SB 38 — PLUMBING-RAINWATER SYSTEMS

"Governmental unit" means a city, village, incorporated town, county, or sanitary or water district.

"Irrigation contractor" means a person who installs or supervises the installation of lawn sprinkler systems subject to Section 2.5 of this Act, other than a licensed plumber or a licensed apprentice plumber.

"Irrigation employee" means a person who is employed by a registered irrigation contractor or a licensed plumber, and who designs, repairs, alters, maintains, or installs lawn sprinkler systems that are subject to Section 2.5 of this Law.

"Lawn sprinkler system" means any underground irrigation system of lawn, shrubbery and other vegetation from any potable water sources;

and from any water sources, whether or not potable.

"Lawn sprinkler system" includes without limitation the water supply piping, valves, control systems, low voltage wiring, sprinkler heads or other irrigation outlets, and moisture or rainfall sensing equipment, but does not include SB0038 Engrossed - 3 - LRB097 02674 CEL 42693 b the backflow prevention device.

"Lawn sprinkler system" does not include an irrigation system used primarily for agricultural purposes.

"Person" means any natural person, firm, corporation, partnership, or association.

"Plumber" means any licensed person authorized to perform plumbing as defined in this Act, but does not include retired plumbers as defined in this Act.

"Plumbing" means the actual installation, repair, maintenance, alteration or extension of a plumbing system by any person.

"Plumbing" includes all piping, fixtures, appurtenances and appliances for a supply of water for all purposes, including without limitation lawn sprinkler systems and backflow prevention devices connected to lawn sprinkler systems, from the source of a private water supply on the premises or from the main in the street, alley or at the curb to, within and about any building or buildings where a person or persons live, work or assemble.

"Plumbing" includes rainwater harvesting distribution systems.

Rainwater harvesting distribution systems shall be for non-potable use only.

"Plumbing" does not include any rainwater harvesting distribution system or rainwater harvesting collection system unless otherwise required by the Illinois Plumbing Code.

Rainwater harvesting distribution systems shall be constructed in accordance with the Illinois SB0038 Engrossed - 4 - LRB097 02674 CEL 42693 b Plumbing Code.

"Plumbing" includes all piping, from discharge of pumping units to and including pressure tanks in water supply systems.

"Plumbing" includes all piping, fixtures, appurtenances, and appliances for a building drain and a sanitary drainage and related ventilation system of any building or buildings where a person or persons live, work or assemble from the point of connection of such building drain to the building sewer or private sewage disposal system 5 feet beyond the foundation walls.

"Plumbing" does not mean or include the trade of drain-laying, the trade of drilling water wells which constitute the sources of private water supplies, and of making connections between such wells and pumping units in the water supply systems of buildings served by such private water supplies, or the business of installing water softening equipment and of maintaining and servicing the same, or the business of manufacturing or selling plumbing fixtures, appliances, equipment or hardware, or to the installation and servicing of electrical equipment sold by a not-for-profit corporation providing electrification on a cooperative basis, that either on or before January 1, 1971, is or has been financed in whole or in part under the federal Rural Electrification Act of 1936 and the Acts amendatory thereof and supplementary thereto, to its members for use on farms owned by individuals or operated by individuals, nor does it mean or SB0038 Engrossed - 5 - LRB097 02674 CEL 42693 b include minor repairs which do not require changes in the piping to or from plumbing fixtures or involve the removal, replacement, installation or re-installation of any pipe or plumbing fixtures.

Plumbing does not include the installation, repair, maintenance, alteration or extension of building sewers, or the installation, repair, or maintenance of rainwater harvesting collection systems unless otherwise required by the Illinois Plumbing Code.

"Plumbing contractor" means any person who performs plumbing, as defined in this Act, for another person.

"Plumbing contractor" shall not include licensed plumbers and licensed apprentice plumbers who either are employed by persons engaged in the plumbing business or are employed by another person for the performance of plumbing solely for that other person, including, but not limited to, a hospital, university, or business maintenance staff.

"Plumbing fixtures" means installed receptacles, devices or appliances that are supplied with water or that receive or discharge liquids or liquid borne wastes, with or without discharge into the drainage system with which they may be directly or indirectly connected.

"Plumbing system" means the water service, water supply and distribution pipes;

plumbing fixtures and traps;

soil, waste and vent pipes;

building drains;

including their respective connections, devices and appurtenances.

"Plumbing system" does not include building sewers as SB0038 Engrossed - 6 - LRB097 02674 CEL 42693 b defined in this Act.

"Rainwater harvesting collection system" is a system for the capture, diversion, and storage of rainwater and consists of one or more cisterns, pipe, fittings, and appurtenances required for or used to harvest rainwater for non-potable purposes.

These systems must be constructed in accordance with the Illinois Plumbing Code.

"Rainwater harvesting distribution system" is a system for the distribution of rainwater collected by an approved rainwater harvesting collection system.

This system consists of pumps, pipe, fittings, or other plumbing appurtenances and must be constructed in accordance with the Illinois Plumbing Code.

"Retired plumber" means any licensed plumber in good standing who meets the requirements of this Act and the requirements prescribed by Department rule to be licensed as a retired plumber and voluntarily surrenders his plumber's license to the Department, in exchange for a retired plumber's license.

Retired plumbers cannot perform plumbing as defined in this Act, cannot sponsor or supervise apprentice plumbers, and cannot inspect plumbing under this Act.

A retired plumber cannot fulfill the requirements of subsection (3) of Section 3 of this Act.

"Supervision" with respect to first and second year licensed apprentice plumbers means that such apprentices must perform all designing and planning of plumbing systems and all SB0038 Engrossed - 7 - LRB097 02674 CEL 42693 b plumbing as defined in this Act under the direct personal supervision of the sponsor or his or her agent who must also be an Illinois licensed plumber, except for maintenance and repair work on existing plumbing systems done by second year apprentice plumbers;

provided that before performing any maintenance and repair work without such supervision, such apprentice has received the minimum number of hours of annual classroom instruction recommended by the United States Department of Labor's Bureau of Apprenticeship and Training for apprentice plumbers in a Bureau of Apprenticeship and Training approved plumber apprenticeship program or its equivalent.

"Supervision" with respect to all other apprentice plumbers means that, except for maintenance and repair work on existing plumbing systems, any plumbing done by such apprentices must be inspected daily, after initial rough-in and after completion by the sponsor or his or her agent who is also an Illinois licensed plumber.

In addition, all repair and maintenance work done by a licensed apprentice plumber on an existing plumbing system must be approved by the sponsor or his or her agent who is also an Illinois licensed plumber.

