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Article 10 - Licensing and Registration Provisions

 
    (225 ILCS 411/Art. 10 heading) Article 10. Licensing and Registration Provisions (Article scheduled to be repealed on January 1, 2021)(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑5)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑5. Restrictions and limitations. No person shall, without a valid license issued by the Department, (i) hold himself or herself out in any manner to the public as a licensed cemetery authority, licensed cemetery manager, or customer service employee; (ii) attach the title "licensed cemetery authority", "licensed cemetery manager", or "licensed customer service employee" to his or her name; (iii) render or offer to render services constituting the practice of cemetery operation; or (iv) accept care funds within the meaning of this Act or otherwise hold funds for care and maintenance unless such person is holding and managing funds on behalf of a cemetery authority and is authorized to conduct a trust business under the Corporate Fiduciary Act or the federal National Bank Act.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑10)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑10. Persons licensed under the Cemetery Care Act or Cemetery Association Act. A person acting as a licensed cemetery authority under the Cemetery Care Act or Cemetery Association Act prior to their repeal on March 1, 2012 must comply with those Acts until the Department takes action on the person's application for a cemetery authority license in accordance with this Act. The application for a cemetery authority license under this Article must be submitted to the Department within 9 months after the effective date of this Act. If the person fails to submit the application within this period, then the person shall be considered to be engaged in unlicensed practice and shall be subject to discipline in accordance with Article 25 of this Act.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑15)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑15. Persons not licensed under the Cemetery Care Act or the Cemetery Association Act. A cemetery manager, a customer service employee, or a person acting as a cemetery authority who was not required to obtain licensure prior to the effective date of this Act need not comply with the licensure requirement in this Article until the Department takes action on the person's application for a license. The application for a cemetery authority license must be submitted to the Department within 6 months after the effective date of this Act. For cemetery managers already working for a cemetery authority at the time of cemetery authority application for licensure, the application for a cemetery manager license must be submitted at the same time as the original application for licensure as a cemetery authority pursuant to this Section or Section 10‑10, whichever the case may be. Any applicant for licensure as a cemetery manager of a cemetery authority that is already licensed under this Act or that has a pending application for licensure under this Act must submit his or her application to the Department on or before his or her first day of work. The application for a customer service employee license must be submitted to the Department within 10 days after the cemetery authority for which he or she works becomes licensed under this Act or on or before his or her first day of work, whichever the case may be. If the person fails to submit the application within the required period, the person shall be considered to be engaged in unlicensed practice and shall be subject to discipline in accordance with Article 25 of this Act.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑20)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑20. Application for original license or exemption.
    (a) Applications for original licensure as a cemetery authority, cemetery manager, or customer service employee authorized by this Act, or application for exemption from licensure as a cemetery authority, shall be made to the Department on forms prescribed by the Department, which shall include the applicant's Social Security number or FEIN number, or both, and shall be accompanied by the required fee as set by rule. Applications for partial or full exemption from licensure as a cemetery authority shall be submitted to the Department within 12 months after the Department adopts rules under this Act. If the person fails to submit the application for partial or full exemption within this period, the person shall be subject to discipline in accordance with Article 25 of this Act. If a cemetery authority seeks to practice at more than one location, it shall meet all licensure requirements at each location as required by this Act and by rule, including submission of an application and fee. A person licensed as a cemetery manager or customer service employee need not submit a Worker's Statement in accordance with Section 10‑22 of this Act.
    (b) If the application for licensure as a cemetery authority does not claim a full exemption or partial exemption, then the cemetery authority license application shall be accompanied by a fidelity bond, proof of self‑insurance, or letter of credit in the amount required by rule. Such bond, self‑insurance, or letter of credit shall run to the Department for the benefit of the care funds held by such cemetery authority or by the trustee of the care funds of such cemetery authority. If care funds of a cemetery authority are held by any entity authorized to do a trust business under the Corporate Fiduciary Act or held by an investment company, then the Department shall waive the requirement of a bond, self‑insurance, or letter of credit as established by rule. If the Department finds at any time that the bond, self‑insurance or letter of credit is insecure or exhausted or otherwise doubtful, then an additional bond, form of self‑insurance, or letter of credit in like amount to be approved by the Department shall be filed by the cemetery authority applicant or licensee within 30 days after written demand is served upon the applicant or licensee by the Department. In addition, if the cemetery authority application does not claim a full exemption or partial exemption, then the license application shall be accompanied by proof of liability insurance, proof of self‑insurance, or a letter of credit in the amount required by rule. The procedure by which claims on the liability insurance, self‑insurance, or letter of credit are made and paid shall be determined by rule. Any bond obtained pursuant to this subsection shall be issued by a bonding company authorized to do business in this State. Any letter of credit obtained pursuant to this subsection shall be issued by a financial institution authorized to do business in this State. Maintaining the bonds, self‑insurance, or letters of credit required under this subsection is a continuing obligation for licensure. A bonding company may terminate a bond, a financial institution may terminate a letter of credit, or an insurance company may terminate liability insurance and avoid further liability by filing a 60‑day notice of termination with the Department and at the same time sending the same notice to the cemetery authority.
    (c) After initial licensure, if any person comes to obtain at least 51% of the ownership over the licensed cemetery authority, then the cemetery authority shall have to apply for a new license and receive licensure in the required time as set by rule. The current license remains in effect until the Department takes action on the application for a new license.
    (d) All applications shall contain the information that, in the judgment of the Department, will enable the Department to pass on the qualifications of the applicant for an exemption from licensure or for a license to practice as a cemetery authority, cemetery manager, or customer service employee as set by rule.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑21)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑21. Qualifications for licensure.
    (a) A cemetery authority shall apply for licensure on forms prescribed by the Department and pay the required fee. An applicant is qualified for licensure as a cemetery authority if the applicant meets all of the following qualifications:
        (1) The applicant is of good moral character and has

