(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(Section scheduled to be repealed on January 1, 2027)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 (Repealed).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 Repealed by P.A. 102-20, eff. 1-1-22.)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(Section scheduled to be repealed on January 1, 2027)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(Section scheduled to be repealed on January 1, 2027)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 (Repealed).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 Repealed by P.A. 96-663, eff. 8-25-09.)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(Section scheduled to be repealed on January 1, 2027)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.)