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91_SB0487enr
SB487 Enrolled LRB9100640ACtmA
1 AN ACT to amend the Illinois Roofing Industry Licensing
2 Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Roofing Industry Licensing Act
6 is amended by changing Sections 2, 3, 9, 9.2, 9.4, 9.5, 9.10,
7 9.14, 10, and 11.5 and adding Sections 3.2, 3.5, 4.5, and 5.5
8 as follows:
9 (225 ILCS 335/2) (from Ch. 111, par. 7502)
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 Professional
15 Regulation.
16 (c) "Director" means the Director of Professional
17 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 whose services are
22 unlimited in the roofing trade and who has the experience,
23 knowledge and skill to construct, reconstruct, alter,
24 maintain and repair roofs and use materials and items used in
25 the construction, reconstruction, alteration, maintenance and
26 repair of all kinds of roofing and waterproofing, all in such
27 manner to comply with all plans, specifications, codes, laws,
28 and regulations applicable thereto, but does not include such
29 contractor's employees to the extent the requirements of
30 Section 3 of this Act apply and extend to such employees.
31 (f) "Board" means the Roofing Advisory Board.
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1 (g) "Qualifying party" means the individual filing as a
2 sole proprietor, partner of a partnership, officer of a
3 corporation, trustee of a business trust, or party of another
4 legal entity, who is legally qualified to act for the
5 business organization in all matters connected with its
6 roofing contracting business, has the authority to supervise
7 roofing installation operations, and is actively engaged in
8 day to day activities of the business organization.
9 "Qualifying party" does not apply to a seller of roofing
10 materials or services when the construction, reconstruction,
11 alteration, maintenance, or repair of roofing or
12 waterproofing is to be performed by a person other than the
13 seller or the seller's employees.
14 (h) "Limited roofing license" means a license made
15 available to contractors whose roofing business is limited to
16 residential roofing, including residential properties
17 consisting of 8 units or less.
18 (i) "Unlimited roofing license" means a license made
19 available to contractors whose roofing business is unlimited
20 in nature and includes roofing on residential, commercial,
21 and industrial properties.
22 (Source: P.A. 89-387, eff. 1-1-96; 89-594, eff. 8-1-96;
23 90-55, eff. 1-1-98.)
24 (225 ILCS 335/3) (from Ch. 111, par. 7503)
25 Sec. 3. Application for license.
26 (1) To obtain a license, an applicant must indicate if
27 the license is sought for a sole proprietorship, partnership,
28 corporation, business trust, or other legal entity and
29 whether the application is for a limited or unlimited roofing
30 license. If the license is sought for a sole proprietorship,
31 the license shall be issued to the proprietor who shall also
32 be designated as the qualifying party. If the license is
33 sought for a partnership, corporation, business trust, or
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1 other legal entity, the license shall be issued in the
2 company name. A company must designate one individual who
3 will serve as a qualifying party. The qualifying party is
4 the individual who must take the examination required under
5 Section 3.5. The company shall submit an application in
6 writing to the Department on a form containing the
7 information prescribed by the Department and accompanied by
8 the fee fixed by the Department. The application shall
9 include, but shall not be limited to:
10 (a) the name and address of the person designated
11 as the qualifying party responsible for the practice of
12 professional roofing in Illinois;
13 (b) the name of the proprietorship and its
14 proprietor, the name of the partnership and its partners,
15 the name of the corporation and its officers and
16 directors, the name of the business trust and its
17 trustees, or the name of such other legal entity and its
18 members;
19 (c) evidence of compliance with any statutory
20 requirements pertaining to such legal entity, including
21 compliance with any laws pertaining to the use of
22 fictitious names, if a fictitious name is used; if the
23 business is a sole proprietorship and doing business
24 under a name other than that of the individual
25 proprietor, the individual proprietor must list all
26 business names used for that proprietorship.
27 (1.5) A certificate issued by the Department before the
28 effective date of this amendatory Act of the 91st General
29 Assembly shall be deemed a license for the purposes of this
30 Act. To obtain a certificate, an applicant shall submit an
31 application in writing to the Department on a form containing
32 the information prescribed by the Department and accompanied
33 by the fee fixed by the Department.
