(225 ILCS 105/0.05)
(Section scheduled to be repealed on January 1, 2027)
Sec. 0.05. Declaration of public policy. Professional boxing
and full-contact martial arts contests in the State of Illinois, and amateur boxing and full-contact martial arts contests, are
hereby declared to affect the public health,
safety, and welfare and to be subject to regulation and control in the public
interest. It is further declared to be a matter of public interest and concern
that these contests, as defined in this Act, merit and receive the
confidence of the public and that only qualified persons be authorized to
participate in these contests and events in the State of
Illinois. This Act shall be liberally construed to best carry out these objects
and purposes.
(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
(225 ILCS 105/0.10)
Sec. 0.10. (Repealed).
(Source: P.A. 95-593, eff. 6-1-08. Repealed by P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/1) (from Ch. 111, par. 5001)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1. Short title and definitions.
(a) This Act may be cited as the Boxing and Full-contact Martial Arts Act.
(b) As used in this Act:
(225 ILCS 105/1.4)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1.4. Address of record; email address of record. All applicants and licensees shall:
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/1.5)
Sec. 1.5. (Repealed).
(Source: P.A. 95-593, eff. 6-1-08. Repealed by P.A. 96-663, eff. 8-25-09.)
(225 ILCS 105/2) (from Ch. 111, par. 5002)
(Section scheduled to be repealed on January 1, 2027)
Sec. 2. State of Illinois Athletic Board.
(a) The Secretary shall appoint members to the State of Illinois Athletic Board. The Board shall consist of 7 members who shall serve in an advisory capacity to the Secretary. One member of the Board shall be a physician licensed to
practice medicine in all of its branches. One member of the Board shall be a member of the full-contact martial arts community. One member of the Board shall be a member of either the full-contact martial arts community or the boxing community.
(b) Board members shall serve 5-year terms and until their successors are appointed and qualified.
(c) In appointing members to the Board, the Secretary shall give due consideration to recommendations by members and organizations of the martial arts and boxing industry.
(d) The membership of the Board should reasonably reflect representation from the geographic areas in this State.
(e) No member shall be appointed to the Board for a term that would cause his or her continuous service on the Board to be longer than 2 consecutive 5-year terms.
(f) The Secretary may terminate the appointment of any member for cause that in the opinion of the Secretary reasonably justified such termination, which may include, but is not limited to, a Board member who does not attend 2 consecutive meetings.
(g) Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term.
(h) Four members of the Board shall constitute a quorum. A quorum is required for Board decisions.
(i) Members of the Board shall have no liability in any action based upon activity performed in good faith as members of the Board.
(j) Members of the Board may be reimbursed for all legitimate, necessary, and authorized expenses.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/2.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 2.5. Powers and duties of the Board.
(a) Subject to the provisions of this Act, the Board shall exercise the following functions, powers, and duties:
(b) The Department may, at any time, seek the expert advice and knowledge of the Board on any matter relating to the enforcement of this Act.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/3) (from Ch. 111, par. 5003)
Sec. 3.
(Repealed).
(Source: P.A. 82-522. Repealed by P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/4) (from Ch. 111, par. 5004)
Sec. 4.
(Repealed).
(Source: P.A. 82-522. Repealed by P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/5) (from Ch. 111, par. 5005)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5. Powers and duties of the Department. The Department shall, subject to the provisions of this Act, exercise the following functions, powers, and duties:
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/6) (from Ch. 111, par. 5006)
(Section scheduled to be repealed on January 1, 2027)
Sec. 6. Restricted contests and events.
(a) All professional and amateur contests, or a combination of both, in which
physical contact is made are prohibited in Illinois unless authorized by the Department pursuant to the requirements and standards stated in this Act and the rules adopted pursuant to this Act. This subsection (a) does not apply to any of the following:
No other amateur boxing or full-contact martial arts contests shall be permitted unless authorized by the Department.
(b) The Department shall have the authority to determine whether a professional or amateur contest is exempt for purposes of this Section.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/7) (from Ch. 111, par. 5007)
(Section scheduled to be repealed on January 1, 2027)
Sec. 7. Authorization to conduct contests; sanctioning bodies.
(a) In order to conduct a professional contest, an amateur contest, or a combination of both,
in this State, a promoter shall obtain a permit issued by the Department
in accordance with this Act and the rules and regulations adopted pursuant
thereto. This permit shall authorize one or more professional or amateur contests, or a combination of both.
(b) Before January 1, 2023, amateur full-contact martial arts contests must be registered and sanctioned by a sanctioning body approved by the Department for that purpose under the requirements and standards stated in this Act and the rules adopted under this Act.
