Illinois Compiled Statutes
Chapter 420 - NUCLEAR SAFETY
420 ILCS 44/ - Radon Industry Licensing Act.

(420 ILCS 44/1)
Sec. 1.
Short title.
This Act may be cited as the
Radon Industry Licensing Act.

(Source: P.A. 90-262, eff. 7-30-97.)

(420 ILCS 44/5)
Sec. 5. Legislative declaration. The General Assembly declares that it is
in the interest of the people of Illinois to establish a comprehensive program
for determining the extent to which radon and radon progeny are present
in dwellings and other buildings in Illinois at concentrations that pose a
potential risk to the occupants and for determining measures that can be taken
to reduce and prevent such risk. The General Assembly also finds that public
concerns over the dangers from radon and radon progeny may give rise to
unscrupulous practices that exploit those concerns but do not mitigate the
dangers from radon and radon progeny.
It is therefore declared to be
the public policy of this State that in order to
safeguard the health, property, and public welfare of its citizens, persons
engaged in the
business of measuring the presence of radon or radon progeny in dwellings and
reducing the presence of radon and radon progeny in the indoor
atmosphere
shall be regulated by the State through licensing requirements.

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

(420 ILCS 44/10)
Sec. 10. Primary responsibility with Illinois Emergency Management Agency. The
Illinois Emergency Management Agency shall have primary responsibility for coordination, oversight, and
implementation of all State functions in matters concerning the presence,
effects, measurement, and mitigation of risks of radon and radon progeny in
dwellings and other buildings. The Department of Natural Resources,
the Environmental Protection Agency, the Department of Public Health, and other
State agencies shall consult and cooperate with the Agency as requested and
as necessary to fulfill the purposes of this Act.

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

(420 ILCS 44/15)
Sec. 15. Definitions. As used in this Act, unless the context
requires otherwise:
(a) "Agency" means the Illinois Emergency Management Agency.
(b) "Client" means any person who contracts for measurement or mitigation services.
(c) "Director" means the Director of the Illinois Emergency Management Agency.
(d) "Interfere" means to adversely or potentially
adversely impact the successful completion of an indoor radon measurement by
changing the radon or radon progeny concentrations or altering the performance
of measurement equipment or an indoor radon mitigation system installation or
operation.
(e) "Laboratory analysis" means the act of analyzing the radon or radon
progeny concentrations with passive devices, or the act of calibrating radon or radon progeny measurement devices, or
the act of exposing radon or radon progeny devices to known concentrations of
radon or radon progeny as a compensated service.
(f) "Mitigation" means the act of repairing or altering a building or
building design for the purpose in whole or in part of reducing the
concentration of radon in the indoor atmosphere.
(g) "Person" means entities, including, but not limited to, an individual, company, corporation, firm, group, association, partnership,
joint venture, trust, or government agency or subdivision.
(h) "Radon" means a gaseous radioactive decay product of uranium
or thorium.
(i) "Radon contractor" or "contractor" means a person licensed to perform
radon or
radon progeny mitigation or to perform measurements of radon or
radon progeny in an indoor atmosphere.
(j) "Radon progeny" means any combination of the radioactive decay products
of radon.

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

(420 ILCS 44/20)
Sec. 20. General powers.
(a) The Agency may undertake
projects to determine whether and to what extent radon and radon progeny are
present in dwellings and other buildings, to determine to what
extent their presence constitutes a risk to public health, and to determine
what measures are effective in reducing and preventing the risk to public
health.
(b) In addition
to other powers granted under this Act, the Agency is authorized to:
(Source: P.A. 94-369, eff. 7-29-05.)

(420 ILCS 44/25)
Sec. 25. License requirement. Beginning January 1, 1998, no person
shall sell a device or
perform a service for compensation to detect the presence of radon or radon
progeny in the indoor atmosphere, perform laboratory analysis, or perform a service to reduce the
presence of radon or radon
progeny in the indoor atmosphere unless the
person has been licensed by the
Agency. The application procedures for a license shall be established
by rule of the Agency. This Section does not apply to retail stores that only sell or distribute radon sampling devices but are not engaged in the manufacture of radon sampling devices or a relationship with the client for other services such as home inspection or representation as in a real estate transaction.

