Illinois Administrative Code

Section 1000.75 New Technology a) Any new technology that is issued a Certificate of Conformance under the Performance-Based Safety Code for Elevators and Escalators (ASME A17.7-2007/CSA (Canadian Standards Association) B44.7-07) must be presented to the Board. b) The manufacture…

Section 1000.80 Licensure and Registration Requirements a) Qualifications for Elevator Mechanic License, Limited Elevator Mechanic License or Temporary Limited Elevator Mechanic License 1) Elevator Mechanic License Section 20(a) of the Act states that no person shall erect, const…

Section 1000.90 Application for License or Registration a) Application Forms All applications for an elevator mechanic, limited elevator mechanic, temporary elevator mechanic, emergency elevator mechanic, elevator inspector, elevator contractor, limited elevator contractor, or el…

Section 2121.10 Definitions The following definitions shall apply to this Part: "Act" means the Boiler and Pressure Vessel Repairer Regulation Act [225 ILCS 203]. "Board" means the Board of Boiler and Pressure Vessel Rules. "Boiler and Pressure Vessel Repairer" means an organizat…

Section 2121.100 Renewals a) Subject to the terms of subsection (e), each license issued under the Act shall be issued for a period of three years. A renewal notice, along with the renewal forms, will be sent to the organization 90 days prior to the expiration date. Upon receipt …

Section 2121.20 Officer a) If the organization is a sole proprietorship, the owner of the organization or any person exercising managerial control shall be considered an officer. b) If the organization is a partnership, any partner who has at least 10% ownership interest or any p…

Section 2121.30 Application for License a) All applications for a license as a boiler or pressure vessel repairer, whether located in Illinois or out-of-state, shall be submitted to OSFM, on forms provided by OSFM, and shall include all the information required by this Section. 1…

Section 2121.40 Communication by Organization A boiler or pressure vessel repairer shall use in all communications only the organization name or tradestyle exactly as it appears on the organization's license issued by OSFM (e.g., ABC Boiler Repairer cannot use a name such as ABC …

Section 2121.50 Changes of Location of Offices If an organization changes the location of an existing office other than at the time of renewal, the organization shall notify OSFM in writing of the new address at least 30 days prior to the change of location and file the required …

Section 2121.60 Change of Ownership When 51% of the assets, stock or equity of a boiler or pressure vessel repairer organization are sold, a new boiler or pressure vessel repairer application shall be filed with OSFM in accordance with Section 2121.30. (Source: Amended at 35 Ill.…

Section 2121.70 Termination or Change in License a) The license shall terminate when the: 1) Organization ceases operation; 2) Organization ceases to operate under the name on the license; 3) Certificate of Insurance has expired or is nonrenewed or cancelled; 4) License is revoke…

Section 2121.80 Records and Documents to be Kept by Boiler or Pressure Vessel Repairer a) The current license shall be prominently displayed at the location where the organization conducts business. b) Records shall be maintained as required by 41 Ill. Adm. Code 2120. (Source: Am…

Section 2121.90 Availability of Books, Records, Forms and Stationery All books, records, forms and stationery associated with boiler or pressure vessel repair shall be made available to OSFM agents upon request. Failure or refusal by the organization to make these records availab…

Section 2123.10 Definitions "Civil Administrative Code of Illinois" means 20 ILCS 2905. "Board" means the Board of Boiler and Pressure Vessel Rules. "Discipline" means suspension, revocation, probation, refusal to issue or renew a Certificate of Registration. "Office" means the O…

Section 2123.100 Failure to Appear Failure to appear at the time and place set for hearing shall be deemed a waiver of the right to present evidence. After presentation by the Office of an offer of proof that the registrant was given proper notice, the Board shall make its recomm…

Section 2123.110 Amendment, Withdrawal of Complaints and Petitions for Hearing a) The Complaint may be amended at any time. An Amended Complaint may be filed in the same manner as a Complaint, or it may be presented to the Committee or hearing officer during the course of the hea…

