State Codes and Statutes

Statutes > Illinois > Chapter225 > 1356

    (225 ILCS 430/0.01) (from Ch. 111, par. 2400)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 0.01. Short title. This Act may be cited as the Detection of Deception Examiners Act.
(Source: P.A. 86‑1324.)

    (225 ILCS 430/1) (from Ch. 111, par. 2401)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 1. Definitions. As used in this Act, unless the context otherwise requires:
    "Detection of Deception Examination", hereinafter referred to as "Examination" means any examination in which a device or instrument is used to test or question individuals for the purpose of evaluating truthfulness or untruthfulness.
    "Examiner" means any person licensed under this Act.
    "Person" includes any natural person, partnership, association, corporation or trust.
    "Department" means the Department of Professional Regulation of the State of Illinois.
    "Director" means the Director of Professional Regulation of the State of Illinois.
    "Him" means both the male and female gender.
    "Law enforcement agency" means an agency of the State or a unit of local government that is vested by law or ordinance with the power to maintain public order and to enforce criminal laws and ordinances.
(Source: P.A. 92‑453, eff. 8‑21‑01; 93‑619, eff. 12‑15‑03.)

    (225 ILCS 430/2) (from Ch. 111, par. 2402)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 2. The practice of the detection of deception in the State of Illinois is declared to affect the public health, safety and welfare and is subject to regulation and control in the public interest.
(Source: Laws 1963, p. 3300.)

    (225 ILCS 430/3) (from Ch. 111, par. 2403)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 3. Every examiner shall use an instrument which records permanently and simultaneously the subject's cardiovascular, respiratory and galvanic skin response patterns as minimum standards and shall base his evaluation upon changes in such patterns. Such an instrument may record additional physiological patterns pertinent to the detection of deception. The examiner may also consider changes in such additional patterns in making his evaluations. An examiner shall, upon written request of a person examined, make known the results of such test to the person examined within 5 days of receipt of the written request.
(Source: P.A. 82‑200.)

    (225 ILCS 430/4) (from Ch. 111, par. 2404)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 4. Registration or license required; exceptions.
    (a) It is unlawful for any person to administer detection of deception examinations, or attempt to hold himself out as an Examiner, unless registered or licensed by the Department. However, this shall not prohibit the use of detection of deception equipment by a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987 when the results are to be used in research.
    (b) Nothing in this Act prohibits the use of a voice stress analyzer by any fully trained full time certified law enforcement officer of a law enforcement agency in the course of its duties as an investigative aid in a criminal investigation. Law enforcement users of a voice stress analyzer shall be trained in a manner approved by the Illinois Law Enforcement Training Standards Board. The use of a voice stress analyzer shall be conducted only with the prior written consent of the subject of such investigation. Surreptitious use of a voice stress analyzer is prohibited. Use of a voice stress analyzer is prohibited when a State or local law enforcement officer stops a motorist for an alleged violation of the Illinois Vehicle Code. A voice stress analyzer is prohibited for use in pre‑employment screening and for internal investigations. For the purposes of this subsection (b), "voice stress analyzer" means an investigative tool that records voice stress factors related to frequency modulations in the human voice.
(Source: P.A. 93‑619, eff. 12‑15‑03.)

    (225 ILCS 430/4.5)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 4.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a detection of deception examiner without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 89‑474, eff. 6‑18‑96.)

    (225 ILCS 430/7) (from Ch. 111, par. 2407)
    Sec. 7. (Repealed).
(Source: P.A. 85‑1209. Repealed by P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/7.1) (from Ch. 111, par. 2408)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 7.1. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act that provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation or renewal of the license is specifically excluded. For the purposes of this Act the notice required under Section 10‑25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 88‑45.)

    (225 ILCS 430/7.2)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 7.2. Detection of Deception Examiners Act Coordinator. The Director shall appoint a Detection of Deception Examiners Act Coordinator to assist the Department in the administration of this Act. The Detection of Deception Examiners Act Coordinator shall be a person licensed under this Act and shall have no less than 10 years of experience as an Illinois licensed Detection of Deception Examiner. The Detection of Deception Examiners Act Coordinator shall perform such administrative functions on a full or part‑time basis as may be delegated to him or her by the Director, including, but not limited to, revision of the licensing examination and review of the training and qualifications of applicants from a jurisdiction outside of Illinois.
    Whenever the Director is satisfied that substantial justice has not been done in an examination, he may order a re‑examination by the same or other examiners.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/7.3)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 7.3. Appointment of a Hearing Officer. The Director has the authority to appoint an attorney, licensed to practice law in the State of Illinois, to serve as a Hearing Officer in any action for refusal to issue or renew a license or to discipline a license. The Hearing Officer has full authority to conduct the hearing. The appointed Detection of Deception Coordinator may attend hearings and advise the Hearing Officer on technical matters involving Detection of Deception examinations.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/8) (from Ch. 111, par. 2409)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 8. Applications for original licenses shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. Any such application shall require such information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license.
    If an applicant neglects, fails without an approved excuse or refuses to take the next available examination for a license under this Act, the fee paid by the applicant shall be forfeited and the application denied. If an applicant fails to pass an examination for a license under this Act within 3 years after filing his application, the application shall be denied. However, such applicant may thereafter make a new application for examination, accompanied by the required fee.
(Source: P.A. 84‑266.)

    (225 ILCS 430/8.5)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 8.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, reinstated, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 430/10) (from Ch. 111, par. 2411)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 10. Each non‑resident applicant for an original license or a renewal license, shall file an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process in any action may be served on the applicant by leaving two copies thereof with the Director of the Department. Such consent shall stipulate and agree that such service of process shall be taken and held to be valid and binding for all purposes. The Director shall send forthwith one copy of the process to the applicant at the address shown on the records of the Department by registered or certified mail.
(Source: Laws 1963, p. 3300.)