not committed any act or offense in any jurisdiction that would constitute the basis for discipline under this Act. In determining good moral character, 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 each principal, owner, member, officer, and shareholder holding 25% or more of corporate stock is to be of good moral character. Good moral character is a continuing requirement of licensure.

(2) The applicant provides evidence satisfactory to

the Department that the applicant has financial resources sufficient to comply with the maintenance and record‑keeping provisions in Section 20‑5 of this Act. Maintaining sufficient financial resources is a continuing requirement for licensure.

(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. 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.

(4) The applicant submits his or her fingerprints in

accordance with subsection (c) of this Section.

(5) The applicant has complied with all other

requirements of this Act and the rules adopted for the implementation of this Act.

(b) The cemetery manager and customer service employees of a licensed cemetery authority shall apply for licensure as a cemetery manager or customer service employee on forms prescribed by the Department and pay the required fee. 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) Is of good moral character. Good moral character

is a continuing requirement of licensure. In determining good moral character, 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) Submits his or her fingerprints in accordance

with subsection (c) of this Section.

(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) Successfully passes the examination authorized by

the Department for cemetery manager or customer service employee, whichever is applicable.

(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.

(8) Can be reasonably expected to treat consumers

professionally, fairly, and ethically.

(9) 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 have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information that is prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department may require applicants to pay a separate fingerprinting fee, either to the Department or directly to a designated fingerprint vendor. The Department, in its discretion, may allow an applicant who does not have reasonable access to a designated fingerprint vendor to provide his or her fingerprints in an alternative manner. The Department, in its discretion, may also use other procedures in performing or obtaining criminal background checks of applicants. Instead of submitting his or her fingerprints, an individual may submit proof that is satisfactory to the Department that an equivalent security clearance has been conducted. If the applicant for a cemetery authority license 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 shall have his or her fingerprints submitted in accordance with this subsection (c). (Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑22)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑22. Worker's Statement.
    (a) (1) No cemetery worker shall perform work at the cemetery of a licensed cemetery authority without submitting a Worker's Statement on or before the first day the cemetery worker commences work at the cemetery. No licensed cemetery authority shall allow a cemetery worker to perform work at his or her cemetery without submitting a Worker's Statement on or before the first day the cemetery worker commences work at the cemetery. The Worker's Statement shall be on forms prescribed by the Department and shall set forth the following:
            (i) The individual's full name, age, and

residence address.

(ii) The individual's work history for the 5

years immediately preceding the date of the execution of the statement, the place where the business or occupation was engaged in, and the names of employers, if any.

