2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 729/ - Petroleum Equipment Contractors Licensing Act.

(225 ILCS 729/1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1. 
		Short title. 
		This Act may be cited as the Petroleum Equipment Contractors Licensing Act.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5. Definitions. For the purposes of this Act:
"Employee" means a person who is currently employed by a
contractor licensed under this Act whose full or part-time duties include
any activity specified in Section 35 of this Act.
"Licensee" means a person or business organization licensed in accordance with this Act.
"Person" means a natural person or any company, corporation, or other
business
entity.
"Petroleum equipment contractor" or "contractor" means a person, company, or corporation that
installs, repairs, or removes underground storage tanks.
(Source: P.A. 97-428, eff. 8-16-11.)
(225 ILCS 729/10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. 
		Licensure requirement; injunction. 
		Beginning 6 months after the
effective date of this Act, no person, firm,
association,
or
corporation shall act as a petroleum equipment contractor or employee,
advertise or
assume to act as a petroleum equipment contractor or employee, or use any title
implying
that the
person, firm, association, or corporation is engaged in such practice or
occupation, unless
licensed by the State Fire Marshal.
The State Fire Marshal, in the name of the People, through the Attorney
General,
the State's Attorney of any county, any resident of the State, or any legal
entity within the
State may apply for injunctive relief in any court to enjoin a person who has
not been
issued a license or whose license has been suspended, revoked, or not renewed,
from
practicing as a petroleum equipment contractor, and, upon the filing of a
verified petition,
the court, if satisfied by affidavit or otherwise that the person is or has
been practicing in
violation of this Act, may enter a temporary restraining order or preliminary
injunction,
without bond, enjoining the defendant from further activity.  A copy of the
verified
complaint shall be served upon the defendant and the proceedings shall
be
conducted as in other civil cases.  If it is established that the defendant has
been, or is
practicing in violation of this Act, the court may enter a judgment perpetually
enjoining
the defendant from any further unlicensed activity.  In the case of violation
of
any
injunctive order
or judgment entered under the provisions of this Section, the court may
summarily try
and punish the offender for contempt of court.  Such injunctive proceeding
shall be in
addition to all penalties and other remedies in this Act.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. 
		Deposit of fees. 
		All fees collected pursuant to this Act shall
be
deposited into the Fire Prevention Fund.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25. Rules; report. The State Fire Marshal shall promulgate rules
consistent with the
provisions of
this Act for the administration and enforcement of this Act and may prescribe
forms that
shall be issued in connection with the rules promulgated under this Act.  The
rules shall include standards and
criteria for licensure, professional conduct, and discipline.
(Source: P.A. 97-428, eff. 8-16-11.)
(225 ILCS 729/30)
(Section scheduled to be repealed on January 1, 2027)
Sec. 30. Investigators. The State Fire Marshal may employ, in conformity
with the Personnel Code, the professional, technical, investigative, or
clerical help that
may be necessary for the enforcement of this Act.
An investigator may not hold an active license issued pursuant to this Act or
have
any fiduciary interest in any business licensed under this Act.  This
prohibition
does not prohibit the investigator from holding stock in a publicly traded
business
licensed or regulated under this Act, provided that the investigator does not
hold more
than 5% of a publicly traded corporation.
(Source: P.A. 97-428, eff. 8-16-11.)
(225 ILCS 729/35)
(Section scheduled to be repealed on January 1, 2027)
Sec. 35. Licensure qualifications and fees.
(a) Applicants for a license must submit to the Office all of the following:
(1) fees as established by the Office;
(2) evidence of current registration as an Illinois     corporation or other business entity and, when applicable, evidence of compliance with the Assumed Business Name Act; if the corporation or business entity does not have evidence of current registration, such as a Secretary of State issued Certificate of Good Standing, the Office has the authority to deny or revoke the license of such a corporation or business entity;
(3) evidence of financial responsibility in a minimum     amount of $1,000,000 through liability insurance, self-insurance, group insurance, group self-insurance, or risk retention groups that must include completed operations and environmental impairment; and
(4) evidence of compliance with the qualifications     and standards established by the Office.
(b) The contractor must possess a license
from the Office to perform the following
types of activity:
(1) installation of underground storage tanks;
(2) repair of USTs, which shall include retrofitting     and installation of cathodic protection systems;
(3) decommissioning of USTs including abandonment in     place;
(4) relining of USTs;
(5) tank and piping tightness testing;
(6) testing of cathodic protection systems; and
(7) any other category established by the Office of     the State Fire Marshal.
