IL
Illinois House Bill HB2207

Illinois 2023-2024 Regular Session

Illinois House Bill HB2207 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2207 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: See Index Amends the Auction License Act, the Community Association Manager Licensing and Disciplinary Act, Home Inspector License Act, Real Estate License Act of 2000, Real Estate Appraiser Licensing Act of 2002, and the Appraisal Management Company Registration Act. Makes changes in provisions including: definitions; expiration, renewal, and continuing education; restoration; fees and disposition of funds; disciplinary actions and grounds; investigations, notice, and hearing; findings and recommendations; restoration of license; scope and standards of practice; and the various relevant boards. Provides for cease and desist orders, statute of limitations, licensing of auction schools, and course approval in the Auction License Act. Makes other changes. LRB103 27667 AMQ 54044 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2207 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: See Index See Index Amends the Auction License Act, the Community Association Manager Licensing and Disciplinary Act, Home Inspector License Act, Real Estate License Act of 2000, Real Estate Appraiser Licensing Act of 2002, and the Appraisal Management Company Registration Act. Makes changes in provisions including: definitions; expiration, renewal, and continuing education; restoration; fees and disposition of funds; disciplinary actions and grounds; investigations, notice, and hearing; findings and recommendations; restoration of license; scope and standards of practice; and the various relevant boards. Provides for cease and desist orders, statute of limitations, licensing of auction schools, and course approval in the Auction License Act. Makes other changes. LRB103 27667 AMQ 54044 b LRB103 27667 AMQ 54044 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2207 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
3+See Index See Index
4+See Index
5+Amends the Auction License Act, the Community Association Manager Licensing and Disciplinary Act, Home Inspector License Act, Real Estate License Act of 2000, Real Estate Appraiser Licensing Act of 2002, and the Appraisal Management Company Registration Act. Makes changes in provisions including: definitions; expiration, renewal, and continuing education; restoration; fees and disposition of funds; disciplinary actions and grounds; investigations, notice, and hearing; findings and recommendations; restoration of license; scope and standards of practice; and the various relevant boards. Provides for cease and desist orders, statute of limitations, licensing of auction schools, and course approval in the Auction License Act. Makes other changes.
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311 1 AN ACT concerning regulation.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Auction License Act is amended by changing
715 5 Sections 10-30, 10-40, 10-50, 20-15, 20-43, 20-50, 20-65, and
816 6 30-30 and by adding Sections 20-110, 20-115, 25-110, and
917 7 25-115 as follows:
1018 8 (225 ILCS 407/10-30)
1119 9 (Section scheduled to be repealed on January 1, 2030)
1220 10 Sec. 10-30. Expiration, renewal, and continuing education.
1321 11 (a) License expiration dates, renewal periods, renewal
1422 12 fees, and procedures for renewal of licenses issued under this
1523 13 Act shall be set by rule of the Department. An entity may renew
1624 14 its license by paying the required fee and by meeting the
1725 15 renewal requirements adopted by the Department under this
1826 16 Section.
1927 17 (b) All renewal applicants must provide proof as
2028 18 determined by the Department of having met the continuing
2129 19 education requirements by the deadline set forth by the
2230 20 Department by rule. At a minimum, the rules shall require an
2331 21 applicant for renewal licensure as an auctioneer to provide
2432 22 proof of the completion of at least 12 hours of continuing
2533 23 education during the pre-renewal period established by the
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37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2207 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
38+See Index See Index
39+See Index
40+Amends the Auction License Act, the Community Association Manager Licensing and Disciplinary Act, Home Inspector License Act, Real Estate License Act of 2000, Real Estate Appraiser Licensing Act of 2002, and the Appraisal Management Company Registration Act. Makes changes in provisions including: definitions; expiration, renewal, and continuing education; restoration; fees and disposition of funds; disciplinary actions and grounds; investigations, notice, and hearing; findings and recommendations; restoration of license; scope and standards of practice; and the various relevant boards. Provides for cease and desist orders, statute of limitations, licensing of auction schools, and course approval in the Auction License Act. Makes other changes.
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3468 1 Department for completion of continuing education from schools
3569 2 approved by the Department, as established by rule.
3670 3 (c) The Department, in its discretion, may waive
3771 4 enforcement of the continuing education requirements of this
3872 5 Section and shall adopt rules defining the standards and
3973 6 criteria for such waiver.
4074 7 (d) (Blank).
4175 8 (e) The Department shall not issue or renew a license if
4276 9 the applicant or licensee has an unpaid fine or fee from a
4377 10 disciplinary matter or from a non-disciplinary action imposed
4478 11 by the Department until the fine or fee is paid to the
4579 12 Department or the applicant or licensee has entered into a
4680 13 payment plan and is current on the required payments.
4781 14 (f) The Department shall not issue or renew a license if
4882 15 the applicant or licensee has an unpaid fine or civil penalty
4983 16 imposed by the Department for unlicensed practice until the
5084 17 fine or civil penalty is paid to the Department or the
5185 18 applicant or licensee has entered into a payment plan and is
5286 19 current on the required payments.
5387 20 (Source: P.A. 102-970, eff. 5-27-22.)
5488 21 (225 ILCS 407/10-40)
5589 22 (Section scheduled to be repealed on January 1, 2030)
5690 23 Sec. 10-40. Restoration.
5791 24 (a) A licensee whose license has lapsed or expired shall
5892 25 have 2 years from the expiration date to restore licensure his
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69103 1 or her license without examination. The expired licensee shall
70104 2 make application to the Department on forms provided by the
71105 3 Department, provide evidence of successful completion of 12
72106 4 hours of approved continuing education during the period of
73107 5 time the license had lapsed, and pay all fees and penalties as
74108 6 established by rule.
75109 7 (b) Notwithstanding any other provisions of this Act to
76110 8 the contrary, any licensee whose license under this Act has
77111 9 expired is eligible to restore such license without paying any
78112 10 lapsed fees and penalties if the license expired while the
79113 11 licensee was:
80114 12 (1) on active duty with the United States Army, United
81115 13 States Marine Corps, United States Navy, United States Air
82116 14 Force, United States Coast Guard, the State Militia called
83117 15 into service or training;
84118 16 (2) engaged in training or education under the
85119 17 supervision of the United States prior to induction into
86120 18 military service; or
87121 19 (3) serving as an employee of the Department, while
88122 20 the employee was required to surrender the his or her
89123 21 license due to a possible conflict of interest.
90124 22 A licensee shall also be eligible to restore a license
91125 23 under paragraphs (1), (2), and (3) without completing the
92126 24 continuing education requirements for that licensure period.
93127 25 For this subsection for a period of 2 years following the
94128 26 termination of the service or education if the termination was
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105139 1 by other than dishonorable discharge and the licensee
106140 2 furnishes the Department with an affidavit specifying that the
107141 3 licensee has been so engaged.
108142 4 (c) At any time after the suspension, revocation,
109143 5 placement on probationary status, or other disciplinary action
110144 6 taken under this Act with reference to any license, the
111145 7 Department may restore the license to the licensee without
112146 8 examination upon the order of the Secretary, if the licensee
113147 9 submits a properly completed application, pays the appropriate
114148 10 fees, and otherwise complies with the conditions of the order.
