowledged by the
7 Department or the designated testing service, shall
8 result in the forfeiture of the examination fee.
9 (b) Certificate of professional engineer.
10 (1) The fee for application for a license by
11 examination is $100.
12 (2) In addition, applicants for any examination
13 shall be required to pay, either to the Department or to
14 the designated testing service, a fee covering the cost
15 of providing the examination. Failure to appear for the
16 examination on the scheduled date, at the time and place
17 specified, after the applicant's application for each
18 examination has been received and acknowledged by the
19 Department or the designated testing service, shall
20 result in the forfeiture of the examination fee.
21 (3) The fee for application for a license by
22 endorsement for a professional engineer registered or
23 licensed under the laws of another state or territory of
24 the United States or of a foreign country or province is
25 $100.
26 (4) The biennial fee for the renewal of a license
27 shall be $60.
28 (5) The fee for application for the restoration of
29 a license other than from inactive status is $10 plus
30 payment of all lapsed renewal fees.
31 (c) Professional design firm registration fees.
32 (1) The fee for application for a certificate of
33 registration as a professional design firm is $75.
34 (2) The biennial fee for renewal of a certificate
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1 of registration as a professional design firm shall be
2 $75.
3 (d) General fees.
4 (1) The fee for the issuance of a duplicate
5 license, for the issuance of a replacement license for a
6 license which has been lost or destroyed or for the
7 issuance of a license with a change of name or address
8 other than during the renewal period is $20. No fee is
9 required for name and address changes on Department
10 records when no duplicate license is issued.
11 (2) The fee for a certification of a registrant's
12 record for any purpose is $20.
13 (3) The fee for retabulating the numerical score of
14 an examination is the cost to the Department of
15 retabulating the examination, plus any fees charged by
16 the applicable testing service to have the examination
17 retabulated.
18 (4) The fee for a wall certificate showing
19 licensure is the actual cost of producing such a
20 certificate.
21 (5) The fee for a roster of persons licensed as
22 professional engineers and of professional design firms
23 in this State is the actual cost of producing such a
24 roster.
25 (e) Any person who delivers a check or other payment to
26 the Department that is returned to the Department unpaid by
27 the financial institution upon which it is drawn shall pay to
28 the Department, in addition to the amount already owed to the
29 Department, a fine of $50. If the check or other payment was
30 for a renewal or issuance fee and that person practices
31 without paying the renewal fee or issuance fee and the fine
32 due, an additional fine of $100 shall be imposed. The fines
33 imposed by this Section are in addition to any other
34 discipline provided under this Act for unlicensed practice or
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1 practice on a nonrenewed license. The Department shall
2 notify the person that payment of fees and fines shall be
3 paid to the Department by certified check or money order
4 within 30 calendar days of the notification. If, after the
5 expiration of 30 days from the date of the notification, the
6 person has failed to submit the necessary remittance, the
7 Department shall automatically terminate the license or
8 certificate or deny the application, without hearing. If,
9 after termination or denial, the person seeks a license or
10 certificate, he or she shall apply to the Department for
11 restoration or issuance of the license or certificate and pay
12 all fees and fines due to the Department. The Department may
13 establish a fee for the processing of an application for
14 restoration of a license or certificate to pay all expenses
15 of processing this application. The Director may waive the
16 fines due under this Section in individual cases where the
17 Director finds that the fines would be unreasonable or
18 unnecessarily burdensome.
19 (c)(f) Disposition of fees and fines collected. All the
20 fees and fines collected pursuant to this Section shall be
21 deposited in the Design Professionals Administration and
22 Investigation Fund. Of the moneys deposited into the Design
23 Professionals Administration and Investigation Fund, the
24 Department may use such funds as necessary and available to
25 produce and distribute newsletters to persons licensed under
26 this Act.
27 (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94; 89-61,
28 eff. 6-30-95; 89-235, eff. 8-4-95.)
29 (225 ILCS 325/23) (from Ch. 111, par. 5223)
30 Sec. 23. Professional design firm registration.
31 (a) Nothing in this Act shall prohibit the formation,
32 under the provisions of the Professional Service Corporation
33 Act, as amended, of a corporation to practice professional
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1 engineering.
2 Any business, including a Professional Service
3 Corporation, that not formed under the provisions of the
4 Professional Service Corporation Act and not registered as
5 such with the Department, and which includes within its
6 stated purposes or practices, or holds itself out as
7 available to practice, professional engineering, shall be
8 registered with the Department pursuant to the provisions set
9 forth in this Section.