(c) (Blank).
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 729/40)
(Section scheduled to be repealed on January 1, 2027)
Sec. 40. Application. Each application for a license to practice under
this Act
shall be electronically submitted or in writing and signed by the applicant on forms provided by the Office
of the
State Fire Marshal.
(Source: P.A. 97-428, eff. 8-16-11.)
(225 ILCS 729/45)
(Section scheduled to be repealed on January 1, 2027)
Sec. 45. Issuance of license; renewal.
(a) The State Fire Marshal shall, upon the applicant's satisfactory
completion
of
the requirements authorized under this Act, and upon receipt of the requisite
fees, issue
the appropriate license showing the name and business location
of the
licensee and the dates of issuance and expiration.
(b) Each licensee may apply for renewal of his or her license upon payment
of the
requisite
fee.  The expiration date and renewal period for each license issued under this
Act shall
be set by rule.  Failure to renew by the expiration date shall cause the
license to lapse.
A lapsed license may not be reinstated until an application is filed,
the renewal fee
is paid, and a $50 reinstatement fee is paid.  The renewal and reinstatement
fees shall be
waived for persons who did not renew while on active duty in the military and
who file
for renewal or restoration within one year after discharge from the active duty
service.
(c) All fees paid pursuant to this Act are non-refundable. This shall not preclude the State Fire Marshal from refunding accidental overpayment of fees.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 729/50)
(Section scheduled to be repealed on January 1, 2027)
Sec. 50. 
		Returned checks. 
		Any person who on 2 occasions issues or
delivers a
check or other order to the State Fire Marshal that is not honored by the
financial
institution upon which it is drawn because of insufficient funds in his or her
account,
shall pay to the State Fire Marshal, in addition to the amount owing upon the
check or
other order, a fee of $50.  If the check or other order was issued or delivered
in payment
of a renewal fee and the licensee whose license has lapsed continues to
practice without
paying the renewal fee and the $50 fee required under this Section, an
additional fee of
$100 shall be imposed for practicing without a current license.  The State Fire
Marshal
shall notify the licensee whose license has lapsed within 30 days after the
discovery by
the State Fire Marshal that the licensee is practicing without a current
license, that the
person is acting as a petroleum equipment contractor or employee, as the case
may be,
without a license, and the amount due to the State Fire Marshal, which shall
include the
lapsed renewal fee and all other fees required by this Section.  If after the
expiration of 30
days from the date of such notification, the licensee whose license has lapsed
seeks a
current license, he or she shall apply to the State Fire Marshal for
reinstatement of the
license and pay all fees due to the State Fire Marshal.  The State Fire Marshal
may
establish a fee for the processing of an application for reinstatement of a
license that
allows the State Fire Marshal to pay all costs and expenses incident to the
processing of
this application.  The State Fire Marshal may waive the fees due under this
Section in
individual cases where he or she finds that the fees would be unreasonable or
unnecessarily
burdensome.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/60)
(Section scheduled to be repealed on January 1, 2027)
Sec. 60. License renewal; display of license; inspection.
(a) As a condition of renewal of a license, the State Fire Marshal may
require
the
licensee to report information pertaining to his or her practice that the State
Fire
Marshal
determines to be in the interest of public safety.
(b) A licensee shall report a change in home or office address within 10
days.
(c) Each licensee shall prominently display his or her license to practice
at
each
place from which the practice is being performed.  If more than one location is
used,
branch office certificates shall be issued upon payment of the fees to be
established by
the State Fire Marshal.
(d)  If a licensee
wishes to
change his or her name, the State Fire Marshal shall issue a license in the new
name
upon
payment of the required fee and upon receipt of satisfactory proof that the
change was
done in accordance with law.
