Illinois Compiled Statutes
Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
225 ILCS 415/ - Illinois Certified Shorthand Reporters Act of 1984.

(225 ILCS 415/1) (from Ch. 111, par. 6201)
(Section scheduled to be repealed on January 1, 2024)
Sec. 1.

The practice of shorthand reporting in the State of Illinois
is hereby declared to affect the public health, safety and welfare and to
be subject to regulation and control in the public interest. This Act
is designed to encourage proficiency in the practice of shorthand
reporting as a profession; to promote efficiency in court and general
reporting; and to extend to the public the protection afforded by a
standardized profession by establishing a standard of competency for
certified shorthand reporters. It is further declared that, in order for
the practice of shorthand reporting as defined in this Act to merit and
receive the confidence of the public, only qualified persons shall be
authorized to practice shorthand reporting in the State of Illinois. This
Act shall be liberally construed to best carry out these subjects and purposes.

(Source: P.A. 83-73.)
 
(225 ILCS 415/2) (from Ch. 111, par. 6202)
(Section scheduled to be repealed on January 1, 2024)
Sec. 2.

This Act may be cited as the Illinois Certified
Shorthand Reporters Act of 1984.

(Source: P.A. 87-481.)
 
(225 ILCS 415/3) (from Ch. 111, par. 6203)
(Section scheduled to be repealed on January 1, 2024)
Sec. 3. License required. No person may practice shorthand reporting on a temporary or
permanent basis in this State without being certified under this Act.
This Act does not prohibit any non-resident practicing shorthand
reporter from practicing shorthand reporting in this State as to one single proceeding.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/3.5)
(Section scheduled to be repealed on January 1, 2024)
Sec. 3.5. Uncertified practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice as a shorthand reporter without being certified
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 and the assessment of costs as provided under Section 23.3 of this Act. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to investigate any and all
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 execution had thereon in the same manner as any judgment
from any court of record.
(d) All moneys collected under this Section shall be deposited into the General Professions Dedicated Fund.
(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/4) (from Ch. 111, par. 6204)
(Section scheduled to be repealed on January 1, 2024)
Sec. 4. In this Act:
(1) "Department" means the Department of Financial and Professional Regulation.
(2) "Secretary" means the Secretary of Financial and Professional Regulation.
(3) "Board" means the Certified Shorthand Reporters Board appointed by the
Secretary.
(4) "The practice of shorthand reporting" means reporting, by the use
of any system of manual or mechanical shorthand writing, of Grand Jury
proceedings, court proceedings, court related proceedings, pretrial
examinations, depositions, motions and related proceedings of like
character, or proceedings of an administrative agency when the final
decision of the agency with reference thereto is likely to be subject
to judicial review under the provisions of the Administrative Review Law.
(5) "Shorthand reporter" means a person who is technically qualified and
certified under this Act to practice shorthand reporting.
(6) "Stenographic notes" means the original notes by manual or mechanical
shorthand or shorthand writing taken by a shorthand reporter of a proceeding
while in attendance at such proceeding for the purpose of reporting the same.
(7) "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address and those changes must be made either through the Department's Internet website or by contacting the Department.
(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/5) (from Ch. 111, par. 6205)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5.
Title.
Every person to whom a valid existing certificate as a
certified shorthand reporter has been issued under this Act shall
be designated as a Certified Shorthand Reporter and not otherwise,
and any such certified shorthand reporter may, in connection with
his or her practice of shorthand reporting, use the abbreviation "C.S.R."
or the title "Court Reporter".
No person other than the holder of a valid existing certificate
under this Act shall use the title or designation of "Certified
Shorthand Reporter", "Court Reporter", or "C.S.R.", either directly or
indirectly
in connection with his or her profession or business.

(Source: P.A. 90-49, eff. 7-3-97.)
 
(225 ILCS 415/6) (from Ch. 111, par. 6206)
(Section scheduled to be repealed on January 1, 2024)
Sec. 6. Restricted certificate. Upon receipt of a written request from the Chief Judge of the reporter's circuit,
the Department shall, upon payment of the required fee, issue to any
reporter who has been appointed in counties of less than 1,000,000 in
population, has been examined under the Court Reporters Act, and has achieved an "A" proficiency rating, a restricted certificate by which
such official court reporter may then lawfully engage in reporting only court
proceedings to which he may be assigned by the Chief Judge of his circuit.