    (225 ILCS 430/10.1) (from Ch. 111, par. 2411.1)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 10.1. Prior to beginning the 6 months of study of detection of deception required by paragraph D of Section 11, a person shall register with the Department. Persons who so register may administer examinations under the supervision and control of an examiner during their course of study.
    This registration is valid for 1 year and may not be renewed.
(Source: P.A. 82‑200.)

    (225 ILCS 430/11) (from Ch. 111, par. 2412)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 11. Qualifications for licensure as an examiner. A person is qualified to receive a license as an examiner:
    A. Who establishes that he is a person of good moral character; and
    B. Who has passed an examination approved by the Department to determine his competency to obtain a license to practice as an examiner; and
    C. Who has had conferred upon him an academic degree, at the baccalaureate level, from an accredited college or university; and
    D. Who has satisfactorily completed 6 months of study in detection of deception, as prescribed by rule.
    Conviction of a misdemeanor involving moral turpitude or a felony may be considered, but shall not be determinative, in determining whether an applicant is of good moral character.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/13) (from Ch. 111, par. 2414)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 13. The expiration date and renewal period for each license issued under this Act shall be set by rule. An examiner whose license has expired may reinstate his license at any time within 5 years after the expiration thereof, by making a renewal application therefor and by paying the required fee. However, any examiner whose license expired while he was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed, reinstated or restored without paying any lapsed renewal and restoration fees if within 2 years after honorable termination of such service, training or education except under conditions other than honorable, he furnishes the Department with satisfactory evidence to the effect that he has been so engaged and that his service, training or education has been so terminated.
    A license or duplicate license must be prominently displayed at the principal place of business of every examiner.
    Notice in writing shall be given to the Department by such license holder of any change of principal business location whereupon, the Department shall issue a new license for the unexpired period upon payment of the required fee. A change of business location without notification to the Department and without the issuance by it of a new license shall automatically suspend the license theretofore issued.
(Source: P.A. 84‑1299.)

    (225 ILCS 430/14) (from Ch. 111, par. 2415)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 14. The Department may refuse to issue, may suspend or may revoke a license for any one of the following grounds:
    A. Material misstatement in the application for original license or in the application for any renewal license under this Act.
    B. Wilful disregard or violation of this Act or of any regulation or rule issued pursuant thereto.
    C. Conviction in this or another State of any crime which is a felony under the laws of this State or conviction of a felony in a federal court, or conviction of a misdemeanor involving moral turpitude.
    D. Making any wilful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or trainees.
    E. Having demonstrated incompetency to act as an examiner as defined under this Act.
    F. Allowing one's license under this Act to be used by an unlicensed person in violation of this Act.
    G. Wilfully aiding or abetting another in the violation of this Act or of any rule issued by the Department pursuant thereto.
    H. Where the license holder has been adjudged mentally ill, mentally deficient or subject to involuntary admission as provided in the Mental Health and Developmental Disabilities Code.
    I. Failing, within a reasonable time, to provide information requested by the Department as the result of a formal or informal complaint to the Department, which would indicate a violation of this Act.
    J. Failure to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
(Source: P.A. 85‑1222.)

    (225 ILCS 430/14.1) (from Ch. 111, par. 2415.1)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 14.1. No Examiner shall inquire into any of the following areas during pre‑employment or periodic employment examinations, unless the area is directly related to employment:
    (1) Religious beliefs or affiliations;
    (2) Beliefs or opinions regarding racial matters;
    (3) Political beliefs or affiliations;
    (4) Beliefs, affiliations or lawful activities regarding unions or labor organizations; or
    (5) Sexual preferences or activity.
(Source: P.A. 82‑200.)

    (225 ILCS 430/15) (from Ch. 111, par. 2416)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 15. Any unlawful act or violation of any of the provisions of this Act upon the part of any examiner or trainee, shall not be cause for revocation of the license of any other examiner for whom the offending examiner may have been employed, unless it shall appear that the examiner has wilfully aided or abetted the actions or activities of the offending examiner or trainee.
(Source: Laws 1963, p. 3300.)

    (225 ILCS 430/16) (from Ch. 111, par. 2417)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 16. The Department shall maintain a roster of the names and addresses of all licensees and registrants and of all persons whose licenses have been suspended or revoked within the previous year. This roster shall be available upon written request and payment of the required fee.
(Source: P.A. 82‑200.)