Section 2123.120 Requirement of an Answer a) In all contested cases initiated by the Office, the registrant shall file an Answer within ten days after the date on which the Complaint was served. The Answer shall be in writing, signed by the registrant or his representative, and s…

Section 2123.130 Discovery a) Discovery shall not be the subject of motions presented to the Board or hearing officer, except when a motion is made alleging failure to comply with this Section, and requesting relief in the form of dismissal of the case or recommendation to the Bo…

Section 2123.140 Subpoenas a) The State Fire Marshal or his delegate will issue subpoenas for the attendance of witnesses or production of books, records, documents or other evidence. b) Any registrant or petitioner seeking issuance of a subpoena will apply in writing to the Offi…

Section 2123.150 Prehearing Conference a) After a case is initiated, upon the written motion of either party, or on its own motion, the Board or the hearing officer may direct the parties to attend a prehearing conference. b) Unless waived by the parties, the conference will be c…

Section 2123.160 Hearings The sequence to be followed for all contested cases is as follows: a) Preliminary Hearing. The purpose is to set a date on which all parties expect to be prepared and to rule on any preliminary motions which are presented. This may be eliminated by agree…

Section 2123.170 Hearing Officers a) The Board shall conduct the hearing or may appoint any attorney licensed to practice law in Illinois to serve as a hearing officer. b) The hearing officer may be empowered to conduct the hearing, question witnesses, make rulings on motions and…

Section 2123.180 Examination by the Board a) Any member of any Board Committee, or any hearing officer, may examine any witness. b) Either party may object to specific questions asked by the Board Committee or hearing officer, but it shall not be objectionable that a question vio…

Section 2123.190 Burden of Proof a) The burden of proof rests with the Office in all cases initiated by the Office by the filing of a Complaint. A recommendation for discipline may be made by the Board or hearing officer only where the Office establishes by clear and convincing e…

Section 2123.20 Initiation of a Contested Case by the Office a) A contested case is initiated by the Office when a Complaint and Notice are mailed to the licensee's last known address, postage prepaid. b) A Complaint shall be in writing, signed by the Chief Inspector, and shall i…

Section 2123.200 Documents a) Business records shall be admissible. A business record is: 1) Relevant; 2) A memorandum, report, record or data compilation; 3) Made by a person with first-hand knowledge of the facts; 4) Made at or near the time of the facts; 5) Made as part of the…

Section 2123.210 Motions a) Motions will be made in writing, unless otherwise allowed by the Board, hearing officer or Office, during the course of a hearing. Written motions are limited to the following: 1) To request dismissal of a Complaint, for failure to state facts which, i…

Section 2123.220 Evidence a) Except as otherwise provided herein, the rules of evidence applicable to all contested cases will be the rules of evidence which are applicable in civil cases in the State of Illinois. b) Hearsay is not admissible. In addition to any other exceptions …

Section 2123.230 Adverse Witness a) Any party or witness may be called as an adverse witness. In such a case, examination of the witness will be allowed as if under cross-examination. b) Upon a showing that a witness was called in good faith, and that the party calling the advers…

Section 2123.240 Board Reports a) In every contested case, the Board will file a written report which contains its Findings of Fact and Conclusions of Law with respect to the allegations contained in the Complaint or Petition and its decision. b) In a case initiated by the Office…

Section 2123.250 Severability If any Section, subsection, sentence or clause of this Part shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining portions thereof.

Section 2123.30 Initiation of a Contested Case by Petitioner a) A contested case is initiated by a petitioner when a Petition for Hearing is mailed to the Office, Attention: Chief Inspector, Boiler and Pressure Vessel Safety, 1035 Stevenson Drive, Springfield, IL 62703-4259, post…

Section 2123.40 Joinder In the interest of the efficient disposition of related cases, the Office may join cases relating to multiple respondents or petitioners without regard to whether the cases relate to the same license as long as the cases involve issues of law or fact which…

Section 2123.5 Applicability These rules shall apply to all hearings conducted under the jurisdiction of the Board pursuant to the Boiler and Pressure Vessel Safety Act and the Boiler and Pressure Vessel Repairer Regulation Act.