(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/7) (from Ch. 111, par. 6207)
(Section scheduled to be repealed on January 1, 2024)
Sec. 7. Administration of Act.
(a) The Department shall exercise the powers and duties prescribed
by The Civil Administrative Code of Illinois for the administration of
licensing
Acts and shall exercise such other powers and duties necessary
for effectuating the purposes of this Act.
(b) The Secretary may promulgate rules consistent with the provisions of
this Act for the administration and enforcement thereof, and for the payment
of fees connected therewith, and may prescribe forms which shall be issued
in connection therewith. The rules may include standards and criteria
for licensure and professional conduct and discipline. The Department may
consult with the Board in promulgating rules.
(c) The Department may at any time seek the advice and the expert knowledge
of the Board on any matter relating to the administration of this Act.
(d) (Blank).

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/8) (from Ch. 111, par. 6208)
(Section scheduled to be repealed on January 1, 2024)
Sec. 8. Certified Shorthand Reporters Board. The Secretary shall appoint a Certified Shorthand Reporters Board
as follows: 7 persons who shall be appointed by and shall serve in
an advisory capacity to the Secretary. Six members must be certified shorthand
reporters, in good standing, and actively engaged in the practice of shorthand
reporting in this State for ten years, and one member must be a member of
the public who is not certified under this Act, or a similar Act of another
jurisdiction.
Members shall serve 4 year terms and until their successors are appointed
and qualified. No member shall be
reappointed to the Board for a term that would cause his continuous
service on the Board to be longer than 2 full consecutive terms.
Appointments to fill vacancies
shall be made in the same manner as original appointments, for the unexpired
portion of the vacated term.
In making appointments to the Board,
the Secretary shall give consideration to recommendations by national and
State organizations of the shorthand reporter profession.
Four members of the Board shall constitute a quorum. A quorum is required for all Board decisions.
The Secretary may remove or suspend any member of the Board for cause at any time before the expiration of his or her term. The Secretary shall be the sole arbiter of cause.
The Secretary shall consider the recommendations of the Board on questions
involving standards of professional conduct, discipline and qualifications
of candidates and certificate holders under this Act.
Members of the Board shall be reimbursed for all legitimate, necessary, and authorized expenses incurred in attending the meetings of the Board.
Members of the Board have no liability in any action based upon any disciplinary proceedings or other activity performed in good faith as members of the Board.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/9) (from Ch. 111, par. 6209)
(Section scheduled to be repealed on January 1, 2024)
Sec. 9. Qualifications. Applications for original certificates shall be made to the
Department
in writing on forms prescribed by the Department and shall be accompanied
by the required fee, which shall not be returnable. Any such application
shall require such information as in the judgment of the Department
will enable the Department to pass on the qualifications of the applicant
for certification.
In determining competency, the Department shall require proof that the
applicant has a good understanding of the English language, including reading,
spelling and vocabulary, and that the applicant has sufficient ability to
accurately report any of the matters comprising the practice of shorthand
reporting as herein defined, by the use of any system of manual or mechanical
shorthand or shorthand writing, and a clear understanding of obligations
between a shorthand reporter and the parties to any proceedings reported,
as well as the provisions of this Act.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/10) (from Ch. 111, par. 6210)
(Section scheduled to be repealed on January 1, 2024)
Sec. 10.
The Department shall authorize examinations at such time and place as it may designate. The examination shall be
of a character to give a fair test of the qualifications of the applicant
to practice shorthand reporting.
Applicants for examination as certified shorthand reporters shall be required
to pay, either to the Department or the designated testing service, a fee
covering the cost of providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place specified, after
the applicant's application for examination has been received and acknowledged
by the Department or the designated testing service, shall result in the
forfeiture of the examination fee.
If an applicant neglects, fails or refuses to take the next available
examination offered or fails to pass an examination for certification
under this Act, the application shall be denied. If an applicant for
examination for certification under this Act fails to pass the examination
within 3 years after filing his application, the application shall be
denied. However, such applicant may thereafter make a new application
accompanied by the required fee.
The Department may employ consultants for the purpose of preparing and
conducting examinations.
An applicant has one year from the date of notification of
successful completion of the examination to apply to the Department for a
license. If an applicant fails to apply within one year, the applicant shall
be required to take and pass the examination again unless licensed in
another jurisdiction of the United States within one year of passing the
examination.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/11) (from Ch. 111, par. 6211)
(Section scheduled to be repealed on January 1, 2024)
Sec. 11. Qualifications; application. A person shall be qualified for certification as a certified
shorthand reporter if:
A. That person has applied in writing in form and substance to the
Department; and
B. That person has successfully completed the examination authorized by
the Department.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/12)
Sec. 12. (Repealed).