(e) Each licensee shall permit his or her facilities to be inspected by
representatives of
the Office of the State Fire Marshal.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 729/65)
(Section scheduled to be repealed on January 1, 2027)
Sec. 65. Disciplinary actions. Licensees shall be subject to
disciplinary
action for any of the following:
(1) obtaining or renewing a license by the use of     fraud or material deception;
(2) being professionally incompetent as manifested by     poor standards of service;
(3) engaging in dishonorable, unethical, or     unprofessional conduct of a character likely to deceive, defraud, or harm the public in the course of professional services or activities;
(4) being convicted of a crime that has a substantial     relationship to his or her practice or an essential element of which is misstatement, fraud, or dishonesty, being convicted in this or another state of any crime that is a felony under the laws of Illinois or of that state, or being convicted of a felony in a federal court, unless the licensee demonstrates that he or she has been sufficiently rehabilitated to warrant the public trust;
(5) performing any service in a grossly negligent     manner or permitting any licensed employee to perform services in a grossly negligent manner, regardless of whether actual damage or damage to the public is established;
(6) (blank);
(7) willfully receiving compensation, directly or     indirectly, for any professional service not actually rendered;
(8) having disciplinary action taken against his or     her license in another State;
(9) contracting or assisting unlicensed persons to     perform services for which a license is required under this Act;
(10) permitting the use of his or her license to     enable an unlicensed person or agency to operate as a licensee;
(11) performing and charging for services without     having authorization to do so from the member of the public being served; or
(12) failing to comply with any provision of this Act     or the rules adopted under this Act.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 729/70)
(Section scheduled to be repealed on January 1, 2027)
Sec. 70. 
		Complaints. 
		All complaints concerning violations regarding
licensees or unlicensed activity shall be received and logged by the State Fire
Marshal.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/73)
(Section scheduled to be repealed on January 1, 2027)
Sec. 73. Citations.
(a) The Office of the State Fire Marshal may adopt rules to permit the issuance of citations for certain violations of this Act or the rules adopted under this Act. The citation shall be issued to the licensee and shall contain the licensee's name and address, the licensee's license number, a brief factual statement, the Sections of the law or rules allegedly violated, and the penalty imposed. The citation must clearly state that the licensee may choose, in lieu of accepting the citation, to request a hearing to appeal the citation. If the licensee does not file a written appeal of the citation with the Office of the State Fire Marshal within 15 days after the citation is served, then the citation shall become a final order imposing a monetary penalty. The penalty shall be a monetary civil fine. In the event of a timely written appeal, the Office of the State Fire Marshal shall conduct an administrative hearing governed by the Illinois Administrative Procedure Act and enter an order to sustain, modify, or revoke such citation. Any appeal from such hearing order shall be to the circuit court of the county in which the violation took place and shall be governed by the Administrative Review Law.
(b) The Office of the State Fire Marshal shall adopt rules designating violations for which a citation may be issued, which may specify separate hearing procedures for appeals of such citations so long as the hearing procedures are not inconsistent with the Illinois Administrative Procedure Act.
(c) Service of a citation may be made by personal service or certified mail to the licensee at the licensee's last known address as listed with the Office of the State Fire Marshal.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 729/75)
(Section scheduled to be repealed on January 1, 2027)
Sec. 75. 
		Formal charges; hearings.
(a) Following the investigative process, the State Fire Marshal may file
formal
charges against the licensee.  The formal charges shall, at a minimum, inform
the
licensee of the facts that comprise the basis of the charge and that are
specific enough to
enable the licensee to defend himself or herself.
(b) Each licensee whose conduct is the subject of a formal charge that seeks
to
impose disciplinary action against the licensee shall be served notice of the
formal charge
at least 30 days before the date of the hearing, which shall be presided over
by
a hearing
officer authorized by the State Fire Marshal.  Service shall be considered to
have been
given if the notice was personally received by the licensee or if the notice
was sent by
certified mail, return receipt requested, to the licensee at the licensee's
last known
address as
listed with the State Fire Marshal.
(c) The notice of formal charges shall inform the licensee (i) of the time,
date, and
place of the hearing; (ii) that the licensee shall appear personally at the
hearing and may
be represented by counsel; (iii) that the licensee shall have the right to
produce witnesses
and evidence in his or her behalf and shall have the right to cross-examine
witnesses
and
examine evidence produced against him or her; (iv) that the hearing could
result in
disciplinary action
being taken against his or her license; (v) that rules for the conduct of these
hearings exist
and it may be in the licensee's best interest to obtain a copy; (vi) that a
hearing officer
authorized by the State Fire Marshal shall preside at the hearing and following
the
conclusion of the hearing shall make findings of fact, conclusions of law, and
recommendations to the State Fire Marshal as to what disciplinary action, if
any, should
be imposed on the licensee; and (vii) that the State Fire Marshal may continue
the
hearing.