"Sponsor" is an Illinois licensed plumber or an approved apprenticeship program that has accepted an individual as an Illinois licensed apprentice plumber for education and training in the field of plumbing and whose name and license number or apprenticeship program number shall appear on the individual's application for an apprentice plumber's license.

SB0038 Engrossed - 8 - LRB097 02674 CEL 42693 b "Sponsored" means that each Illinois licensed apprentice plumber has been accepted by an Illinois licensed plumber or an approved apprenticeship program for apprenticeship training.

"Telecommunications carrier" means a telecommunications carrier as defined in the Public Utilities Act.

94-101,87-966.) eff.(225 ILCS 41/1-10) (Section scheduled to be repealed on January 1, 2013) Sec.

1-1-08.)1-10. (225 ILCS 320/35) (from Ch.

Definitions.

As used in this Code:

"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file.

It is the duty of the applicant or licensee to inform the Department of any changes of address and those changes must be made either through the Department's website or by contacting the Department.

"Applicant" means any person making application for a license or certificate of registration.

Any applicants applicant or people any person who hold holds themselves himself out as applicants are an applicant is considered licensees a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act.

"Board" means the Funeral Directors and Embalmers Licensing and Disciplinary Board.

"Certificate of Death" means a certificate of death as referenced in the Illinois Vital Records Act.

SB0038 Enrolled - 4 - LRB097 02674 CEL 42693 b "Department" means the Department of Financial and Professional Regulation.

"Funeral director and embalmer" means a person who is licensed and qualified to practice funeral directing and to prepare, disinfect and preserve dead human bodies by the injection or external application of antiseptics, disinfectants or preservative fluids and materials and to use derma surgery or plastic art for the restoring of mutilated features.

It further means a person who restores the remains of a person for the purpose of funeralization whose organs or bone or tissue has been donated for anatomical purposes.

"Funeral director and embalmer intern" means a person licensed by the Department State who is qualified to render assistance to a funeral director and embalmer in carrying out the practice of funeral directing and embalming under the supervision of the funeral director and embalmer.

"Embalming" means the process of sanitizing and chemically treating a deceased human body in order to reduce the presence and growth of microorganisms, to retard organic decomposition, to render the remains safe to handle while retaining naturalness of tissue, and to restore an acceptable physical appearance for funeral viewing purposes.

"Funeral director" means a person, known by the title of "funeral director" or other similar words or titles, licensed by the Department State who practices funeral directing.

"Funeral establishment", "funeral chapel", "funeral home", SB0038 Enrolled - 5 - LRB097 02674 CEL 42693 b or "mortuary" means a building or separate portion of a building having a specific street address or location and devoted to activities relating to the shelter, care, custody and preparation of a deceased human body and which may contain facilities for funeral or wake services.

"Licensee" means a person licensed under this Code as a funeral director, funeral director and embalmer, or funeral director and embalmer intern.

Anyone who holds himself or herself out as a licensee or who is accused of unlicensed practice is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act.

"Owner" means the individual, partnership, corporation, limited liability company, association, trust, estate, or agent thereof, or other person or combination of persons who owns a funeral establishment or funeral business.

"Person" means any individual, partnership, association, firm, corporation, limited liability company, trust or estate, or other entity.

"Person" includes both natural persons and legal entities.

"Secretary" means the Secretary of Financial and Professional Regulation.

(Source:

P.A.

96-863, eff.

3-1-10;

96-1463, eff.

1-1-11.) (225 ILCS 41/1-15) (Section scheduled to be repealed on January 1, 2013) SB0038 Enrolled - 6 - LRB097 02674 CEL 42693 b Sec.

1-15.

Funeral directing;

definition.

Conducting or engaging in or representing or holding out oneself as conducting or engaged in any one or any combination of the following practices constitutes the practice of funeral directing:

(a) The practice of preparing, otherwise than by embalming, for the burial, cremation, or disposition disposal and directing and supervising the burial or disposition disposal of deceased human remains or performing any act or service in connection with the preparing of dead human bodies.

Preparation, direction, and supervision shall not be construed to mean those functions normally performed by cemetery and crematory personnel.

(b) The practice of operating a place for preparing for the disposition of deceased human bodies or for caring for deceased human bodies before their disposition.

Nothing in this Code shall prohibit the ownership and management of such a place by an unlicensed owner if the place is operated in accordance with this Code and the unlicensed owner does not engage in any form of funeral directing.

(c) The removal of a deceased human body from its place of death, institution, or other location.

A licensed funeral director and embalmer intern may remove a deceased human body from its place of death, institution, or other location without another licensee being present.

The SB0038 Enrolled - 7 - LRB097 02674 CEL 42693 b licensed funeral director may engage others who are not licensed funeral directors, licensed funeral director and embalmers, or licensed funeral director and embalmer interns to assist in the removal if the funeral director directs and instructs them in handling and precautionary procedures and accompanies them on all calls.

The transportation of deceased human remains to a cemetery, crematory or other place of final disposition shall be under the immediate direct supervision of a licensee unless otherwise permitted by this Section.

The transportation of deceased human remains that are embalmed or otherwise prepared and enclosed in an appropriate container to some other place that is not the place of final disposition, such as another funeral home or common carrier, or to a facility that shares common ownership with the transporting funeral home may be performed under the general supervision of a licensee, but the supervision need not be immediate or direct.

(d) The administering and conducting of, or assuming responsibility for administering and conducting of, at need funeral arrangements.

(e) The assuming custody of, transportation, providing shelter, protection and care and disposition of deceased human remains and the furnishing of necessary funeral services, facilities and equipment.

(f) Using in connection with a name or practice the SB0038 Enrolled - 8 - LRB097 02674 CEL 42693 b word "funeral director", "undertaker", "mortician", "funeral home", "funeral parlor", "funeral chapel", or any other title implying that the person is engaged in the practice of funeral directing.

Within the existing scope of the practice of funeral directing or funeral directing and embalming, only a licensed funeral director, a licensed funeral director and embalmer, or a licensed funeral director and embalmer intern under the restrictions provided for in this Code, and not any other person employed or contracted by the licensee, may engage in the following activities at-need:

(1) have direct contact with consumers and explain funeral or burial merchandise or services or (2) negotiate, develop, or finalize contracts with consumers.

This paragraph shall not be construed or enforced in such a manner as to limit the functions of persons regulated under the Illinois Funeral or Burial Funds Act, the Illinois Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the Cemetery Care Act, the Cemetery Association Act, the Illinois Insurance Code, or any other related professional regulatory Act.

