Illinois Compiled Statutes 410 ILCS 45/8.1 – Licensing of lead inspectors and lead risk assessors
Current as of: 2024 | Check for updates
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(a) The Department shall establish standards and licensing procedures for lead inspectors and lead risk assessors. An integral element of these procedures shall be an education and training program prescribed by the Department which shall include but not be limited to scientific sampling, chemistry, and construction techniques. No person shall make inspections or risk assessments without first being licensed by the Department. The penalty for inspection or risk assessment without a license shall be a Class A misdemeanor and an administrative fine.
(b) The Department shall charge licensed lead inspectors and lead risk assessors reasonable license fees and the fees shall be placed in the Lead Poisoning Screening, Prevention, and Abatement Fund and used to fund the Department’s licensing of lead inspectors and lead risk assessors and any other activities prescribed by this Act. A licensed lead inspector or lead risk assessor employed by the Department or its delegate agency shall not be charged a license fee.
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-55
(c) The Department, upon notification by the Illinois Workers’ Compensation Commission or the Department of Insurance, shall refuse the issuance or renewal of a license to, or suspend or revoke the license of, any individual, corporation, partnership, or other business entity that has been found by the Illinois Workers’ Compensation Commission or the Department of Insurance to have failed:
(1) to secure workers’ compensation obligations in
(b) The Department shall charge licensed lead inspectors and lead risk assessors reasonable license fees and the fees shall be placed in the Lead Poisoning Screening, Prevention, and Abatement Fund and used to fund the Department’s licensing of lead inspectors and lead risk assessors and any other activities prescribed by this Act. A licensed lead inspector or lead risk assessor employed by the Department or its delegate agency shall not be charged a license fee.
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,500 |
Terms Used In Illinois Compiled Statutes 410 ILCS 45/8.1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute: A law passed by a legislature.
(c) The Department, upon notification by the Illinois Workers’ Compensation Commission or the Department of Insurance, shall refuse the issuance or renewal of a license to, or suspend or revoke the license of, any individual, corporation, partnership, or other business entity that has been found by the Illinois Workers’ Compensation Commission or the Department of Insurance to have failed:
(1) to secure workers’ compensation obligations in
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the manner required by subsections (a) and (b) of Section 4 of the Workers’ Compensation Act;
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(2) to pay in full a fine or penalty imposed by the
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Illinois Workers’ Compensation Commission or the Department of Insurance due to a failure to secure workers’ compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers’ Compensation Act; or
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(3) to fulfill all obligations assumed pursuant to
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any settlement reached with the Illinois Workers’ Compensation Commission or the Department of Insurance due to a failure to secure workers’ compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers’ Compensation Act.
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A complaint filed with the Department by the Illinois Workers’ Compensation Commission or the Department of Insurance that includes a certification, signed by its Director or Chairman or designee, attesting to a finding of the failure to secure workers’ compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers’ Compensation Act or the failure to pay any fines or penalties or to discharge any obligation under a settlement relating to the failure to secure workers’ compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers’ Compensation Act is prima facie evidence of the licensee’s or applicant’s failure to comply with subsections (a) and (b) of Section 4 of the Workers’ Compensation Act. Upon receipt of that certification, the Department shall, without a hearing, immediately suspend all licenses held by the licensee or the processing of any application from the applicant. Enforcement of the Department’s order shall be stayed for 60 days. The Department shall provide notice of the suspension to the licensee by mailing a copy of the Department’s order to the licensee’s or applicant’s address of record or emailing a copy of the order to the licensee’s or applicant’s email address of record. The notice shall advise the licensee or applicant that the suspension shall be effective 60 days after the issuance of the order unless the Department receives, from the licensee or applicant, a request for a hearing before the Department to dispute the matters contained in the order.
Upon receiving notice from the Illinois Workers’ Compensation Commission or the Department of Insurance that the violation has been corrected or otherwise resolved, the Department shall vacate the order suspending a licensee’s license or the processing of an applicant’s application.
No license shall be suspended or revoked until after the licensee is afforded any due process protection guaranteed by statute or rule adopted by the Workers’ Compensation Commission or the Department of Insurance.
Upon receiving notice from the Illinois Workers’ Compensation Commission or the Department of Insurance that the violation has been corrected or otherwise resolved, the Department shall vacate the order suspending a licensee’s license or the processing of an applicant’s application.
No license shall be suspended or revoked until after the licensee is afforded any due process protection guaranteed by statute or rule adopted by the Workers’ Compensation Commission or the Department of Insurance.