Illinois Compiled Statutes 225 ILCS 411/10-21 – Qualifications for licensure
Current as of: 2024 | Check for updates
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(a) An applicant is qualified for licensure as a cemetery authority if the applicant meets all of the following qualifications:
(1) The applicant has not committed any act or
(1) The applicant has not committed any act or
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offense in any jurisdiction that would constitute the basis for discipline under this Act. When considering such license, the Department shall take into consideration the following:
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(A) the applicant’s record of compliance with the
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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;
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(B) whether the applicant has been adjudicated,
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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;
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(C) whether the applicant has willfully violated
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any provision of this Act or a predecessor law or any regulations relating thereto;
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(D) whether the applicant has been permanently or
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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
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(E) whether the applicant has ever had any
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license to practice any profession or occupation suspended, denied, fined, or otherwise acted against or disciplined by the applicable licensing authority.
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If the applicant is a corporation, limited liability
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company, partnership, or other entity permitted by law, then the Department shall determine whether each principal, owner, member, officer, and shareholder holding 25% or more of corporate stock has met the requirements of this item (1) of subsection (a) of this Section.
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(2) The applicant must provide a statement of its
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assets and liabilities to the Department.
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(3) The applicant has not, within the preceding 10
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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 that is directly related to the practice of cemetery operations. 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 that is directly related to the practice of cemetery operations.
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(4) The applicant shall authorize the Department to
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conduct a criminal background check that does not involve fingerprinting.
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(5) In the case of a person or entity applying for
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renewal of his, her, or its license, the applicant has complied with all other requirements of this Act and the rules adopted for the implementation of this Act.
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(b) A person is qualified for licensure as a cemetery manager or customer service employee if he or she meets all of the following requirements:
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-25
(1) Is at least 18 years of age.
(2) Has acted in an ethical manner as set forth in
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class X felony | between 6 and 30 years | up to $25,000 |
Terms Used In Illinois Compiled Statutes 225 ILCS 411/10-21
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- 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.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(1) Is at least 18 years of age.
(2) Has acted in an ethical manner as set forth in
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Section 10-23 of this Act. In determining qualifications of licensure, the Department shall take into consideration the factors outlined in item (1) of subsection (a) of this Section.
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(3) Submits proof of successful completion of a high
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school education or its equivalent as established by rule.
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(4) The applicant shall authorize the Department to
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conduct a criminal background check that does not involve fingerprinting.
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(5) Has not committed a violation of this Act or any
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rules adopted under this Act that, in the opinion of the Department, renders the applicant unqualified to be a cemetery manager.
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(6) Submits proof of successful completion of a
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certification course recognized by the Department for a cemetery manager or customer service employee, whichever the case may be.
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(7) Has not, within the preceding 10 years, been
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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 that is directly related to the practice of cemetery operations.
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(8) (Blank).
(9) In the case of a person applying for renewal of
(9) In the case of a person applying for renewal of
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his or her license, has complied with all other requirements of this Act and the rules adopted for implementation of this Act.
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(c) Each applicant for a cemetery authority, cemetery manager, or customer service employee license shall authorize the Department to conduct a criminal background check that does not involve fingerprinting. The Department must, in turn, conduct the criminal background check on each applicant. The Department shall adopt rules to implement this subsection (c), but in no event shall the Department impose a fee upon the applicant for the background check.