(c) On and after January 1, 2023, a promoter for an amateur full-contact martial arts contest shall obtain a permit issued by the Department under the requirements and standards set forth in this Act and the rules adopted under this Act.
(d) On and after January 1, 2023, the Department shall not approve any sanctioning body. A sanctioning body's approval by the Department that was received before January 1, 2023 is withdrawn on January 1, 2023.
(e) A permit issued under this Act is not transferable.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/7.5)
Sec. 7.5.
(Repealed).
(Source: P.A. 91-408, eff. 1-1-00. Repealed by P.A. 95-593, eff. 6-1-08.)
(225 ILCS 105/8) (from Ch. 111, par. 5008)
(Section scheduled to be repealed on January 1, 2027)
Sec. 8. Permits.
(a) A promoter who desires to obtain a permit to conduct a professional or amateur
contest, or a combination of both, shall apply to the Department at least 30 calendar days prior to the
event,
in writing or electronically, on forms prescribed by the Department. The application shall
be accompanied by the required fee and shall
contain, but not be limited to, the following information to be submitted at times specified by rule:
(b)
The Department may issue a permit to any promoter who meets the requirements of
this Act
and the rules. The permit shall only be issued for a specific date and location
of a professional or amateur contest, or a combination of both, and
shall not be transferable. The
Department may allow a promoter to amend a permit
application to hold a professional or amateur contest, or a combination of both, in a different
location other than the
application specifies if all requirements of this Section are met, waiving the 30-day provision of subsection (a).
(c) The Department shall be responsible for assigning the judges,
timekeepers, referees, and physicians for a professional contest, an amateur contest, or a combination of both. Compensation shall be determined by the Department, and it
shall be the responsibility of the promoter to pay the
individuals utilized.
(d) The promoter shall submit the following documents to the Department at times specified by rule:
(e) If the accuracy, relevance, or sufficiency of any submitted documentation is questioned by the Department because of lack of information, discrepancies, or conflicts in information given or a need for clarification, the promoter seeking a permit may be required to provide additional information.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/9) (from Ch. 111, par. 5009)
Sec. 9.
(Repealed).
(Source: P.A. 85-225. Repealed by P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/10) (from Ch. 111, par. 5010)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. Who must be licensed.
(a) In order to participate in
contests the following persons
must each be licensed and in good standing with the Department: (a) professionals and amateurs,
(b) seconds, (c) referees, (d) judges, (e) managers, (f)
matchmakers, and (g) timekeepers.
(b) In order to participate in professional or amateur contests or a combination of both, promoters must be licensed and in good standing with the Department.
(c) Announcers may participate in professional or amateur contests, or a combination of both, without being licensed under this Act. It shall be the responsibility of
the promoter to ensure that announcers comply
with the Act, and all rules and regulations promulgated pursuant to this
Act.
(d) A licensed promoter may not act as, and cannot be licensed as, a second, professional, referee, timekeeper, judge, or manager. If he or she is so licensed, he
or she must relinquish any of these licenses to the Department for
cancellation.
A person possessing a valid
promoter's license may act as a matchmaker.
(e) Participants in amateur full-contact martial arts contests taking place before January 1, 2023 are not required to obtain licenses by the Department, except for promoters of amateur contests.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/10.1)
Sec. 10.1. (Repealed).
(Source: P.A. 97-119, eff. 7-14-11. Repealed by P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/10.5)
Sec. 10.5. (Repealed).
(Source: P.A. 97-119, eff. 7-14-11. Repealed by P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/11) (from Ch. 111, par. 5011)
(Section scheduled to be repealed on January 1, 2027)
Sec. 11. Qualifications for license. The Department shall grant
licenses to the following persons
if the following qualifications are met:
In determining good moral character, the Department may take into
consideration any violation of any of the provisions of Section 16 of this
Act as to referees, judges, managers, matchmakers, timekeepers, or promoters and any felony conviction of the applicant, but such a conviction shall
not
operate as a bar to licensure. No license issued under this Act is
transferable.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/11.5)
Sec. 11.5. (Repealed).
(Source: P.A. 97-119, eff. 7-14-11. Repealed by P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/12) (from Ch. 111, par. 5012)
(Section scheduled to be repealed on January 1, 2027)
Sec. 12. Professional or amateur contests.
(a) The professional or amateur contest, or a combination of both,
shall be held in an area where adequate neurosurgical
facilities are immediately available for skilled emergency
treatment of an injured professional or amateur.