(d) The hearing officer authorized by the State Fire Marshal shall hear the
evidence
produced in support of the formal charges and any contrary evidence produced by
the
licensee.  At the conclusion of the hearing, the hearing officer shall
make findings
of fact, conclusions of law, and recommendations and submit them to the State
Fire
Marshal and to all parties to the proceeding.  Submission to the licensee shall
be
considered as having been made if done in a similar fashion as service of the
notice of
formal charges.  Within 20 days after such service, any party to the proceeding
may
present to the State Fire Marshal a motion, in writing, for a rehearing that
specifies the
grounds for rehearing.
(e) The State Fire Marshal, following the time allowed for filing a motion
for
rehearing, shall review the hearing officer's findings of fact, conclusions of
law, and
recommendations and any motions filed subsequent to the findings, conclusions,
and
recommendations.  After reviewing
this
information, the State Fire Marshal may hear oral arguments, prior to issuing
an order.  The report of findings of fact, conclusions of law, and
recommendations
of the
hearing officer shall be the basis for the State Fire Marshal's order.
If the State Fire Marshal finds that substantial justice was not done, he or
she may
issue
an order in contravention to the findings of fact, conclusions of law, and
recommendations of the hearing officer.
The finding is not admissible in evidence against the
person in a
criminal prosecution brought for the violation of this Act.
(f) All proceedings pursuant to this Section are matters of public record
and shall be preserved.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/80)
(Section scheduled to be repealed on January 1, 2027)
Sec. 80. 
		Sanctions.
(a) The State Fire Marshal shall impose any of the following sanctions,
singly
or
in combination, when he or she finds that a licensee is guilty of any offense
described in Section 65:
(1) revocation;
(2) suspension for any period of time;
(3) reprimand or censure;
(4) placement on probationary status and requirement     that the licensee submit any of the following:
(A) report regularly to the State Fire Marshal         upon matters that are the basis of the probation;
(B) continue or renew professional education         until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or
(C) any other reasonable requirements or         restrictions as are proper;
(5) refusal to issue, renew, or restore; or
(6) revocation of probation that has been granted and     imposition of any other discipline in this subsection (a) when the requirements of probation have not been fulfilled or have been violated.
(b) The State Fire Marshal may
summarily suspend a license under this Act,
without a hearing, simultaneously with the filing of a formal complaint and
notice for a
hearing, if the State Fire Marshal finds that the continued operations of the
individual
would constitute an immediate danger to the public.  In the event the State
Fire Marshal
suspends a license under this subsection, a hearing by the hearing officer
designated by
the State Fire Marshal shall be held within 20 days after the suspension
begins,
unless
continued at the request of the licensee.
(c) Disposition may be made of any formal complaint by consent order between
the State Fire Marshal and the licensee.
(d) The State Fire Marshal shall reinstate a license to good standing
under
this
Act, upon recommendation to the State Fire Marshal, after a hearing before the
hearing
officer authorized by the State Fire Marshal. The State Fire Marshal shall be
satisfied that
the applicant's renewed practice is not contrary to the public interest.
(e) The State Fire Marshal may conduct hearings and issue cease and desist
orders
to persons who engage in activities prohibited by this Act without having a
valid license,
certificate, or registration.  Any person in violation of a cease and desist
order entered by
the State Fire Marshal shall be subject to all of the remedies provided by law
and, in
addition, shall be subject to a civil penalty payable to the party injured by
the violation.
(f) The State Fire Marshal shall seek to achieve consistency in the
application of
the foregoing sanctions and consent orders and significant departure from prior
decisions
involving similar conduct shall be explained in the State Fire Marshal's
orders.
(g) Upon the suspension or revocation of a license issued under this Act, a
licensee shall surrender the license to the State Fire Marshal and, upon
failure
to do so, the
State Fire Marshal shall seize the same.
(g-5) Any person, business, or corporation whose license has been revoked
under the provisions of this Act is prohibited, for a period of 2 years from
the date of revocation, from owning more than 7 1/2% of a business or
corporation licensed under this Act.
(h) The State Fire Marshal may refuse to issue or may suspend 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 the time
that the
requirements of any such tax Act are satisfied.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/85)
(Section scheduled to be repealed on January 1, 2027)
Sec. 85. 
