225 ILCS 415/ Illinois Certified Shorthand Reporters Act of 1984.
(225 ILCS 415/1) (from Ch. 111, par. 6201) (Section scheduled to be repealed on January 1, 2014) Sec. 1. The practice of shorthand reporting in the State of Illinois is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest. This Act is designed to encourage proficiency in the practice of shorthand reporting as a profession; to promote efficiency in court and general reporting; and to extend to the public the protection afforded by a standardized profession by establishing a standard of competency for certified shorthand reporters. It is further declared that, in order for the practice of shorthand reporting as defined in this Act to merit and receive the confidence of the public, only qualified persons shall be authorized to practice shorthand reporting in the State of Illinois. This Act shall be liberally construed to best carry out these subjects and purposes. (Source: P.A. 83‑73.) |
(225 ILCS 415/2) (from Ch. 111, par. 6202) (Section scheduled to be repealed on January 1, 2014) Sec. 2. This Act may be cited as the Illinois Certified Shorthand Reporters Act of 1984. (Source: P.A. 87‑481.) |
(225 ILCS 415/3) (from Ch. 111, par. 6203) (Section scheduled to be repealed on January 1, 2014) Sec. 3. No person may practice shorthand reporting on a temporary or permanent basis in this State without being certified under this Act. This Act does not prohibit any non‑resident practicing shorthand reporter from practicing shorthand reporting in this State on a purely temporary basis with reference to one single proceeding. (Source: P.A. 87‑481; 87‑576.) |
(225 ILCS 415/3.5) (Section scheduled to be repealed on January 1, 2014) Sec. 3.5. Uncertified practice; violation; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a shorthand reporter without being certified 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 $5,000 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 provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee. (b) The Department has the authority and power to investigate any and all 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 execution had thereon in the same manner as any judgment from any court of record. (Source: P.A. 89‑474, eff. 6‑18‑96.) |
(225 ILCS 415/4) (from Ch. 111, par. 6204) (Section scheduled to be repealed on January 1, 2014) Sec. 4. In this Act: (1) "Department" means the Department of Professional Regulation. (2) "Director" means the Director of Professional Regulation. (3) "Board" means the Certified Shorthand Reporters Board appointed by the Director. (4) "The practice of shorthand reporting" means reporting, by the use of any system of manual or mechanical shorthand writing, of Grand Jury proceedings, court proceedings, court related proceedings, pretrial examinations, depositions, motions and related proceedings of like character, or proceedings of an administrative agency when the final decision of the agency with reference thereto is likely to be subject to judicial review under the provisions of the Administrative Review Law. (5) "Shorthand reporter" means a person who is technically qualified and certified under this Act to practice shorthand reporting. (6) "Stenographic notes" means the original notes by manual or mechanical shorthand or shorthand writing taken by a shorthand reporter of a proceeding while in attendance at such proceeding for the purpose of reporting the same. (Source: P.A. 87‑481; 87‑576.) |
(225 ILCS 415/5) (from Ch. 111, par. 6205) (Section scheduled to be repealed on January 1, 2014) Sec. 5. Title. Every person to whom a valid existing certificate as a certified shorthand reporter has been issued under this Act shall be designated as a Certified Shorthand Reporter and not otherwise, and any such certified shorthand reporter may, in connection with his or her practice of shorthand reporting, use the abbreviation "C.S.R." or the title "Court Reporter". No person other than the holder of a valid existing certificate under this Act shall use the title or designation of "Certified Shorthand Reporter", "Court Reporter", or "C.S.R.", either directly or indirectly in connection with his or her profession or business. (Source: P.A. 90‑49, eff. 7‑3‑97.) |
(225 ILCS 415/7) (from Ch. 111, par. 6207) (Section scheduled to be repealed on January 1, 2014) Sec. 7. (a) The Department shall exercise the powers and duties prescribed by The Civil Administrative Code of Illinois for the administration of licensing Acts and shall exercise such other powers and duties necessary for effectuating the purposes of this Act. (b) The Director may promulgate rules consistent with the provisions of this Act for the administration and enforcement thereof, and for the payment of fees connected therewith, and may prescribe forms which shall be issued in connection therewith. The rules shall include standards and criteria for licensure and professional conduct and discipline. The Department shall consult with the Board in promulgating rules. Notice of proposed rulemaking shall be transmitted to the Board and the Department shall review the Board's response and any recommendations made therein. The Department shall notify the Board in writing with proper explanation of deviations from the Board's recommendations and responses. (c) The Department may at any time seek the advice and the expert knowledge of the Board on any matter relating to the administration of this Act. (d) The Department shall issue quarterly a report to the Board of the status of all complaints related to the profession filed with the Department. (Source: P.A. 83‑73.) |