(Source: P.A. 83-73. Repealed by P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/12.1)
(Section scheduled to be repealed on January 1, 2024)
Sec. 12.1. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original license under this Act shall include the applicant's Social Security Number, which shall be retained in the Department's records pertaining to the license. As soon as practicable, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewal or restored license shall require the applicant's customer identification number.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/13) (from Ch. 111, par. 6213)
(Section scheduled to be repealed on January 1, 2024)
Sec. 13.

No action or suit shall be instituted, nor recovery therein be
had, in any court of this State by any person for compensation for any
act done or service rendered, the doing or rendering of which is prohibited
under the provisions of this Act to other than certified shorthand reporters.

(Source: P.A. 83-73.)
 
(225 ILCS 415/14) (from Ch. 111, par. 6214)
(Section scheduled to be repealed on January 1, 2024)
Sec. 14. Expiration, renewal, and military service. The expiration date and renewal period for each certificate issued
under this Act shall be set by rule.
Any certified shorthand reporter who has permitted his certificate to expire
or who has had his certificate on inactive status may have his certificate
restored by making application to the Department, filing proof acceptable
to the Department of his fitness to have his certificate restored and
paying the required restoration fee. The Department may consider a
certificate expired less than 5 years as prima facie evidence that the
applicant is fit. If a certificate has expired or has been placed on
inactive status and the applicant has practiced in another jurisdiction
during such period, satisfactory proof of fitness may include
sworn evidence certifying to active practice in another jurisdiction.
If the certified shorthand reporter has not maintained an active practice
in another jurisdiction satisfactory to the Department, the Department shall
determine, by an evaluation program established by rule, his fitness to
resume active status and shall, by rule, establish procedures and requirements for restoration.
However, any certified shorthand reporter whose certificate expired while
he was (1) in Federal Service on active duty with the Armed Forces of the
United States, or the State Militia called into service or training, or
(2) in training or education under the supervision of the United States
preliminary to induction into the military service, may have his certificate
renewed or restored without paying any lapsed renewal fees if within 2 years
after termination of such service, training or education except under
conditions other than honorable, he furnished the Department with
satisfactory evidence to the effect that he has been so engaged and that
his service, training or education has been so terminated.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/15) (from Ch. 111, par. 6215)
(Section scheduled to be repealed on January 1, 2024)
Sec. 15. Inactive status. Any certified shorthand reporter who notifies the Department
in writing on forms prescribed by the Department, may elect to place his
certificate on an inactive status and shall, subject to rules of the
Department,
be excused from payment of renewal fees until he notifies the Department
in writing of his desire to resume active status.
Any certified shorthand reporter requesting restoration from inactive status
shall be required to pay the current renewal fee and shall be required to
restore his certificate, as provided in Section 14.
Any certified shorthand reporter whose certificate is in an inactive status
shall not practice shorthand reporting in the State of Illinois.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/16) (from Ch. 111, par. 6216)
(Section scheduled to be repealed on January 1, 2024)
Sec. 16. Endorsement; licensure without examination. The Department may certify as a certified
shorthand reporter, without examination, on payment of the required fee,
an applicant who is a certified shorthand reporter registered under the
laws of another jurisdiction, if the requirements for certification of
certified shorthand reporters in that jurisdiction were, at the date of his
certification, substantially equivalent to the requirements in force in
this State on that date.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 3
years, the application shall be denied, the fee forfeited and the
applicant must reapply and meet the requirements in effect at the time
of reapplication.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/17) (from Ch. 111, par. 6217)
(Section scheduled to be repealed on January 1, 2024)
Sec. 17. Fees; returned checks.
(a) The
fees for the administration and enforcement of this Act,
including but not limited to, original certification, renewal and
restoration of a license issued under this Act, shall be set by rule. The fees shall be nonrefundable.
(b) All fees, fines, and penalties collected under this
Act shall be deposited into the General Professions Dedicated Fund and shall be appropriated to the Department for the ordinary and contingent expenses of the Department in the administration of this Act.
(c) 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 prohibiting unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license or
certificate to pay all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases where the
Secretary finds that the fines would be unreasonable or unnecessarily
burdensome.


