PocketLaw | Illinois Compiled Statutes | Radon Industry Licensing Act.

Radon Industry Licensing Act.

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(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.

(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:

(1) Establish a program for measuring radon or radon progeny in dwellings and other buildings.
(2) Conduct surveys and studies in cooperation with the Department of Natural Resources and the Department of Public Health to determine the distribution and concentration of radon or radon progeny in dwellings and other buildings and the associated health risk and to evaluate measures that may be used to mitigate a present or potential health risk.
(3) Enter into dwellings and other buildings with the consent of the owner or occupant to engage in monitoring activities or to conduct remedial action studies or programs.
(4) Enter into contracts for projects undertaken pursuant to subsection (a).
(5) Enter into agreements with other departments, agencies, and subdivisions of the federal government, the State, and units of local government to implement this Act.
(6) Establish training and educational programs.
(7) Apply for, accept, and use grants or other financial assistance and accept and use gifts of money or property to implement this Act.
(8) Provide technical assistance to persons and to other State departments, agencies, political subdivisions, units of local government, and school districts.
(9) Prescribe forms for application for a license.
(10) Establish the minimum qualifications for a license, including requirements for examinations or performance testing, and issue licenses to persons found to be qualified.
(10.5) Investigate any unlicensed activity.
(11) Conduct hearings or proceedings to revoke, suspend, or refuse to issue or renew a license, or assess civil penalties.
(12) Adopt rules for the administration and enforcement of this Act.
(13) Establish by rule fees to recover the cost of the program.

(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:

(a) Violation of this Act or its rules.
(b) Conviction of a crime under the laws of any United States jurisdiction that is a felony or of any crime that directly relates to the practice of detecting or reducing the presence of radon or radon progeny. Consideration of such conviction of an applicant shall be in accordance with Section 46.
(c) Making a misrepresentation for the purpose of obtaining a license.
(d) Professional incompetence or gross negligence in the practice of detecting or reducing the presence of radon or radon progeny.
(e) Gross malpractice, prima facie evidence of which may be a conviction or judgment of malpractice in a court of competent jurisdiction.
(f) Aiding or assisting another person in violating a provision of this Act or its rules.
(g) Failing, within 60 days, to provide information in response to a written request made by the Agency that has been sent by mail to the licensee's last known address.
(h) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
(i) Habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill, or safety.
(j) Discipline by another United States jurisdiction or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.
(k) Directly or indirectly giving to or receiving from a person any fee, commission, rebate, or other form of compensation for a professional service not actually or personally rendered.
(l) A finding by the Agency that the licensee has violated the terms of a license.
(m) Conviction by a court of competent jurisdiction, either within or outside of this State, of a violation of a law governing the practice of detecting or reducing the presence of radon or radon progeny if the Agency determines after investigation that the person has not been sufficiently rehabilitated to warrant the public trust.
(n) A finding by the Agency that a license has been applied for or obtained by fraudulent means.
(o) Practicing or attempting to practice under a name other than the full name as shown on the license or any other authorized name.
(p) Gross and willful overcharging for professional services, including filing false statements for collection of fees or moneys for which services are not rendered.
(q) Failure to file a return or 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 a tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
(r) (Blank).
(s) Failure to meet child support orders, as provided in Section 10-65 of the Illinois Administrative Procedure Act.
(t) Failure to pay a fee or civil penalty properly assessed by the Agency. (Source: P.A. 100-286, eff. 1-1-18; 100-872, eff. 8-14-18.)

(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:

(1) Juvenile adjudications of delinquent minors as defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the restrictions set forth in Section 5-130 of the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or expunged.

(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:

(1) the lack of direct relation of the offense for which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;
(2) whether 5 years since a felony conviction or 3 years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
(3) if the applicant was previously licensed or employed in this State or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment;
(4) the age of the person at the time of the criminal offense;
(5) successful completion of sentence and, for applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision;
(6) evidence of the applicant's present fitness and professional character;
(7) evidence of rehabilitation or rehabilitative effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or a certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and
(8) any other mitigating factors that contribute to the person's potential and current ability to perform the duties and responsibilities of the position for which a license or employment 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:

(1) a statement about the decision to refuse to grant a license;
(2) a list of the convictions that the Agency determined will impair the applicant's ability to engage in the position for which a license is sought;
(3) a list of convictions that formed the sole or partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the applicant may reapply for a license, whichever is applicable.

(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:

(1) the number of applicants for a new or renewal license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal license under this Act within the previous calendar year who had any criminal conviction;
(3) the number of applicants for a new or renewal license under this Act in the previous calendar year who were granted a license;
(4) the number of applicants for a new or renewal license with a criminal conviction who were granted a license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal license under this Act within the previous calendar year who were denied a license; and
(6) the number of applicants for a new or renewal license with a criminal conviction who were denied a license under this Act in the previous calendar year in whole or in part because of a prior conviction.

(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.)

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