State Codes and Statutes

Statutes > Illinois > Chapter225 > 1351 > 022504100HArt_IV


      (225 ILCS 410/Art. IV heading)
ARTICLE IV ADMINISTRATION & ENFORCEMENT

    (225 ILCS 410/4‑1)(from Ch. 111, par. 1704‑1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑1. Powers and duties of Department. The Department shall exercise, subject to the provisions of this Act, the following functions, powers and duties:
        (1) To cause to be conducted examinations to
     ascertain the qualifications and fitness of applicants for licensure as cosmetologists, estheticians, nail technicians, or barbers and as cosmetology, esthetics, nail technology, or barbering teachers.
        (2) To determine the qualifications for licensure as
     a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barber teacher or cosmetology, esthetics, or nail technology clinic teachers for persons currently licensed as cosmetologists, estheticians, nail technicians, or barbers or cosmetology, esthetics, nail technology, or barber teachers or cosmetology, esthetics, or nail technology clinic teachers outside the State of Illinois or the continental U.S.
        (3) To prescribe rules for:
            (i) The method of examination of candidates for
         licensure as a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barbering teacher.
            (ii) Minimum standards as to what constitutes an
         approved school of cosmetology, esthetics, nail technology, or barbering.
        (4) To conduct investigations or hearings on
     proceedings to determine disciplinary action.
        (5) To prescribe reasonable rules governing the
     sanitary regulation and inspection of cosmetology, esthetics, nail technology, or barbering schools, salons, or shops.
        (6) To prescribe reasonable rules for the method of
     renewal for each license as a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barbering teacher or cosmetology, esthetics, or nail technology clinic teacher.
        (7) To prescribe reasonable rules for the method of
     registration, the issuance, fees, renewal and discipline of a certificate of registration for the ownership or operation of cosmetology, esthetics, and nail technology salons and barber shops.
(Source: P.A. 94‑451, eff. 12‑31‑05.)

    (225 ILCS 410/4‑1.5)
    Sec. 4‑1.5. (Repealed).
(Source: P.A. 89‑706. eff. 1‑31‑97. Repealed by P.A. 94‑451, eff. 12‑31‑05.)

    (225 ILCS 410/4‑2)(from Ch. 111, par. 1704‑2)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑2. The Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board. There is established within the Department the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board, composed of 11 persons, which shall serve in an advisory capacity to the Secretary in all matters related to the practice of barbering, cosmetology, esthetics, hair braiding, and nail technology.
    The 11 members of the Board shall be appointed as follows: 6 licensed cosmetologists, all of whom hold a current license as a cosmetologist or cosmetology teacher and, for appointments made after the effective date of this amendatory Act of 1996, at least 2 of whom shall be an owner of or a major stockholder in a school of cosmetology, 2 of whom shall be representatives of either a franchiser or an owner operating salons in 2 or more locations within the State, one of whom shall be an independent salon owner, and no one of the cosmetologist members shall be a manufacturer, jobber, or stockholder in a factory of cosmetology articles or an immediate family member of any of the above; one of whom shall be a barber holding a current license; one member who shall be a licensed esthetician or esthetics teacher; one member who shall be a licensed nail technician or nail technology teacher; one member who shall be a licensed hair braider or hair braiding teacher; and one public member who holds no licenses issued by the Department. The Secretary shall give due consideration for membership to recommendations by members of the professions and by their professional organizations. Members shall serve 4 year terms and until their successors are appointed and qualified. No member shall be reappointed to the Board for more than 2 terms. Appointments to fill vacancies shall be made in the same manner as original appointments for the unexpired portion of the vacated term. Members of the Board in office on the effective date of this amendatory Act of 1996 shall continue to serve for the duration of the terms to which they have been appointed, but beginning on that effective date all appointments of licensed cosmetologists and barbers to serve as members of the Board shall be made in a manner that will effect at the earliest possible date the changes made by this amendatory Act of 1996 in the representative composition of the Board.
    For the initial appointment of a member who shall be a hair braider or hair braiding teacher to the Board, such individual shall not be required to possess a license at the time of appointment, but shall have at least 5 years active practice in the field of hair braiding and shall obtain a license as a hair braider or a hair braiding teacher within 18 months after appointment to the Board.
    Six members of the Board shall constitute a quorum. A majority is required for Board decisions.
    Whenever the Secretary is satisfied that substantial justice has not been done in an examination, the Secretary may order a reexamination by the same or other examiners.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑3)(from Ch. 111, par. 1704‑3)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑3. Applications. Every person who desires to obtain a license shall apply therefor to the Department in writing, on forms prepared and furnished by the Department. Each application shall contain proof of the particular qualifications required of the applicant, shall be verified by the applicant under oath, and shall be accompanied by the required fee.
(Source: P.A. 89‑387, eff. 1‑1‑96; 89‑706, eff. 1‑31‑97.)