34 (2) An applicant for a license certificate must submit
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1 satisfactory evidence that:
2 (a) he or she has obtained public liability and
3 property damage insurance in such amounts and under such
4 circumstances as may be determined by the Department;
5 (b) he or she has obtained Workers' Compensation
6 insurance covering his or her employees or is approved as
7 a self-insurer of Workers' Compensation in accordance
8 with Illinois law;
9 (c) he or she has an Illinois Unemployment
10 Insurance employer identification number or has proof of
11 application to the Illinois Department of Labor for such
12 an identification number;
13 (d) he or she has submitted a continuous bond to
14 the Department in the amount of $10,000 for a limited
15 license and in the amount of $25,000 for an unlimited
16 license; and $5,000.
17 (e) a qualifying party has satisfactorily completed
18 the examination required under Section 3.5.
19 (3) It is the responsibility of the licensee to provide
20 to the Department notice in writing of any changes in the
21 information required to be provided on the application.
22 (4) All roofing contractors must designate a qualifying
23 party and otherwise achieve compliance with this Act no later
24 than July 1, 2003 or his or her license will automatically
25 expire on July 1, 2003.
26 (5) Nothing in this Section shall apply to a seller of
27 roofing materials or services when the construction,
28 reconstruction, alteration, maintenance, or repair of roofing
29 or waterproofing is to be performed by a person other than
30 the seller or the seller's employees.
31 (6) Applicants have 3 years from the date of application
32 to complete the application process. If the application has
33 not been completed within 3 years, the application shall be
34 denied, the fee shall be forfeited and the applicant must
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1 reapply and meet the requirements in effect at the time of
2 reapplication.
3 (Source: P.A. 89-387, eff. 1-1-96.)
4 (225 ILCS 335/3.2 new)
5 Sec. 3.2. Bond. Before issuing or renewing a license,
6 the Department shall require each applicant or licensee to
7 file and maintain in force a surety bond, issued by an
8 insurance company authorized to transact fidelity and surety
9 business in the State of Illinois. The bond shall be
10 continuous in form, unless terminated by the insurance
11 company. An insurance company may terminate a bond and avoid
12 further liability by filing a 60-day notice of termination
13 with the Department and, at the same time, sending the notice
14 to the roofing contractor. A license shall be cancelled
15 without hearing on the termination date of the roofing
16 contractor's bond, unless a new bond is filed with the
17 Department to become effective at the termination date of the
18 prior bond. If a license has been cancelled without hearing
19 under this Section, the license shall be reinstated upon
20 showing proof of compliance with this Act.
21 (225 ILCS 335/3.5 new)
22 Sec. 3.5. Examination.
23 (a) The Department shall authorize examinations for
24 applicants for initial licenses at the time and place it may
25 designate. The examinations shall be of a character to
26 fairly test the competence and qualifications of applicants
27 to act as roofing contractors. Each applicant for limited
28 licenses shall designate a qualifying party who shall take an
29 examination, the technical portion of which shall cover
30 residential roofing practices. Each applicant for an
31 unlimited license shall designate a qualifying party who
32 shall take an examination, the technical portion of which
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1 shall cover residential, commercial, and industrial roofing
2 practices.
3 (b) An applicant for a limited license or an unlimited
4 license or a qualifying party designated by an applicant for
5 a limited license or unlimited license shall pay, either to
6 the Department or the designated testing service, a fee
7 established by the Department to cover the cost of providing
8 the examination. Failure of the individual scheduled to
9 appear for the examination on the scheduled date at the time
10 and place specified after his or her application for
11 examination has been received and acknowledged by the
12 Department or the designated testing service shall result in
13 forfeiture of the examination fee.
14 (c) A person who has a license as described in
15 subsection (1.5) of Section 3 is exempt from the examination
16 requirement of this Section, so long as (1) the license
17 continues to be valid and is renewed before expiration and
18 (2) the person is not newly designated as a qualifying party
19 after July 1, 2003. The qualifying party for an applicant for
20 a new license must have passed an examination authorized by
21 the Department before the Department may issue a license.
22 An applicant has 3 years after the date of his or her
23 application to complete the application process. If the
24 process has not been completed within 3 years, the
25 application shall be denied, the fee shall be forfeited, and
26 the applicant must reapply and meet the requirements in
27 effect at the time of reapplication.
28 (225 ILCS 335/4.5 new)
29 Sec. 4.5. Duties of qualifying party; replacement.
30 While engaged as or named as a qualifying party for a
31 licensee, no person may be the named qualifying party for any
32 other licensee. However, the person may act in the capacity
33 of the qualifying party for one additional licensee of the
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1 same type of licensure if one of the following conditions
2 exists:
3 (1) There is a common ownership of at least 25% of
4 each licensed entity for which the person acts as a
5 qualifying party.
