225 ILCS 411/10-21
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 411/ - Cemetery Oversight Act.|Article 10 - Licensing and Registration Provisions

(Section scheduled to be repealed on January 1, 2027)Sec. 10-21. Qualifications for licensure.(a) An applicant is qualified for licensure as a cemetery authority if the applicant meets all of the following qualifications:(1) The applicant has not committed any act or     offense in any jurisdiction that would constitute the basis for discipline under this Act. When considering such license, the Department shall take into consideration the following:(A) the applicant's record of compliance with the         Code of Professional Conduct and Ethics, and whether the applicant has been found to have engaged in any unethical or dishonest practices in the cemetery business;(B) whether the applicant has been adjudicated,         civilly or criminally, to have committed fraud or to have violated any law of any state involving unfair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the cemetery business, or has been convicted of any felony;(C) whether the applicant has willfully violated         any provision of this Act or a predecessor law or any regulations relating thereto;(D) whether the applicant has been permanently or         temporarily suspended, enjoined, or barred by any court of competent jurisdiction in any state from engaging in or continuing any conduct or practice involving any aspect of the cemetery or funeral business; and(E) whether the applicant has ever had any         license to practice any profession or occupation suspended, denied, fined, or otherwise acted against or disciplined by the applicable licensing authority.If the applicant is a corporation, limited liability     company, partnership, or other entity permitted by law, then the Department shall determine whether each principal, owner, member, officer, and shareholder holding 25% or more of corporate stock has met the requirements of this item (1) of subsection (a) of this Section.(2) The applicant must provide a statement of its     assets and liabilities to the Department.(3) The applicant has not, within the preceding 10     years, been convicted of or entered a plea of guilty or nolo contendere to (i) a Class X felony or (ii) a felony, an essential element of which was fraud or dishonesty under the laws of this State, another state, the United States, or a foreign jurisdiction that is directly related to the practice of cemetery operations.  If the applicant is a corporation, limited liability company, partnership, or other entity permitted by law, then each principal, owner, member, officer, and shareholder holding 25% or more of corporate stock has not, within the preceding 10 years,  been convicted of or entered  a plea of guilty or nolo contendere to (i) a Class X felony or (ii)  a felony, an essential element of which was fraud or dishonesty under the laws of this State, another state, the United States, or a foreign jurisdiction that is directly related to the practice of cemetery operations.(4) The applicant shall authorize the Department to     conduct a criminal background check that does not involve fingerprinting.(5) In the case of a person or entity applying for     renewal of his, her, or its license, the applicant has complied with all other requirements of this Act and the rules adopted for the implementation of this Act.(b) A person is qualified for licensure as a cemetery manager or customer service employee if he or she meets all of the following requirements:(1) Is at least 18 years of age.(2) Has acted in an ethical manner as set forth in     Section 10-23 of this Act. In determining qualifications of licensure, the Department shall take into consideration the factors outlined in item (1) of subsection (a) of this Section.(3) Submits proof of successful completion of a high     school education or its equivalent as established by rule.(4) The applicant shall authorize the Department to     conduct a criminal background check that does not involve fingerprinting.(5) Has not committed a violation of this Act or any     rules adopted under this Act that, in the opinion of the Department, renders the applicant unqualified to be a cemetery manager.(6) Submits proof of successful completion of a     certification course recognized by the Department for a cemetery manager or customer service employee, whichever the case may be.(7) Has not, within the preceding 10 years, been     convicted of or entered a plea of guilty or nolo contendere to (i) a Class X felony or (ii) a felony, an essential element of which was fraud or dishonesty under the laws of this State, another state, the United States, or a foreign jurisdiction that is directly related to the practice of cemetery operations.(8) (Blank).(9) In the case of a person applying for renewal of     his or her license, has complied with all other requirements of this Act and  the rules adopted for implementation of this Act.(c) Each applicant for a cemetery authority, cemetery manager, or customer service employee license shall authorize the Department to conduct a criminal background check that does not involve fingerprinting. The Department must, in turn, conduct the criminal background check on each applicant. The Department shall adopt rules to implement this subsection (c), but in no event shall the Department impose a fee upon the applicant for the background check.    (Source: P.A. 102-20, eff. 6-25-21.)