    (225 ILCS 410/4‑4)(from Ch. 111, par. 1704‑4)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑4. Issuance of license. Whenever the provisions of this Act have been complied with, the Department shall issue a license as a cosmetologist, esthetician, nail technician, hair braider, or barber, a license as a cosmetology, esthetics, nail technology, hair braiding, or barber teacher, or a license as a cosmetology, esthetics, hair braiding, or nail technology clinic teacher as the case may be.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑4a)(from Ch. 111, par. 1704‑4a)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑4a. Renewal of license. The expiration date and renewal period for each license issued under this Act shall be set by rule.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/4‑5)(from Ch. 111, par. 1704‑5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑5. Fees.
    (a) Except as provided in paragraph (b) below, the fees for the administration and enforcement of this Act, including but not limited to fees for original licensure, renewal, and restoration shall be set by the Department by rule. The fees shall not be refundable.
    (b) Applicants for examination shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of initial screening to determine eligibility and providing the examination. Failure to appear for the examination on the scheduled date at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
    (c) If an applicant fails to pass an examination for licensure 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.
    (d) An individual applying on the basis of endorsement or restoration of licensure has 3 years from the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee forfeited. The applicant may reapply, but shall meet the requirements in effect at the time of reapplication.
    (e) An applicant has one year from the date of notification of successful completion of the examination to apply to the Department for a license. If an applicant fails to apply within one year the applicant shall be required to take and pass the examination again.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/4‑5.1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑5.1. Deposit of fees and fines. Beginning July 1, 1995, all of the fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund.
    The funds deposited under this Act into the General Professions Dedicated Fund, may be used by the Department to publish and distribute a newsletter to all persons licensed under this Act; such a newsletter should contain information about any changes in the Act or administrative rules concerning cosmetologists, cosmetology teachers, or cosmetology clinic teachers. If appropriate funding is available, the Department may also distribute to all persons licensed under this Act copies of this Act and the appropriate administrative rules that apply, during the renewal process.
(Source: P.A. 90‑602, eff. 1‑1‑99.)

    (225 ILCS 410/4‑6)(from Ch. 111, par. 1704‑6)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑6. Payments; penalty for insufficient funds. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑7)(from Ch. 111, par. 1704‑7)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑7. Refusal, suspension and revocation of licenses; causes; disciplinary action.
    (1) The Department may refuse to issue or renew, and may suspend, revoke, place on probation, reprimand or take any other disciplinary action as the Department may deem proper, including civil penalties not to exceed $500 for each violation, with regard to any license for any one, or any combination, of the following causes:
        a. Conviction of any crime under the laws of the
    United States or any state or territory thereof that is (i) a felony, (ii) a misdemeanor, an essential element of which is dishonesty, or (iii) a crime which is related to the practice of the profession.
        b. Conviction of any of the violations listed in
    Section 4‑20.
        c. Material misstatement in furnishing information to
    the Department.
        d. Making any misrepresentation for the purpose of
    obtaining a license or violating any provision of this Act or its rules.
        e. Aiding or assisting another person in violating
    any provision of this Act or its rules.
        f. Failing, within 60 days, to provide information in
    response to a written request made by the Department.
        g. Discipline by another state, territory, or country
    if at least one of the grounds for the discipline is the same as or substantially equivalent to those set forth in this Act.
        h. Practice in the barber, nail technology,
    esthetics, hair braiding, or cosmetology profession, or an attempt to practice in those professions, by fraudulent misrepresentation.
        i. Gross malpractice or gross incompetency.
        j. Continued practice by a person knowingly having an
    infectious or contagious disease.
        k. Solicitation of professional services by using
    false or misleading advertising.
        l. A finding by the Department that the licensee,
    after having his or her license placed on probationary status, has violated the terms of probation.
        m. Directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered.
        n. Violating any of the provisions of this Act or
    rules adopted pursuant to this Act.
        o. Willfully making or filing false records or
    reports relating to a licensee's practice, including but not limited to, false records filed with State agencies or departments.
        p. Habitual or excessive use addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill or safety.
        q. Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive, defraud, or harm the public as may be defined by rules of the Department, or violating the rules of professional conduct which may be adopted by the Department.
        r. Permitting any person to use for any unlawful or
    fraudulent purpose one's diploma or license or certificate of registration as a cosmetologist, nail technician, esthetician, hair braider, or barber or cosmetology, nail technology, esthetics, hair braiding, or barber teacher or salon or shop or cosmetology, esthetics, hair braiding, or nail technology clinic teacher.
        s. Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
    (2) In rendering an order, the Secretary shall take into consideration the facts and circumstances involving the type of acts or omissions in paragraph (1) of this Section including, but not limited to:
        (a) the extent to which public confidence in the
    cosmetology, nail technology, esthetics, hair braiding, or barbering profession was, might have been, or may be, injured;
        (b) the degree of trust and dependence among the
    involved parties;
        (c) the character and degree of harm which did result
    or might have resulted;
        (d) the intent or mental state of the licensee at the
    time of the acts or omissions.
    (3) The Department shall reissue the license or registration upon certification by the Committee that the disciplined licensee or registrant has complied with all of the terms and conditions set forth in the final order or has been sufficiently rehabilitated to warrant the public trust.
    (4) The Department may refuse to issue or may suspend the license or certificate of registration of any person who fails 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.
    (5) The Department shall deny without hearing any application for a license or renewal of a license under this Act by a person who has defaulted on an educational loan guaranteed by the Illinois Student Assistance Commission; however, the Department may issue or renew a license if the person in default has established a satisfactory repayment record as determined by the Illinois Student Assistance Commission.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑8)(from Ch. 111, par. 1704‑8)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑8. Persons in need of mental treatment. The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension. Such suspension shall end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and issues an order so finding and discharging the patient; and upon the recommendation of the Committee to the Secretary that the licensee be allowed to resume his practice.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑9)(from Ch. 111, par. 1704‑9)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑9. Practice without a license or after suspension or revocation thereof.
    (a) If any person violates the provisions of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, petition, for an order enjoining such violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the Court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
    (b) If any person shall practice as a barber, cosmetologist, nail technician, hair braider, or esthetician, or teacher thereof or cosmetology, esthetics, hair braiding, or nail technology clinic teacher or hold himself or herself out as such without being licensed under the provisions of this Act, any licensee, any interested party, or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section.
    (c) Whenever in the opinion of the Department any person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑10)(from Ch. 111, par. 1704‑10)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑10. Refusal, suspension and revocation of licenses; investigations and hearing. The Department may upon its own motion and shall, upon the verified complaint in writing of any person setting forth the facts which if proven would constitute grounds for disciplinary action as set forth in Section 4‑7, investigate the actions of any person holding or claiming to hold a license. The Department shall, at least 30 days prior to the date set for the hearing, notify in writing the applicant or the holder of that license of any charges made and shall afford the accused person an opportunity to be heard in person or by counsel in reference thereto. The Department shall direct the applicant or licensee to file a written answer to the Board 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 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 Secretary may deem proper. The written notice may be served by the delivery of the notice personally to the accused person, or by mailing the notice by registered or certified mail to the place of business last specified by the accused person in his last notification to the Department. 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. At the time and place fixed in the notice, the Committee designated by the Secretary, as provided in this Act, shall proceed to hearing of the charges and both the accused person and the complainant shall be accorded ample opportunity to present in person or by counsel, any statements, testimony, evidence and arguments as may be pertinent to the charges or their defense. The Committee may continue a hearing from time to time. If the Committee is not sitting at the time and place fixed in the notice or at the time and place to which hearing has been continued, the Department shall continue the hearing for not more than 30 days.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑11)(from Ch. 111, par. 1704‑11)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑11. Record of proceedings. 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 wherein a license is revoked or suspended. 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 Committee and the orders of the Department shall be the record of such proceedings.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/4‑12)(from Ch. 111, par. 1704‑12)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑12. Department may take testimony ‑ oaths. The Department shall have power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in civil cases in courts of this State.
    The Secretary and any member of the Committee shall each have power to administer oaths to witnesses at any hearing which the Department is authorized by law to conduct, and any other oaths required or authorized in any Act administered by the Department.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑13)(from Ch. 111, par. 1704‑13)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑13. Attendance of witnesses and production of documents. Any circuit court or any judge thereof, upon the application of the accused person or complainant or of the Department, may by order duly entered, require the attendance of witnesses and the production of relevant books and papers before the Department in any hearing relative to the application for or refusal, recall, suspension or revocation of license, and the court or judge may compel obedience to its or his order by proceedings for contempt.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/4‑14)(from Ch. 111, par. 1704‑14)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑14. Report of committee; rehearing. The Committee shall present to the Secretary its written report of its findings and recommendations. A copy of such report shall be served upon the accused person, either personally or by registered mail as provided in this Section for the service of the citation. Within 20 days after such service, said accused person may present to the Department his or her motion in writing for rehearing, which written motion shall specify the particular grounds therefor. If said accused person shall order and pay for a transcript of the record as provided in this Section, the time elapsing thereafter and before such transcript is ready for delivery to him or her shall not be counted as part of such 20 days. Whenever the Secretary is satisfied that substantial justice has not been done, he or she may order a re‑hearing by the same or a special committee. At the expiration of the time specified for filing a motion or a rehearing the Secretary shall have the right to take the action recommended by the Committee. Upon the suspension or revocatio