115149 11 (Source: P.A. 101-345, eff. 8-9-19.)
116150 12 (225 ILCS 407/10-50)
117151 13 (Section scheduled to be repealed on January 1, 2030)
118152 14 Sec. 10-50. Fees; disposition of funds.
119153 15 (a) The Department shall establish by rule a schedule of
120154 16 fees for the administration and maintenance of this Act. Such
121155 17 fees shall be nonrefundable.
122156 18 (b) Prior to July 1, 2023, all fees collected under this
123157 19 Act shall be deposited into the General Professions Dedicated
124158 20 Fund and appropriated to the Department for the ordinary and
125159 21 contingent expenses of the Department in the administration of
126160 22 this Act. Beginning on July 1, 2023, all fees, fines,
127161 23 penalties, or other monies received or collected pursuant to
128162 24 this Act shall be deposited in the Division of Real Estate
129163 25 General Fund. On or after July 1, 2023, the balance of funds
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140174 1 collected pursuant to this Act that is in the General
141175 2 Professions Dedicated Fund shall be transferred into the
142176 3 Division of Real Estate General Fund.
143177 4 (Source: P.A. 102-970, eff. 5-27-22.)
144178 5 (225 ILCS 407/20-15)
145179 6 (Section scheduled to be repealed on January 1, 2030)
146180 7 Sec. 20-15. Disciplinary actions; grounds. The Department
147181 8 may refuse to issue or renew a license, may place on probation
148182 9 or administrative supervision, suspend, or revoke any license
149183 10 or may reprimand or take other disciplinary or
150184 11 non-disciplinary action as the Department may deem proper,
151185 12 including the imposition of fines not to exceed $10,000 for
152186 13 each violation upon any licensee or applicant anyone licensed
153187 14 under this Act or any person or entity who holds oneself out as
154188 15 an applicant or licensee for any of the following reasons:
155189 16 (1) False or fraudulent representation or material
156190 17 misstatement in furnishing information to the Department
157191 18 in obtaining or seeking to obtain a license.
158192 19 (2) Violation of any provision of this Act or the
159193 20 rules adopted under this Act.
160194 21 (3) Conviction of or entry of a plea of guilty or nolo
161195 22 contendere, as set forth in subsection (c) of Section
162196 23 10-5, to any crime that is a felony or misdemeanor under
163197 24 the laws of the United States or any state or territory
164198 25 thereof, or entry of an administrative sanction by a
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175209 1 government agency in this State or any other jurisdiction.
176210 2 (3.5) Failing to notify the Department, within 30 days
177211 3 after the occurrence, of the information required in
178212 4 subsection (c) of Section 10-5.
179213 5 (4) Being adjudged to be a person under legal
180214 6 disability or subject to involuntary admission or to meet
181215 7 the standard for judicial admission as provided in the
182216 8 Mental Health and Developmental Disabilities Code.
183217 9 (5) Discipline of a licensee by another state, the
184218 10 District of Columbia, a territory of the United States, a
185219 11 foreign nation, a governmental agency, or any other entity
186220 12 authorized to impose discipline if at least one of the
187221 13 grounds for that discipline is the same as or the
188222 14 equivalent to one of the grounds for discipline set forth
189223 15 in this Act or for failing to report to the Department,
190224 16 within 30 days, any adverse final action taken against the
191225 17 licensee by any other licensing jurisdiction, government
192226 18 agency, law enforcement agency, or court, or liability for
193227 19 conduct that would constitute grounds for action as set
194228 20 forth in this Act.
195229 21 (6) Engaging in the practice of auctioneering,
196230 22 conducting an auction, or providing an auction service
197231 23 without a license or after the license was expired,
198232 24 revoked, suspended, or terminated or while the license was
199233 25 inoperative.
200234 26 (7) Attempting to subvert or cheat on the auctioneer
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211245 1 exam or any continuing education exam, or aiding or
212246 2 abetting another to do the same.
213247 3 (8) Directly or indirectly giving to or receiving from
214248 4 a person, firm, corporation, partnership, or association a
215249 5 fee, commission, rebate, or other form of compensation for
216250 6 professional service not actually or personally rendered,
217251 7 except that an auctioneer licensed under this Act may
218252 8 receive a fee from another licensed auctioneer from this
219253 9 State or jurisdiction for the referring of a client or
220254 10 prospect for auction services to the licensed auctioneer.
221255 11 (9) Making any substantial misrepresentation or
222256 12 untruthful advertising.
223257 13 (10) Making any false promises of a character likely
224258 14 to influence, persuade, or induce.
225259 15 (11) Pursuing a continued and flagrant course of
226260 16 misrepresentation or the making of false promises through
227261 17 a licensee, agent, employee, advertising, or otherwise.
228262 18 (12) Any misleading or untruthful advertising, or
229263 19 using any trade name or insignia of membership in any
230264 20 auctioneer association or organization of which the
231265 21 licensee is not a member.
232266 22 (13) Commingling funds of others with the licensee's
233267 23 own funds or failing to keep the funds of others in an
234268 24 escrow or trustee account.
235269 25 (14) Failure to account for, remit, or return any
236270 26 moneys, property, or documents coming into the licensee's
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247281 1 possession that belong to others, acquired through the
248282 2 practice of auctioneering, conducting an auction, or
249283 3 providing an auction service within 30 days of the written
250284 4 request from the owner of said moneys, property, or
251285 5 documents.
252286 6 (15) Failure to maintain and deposit into a special
253287 7 account, separate and apart from any personal or other
254288 8 business accounts, all moneys belonging to others
255289 9 entrusted to a licensee while acting as an auctioneer,
256290 10 auction firm, or as a temporary custodian of the funds of
257291 11 others.
258292 12 (16) Failure to make available to Department personnel
259293 13 during normal business hours all escrow and trustee
260294 14 records and related documents maintained in connection
261295 15 with the practice of auctioneering, conducting an auction,
262296 16 or providing an auction service within 24 hours after a
263297 17 request from Department personnel.
264298 18 (17) Making or filing false records or reports in the
265299 19 licensee's practice, including, but not limited to, false
266300 20 records or reports filed with State agencies.
267301 21 (18) Failing to voluntarily furnish copies of all
268302 22 written instruments prepared by the auctioneer and signed
269303 23 by all parties to all parties at the time of execution.
270304 24 (19) Failing to provide information within 30 days in
271305 25 response to a written request made by the Department.
272306 26 (20) Engaging in any act that constitutes a violation
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283317 1 of Section 2-102, 3-103, or 3-105 of the Illinois Human
284318 2 Rights Act.
285319 3 (21) (Blank).
286320 4 (22) Engaging in dishonorable, unethical, or
287321 5 unprofessional conduct of a character likely to deceive,
288322 6 defraud, or harm the public.
289323 7 (23) Offering or advertising real estate for sale or
290324 8 lease at auction without a valid broker or managing
291325 9 broker's license under the Real Estate License Act of
292326 10 1983, or any successor Act, unless exempt from licensure
293327 11 under the terms of the Real Estate License Act of 2000, or
294328 12 any successor Act, except as provided in Section 5-32 of
295329 13 the Real Estate License Act of 2000.