(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/18) (from Ch. 111, par. 6218)
(Section scheduled to be repealed on January 1, 2024)
Sec. 18. Roster. The Department shall maintain a roster of the names and addresses
of all certificate holders and of all persons whose certificates have been
suspended, revoked or placed on inactive or nonrenewed status within the
previous year. This
roster shall be available upon written request and payment of the required fee.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/19) (from Ch. 111, par. 6219)
(Section scheduled to be repealed on January 1, 2024)
Sec. 19. Advertising. Any person certified under this Act may advertise the availability
of professional services in the public media or on the premises where such
professional services are rendered as permitted by law, on the condition
that such advertising is truthful and not misleading and is in conformity
with rules promulgated by the Department. Advertisements shall not include false, fraudulent, deceptive, or misleading material or guarantees of success. Advertisements shall also not include any offers of any gift or item of value to attorneys or their staff or any other persons or entities associated with any litigation.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/20) (from Ch. 111, par. 6220)
(Section scheduled to be repealed on January 1, 2024)
Sec. 20. Professional service corporations. Nothing in this Act shall restrict certificate holders from forming
professional service corporations under the provisions of the Professional
Service Corporation Act.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/21) (from Ch. 111, par. 6221)
(Section scheduled to be repealed on January 1, 2024)
Sec. 21.

Any person who is the holder of an individual certificate as
a certified shorthand reporter heretofore issued under any prior Act,
registering
certified shorthand reporters in this State and valid on the effective date
of this Act, shall be deemed to be certified under this Act and shall be
subject to the same rights and obligations as persons originally certified
under this Act.

(Source: P.A. 83-73.)
 
(225 ILCS 415/22) (from Ch. 111, par. 6222)
(Section scheduled to be repealed on January 1, 2024)
Sec. 22.

No proceedings to revoke or suspend any license shall abate
by reason of the passage of this Act. The Department may revoke or suspend
a certificate on account of any act or circumstance occurring before this
Act shall take effect, if such act or circumstance is a ground for revocation
or suspension under the provisions of the law in effect at the time of such
act or circumstance, and such act or circumstance if it occurred after this
Act shall take effect would be a ground for revocation or suspension under
Section 23 of this Act.

(Source: P.A. 83-73.)
 