State Codes and Statutes

Statutes > Illinois > Chapter225 > 1351 > 022504100HArt_IV


      (225 ILCS 410/Art. IV heading)
ARTICLE IV ADMINISTRATION & ENFORCEMENT

    (225 ILCS 410/4‑1)(from Ch. 111, par. 1704‑1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑1. Powers and duties of Department. The Department shall exercise, subject to the provisions of this Act, the following functions, powers and duties:
        (1) To cause to be conducted examinations to
     ascertain the qualifications and fitness of applicants for licensure as cosmetologists, estheticians, nail technicians, or barbers and as cosmetology, esthetics, nail technology, or barbering teachers.
        (2) To determine the qualifications for licensure as
     a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barber teacher or cosmetology, esthetics, or nail technology clinic teachers for persons currently licensed as cosmetologists, estheticians, nail technicians, or barbers or cosmetology, esthetics, nail technology, or barber teachers or cosmetology, esthetics, or nail technology clinic teachers outside the State of Illinois or the continental U.S.
        (3) To prescribe rules for:
            (i) The method of examination of candidates for
         licensure as a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barbering teacher.
            (ii) Minimum standards as to what constitutes an
         approved school of cosmetology, esthetics, nail technology, or barbering.
        (4) To conduct investigations or hearings on
     proceedings to determine disciplinary action.
        (5) To prescribe reasonable rules governing the
     sanitary regulation and inspection of cosmetology, esthetics, nail technology, or barbering schools, salons, or shops.
        (6) To prescribe reasonable rules for the method of
     renewal for each license as a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barbering teacher or cosmetology, esthetics, or nail technology clinic teacher.
        (7) To prescribe reasonable rules for the method of
     registration, the issuance, fees, renewal and discipline of a certificate of registration for the ownership or operation of cosmetology, esthetics, and nail technology salons and barber shops.
(Source: P.A. 94‑451, eff. 12‑31‑05.)