296330 14 (24) Inability to practice the profession with
297331 15 reasonable judgment, skill, or safety as a result of a
298332 16 physical illness, mental illness, or disability.
299333 17 (25) A pattern of practice or other behavior that
300334 18 demonstrates incapacity or incompetence to practice under
301335 19 this Act.
302336 20 (26) Being named as a perpetrator in an indicated
303337 21 report by the Department of Children and Family Services
304338 22 under the Abused and Neglected Child Reporting Act and
305339 23 upon proof by clear and convincing evidence that the
306340 24 licensee has caused a child to be an abused child or a
307341 25 neglected child as defined in the Abused and Neglected
308342 26 Child Reporting Act.
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319353 1 (27) Inability to practice with reasonable judgment,
320354 2 skill, or safety as a result of habitual or excessive use
321355 3 or addiction to alcohol, narcotics, stimulants, or any
322356 4 other chemical agent or drug.
323357 5 (28) Willfully failing to report an instance of
324358 6 suspected child abuse or neglect as required by the Abused
325359 7 and Neglected Child Reporting Act.
326360 8 (29) Violating the terms of any order issued by the
327361 9 Department.
328362 10 (Source: P.A. 101-345, eff. 8-9-19; 102-970, eff. 5-27-22.)
329363 11 (225 ILCS 407/20-43)
330364 12 (Section scheduled to be repealed on January 1, 2030)
331365 13 Sec. 20-43. Investigations; notice and hearing. The
332366 14 Department may investigate the actions or qualifications of
333367 15 any person who is an applicant, unlicensed person, or person
334368 16 rendering or offering to render auction services, or holding
335369 17 or claiming to hold a license as a licensed auctioneer. At
336370 18 least 30 days before any disciplinary hearing under this Act,
337371 19 the Department shall: (i) notify the person charged accused in
338372 20 writing of the charges made and the time and place of the
339373 21 hearing; (ii) direct the person accused to file with the Board
340374 22 a written answer under oath to the charges within 20 days of
341375 23 receiving service of the notice; and (iii) inform the person
342376 24 accused that if the person he or she fails to file an answer to
343377 25 the charges within 20 days of receiving service of the notice,
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354388 1 a default judgment may be entered and the against him or her,
355389 2 or his or her license may be suspended, revoked, placed on
356390 3 probationary status, or other disciplinary action taken with
357391 4 regard to the license as the Department may consider proper,
358392 5 including, but not limited to, limiting the scope, nature, or
359393 6 extent of the licensee's practice, or imposing a fine.
360394 7 At the time and place of the hearing fixed in the notice,
361395 8 the Board shall proceed to hear the charges, and the person
362396 9 accused or person's his or her counsel shall be accorded ample
363397 10 opportunity to present any pertinent statements, testimony,
364398 11 evidence, and arguments in the person's his or her defense.
365399 12 The Board may continue the hearing when it deems it
366400 13 appropriate.
367401 14 Notice of the hearing may be served by personal delivery,
368402 15 by certified mail, or, at the discretion of the Department, by
369403 16 an electronic means to the person's licensee's last known
370404 17 address or email address of record.
371405 18 (Source: P.A. 101-345, eff. 8-9-19.)
372406 19 (225 ILCS 407/20-50)
373407 20 (Section scheduled to be repealed on January 1, 2030)
374408 21 Sec. 20-50. Findings and recommendations. At the
375409 22 conclusion of the hearing, the Board shall present to the
376410 23 Secretary a written report of its findings of fact,
377411 24 conclusions of law, and recommendations. The report shall
378412 25 contain a finding whether or not the accused person charged
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389423 1 violated this Act or any rules promulgated pursuant to this
390424 2 Act. The Board shall specify the nature of any violations and
391425 3 shall make its recommendations to the Secretary. In making
392426 4 recommendations for any disciplinary action, the Board may
393427 5 take into consideration all facts and circumstances bearing
394428 6 upon the reasonableness of the conduct of the person accused,
395429 7 including, but not limited to, previous discipline of the
396430 8 person accused by the Department, intent, degree of harm to
397431 9 the public and likelihood of future harm to the public, any
398432 10 restitution made by the person accused, and whether the
399433 11 incident or incidents contained in the complaint appear to be
400434 12 isolated or represent a continuing pattern of conduct. In
401435 13 making its recommendations for discipline, the Board shall
402436 14 endeavor to ensure that the severity of the discipline
403437 15 recommended is reasonably proportional to the severity of the
404438 16 violation.
405439 17 The report of the Board's findings of fact, conclusions of
406440 18 law, and recommendations shall be the basis for the
407441 19 Department's decision to refuse to issue, restore, or renew a
408442 20 license, or to take any other disciplinary action. If the
409443 21 Secretary disagrees with the recommendations of the Board, the
410444 22 Secretary may issue an order in contravention of the Board
411445 23 recommendations. The report's findings are not admissible in
412446 24 evidence against the person in a criminal prosecution brought
413447 25 for a violation of this Act, but the hearing and findings are
414448 26 not a bar to a criminal prosecution for the violation of this
415449
416450
417451
418452
419453
420- HB2207 Engrossed - 12 - LRB103 27667 AMQ 54044 b
421-
422-
423-HB2207 Engrossed- 13 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 13 - LRB103 27667 AMQ 54044 b
424- HB2207 Engrossed - 13 - LRB103 27667 AMQ 54044 b
454+ HB2207 - 12 - LRB103 27667 AMQ 54044 b
455+
456+
457+HB2207- 13 -LRB103 27667 AMQ 54044 b HB2207 - 13 - LRB103 27667 AMQ 54044 b
458+ HB2207 - 13 - LRB103 27667 AMQ 54044 b
425459 1 Act.
426460 2 If the Secretary disagrees in any regard with the report
427461 3 of the Advisory Board, the Secretary may issue an order in
428462 4 contravention of the report. The Secretary shall provide a
429463 5 written report to the Advisory Board on any deviation and
430464 6 shall specify with particularity the reasons for that action
431465 7 in the final order.
432466 8 (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
433467 9 (225 ILCS 407/20-65)
434468 10 (Section scheduled to be repealed on January 1, 2030)
435469 11 Sec. 20-65. Restoration of license. At any time after the
436470 12 suspension, or revocation, or probation of any license, the
437471 13 Department may restore the license to the accused person upon
438472 14 the written recommendation of the Advisory Board, unless after
439473 15 an investigation and a hearing the Advisory Board determines
440474 16 that restoration is not in the public interest.
441475 17 (Source: P.A. 95-572, eff. 6-1-08.)
442476 18 (225 ILCS 407/20-110 new)
443477 19 Sec. 20-110. Cease and desist orders. The Department may
444478 20 issue a cease and desist order to a person who engages in
445479 21 activities prohibited by this Act. Any person in violation of
446480 22 a cease and desist order issued by the Department is subject to
447481 23 all of the penalties provided by law.