10 Any sole proprietorship not owned and operated by an
11 Illinois licensed design professional licensed under this Act
12 shall be prohibited from offering professional engineering
13 services to the public. Any sole proprietorship owned and
14 operated by a professional engineer with an active license
15 issued under this Act and conducting or transacting such
16 business under an assumed name in accordance with the
17 provisions of the Assumed Business Name Act shall comply with
18 the registration requirements of a professional design firm.
19 Any sole proprietorship owned and operated by a professional
20 engineer with an active license issued under this Act and
21 conducting or transacting such business under the real name
22 of the sole proprietor is exempt from the registration
23 requirements of a professional design firm. "Illinois
24 licensed design professional" means a person who holds an
25 active license as a professional engineer under this Act, as
26 an architect under the Illinois Architecture Practice Act of
27 1989, or as a structural engineer under the Structural
28 Engineering Licensing Act of 1989.
29 (b) Any professional design firm seeking to be
30 registered pursuant to the provisions of this Section shall
31 not be registered unless one or more managing agents in
32 charge of professional engineering activities in this State
33 are designated by the professional design firm. Each
34 managing agent must at all times maintain a valid, active
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1 license to practice professional engineering in Illinois.
2 No individual whose license to practice professional
3 engineering in this State is currently in a suspended or
4 revoked status shall act as a managing agent for a
5 professional design firm.
6 (c) Any business seeking to be registered under this
7 Section shall make application on a form provided by the
8 Department and shall provide such information as requested by
9 the Department, which shall include, but not be limited to:
10 (1) the name and license number of the person
11 designated as the managing agent in responsible charge of
12 the practice of professional engineering in Illinois. In
13 the case of a corporation, the corporation shall also
14 submit a certified copy of the resolution by the board of
15 directors designating the managing agent. In the case of
16 a limited liability company, the company shall submit a
17 certified copy of either its articles of organization or
18 operating agreement designating the managing agent;
19 (2) the names and license numbers of the directors,
20 in the case of a corporation, the members, in the case of
21 a limited liability company, or general partners, in the
22 case of a partnership;
23 (3) a list of all office locations at which the
24 professional design firm provides professional
25 engineering services to the public; and
26 (4) a list of all assumed names of the business.
27 Nothing in this Section shall be construed to exempt a
28 professional design firm, sole proprietorship, or
29 professional service corporation from compliance with the
30 requirements of the Assumed Business Name Act.
31 It is the responsibility of the professional design firm
32 to provide the Department notice, in writing, of any changes
33 in the information requested on the application.
34 (d) The Department shall issue to each business a
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1 certificate of registration to practice professional
2 engineering or offer the services of its licensees in this
3 State upon submittal of a proper application for registration
4 and payment of fees. The expiration date and renewal period
5 for each registration and renewal procedures shall be
6 established by rule.
7 (e) In the event a managing agent is terminated or
8 terminates his or her status as managing agent of the
9 professional design firm, the managing agent and professional
10 design firm shall notify the Department of this fact in
11 writing, by certified mail, within 10 business days of such
12 termination. Thereafter, the professional design firm, if it
13 has so informed the Department, shall have 30 days in which
14 to notify the Department of the name and license number of a
15 newly designated managing agent. If a corporation, the
16 corporation shall also submit a certified copy of a
17 resolution by the board of directors designating the new
18 managing agent. If a limited liability company, the company
19 shall also submit a certified copy of either its articles of
20 organization or operating agreement designating the new
21 managing agent. The Department may, upon good cause shown,
22 extend the original 30 day period.
23 If the professional design firm has not notified the
24 Department in writing, by certified mail within the specified
25 time, the registration shall be terminated without prior
26 hearing. Notification of termination shall be sent by
27 certified mail to the last known address of the business. If
28 the professional design firm continues to operate and offer
29 professional engineering services after the termination, the
30 Department may seek prosecution under Sections 24, 39, and 40
31 of this Act for the unlicensed practice of professional
32 engineering.
33 (f) No professional design firm shall be relieved of
34 responsibility for the conduct or acts of its agent,
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1 employees, members, managers, or officers by reason of its
2 compliance with this Section, nor shall any individual
3 practicing professional engineering be relieved of the
4 responsibility for professional services performed by reason
5 of the individual's employment or relationship with a
6 professional design firm registered under this Section.