(b) Each professional or amateur shall be examined before the contest
and promptly after each bout by a physician. The physician
shall determine, prior to
the contest, if each professional or amateur is physically fit to compete in the contest.
After the bout the physician shall examine the professional or amateur to
determine
possible injury. If the professional's or amateur's physical condition so indicates, the
physician shall recommend to the Department immediate medical suspension. The physician or a licensed paramedic must check the vital signs of all contestants as established by rule.
(c)
The physician may, at any time during the professional or amateur bout, stop the professional or amateur bout to
examine a professional or amateur contestant and may direct the referee to terminate the bout when, in the physician's opinion,
continuing the bout could result in serious injury to the professional or amateur. If the professional's or amateur's physical condition so indicates, the physician shall recommend to the Department immediate medical suspension. The
physician shall certify to the condition of the professional or amateur in writing, over
his or her signature on forms prescribed by the Department. Such reports shall
be submitted to the Department in a timely manner.
(d) No professional or amateur contest, or a combination of
both, shall be allowed to begin or be held unless
at least one physician, at least one EMT and one paramedic, and one ambulance have been contracted
with solely for the care of professionals or amateurs who are competing as defined by rule.
(e) No professional boxing bout shall be more than 12 rounds in length. The rounds
shall not
be more than 3 minutes each with a minimum one-minute interval between them, and
no professional boxer shall be allowed to participate in more than one contest within a 7-day period.
The number and length of rounds for all other professional or amateur boxing or full-contact martial
arts contests, or a combination of both, shall be determined by rule.
(f) The number and types of officials required for each professional or amateur contest, or a combination of both, shall be determined by rule.
(g) The Department or its representative shall have
discretion to declare
a price, remuneration,
or purse or any part of it belonging to the professional withheld if in the
judgment of the Department or its representative the professional
is not honestly competing.
(h)
The Department shall have the authority to prevent a professional or amateur contest, or a combination of
both,
from being held and shall have the authority to stop a professional or amateur contest, or a combination of
both, for noncompliance
with any part of this Act or rules or when, in the judgment of the Department,
or its representative, continuation of the event would endanger the health,
safety, and welfare of the professionals or amateurs or spectators. The Department's authority to stop a contest on the basis that the professional or amateur contest, or a combination of
both, would endanger the health, safety, and welfare of the professionals or amateurs or spectators shall extend to any professional or amateur contest, or a combination of
both, regardless of whether that amateur contest is exempted from the prohibition in Section 6 of this Act.
(i) A professional shall only compete against another professional. An amateur shall only compete against another amateur.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/13) (from Ch. 111, par. 5013)
(Section scheduled to be repealed on January 1, 2027)
Sec. 13. Tickets; tax. The total number of
tickets sold
shall not exceed the total seating capacity of the premises in which
the professional or amateur contest, or a combination of
both, is to be held. No tickets of admission to any professional or amateur
contest, or a combination of
both,
shall be sold except those declared on an
official ticket inventory as described in this Section.
A promoter who conducts a professional contest, an amateur contest, or a combination of both under this
Act shall, within 7 business days after such a contest:
Moneys in the General Professions Dedicated Fund shall be used by the Department, subject to appropriation, for expenses incurred in administering this Act. Moneys in the Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law.
In addition to the payment of any other taxes and money due
under this Section, every promoter of a professional or a combination of a professional and amateur contest shall pay to the Department
3% of the first $500,000 and 4% thereafter, which shall not exceed $50,000 in total from the
total gross receipts from the sale, lease, or other exploitation of broadcasting, including, but not limited to,
Internet, cable, television, and motion picture rights for that
professional contest, amateur contest, combination of both, or exhibition without any
deductions for commissions, brokerage fees, distribution fees, advertising, professional contestants' purses, or any other
expenses or charges. These fees shall be paid to the
Department within 7 business days after the conclusion of the broadcast of the contest and placed in the General Professions Dedicated Fund.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/14) (from Ch. 111, par. 5014)
(Section scheduled to be repealed on January 1, 2027)
Sec. 14.
Failure to report ticket sales and tax.
If the permit holder
fails to make a report as required by
Section 13, or if such report is unsatisfactory, the Department may
examine or cause to be examined the books and records of any such holder
or his associates or any other person as a witness under oath to determine
the total amount of tax due under this Act.
If it is determined that there has been a default in the payment of a tax,
the promoter shall be given 20 days notice of the amount due which shall
include the expenses incurred in making the examination.
If the promoter does not pay the amount due he shall be disqualified from
obtaining a
permit under this Act and the Attorney General shall institute suit upon
the bond filed pursuant to this Act to recover the tax or penalties imposed by
this Act.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/15) (from Ch. 111, par. 5015)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Inspectors. The Secretary may appoint
inspectors to
assist the Department staff in the administration of the Act.