448482
449483
450484
451485
452486
453- HB2207 Engrossed - 13 - LRB103 27667 AMQ 54044 b
454-
455-
456-HB2207 Engrossed- 14 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 14 - LRB103 27667 AMQ 54044 b
457- HB2207 Engrossed - 14 - LRB103 27667 AMQ 54044 b
487+ HB2207 - 13 - LRB103 27667 AMQ 54044 b
488+
489+
490+HB2207- 14 -LRB103 27667 AMQ 54044 b HB2207 - 14 - LRB103 27667 AMQ 54044 b
491+ HB2207 - 14 - LRB103 27667 AMQ 54044 b
458492 1 (225 ILCS 407/20-115 new)
459493 2 Sec. 20-115. Statute of limitations. No action may be
460494 3 taken under this Act against a person or entity licensed under
461495 4 this Act unless the action is commenced within 5 years after
462496 5 the occurrence of the alleged violation. A continuing
463497 6 violation is deemed to have occurred on the date when the
464498 7 circumstances last existed that gave rise to the alleged
465499 8 continuing violation.
466500 9 (225 ILCS 407/25-110 new)
467501 10 Sec. 25-110. Licensing of auction schools.
468-11 (a) Only an auction school licensed by the Department may
502+11 (a) Only auctions schools licensed by the Department may
469503 12 provide the continuing education courses required for
470504 13 licensure under this Act.
471-14 (b) An auction school may also provide the course required
505+14 (b) Auctions schools may also provide the course required
472506 15 to obtain the real estate auction certification in Section
473-16 5-32 of the Real Estate License Act of 2000. The course shall
474-17 be approved by the Real Estate Administration and Disciplinary
475-18 Board pursuant to Section 25-10 of the Real Estate License Act
476-19 of 2000.
477-20 (c) A person or entity seeking to be licensed as an auction
478-21 school under this Act shall provide satisfactory evidence of
479-22 the following:
480-23 (1) a sound financial base for establishing,
481-24 promoting, and delivering the necessary courses;
482-25 (2) a sufficient number of qualified instructors;
483-
484-
485-
486-
487-
488- HB2207 Engrossed - 14 - LRB103 27667 AMQ 54044 b
489-
490-
491-HB2207 Engrossed- 15 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 15 - LRB103 27667 AMQ 54044 b
492- HB2207 Engrossed - 15 - LRB103 27667 AMQ 54044 b
493-1 (3) adequate support personnel to assist with
494-2 administrative matters and technical assistance;
495-3 (4) a qualified school administrator, who is
496-4 responsible for the administration of the school, courses,
497-5 and the actions of the instructors;
498-6 (5) proof of good standing with the Secretary of State
499-7 and authority to conduct business in this State; and
500-8 (6) any other requirements provided by rule.
501-9 (d) All applicants for an auction schools license shall
502-10 make initial application to the Department in a manner
503-11 prescribed by the Department and pay the appropriate fee as
504-12 provided by rule. In addition to any other information
505-13 required to be contained in the application as prescribed by
506-14 rule, every application for an original or renewed license
507-15 shall include the applicant's Taxpayer Identification Number.
508-16 The term, expiration date, and renewal of an auction schools
509-17 license shall be established by rule.
510-18 (e) An auction school shall provide each successful course
511-19 participant with a certificate of completion signed by the
512-20 school administrator. The format and content of the
513-21 certificate shall be specified by rule.
514-22 (f) All auction schools shall provide to the Department a
515-23 roster of all successful course participants as provided by
516-24 rule.
517-25 (225 ILCS 407/25-115 new)
518-
519-
520-
521-
522-
523- HB2207 Engrossed - 15 - LRB103 27667 AMQ 54044 b
524-
525-
526-HB2207 Engrossed- 16 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 16 - LRB103 27667 AMQ 54044 b
527- HB2207 Engrossed - 16 - LRB103 27667 AMQ 54044 b
528-1 Sec. 25-115. Course approval.
529-2 (a) Only courses that are approved by the Department and
530-3 offered by licensed auction schools shall be used to meet the
531-4 requirements of this Act and rules.
532-5 (b) An auction school licensed under this Act may submit
533-6 courses to the Department for approval. The criteria,
534-7 requirements, and fees for courses shall be established by
535-8 rule.
536-9 (c) For each course approved, the Department shall issue
537-10 certification of course approval to the auction school. The
538-11 term, expiration date, and renewal of a course approval shall
539-12 be established by rule.
540-13 (225 ILCS 407/30-30)
541-14 (Section scheduled to be repealed on January 1, 2030)
542-15 Sec. 30-30. Auction Advisory Board.
543-16 (a) There is hereby created the Auction Advisory Board.
544-17 The Advisory Board shall consist of 7 members and shall be
545-18 appointed by the Secretary. In making the appointments, the
546-19 Secretary shall give due consideration to the recommendations
547-20 by members and organizations of the industry, including, but
548-21 not limited to, the Illinois State Auctioneers Association.
549-22 Five members of the Advisory Board shall be licensed
550-23 auctioneers. One member shall be a public member who
551-24 represents the interests of consumers and who is not licensed
552-25 under this Act or the spouse of a person licensed under this
553-
554-
555-
556-
557-
558- HB2207 Engrossed - 16 - LRB103 27667 AMQ 54044 b
559-
560-
561-HB2207 Engrossed- 17 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 17 - LRB103 27667 AMQ 54044 b
562- HB2207 Engrossed - 17 - LRB103 27667 AMQ 54044 b
563-1 Act or who has any responsibility for management or formation
564-2 of policy of or any financial interest in the auctioneering
565-3 profession. One member shall be actively engaged in the real
566-4 estate industry and licensed as a broker or managing broker.
567-5 The Advisory Board shall annually elect, at its first meeting
568-6 of the fiscal year, one of its members to serve as Chairperson.
569-7 (b) The members' terms shall be for 4 years and until a
570-8 successor is appointed. No member shall be reappointed to the
571-9 Board for a term that would cause the member's cumulative
572-10 service to the Board to exceed 12 10 years. Appointments to
573-11 fill vacancies shall be made by the Secretary for the
574-12 unexpired portion of the term. To the extent practicable, the
575-13 Secretary shall appoint members to ensure that the various
576-14 geographic regions of the State are properly represented on
577-15 the Advisory Board. The Secretary shall remove from the Board
578-16 any member whose license has been revoked or suspended and may
579-17 remove any member of the Board for neglect of duty,
580-18 misconduct, incompetence, or for missing 2 board meetings
581-19 during any one fiscal year.
582-20 (c) Four Board members shall constitute a quorum. A quorum
583-21 is required for all Board decisions. A vacancy in the
584-22 membership of the Board shall not impair the right of a quorum
585-23 to exercise all of the rights and perform all of the duties of
586-24 the Board.
587-25 (d) Each member of the Advisory Board may receive a per
588-26 diem stipend in an amount to be determined by the Secretary.
589-
590-
591-
592-
593-
594- HB2207 Engrossed - 17 - LRB103 27667 AMQ 54044 b
595-
596-
597-HB2207 Engrossed- 18 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 18 - LRB103 27667 AMQ 54044 b
598- HB2207 Engrossed - 18 - LRB103 27667 AMQ 54044 b
599-1 While engaged in the performance of duties, each member shall
600-2 be reimbursed for necessary expenses.
601-3 (e) Members of the Advisory Board shall be immune from
602-4 suit in an action based upon any disciplinary proceedings or
603-5 other acts performed in good faith as members of the Advisory
604-6 Board.