    (225 ILCS 430/17) (from Ch. 111, par. 2418)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 17. Complaints; investigations. The Department may upon its own motion and shall, upon the verified complaint in writing of any person setting forth facts which if proved would constitute grounds for refusal, suspension or revocation of a license under this Act, investigate the actions of any applicant or any person or persons holding or claiming to hold a license. The Department shall, before refusing to issue and before suspension or revocation of a license, at least 30 days prior to the date set for the hearing, notify in writing the applicant for, or holder of, a license of the nature of the charges and that a hearing will be held on the date designated. The Department shall direct the applicant or licensee to file a written answer with the Department under oath within 20 days after the service of the notice and inform the applicant or licensee that failure to file an answer will result in default being taken against the applicant or licensee and that the license or certificate may be suspended, revoked, placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature or extent of practice, as the Director may deem proper. In case the person fails to file an answer after receiving notice, his or her license or certificate may, in the discretion of the Department, be suspended, revoked, or placed on probationary status, or the Department may take whatever disciplinary action deemed proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act. The hearing shall determine whether the applicant or holder, hereinafter called the respondent is privileged to hold a license, and shall afford the respondent an opportunity to be heard in person or by counsel in reference thereto. Written notice may be served by delivery of the same personally to the respondent at the address of his last notification to the Department. At the time and place fixed in the notice, the Department shall proceed to hear the charges and both the respondent and Department shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to their defense. The Department may continue the hearing from time to time.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/18) (from Ch. 111, par. 2419)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 18. Stenographer; transcript; Hearing Officer report. The Department, at its expense, shall provide a stenographer to take down the testimony and preserve a record of all proceedings at the hearing of any case involving the refusal to issue or the suspension or revocation of a license. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Hearing Officer and orders of the Department shall be the records of the proceedings. The Department shall furnish a transcript of the record to any person or persons interested in the hearing upon the payment of the fee required under Section 2105‑115 of the Department of Professional Regulation Law (20 ILCS 2105/2105‑115).
    At the conclusion of the hearing, the Hearing Officer shall make findings of fact, conclusions of law, and recommendations, separately stated, and submit them to the Director and to all parties to the proceeding.
    The Hearing Officer's findings of fact, conclusions of law, and recommendations shall be served upon the licensee in a similar fashion as service of the notice of formal charges. Within 20 days after the service, any party to the proceeding may present to the Director a motion, in writing, specifying the particular grounds for a rehearing.
    The Director, following the time allowed for filing a motion for rehearing, shall review the Hearing Officer's findings of fact, conclusions of law, and recommendations and any subsequently filed motions. After review of the information, the Director may hear oral arguments and thereafter shall issue the order. The report of findings of fact, conclusions of law, and recommendations of the Hearing Officer shall be the basis for the Department's order. If the Director finds that substantial justice was not done, the Director may issue an order in contravention of the Hearing Officer's recommendations. The Director shall promptly provide a written explanation to all parties to the proceeding of any disagreement with the Hearing Officer's recommendations.
(Source: P.A. 91‑239, eff. 1‑1‑00; 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/19) (from Ch. 111, par. 2420)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 19. Any circuit court may, upon application of the Director or of the applicant or licensee against whom proceedings upon Section 17 of this Act are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books and records in connection with any hearing in any proceedings under that section. The court may compel obedience to its order by proceedings for contempt.
(Source: P.A. 83‑334.)

    (225 ILCS 430/20) (from Ch. 111, par. 2421)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 20. Any person affected by a final administrative decision of the Department may have such decision reviewed judicially by the circuit court of the county wherein such person resides. If the plaintiff in the review proceeding is not a resident of this State, the venue shall be in Sangamon County. The provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Department hereunder. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
    The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a Judicial review proceeding, unless there is filed in the court with the complaint a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record which costs shall be computed at the rate of 20 cents per page of such record. Exhibit shall be certified without cost. Failure on the part of the Plaintiff to file such receipt in court shall be grounds for dismissal of the action.
(Source: P.A. 82‑783.)

    (225 ILCS 430/21) (from Ch. 111, par. 2422)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 21. Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the Department and if the licensee fails to do so, the Department shall have the right to seize the same.
(Source: Laws 1963, p. 3300.)

    (225 ILCS 430/22) (from Ch. 111, par. 2423)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 22. Regulations; forms. The Director may issue regulations, consistent with the provisions of this Act, for the administration and enforcement thereof and may prescribe forms which shall be issued in connection therewith.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/23) (from Ch. 111, par. 2424)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 23. Action or counterclaim. No action or counterclaim shall be maintained by any person in any court in this State with respect to any agreement or services for which a license is required by this Act or to recover the agreed price or any compensation under any such agreement, or for such services for which a license is required by this Act without alleging and proving that such person had a valid license at the time of making such agreement or doing such work.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/24) (from Ch. 111, par. 2425)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 24. <

State Codes and Statutes

Statutes > Illinois > Chapter225 > 1356

    (225 ILCS 430/0.01) (from Ch. 111, par. 2400)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 0.01. Short title. This Act may be cited as the Detection of Deception Examiners Act.
(Source: P.A. 86‑1324.)

    (225 ILCS 430/1) (from Ch. 111, par. 2401)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 1. Definitions. As used in this Act, unless the context otherwise requires:
    "Detection of Deception Examination", hereinafter referred to as "Examination" means any examination in which a device or instrument is used to test or question individuals for the purpose of evaluating truthfulness or untruthfulness.
    "Examiner" means any person licensed under this Act.
    "Person" includes any natural person, partnership, association, corporation or trust.
    "Department" means the Department of Professional Regulation of the State of Illinois.
    "Director" means the Director of Professional Regulation of the State of Illinois.
    "Him" means both the male and female gender.
    "Law enforcement agency" means an agency of the State or a unit of local government that is vested by law or ordinance with the power to maintain public order and to enforce criminal laws and ordinances.
(Source: P.A. 92‑453, eff. 8‑21‑01; 93‑619, eff. 12‑15‑03.)

    (225 ILCS 430/2) (from Ch. 111, par. 2402)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 2. The practice of the detection of deception in the State of Illinois is declared to affect the public health, safety and welfare and is subject to regulation and control in the public interest.
(Source: Laws 1963, p. 3300.)

    (225 ILCS 430/3) (from Ch. 111, par. 2403)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 3. Every examiner shall use an instrument which records permanently and simultaneously the subject's cardiovascular, respiratory and galvanic skin response patterns as minimum standards and shall base his evaluation upon changes in such patterns. Such an instrument may record additional physiological patterns pertinent to the detection of deception. The examiner may also consider changes in such additional patterns in making his evaluations. An examiner shall, upon written request of a person examined, make known the results of such test to the person examined within 5 days of receipt of the written request.
(Source: P.A. 82‑200.)