Each inspector appointed
by the
Secretary shall receive
compensation
for each day he or she is engaged in the transacting of
business of the Department.
The inspector or inspectors shall
supervise
each professional contest, amateur contest, or combination of both and, at the
Department's discretion, may supervise any contest to ensure that the provisions of the Act are
strictly enforced.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/16) (from Ch. 111, par. 5016)
(Section scheduled to be repealed on January 1, 2027)
Sec. 16. Discipline and sanctions.
(a) The Department may refuse to issue a
permit or license or refuse to renew, suspend, revoke,
reprimand, place on
probation, or take such other disciplinary or non-disciplinary action as the Department may
deem proper, including the imposition of fines not to exceed $10,000 for
each violation, with regard to any permit or license for one
or
any combination of the following reasons:
(b) 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. The suspension will end only upon a finding by a court
that the licensee is no
longer subject to involuntary admission or judicial admission, issuance of an
order so finding and
discharging the licensee.
(c) In enforcing this Section, the Department, upon a showing of a possible
violation,
may compel any
individual licensed to practice under this Act, or who has
applied for licensure pursuant to this Act, to submit to a mental or physical
examination, or both, as required
by and at the expense of the Department. The examining physicians or clinical
psychologists shall be
those specifically designated by the Department. The Department may
order the examining
physician or clinical psychologist to present testimony concerning this mental
or physical examination
of the licensee or applicant. No information shall be excluded
by
reason of any common
law or statutory privilege relating to communications between the licensee or applicant
and the examining physician or clinical psychologist. Eye examinations may be
provided by a physician licensed to practice medicine in all of its branches or a
licensed and certified therapeutic optometrist. The individual to be examined
may have, at his or her
own expense, another physician of his or her choice present during all aspects
of the examination.
Failure of any individual to submit to a mental or physical examination, when
directed, shall be
grounds for suspension or revocation of a license.
(d) A contestant who tests positive for a banned substance, as defined by rule, shall have his or her license immediately suspended. The license shall be subject to other discipline as authorized in this Section.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/17) (from Ch. 111, par. 5017)
(Section scheduled to be repealed on January 1, 2027)
Sec. 17. Administrative Procedure Act. The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act. The Department shall not be required to annually verify email addresses as specified in paragraph (2) subsection (a) of Section 10-75 of the Illinois Administrative Procedure Act. For the purposes of this
Act the notice required under Section 10-25 of the Illinois Administrative Procedure Act
is deemed sufficient when mailed to the last known address of record or emailed to the email address of record.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/17.7)
(Section scheduled to be repealed on January 1, 2027)
Sec. 17.7. Restoration of license from discipline.
(a) At any time after the successful completion of a term of indefinite probation, suspension, or revocation of a license under this Act, the Department may restore the license to the licensee unless, after an investigation and a hearing, the Secretary determines that restoration is not in the public interest.
(b) If circumstances of suspension or revocation so indicate, the Department may require an examination of the licensee prior to restoring his or her license.
(c) No person whose license has been revoked as authorized in this Act may apply for restoration of that license until allowed under the Civil Administrative Code of Illinois.
(d) A license that has been suspended or revoked shall be considered nonrenewed for purposes of restoration under this Section and a licensee restoring his or her license from suspension or revocation must comply with the requirements for renewal as set forth in this Act and its rules.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/17.8)
(Section scheduled to be repealed on January 1, 2027)
Sec. 17.8. Surrender of license. Upon the revocation or
suspension of a
license, the licensee
shall immediately surrender his or her license to the
Department. If the
licensee fails to do so, the
Department has the right to seize the license.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/17.9)
(Section scheduled to be repealed on January 1, 2027)
Sec. 17.9. Summary suspension of a license. The Secretary
may summarily
suspend a license without a hearing if the Secretary finds that evidence in
the
Secretary's possession
indicates that the continuation of practice would constitute an imminent
danger to the public, participants, including any professional contest officials, or the
individual involved or cause harm to the profession. If the Secretary summarily suspends the
license
without a hearing, a hearing must be commenced within 30 days after the
suspension has occurred
and concluded as expeditiously as practical.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/17.10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 17.10. Administrative review; venue.
(a) All final administrative decisions of the Department are subject to
judicial review under the
Administrative Review Law and its rules. The term "administrative decision" is
defined as in Section
3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in the circuit court
of the county in
which the party applying for relief resides, but if the party is not a resident
of Illinois, the venue shall
be in Sangamon County.