605-7 (f) The Advisory Board shall meet as convened by the
606-8 Department.
607-9 (g) The Advisory Board shall advise the Department on
608-10 matters of licensing and education and make recommendations to
609-11 the Department on those matters and shall hear and make
610-12 recommendations to the Secretary on disciplinary matters that
611-13 require a formal evidentiary hearing.
612-14 (h) The Secretary shall give due consideration to all
613-15 recommendations of the Advisory Board.
614-16 (Source: P.A. 102-970, eff. 5-27-22.)
615-17 Section 10. The Community Association Manager Licensing
616-18 and Disciplinary Act is amended by changing Sections 25, 32,
617-19 60, 85, 95, and 130 as follows:
618-20 (225 ILCS 427/25)
507+16 5-32 of the Real Estate License Act of 2000.
508+17 (c) A person or entity seeking to be licensed as an auction
509+18 school under this Act shall provide satisfactory evidence of
510+19 the following:
511+20 (1) a sound financial base for establishing,
512+21 promoting, and delivering the necessary courses;
513+22 (2) a sufficient number of qualified instructors;
514+23 (3) adequate support personnel to assist with
515+24 administrative matters and technical assistance;
516+25 (4) a qualified school administrator, who is
517+
518+
519+
520+
521+
522+ HB2207 - 14 - LRB103 27667 AMQ 54044 b
523+
524+
525+HB2207- 15 -LRB103 27667 AMQ 54044 b HB2207 - 15 - LRB103 27667 AMQ 54044 b
526+ HB2207 - 15 - LRB103 27667 AMQ 54044 b
527+1 responsible for the administration of the school, courses,
528+2 and the actions of the instructors;
529+3 (5) proof of good standing with the Secretary of State
530+4 and authority to conduct business in this State; and
531+5 (6) any other requirements provided by rule.
532+6 (d) All applicants for an auction school license shall
533+7 make initial application to the Department in a manner
534+8 prescribed by the Department and pay the appropriate fee as
535+9 provided by rule. In addition to any other information
536+10 required to be contained in the application as prescribed by
537+11 rule, every application for an original or renewed license
538+12 shall include the applicant's Taxpayer Identification Number.
539+13 The term, expiration date, and renewal of an auction school
540+14 license shall be established by rule.
541+15 (e) An auction school shall provide each successful course
542+16 participant with a certificate of completion signed by the
543+17 school administrator. The format and content of the
544+18 certificate shall be specified by rule.
545+19 (f) All auction schools shall provide to the Department a
546+20 roster of all successful course participants as provided by
547+21 rule.
548+22 (225 ILCS 407/25-115 new)
549+23 Sec. 25-115. Course approval.
550+24 (a) Only courses that are approved by the Department and
551+25 offered by licensed auction schools shall be used to meet the
552+
553+
554+
555+
556+
557+ HB2207 - 15 - LRB103 27667 AMQ 54044 b
558+
559+
560+HB2207- 16 -LRB103 27667 AMQ 54044 b HB2207 - 16 - LRB103 27667 AMQ 54044 b
561+ HB2207 - 16 - LRB103 27667 AMQ 54044 b
562+1 requirements of this Act and rules.
563+2 (b) An auction school licensed under this Act may submit
564+3 courses to the Department for approval. The criteria,
565+4 requirements, and fees for courses shall be established by
566+5 rule.
567+6 (c) For each course approved, the Department shall issue
568+7 certification of course approval to the auction school. The
569+8 term, expiration date, and renewal of a course approval shall
570+9 be established by rule.
571+10 (225 ILCS 407/30-30)
572+11 (Section scheduled to be repealed on January 1, 2030)
573+12 Sec. 30-30. Auction Advisory Board.
574+13 (a) There is hereby created the Auction Advisory Board.
575+14 The Advisory Board shall consist of 7 members and shall be
576+15 appointed by the Secretary. In making the appointments, the
577+16 Secretary shall give due consideration to the recommendations
578+17 by members and organizations of the industry, including, but
579+18 not limited to, the Illinois State Auctioneers Association.
580+19 Five members of the Advisory Board shall be licensed
581+20 auctioneers. One member shall be a public member who
582+21 represents the interests of consumers and who is not licensed
583+22 under this Act or the spouse of a person licensed under this
584+23 Act or who has any responsibility for management or formation
585+24 of policy of or any financial interest in the auctioneering
586+25 profession. One member shall be actively engaged in the real
587+
588+
589+
590+
591+
592+ HB2207 - 16 - LRB103 27667 AMQ 54044 b
593+
594+
595+HB2207- 17 -LRB103 27667 AMQ 54044 b HB2207 - 17 - LRB103 27667 AMQ 54044 b
596+ HB2207 - 17 - LRB103 27667 AMQ 54044 b
597+1 estate industry and licensed as a broker or managing broker.
598+2 The Advisory Board shall annually elect, at its first meeting
599+3 of the fiscal year, one of its members to serve as Chairperson.
600+4 (b) The members' terms shall be for 4 years and until a
601+5 successor is appointed. No member shall be reappointed to the
602+6 Board for a term that would cause the member's cumulative
603+7 service to the Board to exceed 12 10 years. Appointments to
604+8 fill vacancies shall be made by the Secretary for the
605+9 unexpired portion of the term. To the extent practicable, the
606+10 Secretary shall appoint members to ensure that the various
607+11 geographic regions of the State are properly represented on
608+12 the Advisory Board. The Secretary shall remove from the Board
609+13 any member whose license has been revoked or suspended and may
610+14 remove any member of the Board for neglect of duty,
611+15 misconduct, incompetence, or for missing 2 board meetings
612+16 during any one fiscal year.
613+17 (c) Four Board members shall constitute a quorum. A quorum
614+18 is required for all Board decisions. A vacancy in the
615+19 membership of the Board shall not impair the right of a quorum
616+20 to exercise all of the rights and perform all of the duties of
617+21 the Board.
618+22 (d) Each member of the Advisory Board may receive a per
619+23 diem stipend in an amount to be determined by the Secretary.
620+24 While engaged in the performance of duties, each member shall
621+25 be reimbursed for necessary expenses.
622+26 (e) Members of the Advisory Board shall be immune from
623+
624+
625+
626+
627+
628+ HB2207 - 17 - LRB103 27667 AMQ 54044 b
629+
630+
631+HB2207- 18 -LRB103 27667 AMQ 54044 b HB2207 - 18 - LRB103 27667 AMQ 54044 b
632+ HB2207 - 18 - LRB103 27667 AMQ 54044 b
633+1 suit in an action based upon any disciplinary proceedings or
634+2 other acts performed in good faith as members of the Advisory
635+3 Board.
636+4 (f) The Advisory Board shall meet as convened by the
637+5 Department.
638+6 (g) The Advisory Board shall advise the Department on
639+7 matters of licensing and education and make recommendations to
640+8 the Department on those matters and shall hear and make
641+9 recommendations to the Secretary on disciplinary matters that
642+10 require a formal evidentiary hearing.
643+11 (h) The Secretary shall give due consideration to all
644+12 recommendations of the Advisory Board.