    (225 ILCS 430/4) (from Ch. 111, par. 2404)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 4. Registration or license required; exceptions.
    (a) It is unlawful for any person to administer detection of deception examinations, or attempt to hold himself out as an Examiner, unless registered or licensed by the Department. However, this shall not prohibit the use of detection of deception equipment by a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987 when the results are to be used in research.
    (b) Nothing in this Act prohibits the use of a voice stress analyzer by any fully trained full time certified law enforcement officer of a law enforcement agency in the course of its duties as an investigative aid in a criminal investigation. Law enforcement users of a voice stress analyzer shall be trained in a manner approved by the Illinois Law Enforcement Training Standards Board. The use of a voice stress analyzer shall be conducted only with the prior written consent of the subject of such investigation. Surreptitious use of a voice stress analyzer is prohibited. Use of a voice stress analyzer is prohibited when a State or local law enforcement officer stops a motorist for an alleged violation of the Illinois Vehicle Code. A voice stress analyzer is prohibited for use in pre‑employment screening and for internal investigations. For the purposes of this subsection (b), "voice stress analyzer" means an investigative tool that records voice stress factors related to frequency modulations in the human voice.
(Source: P.A. 93‑619, eff. 12‑15‑03.)

    (225 ILCS 430/4.5)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 4.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a detection of deception examiner without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 89‑474, eff. 6‑18‑96.)

    (225 ILCS 430/7) (from Ch. 111, par. 2407)
    Sec. 7. (Repealed).
(Source: P.A. 85‑1209. Repealed by P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/7.1) (from Ch. 111, par. 2408)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 7.1. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act that provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation or renewal of the license is specifically excluded. For the purposes of this Act the notice required under Section 10‑25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 88‑45.)

    (225 ILCS 430/7.2)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 7.2. Detection of Deception Examiners Act Coordinator. The Director shall appoint a Detection of Deception Examiners Act Coordinator to assist the Department in the administration of this Act. The Detection of Deception Examiners Act Coordinator shall be a person licensed under this Act and shall have no less than 10 years of experience as an Illinois licensed Detection of Deception Examiner. The Detection of Deception Examiners Act Coordinator shall perform such administrative functions on a full or part‑time basis as may be delegated to him or her by the Director, including, but not limited to, revision of the licensing examination and review of the training and qualifications of applicants from a jurisdiction outside of Illinois.
    Whenever the Director is satisfied that substantial justice has not been done in an examination, he may order a re‑examination by the same or other examiners.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/7.3)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 7.3. Appointment of a Hearing Officer. The Director has the authority to appoint an attorney, licensed to practice law in the State of Illinois, to serve as a Hearing Officer in any action for refusal to issue or renew a license or to discipline a license. The Hearing Officer has full authority to conduct the hearing. The appointed Detection of Deception Coordinator may attend hearings and advise the Hearing Officer on technical matters involving Detection of Deception examinations.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/8) (from Ch. 111, par. 2409)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 8. Applications for original licenses shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. Any such application shall require such information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license.
    If an applicant neglects, fails without an approved excuse or refuses to take the next available examination for a license under this Act, the fee paid by the applicant shall be forfeited and the application denied. If an applicant fails to pass an examination for a license under this Act within 3 years after filing his application, the application shall be denied. However, such applicant may thereafter make a new application for examination, accompanied by the required fee.
(Source: P.A. 84‑266.)

    (225 ILCS 430/8.5)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 8.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, reinstated, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 430/10) (from Ch. 111, par. 2411)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 10. Each non‑resident applicant for an original license or a renewal license, shall file an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process in any action may be served on the applicant by leaving two copies thereof with the Director of the Department. Such consent shall stipulate and agree that such service of process shall be taken and held to be valid and binding for all purposes. The Director shall send forthwith one copy of the process to the applicant at the address shown on the records of the Department by registered or certified mail.
(Source: Laws 1963, p. 3300.)

    (225 ILCS 430/10.1) (from Ch. 111, par. 2411.1)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 10.1. Prior to beginning the 6 months of study of detection of deception required by paragraph D of Section 11, a person shall register with the Department. Persons who so register may administer examinations under the supervision and control of an examiner during their course of study.
    This registration is valid for 1 year and may not be renewed.
(Source: P.A. 82‑200.)

    (225 ILCS 430/11) (from Ch. 111, par. 2412)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 11. Qualifications for licensure as an examiner. A person is qualified to receive a license as an examiner:
    A. Who establishes that he is a person of good moral character; and
    B. Who has passed an examination approved by the Department to determine his competency to obtain a license to practice as an examiner; and
    C. Who has had conferred upon him an academic degree, at the baccalaureate level, from an accredited college or university; and
    D. Who has satisfactorily completed 6 months of study in detection of deception, as prescribed by rule.
    Conviction of a misdemeanor involving moral turpitude or a felony may be considered, but shall not be determinative, in determining whether an applicant is of good moral character.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/13) (from Ch. 111, par. 2414)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 13. The expiration date and renewal period for each license issued under this Act shall be set by rule. An examiner whose license has expired may reinstate his license at any time within 5 years after the expiration thereof, by making a renewal application therefor and by paying the required fee. However, any examiner whose license expired while he was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed, reinstated or restored without paying any lapsed renewal and restoration fees if within 2 years after honorable termination of such service, training or education except under conditions other than honorable, he furnishes the Department with satisfactory evidence to the effect that he has been so engaged and that his service, training or education has been so terminated.
    A license or duplicate license must be prominently displayed at the principal place of business of every examiner.
    Notice in writing shall be given to the Department by such license holder of any change of principal business location whereupon, the Department shall issue a new license for the unexpired period upon payment of the required fee. A change of business location without notification to the Department and without the issuance by it of a new license shall automatically suspend the license theretofore issued.
(Source: P.A. 84‑1299.)