(225 ILCS 415/23) (from Ch. 111, par. 6223)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may revoke,
suspend, place on probation, reprimand or take other disciplinary
or non-disciplinary action as the Department may deem appropriate, including imposing fines not to
exceed $10,000 for each violation and the assessment of costs as provided for in Section 23.3 of this Act, with regard to any license for any one
or combination of the following:
All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine.
(b) The determination by a circuit court that a certificate holder is
subject to involuntary admission or judicial admission as provided in the
Mental Health and Developmental Disabilities Code, operates as an automatic
suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to involuntary
admission or judicial admission, an order by the court so finding and
discharging the patient. In any case where a license is suspended under this Section, the licensee may file a petition for restoration and shall include evidence acceptable to the Department that the licensee can resume practice in compliance with acceptable and prevailing standards of the profession.
(c) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Civil Administrative Code of Illinois.
(d) In enforcing this Section, the Department, upon a showing of a possible violation, may compel any individual who is certified under this Act or any individual who has applied for certification under this Act to submit to a mental or physical examination and evaluation, or both, which may include a substance abuse or sexual offender evaluation, at the expense of the Department. The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination and evaluation, or both. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed chiropractic physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination and evaluation pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing.
The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed. The Department may order the examining physician or any member of the multidisciplinary team to present testimony concerning this examination and evaluation of the certified shorthand reporter or applicant, including testimony concerning any supplemental testing or documents relating to the examination and evaluation. No information, report, record, or other documents in any way related to the examination and evaluation shall be excluded by reason of any common law or statutory privilege relating to communication between the licensee or applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the certified shorthand reporter or applicant ordered to undergo an evaluation and examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation. 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 mental or physical examination and evaluation, or both, when directed, shall result in an automatic suspension, without hearing, until such time as the individual submits to the examination. If the Department finds a certified shorthand reporter unable to practice because of the reasons set forth in this Section, the Department shall require the certified shorthand reporter to submit to care, counseling, or treatment by physicians approved or designated by the Department, as a condition for continued, reinstated, or renewed certification.
When the Secretary immediately suspends a certificate under this Section, a hearing upon the person's certificate must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the certified shorthand reporter's record of treatment and counseling regarding the impairment, to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
Individuals certified under this Act, affected under this Section, shall be afforded an opportunity to demonstrate to the Department that they can resume practice in compliance with acceptable and prevailing standards under the provisions of their certification.
(e) (Blank).
(f) The Department may refuse to issue or may suspend without hearing, as provided for in the Code of Civil Procedure, the license of any person who fails to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.
(Source: P.A. 100-872, eff. 8-14-18.)
 
(225 ILCS 415/23.1) (from Ch. 111, par. 6224)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.1. Injunctive actions; order to cease and desist.
(a) If any person violates the provisions of this Act,
the Secretary may, in the name of the People of the State of Illinois, through
the Attorney General of the State of Illinois or the State's Attorney of the county in which the violation is alleged to have occurred, petition for an order enjoining
such violation or for an order enforcing compliance with this Act. Upon the
filing of a verified petition in such court, the court may issue a temporary
restraining order, without notice or bond, and may preliminarily and
permanently
enjoin such violation. If it is established that such person has violated
or is violating the injunction, the court may punish the offender for contempt
of court. Proceedings under this Section shall be in addition to, and not
in lieu of, all other remedies and penalties provided by this Act.
(b) If any person practices as a certified shorthand reporter or holds
himself or herself out as a certified shorthand reporter without being licensed
under the provisions of this Act then any certified shorthand reporter,
any interested party or any person injured thereby may, in addition to the
Secretary, petition for relief as provided in subsection (a).
(c) Whenever in the opinion of the Department any person violates any
provision of this Act, the Department may issue a rule to show cause why
an order to cease and desist should not be entered against that individual. 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
forthwith.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.2) (from Ch. 111, par. 6225)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.2. Investigations; notice and hearing. The Department may investigate
the actions of any applicant or of any person or persons holding or claiming to
hold a certificate. The Department shall, before refusing to issue or renew, or
taking disciplinary action against, a certificate, at least 30 days prior to
the date set for the hearing, notify in writing the applicant for, or holder
of, a certificate of the nature of the charges and the time and place for a hearing
on the charges. The Department shall direct the applicant or licensee
to file a written answer to the charges with the Board under oath within 20 days after the
service of the notice and inform the applicant or licensee that failure to file
an answer will result in default being taken against the applicant or licensee. At the time and place fixed in the notice, the 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 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 Department, be revoked, suspended, or placed on probationary status or the Department may take whatever disciplinary action considered 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 Act. The written notice and any notice in the subsequent proceeding may be served by registered or certified mail to the licensee's address of record.