    (225 ILCS 410/4‑1.5)
    Sec. 4‑1.5. (Repealed).
(Source: P.A. 89‑706. eff. 1‑31‑97. Repealed by P.A. 94‑451, eff. 12‑31‑05.)

    (225 ILCS 410/4‑2)(from Ch. 111, par. 1704‑2)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑2. The Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board. There is established within the Department the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board, composed of 11 persons, which shall serve in an advisory capacity to the Secretary in all matters related to the practice of barbering, cosmetology, esthetics, hair braiding, and nail technology.
    The 11 members of the Board shall be appointed as follows: 6 licensed cosmetologists, all of whom hold a current license as a cosmetologist or cosmetology teacher and, for appointments made after the effective date of this amendatory Act of 1996, at least 2 of whom shall be an owner of or a major stockholder in a school of cosmetology, 2 of whom shall be representatives of either a franchiser or an owner operating salons in 2 or more locations within the State, one of whom shall be an independent salon owner, and no one of the cosmetologist members shall be a manufacturer, jobber, or stockholder in a factory of cosmetology articles or an immediate family member of any of the above; one of whom shall be a barber holding a current license; one member who shall be a licensed esthetician or esthetics teacher; one member who shall be a licensed nail technician or nail technology teacher; one member who shall be a licensed hair braider or hair braiding teacher; and one public member who holds no licenses issued by the Department. The Secretary shall give due consideration for membership to recommendations by members of the professions and by their professional organizations. Members shall serve 4 year terms and until their successors are appointed and qualified. No member shall be reappointed to the Board for more than 2 terms. Appointments to fill vacancies shall be made in the same manner as original appointments for the unexpired portion of the vacated term. Members of the Board in office on the effective date of this amendatory Act of 1996 shall continue to serve for the duration of the terms to which they have been appointed, but beginning on that effective date all appointments of licensed cosmetologists and barbers to serve as members of the Board shall be made in a manner that will effect at the earliest possible date the changes made by this amendatory Act of 1996 in the representative composition of the Board.
    For the initial appointment of a member who shall be a hair braider or hair braiding teacher to the Board, such individual shall not be required to possess a license at the time of appointment, but shall have at least 5 years active practice in the field of hair braiding and shall obtain a license as a hair braider or a hair braiding teacher within 18 months after appointment to the Board.
    Six members of the Board shall constitute a quorum. A majority is required for Board decisions.
    Whenever the Secretary is satisfied that substantial justice has not been done in an examination, the Secretary may order a reexamination by the same or other examiners.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑3)(from Ch. 111, par. 1704‑3)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑3. Applications. Every person who desires to obtain a license shall apply therefor to the Department in writing, on forms prepared and furnished by the Department. Each application shall contain proof of the particular qualifications required of the applicant, shall be verified by the applicant under oath, and shall be accompanied by the required fee.
(Source: P.A. 89‑387, eff. 1‑1‑96; 89‑706, eff. 1‑31‑97.)

    (225 ILCS 410/4‑4)(from Ch. 111, par. 1704‑4)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑4. Issuance of license. Whenever the provisions of this Act have been complied with, the Department shall issue a license as a cosmetologist, esthetician, nail technician, hair braider, or barber, a license as a cosmetology, esthetics, nail technology, hair braiding, or barber teacher, or a license as a cosmetology, esthetics, hair braiding, or nail technology clinic teacher as the case may be.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑4a)(from Ch. 111, par. 1704‑4a)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑4a. Renewal of license. The expiration date and renewal period for each license issued under this Act shall be set by rule.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/4‑5)(from Ch. 111, par. 1704‑5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑5. Fees.
    (a) Except as provided in paragraph (b) below, the fees for the administration and enforcement of this Act, including but not limited to fees for original licensure, renewal, and restoration shall be set by the Department by rule. The fees shall not be refundable.
    (b) Applicants for examination shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of initial screening to determine eligibility and providing the examination. Failure to appear for the examination on the scheduled date at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
    (c) If an applicant fails to pass an examination for licensure 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.
    (d) An individual applying on the basis of endorsement or restoration of licensure has 3 years from the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee forfeited. The applicant may reapply, but shall meet the requirements in effect at the time of reapplication.
    (e) An applicant has one year from the date of notification of successful completion of the examination to apply to the Department for a license. If an applicant fails to apply within one year the applicant shall be required to take and pass the examination again.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/4‑5.1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑5.1. Deposit of fees and fines. Beginning July 1, 1995, all of the fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund.
    The funds deposited under this Act into the General Professions Dedicated Fund, may be used by the Department to publish and distribute a newsletter to all persons licensed under this Act; such a newsletter should contain information about any changes in the Act or administrative rules concerning cosmetologists, cosmetology teachers, or cosmetology clinic teachers. If appropriate funding is available, the Department may also distribute to all persons licensed under this Act copies of this Act and the appropriate administrative rules that apply, during the renewal process.
(Source: P.A. 90‑602, eff. 1‑1‑99.)