(iii) That the individual has not had licensure

as a cemetery authority, cemetery manager, or customer service employee denied, revoked, or suspended under this Act within the previous year.

(iv) Any declaration of incompetence by a court

of competent jurisdiction that has not been restored.

(2) The cemetery authority shall retain a copy of the

Worker's Statement and shall transmit a copy to the Department. A cemetery authority, however, shall not transmit copies of Worker's Statements until the cemetery authority receives a license under this Act. The Department shall issue a cemetery worker card or other record of acknowledgment to an individual who submits a Worker's Statement, but in no event shall the Department impose a fee to comply with the requirements of this Section.

(b) Each cemetery authority shall maintain a record of

each cemetery worker that is accessible to the Department. The record shall contain the following information:

(1) A photograph taken within 10 days of the date

that the cemetery worker commences work with the cemetery authority. The photograph shall be replaced with a current photograph no later than 4 calendar years after the date on which the cemetery worker commences work and every 4 years thereafter. The photo may consist of the worker's driver's license.

(2) The Worker's Statement specified in subsection

(a) of this Section.

(3) All correspondence or documents relating to the

character and integrity of the cemetery worker received by the cemetery authority from any former employer, cemetery association, government agency, or law enforcement agency.

(c) A cemetery authority may furnish a worker identification card to each cemetery worker. If the cemetery authority issues worker identification cards, then it shall confiscate the worker identification card of any worker whose employment or contract is terminated. (Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑23)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑23. Code of Professional Conduct and Ethics. The Department shall adopt a Code of Professional Conduct and Ethics by rule. Cemetery authorities, cemetery managers, and customer service employees shall abide by the Code of Professional Conduct and Ethics.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑25)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑25. Examination; failure or refusal to take the examination.
    (a) The Department shall authorize examinations of cemetery manager and customer service employee applicants at such times and places as it may determine. The examinations shall fairly test an applicant's qualifications to practice as cemetery manager or customer service employee, whatever the case may be, and knowledge of the theory and practice of cemetery operation and management or cemetery customer service, whichever is applicable. The examination shall further test the extent to which the applicant understands and appreciates that the final disposal of a deceased human body should be attended with appropriate observance and understanding, having due regard and respect for the reverent care of the human body and for those bereaved and for the overall spiritual dignity of an individual.
    (a‑5) The examinations for cemetery manager and customer service employee shall be appropriate for cemetery professionals and shall not cover mortuary science.
    (a‑10) The examinations for cemetery manager and customer service employee applicants shall be tiered, as determined by rule, to account for the different amount of knowledge needed by such applicants depending on their job duties and the number of interments, inurnments, and entombments per year at the cemetery at which they work.
    (b) Applicants for examinations shall pay, either to the Department or to 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 application for examination has been received and acknowledged by the Department or the designated testing service shall result in forfeiture of the examination fee.
    (c) If the applicant neglects, fails, or refuses to take an examination or fails to pass an examination for a license under this Act within one year after filing an application, then the application shall be denied. However, the applicant may thereafter submit a new application accompanied by the required fee. The applicant shall meet the requirements in force at the time of making the new application.
    (d) The Department may employ consultants for the purpose of preparing and conducting examinations.
    (e) The Department shall have the authority to adopt or recognize, in part or in whole, examinations prepared, administered, or graded by other organizations in the cemetery industry that are determined appropriate to measure the qualifications of an applicant for licensure.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑30)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑30. Continuing education. The Department shall adopt rules for continuing education of cemetery managers and customer service employees. The continuing education requirements for cemetery managers and customer service employees shall be tiered, as determined by rule, to account for the different amount of knowledge needed by such applicants depending on their job duties and the number of interments, inurnments, and entombments per year at the cemetery at which they work. The Department shall strive to keep the costs of any continuing education program imposed on a cemetery authority minimal. The requirements of this Section apply to any person seeking renewal or restoration under Section 10‑40 of this Act.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑40)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑40. Expiration and renewal of license. The expiration date, renewal period, and other requirements for each license shall be set by rule.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑45)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑45. Transfer or sale, preservation of license, liability for shortage.
    (a) In the case of a sale of any cemetery or any part thereof or of any related personal property by a cemetery authority to a purchaser or pursuant to foreclosure proceedings, except the sale of burial rights, services, or merchandise to a person for his or her personal or family burial or interment, the purchaser is liable for any shortages existing before or after the sale in the care funds required to be maintained in a trust pursuant to this Act and shall honor all instruments issued under Article 15 of this Act for that cemetery. Any shortages existing in the care funds constitute a prior lien in favor of the trust for the total value of the shortages and notice of such lien shall be provided in all sales instruments.
    (b) In the event of a sale or transfer of all or substantially all of the assets of the cemetery authority, the sale or transfer of the controlling interest of the corporate stock of the cemetery authority, if the cemetery authority is a corporation, or the sale or transfer of the controlling interest of the partnership, if the cemetery authority is a partnership, or the sale or transfer of the controlling membership, if the cemetery authority is a limited liability company, the cemetery authority shall, at least 30 days prior to the sale or transfer, notify the Department, in writing, of the pending date of sale or transfer so as to permit the Department to audit the books and records of the cemetery authority. The audit must be commenced within 10 business days of the receipt of the notification and completed within the 30‑day notification period unless the Department notifies the cemetery authority during that period that there is a basis for determining a deficiency that will require additional time to finalize. The sale or transfer may not be completed by the cemetery authority unless and until:
        (1) the Department has completed the audit of the