(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.2a)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.2a. 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 the 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. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)
 
(225 ILCS 415/23.3) (from Ch. 111, par. 6226)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.3. Records of proceedings. The Department, at its expense, shall preserve a record
of all 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 and orders of the Department, shall be the record of such
proceeding. Any certified shorthand reporter who is found to have violated this Act or who fails to appear for a hearing to refuse to issue, restore, or renew a license or to discipline a licensee may be required by the Department to pay for the costs of the proceeding. These costs are limited to costs for court reporters, transcripts, and witness attendance and mileage fees. All costs imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.4) (from Ch. 111, par. 6227)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.4. Subpoenas; oaths. The Department may subpoena and bring
before it any person and 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 an investigation or hearing conducted by the Department with the same fees and mileage and in the same manner
as prescribed by law in judicial procedure in civil cases in courts of this
State.
The Secretary, the designated hearing officer, any member of the Board, or a certified shorthand court reporter may have power to administer oaths at any hearing which the
Department conducts. Notwithstanding any other statute or Department rule to the contrary, all requests for testimony and production of documents or records shall be in accordance with this Act.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.5) (from Ch. 111, par. 6228)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.5. Compelling testimony; contempt. Any circuit court, upon application of the Department
or certificate holder, may order the attendance and testimony of
witnesses and the production of relevant 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. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.6) (from Ch. 111, par. 6229)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.6. Board report. At the conclusion of the hearing the Board shall present
to the Secretary a written report of its findings of fact, conclusions of
law and recommendations. The report shall contain a finding whether or
not the accused person violated this Act or failed to comply with the
conditions
required in this Act. The Board shall specify the nature of the violation
or failure to comply, and shall make its recommendations to the Secretary.
The report of findings of fact, conclusions of law and recommendations of
the Board shall be the basis for the Department's action regarding
a certificate. If the Secretary disagrees in any regard with the report
of the Board he may issue an order in contravention thereof. The finding is not admissible in evidence against the person
in a criminal prosecution brought for the violation of this Act, but the hearing and findings are not a bar to a criminal prosecution brought for the violation of this Act.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.7) (from Ch. 111, par. 6230)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.7. Motion for rehearing. In any hearing involving the refusal to issue or renew, or
the taking of disciplinary action against, a certificate, a copy of the
Board's report shall be served upon the respondent by the Department as
provided in this Act for the service of the notice of hearing. Within 20
days after such service, the respondent may present to the Department a
motion in writing for a rehearing, which motion shall specify the particular
grounds therefor. 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
such denial the Secretary may enter an order in accordance with recommendations
of the Board except as provided in Section 23.6. If the respondent shall
order from the reporting service, and pay for a transcript of the record
within the time for filing a motion for rehearing, the 20 day period within
which such a motion may be filed shall commence upon the delivery of the
transcript to the respondent.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.8) (from Ch. 111, par. 6231)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.8. Rehearing ordered by Secretary. Whenever the Secretary is satisfied that substantial justice
has not been done in the revocation, suspension of, or the refusal to
issue or renew a certificate, the Secretary may order a rehearing by the
Board or a designated hearing officer.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.9) (from Ch. 111, par. 6232)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.9. Hearing officers, reports, and review. The Secretary
shall have the authority to appoint any attorney duly licensed to practice
law in the State of Illinois to serve as the hearing officer in any action
involving a refusal to issue or renew, or the taking of disciplinary action
against a certificate.
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
Board and the Secretary. The Board shall have 60 days from receipt of the
report to review the report of the hearing officer and present their findings
of fact, conclusions of law and recommendations to the Secretary. If the
Board fails to present its report within the 60 day period, the Secretary may issue an order based on the report of the hearing officer. If the
Secretary disagrees with the report of the Board or hearing
officer, he may issue an order in contravention thereof.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.10) (from Ch. 111, par. 6233)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.10. Order or certified copy; prima facie proof. An order or a
certified copy thereof, over the seal of the Department and purporting to be
signed by the Secretary, shall be prima facie proof that:
(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.11) (from Ch. 111, par. 6234)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.11. Restoration of license from discipline. At any time after successful completion of a term of indefinite probation, suspension, or revocation of a license, the Department may restore the license to the licensee, unless, after an investigation and hearing, the Secretary determines that restoration is not in the public interest or that the licensee has not been sufficiently rehabilitated to warrant the public trust. No person or entity whose license, certificate, or authority has been revoked as authorized in this Act may apply for restoration of that license, certification, or authority until such time as provided for in the Civil Administrative Code of Illinois.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.12) (from Ch. 111, par. 6235)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.12. Surrender of license or certificate. Upon the revocation or suspension of any certificate, the
certificate
holder shall forthwith surrender the certificate or certificates to the
Department. If the certificate holder fails to do so, the Department shall
have the right to seize the certificate.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.13) (from Ch. 111, par. 6236)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.13. Summary suspension. The Secretary may summarily suspend the certificate of
a certified shorthand reporter without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in Section 23.2 of
this Act, if the Secretary finds that the evidence indicates
that a certified shorthand reporter's continuation in practice would constitute
an imminent danger to the public. In the event that the Secretary summarily
suspends
the certificate of a certified shorthand reporter without a hearing, a
hearing shall be commenced within 30 days after such suspension has
occurred and shall be concluded as expeditiously as possible.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.14) (from Ch. 111, par. 6237)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.14. Administrative Review Law. All final administrative decisions of the Department are
subject to judicial review pursuant to the provisions of the Administrative
Review Law and all rules adopted pursuant thereto. The term "administrative
decision" is defined in Section 3-101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for review resides, except that
if the party is not a resident of this State, the venue shall be Sangamon
County.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.15) (from Ch. 111, par. 6238)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.15. Certification of record; receipt. 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. Exhibits shall be certified without cost. Failure on the part of
the plaintiff to file a receipt in court shall be grounds for
dismissal
of the action.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/23.16) (from Ch. 111, par. 6239)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23.16. Penalties. Any person who is found to have violated any provision
of this Act is guilty of a Class A misdemeanor for the first offense. On conviction of a second
or subsequent offense the violator shall be guilty of a Class 4 felony. All criminal fines, moneys, or other property collected or received by the Department under this Section, or any other State or federal statute, shall be deposited into the General Professions Dedicated Fund.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/24) (from Ch. 111, par. 6240)
(Section scheduled to be repealed on January 1, 2024)
Sec. 24. 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, except that the provision
of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act
that provides that at hearings the certificate holder has the right to show
compliance with all lawful requirements for retention, continuation or renewal
of certification is specifically excluded. For the purpose 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.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/25) (from Ch. 111, par. 6241)
(Section scheduled to be repealed on January 1, 2024)
Sec. 25. Home rule. The regulation and licensing of a shorthand reporter are exclusive powers and functions of the State. A home rule unit may not regulate or license a shorthand reporter or the practice of shorthand reporting. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/26) (from Ch. 111, par. 6242)
(Section scheduled to be repealed on January 1, 2024)
Sec. 26.