    (225 ILCS 410/4‑6)(from Ch. 111, par. 1704‑6)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑6. Payments; penalty for insufficient funds. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑7)(from Ch. 111, par. 1704‑7)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑7. Refusal, suspension and revocation of licenses; causes; disciplinary action.
    (1) The Department may refuse to issue or renew, and may suspend, revoke, place on probation, reprimand or take any other disciplinary action as the Department may deem proper, including civil penalties not to exceed $500 for each violation, with regard to any license for any one, or any combination, of the following causes:
        a. Conviction of any crime under the laws of the
    United States or any state or territory thereof that is (i) a felony, (ii) a misdemeanor, an essential element of which is dishonesty, or (iii) a crime which is related to the practice of the profession.
        b. Conviction of any of the violations listed in
    Section 4‑20.
        c. Material misstatement in furnishing information to
    the Department.
        d. Making any misrepresentation for the purpose of
    obtaining a license or violating any provision of this Act or its rules.
        e. Aiding or assisting another person in violating
    any provision of this Act or its rules.
        f. Failing, within 60 days, to provide information in
    response to a written request made by the Department.
        g. Discipline by another state, territory, or country
    if at least one of the grounds for the discipline is the same as or substantially equivalent to those set forth in this Act.
        h. Practice in the barber, nail technology,
    esthetics, hair braiding, or cosmetology profession, or an attempt to practice in those professions, by fraudulent misrepresentation.
        i. Gross malpractice or gross incompetency.
        j. Continued practice by a person knowingly having an
    infectious or contagious disease.
        k. Solicitation of professional services by using
    false or misleading advertising.
        l. A finding by the Department that the licensee,
    after having his or her license placed on probationary status, has violated the terms of probation.
        m. Directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered.
        n. Violating any of the provisions of this Act or
    rules adopted pursuant to this Act.
        o. Willfully making or filing false records or
    reports relating to a licensee's practice, including but not limited to, false records filed with State agencies or departments.
        p. Habitual or excessive use addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill or safety.
        q. Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive, defraud, or harm the public as may be defined by rules of the Department, or violating the rules of professional conduct which may be adopted by the Department.
        r. Permitting any person to use for any unlawful or
    fraudulent purpose one's diploma or license or certificate of registration as a cosmetologist, nail technician, esthetician, hair braider, or barber or cosmetology, nail technology, esthetics, hair braiding, or barber teacher or salon or shop or cosmetology, esthetics, hair braiding, or nail technology clinic teacher.
        s. Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
    (2) In rendering an order, the Secretary shall take into consideration the facts and circumstances involving the type of acts or omissions in paragraph (1) of this Section including, but not limited to:
        (a) the extent to which public confidence in the
    cosmetology, nail technology, esthetics, hair braiding, or barbering profession was, might have been, or may be, injured;
        (b) the degree of trust and dependence among the
    involved parties;
        (c) the character and degree of harm which did result
    or might have resulted;
        (d) the intent or mental state of the licensee at the
    time of the acts or omissions.
    (3) The Department shall reissue the license or registration upon certification by the Committee that the disciplined licensee or registrant has complied with all of the terms and conditions set forth in the final order or has been sufficiently rehabilitated to warrant the public trust.
    (4) The Department may refuse to issue or may suspend the license or certificate of registration of any person who fails 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.
    (5) The Department shall deny without hearing any application for a license or renewal of a license under this Act by a person who has defaulted on an educational loan guaranteed by the Illinois Student Assistance Commission; however, the Department may issue or renew a license if the person in default has established a satisfactory repayment record as determined by the Illinois Student Assistance Commission.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑8)(from Ch. 111, par. 1704‑8)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑8. Persons in need of mental treatment. The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension. Such suspension shall end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and issues an order so finding and discharging the patient; and upon the recommendation of the Committee to the Secretary that the licensee be allowed to resume his practice.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑9)(from Ch. 111, par. 1704‑9)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑9. Practice without a license or after suspension or revocation thereof.
    (a) If any person violates the provisions of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, petition, for an order enjoining such violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the Court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
    (b) If any person shall practice as a barber, cosmetologist, nail technician, hair braider, or esthetician, or teacher thereof or cosmetology, esthetics, hair braiding, or nail technology clinic teacher or hold himself or herself out as such without being licensed under the provisions of this Act, any licensee, any interested party, or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section.
    (c) Whenever in the opinion of the Department any person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑10)(from Ch. 111, par. 1704‑10)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑10. Refusal, suspension and revocation of licenses; investigations and hearing. The Department may upon its own motion and shall, upon the verified complaint in writing of any person setting forth the facts which if proven would constitute grounds for disciplinary action as set forth in Section 4‑7, investigate the actions of any person holding or claiming to hold a license. The Department shall, at least 30 days prior to the date set for the hearing, notify in writing the applicant or the holder of that license of any charges made and shall afford the accused person an opportunity to be heard in person or by counsel in reference thereto. The Department shall direct the applicant or licensee to file a written answer to the Board 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 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 Secretary may deem proper. The written notice may be served by the delivery of the notice personally to the accused person, or by mailing the notice by registered or certified mail to the place of business last specified by the accused person in his last notification to the Department. 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. At the time and place fixed in the notice, the Committee designated by the Secretary, as provided in this Act, shall proceed to hearing of the charges and both the accused person and the complainant shall be accorded ample opportunity to present in person or by counsel, any statements, testimony, evidence and arguments as may be pertinent to the charges or their defense. The Committee may continue a hearing from time to time. If the Committee is not sitting at the time and place fixed in the notice or at the time and place to which hearing has been continued, the Department shall continue the hearing for not more than 30 days.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑11)(from Ch. 111, par. 1704‑11)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑11. Record of proceedings. 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 wherein a license is revoked or suspended. 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 Committee and the orders of the Department shall be the record of such proceedings.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/4‑12)(from Ch. 111, par. 1704‑12)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑12. Department may take testimony ‑ oaths. The Department shall have power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in civil cases in courts of this State.
    The Secretary and any member of the Committee shall each have power to administer oaths to witnesses at any hearing which the Department is authorized by law to conduct, and any other oaths required or authorized in any Act administered by the Department.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑13)(from Ch. 111, par. 1704‑13)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑13. Attendance of witnesses and production of documents. Any circuit court or any judge thereof, upon the application of the accused person or complainant or of the Department, may by order duly entered, require the attendance of witnesses and the production of relevant books and papers before the Department in any hearing relative to the application for or refusal, recall, suspension or revocation of license, and the court or judge may compel obedience to its or his order by proceedings for contempt.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/4‑14)(from Ch. 111, par. 1704‑14)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑14. Report of committee; rehearing. The Committee shall present to the Secretary its written report of its findings and recommendations. A copy of such report shall be served upon the accused person, either personally or by registered mail as provided in this Section for the service of the citation. Within 20 days after such service, said accused person may present to the Department his or her motion in writing for rehearing, which written motion shall specify the particular grounds therefor. If said accused person shall order and pay for a transcript of the record as provided in this Section, the time elapsing thereafter and before such transcript is ready for delivery to him or her shall not be counted as part of such 20 days. Whenever the Secretary is satisfied that substantial justice has not been done, he or she may order a re‑hearing by the same or a special committee. At the expiration of the time specified for filing a motion or a rehearing the Secretary shall have the right to take the action recommended by the Committee. Upon the suspension or revocatio