(c) The Department shall not be required to certify any
record to the court or file any answer in court or otherwise
appear in any court in a judicial review proceeding, unless
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. Failure on
the part of the plaintiff to file a receipt in court shall be
grounds for dismissal of the action.
(Source: P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/17.11)
Sec. 17.11.
(Repealed).
(Source: P.A. 91-408, eff. 1-1-00. Repealed by P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/17.12)
Sec. 17.12.
(Repealed).
(Source: P.A. 91-408, eff. 1-1-00. Repealed by P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/18) (from Ch. 111, par. 5018)
(Section scheduled to be repealed on January 1, 2027)
Sec. 18. Investigations; notice and hearing.
(a) The Department may investigate the actions of any applicant or of any person or entity holding or claiming to hold a license under this Act.
(b) The Department shall, before disciplining an applicant or licensee, at least 30 days prior to the date set for the hearing: (i) notify, in writing, the accused 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 service of the notice; and (iii) inform the applicant or licensee that failure to file an answer will result in a default being entered against the applicant or licensee.
(c) Written or electronic notice, and any notice in the subsequent proceedings, may be served by personal delivery, by email, or by mail to the applicant or licensee at his or her address of record or email address of record.
(d) At the time and place fixed in the notice, the hearing officer appointed by the Secretary shall proceed to hear the charges, and the parties or their counsel shall be accorded ample opportunity to present any statement, testimony, evidence, and argument as may be pertinent to the charges or to their defense. The hearing officer may continue the hearing from time to time.
(e) If the licensee or applicant, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Secretary, be suspended, revoked, or placed on probationary status or be subject to whatever disciplinary action the Secretary considers proper, including limiting the scope, nature, or extent of the person's practice or imposition of a fine, without hearing, if the act or acts charged constitute sufficient grounds for the action under this Act.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/19) (from Ch. 111, par. 5019)
(Section scheduled to be repealed on January 1, 2027)
Sec. 19. Hearing; motion for rehearing.
(a) The hearing officer appointed by the Secretary shall hear evidence in support of the formal charges and evidence produced by the applicant or licensee. At the conclusion of the hearing, the hearing officer shall present to the Secretary a written report of his or her findings of fact, conclusions of law, and recommendations.
(b) A copy of the hearing officer's report shall be served upon the applicant or licensee, either personally or as provided in this Act for the service of the notice of hearing. Within 20 calendar days after such service, the applicant or licensee may present to the Department a motion, in writing, for a rehearing that 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 upon denial of a motion for rehearing, the Secretary may enter an order in accordance with the recommendations of the 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 calendar day period within which a motion may be filed shall commence upon delivery of the transcript to the applicant or licensee.
(c) If the Secretary disagrees in any regard with the report of the hearing officer, the Secretary may issue an order contrary to the report.
(d) Whenever the Secretary is not satisfied that substantial justice has been done, the Secretary may order a hearing by the same or another hearing officer.
(e) At any point in any investigation or disciplinary proceeding provided for in this Act, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Secretary.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 19.1. Hearing officer. Notwithstanding any provision of this Act, the Secretary has the authority to appoint an attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue or renew a license or discipline a license. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings of fact, conclusions of law, and recommendations to the Secretary.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/19.2)
(Section scheduled to be repealed on January 1, 2027)
Sec. 19.2. Subpoenas; depositions; oaths. The Department has the power to
subpoena documents, books, records, or other
materials and to
bring before it any person and to take testimony either orally or by
deposition, or both, with the same
fees and mileage and in the same manner as prescribed in civil cases in the
courts of this State.
The Secretary, the designated hearing officer, and the Department have 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 administered by the Department.
(Source: P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/19.3)
(Section scheduled to be repealed on January 1, 2027)
Sec. 19.3.
Compelling testimony.
Any circuit court, upon application of
the Department,
designated hearing officer, or the applicant or licensee against
whom
proceedings under this Act are
pending, may enter an order requiring the attendance of witnesses and their
testimony and the
production of documents, papers, files, books, and records in connection with
any hearing or
investigation. The court may compel obedience to its order by proceedings for
contempt.
(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
(225 ILCS 105/19.4)
Sec. 19.4.
(Repealed).
(Source: P.A. 92-499, eff. 1-1-02. Repealed by P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/19.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 19.5. 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:
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/20) (from Ch. 111, par. 5020)
(Section scheduled to be repealed on January 1, 2027)
Sec. 20. Record of proceeding.
