(225 ILCS 335/9.1) (from Ch. 111, par. 7509.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9.1. Grounds for disciplinary action. The Department may refuse to issue or to renew, or may revoke, suspend, place on probation, reprimand or take other disciplinary or non-disciplinary action as the Department may deem proper, including fines not to exceed $10,000 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 or plea of guilty or nolo contendere
of any crime under the laws of the United States or any state or territory thereof that is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty or that is directly related to the practice of the profession;
(c) making any misrepresentation for the purpose of
obtaining a license;
(d) professional incompetence or gross negligence in
the practice of roofing contracting, prima facie evidence of which may be a conviction or judgment in any court of competent jurisdiction against an applicant or licensee relating to the practice of roofing contracting or the construction of a roof or repair thereof that results in leakage within 90 days after the completion of such work;
(e) (blank);
(f) aiding or assisting another person in violating
any provision of this Act or rules;
(g) failing, within 60 days, to provide information
in response to a written request made by the Department which has been sent by certified or registered 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 which results in the inability to practice with reasonable judgment, skill, or safety;
(j) discipline by another U.S. 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 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;
(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) a finding by any court of competent jurisdiction,
either within or without this State, of any violation of any law governing the practice of roofing contracting, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;
(n) a finding that licensure has been applied for or
obtained by fraudulent means;
(o) practicing, attempting to practice, or
advertising under a name other than the full name as shown on the license or any other legally authorized name;
(p) gross and willful overcharging for professional
services including filing false statements for collection of fees or monies 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 any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied;
(r) the Department shall deny any license or renewal
under this Act to any person who has defaulted on an educational loan guaranteed by the Illinois State Scholarship Commission; however, the Department may issue a license or renewal if the person in default has established a satisfactory repayment record as determined by the Illinois State Scholarship Commission;
(s) failure to continue to meet the requirements of
this Act shall be deemed a violation;
(t) physical or mental disability, including
deterioration through the aging process or loss of abilities and skills that result in an inability to practice the profession with reasonable judgment, skill, or safety;
(u) material misstatement in furnishing information
to the Department or to any other State agency;
(v) the determination by a court that a licensee is
subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code will result in an automatic suspension of his or her license. The suspension will end upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the recommendation of the Board to the Director that the licensee be allowed to resume professional practice;
(w) advertising in any manner that is false,
misleading, or deceptive;
(x) taking undue advantage of a customer, which
results in the perpetration of a fraud;
(y) performing any act or practice that is a
violation of the Consumer Fraud and Deceptive Business Practices Act;
(z) engaging in the practice of roofing contracting,
as defined in this Act, with a suspended, revoked, or cancelled license;
(aa) treating any person differently to the person's
detriment because of race, color, creed, gender, age, religion, or national origin;
(bb) knowingly making any false statement, oral,
written, or otherwise, of a character likely to influence, persuade, or induce others in the course of obtaining or performing roofing contracting services;
(cc) violation of any final administrative action of
the Secretary;
(dd) allowing the use of his or her roofing license
by an unlicensed roofing contractor for the purposes of providing roofing or waterproofing services; or
(ee) aiding or assisting another person in violating
any provision of this Act or its rules, including, but not limited to, Section 9 of this Act.
The changes to this Act made by this amendatory Act of 1997 apply only to disciplinary actions relating to events occurring after the effective date of this amendatory Act of 1997.
(Source: P.A. 95-303, eff. 1-1-08; 96-1324, eff. 7-27-10.)
Sections: Previous 5 5.1 5.5 6 7 8 9 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 Next
Last modified: February 18, 2015