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Statutes > Illinois > Chapter225 > 1351 > 022504100HArt_IV


      (225 ILCS 410/Art. IV heading)
ARTICLE IV ADMINISTRATION & ENFORCEMENT

    (225 ILCS 410/4‑1)(from Ch. 111, par. 1704‑1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑1. Powers and duties of Department. The Department shall exercise, subject to the provisions of this Act, the following functions, powers and duties:
        (1) To cause to be conducted examinations to
     ascertain the qualifications and fitness of applicants for licensure as cosmetologists, estheticians, nail technicians, or barbers and as cosmetology, esthetics, nail technology, or barbering teachers.
        (2) To determine the qualifications for licensure as
     a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barber teacher or cosmetology, esthetics, or nail technology clinic teachers for persons currently licensed as cosmetologists, estheticians, nail technicians, or barbers or cosmetology, esthetics, nail technology, or barber teachers or cosmetology, esthetics, or nail technology clinic teachers outside the State of Illinois or the continental U.S.
        (3) To prescribe rules for:
            (i) The method of examination of candidates for
         licensure as a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barbering teacher.
            (ii) Minimum standards as to what constitutes an
         approved school of cosmetology, esthetics, nail technology, or barbering.
        (4) To conduct investigations or hearings on
     proceedings to determine disciplinary action.
        (5) To prescribe reasonable rules governing the
     sanitary regulation and inspection of cosmetology, esthetics, nail technology, or barbering schools, salons, or shops.
        (6) To prescribe reasonable rules for the method of
     renewal for each license as a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barbering teacher or cosmetology, esthetics, or nail technology clinic teacher.
        (7) To prescribe reasonable rules for the method of
     registration, the issuance, fees, renewal and discipline of a certificate of registration for the ownership or operation of cosmetology, esthetics, and nail technology salons and barber shops.
(Source: P.A. 94‑451, eff. 12‑31‑05.)

    (225 ILCS 410/4‑1.5)
    Sec. 4‑1.5. (Repealed).
(Source: P.A. 89‑706. eff. 1‑31‑97. Repealed by P.A. 94‑451, eff. 12‑31‑05.)

    (225 ILCS 410/4‑2)(from Ch. 111, par. 1704‑2)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑2. The Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board. There is established within the Department the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board, composed of 11 persons, which shall serve in an advisory capacity to the Secretary in all matters related to the practice of barbering, cosmetology, esthetics, hair braiding, and nail technology.
    The 11 members of the Board shall be appointed as follows: 6 licensed cosmetologists, all of whom hold a current license as a cosmetologist or cosmetology teacher and, for appointments made after the effective date of this amendatory Act of 1996, at least 2 of whom shall be an owner of or a major stockholder in a school of cosmetology, 2 of whom shall be representatives of either a franchiser or an owner operating salons in 2 or more locations within the State, one of whom shall be an independent salon owner, and no one of the cosmetologist members shall be a manufacturer, jobber, or stockholder in a factory of cosmetology articles or an immediate family member of any of the above; one of whom shall be a barber holding a current license; one member who shall be a licensed esthetician or esthetics teacher; one member who shall be a licensed nail technician or nail technology teacher; one member who shall be a licensed hair braider or hair braiding teacher; and one public member who holds no licenses issued by the Department. The Secretary shall give due consideration for membership to recommendations by members of the professions and by their professional organizations. Members shall serve 4 year terms and until their successors are appointed and qualified. No member shall be reappointed to the Board for more than 2 terms. Appointments to fill vacancies shall be made in the same manner as original appointments for the unexpired portion of the vacated term. Members of the Board in office on the effective date of this amendatory Act of 1996 shall continue to serve for the duration of the terms to which they have been appointed, but beginning on that effective date all appointments of licensed cosmetologists and barbers to serve as members of the Board shall be made in a manner that will effect at the earliest possible date the changes made by this amendatory Act of 1996 in the representative composition of the Board.
    For the initial appointment of a member who shall be a hair braider or hair braiding teacher to the Board, such individual shall not be required to possess a license at the time of appointment, but shall have at least 5 years active practice in the field of hair braiding and shall obtain a license as a hair braider or a hair braiding teacher within 18 months after appointment to the Board.
    Six members of the Board shall constitute a quorum. A majority is required for Board decisions.
    Whenever the Secretary is satisfied that substantial justice has not been done in an examination, the Secretary may order a reexamination by the same or other examiners.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑3)(from Ch. 111, par. 1704‑3)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑3. Applications. Every person who desires to obtain a license shall apply therefor to the Department in writing, on forms prepared and furnished by the Department. Each application shall contain proof of the particular qualifications required of the applicant, shall be verified by the applicant under oath, and shall be accompanied by the required fee.
(Source: P.A. 89‑387, eff. 1‑1‑96; 89‑706, eff. 1‑31‑97.)