Every shorthand reporter shall print his or her name
and license or restricted license number on each transcript reported.

(Source: P.A. 87-481; 87-576.)
 
(225 ILCS 415/26.1)
(Section scheduled to be repealed on January 1, 2024)
Sec. 26.1. Responsibility for notes. It is the licensee's responsibility to
preserve his or her shorthand notes for a period of no less than 10 years from the date that the notes or transcripts were taken, except as otherwise prescribed by law, through storage
of the original paper
notes or an electronic copy of either the shorthand notes or the English
transcript of the notes on computer disks, cassettes, backup tape systems,
optical or laser disk systems, or other retrieval systems available at the time that the notes or transcripts were taken.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/27) (from Ch. 111, par. 6243)
(Section scheduled to be repealed on January 1, 2024)
Sec. 27.
As a condition for renewal of a license, licensees shall be required to complete continuing education in accordance with rules established by the Department.
Persons employed as full time court reporters under the Court Reporters
Act may apply for a waiver from the continuing education requirements. The
waiver shall be granted upon the submission of evidence satisfactory to the
Department that the certified shorthand reporter is employed as a full time
court reporter under the Court Reporters Act.

(Source: P.A. 98-445, eff. 12-31-13.)
 
(225 ILCS 415/28)
(Section scheduled to be repealed on January 1, 2024)
Sec. 28.
Payment for services.
A person certified under this Act may hold an attorney, firm, or
any other entity personally responsible for payment of shorthand reporting
services rendered at the request of that attorney, firm, or entity.

(Source: P.A. 90-295, eff. 8-1-97.)

Structure Illinois Compiled Statutes