7 (g) Disciplinary action against a professional design
8 firm registered under this Section shall be administered in
9 the same manner and on the same grounds as disciplinary
10 action against a licensed professional engineer. All
11 disciplinary action taken or pending against a corporation or
12 partnership before the effective date of this amendatory Act
13 of 1993 shall be continued or remain in effect without the
14 Department filing separate actions.
15 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
16 (225 ILCS 325/24) (from Ch. 111, par. 5224)
17 Sec. 24. Rules of professional conduct; Disciplinary
18 action.
19 (a) The Department shall adopt rules setting standards
20 of professional conduct and establish appropriate penalty for
21 the breach of such rules. The Department may, singularly or
22 in combination, refuse to issue, restore, or renew a license
23 or registration, revoke or suspend a license or registration,
24 or place on probation, reprimand, or impose a civil penalty
25 not to exceed $10,000 upon any person, corporation,
26 partnership, or professional design firm licensed or
27 registered under this Act for any one or combination of the
28 following:
29 (1) Material misstatement in furnishing information
30 to the Department.
31 (2) Failure to comply with any provisions of this
32 Act or any of its rules.
33 (3) Conviction of any crime under the laws of the
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1 United States, or any state or territory thereof, which
2 is a felony, whether related to practice or not, or
3 conviction of any crime, whether a felony, misdemeanor,
4 or otherwise, an essential element of which is dishonesty
5 or which is directly related to the practice of
6 engineering.
7 (4) Making any misrepresentation for the purpose of
8 obtaining licensure, or in applying for restoration or
9 renewal; or practice of any fraud or deceit in taking any
10 examination to qualify for licensure under this Act.
11 (5) Purposefully making false statements or signing
12 false statements, certificates, or affidavits to induce
13 payment.
14 (6) Negligence, incompetence or misconduct in the
15 practice of professional engineering as a licensed
16 professional engineer or in working as an engineer
17 intern.
18 (7) Aiding or assisting another person in violating
19 any provision of this Act or its rules.
20 (8) Failing to provide information in response to a
21 written request made by the Department within 30 days
22 after receipt of such written request.
23 (9) Engaging in dishonorable, unethical or
24 unprofessional conduct of a character likely to deceive,
25 defraud or harm the public.
26 (10) Habitual intoxication or addiction to the use
27 of drugs.
28 (11) Discipline by the United States Government,
29 another state, District of Columbia, territory, foreign
30 nation or government agency, if at least one of the
31 grounds for the discipline is the same or substantially
32 equivalent to those set forth in this Act.
33 (12) Directly or indirectly giving to or receiving
34 from any person, firm, corporation, partnership or
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1 association any fee, commission, rebate or other form of
2 compensation for any professional services not actually
3 or personally rendered.
4 (13) A finding by the Board that an applicant or a
5 registrant has failed to pay a fine imposed by the
6 Department, a registrant whose license has been placed on
7 probationary status has violated the terms of probation,
8 or a registrant has practiced on an expired, inactive,
9 suspended, or revoked license.
10 (14) Signing, affixing the professional engineer's
11 seal or permitting the professional engineer's seal to be
12 affixed to any technical submissions not prepared as
13 required by Section 14 or completely reviewed by the
14 professional engineer or under the professional
15 engineer's direct supervision.
16 (15) Physical illness, including but not limited to
17 deterioration through the aging process or loss of motor
18 skill, which results in the inability to practice the
19 profession with reasonable judgment, skill or safety.
20 (16) The making of a statement pursuant to the
21 Environmental Barriers Act that a plan for construction
22 or alteration of a public facility or for construction of
23 a multi-story housing unit is in compliance with the
24 Environmental Barriers Act when such plan is not in
25 compliance.
26 (17) Failing to file a return, or to pay the tax,
27 penalty or interest shown in a filed return, or to pay
28 any final assessment of tax, penalty or interest as
29 required by a tax Act administered by the Illinois
30 Department of Revenue, until such time as the
31 requirements of any such tax Act are satisfied.