    (225 ILCS 410/4‑4)(from Ch. 111, par. 1704‑4)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑4. Issuance of license. Whenever the provisions of this Act have been complied with, the Department shall issue a license as a cosmetologist, esthetician, nail technician, hair braider, or barber, a license as a cosmetology, esthetics, nail technology, hair braiding, or barber teacher, or a license as a cosmetology, esthetics, hair braiding, or nail technology clinic teacher as the case may be.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑4a)(from Ch. 111, par. 1704‑4a)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑4a. Renewal of license. The expiration date and renewal period for each license issued under this Act shall be set by rule.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/4‑5)(from Ch. 111, par. 1704‑5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑5. Fees.
    (a) Except as provided in paragraph (b) below, the fees for the administration and enforcement of this Act, including but not limited to fees for original licensure, renewal, and restoration shall be set by the Department by rule. The fees shall not be refundable.
    (b) Applicants for examination shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of initial screening to determine eligibility and providing the examination. Failure to appear for the examination on the scheduled date at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
    (c) If an applicant fails to pass an examination for licensure 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.
    (d) An individual applying on the basis of endorsement or restoration of licensure has 3 years from the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee forfeited. The applicant may reapply, but shall meet the requirements in effect at the time of reapplication.
    (e) An applicant has one year from the date of notification of successful completion of the examination to apply to the Department for a license. If an applicant fails to apply within one year the applicant shall be required to take and pass the examination again.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/4‑5.1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑5.1. Deposit of fees and fines. Beginning July 1, 1995, all of the fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund.
    The funds deposited under this Act into the General Professions Dedicated Fund, may be used by the Department to publish and distribute a newsletter to all persons licensed under this Act; such a newsletter should contain information about any changes in the Act or administrative rules concerning cosmetologists, cosmetology teachers, or cosmetology clinic teachers. If appropriate funding is available, the Department may also distribute to all persons licensed under this Act copies of this Act and the appropriate administrative rules that apply, during the renewal process.
(Source: P.A. 90‑602, eff. 1‑1‑99.)