6 (2) The same person acts as a qualifying party for
7 one licensed entity and its licensed subsidiary.
8 "Subsidiary" as used in this Section means a corporation
9 of which at least 25% is owned by another licensee.
10 In the event that a qualifying party is terminated or
11 terminating his or her status as qualifying party of a
12 licensee, the qualifying party and the licensee shall notify
13 the Department of that fact in writing. Thereafter, the
14 licensee shall notify the Department of the name and address
15 of the newly designated qualifying party. The newly
16 designated qualifying party must take the examination
17 prescribed in Section 3.5 of this Act. These requirements
18 shall be met in a timely manner as established by rule of the
19 Department.
20 (225 ILCS 335/5.5 new)
21 Sec. 5.5. Contracts. A roofing contractor, when signing a
22 contract, must provide a land-based phone number and a street
23 address other than a post office box at which he or she may
24 be contacted.
25 (225 ILCS 335/9) (from Ch. 111, par. 7509)
26 Sec. 9. Licensure requirement.
27 (1) It is unlawful for any person to engage in the
28 business or act in the capacity of or hold himself or herself
29 out in any manner as a roofing contractor without having been
30 duly licensed under the provisions of this Act.
31 (2) No work involving the construction, reconstruction,
32 alteration, maintenance or repair of any kind of roofing or
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1 waterproofing may be done except by a roofing contractor
2 licensed under this Act.
3 (3) Sellers of roofing services may subcontract the
4 provision of those roofing services only to roofing
5 contractors licensed under this Act.
6 (Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
7 (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
8 Sec. 9.2. Stenographer; record of proceedings. The
9 Department, at its expense, shall provide a stenographer to
10 take down the testimony and preserve a record of all
11 proceedings initiated pursuant to this Act, the rules for the
12 administration of this Act, or any other Act or rules
13 relating to this Act and proceedings for restoration of any
14 license issued under this Act. The notice of hearing,
15 complaint, answer, and all other documents in the nature of
16 pleadings and written motions and responses filed in the
17 proceedings, the transcript of the testimony, all exhibits
18 admitted into evidence, the report of the hearing officer,
19 the Board's findings of fact, conclusions of law, and
20 recommendations to the Director, and the order shall be the
21 record of the proceedings. The Department shall furnish a
22 transcript of the record to any person interested in the
23 hearing upon payment of the fee required under Section
24 2105-115 of the Department of Professional Regulation Law (20
25 ILCS 2105/2105-115). The Department, at its expense, shall
26 preserve a record of all proceedings at the formal hearing of
27 any case. The notice of hearing, complaint and all other
28 documents in the nature of pleadings and written motions
29 filed in the proceedings, the transcript of testimony, the
30 report of the hearing officer and order of the Department
31 shall be the record of such proceeding. The Department shall
32 furnish a transcript of the record to any person interested
33 in the hearing upon payment of the fee required under Section
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1 2105-115 of the Department of Professional Regulation Law (20
2 ILCS 2105/2105-115).
3 (Source: P.A. 91-239, eff. 1-1-00.)
4 (225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)
5 Sec. 9.4. The Department has power to subpoena and bring
6 before it any person in this State and to take testimony
7 either orally or by deposition or both, or to subpoena
8 documents, exhibits, or other materials with the same fees
9 and mileage and in the same manner as prescribed by law in
10 judicial proceedings in civil cases in circuit courts of this
11 State.
12 The Director and any member of the Roofing Advisory Board
13 have power to administer oaths to witnesses at any hearing
14 that the Department or Roofing Advisory Board is authorized
15 by law to conduct. Further, the Director has power to
16 administer any other oaths required or authorized to be
17 administered by the Department under this Act.
18 The Director and the hearing officer have power to
19 administer oaths to witnesses at any hearing which the
20 Department is authorized to conduct under this Act, and any
21 other oaths required or authorized to be administered by the
22 Department under this Act.
23 (Source: P.A. 89-387, eff. 1-1-96.)
24 (225 ILCS 335/9.5) (from Ch. 111, par. 7509.5)
25 Sec. 9.5. Findings of fact, conclusions of law, and
26 recommendations; order. Within 60 days of the Department's
27 receipt of the transcript of any hearing that is conducted
28 pursuant to this Act or the rules for its enforcement or any
29 other statute or rule requiring a hearing under this Act or
30 the rules for its enforcement, or for any hearing related to
31 restoration of any license issued pursuant to this Act, the
32 hearing officer shall submit his or her written findings and
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1 recommendations to the Roofing Advisory Board. The Roofing
2 Advisory Board shall review the report of the hearing officer
3 and shall present its findings of fact, conclusions of law,
4 and recommendations to the Director by the date of the
5 Board's second meeting following the Board's receipt of the
6 hearing officer's report.