32 (a-5) In enforcing this Section, the Board upon a
33 showing of a possible violation may compel a person licensed
34 to practice under this Act, or who has applied for licensure
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1 or certification pursuant to this Act, to submit to a mental
2 or physical examination, or both, as required by and at the
3 expense of the Department. The examining physicians shall be
4 those specifically designated by the Board. The Board or the
5 Department may order the examining physician to present
6 testimony concerning this mental or physical examination of
7 the licensee or applicant. No information shall be excluded
8 by reason of any common law or statutory privilege relating
9 to communications between the licensee or applicant and the
10 examining physician. The person to be examined may have, at
11 his or her own expense, another physician of his or her
12 choice present during all aspects of the examination.
13 Failure of any person to submit to a mental or physical
14 examination, when directed, shall be grounds for suspension
15 of a license until the person submits to the examination if
16 the Board finds, after notice and hearing, that the refusal
17 to submit to the examination was without reasonable cause.
18 If the Board finds a person unable to practice because of
19 the reasons set forth in this Section, the Board may require
20 that person to submit to care, counseling, or treatment by
21 physicians approved or designated by the Board as a
22 condition, term, or restriction for continued, reinstated, or
23 renewed licensure to practice; or, in lieu of care,
24 counseling, or treatment, the Board may recommend to the
25 Department to file a complaint to immediately suspend,
26 revoke, or otherwise discipline the license of the person.
27 Any person whose license was granted, continued, reinstated,
28 renewed, disciplined, or supervised subject to such terms,
29 conditions, or restrictions and who fails to comply with such
30 terms, conditions, or restrictions shall be referred to the
31 Director for a determination as to whether the person shall
32 have his or her license suspended immediately, pending a
33 hearing by the Board.
34 (b) The determination by a circuit court that a
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1 registrant is subject to involuntary admission or judicial
2 admission as provided in the Mental Health and Developmental
3 Disabilities Code, as now or hereafter amended, operates as
4 an automatic suspension. Such suspension will end only upon
5 a finding by a court that the patient is no longer subject to
6 involuntary admission or judicial admission, the issuance of
7 an order so finding and discharging the patient, and the
8 recommendation of the Board to the Director that the
9 registrant be allowed to resume practice.
10 (Source: P.A. 88-372; 88-428; 88-670, eff. 12-2-94; 89-61,
11 eff. 6-30-95.)
12 (225 ILCS 325/44) (from Ch. 111, par. 5244)
13 Sec. 44. Fund; appropriations; investments; audits.
14 Moneys deposited in the Design Professionals Administration
15 and Investigation Fund shall be appropriated to the
16 Department exclusively for expenses of the Department and the
17 Board in the administration of this Act, the Illinois
18 Professional Land Surveyor Act of 1989, the Illinois
19 Architecture Practice Act, and the Structural Engineering
20 Licensing Act of 1989. The expenses of the Department under
21 this Act shall be limited to the ordinary and contingent
22 expenses of the Design Professionals Dedicated Employees
23 within the Department as established under Section 62.1 of
24 the Civil Administrative Code of Illinois and other expenses
25 related to the administration and enforcement of this Act.
26 Moneys from the Fund may also be used for direct and
27 allocable indirect costs related to the public purposes of
28 the Department of Professional Regulation. Moneys in the
29 Fund may be transferred to the Professions Indirect Cost Fund
30 as authorized by Section 61e of the Civil Administrative Code
31 of Illinois.
32 Moneys in the Design Professionals Administration and
33 Investigation Fund may be invested and reinvested with all
SB127 Enrolled -28- LRB9102230ACtm
1 earnings received from the investments to be deposited in the
2 Design Professionals Administration and Investigation Fund
3 and used for the same purposes as fees deposited in the Fund.
4 All fines and penalties under Section 24, and Section 39,
5 Section 42, and Section 43 shall be deposited in the Design
6 Professionals Administration and Investigation Fund.
7 Upon the completion of any audit of the Department as
8 prescribed by the Illinois State Auditing Act that audit
9 includes an audit of the Design Professionals Administration
10 and Investigation Fund, the Department shall make the audit
11 report open to inspection by any interested person. The copy
12 of the audit report required to be submitted to the
13 Department by this Section is in addition to copies of audit
14 reports required to be submitted to other State officers and
15 agencies by Section 3-14 of the Illinois State Auditing Act.
16 (Source: P.A. 89-204, eff. 1-1-96.)
17 Section 99. Effective date. This Act takes effect
18 January 1, 2000, except that Section 5 takes effect upon
19 becoming law.
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