		Depositions; witnesses; judicial review.
(a) The State Fire Marshal has the power to subpoena and bring before him or
her any
person in this State and to take testimony either orally or by deposition, or
both, with the
same fees and mileage and in the same manner as is prescribed by law for
judicial
proceedings in civil cases.  The State Fire Marshal and the hearing officer
approved by
the State Fire Marshal have the power to administer oaths at any hearing that
the State
Fire Marshal is authorized to conduct.
(b) A circuit court, upon the application of the licensee or the State Fire
 Marshal, may order the attendance of witnesses and the production of relevant
books and
papers in any hearing conducted pursuant to this Act.  The court may compel
obedience to
its order
by proceedings for contempt.
(c) The State Fire Marshal, at the Office's expense, shall provide a
stenographer or
a
mechanical recording device to record the testimony and preserve a record of
all
proceedings at the hearing of any case wherein a license may be revoked,
suspended,
placed on probationary status, or other disciplinary action taken with regard
to the license.  The
notice of hearing, the 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
hearing officer, and the orders of the State Fire Marshal constitute the record
of the
proceedings.  The State Fire Marshal shall furnish a transcript of the record
to any
interested person upon payment of the costs of copying and transmitting the
record.
(d) All final administrative decisions of the State Fire Marshal are subject
to
judicial review pursuant to the provisions of the Administrative Review Law and
the
rules adopted pursuant thereto.  Proceedings for judicial review shall be
commenced in
the Circuit Court of the county in which the party applying for review resides.
If the party
applying for review is not a resident of Illinois, the venue shall be in
Sangamon County.
The State Fire Marshal shall not be required to certify any record to the
court, file any
answer in court, or otherwise appear in any court in a judicial review
proceeding, unless
there is filed in the court with the complaint a receipt from the State Fire
Marshal
acknowledging payment of the costs of furnishing and certifying the record,
which costs
shall be computed at the cost of preparing such record.  Exhibits shall be
certified without
cost.  Failure on the part of the licensee to file the receipt in court shall
be grounds for
dismissal of the action.
During all judicial proceedings incident to disciplinary action, the
sanctions
imposed upon the accused by the State Fire Marshal shall remain in effect,
unless the
court feels justice requires a stay of the order.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/90)
(Section scheduled to be repealed on January 1, 2027)
Sec. 90. 
		Order; prima facie proof. 
		An order
or a certified copy of an order, bearing the seal of the
State Fire
Marshal and purporting to be signed by the State Fire Marshal, is prima facie
proof
that:
(1) the signature is that of the State Fire Marshal;
(2) the State Fire Marshal is qualified to act; and
(3) the hearing officer is qualified to act on behalf     of the State Fire Marshal.
Such proof may be rebutted.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/95)
(Section scheduled to be repealed on January 1, 2027)
Sec. 95. 
		Publication of records. 
		The State Fire Marshal shall, upon
request,
publish a list of the names and addresses of all licensees under the provisions
of this Act.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/100)
(Section scheduled to be repealed on January 1, 2027)
Sec. 100. 
		Criminal penalties. 
		A person who violates any of the
provisions of
this Act shall be guilty of a Class A misdemeanor for the first offense and
shall be guilty
of a Class 4 felony for a second or subsequent offense.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/105)
(Section scheduled to be repealed on January 1, 2027)
Sec. 105. 
		Home rule. 
		The regulation and licensing of petroleum equipment
contractors are exclusive powers and functions of the State.  A home rule unit
may not
regulate or license petroleum equipment contractors.  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. However, nothing in this Act shall limit the
authority of the
Office of the State Fire Marshal and a municipality with a
population over 500,000 to enter into contracts pursuant to
paragraph (b) of subsection (2) of Section 2 of the Gasoline
Storage Act.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/900)
Sec. 900. 
		(Amendatory provisions; text omitted).
(Source: P.A. 92-618, eff. 7-11-02; text omitted.)
(225 ILCS 729/905)
Sec. 905. 
		(Amendatory provisions; text omitted).
(Source: P.A. 92-618, eff. 7-11-02; text omitted.)
(225 ILCS 729/999)
(Section scheduled to be repealed on January 1, 2027)
Sec. 999. 
		Effective date. 
		This Act takes effect upon becoming law.
(Source: P.A. 92-618, eff. 7-11-02.)