(225 ILCS 415/8) (from Ch. 111, par. 6208) (Section scheduled to be repealed on January 1, 2014) Sec. 8. The Director shall appoint a certified Shorthand Reporters Board as follows: 7 persons who shall be appointed by and shall serve in an advisory capacity to the Director. Six members must be certified shorthand reporters, in good standing, and actively engaged in the practice of shorthand reporting in this State for ten years, and one member must be a member of the public who is not certified under this Act, or a similar Act of another jurisdiction. Members shall serve 4 year terms and until their successors are appointed and qualified, except that of the initial appointments, one member shall be appointed to serve for one year, 2 shall be appointed to serve for 2 years, 2 shall be appointed to serve for 3 years, and the remaining one, who shall be the public member, shall be appointed to serve for 4 years, until their successors are appointed and qualified. No member shall be reappointed to the Board for a term that would cause his continuous service on the Board to be longer than 8 successive years. Service prior to the effective date of this amendatory Act of 1991 shall be considered. Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term. Initial terms shall begin upon the effective date of this Act. The membership of the Board should reasonably reflect representation from the geographic areas in this State. In making appointments to the Board, the Director shall give consideration to recommendations by national and State organizations of the shorthand reporter profession and shall promptly give notice to such organizations of any vacancy in the membership of the Board. The Director may terminate the appointment of any member for cause which in the opinion of the Director reasonably justifies such termination. The Director shall consider the recommendations of the Board on questions involving standards of professional conduct, discipline and qualifications of candidates and certificate holders under this Act. The Director may remove any member who fails to attend 3 consecutive meetings unless the member has a medical excuse. (Source: P.A. 91‑827, eff. 6‑13‑00.) |
(225 ILCS 415/9) (from Ch. 111, par. 6209) (Section scheduled to be repealed on January 1, 2014) Sec. 9. Applications for original certificates shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. Any such application shall require such information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for certification. In determining competency, the Department shall require proof that the applicant has a good understanding of the English language, including reading, spelling and vocabulary, and that the applicant has sufficient ability to accurately report any of the matters comprising the practice of shorthand reporting as herein defined, by the use of any system of manual or mechanical shorthand or shorthand writing, and a clear understanding of obligations between a shorthand reporter and the parties to any proceedings reported, as well as the provisions of this Act. (Source: P.A. 83‑73.) |
(225 ILCS 415/10) (from Ch. 111, par. 6210) (Section scheduled to be repealed on January 1, 2014) Sec. 10. The Department shall authorize examinations at least annually and at such time and place as it may designate. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice shorthand reporting. Applicants for examination as certified shorthand reporters shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee. If an applicant neglects, fails or refuses to take the next available examination offered or fails to pass an examination for certification under this Act, the application shall be denied. If an applicant for examination for certification under this Act fails to pass the examination within 3 years after filing his application, the application shall be denied. However, such applicant may thereafter make a new application accompanied by the required fee. The Department may employ consultants for the purpose of preparing and conducting examinations. An applicant has one year from the date of notification of successful completion of the examination to apply to the Department for a license. If an applicant fails to apply within one year, the applicant shall be required to take and pass the examination again unless licensed in another jurisdiction of the United States within one year of passing the examination. (Source: P.A. 86‑615.) |
(225 ILCS 415/11) (from Ch. 111, par. 6211) (Section scheduled to be repealed on January 1, 2014) Sec. 11. A person shall be qualified for certification as a certified shorthand reporter if: A. That person has applied in writing in form and substance to the Department; and (1) (Blank); (2) Is of good moral character, the determination of | ||
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(3) Has graduated from a high school or secondary | ||
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B. That person has successfully completed the examination authorized by the Department. (Source: P.A. 89‑387, eff. 8‑20‑95.) |
(225 ILCS 415/12) (from Ch. 111, par. 6212) (Section scheduled to be repealed on January 1, 2014) Sec. 12. No person shall, after the effective date of this Act, begin to practice in this State or hold himself out as being able to practice shorthand reporting unless he is certified in accordance with the provisions of this Act. (Source: P.A. 83‑73.) |
(225 ILCS 415/13) (from Ch. 111, par. 6213) (Section scheduled to be repealed on January 1, 2014) Sec. 13. No action or suit shall be instituted, nor recovery therein be had, in any court of this State by any person for compensation for any act done or service rendered, the doing or rendering of which is prohibited under the provisions of this Act to other than certified shorthand reporters. (Source: P.A. 83‑73.) |
(225 ILCS 415/14) (from Ch. 111, par. 6214) (Section scheduled to be repealed on January 1, 2014) Sec. 14. The expiration date and renewal period for each certificate issued under this Act shall be set by rule. Any certified shorthand reporter who has permitted his certificate to expire or who has had his certificate on inactive status may have his certificate restored by making application to the Department, filing proof acceptable to the Department of his fitness to have his certificate restored and paying the required restoration fee. The Department may consider a certificate expired less than 5 years as prima facie evidence that the applicant is fit. If a certificate has expired or has been placed on inactive status and the applicant has practiced in another jurisdiction during such period, satisfactory proof of fitness may include sworn evidence certifying to active practice in another jurisdiction. If the certified shorthand reporter has not maintained an active practice in another jurisdiction satisfactory to the Department, the Department shall determine, by an evaluation program established by rule, his fitness to resume active status and may require the certified shorthand reporter to successfully complete a practical examination. However, any certified shorthand reporter whose certificate expired while he was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his certificate renewed or restored without paying any lapsed renewal fees if within 2 years after termination of such service, training or education except under conditions other than honorable, he furnished the Department with satisfactory evidence to the effect that he has been so engaged and that his service, training or education has been so terminated. (Source: P.A. 84‑427.) |