The practice of funeral directing shall not include the phoning in of obituary notices, ordering of flowers for the funeral, or reporting of prices on the firm's general price list as required by the Federal Trade Commission Funeral Rule by nonlicensed persons, or like clerical tasks incidental to the act of making funeral arrangements.

SB0038 Enrolled - 9 - LRB097 02674 CEL 42693 b The making of funeral arrangements, at need, shall be done only by licensed funeral directors or licensed funeral directors and embalmers.

Licensed funeral director and embalmer interns may, however, assist or participate in the arrangements under the direct supervision of a licensed funeral director or licensed funeral director and embalmer.

(Source:

P.A.

96-1463, eff.

1-1-11.) (225 ILCS 41/1-20) (Section scheduled to be repealed on January 1, 2013) Sec.

1-20.

Funeral directing and embalming;

definition.

"The practice of funeral directing and embalming" means:

(a) The practice of preparing, otherwise than by embalming, for the burial, cremation, or disposition disposal and directing and supervising the burial or disposition disposal of deceased human remains or performing any act or service in connection with the preparing of dead human bodies.

Preparation, direction, and supervision shall not be construed to mean those functions normally performed by cemetery and crematory personnel.

(b) The practice of operating a place for preparing for the disposition of deceased human bodies or for caring for deceased human bodies before their disposition.

Nothing in this Code shall prohibit the ownership and management of such a place by an unlicensed owner if the place is SB0038 Enrolled - 10 - LRB097 02674 CEL 42693 b operated in accordance with this Code and the unlicensed owner does not engage in any form of funeral directing and embalming.

(c) The removal of a deceased human body from its place of death, institution or other location.

A licensed funeral director and embalmer intern may remove a deceased human body from its place of death, institution, or other location without another licensee being present.

The licensed funeral director and embalmer may engage others who are not licensed funeral directors and embalmers, licensed funeral directors, or licensed funeral director and embalmer interns to assist in the removal if the funeral director and embalmer directs and instructs them in handling and precautionary procedures and accompanies them on all calls.

The transportation of deceased human remains to a cemetery, crematory or other place of final disposition shall be under the immediate, direct supervision of a licensee unless otherwise permitted by this Section.

The transportation of deceased human remains that are embalmed or otherwise prepared and enclosed in an appropriate container to some other place that is not the place of final disposition, such as another funeral home or common carrier, or to a facility that shares common ownership with the transporting funeral home may be performed under the general supervision of a licensee, but the supervision need not be immediate or direct.

SB0038 Enrolled - 11 - LRB097 02674 CEL 42693 b (d) The administering and conducting of, or assuming responsibility for administering and conducting of, at need funeral arrangements.

(e) The assuming custody of, transportation, providing shelter, protection and care and disposition of deceased human remains and the furnishing of necessary funeral services, facilities and equipment.

(f) Using in connection with a name or practice the word "funeral director and embalmer", "embalmer", "funeral director", "undertaker", "mortician", "funeral home", "funeral parlor", "funeral chapel", or any other title implying that the person is engaged in the practice of funeral directing and embalming.

(g) The practice of embalming or representing or holding out oneself as engaged in the practice of embalming of deceased human bodies or the transportation of human bodies deceased of a contagious or infectious disease.

Within the existing scope of the practice of funeral directing or funeral directing and embalming, only a licensed funeral director, a licensed funeral director and embalmer, or a licensed funeral director and embalmer intern under the restrictions provided for in this Code, and not any other person employed or contracted by the licensee, may engage in the following activities at-need:

(1) have direct contact with consumers and explain funeral or burial merchandise or services or (2) negotiate, develop, or finalize contracts with SB0038 Enrolled - 12 - LRB097 02674 CEL 42693 b consumers.

This paragraph shall not be construed or enforced in such a manner as to limit the functions of persons regulated under the Illinois Funeral or Burial Funds Act, the Illinois Pre-Need Cemetery Sales Act, the Cemetery Oversight Act, the Cemetery Care Act, the Cemetery Association Act, the Illinois Insurance Code, or any other related professional regulatory Act.

The practice of funeral directing and embalming shall not include the phoning in of obituary notices, ordering of flowers for the funeral, or reporting of prices on the firm's general price list as required by the Federal Trade Commission Funeral Rule by nonlicensed persons, or like clerical tasks incidental to the act of making funeral arrangements.

The making of funeral arrangements, at need, shall be done only by licensed funeral directors or licensed funeral directors and embalmers.

Licensed funeral director and embalmer interns may, however, assist or participate in the arrangements under the direct supervision of a licensed funeral director or licensed funeral director and embalmer.

(Source:

P.A.

96-1463, eff.

1-1-11.) (225 ILCS 41/1-30) (Section scheduled to be repealed on January 1, 2013) Sec.

1-30.

Powers of the Department.

Subject to the provisions of this Code, the Department may exercise the following powers:

SB0038 Enrolled - 13 - LRB097 02674 CEL 42693 b (1) To authorize examinations to ascertain the qualifications and fitness of applicants for licensing as a licensed funeral director and embalmer and pass upon the qualifications of applicants for licensure.

(2) To examine the records of a licensed funeral director or licensed funeral director and embalmer from any year or any other aspect of funeral directing and embalming as the Department deems appropriate.

(3) To investigate any and all funeral directing and embalming activity.

(4) To conduct hearings on proceedings to refuse to issue or renew licenses or to revoke, suspend, place on probation, reprimand, or otherwise discipline a license under this Code or take other non-disciplinary action.

(5) To adopt all necessary and reasonable rules and regulations for the effective required for the administration of this Code.

(6) To prescribe forms to be issued for the administration and enforcement of this Code.

(7) To maintain rosters of the names and addresses of all licensees and all persons whose licenses have been suspended, revoked, denied renewal, or otherwise disciplined within the previous calendar year.

These rosters shall be available upon written request and payment of the required fee as established by rule.

(8) To contract with third parties for services necessary SB0038 Enrolled - 14 - LRB097 02674 CEL 42693 b for the proper administration of this Code including, without limitation, investigators with the proper knowledge, training, and skills to properly inspect funeral homes and investigate complaints under this Code.

(Source:

P.A.

96-1463, eff.

1-1-11.) (225 ILCS 41/5-5) (Section scheduled to be repealed on January 1, 2013) Sec.

5-5.

License requirement.

It is unlawful for any person to practice, or to attempt to practice, funeral directing without a license as a funeral director issued by the Department.

No person shall practice funeral directing unless they are employed by or contracted with a fixed place of practice or establishment devoted to the care and preparation for burial or for the transportation of deceased human bodies.

who does not have a fixed place of practice or establishment devoted to the care and preparation for burial or for transportation of deceased human bodies, or who is not regularly employed in a fixed place of practice or establishment.