645+13 (Source: P.A. 102-970, eff. 5-27-22.)
646+14 Section 10. The Community Association Manager Licensing
647+15 and Disciplinary Act is amended by changing Sections 25, 32,
648+16 60, 85, 95, and 130 as follows:
649+17 (225 ILCS 427/25)
650+18 (Section scheduled to be repealed on January 1, 2027)
651+19 Sec. 25. Community Association Manager Licensing and
652+20 Disciplinary Board.
653+21 (a) There is hereby created the Community Association
654+22 Manager Licensing and Disciplinary Board, which shall consist
655+23 of 7 members appointed by the Secretary. All members must be
656+24 residents of the State and must have resided in the State for
657+
658+
659+
660+
661+
662+ HB2207 - 18 - LRB103 27667 AMQ 54044 b
663+
664+
665+HB2207- 19 -LRB103 27667 AMQ 54044 b HB2207 - 19 - LRB103 27667 AMQ 54044 b
666+ HB2207 - 19 - LRB103 27667 AMQ 54044 b
667+1 at least 5 years immediately preceding the date of
668+2 appointment. Five members of the Board must be licensees under
669+3 this Act. Two members of the Board shall be owners of, or hold
670+4 a shareholder's interest in, a unit in a community association
671+5 at the time of appointment who are not licensees under this Act
672+6 and have no direct affiliation with the community
673+7 association's community association manager. This Board shall
674+8 act in an advisory capacity to the Department.
675+9 (b) The term of each member shall be for 4 years and until
676+10 that member's successor is appointed. No member shall be
677+11 reappointed to the Board for a term that would cause the
678+12 member's cumulative service to the Board to exceed 12 10
679+13 years. Appointments to fill vacancies shall be made by the
680+14 Secretary for the unexpired portion of the term. The Secretary
681+15 shall remove from the Board any member whose license has
682+16 become void or has been revoked or suspended and may remove any
683+17 member of the Board for neglect of duty, misconduct, or
684+18 incompetence, or for missing 2 board meetings during any one
685+19 fiscal year. A member who is subject to formal disciplinary
686+20 proceedings shall be disqualified from all Board business
687+21 until the charge is resolved. A member also shall be
688+22 disqualified from any matter on which the member cannot act
689+23 objectively.
690+24 (c) Four Board members shall constitute a quorum. A quorum
691+25 is required for all Board decisions. A vacancy in the
692+26 membership of the Board shall not impair the right of a quorum
693+
694+
695+
696+
697+
698+ HB2207 - 19 - LRB103 27667 AMQ 54044 b
699+
700+
701+HB2207- 20 -LRB103 27667 AMQ 54044 b HB2207 - 20 - LRB103 27667 AMQ 54044 b
702+ HB2207 - 20 - LRB103 27667 AMQ 54044 b
703+1 to exercise all of the rights and perform all of the duties of
704+2 the Board.
705+3 (d) The Board shall elect annually, at its first meeting
706+4 of the fiscal year, a chairperson and vice chairperson.
707+5 (e) Each member shall be reimbursed for necessary expenses
708+6 incurred in carrying out the duties as a Board member. The
709+7 Board may receive a per diem stipend in an amount to be
710+8 determined by the Secretary.
711+9 (f) The Board may recommend policies, procedures, and
712+10 rules relevant to the administration and enforcement of this
713+11 Act.
714+12 (g) Members of the Board shall be immune from suit in an
715+13 action based upon any disciplinary proceedings or other acts
716+14 performed in good faith as members of the Board.
717+15 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
718+16 (225 ILCS 427/32)
719+17 (Section scheduled to be repealed on January 1, 2027)
720+18 Sec. 32. Social Security Number or Individual Taxpayer
721+19 Federal Tax Identification Number on license application. In
722+20 addition to any other information required to be contained in
723+21 the application, every application for an original license
724+22 under this Act shall include the applicant's Social Security
725+23 Number or Individual Taxpayer Federal Tax Identification
726+24 Number, which shall be retained in the Department's records
727+25 pertaining to the license. As soon as practical, the
728+
729+
730+
731+
732+
733+ HB2207 - 20 - LRB103 27667 AMQ 54044 b
734+
735+
736+HB2207- 21 -LRB103 27667 AMQ 54044 b HB2207 - 21 - LRB103 27667 AMQ 54044 b
737+ HB2207 - 21 - LRB103 27667 AMQ 54044 b
738+1 Department shall assign a customer's identification number to
739+2 each applicant for a license.
740+3 Every application for a renewal or restored license shall
741+4 require the applicant's customer identification number.
742+5 (Source: P.A. 97-400, eff. 1-1-12; 98-365, eff. 1-1-14.)
743+6 (225 ILCS 427/60)
744+7 (Section scheduled to be repealed on January 1, 2027)
745+8 Sec. 60. Licenses; renewals; restoration; person in
746+9 military service.
747+10 (a) The expiration date, fees, and renewal period for each
748+11 license issued under this Act shall be set by rule. The
749+12 Department may promulgate rules requiring continuing education
750+13 and set all necessary requirements for such, including, but
751+14 not limited to, fees, approved coursework, number of hours,
752+15 and waivers of continuing education.
753+16 (b) Any licensee who has an expired license may have the
754+17 license restored by applying to the Department and filing
755+18 proof acceptable to the Department of fitness to have the
756+19 expired license restored, which may include sworn evidence
757+20 certifying to active practice in another jurisdiction
758+21 satisfactory to the Department, complying with any continuing
759+22 education requirements, and paying the required restoration
760+23 fee.
761+24 (c) Any person whose license expired while (i) in federal
762+25 service on active duty with the Armed Forces of the United
763+
764+
765+
766+
767+
768+ HB2207 - 21 - LRB103 27667 AMQ 54044 b
769+
770+
771+HB2207- 22 -LRB103 27667 AMQ 54044 b HB2207 - 22 - LRB103 27667 AMQ 54044 b
772+ HB2207 - 22 - LRB103 27667 AMQ 54044 b
773+1 States or called into service or training with the State
774+2 Militia, or (ii) in training or education under the
775+3 supervision of the United States preliminary to induction into
776+4 the military service, or (iii) serving as an employee of the
777+5 Department may have the license renewed or restored without
778+6 paying any lapsed renewal fees and without completing the
779+7 continuing education requirements for that licensure period
780+8 if, within 2 years after honorable termination of the service,
781+9 training, or education, except under condition other than
782+10 honorable, the licensee furnishes the Department with
783+11 satisfactory evidence of engagement and that the service,
784+12 training, or education has been so honorably terminated.
785+13 (d) A community association manager or community
786+14 association management firm that notifies the Department, in a
787+15 manner prescribed by the Department, may place the license on
788+16 inactive status for a period not to exceed 2 years and shall be
789+17 excused from the payment of renewal fees until the person
790+18 notifies the Department in writing of the intention to resume
791+19 active practice.
792+20 (e) A community association manager or community
793+21 association management firm requesting that the license be
794+22 changed from inactive to active status shall be required to
795+23 pay the current renewal fee and shall also demonstrate
796+24 compliance with the continuing education requirements.