7 A copy of the findings of fact, conclusions of law, and
8 recommendations to the Director shall be served upon the
9 accused person, either personally or by registered or
10 certified mail. Within 20 days after service, the accused
11 person may present to the Department a written motion for a
12 rehearing, which shall state the particular grounds therefor.
13 If the accused person orders and pays for a transcript
14 pursuant to Section 9.2, the time elapsing thereafter and
15 before the transcript is ready for delivery to him or her
16 shall not be counted as part of the 20 days.
17 The Director shall issue an order based on the findings
18 of fact, conclusions of law, and recommendations to the
19 Director. If the Director disagrees in any regard with the
20 findings of fact, conclusions of law, and recommendations to
21 the Director, he may issue an order in contravention of the
22 findings of fact, conclusions of law, and recommendations to
23 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
27 with an explanation for any deviation from the Board's
28 findings of fact, conclusions of law, and recommendations to
29 the Director within 30 days of the Director's entry of the
30 order. At the conclusion of the hearing the hearing officer
31 shall present to the Director a written report of his
32 findings of fact, conclusions of law and recommendations.
33 The report shall contain a finding whether or not the accused
34 person violated this Act or failed to comply with the
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1 conditions required in this Act. The hearing officer shall
2 specify the nature of the violation or failure to comply, and
3 shall make his recommendations to the Director.
4 The report of findings of fact, conclusions of law and
5 recommendations of the hearing officer shall be the basis for
6 the Department's order. If the Director disagrees in any
7 regard with the report of the hearing officer, the Director
8 may issue an order in contravention to the report. The
9 finding is not admissible in evidence against the person in a
10 criminal prosecution brought for the violation of this Act,
11 but the hearing and findings are not a bar to a criminal
12 prosecution brought for the violation of this Act.
13 (Source: P.A. 86-615.)
14 (225 ILCS 335/9.10) (from Ch. 111, par. 7509.10)
15 Sec. 9.10. Returned checks; fines. Any person who
16 delivers a check or other payment to the Department that is
17 returned to the Department unpaid by the financial
18 institution upon which it is drawn shall pay to the
19 Department, in addition to the amount already owed to the
20 Department, a fine of $50. If the check or other payment was
21 for a renewal or issuance fee and that person practices
22 without paying the renewal fee or issuance fee and the fine
23 due, an additional fine of $100 shall be imposed. The fines
24 imposed by this Section are in addition to any other
25 discipline provided under this Act for unlicensed practice or
26 practice on a nonrenewed license. The Department shall notify
27 the person that payment of fees and fines shall be paid to
28 the Department by certified check or money order within 30
29 calendar days of the notification. If, after the expiration
30 of 30 days from the date of the notification, the person has
31 failed to submit the necessary remittance, the Department
32 shall automatically terminate the license or deny the
33 application, without hearing. If, after termination or
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1 denial, the person seeks a license, he or she shall apply to
2 the Department for restoration or issuance of the license and
3 pay all the application fees as set by rule fees and fines
4 due to the Department. The Department may establish a fee for
5 the processing of an application for restoration of a license
6 to pay all expenses of processing this application. The
7 Director may waive the fines due under this Section in
8 individual cases where the Director finds that the fines
9 would be unreasonable or unnecessarily burdensome.
10 (Source: P.A. 90-55, eff. 1-1-98.)
11 (225 ILCS 335/9.14) (from Ch. 111, par. 7509.14)
12 Sec. 9.14. The Director has the authority to appoint any
13 attorney duly licensed to practice law in the State of
14 Illinois to serve as the hearing officer for any action for
15 refusal to issue or renew a license, for or discipline of a
16 licensee for sanctions for unlicensed practice, for
17 restoration of a license, or for any other action for which
18 findings of fact, conclusions of law, and recommendations are
19 required pursuant to Section 9.5 of this Act. The hearing
20 officer shall have full authority to conduct the hearing and
21 shall issue his or her findings of fact and recommendations
22 to the Board pursuant to Sections 9.5 of this Act. The
23 hearing officer has full authority to conduct the hearing.
