Illinois Compiled Statutes 420 ILCS 44 Radon Industry Licensing Act. Section 45

    (420 ILCS 44/45)

    Sec. 45. Grounds for disciplinary action. The Agency may refuse to issue or to renew, or may revoke, suspend, or take other disciplinary action as the Agency may deem proper, including fines not to exceed $1,000 for each violation, with regard to any license for any one or combination of the following causes:

        (a) Violation of this Act or its rules.

        (b) Conviction of a crime under the laws of any

    United States jurisdiction that is a felony or of any crime that directly relates to the practice of detecting or reducing the presence of radon or radon progeny.

        (c) Making a misrepresentation for the purpose of

    obtaining a license.

        (d) Professional incompetence or gross negligence in

    the practice of detecting or reducing the presence of radon or radon progeny.

        (e) Gross malpractice, prima facie evidence of which

    may be a conviction or judgment of malpractice in a court of competent jurisdiction.

        (f) Aiding or assisting another person in violating a

    provision of this Act or its rules.

        (g) Failing, within 60 days, to provide information

    in response to a written request made by the Agency that has been sent by mail to the licensee's last known address.

        (h) Engaging in dishonorable, unethical, or

    unprofessional conduct of a character likely to deceive, defraud, or harm the public.

        (i) Habitual or excessive use or 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.

        (j) Discipline by another United States jurisdiction

    or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.

        (k) Directly or indirectly giving to or receiving

    from a person any fee, commission, rebate, or other form of compensation for a professional service not actually or personally rendered.

        (l) A finding by the Agency that the licensee has

    violated the terms of a license.

        (m) Conviction by a court of competent jurisdiction,

    either within or outside of this State, of a violation of a law governing the practice of detecting or reducing the presence of radon or radon progeny if the Agency determines after investigation that the person has not been sufficiently rehabilitated to warrant the public trust.

        (n) A finding by the Agency that a license has been

    applied for or obtained by fraudulent means.

        (o) Practicing or attempting to practice under a name

    other than the full name as shown on the license or any other authorized name.

        (p) Gross and willful overcharging for professional

    services, including filing false statements for collection of fees or moneys for which services are not rendered.

        (q) 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 a tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied.

        (r) Failure to repay educational loans guaranteed by

    the Illinois Student Assistance Commission, as provided in Section 80 of the Nuclear Safety Law of 2004. However, the Agency may issue an original or renewal license if the person in default has established a satisfactory repayment record as determined by the Illinois Student Assistance Commission.

        (s) Failure to meet child support orders, as provided

    in Section 10-65 of the Illinois Administrative Procedure Act.

        (t) Failure to pay a fee or civil penalty properly

    assessed by the Agency.

(Source: P.A. 94-369, eff. 7-29-05.)

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Last modified: February 18, 2015