Section 2123.50 Form of Papers All papers filed or submitted to the Office or Board in a contested case shall be typewritten, on 8½ by 11 inch white paper. The first page of each document shall set forth the names of the parties and the docket number assigned to the case by the O…

Section 2123.60 Service a) Service of any document may be by mail or by personal delivery. Proof of service will be attached to the original of any document served. In the absence of evidence to the contrary, the date shown on the proof of service shall be deemed the date of serv…

Section 2123.70 Notice a) Notice shall include: 1) A statement of the date, time, place and nature of the hearing; 2) A statement of the legal authority and jurisdiction under which the hearing is to be held; and 3) Except where a more detailed statement is otherwise provided for…

Section 2123.80 Prehearing Negotiations a) The Board may form Committees of its members to participate in hearings, and along with the hearing officer, submit reports to the full Board. b) The Office and the respondent may stipulate to facts and may agree to discipline conditione…

Section 2123.90 Representation a) A party may be represented by an attorney who is licensed in Illinois. Attorneys who appear in a representative capacity must file written notice of appearance setting forth: 1) The name, address and telephone number of the attorney; 2) The name …

Section 2123.APPENDIX A Caption for a Case Filed by the Office STATE OF ILLINOIS OFFICE OF THE STATE FIRE MARSHAL OFFICE OF THE STATE FIRE MARSHAL ) of the State of Illinois, Complainant ) v. ) No. (Name of Respondent) (License Number) Respondent ) C O M P L A I N T

Section 625.10 Purpose The purpose of this Part is to provide for the selection of architect-engineer consultant firms on the basis of a comparative evaluation of professional and technical qualifications that are considered essential to satisfactorily performing the services req…

Section 625.100 Selection a) Voice Vote The Selection Committee shall review the rankings for the firms, as well as any of the additional information described in Section 625.80, and, by voice vote, reduce the number of firms under consideration to three (or fewer where fewer tha…

Section 625.110 Notification of Selections The Consultant Services Unit shall contact each first-choice firm that is selected by the Committee to inform it of its status and the ensuing negotiations. The name of the first-choice firm shall also be published in the next issue of t…

Section 625.120 Negotiations The Director of the requesting Division or Office or his designee shall conduct negotiations with the firm selected as first of the three choices. If negotiations cannot be successfully concluded as evidenced by an executed contract with that firm, th…

Section 625.130 Waivers, Modifications Any portion or all of this Part may be waived or modified by the Secretary of Transportation where such waiver or modification is consistent with good governmental procurement practices and is in the best interests of the State. Requests for…

Section 625.140 Complaint Procedure A complaint regarding any decision rendered by or action taken by any Division or Office of the Department pursuant to this Part may be filed with the Secretary of Transportation by submitting a written statement setting forth all the facts and…

Section 625.20 Applicability a) General The requirements of this Part are applicable to all architectural, engineering and land surveying services provided to the Department pursuant to contract unless provided otherwise in this Part. This Part is intended to cover all services a…

Section 625.30 Equal Employment Opportunity; Nondiscrimination; Affirmative Action It is the policy of the Department to execute and administer contracts hereunder in accordance with applicable State and Federal laws and regulations regarding nondiscrimination in the hiring of em…

Section 625.40 Prequalification All architect-engineer consultant firms desiring to provide services to the Department, whether as prime consultants or subconsultants, must be prequalified before any consideration can be given to their proposals. Prequalification must be obtained…

Section 625.50 Solicitation The official notice of the Department's needs for architectural or engineering services or any other services being procured hereunder shall be published in its Professional Service Bulletin. Such notice shall describe the requirements of each project …