(a) The Department, at its expense, shall provide a certified shorthand reporter to take down the testimony and preserve a record of all proceedings at the hearing of any case in which a licensee may be revoked, suspended, placed on probationary status, reprimanded, fined, or subjected to other disciplinary action with reference to the license when a disciplinary action is authorized under this Act and rules. The notice of hearing, complaint, and all other documents in the nature of pleadings and written portions filed in the proceedings, the transcript of the testimony, the report of the hearing officer, and the orders of the Department shall be the record of the proceedings. The record may be made available to any person interested in the hearing upon payment of the fee required by Section 2105-115 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(b) The Department may contract for court reporting services, and, if it does so, the Department shall provide the name and contact information for the certified shorthand reporter who transcribed the testimony at a hearing to any person interested, who may obtain a copy of the transcript of any proceedings at a hearing upon payment of the fee specified by the certified shorthand reporter.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/21) (from Ch. 111, par. 5021)
(Section scheduled to be repealed on January 1, 2027)
Sec. 21. Injunctive action; cease and desist order.
(a) If a person violates the provisions of this Act, the Secretary, in the
name of the People of
the State of Illinois, through the Attorney General or the State's Attorney of
the county in which the
violation is alleged to have occurred, may petition for an order enjoining the
violation or for an order
enforcing compliance with this Act. Upon the filing of a verified petition, the
court with appropriate
jurisdiction may issue a temporary restraining order, without notice or bond,
and may preliminarily
and permanently enjoin the violation. If it is established that the person has
violated or is violating the
injunction, the court may punish the offender for contempt of court.
Proceedings under this Section
are in addition to, and not in lieu of, all other remedies and penalties
provided by this Act.
(b) Whenever, in the opinion of the Department, a 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 that person. The rule shall clearly set forth the grounds relied upon
by the Department and
shall allow at least 7 days from the date of the rule to file an answer
satisfactory to the Department.
Failure to answer to the satisfaction of the Department shall cause an order to
cease and desist to be
issued.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/22) (from Ch. 111, par. 5022)
(Section scheduled to be repealed on January 1, 2027)
Sec. 22.
The expiration date and renewal period for each license
issued under this Act shall be set by rule. The holder of a license
may renew such license during the month preceding the expiration date
thereof by paying the required fee and meeting additional requirements as determined by rule.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/23) (from Ch. 111, par. 5023)
(Section scheduled to be repealed on January 1, 2027)
Sec. 23. Fees.
(a) The fees for the administration and enforcement of
this Act including, but not limited to, original licensure, renewal, and
restoration shall be set by rule. The fees shall not be refundable. All
of the fees, taxes, and fines collected under
this Act shall be deposited into the General Professions Dedicated Fund.
(b) Before January 1, 2023, there shall be no fees for amateur full-contact martial arts events; except that until January 1, 2023, the applicant fees for promoters of amateur events where only amateur bouts are held shall be $300.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 23.1. Returned checks; fines. 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 deny the
application, without hearing. If, after termination or denial, the person
seeks a license, he or she shall apply to the Department for restoration or
issuance of the license 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 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. 102-20, eff. 1-1-22.)
(225 ILCS 105/24) (from Ch. 111, par. 5024)
(Section scheduled to be repealed on January 1, 2027)
Sec. 24. Unlicensed practice; violations; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or holds himself or herself out as being able to engage in practices requiring a license under this Act without being licensed or exempt under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense, as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provision set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
(b) The Department may investigate any actual, alleged, or suspected unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and executed thereon in the same manner as any judgment from any court of record.
(d) A person or entity not licensed under this Act who has violated any provision of this Act or its rules is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for a second and subsequent offenses.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/24.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 24.5. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose such information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/25)
Sec. 25. (Repealed).
(Source: P.A. 82-522. Repealed by P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/25.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25.1. Medical suspension.
(a) A licensee who is determined by the
examining
physician or Department to
be unfit to compete or officiate shall be prohibited from participating in a contest in Illinois and, if actively licensed, shall be medically suspended until it is
shown that he or she is fit for
further competition or officiating.
(b) If the referee has stopped the bout or rendered a decision of technical knockout against a professional or amateur, the professional or amateur
shall be medically
suspended immediately for a period of not less than 30 days.
(c) In a full-contact martial arts contest, if the professional or amateur has tapped out, has submitted, or the referee has stopped the bout, the ringside physician shall determine the length of suspension.
(d) If the professional or amateur has been knocked unconscious, he or
she shall be medically
suspended immediately for a period of not less than 45 days.
(e) A licensee may receive a medical suspension for any injury sustained as a result of a bout that shall not be less than 7 days.