797+25 (f) No licensee with a nonrenewed or inactive license
798+26 status or community association management firm operating
799+
800+
801+
802+
803+
804+ HB2207 - 22 - LRB103 27667 AMQ 54044 b
805+
806+
807+HB2207- 23 -LRB103 27667 AMQ 54044 b HB2207 - 23 - LRB103 27667 AMQ 54044 b
808+ HB2207 - 23 - LRB103 27667 AMQ 54044 b
809+1 without a designated community association manager shall
810+2 provide community association management services as set forth
811+3 in this Act.
812+4 (g) Any person violating subsection (f) of this Section
813+5 shall be considered to be practicing without a license and
814+6 will be subject to the disciplinary provisions of this Act.
815+7 (h) The Department shall not issue or renew a license if
816+8 the applicant or licensee has an unpaid fine or fee from a
817+9 disciplinary matter or from a non-disciplinary action imposed
818+10 by the Department until the fine or fee is paid to the
819+11 Department or the applicant or licensee has entered into a
820+12 payment plan and is current on the required payments.
821+13 (i) The Department shall not issue or renew a license if
822+14 the applicant or licensee has an unpaid fine or civil penalty
823+15 imposed by the Department for unlicensed practice until the
824+16 fine or civil penalty is paid to the Department or the
825+17 applicant or licensee has entered into a payment plan and is
826+18 current on the required payments.
827+19 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
828+20 (225 ILCS 427/85)
619829 21 (Section scheduled to be repealed on January 1, 2027)
620-22 Sec. 25. Community Association Manager Licensing and
621-23 Disciplinary Board.
622-24 (a) There is hereby created the Community Association
623-
624-
625-
626-
627-
628- HB2207 Engrossed - 18 - LRB103 27667 AMQ 54044 b
629-
630-
631-HB2207 Engrossed- 19 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 19 - LRB103 27667 AMQ 54044 b
632- HB2207 Engrossed - 19 - LRB103 27667 AMQ 54044 b
633-1 Manager Licensing and Disciplinary Board, which shall consist
634-2 of 7 members appointed by the Secretary. All members must be
635-3 residents of the State and must have resided in the State for
636-4 at least 5 years immediately preceding the date of
637-5 appointment. Five members of the Board must be licensees under
638-6 this Act. Two members of the Board shall be owners of, or hold
639-7 a shareholder's interest in, a unit in a community association
640-8 at the time of appointment who are not licensees under this Act
641-9 and have no direct affiliation with the community
642-10 association's community association manager. This Board shall
643-11 act in an advisory capacity to the Department.
644-12 (b) The term of each member shall be for 4 years and until
645-13 that member's successor is appointed. No member shall be
646-14 reappointed to the Board for a term that would cause the
647-15 member's cumulative service to the Board to exceed 12 10
648-16 years. Appointments to fill vacancies shall be made by the
649-17 Secretary for the unexpired portion of the term. The Secretary
650-18 shall remove from the Board any member whose license has
651-19 become void or has been revoked or suspended and may remove any
652-20 member of the Board for neglect of duty, misconduct, or
653-21 incompetence, or for missing 2 board meetings during any one
654-22 fiscal year. A member who is subject to formal disciplinary
655-23 proceedings shall be disqualified from all Board business
656-24 until the charge is resolved. A member also shall be
657-25 disqualified from any matter on which the member cannot act
658-26 objectively.
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669-1 (c) Four Board members shall constitute a quorum. A quorum
670-2 is required for all Board decisions. A vacancy in the
671-3 membership of the Board shall not impair the right of a quorum
672-4 to exercise all of the rights and perform all of the duties of
673-5 the Board.
674-6 (d) The Board shall elect annually, at its first meeting
675-7 of the fiscal year, a chairperson and vice chairperson.
676-8 (e) Each member shall be reimbursed for necessary expenses
677-9 incurred in carrying out the duties as a Board member. The
678-10 Board may receive a per diem stipend in an amount to be
679-11 determined by the Secretary.
680-12 (f) The Board may recommend policies, procedures, and
681-13 rules relevant to the administration and enforcement of this
682-14 Act.
683-15 (g) Members of the Board shall be immune from suit in an
684-16 action based upon any disciplinary proceedings or other acts
685-17 performed in good faith as members of the Board.
686-18 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
687-19 (225 ILCS 427/32)
688-20 (Section scheduled to be repealed on January 1, 2027)
689-21 Sec. 32. Social Security Number or Individual Taxpayer
690-22 Federal Tax Identification Number on license application. In
691-23 addition to any other information required to be contained in
692-24 the application, every application for an original license
693-25 under this Act shall include the applicant's Social Security
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704-1 Number or Individual Taxpayer Federal Tax Identification
705-2 Number, which shall be retained in the Department's records
706-3 pertaining to the license. As soon as practical, the
707-4 Department shall assign a customer's identification number to
708-5 each applicant for a license.
709-6 Every application for a renewal or restored license shall
710-7 require the applicant's customer identification number.
711-8 (Source: P.A. 97-400, eff. 1-1-12; 98-365, eff. 1-1-14.)
712-9 (225 ILCS 427/60)
830+22 Sec. 85. Grounds for discipline; refusal, revocation, or
831+23 suspension.
832+24 (a) The Department may refuse to issue or renew a license,
833+25 or may place on probation, reprimand, suspend, or revoke any
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844+1 license, or take any other disciplinary or non-disciplinary
845+2 action as the Department may deem proper and impose a fine not
846+3 to exceed $10,000 for each violation upon any licensee or
847+4 applicant under this Act or any person or entity who holds
848+5 oneself out as an applicant or licensee for any one or
849+6 combination of the following causes:
850+7 (1) Material misstatement in furnishing information to
851+8 the Department.
852+9 (2) Violations of this Act or its rules.
853+10 (3) Conviction of or entry of a plea of guilty or plea
854+11 of nolo contendere, as set forth in subsection (f) of
855+12 Section 40, to (i) a felony or a misdemeanor under the laws
856+13 of the United States, any state, or any other jurisdiction
857+14 or entry of an administrative sanction by a government
858+15 agency in this State or any other jurisdiction or (ii) a
859+16 crime that subjects the licensee to compliance with the
860+17 requirements of the Sex Offender Registration Act; or the
861+18 entry of an administrative sanction by a government agency
862+19 in this State or any other jurisdiction.
863+20 (4) Making any misrepresentation for the purpose of
864+21 obtaining a license or violating any provision of this Act
865+22 or its rules.
866+23 (5) Professional incompetence.
867+24 (6) Gross negligence.
868+25 (7) Aiding or assisting another person in violating
869+26 any provision of this Act or its rules.
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880+1 (8) Failing, within 30 days, to provide information in
881+2 response to a request made by the Department.
882+3 (9) Engaging in dishonorable, unethical, or
883+4 unprofessional conduct of a character likely to deceive,
884+5 defraud, or harm the public as defined by the rules of the
885+6 Department, or violating the rules of professional conduct
886+7 adopted by the Department.
887+8 (10) Habitual or excessive use or addiction to
888+9 alcohol, narcotics, stimulants, or any other chemical
889+10 agent or drug that results in the inability to practice
890+11 with reasonable judgment, skill, or safety.