    (225 ILCS 430/14) (from Ch. 111, par. 2415)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 14. The Department may refuse to issue, may suspend or may revoke a license for any one of the following grounds:
    A. Material misstatement in the application for original license or in the application for any renewal license under this Act.
    B. Wilful disregard or violation of this Act or of any regulation or rule issued pursuant thereto.
    C. Conviction in this or another State of any crime which is a felony under the laws of this State or conviction of a felony in a federal court, or conviction of a misdemeanor involving moral turpitude.
    D. Making any wilful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or trainees.
    E. Having demonstrated incompetency to act as an examiner as defined under this Act.
    F. Allowing one's license under this Act to be used by an unlicensed person in violation of this Act.
    G. Wilfully aiding or abetting another in the violation of this Act or of any rule issued by the Department pursuant thereto.
    H. Where the license holder has been adjudged mentally ill, mentally deficient or subject to involuntary admission as provided in the Mental Health and Developmental Disabilities Code.
    I. Failing, within a reasonable time, to provide information requested by the Department as the result of a formal or informal complaint to the Department, which would indicate a violation of this Act.
    J. Failure to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
(Source: P.A. 85‑1222.)

    (225 ILCS 430/14.1) (from Ch. 111, par. 2415.1)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 14.1. No Examiner shall inquire into any of the following areas during pre‑employment or periodic employment examinations, unless the area is directly related to employment:
    (1) Religious beliefs or affiliations;
    (2) Beliefs or opinions regarding racial matters;
    (3) Political beliefs or affiliations;
    (4) Beliefs, affiliations or lawful activities regarding unions or labor organizations; or
    (5) Sexual preferences or activity.
(Source: P.A. 82‑200.)

    (225 ILCS 430/15) (from Ch. 111, par. 2416)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 15. Any unlawful act or violation of any of the provisions of this Act upon the part of any examiner or trainee, shall not be cause for revocation of the license of any other examiner for whom the offending examiner may have been employed, unless it shall appear that the examiner has wilfully aided or abetted the actions or activities of the offending examiner or trainee.
(Source: Laws 1963, p. 3300.)

    (225 ILCS 430/16) (from Ch. 111, par. 2417)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 16. The Department shall maintain a roster of the names and addresses of all licensees and registrants and of all persons whose licenses have been suspended or revoked within the previous year. This roster shall be available upon written request and payment of the required fee.
(Source: P.A. 82‑200.)

    (225 ILCS 430/17) (from Ch. 111, par. 2418)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 17. Complaints; investigations. The Department may upon its own motion and shall, upon the verified complaint in writing of any person setting forth facts which if proved would constitute grounds for refusal, suspension or revocation of a license under this Act, investigate the actions of any applicant or any person or persons holding or claiming to hold a license. The Department shall, before refusing to issue and before suspension or revocation of a license, at least 30 days prior to the date set for the hearing, notify in writing the applicant for, or holder of, a license of the nature of the charges and that a hearing will be held on the date designated. The Department shall direct the applicant or licensee to file a written answer with the Department under oath within 20 days after the service of the notice and inform the applicant or licensee that failure to file an answer will result in default being taken against the applicant or licensee and that the license or certificate may be suspended, revoked, placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature or extent of practice, as the Director may deem proper. In case the person fails to file an answer after receiving notice, his or her license or certificate may, in the discretion of the Department, be suspended, revoked, or placed on probationary status, or the Department may take whatever disciplinary action deemed proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act. The hearing shall determine whether the applicant or holder, hereinafter called the respondent is privileged to hold a license, and shall afford the respondent an opportunity to be heard in person or by counsel in reference thereto. Written notice may be served by delivery of the same personally to the respondent at the address of his last notification to the Department. At the time and place fixed in the notice, the Department shall proceed to hear the charges and both the respondent and Department shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to their defense. The Department may continue the hearing from time to time.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/18) (from Ch. 111, par. 2419)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 18. Stenographer; transcript; Hearing Officer report. The Department, at its expense, shall provide a stenographer to take down the testimony and preserve a record of all proceedings at the hearing of any case involving the refusal to issue or the suspension or revocation of a license. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Hearing Officer and orders of the Department shall be the records of the proceedings. The Department shall furnish a transcript of the record to any person or persons interested in the hearing upon the payment of the fee required under Section 2105‑115 of the Department of Professional Regulation Law (20 ILCS 2105/2105‑115).
    At the conclusion of the hearing, the Hearing Officer shall make findings of fact, conclusions of law, and recommendations, separately stated, and submit them to the Director and to all parties to the proceeding.
    The Hearing Officer's findings of fact, conclusions of law, and recommendations shall be served upon the licensee in a similar fashion as service of the notice of formal charges. Within 20 days after the service, any party to the proceeding may present to the Director a motion, in writing, specifying the particular grounds for a rehearing.
    The Director, following the time allowed for filing a motion for rehearing, shall review the Hearing Officer's findings of fact, conclusions of law, and recommendations and any subsequently filed motions. After review of the information, the Director may hear oral arguments and thereafter shall issue the order. The report of findings of fact, conclusions of law, and recommendations of the Hearing Officer shall be the basis for the Department's order. If the Director finds that substantial justice was not done, the Director may issue an order in contravention of the Hearing Officer's recommendations. The Director shall promptly provide a written explanation to all parties to the proceeding of any disagreement with the Hearing Officer's recommendations.
(Source: P.A. 91‑239, eff. 1‑1‑00; 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/19) (from Ch. 111, par. 2420)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 19. Any circuit court may, upon application of the Director or of the applicant or licensee against whom proceedings upon Section 17 of this Act are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books and records in connection with any hearing in any proceedings under that section. The court may compel obedience to its order by proceedings for contempt.
(Source: P.A. 83‑334.)