No person shall practice funeral directing independently at the fixed place of practice or establishment of another licensee unless that person's name is published and displayed at all times in connection therewith.

(Source:

P.A.

87-966.) SB0038 Enrolled - 15 - LRB097 02674 CEL 42693 b (225 ILCS 41/5-10) (Section scheduled to be repealed on January 1, 2013) Sec.

5-10.

Funeral director license;

display.

Every holder of a license as a funeral director shall display it in a conspicuous place in the licensee's place of practice or in the place of practice in which the licensee is employed or contracted.

If, in case the licensee is engaged in funeral directing at more than one place of practice, then in the licensee's principal place of practice or the principal place of practice of the licensee's employer and a copy of the license shall be displayed in a conspicuous place at all other places of practice.

(Source:

P.A.

96-1463, eff.

1-1-11.) (225 ILCS 41/5-15) (Section scheduled to be repealed on January 1, 2013) Sec.

5-15.

Renewal;

reinstatement;

restoration Expiration and renewal;

inactive status;

continuing education.

The expiration date and renewal period for each license issued under this Article shall be set by rule.

The holder of a license as a licensed funeral director may renew the license during the month preceding the expiration date of the license by paying the required fee.

A licensed funeral director whose license has expired may have the license reinstated within 5 years from the date of expiration upon payment of the required reinstatement fee.

The reinstatement shall be effective as of SB0038 Enrolled - 16 - LRB097 02674 CEL 42693 b the date of reissuance of the license.

Any licensed funeral director whose license has been expired for more than 5 years may have the license restored only by fulfilling the requirements of the Department's rules and by paying the required restoration fee.

However, any licensed funeral director whose license has expired while he or she has been engaged (1) in federal service on active duty with the United States Army, Navy, Marine Corps, Air Force, or Coast Guard, or the State Militia called into the service or training of the United States of America or (2) in training or education under the supervision of the United States preliminary to induction into the military service may have his or her license restored without paying any lapsed renewal fees or restoration fee or without passing any examination if, within 2 years after termination of the service, training or education other than by dishonorable discharge, he or she furnishes the Department with an affidavit to the effect that he or she has been so engaged and that his or her service, training or education has been so terminated.

In addition to any other requirement for renewal of a license or reinstatement or restoration of an expired license, as a condition for the renewal, reinstatement, or restoration of a license as a licensed funeral director, each licensee shall provide evidence to the Department of completion of at least 12 hours of continuing education during the 24 months preceding the expiration date of the license, or in the case of SB0038 Enrolled - 17 - LRB097 02674 CEL 42693 b reinstatement or restoration, during the 24 months preceding application for reinstatement or restoration.

The continuing education sponsors shall be approved by the Board.

In addition, any qualified continuing education course for funeral directors offered by a college, university, the Illinois Funeral Directors Association, Funeral Directors Services Association of Greater Chicago, Cook County Association of Funeral Home Owners, Inc., Illinois Selected Morticians Association, Inc., Illinois Cemetery and Funeral Home Association, National Funeral Directors Association, Selected Independent Funeral Homes, National Funeral Directors and Morticians Association, Inc., International Order of the Golden Rule, or an Illinois school of mortuary science shall be accepted toward satisfaction of the continuing education requirements.

The Department shall establish by rule a means for verification of completion of the continuing education required by this Section.

This verification may be accomplished through audits of records maintained by licensees, by requiring the filing of continued education certificates with the Department or a qualified organization selected by the Department to maintain these records, or by other means established by the Department.

Except as otherwise provided in this paragraph, a A person who is licensed as a funeral director under this Code and who has engaged in the practice of funeral directing for at least SB0038 Enrolled - 18 - LRB097 02674 CEL 42693 b 40 years shall be exempt from the continuing education requirements of this Section.

Licensees who have not engaged in the practice of funeral directing for at least 40 years by January 1, 2016 shall not receive this exemption after that date.

In addition, the Department shall establish by rule an exemption or exception, for a limited period of time, for funeral directors who, by reason of advanced age, health or other extreme condition should reasonably be excused from the continuing education requirement upon the approval of the Secretary.

Those persons, identified above, who cannot attend on-site classes, shall have the opportunity to comply by completing home study courses designed for them by sponsors.

Any funeral director who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees and completion of continuing education requirements until he or she notifies the Department in writing of an intent to restore or reinstate the license to active status.

Any licensee requesting restoration or reinstatement from inactive status shall notify the Department as provided by rule of the Department and pay the fee required by the Department for restoration or reinstatement of the license.

Any licensee whose license is on inactive status shall not practice in the State of Illinois.

Practice on a license that has lapsed or been placed in inactive status is practicing without a license and a violation SB0038 Enrolled - 19 - LRB097 02674 CEL 42693 b of this Code.

(Source:

P.A.

96-1463, eff.

1-1-11.) (225 ILCS 41/5-18 new) Sec.

5-18.

Inactive status.

(a) Any funeral director who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees and completion of continuing education requirements until he or she notifies the Department in writing of an intent to restore or reinstate the license to active status.

(b) Any licensee who has permitted his or her license to expire or who has had his or her license on inactive status may have the license restored by making application to the Department, by filing proof acceptable to the Department of his or her fitness to have the license restored, and by paying the required fees.

Proof of fitness may include sworn evidence certifying to active lawful practice in another jurisdiction.

If the licensee has not maintained an active practice in another jurisdiction satisfactory to the Department, then the Department shall determine by an evaluation program, established by rule, his or her fitness for restoration of the license and shall establish procedures and requirements for restoration.

Any licensee whose license is on inactive status SB0038 Enrolled - 20 - LRB097 02674 CEL 42693 b shall not practice in the State.

(c) Any licensee whose license is on inactive status or in a non-renewed status shall not engage in the practice of funeral directing in the State or use the title or advertise that he or she performs the services of a licensed funeral director.

Any person violating this Section shall be considered to be practicing without a license and shall be subject to the disciplinary provisions of this Code.

(225 ILCS 41/5-20) (Section scheduled to be repealed on January 1, 2013) Sec.

5-20.

Disposition of unclaimed cremated remains residual ashes.

The holder of a license is authorized at his or her discretion to effect a final disposition of the unclaimed cremated remains residual ashes of any cremated human body if no person lawfully entitled to the custody of the ashes makes or has made a proper request for them within one year of the date of death of the person whose body was cremated.

(Source:

P.A.

87-966.) (225 ILCS 41/10-5) (Section scheduled to be repealed on January 1, 2013) Sec.