(Source: P.A. 96-195, eff. 8-10-09.)

(420 ILCS 44/27)
Sec. 27. Approval of radon sampling and measurement devices for radon contractors. No person shall sell a device in this State to a radon contractor for use in licensed activities to detect the presence of radon or radon progeny in the indoor atmosphere without prior approval of the device from the Agency. All electronic radon detection devices sold to radon contractors for use in a licensed activity in this State must be calibrated to ensure the accuracy and precision of their measurements of radon and radon progeny.

(Source: P.A. 102-274, eff. 8-6-21.)

(420 ILCS 44/28)
Sec. 28. (Repealed).

(Source: P.A. 97-953, eff. 8-13-12. Repealed by P.A. 99-933, eff. 1-27-17.)

(420 ILCS 44/30)
Sec. 30. Reporting of information. Within 45 days after testing for
radon or radon progeny, a
person
performing the testing shall report to his or her client

the
results of the testing. In addition, if the client is not the owner or occupant of the building, a person shall report to the owner or occupant upon request. To the extent that the testing results contain
information pertaining
to the medical condition of an identified individual or the concentration of radon
or radon progeny in an
identified dwelling, information obtained by the Agency

pursuant to this
Act is exempt from the disclosure requirements of the Freedom of Information
Act, except that the
Agency shall make the information available to the identified individual or
the owner or occupant on request.

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

(420 ILCS 44/35)
Sec. 35. Penalties.
(a) A person required to be licensed under Section 25 of this Act who
sells a device or performs a service without being properly licensed under this
Act may be assessed a civil penalty by the Agency not to the exclusion of any other penalty authorized by law in an amount not to exceed $5,000, for each offense, as determined
by
the Agency. Any person assessed a civil penalty under this Section shall
be afforded an opportunity for hearing in accordance with Agency

regulations prior to final action by the Agency. The civil penalty must be
paid within 30 days after the order becomes a final and binding administrative
determination.
(b) A person who violates a provision of this
Act shall be guilty of a business offense and may be
fined not less than $500 nor more than $1,000 for the first offense and shall
be
guilty of a Class A misdemeanor for a subsequent offense.
Each day that a violation continues constitutes a
separate offense. A
licensed radon contractor found guilty of a violation of
a provision of this Act may

have his or her license terminated
by the Agency.

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

(420 ILCS 44/40)
Sec. 40.
Interference.
No person shall interfere with or cause another person to interfere with the
successful completion of a radon measurement or the installation or operation
of a radon mitigation system. This Section applies to persons required to be
licensed under this Act and to persons not required to be licensed under this
Act.

(Source: P.A. 90-262, eff. 7-30-97.)

(420 ILCS 44/45)
Sec. 45. Grounds for disciplinary action. The Agency may refuse to
issue or to renew, or may revoke, suspend, or
take other disciplinary action as the Agency may deem proper, including
fines not to exceed $1,000 for each violation, with regard to any license for
any one or combination of the following causes:

(420 ILCS 44/46)
Sec. 46. Applicant convictions.
(a) The Agency shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for a license under this Act:
(b) The Agency, upon a finding that an applicant for a license was convicted of a felony or a crime that relates to the practice of detecting or reducing the presence of radon or radon progeny, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if the conviction will impair the ability of the applicant to engage in the position for which a license is sought:
(c) If the Agency refuses to issue a license to an applicant, then the Agency shall notify the applicant of the denial in writing with the following included in the notice of denial:
(d) No later than May 1 of each year, the Agency must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum:
(Source: P.A. 100-286, eff. 1-1-18.)

(420 ILCS 44/50)
Sec. 50. Summary suspension. The Director may
summarily suspend the license of a radon contractor without a hearing,
simultaneously with the institution of proceedings for a hearing, if the
Director finds that evidence in his or her possession indicates that
continuation of the contractor in
practice would constitute an imminent danger to the public. If
the Director summarily suspends a license without a hearing, a hearing by the
Agency shall be held within 30 days after the suspension has occurred and
shall be concluded without appreciable delay.