(225 ILCS 415/15) (from Ch. 111, par. 6215) (Section scheduled to be repealed on January 1, 2014) Sec. 15. Any certified shorthand reporter who notifies the Department in writing on forms prescribed by the Department, may elect to place his certificate on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he notifies the Department in writing of his desire to resume active status. Any certified shorthand reporter requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his certificate, as provided in Section 14. Any certified shorthand reporter whose certificate is in an inactive status shall not practice shorthand reporting in the State of Illinois. (Source: P.A. 83‑73.) |
(225 ILCS 415/16) (from Ch. 111, par. 6216) (Section scheduled to be repealed on January 1, 2014) Sec. 16. The Department shall register as a certified shorthand reporter, without examination, on payment of the required fee, an applicant who is a certified shorthand reporter registered under the laws of another jurisdiction, if the requirements for certification of certified shorthand reporters in that jurisdiction were, at the date of his certification, substantially equivalent to the requirements in force in this State on that date. Applicants have 3 years from the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee forfeited and the applicant must reapply and meet the requirements in effect at the time of reapplication. (Source: P.A. 86‑615; 87‑481; 87‑576.) |
(225 ILCS 415/17) (from Ch. 111, par. 6217) (Section scheduled to be repealed on January 1, 2004) Sec. 17. Fees; returned checks; expiration while in military. (a) The fees for the administration and enforcement of this Act, including but not limited to, original certification, renewal and restoration, shall be set by rule. (b) Beginning July 1, 2003, all of the fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund. (c) 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 prohibiting 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 certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate 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 or certificate to pay all expenses of processing this application. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome. However, any person whose license has expired while he has been engaged (l) in federal or state service active duty, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed, reinstated or restored without paying any lapsed renewal and restoration fees, if within 2 years after termination of such service, training or education other than by dishonorable discharge, he furnishes the Department with satisfactory proof that he has been so engaged and that his service, training or education has been so terminated. (Source: P.A. 92‑146, eff. 1‑1‑02; 93‑32, eff. 7‑1‑03; 93‑460, eff. 8‑8‑03.) |
(225 ILCS 415/18) (from Ch. 111, par. 6218) (Section scheduled to be repealed on January 1, 2014) Sec. 18. The Department shall maintain a roster of the names and addresses of all certificate holders and of all persons whose certificates have been suspended, revoked or placed on inactive or nonrenewed status within the previous year. This roster shall be available upon written request and payment of the required fee. (Source: P.A. 83‑73.) |
(225 ILCS 415/19) (from Ch. 111, par. 6219) (Section scheduled to be repealed on January 1, 2014) Sec. 19. Any person certified under this Act may advertise the availability of professional services in the public media or on the premises where such professional services are rendered as permitted by law, on the condition that such advertising is truthful and not misleading and is in conformity with rules promulgated by the Department. (Source: P.A. 83‑73.) |
(225 ILCS 415/20) (from Ch. 111, par. 6220) (Section scheduled to be repealed on January 1, 2014) Sec. 20. Nothing in this Act shall restrict certificate holders from forming professional service corporations under the provisions of the Professional Service Corporation Act. (Source: P.A. 83‑73.) |
(225 ILCS 415/21) (from Ch. 111, par. 6221) (Section scheduled to be repealed on January 1, 2014) Sec. 21. Any person who is the holder of an individual certificate as a certified shorthand reporter heretofore issued under any prior Act, registering certified shorthand reporters in this State and valid on the effective date of this Act, shall be deemed to be certified under this Act and shall be subject to the same rights and obligations as persons originally certified under this Act. (Source: P.A. 83‑73.) |
(225 ILCS 415/22) (from Ch. 111, par. 6222) (Section scheduled to be repealed on January 1, 2014) Sec. 22. No proceedings to revoke or suspend any license shall abate by reason of the passage of this Act. The Department may revoke or suspend a certificate on account of any act or circumstance occurring before this Act shall take effect, if such act or circumstance is a ground for revocation or suspension under the provisions of the law in effect at the time of such act or circumstance, and such act or circumstance if it occurred after this Act shall take effect would be a ground for revocation or suspension under Section 23 of this Act. (Source: P.A. 83‑73.) |
(225 ILCS 415/23) (from Ch. 111, par. 6223) (Section scheduled to be repealed on January 1, 2014) Sec. 23. Grounds for disciplinary action. (a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand or take other disciplinary action as the Department may deem appropriate, including fines not to exceed $5,000 for each violation, with regard to any license for any one or combination of the following: (1) Material misstatement in furnishing information | ||
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(2) Violations of this Act, or of the rules | ||
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(3) Conviction of any crime under the laws of the | ||
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(4) Making any misrepresentation for the purpose of | ||
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(5) Having demonstrated unworthiness, or | ||
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(6) Aiding or assisting another person, firm, | ||
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