10-5.

License requirement.

It is unlawful for any person to practice or attempt to practice funeral directing and embalming without being licensed by the Department.

No person shall practice funeral directing and embalming SB0038 Enrolled - 21 - LRB097 02674 CEL 42693 b unless they are employed by or contracted with a fixed place of practice or establishment devoted to the care and preparation for burial or for the transportation of deceased human bodies.

who does not have a fixed place of practice or establishment in Illinois devoted to the care and preparation for burial or for transportation of deceased human bodies, or who is not regularly employed in a fixed place of practice or establishment.

No person shall practice funeral directing and embalming independently at the fixed place of practice or establishment of another licensee unless his or her name shall be published and displayed at all times in connection therewith.

No licensed intern shall independently practice funeral directing and embalming;

however, a licensed funeral director and embalmer intern may under the immediate personal supervision of a licensed funeral director and embalmer assist a licensed funeral director and embalmer in the practice of funeral directing and embalming.

No person shall practice as a funeral director and embalmer intern unless he or she possesses a valid license in good standing to do so in the State of Illinois.

(Source:

P.A.

93-268, eff.

1-1-04.) (225 ILCS 41/10-20) (Section scheduled to be repealed on January 1, 2013) Sec.

10-20.

Application.

Every person who desires to obtain SB0038 Enrolled - 22 - LRB097 02674 CEL 42693 b a license under this Code shall apply to the Department in writing on forms prepared and furnished by the Department.

The application shall contain proof of the particular qualifications required of the applicant, shall be certified by the applicant, and shall be accompanied by the required fee.

Applicants have 3 years after the date of application to complete the application process.

If the process has not been completed in 3 years, then the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

(Source:

P.A.

87-966.) (225 ILCS 41/10-30) (Section scheduled to be repealed on January 1, 2013) Sec.

10-30.

Issuance, display of license.

Whenever an applicant has met the requirements of this Code, the Department shall issue to the applicant a license as a licensed funeral director and embalmer or licensed funeral director and embalmer intern, as the case may be.

Every holder of a license shall display it in a conspicuous place in the licensee's place of practice or in the place of practice in which the licensee is employed or contracted.

If In case the licensee is engaged in funeral directing and embalming at more than one place of practice, then the license shall be displayed in the licensee's principal place of practice or the principal place of practice of the licensee's employer and a SB0038 Enrolled - 23 - LRB097 02674 CEL 42693 b copy of the license shall be displayed in a conspicuous place at all other places of practice.

(Source:

P.A.

96-1463, eff.

1-1-11.) (225 ILCS 41/10-35) (Section scheduled to be repealed on January 1, 2013) Sec.

10-35.

Renewal;

reinstatement;

restoration;

continuing education.

The expiration date and renewal period for each license issued under this Article shall be set by rule.

The holder of a license as a licensed funeral director and embalmer or funeral director and embalmer intern may renew the license during the month preceding the expiration date of the license by paying the required fee.

A licensed funeral director and embalmer or licensed funeral director and embalmer trainee whose license has expired may have the license reinstated within 5 years from the date of expiration upon payment of the required reinstatement fee and fulfilling the requirements of the Department's rules.

The reinstatement of the license is effective as of the date of the reissuance of the license.

Any licensed funeral director and embalmer whose license has been expired for more than 5 years may have the license restored only by fulfilling the requirements set forth in the Department's rules and by paying the required restoration fee.

However, any licensed funeral director and embalmer or licensed funeral director and embalmer intern whose license has expired SB0038 Enrolled - 24 - LRB097 02674 CEL 42693 b while he or she has been engaged (1) in federal service on active duty with the United States Army, Navy, Marine Corps, Air Force, or Coast Guard, or the State Militia called into the service or training of the United States of America or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license restored without paying any lapsed renewal fees or restoration fee or without passing any examination if, within 2 years after termination of the service, training or education other than by dishonorable discharge, he or she furnishes the Department with an affidavit to the effect that he or she has been so engaged and that his or her service, training or education has been so terminated.

No license of a funeral director and embalmer intern shall be renewed more than twice.

In addition to any other requirement for renewal of a license or reinstatement or restoration of an expired license, as a condition for the renewal, reinstatement, or restoration of a license as a licensed funeral director and embalmer, each licensee shall provide evidence to the Department of completion of at least 24 hours of continuing education during the 24 months preceding the expiration date of the license, or in the case of reinstatement or restoration, within the 24 months preceding the application for reinstatement or restoration.

The continuing education sponsors shall be approved by the Board.

In addition, any qualified continuing education course SB0038 Enrolled - 25 - LRB097 02674 CEL 42693 b for funeral directors and embalmers offered by a college, university, the Illinois Funeral Directors Association, Funeral Directors Services Association of Greater Chicago, Cook County Association of Funeral Home Owners, Inc., Illinois Selected Morticians Associations, Inc., Illinois Cemetery and Funeral Home Association, National Funeral Directors Association, Selected Independent Funeral Homes, National Funeral Directors and Morticians Association, Inc., International Order of the Golden Rule, or an Illinois school of mortuary science shall be accepted toward satisfaction of the continuing education requirements.

The Department shall establish by rule a means for verification of completion of the continuing education required by this Section.

This verification may be accomplished through audits of records maintained by licensees, by requiring the filing of continued education certificates with the Department or a qualified organization selected by the Department to maintain the records, or by other means established by the Department.

Except as otherwise provided in this paragraph, a A person who is licensed as a funeral director and embalmer under this Code and who has engaged in the practice of funeral directing and embalming for at least 40 years shall be exempt from the continuing education requirements of this Section.

Licensees who have not engaged in the practice of funeral directing and embalming for at least 40 years by January 1, 2016 shall not SB0038 Enrolled - 26 - LRB097 02674 CEL 42693 b receive this exemption after that date.

In addition, the Department shall establish by rule an exemption or exception, for a limited period of time, for funeral directors and embalmers who, by reason of advanced age, health or other extreme condition, should reasonably be excused from the continuing education requirement upon the approval of the Secretary.

Those persons, identified above, who cannot attend on-site classes, shall have the opportunity to comply by completing home study courses designed for them by sponsors.

Any funeral director and embalmer who notifies the Department in writing on forms prescribed by the Department, may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees and completion of continuing education requirements until he or she notifies the Department in writing of an intent to restore or reinstate the license to active status.

While on inactive status, the licensee shall only be required to pay a single fee, established by the Department, to have the license placed on inactive status.

Any licensee requesting restoration or reinstatement from inactive status shall notify the Department as provided by rule of the Department and pay the fee required by the Department for restoration or reinstatement of the license.

