Short title
Short title. This Act may be cited as the Radon Industry Licensing Act. (Source: P.A. 90-262, eff. 7-30-97.)
Illinois · statute · 420 ILCS 44 · 21 active provisions
Short title. This Act may be cited as the Radon Industry Licensing Act. (Source: P.A. 90-262, eff. 7-30-97.)
Legislative declaration. The General Assembly declares that it is in the interest of the people of Illinois to establish a comprehensive program for determining the extent to which radon and radon progeny are present in dwellings and other buildings in Illinois at concentrations that pose a potential risk to the occupa…
Primary responsibility with Agency. The Agency shall have primary responsibility for coordination, oversight, and implementation of all State functions in matters concerning the presence, effects, measurement, and mitigation of risks of radon and radon progeny in dwellings and other buildings. The Department of Natural…
Definitions. As used in this Act, unless the context requires otherwise: (a) "Agency" or "IEMA-OHS" means the Illinois Emergency Management Agency and Office of Homeland Security, or its successor agency. (b) "Client" means any person who contracts for measurement or mitigation services. (c) "Director" means the Direct…
General powers. (a) The Agency may undertake projects to determine whether and to what extent radon and radon progeny are present in dwellings and other buildings, to determine to what extent their presence constitutes a risk to public health, and to determine what measures are effective in reducing and preventing the…
License requirement. Beginning January 1, 1998, no person shall sell a device or perform a service for compensation to detect the presence of radon or radon progeny in the indoor atmosphere, perform laboratory analysis, or perform a service to reduce the presence of radon or radon progeny in the indoor atmosphere unles…
Approval of radon sampling and measurement devices for radon contractors. No person shall sell a device in this State to a radon contractor for use in licensed activities to detect the presence of radon or radon progeny in the indoor atmosphere without prior approval of the device from the Agency. All electronic radon…
Reporting of information. Within 45 days after testing for radon or radon progeny, a person performing the testing shall report to his or her client the results of the testing. In addition, if the client is not the owner or occupant of the building, a person shall report to the owner or occupant upon request. To the ex…
Penalties. (a) A person required to be licensed under Section 25 of this Act who sells a device or performs a service without being properly licensed under this Act may be assessed a civil penalty by the Agency not to the exclusion of any other penalty authorized by law in an amount not to exceed $5,000, for each offen…
Interference. No person shall interfere with or cause another person to interfere with the successful completion of a radon measurement or the installation or operation of a radon mitigation system. This Section applies to persons required to be licensed under this Act and to persons not required to be licensed under t…
Grounds for disciplinary action. The Agency may refuse to issue or to renew, or may revoke, suspend, or take other disciplinary action as the Agency may deem proper, including fines not to exceed $1,000 for each violation, with regard to any license for any one or combination of the following causes: (a) Violation of t…
Applicant convictions. (a) The Agency shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for a license under this Act: (1) Juvenile adjudications of delinquent minors as defined in Section 5-105 of the Juvenile…
Summary suspension. The Director may summarily suspend the license of a radon contractor without a hearing, simultaneously with the institution of proceedings for a hearing, if the Director finds that evidence in his or her possession indicates that continuation of the contractor in practice would constitute an imminen…
Subpoena power; witness fees; enforcement; punishment. (a) The Agency, by its Assistant Director or a person designated by the Assistant Director, may, at the Assistant Director's instance or on the written request of another party to an administrative proceeding or investigation administered under this Act or any othe…
Liability. The Agency and other persons under contract or agreement with the Agency under this Act, and their officers, agents, and employees, shall not be liable for conduct in the course of administering or enforcing this Act unless the conduct was malicious. (Source: P.A. 94-369, eff. 7-29-05.)
Deposit of moneys. All moneys received by the Agency under this Act shall be deposited into the Radiation Protection Fund and are not refundable. Moneys deposited into the Fund may be used by the Agency, pursuant to appropriation, for the administration and enforcement of this Act. (Source: P.A. 94-369, eff. 7-29-05.)
Illinois Administrative Procedure Act. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Agency under this Act, except that Section 5-35 of the Illinois Administrative Procedure Act, relating to procedures for rulem…
Administrative Review Law. All final administrative decisions of the Agency under this Act shall be subject to judicial review under the provisions of the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. (Source: P.A. 94-369, eff.…
(Amendatory provisions; text omitted). (Source: P.A. 90-262, eff. 7-30-97; text omitted.)
(Amendatory provisions; text omitted). (Source: P.A. 90-262, eff. 7-30-97; text omitted.)
Effective date. This Act takes effect upon becoming law. (Source: P.A. 90-262, eff. 7-30-97.)