    (225 ILCS 430/20) (from Ch. 111, par. 2421)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 20. Any person affected by a final administrative decision of the Department may have such decision reviewed judicially by the circuit court of the county wherein such person resides. If the plaintiff in the review proceeding is not a resident of this State, the venue shall be in Sangamon County. The provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Department hereunder. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
    The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a Judicial review proceeding, unless there is filed in the court with the complaint a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record which costs shall be computed at the rate of 20 cents per page of such record. Exhibit shall be certified without cost. Failure on the part of the Plaintiff to file such receipt in court shall be grounds for dismissal of the action.
(Source: P.A. 82‑783.)

    (225 ILCS 430/21) (from Ch. 111, par. 2422)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 21. Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the Department and if the licensee fails to do so, the Department shall have the right to seize the same.
(Source: Laws 1963, p. 3300.)

    (225 ILCS 430/22) (from Ch. 111, par. 2423)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 22. Regulations; forms. The Director may issue regulations, consistent with the provisions of this Act, for the administration and enforcement thereof and may prescribe forms which shall be issued in connection therewith.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/23) (from Ch. 111, par. 2424)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 23. Action or counterclaim. No action or counterclaim shall be maintained by any person in any court in this State with respect to any agreement or services for which a license is required by this Act or to recover the agreed price or any compensation under any such agreement, or for such services for which a license is required by this Act without alleging and proving that such person had a valid license at the time of making such agreement or doing such work.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/24) (from Ch. 111, par. 2425)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 24. <

State Codes and Statutes

State Codes and Statutes

Statutes > Illinois > Chapter225 > 1356

    (225 ILCS 430/0.01) (from Ch. 111, par. 2400)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 0.01. Short title. This Act may be cited as the Detection of Deception Examiners Act.
(Source: P.A. 86‑1324.)

    (225 ILCS 430/1) (from Ch. 111, par. 2401)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 1. Definitions. As used in this Act, unless the context otherwise requires:
    "Detection of Deception Examination", hereinafter referred to as "Examination" means any examination in which a device or instrument is used to test or question individuals for the purpose of evaluating truthfulness or untruthfulness.
    "Examiner" means any person licensed under this Act.
    "Person" includes any natural person, partnership, association, corporation or trust.
    "Department" means the Department of Professional Regulation of the State of Illinois.
    "Director" means the Director of Professional Regulation of the State of Illinois.
    "Him" means both the male and female gender.
    "Law enforcement agency" means an agency of the State or a unit of local government that is vested by law or ordinance with the power to maintain public order and to enforce criminal laws and ordinances.
(Source: P.A. 92‑453, eff. 8‑21‑01; 93‑619, eff. 12‑15‑03.)

    (225 ILCS 430/2) (from Ch. 111, par. 2402)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 2. The practice of the detection of deception in the State of Illinois is declared to affect the public health, safety and welfare and is subject to regulation and control in the public interest.
(Source: Laws 1963, p. 3300.)

    (225 ILCS 430/3) (from Ch. 111, par. 2403)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 3. Every examiner shall use an instrument which records permanently and simultaneously the subject's cardiovascular, respiratory and galvanic skin response patterns as minimum standards and shall base his evaluation upon changes in such patterns. Such an instrument may record additional physiological patterns pertinent to the detection of deception. The examiner may also consider changes in such additional patterns in making his evaluations. An examiner shall, upon written request of a person examined, make known the results of such test to the person examined within 5 days of receipt of the written request.
(Source: P.A. 82‑200.)

    (225 ILCS 430/4) (from Ch. 111, par. 2404)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 4. Registration or license required; exceptions.
    (a) It is unlawful for any person to administer detection of deception examinations, or attempt to hold himself out as an Examiner, unless registered or licensed by the Department. However, this shall not prohibit the use of detection of deception equipment by a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987 when the results are to be used in research.
    (b) Nothing in this Act prohibits the use of a voice stress analyzer by any fully trained full time certified law enforcement officer of a law enforcement agency in the course of its duties as an investigative aid in a criminal investigation. Law enforcement users of a voice stress analyzer shall be trained in a manner approved by the Illinois Law Enforcement Training Standards Board. The use of a voice stress analyzer shall be conducted only with the prior written consent of the subject of such investigation. Surreptitious use of a voice stress analyzer is prohibited. Use of a voice stress analyzer is prohibited when a State or local law enforcement officer stops a motorist for an alleged violation of the Illinois Vehicle Code. A voice stress analyzer is prohibited for use in pre‑employment screening and for internal investigations. For the purposes of this subsection (b), "voice stress analyzer" means an investigative tool that records voice stress factors related to frequency modulations in the human voice.
(Source: P.A. 93‑619, eff. 12‑15‑03.)

    (225 ILCS 430/4.5)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 4.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a detection of deception examiner without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 89‑474, eff. 6‑18‑96.)

    (225 ILCS 430/7) (from Ch. 111, par. 2407)
    Sec. 7. (Repealed).
(Source: P.A. 85‑1209. Repealed by P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/7.1) (from Ch. 111, par. 2408)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 7.1. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act that provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation or renewal of the license is specifically excluded. For the purposes of this Act the notice required under Section 10‑25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 88‑45.)