    (225 ILCS 410/4‑6)(from Ch. 111, par. 1704‑6)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑6. Payments; penalty for insufficient funds. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑7)(from Ch. 111, par. 1704‑7)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑7. Refusal, suspension and revocation of licenses; causes; disciplinary action.
    (1) The Department may refuse to issue or renew, and may suspend, revoke, place on probation, reprimand or take any other disciplinary action as the Department may deem proper, including civil penalties not to exceed $500 for each violation, with regard to any license for any one, or any combination, of the following causes:
        a. Conviction of any crime under the laws of the
    United States or any state or territory thereof that is (i) a felony, (ii) a misdemeanor, an essential element of which is dishonesty, or (iii) a crime which is related to the practice of the profession.
        b. Conviction of any of the violations listed in
    Section 4‑20.
        c. Material misstatement in furnishing information to
    the Department.
        d. Making any misrepresentation for the purpose of
    obtaining a license or violating any provision of this Act or its rules.
        e. Aiding or assisting another person in violating
    any provision of this Act or its rules.
        f. Failing, within 60 days, to provide information in
    response to a written request made by the Department.
        g. Discipline by another state, territory, or country
    if at least one of the grounds for the discipline is the same as or substantially equivalent to those set forth in this Act.
        h. Practice in the barber, nail technology,
    esthetics, hair braiding, or cosmetology profession, or an attempt to practice in those professions, by fraudulent misrepresentation.
        i. Gross malpractice or gross incompetency.
        j. Continued practice by a person knowingly having an
    infectious or contagious disease.
        k. Solicitation of professional services by using
    false or misleading advertising.
        l. A finding by the Department that the licensee,
    after having his or her license placed on probationary status, has violated the terms of probation.
        m. Directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered.
        n. Violating any of the provisions of this Act or
    rules adopted pursuant to this Act.
        o. Willfully making or filing false records or
    reports relating to a licensee's practice, including but not limited to, false records filed with State agencies or departments.
        p. Habitual or excessive use addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill or safety.
        q. Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive, defraud, or harm the public as may be defined by rules of the Department, or violating the rules of professional conduct which may be adopted by the Department.
        r. Permitting any person to use for any unlawful or
    fraudulent purpose one's diploma or license or certificate of registration as a cosmetologist, nail technician, esthetician, hair braider, or barber or cosmetology, nail technology, esthetics, hair braiding, or barber teacher or salon or shop or cosmetology, esthetics, hair braiding, or nail technology clinic teacher.
        s. Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
    (2) In rendering an order, the Secretary shall take into consideration the facts and circumstances involving the type of acts or omissions in paragraph (1) of this Section including, but not limited to:
        (a) the extent to which public confidence in the
    cosmetology, nail technology, esthetics, hair braiding, or barbering profession was, might have been, or may be, injured;
        (b) the degree of trust and dependence among the
    involved parties;
        (c) the character and degree of harm which did result
    or might have resulted;
        (d) the intent or mental state of the licensee at the
    time of the acts or omissions.
    (3) The Department shall reissue the license or registration upon certification by the Committee that the disciplined licensee or registrant has complied with all of the terms and conditions set forth in the final order or has been sufficiently rehabilitated to warrant the public trust.
    (4) The Department may refuse to issue or may suspend the license or certificate of registration of any person who fails 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.
    (5) The Department shall deny without hearing any application for a license or renewal of a license under this Act by a person who has defaulted on an educational loan guaranteed by the Illinois Student Assistance Commission; however, the Department may issue or renew a license if the person in default has established a satisfactory repayment record as determined by the Illinois Student Assistance Commission.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑8)(from Ch. 111, par. 1704‑8)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑8. Persons in need of mental treatment. The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension. Such suspension shall end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and issues an order so finding and discharging the patient; and upon the recommendation of the Committee to the Secretary that the licensee be allowed to resume his practice.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑9)(from Ch. 111, par. 1704‑9)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑9. Practice without a license or after suspension or revocation thereof.
    (a) If any person violates the provisions of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, petition, for an order enjoining such violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the Court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
    (b) If any person shall practice as a barber, cosmetologist, nail technician, hair braider, or esthetician, or teacher thereof or cosmetology, esthetics, hair braiding, or nail technology clinic teacher or hold himself or herself out as such without being licensed under the provisions of this Act, any licensee, any interested party, or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section.
    (c) Whenever in the opinion of the Department any person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑10)(from Ch. 111, par. 1704‑10)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑10. Refusal, suspension and revocation of licenses; investigations and hearing. The Department may upon its own motion and shall, upon the verified complaint in writing of any person setting forth the facts which if proven would constitute grounds for disciplinary action as set forth in Section 4‑7, investigate the actions of any person holding or claiming to hold a license. The Department shall, at least 30 days prior to the date set for the hearing, notify in writing the applicant or the holder of that license of any charges made and shall afford the accused person an opportunity to be heard in person or by counsel in reference thereto. The Department shall direct the applicant or licensee to file a written answer to the Board 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 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 Secretary may deem proper. The written notice may be served by the delivery of the notice personally to the accused person, or by mailing the notice by registered or certified mail to the place of business last specified by the accused person in his last notification to the Department. 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. At the time and place fixed in the notice, the Committee designated by the Secretary, as provided in this Act, shall proceed to hearing of the charges and both the accused person and the complainant shall be accorded ample opportunity to present in person or by counsel, any statements, testimony, evidence and arguments as may be pertinent to the charges or their defense. The Committee may continue a hearing from time to time. If the Committee is not sitting at the time and place fixed in the notice or at the time and place to which hearing has been continued, the Department shall continue the hearing for not more than 30 days.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑11)(from Ch. 111, par. 1704‑11)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑11. Record of proceedings. 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 wherein a license is revoked or suspended. 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 Committee and the orders of the Department shall be the record of such proceedings.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/4‑12)(from Ch. 111, par. 1704‑12)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑12. Department may take testimony ‑ oaths. The Department shall have power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in civil cases in courts of this State.
    The Secretary and any member of the Committee shall each have power to administer oaths to witnesses at any hearing which the Department is authorized by law to conduct, and any other oaths required or authorized in any Act administered by the Department.
(Source: P.A. 96‑1246, eff. 1‑1‑11.)

    (225 ILCS 410/4‑13)(from Ch. 111, par. 1704‑13)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑13. Attendance of witnesses and production of documents. Any circuit court or any judge thereof, upon the application of the accused person or complainant or of the Department, may by order duly entered, require the attendance of witnesses and the production of relevant books and papers before the Department in any hearing relative to the application for or refusal, recall, suspension or revocation of license, and the court or judge may compel obedience to its or his order by proceedings for contempt.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 410/4‑14)(from Ch. 111, par. 1704‑14)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4‑14. Report of committee; rehearing. The Committee shall present to the Secretary its written report of its findings and recommendations. A copy of such report shall be served upon the accused person, either personally or by registered mail as provided in this Section for the service of the citation. Within 20 days after such service, said accused person may present to the Department his or her motion in writing for rehearing, which written motion shall specify the particular grounds therefor. If said accused person shall order and pay for a transcript of the record as provided in this Section, the time elapsing thereafter and before such transcript is ready for delivery to him or her shall not be counted as part of such 20 days. Whenever the Secretary is satisfied that substantial justice has not been done, he or she may order a re‑hearing by the same or a special committee. At the expiration of the time specified for filing a motion or a rehearing the Secretary shall have the right to take the action recommended by the Committee. Upon the suspension or revocatio

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