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

(420 ILCS 44/52)
Sec. 52. Subpoena power; witness fees; enforcement; punishment.
(a) The Agency, by its Assistant Director or a person designated by the Assistant Director, may, at the Assistant Director's instance or on the written request of another party to an administrative proceeding or investigation administered under this Act or any other law concerning radon, subpoena witnesses to attend and give testimony before the hearing officer designated to preside over the proceeding or investigation and subpoena the production of books, papers, or records that the Assistant Director or his or her designee deems relevant or material to any administrative proceeding or investigation.
(b) The fees paid to witnesses for attendance and travel shall be the same as the fees for witnesses before the circuit court of the county in which the hearing is held. Those fees shall be paid when the witness is excused from further attendance. When a witness is subpoenaed at the instance of the Agency, those fees shall be paid in the same manner as other administrative expenses of the Agency. When a witness is subpoenaed at the instance of a party to a proceeding other than the Agency, the Agency may require that the cost of service of the subpoena or subpoena duces tecum and the fee of the witness be borne by the party at whose instance the witness is summoned. In that case, the Agency, in its discretion, may require a deposit to cover the cost of the service and witness fees. A subpoena or subpoena duces tecum issued under this Section may be served in the same manner as a subpoena issued out of a circuit court of the county in which the hearing is held or may be served by United States registered or certified mail, addressed to the person concerned at the person's last known address, and proof of that mailing shall be sufficient for the purposes of this Section. The Agency shall adopt rules governing the procedure for challenging a subpoena.
(c) If any person, without lawful authority, fails to appear in response to a subpoena or to answer any question or to produce any books, papers, records, or any other documents relevant or material to an administrative proceeding or investigation, the Agency, through the Attorney General, may seek enforcement of any such subpoena by any circuit court of this State.

(Source: P.A. 99-59, eff. 7-16-15.)

(420 ILCS 44/55)
Sec. 55. Liability. The Agency and other persons
under contract or agreement with the Agency under this Act, and their
officers,
agents, and employees, shall not be liable for
conduct in the course of administering or enforcing this
Act unless the conduct was malicious.

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

(420 ILCS 44/60)
Sec. 60. Deposit of moneys. All moneys received by the Agency under
this Act shall be deposited into the Radiation Protection Fund and are not
refundable. Moneys deposited into the Fund may be used by the Agency,
pursuant to appropriation, for the administration and enforcement of this Act.

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

(420 ILCS 44/65)
Sec. 65. Illinois Administrative Procedure Act. The provisions of the
Illinois Administrative Procedure Act are hereby expressly adopted and shall
apply to all administrative rules and procedures of the Agency under this
Act, except that Section 5-35 of the Illinois Administrative
Procedure Act, relating to procedures for rulemaking, does not apply
to the adoption of any rule required by federal law in connection with which
the Agency is precluded from exercising any discretion.

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

(420 ILCS 44/70)
Sec. 70. Administrative Review Law. All final administrative decisions of
the Agency under this Act shall be subject to judicial review under
the provisions of
the Administrative Review Law
and its rules. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.

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

(420 ILCS 44/75)
Sec. 75.
(Amendatory provisions; text omitted).

(Source: P.A. 90-262, eff. 7-30-97; text omitted.)

(420 ILCS 44/80)
Sec. 80.
(Amendatory provisions; text omitted).

(Source: P.A. 90-262, eff. 7-30-97; text omitted.)

(420 ILCS 44/85)
Sec. 85.
The Radon Testing Act is repealed on January 1, 1998.

(Source: P.A. 90-262, eff. 7-30-97.)

(420 ILCS 44/90)
Sec. 90.
The Radon Mitigation Act is repealed.

(Source: P.A. 90-262, eff. 7-30-97.)

(420 ILCS 44/99)
Sec. 99.
Effective date.
This Act takes effect upon becoming law.

(Source: P.A. 90-262, eff. 7-30-97.)