24 The hearing officer shall report his findings of fact,
25 conclusions of law and recommendations to the Director. The
26 Director shall issue an order based on the report of the
27 hearing officer. If the Director disagrees in any regard
28 with the hearing officer's report, he may issue an order in
29 contravention of the hearing officer's report.
30 (Source: P.A. 86-615.)
31 (225 ILCS 335/10) (from Ch. 111, par. 7510)
32 Sec. 10. Enforcement; petition to court.
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1 (1) If any person violates the provisions of this Act,
2 the Director through the Attorney General of Illinois, or the
3 State's Attorney of any county in which a violation is
4 alleged to exist, may in the name of the People of the State
5 of Illinois petition for an order enjoining such violation or
6 for an order enforcing compliance with this Act. Upon the
7 filing of a verified petition in such court, the court may
8 issue a temporary restraining order, without notice or bond,
9 and may preliminarily and permanently enjoin such violation,
10 and if it is established that such person has violated or is
11 violating the injunction, the Court may punish the offender
12 for contempt of court.
13 (2) If any person shall practice as a licensee or hold
14 himself or herself out as a licensee without being licensed
15 under the provisions of this Act, then any person licensed
16 under this Act, any interested party or any person injured
17 thereby may, in addition to those officers identified in
18 subsection (1) of this Section, petition for relief as
19 provided therein.
20 (3) Whenever the Department has reason to believe that
21 any person has violated the licensing requirements of this
22 Act by practicing, offering to practice, attempting to
23 practice, or holding himself or herself out to practice
24 roofing without being licensed under this Act, the Department
25 may issue a rule to show cause why an order to cease and
26 desist should not be entered against that person. The rule
27 shall clearly set forth the grounds relied upon by the
28 Department and shall provide a period of 7 days from the date
29 of the rule to file an answer to the satisfaction of the
30 Department. Failure to answer to the satisfaction of the
31 Department shall cause an order to cease and desist to be
32 issued immediately.
33 (4) (3) Proceedings under this Section shall be in
34 addition to, and not in lieu of, all other remedies and
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1 penalties which may be provided by law.
2 (Source: P.A. 90-55, eff. 1-1-98.)
3 (225 ILCS 335/11.5)
4 Sec. 11.5. The Roofing Advisory Board is created and
5 shall consist of 8 7 persons, one of whom is a knowledgeable
6 public member and 7 6 of whom shall have been issued licenses
7 certificates of registration as roofing contractors by the
8 Department and one who is a knowledgeable public member. One
9 of the 7 licensed roofing contractors on the Board shall
10 represent a statewide association representing home builders
11 and another of the 7 licensed roofing contractors shall
12 represent an association predominately representing
13 retailers. The public member shall not be licensed under
14 this Act or any other Act the Department administers. Each
15 member shall be appointed by the Director. Members shall be
16 appointed who reasonably represent the different geographic
17 areas of the State.
18 Members of the Roofing Advisory Board shall be immune
19 from suit in any action based upon any disciplinary
20 proceedings or other acts performed in good faith as members
21 of the Roofing Advisory Board, unless the conduct that gave
22 rise to the suit was willful and wanton misconduct.
23 The Director shall consider the advice and
24 recommendations of the Board. The Director shall notify the
25 Board in writing with an explanation of any deviation from
26 the Board's written recommendation or response. After review
27 of the Director's written explanation of the reasons for
28 deviation, the Board shall have the opportunity to comment
29 upon the Director's decision.
30 The persons appointed shall hold office for 4 years and
31 until a successor is appointed and qualified. The initial
32 terms shall begin July 1, 1997. Of the members of the Board
33 first appointed, 2 shall be appointed to serve for 2 years, 2
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1 shall be appointed to serve for 3 years, and 3 shall be
2 appointed to serve for 4 years. No member shall serve more
3 than 2 complete 4 year terms.
4 Within 90 days of a vacancy occurring, the Director shall
5 fill the vacancy for the unexpired portion of the term with
6 an appointee who meets the same qualifications as the person
7 whose position has become vacant. The Board shall meet
8 annually to elect one member as chairman and one member as
9 vice-chairman. No officer shall be elected more than twice
10 in succession to the same office. The members of the Board
11 shall receive reimbursement for actual, necessary, and
12 authorized expenses incurred in attending the meetings of the
13 Board.
14 (Source: P.A. 89-594, eff. 8-1-96.)
15 (225 ILCS 335/4 rep.)
16 Section 10. The Illinois Roofing Industry Licensing Act
17 is amended by repealing Section 4.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.
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