(f) A licensee may receive additional terms and conditions for a medical suspension beyond a prescribed passage of time as authorized under this Section.
(g) If a licensee receives a medical suspension that includes terms and conditions in addition to the prescribed passage of time as authorized under this Section, before the removal of the medical suspension, a licensee shall:
(h) Any medical suspension imposed as authorized under this Act against a licensee shall be reported to the Department's record keeper as determined by rule.
(i) A medical suspension as authorized under this Section shall not be considered a suspension under Section 16 of this Act. A violation of the terms of a medical suspension authorized under this Section shall subject a licensee to discipline under Section 16 of this Act.
(j) A professional or amateur contestant who has been placed on medical suspension under the laws of another state, the District of Columbia, or a territory of the United States for substantially similar reasons as this Section shall be prohibited from participating in a contest as authorized under this Act until the requirements of subsection (g) of this Section have been met or the medical suspension has been removed by that jurisdiction.
(k) A medical suspension authorized under this Section shall begin the day after the bout a licensee participated in.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/26) (from Ch. 111, par. 5026)
(Section scheduled to be repealed on January 1, 2027)
Sec. 26. Home rule pre-emption. It is declared to be the public policy
of this State, pursuant to subsection (h) of
Section 6 of Article VII of the Illinois Constitution of 1970, that any power
or function set forth in this Act to be exercised by the State is an exclusive State power or
function. Such power or function shall not be exercised concurrently, either
directly or indirectly, by any unit of local government, including home rule
units, except as otherwise provided in this Act.
(Source: P.A. 95-593, eff. 6-1-08.)