cemetery authority's books and records;

(2) any delinquency existing in the care funds has

been paid by the cemetery authority or arrangements satisfactory to the Department have been made by the cemetery authority on the sale or transfer for the payment of any delinquency; and

(3) the Department issues a new cemetery authority

license upon application of the newly controlled corporation or partnership, which license must be applied for at least 30 days prior to the anticipated date of the sale or transfer, subject to the payment of any delinquencies, if any, as stated in item (2) of this subsection (b).

(c) In the event of a sale or transfer of any cemetery land, including any portion of cemetery land in which no human remains have been interred, a licensee shall, at least 45 days prior to the sale or transfer, notify the Department, in writing, of the pending sale or transfer. With the notification, the cemetery authority shall submit information to the Department, which may include a copy of a portion of the cemetery map showing the land to be sold or transferred, to enable the Department to determine whether any human remains are interred, inurned, or entombed within the land to be sold or transferred and whether consumers have rights of interment, inurnment, or entombment within the land to be sold or transferred.     (d) For purposes of this Section, a person who acquires the cemetery through a real estate foreclosure shall be subject to the provisions of this Section pertaining to the purchaser, including licensure. (Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑50)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑50. Dissolution. Where any licensed cemetery authority or any trustee thereof has accepted care funds within the meaning of this Act, and dissolution is sought by such cemetery authority in any manner, by resolution of such cemetery authority, or the trustees thereof, notice shall be given to the Department of such intention to dissolve and proper disposition shall be made of the care funds so held for the general benefit of such lot owners by or for the benefit of such cemetery authority, as provided by law, or in accordance with the trust provisions of any gift, grant, contribution, payment, legacy, or pursuant to any contract whereby such funds were created. The Department, represented by the Attorney General, may apply to the circuit court for the appointment of a receiver, trustee, successor in trust, or for directions of such court as to the proper disposition to be made of such care funds, to the end that the uses and purposes for which such trust or care funds were created may be accomplished, and for proper continued operation of the cemetery.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑55)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑55. Fees.
    (a) Except as provided in subsection (b) of this Section, the fees for the administration and enforcement of this Act, including, but not limited to, original licensure, renewal, and restoration fees, shall be set by the Department by rule. The fees shall be reasonable and shall not be refundable.
    (b) Applicants for examination shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination.
    (c) All fees and other moneys collected under this Act shall be deposited in the Cemetery Oversight Licensing and Disciplinary Fund.
(Source: P.A. 96‑863, eff. 3‑1‑10.)

    (225 ILCS 411/10‑60)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10‑60. Returned checks; fines. 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 for unlicensed practice or practice on a non‑renewed 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 deny the application, without hearing.
    If, after termination or denial, the person seeks a license, then he or she shall apply to the Department for restoration or issuance of the license 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 to pay all expenses of processing this application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 96‑863, eff. 3‑1‑10.)