Any licensee whose license is on inactive status shall not practice in the State of Illinois.

Practice on a license that has lapsed or been placed in SB0038 Enrolled - 27 - LRB097 02674 CEL 42693 b inactive status is practicing without a license and a violation of this Code.

(Source:

P.A.

96-1463, eff.

1-1-11.) (225 ILCS 41/10-38 new) Sec.

10-38.

Inactive status.

(a) Any funeral director and embalmer who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees and completion of continuing education requirements until he or she notifies the Department in writing of an intent to restore or reinstate the license to active status.

(b) While on inactive status, the licensee shall only be required to pay a single fee, established by the Department, to have the license placed on inactive status.

Any licensee who has permitted his or her license to expire or who has had his or her license on inactive status may have the license restored by making application to the Department, by filing proof acceptable to the Department of his or her fitness to have the license restored, and by paying the required fees.

Proof of fitness may include sworn evidence certifying to active lawful practice in another jurisdiction.

If the licensee has not maintained an active practice in another jurisdiction satisfactory to the Department, then the Department shall SB0038 Enrolled - 28 - LRB097 02674 CEL 42693 b determine by an evaluation program, established by rule, his or her fitness for restoration of the license and shall establish procedures and requirements for restoration.

(c) Any licensee whose license is on inactive status or in a non-renewed status shall not engage in the practice of funeral directing and embalming in the State or use the title or advertise that he or she performs the services of a licensed funeral director and embalmer.

Any person violating this Section shall be considered to be practicing without a license and shall be subject to the disciplinary provisions of this Code.

(225 ILCS 41/10-43 new) Sec.

10-43.

Endorsement.

The Department may issue a funeral director and embalmer license, without the required examination, to an applicant licensed by another state, territory, possession of the United States, or the District of Columbia, if (i) the licensing requirements of that licensing authority are, on the date of licensure, substantially equal to the requirements set forth under this Code and (ii) the applicant provides the Department with evidence of good standing from the licensing authority of that jurisdiction.

An applicant under this Section shall pay all of the required fees.

(225 ILCS 41/15-5) (from Ch.

1133)2825) SB0038 Enrolled - 29 - LRB097 02674 CEL 42693 b (Section scheduled to be repealed on January 1, 2013) Sec.

35.15-5.

TheFuneral DepartmentDirectors shall promulgate and publishEmbalmers andLicensing may from time to time amend a minimum code of standards for plumbing and theDisciplinary fixtures,Board. materials, design and installation methods of plumbing systems based upon the findings of the sciences of pneumatics and hydraulics, after consideration of the recommendations of the Plumbing Code Advisory Council.

TheA DepartmentFuneral mayDirectors promulgate and publishEmbalmers rulesLicensing inand theDisciplinary State'sBoard minimumis codecreated ofand standardsshall forconsist the minimum number of plumbing7 fixturespersons, required6 for the comfort and convenience of workerswhom andare thelicensed publicto notpractice inconsistentfuneral with,directing butand notembalming limitedin to,this theState, requirementsand ofone thewho federalis Americansa Withknowledgeable Disabilitiespublic Act,member. the Equitable Restrooms Act, and the U.S.

DepartmentEach ofmember Labor,shall Officebe ofappointed Safetyby andthe HealthSecretary Administration.of the Department .

The Departmentpersons shallso adoptappointed andshall publishhold atheir minimumoffices code of standards for rainwater4 harvestingyears collection systems and rainwateruntil harvestingqualified distributionsuccessors systemsare byappointed. January 1, 2012.

TheAll minimumvacancies codeoccurring of standards for plumbing and any amendments thereto shall be filedfilled withby the Secretary offor Statethe asunexpired aportion publicof record.the term rendered vacant.

InNo SB0038member Engrossedshall -be 9eligible - LRB097 02674 CEL 42693 b preparing plumbing code standards and amendments thereto the Department may give consideration to theserve recommendationsfor containedmore inthan nationally2 recognizedfull plumbingconsecutive codesterms. and recommendations of nationally recognized material and equipment testing laboratories.

The plumbingSecretary codemay promulgatedremove byor thesuspend Departmentany undermember authority of this Act shall remain in effect as the minimumBoard codefor authorizedcause byat thisany Acttime untilbefore the Departmentexpiration promulgatesof ahis newor codeher underterm. authority of this Act.

AtThe leastSecretary 20shall days'be noticethe ofsole aarbiter publicof hearingcause shallreasons beprescribed given by thelaw Departmentfor inremoval aof mannerState whichofficials theor Departmentfor considersmisconduct, adequateincompetence, toneglect bringof theduty, hearingor failing to theattend attention2 ofconsecutive personsBoard interestedmeetings. in plumbing code standards.

NoticeThe ofcause anyfor publicremoval hearingmust shall be givenset byforth thein Departmentwriting. to those who file a request for a notice of hearings.

The Board shall annually select a chairman from its membership.

The members of the Board shall be reimbursed for all legitimate and necessary expenses incurred in attending meetings of the Board.

The Board may meet as often as necessary to perform its duties under this Code, and shall meet at least once a year in Springfield, Illinois.

Four members of the Board shall constitute a quorum.

A quorum is required for all Board decisions.

SB0038 Enrolled - 30 - LRB097 02674 CEL 42693 b The Department shall consider the recommendation of the Board in the development of proposed rules under this Code.

Notice of any proposed rulemaking under this Code shall be transmitted to the Board and the Department shall review the response of the Board and any recommendations relating to that rulemaking.

The Department shall seek the advice and recommendations of the Board in connection with any rulemaking or disciplinary actions relating to funeral director and embalmers and funeral director and embalmer interns, including applications for restoration of revoked licenses.

Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other activities performed in good faith as members of the Board.

The Board shall have 60 days to respond to a Department request for advice and recommendations.

The Department shall adopt all necessary and reasonable rules and regulations for the effective administration of this Code, and without limiting the foregoing, the Department shall adopt rules and regulations:

(1) prescribing a method of examination of candidates;

(2) defining what shall constitute a school, college, university, department of a university or other institution to determine the reputability and good standing of these institutions by reference to a compliance with the rules and regulations;

however, no school, college, university, department of a university or other SB0038 Enrolled - 31 - LRB097 02674 CEL 42693 b institution that refuses admittance to applicants, solely on account of race, color, creed, sex or national origin shall be considered reputable and in good standing;

(3) establishing expiration dates and renewal periods for all licenses;

(4) prescribing a method of handling complaints and conducting hearings on proceedings to take disciplinary action under this Code;

and (5) providing for licensure by reciprocity.