Structure Illinois Compiled Statutes
Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
225 ILCS 2/ - Acupuncture Practice Act.
225 ILCS 5/ - Illinois Athletic Trainers Practice Act.
225 ILCS 6/ - Behavior Analyst Licensing Act.
225 ILCS 7/ - Board and Care Home Act.
225 ILCS 10/ - Child Care Act of 1969.
225 ILCS 15/ - Clinical Psychologist Licensing Act.
225 ILCS 20/ - Clinical Social Work and Social Work Practice Act.
225 ILCS 25/ - Illinois Dental Practice Act.
225 ILCS 30/ - Dietitian Nutritionist Practice Act.
225 ILCS 35/ - Embalming Fluid Act.
225 ILCS 37/ - Environmental Health Practitioner Licensing Act.
225 ILCS 41/ - Funeral Directors and Embalmers Licensing Code.
225 ILCS 45/ - Illinois Funeral or Burial Funds Act.
225 ILCS 46/ - Health Care Worker Background Check Act.
225 ILCS 47/ - Health Care Worker Self-Referral Act.
225 ILCS 50/ - Hearing Instrument Consumer Protection Act.
225 ILCS 51/ - Home Medical Equipment and Services Provider License Act.
225 ILCS 53/ - Task Force on Internationally-Licensed Health Care Professionals Act.
225 ILCS 55/ - Marriage and Family Therapy Licensing Act.
225 ILCS 56/ - Music Therapy Licensing and Practice Act.
225 ILCS 57/ - Massage Licensing Act.
225 ILCS 60/ - Medical Practice Act of 1987.
225 ILCS 61/ - Patients' Right to Know Act.
225 ILCS 62/ - Osteopathic and Allopathic Healthcare Discrimination Act.
225 ILCS 63/ - Naprapathic Practice Act.
225 ILCS 64/ - Licensed Certified Professional Midwife Practice Act.
225 ILCS 65/ - Nurse Practice Act.
225 ILCS 70/ - Nursing Home Administrators Licensing and Disciplinary Act.
225 ILCS 75/ - Illinois Occupational Therapy Practice Act.
225 ILCS 80/ - Illinois Optometric Practice Act of 1987.
225 ILCS 83/ - Mail Order Contact Lens Act.
225 ILCS 84/ - Orthotics, Prosthetics, and Pedorthics Practice Act.
225 ILCS 85/ - Pharmacy Practice Act.
225 ILCS 90/ - Illinois Physical Therapy Act.
225 ILCS 95/ - Physician Assistant Practice Act of 1987.
225 ILCS 100/ - Podiatric Medical Practice Act of 1987.
225 ILCS 105/ - Boxing and Full-contact Martial Arts Act.
225 ILCS 106/ - Respiratory Care Practice Act.
225 ILCS 109/ - Sex Offender Evaluation and Treatment Provider Act.
225 ILCS 110/ - Illinois Speech-Language Pathology and Audiology Practice Act.
225 ILCS 115/ - Veterinary Medicine and Surgery Practice Act of 2004.
225 ILCS 120/ - Wholesale Drug Distribution Licensing Act.
225 ILCS 125/ - Perfusionist Practice Act.
225 ILCS 135/ - Genetic Counselor Licensing Act.
225 ILCS 140/ - Uniform Emergency Volunteer Health Practitioners Act.
225 ILCS 145/ - Truth in Health Care Professional Services Act.
225 ILCS 150/ - Telehealth Act.
225 ILCS 203/ - Boiler and Pressure Vessel Repairer Regulation Act.
225 ILCS 205/ - Carnival Regulation Act.
225 ILCS 207/ - Commercial and Public Building Asbestos Abatement Act.
225 ILCS 210/ - Illinois Explosives Act.
225 ILCS 217/ - Fire Equipment Distributor and Employee Regulation Act of 2011.
225 ILCS 225/ - Private Sewage Disposal Licensing Act.
225 ILCS 227/ - Pyrotechnic Distributor and Operator Licensing Act.
225 ILCS 230/ - Solid Waste Site Operator Certification Law.
225 ILCS 235/ - Structural Pest Control Act.
225 ILCS 305/ - Illinois Architecture Practice Act of 1989.
225 ILCS 310/ - Registered Interior Designers Act.
225 ILCS 312/ - Elevator Safety and Regulation Act.
225 ILCS 316/ - Landscape Architecture Registration Act.
225 ILCS 317/ - Fire Sprinkler Contractor Licensing Act.
225 ILCS 320/ - Illinois Plumbing License Law.
225 ILCS 325/ - Professional Engineering Practice Act of 1989.
225 ILCS 330/ - Illinois Professional Land Surveyor Act of 1989.
225 ILCS 335/ - Illinois Roofing Industry Licensing Act.
225 ILCS 340/ - Structural Engineering Practice Act of 1989.
225 ILCS 345/ - Water Well and Pump Installation Contractor's License Act.
225 ILCS 405/ - Art Auction House Act.
225 ILCS 407/ - Auction License Act.
225 ILCS 410/ - Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985.
225 ILCS 411/ - Cemetery Oversight Act.
225 ILCS 412/ - Electrologist Licensing Act.
225 ILCS 415/ - Illinois Certified Shorthand Reporters Act of 1984.
225 ILCS 422/ - Collateral Recovery Act.
225 ILCS 427/ - Community Association Manager Licensing and Disciplinary Act.
225 ILCS 429/ - Debt Settlement Consumer Protection Act.
225 ILCS 430/ - Detection of Deception Examiners Act.
225 ILCS 440/ - Highway Advertising Control Act of 1971.
225 ILCS 441/ - Home Inspector License Act.
225 ILCS 443/ - Interpreter for the Deaf Licensure Act of 2007.
225 ILCS 450/ - Illinois Public Accounting Act.
225 ILCS 454/ - Real Estate License Act of 2000.
225 ILCS 458/ - Real Estate Appraiser Licensing Act of 2002.
225 ILCS 459/ - Appraisal Management Company Registration Act.
225 ILCS 460/ - Solicitation for Charity Act.
225 ILCS 465/ - Transient Merchant Act of 1987.
225 ILCS 470/ - Weights and Measures Act.
225 ILCS 510/ - Nurse Agency Licensing Act.
225 ILCS 515/ - Private Employment Agency Act.
225 ILCS 605/ - Animal Welfare Act.
225 ILCS 610/ - Animal Mortality Act.
225 ILCS 620/ - Illinois Feeder Swine Dealer Licensing Act.
225 ILCS 635/ - Illinois Horse Meat Act.
225 ILCS 640/ - Livestock Auction Market Law.
225 ILCS 645/ - Illinois Livestock Dealer Licensing Act.
225 ILCS 650/ - Meat and Poultry Inspection Act.
225 ILCS 655/ - Slaughter Livestock Buyers Act.
225 ILCS 705/ - Coal Mining Act.
225 ILCS 710/ - Fluorspar Mines Act.
225 ILCS 715/ - Surface-Mined Land Conservation and Reclamation Act.
225 ILCS 720/ - Surface Coal Mining Land Conservation and Reclamation Act.
225 ILCS 725/ - Illinois Oil and Gas Act.
225 ILCS 728/ - Illinois Petroleum Education and Marketing Act.
225 ILCS 729/ - Petroleum Equipment Contractors Licensing Act.
225 ILCS 730/ - Well Abandonment Act.
225 ILCS 732/ - Hydraulic Fracturing Regulatory Act.
225 ILCS 735/ - Timber Buyers Licensing Act.