    (225 ILCS 430/7.2)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 7.2. Detection of Deception Examiners Act Coordinator. The Director shall appoint a Detection of Deception Examiners Act Coordinator to assist the Department in the administration of this Act. The Detection of Deception Examiners Act Coordinator shall be a person licensed under this Act and shall have no less than 10 years of experience as an Illinois licensed Detection of Deception Examiner. The Detection of Deception Examiners Act Coordinator shall perform such administrative functions on a full or part‑time basis as may be delegated to him or her by the Director, including, but not limited to, revision of the licensing examination and review of the training and qualifications of applicants from a jurisdiction outside of Illinois.
    Whenever the Director is satisfied that substantial justice has not been done in an examination, he may order a re‑examination by the same or other examiners.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/7.3)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 7.3. Appointment of a Hearing Officer. The Director has the authority to appoint an attorney, licensed to practice law in the State of Illinois, to serve as a Hearing Officer in any action for refusal to issue or renew a license or to discipline a license. The Hearing Officer has full authority to conduct the hearing. The appointed Detection of Deception Coordinator may attend hearings and advise the Hearing Officer on technical matters involving Detection of Deception examinations.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/8) (from Ch. 111, par. 2409)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 8. Applications for original licenses shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. Any such application shall require such information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license.
    If an applicant neglects, fails without an approved excuse or refuses to take the next available examination for a license under this Act, the fee paid by the applicant shall be forfeited and the application denied. If an applicant fails to pass an examination for a license under this Act within 3 years after filing his application, the application shall be denied. However, such applicant may thereafter make a new application for examination, accompanied by the required fee.
(Source: P.A. 84‑266.)

    (225 ILCS 430/8.5)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 8.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, reinstated, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 430/10) (from Ch. 111, par. 2411)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 10. Each non‑resident applicant for an original license or a renewal license, shall file an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process in any action may be served on the applicant by leaving two copies thereof with the Director of the Department. Such consent shall stipulate and agree that such service of process shall be taken and held to be valid and binding for all purposes. The Director shall send forthwith one copy of the process to the applicant at the address shown on the records of the Department by registered or certified mail.
(Source: Laws 1963, p. 3300.)

    (225 ILCS 430/10.1) (from Ch. 111, par. 2411.1)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 10.1. Prior to beginning the 6 months of study of detection of deception required by paragraph D of Section 11, a person shall register with the Department. Persons who so register may administer examinations under the supervision and control of an examiner during their course of study.
    This registration is valid for 1 year and may not be renewed.
(Source: P.A. 82‑200.)

    (225 ILCS 430/11) (from Ch. 111, par. 2412)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 11. Qualifications for licensure as an examiner. A person is qualified to receive a license as an examiner:
    A. Who establishes that he is a person of good moral character; and
    B. Who has passed an examination approved by the Department to determine his competency to obtain a license to practice as an examiner; and
    C. Who has had conferred upon him an academic degree, at the baccalaureate level, from an accredited college or university; and
    D. Who has satisfactorily completed 6 months of study in detection of deception, as prescribed by rule.
    Conviction of a misdemeanor involving moral turpitude or a felony may be considered, but shall not be determinative, in determining whether an applicant is of good moral character.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/13) (from Ch. 111, par. 2414)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 13. The expiration date and renewal period for each license issued under this Act shall be set by rule. An examiner whose license has expired may reinstate his license at any time within 5 years after the expiration thereof, by making a renewal application therefor and by paying the required fee. However, any examiner whose license expired while he was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed, reinstated or restored without paying any lapsed renewal and restoration fees if within 2 years after honorable termination of such service, training or education except under conditions other than honorable, he furnishes the Department with satisfactory evidence to the effect that he has been so engaged and that his service, training or education has been so terminated.
    A license or duplicate license must be prominently displayed at the principal place of business of every examiner.
    Notice in writing shall be given to the Department by such license holder of any change of principal business location whereupon, the Department shall issue a new license for the unexpired period upon payment of the required fee. A change of business location without notification to the Department and without the issuance by it of a new license shall automatically suspend the license theretofore issued.
(Source: P.A. 84‑1299.)

    (225 ILCS 430/14) (from Ch. 111, par. 2415)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 14. The Department may refuse to issue, may suspend or may revoke a license for any one of the following grounds:
    A. Material misstatement in the application for original license or in the application for any renewal license under this Act.
    B. Wilful disregard or violation of this Act or of any regulation or rule issued pursuant thereto.
    C. Conviction in this or another State of any crime which is a felony under the laws of this State or conviction of a felony in a federal court, or conviction of a misdemeanor involving moral turpitude.
    D. Making any wilful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or trainees.
    E. Having demonstrated incompetency to act as an examiner as defined under this Act.
    F. Allowing one's license under this Act to be used by an unlicensed person in violation of this Act.
    G. Wilfully aiding or abetting another in the violation of this Act or of any rule issued by the Department pursuant thereto.
    H. Where the license holder has been adjudged mentally ill, mentally deficient or subject to involuntary admission as provided in the Mental Health and Developmental Disabilities Code.
    I. Failing, within a reasonable time, to provide information requested by the Department as the result of a formal or informal complaint to the Department, which would indicate a violation of this Act.
    J. Failure to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
(Source: P.A. 85‑1222.)

    (225 ILCS 430/14.1) (from Ch. 111, par. 2415.1)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 14.1. No Examiner shall inquire into any of the following areas during pre‑employment or periodic employment examinations, unless the area is directly related to employment:
    (1) Religious beliefs or affiliations;
    (2) Beliefs or opinions regarding racial matters;
    (3) Political beliefs or affiliations;
    (4) Beliefs, affiliations or lawful activities regarding unions or labor organizations; or
    (5) Sexual preferences or activity.
(Source: P.A. 82‑200.)