87-885.)96-1463, Sectioneff. 99.

1-1-11.) (225 ILCS 41/15-15) (Section scheduled to be repealed on January 1, 2013) Sec.

15-15.

Complaints;

investigations;

hearings;

summary suspension of license.

The Department may investigate the actions of any applicant or of any person or persons rendering or offering to render services or any person holding or claiming to hold a license under this Code.

The Department shall, before refusing to issue or renew a license or seeking to discipline a licensee under Section 75 revoking, suspending, placing on probation, reprimanding, or taking any other disciplinary action, at least 30 days before the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges under oath within 20 days after the service on him SB0038 Enrolled - 32 - LRB097 02674 CEL 42693 b or her of the notice, and (iii) inform the applicant or licensee accused that, failure if he or she fails to answer, shall result in a default being entered will be taken against the applicant or licensee him or her or that his or her license may be suspended, revoked, or placed on probationary status, or other disciplinary action taken with regard to the license, including limiting the scope, nature, or extent of his or her practice, as the Department may consider proper.

At the time and place fixed in the notice, the Board or the hearing officer appointed by the Secretary Department shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments.

The Board or hearing officer Department may continue the hearing from time to time.

In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Secretary, having first received the recommendation of the Board Department, be suspended, revoked, or placed on probationary status, or be subject to the Department may take whatever disciplinary action the Secretary it considers 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 that action under this Code.

The written notice and any notice in the subsequent proceeding may be served by regular personal delivery or by certified mail to the SB0038 Enrolled - 33 - LRB097 02674 CEL 42693 b licensee's address of record specified by the accused in his or her last notification with the Department.

The Department has the power to subpoena and bring before it any person to take oral or written testimony and to compel the production of any books, papers, records, or other documents that the Secretary or his or her designee deems relevant or material to any investigation or hearing conducted by the Department, with the same fees and in the same manner as prescribed in civil cases.

The Secretary, the designated hearing officer, and every member of the Board has the power to administer oaths to witnesses at any hearing that the Department is authorized to conduct, and any other oaths authorized in any Act or Code administered by the Department.

If the Department determines that any licensee is guilty of a violation of any of the provisions of this Code, disciplinary action shall be taken against the licensee.

The Department may take disciplinary action without a formal hearing subject to Section 10-70 of the Illinois Administrative Procedure Act.

The Secretary may summarily suspend the license of any person licensed under this Code without a hearing, simultaneously with the institution of proceedings for a hearing provided for in this Section, if the Secretary finds that evidence in the possession of the Secretary indicates that the continuation of practice by the licensee would constitute an imminent danger to the public.

In the event that the Secretary summarily suspends the license of an individual SB0038 Enrolled - 34 - LRB097 02674 CEL 42693 b without a hearing, a hearing must be held within 30 days after the suspension has occurred and concluded as expeditiously as practical.

(Source:

P.A.

96-48, eff.

7-17-09;

96-1463, eff.

1-1-11.) (225 ILCS 41/15-16) (Section scheduled to be repealed on January 1, 2013) Sec.

15-16.

Appointment of a hearing officer.

The Secretary has the authority to appoint any attorney licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue, restore, or renew a license or to discipline a licensee.

The hearing officer has full authority to conduct the hearing.

Any Board member may attend hearings.

(Source:

P.A.

96-1463, eff.

1-1-11.) (225 ILCS 41/15-18 new) Sec.

15-18.

Temporary suspension.

The Secretary may temporarily suspend the license of a licensee without a hearing, simultaneously with the institution of proceedings for a hearing provided in Section 15-15 of this Code, if the Secretary finds that the public interest, safety, or welfare requires such emergency action.

In the event that the Secretary temporarily suspends a license without a hearing before the Board or a duly appointed hearing officer, a hearing shall be held within 30 days after the suspension has occurred.

The SB0038 Enrolled - 35 - LRB097 02674 CEL 42693 b suspended licensee may seek a continuance of the hearing, during which time the suspension shall remain in effect.

The proceeding shall be concluded without appreciable delay.

If the Department does not hold a hearing within 30 days after the date of the suspension, then the licensee's license shall be automatically reinstated.

(225 ILCS 41/15-19 new) Sec.

15-19.

Consent to Administrative Supervision order.

In appropriate cases, the Department may resolve a complaint against a licensee through the issuance of a Consent to Administrative Supervision order.

A licensee subject to a Consent to Administrative Supervision order shall be considered by the Department as an active licensee in good standing.

This order shall not be reported or considered by the Department to be a discipline of the licensee.

The records regarding an investigation and a Consent to Administrative Supervision order shall be considered confidential and shall not be released by the Department except as mandated by law.

A complainant shall be notified if his or her complaint has been resolved by a Consent to Administrative Supervision order.

(225 ILCS 41/15-20) (Section scheduled to be repealed on January 1, 2013) Sec.

15-20.

Transcript;

record of proceedings.

The Department, at its expense, shall preserve a record of all SB0038 Enrolled - 36 - LRB097 02674 CEL 42693 b proceedings at the formal hearing of any case.

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 Board or hearing officer, and the orders of the Department shall be the record of the proceedings.

The Department shall furnish a transcript of the record to any person interested in the hearing upon payment of the actual cost of making the transcript.

(Source:

P.A.

96-1463, eff.

1-1-11.) (225 ILCS 41/15-21) (Section scheduled to be repealed on January 1, 2013) Sec.

15-21.

Findings and recommendations.

At the conclusion of the hearing, the Board or hearing officer shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations.

The report shall contain a finding of whether or not the accused person violated this Code or its rules or failed to comply with the conditions required in this Code or its rules.

The Board shall specify the nature of any violations or failure to comply and shall make its recommendations to the Secretary.

In making recommendations for any disciplinary action, the Board may take into consideration all facts and circumstances bearing upon the reasonableness of the conduct of the accused and the potential for future harm to the public, including, but not limited to, previous discipline of the accused by the Department, intent, SB0038 Enrolled - 37 - LRB097 02674 CEL 42693 b degree of harm to the public and likelihood of harm in the future, any restitution made by the accused, and whether the incident or incidents contained in the complaint appear to be isolated or represent a continuing pattern of conduct.

In making its recommendations for discipline, the Board shall endeavor to ensure that the severity of the discipline recommended is reasonably related to the severity of the violation.

The report of findings of fact, conclusions of law, and recommendation of the Board or hearing officer shall be the basis for the Secretary's Department's order refusing to issue, restore, or renew a license, or otherwise disciplining a licensee.

