Unlicensed Practice of Professional Engineering In Illinois

Can the Department of Professional Regulation Order an Individual to Cease and Desist from Unlicensed Practice of Professional Engineering ? In Van Breemen v. Department of Professional Regulation, 296 Ill. App. 3d 363, 694 N.E.2d 688, 230 Ill. Dec. 719 (1998), the Department of Professional Regulation solicited from the plaintiff a brochure that advertised his services as an expert witness. The plaintiff responded, detailing his education and work experience, which included engineering design, product development, failure analysis, and investigative procedure, and accentuating his forensic work and industrial-failure investigations. Van Breemen, 296 Ill. App. 3d at 366. Thereafter, the Department initiated a rule to show cause against the plaintiff to cease and desist from the unlicensed practice of professional engineering. Van Breemen, 296 Ill. App. 3d at 364. Following the receipt of the plaintiff's answer to the rule, the Department found that the plaintiff had failed to answer the rule to its satisfaction, and it concluded that the plaintiff was engaged in the unlicensed practice of professional engineering. Van Breemen, 296 Ill. App. 3d at 364-65. The Department ordered the plaintiff to cease and desist from the unlicensed practice of professional engineering. Van Breemen, 296 Ill. App. 3d at 365. The plaintiff then brought a complaint for judicial review of the administrative decision, and the trial court affirmed the Department's cease and desist order. Van Breemen, 296 Ill. App. 3d at 365. In affirming the trial court's judgment, the Court reviewed, inter alia, the sufficiency of the Department's findings and the validity of its conclusions.