    (225 ILCS 430/15) (from Ch. 111, par. 2416)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 15. Any unlawful act or violation of any of the provisions of this Act upon the part of any examiner or trainee, shall not be cause for revocation of the license of any other examiner for whom the offending examiner may have been employed, unless it shall appear that the examiner has wilfully aided or abetted the actions or activities of the offending examiner or trainee.
(Source: Laws 1963, p. 3300.)

    (225 ILCS 430/16) (from Ch. 111, par. 2417)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 16. The Department shall maintain a roster of the names and addresses of all licensees and registrants and of all persons whose licenses have been suspended or revoked within the previous year. This roster shall be available upon written request and payment of the required fee.
(Source: P.A. 82‑200.)

    (225 ILCS 430/17) (from Ch. 111, par. 2418)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 17. Complaints; investigations. The Department may upon its own motion and shall, upon the verified complaint in writing of any person setting forth facts which if proved would constitute grounds for refusal, suspension or revocation of a license under this Act, investigate the actions of any applicant or any person or persons holding or claiming to hold a license. The Department shall, before refusing to issue and before suspension or revocation of a license, at least 30 days prior to the date set for the hearing, notify in writing the applicant for, or holder of, a license of the nature of the charges and that a hearing will be held on the date designated. The Department shall direct the applicant or licensee to file a written answer with the Department under oath within 20 days after the service of the notice and inform the applicant or licensee that failure to file an answer will result in default being taken against the applicant or licensee and that the license or certificate may be suspended, revoked, placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature or extent of practice, as the Director may deem proper. In case the person fails to file an answer after receiving notice, his or her license or certificate may, in the discretion of the Department, be suspended, revoked, or placed on probationary status, or the Department may take whatever disciplinary action deemed proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act. The hearing shall determine whether the applicant or holder, hereinafter called the respondent is privileged to hold a license, and shall afford the respondent an opportunity to be heard in person or by counsel in reference thereto. Written notice may be served by delivery of the same personally to the respondent at the address of his last notification to the Department. At the time and place fixed in the notice, the Department shall proceed to hear the charges and both the respondent and Department shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to their defense. The Department may continue the hearing from time to time.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/18) (from Ch. 111, par. 2419)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 18. Stenographer; transcript; Hearing Officer report. The Department, at its expense, shall provide a stenographer to take down the testimony and preserve a record of all proceedings at the hearing of any case involving the refusal to issue or the suspension or revocation of a license. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Hearing Officer and orders of the Department shall be the records of the proceedings. The Department shall furnish a transcript of the record to any person or persons interested in the hearing upon the payment of the fee required under Section 2105‑115 of the Department of Professional Regulation Law (20 ILCS 2105/2105‑115).
    At the conclusion of the hearing, the Hearing Officer shall make findings of fact, conclusions of law, and recommendations, separately stated, and submit them to the Director and to all parties to the proceeding.
    The Hearing Officer's findings of fact, conclusions of law, and recommendations shall be served upon the licensee in a similar fashion as service of the notice of formal charges. Within 20 days after the service, any party to the proceeding may present to the Director a motion, in writing, specifying the particular grounds for a rehearing.
    The Director, following the time allowed for filing a motion for rehearing, shall review the Hearing Officer's findings of fact, conclusions of law, and recommendations and any subsequently filed motions. After review of the information, the Director may hear oral arguments and thereafter shall issue the order. The report of findings of fact, conclusions of law, and recommendations of the Hearing Officer shall be the basis for the Department's order. If the Director finds that substantial justice was not done, the Director may issue an order in contravention of the Hearing Officer's recommendations. The Director shall promptly provide a written explanation to all parties to the proceeding of any disagreement with the Hearing Officer's recommendations.
(Source: P.A. 91‑239, eff. 1‑1‑00; 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/19) (from Ch. 111, par. 2420)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 19. Any circuit court may, upon application of the Director or of the applicant or licensee against whom proceedings upon Section 17 of this Act are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books and records in connection with any hearing in any proceedings under that section. The court may compel obedience to its order by proceedings for contempt.
(Source: P.A. 83‑334.)

    (225 ILCS 430/20) (from Ch. 111, par. 2421)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 20. Any person affected by a final administrative decision of the Department may have such decision reviewed judicially by the circuit court of the county wherein such person resides. If the plaintiff in the review proceeding is not a resident of this State, the venue shall be in Sangamon County. The provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Department hereunder. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
    The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a Judicial review proceeding, unless there is filed in the court with the complaint a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record which costs shall be computed at the rate of 20 cents per page of such record. Exhibit shall be certified without cost. Failure on the part of the Plaintiff to file such receipt in court shall be grounds for dismissal of the action.
(Source: P.A. 82‑783.)

    (225 ILCS 430/21) (from Ch. 111, par. 2422)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 21. Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the Department and if the licensee fails to do so, the Department shall have the right to seize the same.
(Source: Laws 1963, p. 3300.)

    (225 ILCS 430/22) (from Ch. 111, par. 2423)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 22. Regulations; forms. The Director may issue regulations, consistent with the provisions of this Act, for the administration and enforcement thereof and may prescribe forms which shall be issued in connection therewith.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/23) (from Ch. 111, par. 2424)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 23. Action or counterclaim. No action or counterclaim shall be maintained by any person in any court in this State with respect to any agreement or services for which a license is required by this Act or to recover the agreed price or any compensation under any such agreement, or for such services for which a license is required by this Act without alleging and proving that such person had a valid license at the time of making such agreement or doing such work.
(Source: P.A. 92‑453, eff. 8‑21‑01.)

    (225 ILCS 430/24) (from Ch. 111, par. 2425)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 24. <