If the Secretary disagrees with the recommendations of the Board or hearing officer, the Secretary may issue an order in contravention of the Board or hearing officer's recommendations.

The finding is not admissible in evidence against the person in a criminal prosecution brought for a violation of this Code, but the hearing and finding are not a bar to a criminal prosecution brought for a violation of this Code.

(Source:

P.A.

96-1463, eff.

1-1-11.) (225 ILCS 41/15-22) (Section scheduled to be repealed on January 1, 2013) Sec.

15-22.

Rehearing.

At the conclusion of the hearing, a copy of the Board or hearing officer's report shall be served SB0038 Enrolled - 38 - LRB097 02674 CEL 42693 b upon the applicant or licensee by the Department, either personally or as provided in this Code for the service of a notice of hearing.

Within 20 calendar days after service, the applicant or licensee may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for rehearing.

The Department may respond to the motion for rehearing within 20 calendar days after its service on the Department.

If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon denial, the Secretary may enter an order in accordance with the recommendations of the Board or hearing officer.

If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.

If the Secretary believes that substantial justice has not been done in the revocation, suspension, or refusal to issue, restore, or renew a license, or other discipline of an applicant or licensee, he or she may order a rehearing by the same or other hearing officers examiners.

(Source:

P.A.

96-1463, eff.

1-1-11.) (225 ILCS 41/15-25) (Section scheduled to be repealed on January 1, 2013) SB0038 Enrolled - 39 - LRB097 02674 CEL 42693 b Sec.

15-25.

Subpoenas;

oaths;

attendance of witnesses Court order;

contempt.

(a) The Department may subpoena and bring before it any person to take the oral or written testimony or compel the production of any books, papers, records, or any other documents that the Secretary or his or her designee deems relevant or material to any investigation or hearing conducted by the Department with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State.

(b) The Secretary, the hearing officer, any member of the Board, or a certified shorthand court reporter may administer oaths at any hearing that the Department conducts.

Notwithstanding any other statute or Department rule to the contrary, all requests for testimony, production of documents, or records shall be in accordance with this Code.

(c) Any circuit court, upon application of the applicant, licensee or the Department, may, by order duly entered, require the attendance and testimony of witnesses and the production of relevant documents, files, books, records, and papers in connection with any hearing or investigation.

The before the Department in any hearing relating to the refusal, suspension or revocation of a license.

Upon refusal or neglect to obey the order of the court, the court may compel compliance with its order by proceedings for contempt of court.

(Source:

P.A.

87-966.) SB0038 Enrolled - 40 - LRB097 02674 CEL 42693 b (225 ILCS 41/15-40) (Section scheduled to be repealed on January 1, 2013) Sec.

15-40.

Certification of record;

receipt.

The Department shall not be required to certify any record to the court, to file an answer in court, or otherwise to appear in any court in a judicial review proceeding unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department.

Exhibits shall be certified without cost.

Failure on the part of the Plaintiff to file a receipt in court is shall be grounds for dismissal of the action.

(Source:

P.A.

96-1463, eff.

1-1-11.) (225 ILCS 41/15-41) (Section scheduled to be repealed on January 1, 2013) Sec.

15-41.

Order or certified copy;

prima facie proof.

An order or certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, is prima facie proof that:

(1) the signature is the genuine signature of the Secretary;

and (2) the Secretary is duly appointed and qualified.;

and (3) the hearing officer is qualified to act.

(Source:

P.A.

96-1463, eff.

1-1-11.) SB0038 Enrolled - 41 - LRB097 02674 CEL 42693 b (225 ILCS 41/15-45) (Section scheduled to be repealed on January 1, 2013) Sec.

15-45.

Practice without license;

injunction;

cease and desist order;

civil penalties.

(a) The practice of funeral directing and embalming or funeral directing by any person who has not been issued a license by the Department, whose license has been suspended or revoked, or whose license has not been renewed is hereby declared to be inimical to the public welfare and to constitute a public nuisance.

The Secretary may, in the name of the People of the State of Illinois through the Attorney General of the State of Illinois, or the State's Attorney of any county in which the violation is alleged to have occurred in the State of Illinois, apply for an injunction in the circuit court to enjoin any person who has not been issued a license or whose license has been suspended or revoked, or whose license has not been renewed, from practicing funeral directing and embalming or funeral directing.

Upon the filing of a verified complaint in court, the court, if satisfied by affidavit or otherwise that the person is or has been practicing funeral directing and embalming or funeral directing without having been issued a license or after his or her license has been suspended, revoked, or not renewed, may issue a temporary restraining order or preliminary injunction, without notice or bond, enjoining the defendant from further practicing funeral SB0038 Enrolled - 42 - LRB097 02674 CEL 42693 b directing and embalming or funeral directing.

A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases.

If it is established that the defendant has been or is practicing funeral directing and embalming or funeral directing without having been issued a license or has been or is practicing funeral directing and embalming or funeral directing after his or her license has been suspended, revoked, or not renewed, the court may enter a judgment perpetually enjoining the defendant from further practicing funeral directing and embalming or funeral directing.

In case of violation of any injunction entered under this Section, the court may summarily try and punish the offender for contempt of court.

Any injunction proceeding shall be in addition to, and not in lieu of, all penalties and other remedies in this Code.

(b) Whenever, in the opinion of the Department, any person or other entity violates any provision of this Code, the Department may issue a notice to show cause why an order to cease and desist should not be entered against that person or other entity.

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.

(c) (Blank).

SB0038 Enrolled - 43 - LRB097 02674 CEL 42693 b (Source:

P.A.

96-1463, eff.

1-1-11;

97-333, eff.

8-12-11.) (225 ILCS 41/15-46) (Section scheduled to be repealed on January 1, 2013) Sec.

15-46.

Civil penalties;

civil action.

(a) In addition to any other penalty provided by law, any person, sole proprietorship, professional service corporation, limited liability company, partnership, or other entity that violates Section 1-15 or 1-20 of this Code shall forfeit and pay to the General Professions Dedicated Fund a civil penalty in an amount determined by the Department not to exceed $10,000 for each violation.

The penalty shall be assessed in proceedings as provided in Sections 15-10 through 15-41 of this Code.

(b) In addition to the other penalties and remedies provided in this Code, the Department may bring a civil action in the county in which the funeral establishment is located against a licensee or any other person to enjoin any violation or threatened violation of this Code.

(c) Unless the amount of the penalty is paid within 60 days after the order becomes final, the order shall constitute a judgment judgement and shall be filed and execution issued thereon in the same manner as the judgment judgement of a court of record.

(Source:

P.A.

96-1463, eff.