891+12 (11) Having been disciplined by another state, the
892+13 District of Columbia, a territory, a foreign nation, or a
893+14 governmental agency authorized to impose discipline if at
894+15 least one of the grounds for the discipline is the same or
895+16 substantially equivalent of one of the grounds for which a
896+17 licensee may be disciplined under this Act. A certified
897+18 copy of the record of the action by the other state or
898+19 jurisdiction shall be prima facie evidence thereof.
899+20 (12) Directly or indirectly giving to or receiving
900+21 from any person, firm, corporation, partnership, or
901+22 association any fee, commission, rebate, or other form of
902+23 compensation for any services not actually or personally
903+24 rendered.
904+25 (13) A finding by the Department that the licensee,
905+26 after having the license placed on probationary status,
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916+1 has violated the terms of probation.
917+2 (14) Willfully making or filing false records or
918+3 reports relating to a licensee's practice, including, but
919+4 not limited to, false records filed with any State or
920+5 federal agencies or departments.
921+6 (15) Being named as a perpetrator in an indicated
922+7 report by the Department of Children and Family Services
923+8 under the Abused and Neglected Child Reporting Act and
924+9 upon proof by clear and convincing evidence that the
925+10 licensee has caused a child to be an abused child or
926+11 neglected child as defined in the Abused and Neglected
927+12 Child Reporting Act.
928+13 (16) Physical illness or mental illness or impairment
929+14 that results in the inability to practice the profession
930+15 with reasonable judgment, skill, or safety.
931+16 (17) Solicitation of professional services by using
932+17 false or misleading advertising.
933+18 (18) A finding that licensure has been applied for or
934+19 obtained by fraudulent means.
935+20 (19) Practicing or attempting to practice under a name
936+21 other than the full name as shown on the license or any
937+22 other legally authorized name unless approved by the
938+23 Department.
939+24 (20) Gross overcharging for professional services
940+25 including, but not limited to, (i) collection of fees or
941+26 moneys for services that are not rendered; and (ii)
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952+1 charging for services that are not in accordance with the
953+2 contract between the licensee and the community
954+3 association.
955+4 (21) Improper commingling of personal and client funds
956+5 in violation of this Act or any rules promulgated thereto.
957+6 (22) Failing to account for or remit any moneys or
958+7 documents coming into the licensee's possession that
959+8 belong to another person or entity.
960+9 (23) Giving differential treatment to a person that is
961+10 to that person's detriment on the basis of race, color,
962+11 sex, ancestry, age, order of protection status, marital
963+12 status, physical or mental disability, military status,
964+13 unfavorable discharge from military status, sexual
965+14 orientation, pregnancy, religion, or national origin.
966+15 (24) Performing and charging for services without
967+16 reasonable authorization to do so from the person or
968+17 entity for whom service is being provided.
969+18 (25) Failing to make available to the Department, upon
970+19 request, any books, records, or forms required by this
971+20 Act.
972+21 (26) Purporting to be a designated community
973+22 association manager of a firm without active participation
974+23 in the firm and having been designated as such.
975+24 (27) Failing to make available to the Department at
976+25 the time of the request any indicia of licensure issued
977+26 under this Act.
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988+1 (28) Failing to maintain and deposit funds belonging
989+2 to a community association in accordance with subsection
990+3 (b) of Section 55 of this Act.
991+4 (29) Violating the terms of any a disciplinary order
992+5 issued by the Department.
993+6 (30) Operating a community association management firm
994+7 without a designated community association manager who
995+8 holds an active community association manager license.
996+9 (31) For a designated community association manager,
997+10 failing to meet the requirements for acting as a
998+11 designated community association manager.
999+12 (32) Failing to disclose to a community association
1000+13 any compensation received by a licensee from a third party
1001+14 in connection with or related to a transaction entered
1002+15 into by the licensee on behalf of the community
1003+16 association.
1004+17 (33) Failing to disclose to a community association,
1005+18 at the time of making the referral, that a licensee (A) has
1006+19 greater than a 1% ownership interest in a third party to
1007+20 which it refers the community association; or (B) receives
1008+21 or may receive dividends or other profit sharing
1009+22 distributions from a third party, other than a publicly
1010+23 held or traded company, to which it refers the community
1011+24 association.
1012+25 (b) (Blank).
1013+26 (c) The determination by a circuit court that a licensee
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1024+1 is subject to involuntary admission or judicial admission, as
1025+2 provided in the Mental Health and Developmental Disabilities
1026+3 Code, operates as an automatic suspension. The suspension will
1027+4 terminate only upon a finding by a court that the patient is no
1028+5 longer subject to involuntary admission or judicial admission
1029+6 and the issuance of an order so finding and discharging the
1030+7 patient, and upon the recommendation of the Board to the
1031+8 Secretary that the licensee be allowed to resume practice as a
1032+9 licensed community association manager.
1033+10 (d) In accordance with subsection (g) of Section 2105-15
1034+11 of the Department of Professional Regulation Law of the Civil
1035+12 Administrative Code of Illinois (20 ILCS 2105/2105-15), the
1036+13 Department may refuse to issue or renew or may suspend the
1037+14 license of any person who fails to file a return, to pay the
1038+15 tax, penalty, or interest shown in a filed return, or to pay
1039+16 any final assessment of tax, penalty, or interest, as required
1040+17 by any tax Act administered by the Department of Revenue,
1041+18 until such time as the requirements of that tax Act are
1042+19 satisfied.
1043+20 (e) In accordance with subdivision (a)(5) of Section
1044+21 2105-15 of the Department of Professional Regulation Law of
1045+22 the Civil Administrative Code of Illinois (20 ILCS
1046+23 2105/2105-15) and in cases where the Department of Healthcare
1047+24 and Family Services (formerly Department of Public Aid) has
1048+25 previously determined that a licensee or a potential licensee
1049+26 is more than 30 days delinquent in the payment of child support
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1060+1 and has subsequently certified the delinquency to the
1061+2 Department, the Department may refuse to issue or renew or may
1062+3 revoke or suspend that person's license or may take other
1063+4 disciplinary action against that person based solely upon the
1064+5 certification of delinquency made by the Department of
1065+6 Healthcare and Family Services.
1066+7 (f) (Blank).
1067+8 (Source: P.A. 102-20, eff. 1-1-22.)
1068+9 (225 ILCS 427/95)
7131069 10 (Section scheduled to be repealed on January 1, 2027)
714-11 Sec. 60. Licenses; renewals; restoration; person in
715-12 military service.
716-13 (a) The expiration date, fees, and renewal period for each
717-14 license issued under this Act shall be set by rule. The
718-15 Department may promulgate rules requiring continuing education
719-16 and set all necessary requirements for such, including, but
720-17 not limited to, fees, approved coursework, number of hours,
721-18 and waivers of continuing education.
722-19 (b) Any licensee who has an expired license may have the
723-20 license restored by applying to the Department and filing
724-21 proof acceptable to the Department of fitness to have the
725-22 expired license restored, which may include sworn evidence
726-23 certifying to active practice in another jurisdiction
727-24 satisfactory to the Department, complying with any continuing
728-25 education requirements, and paying the required restoration
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739-1 fee.
740-2 (c) Any person whose license expired while (i) in federal
741-3 service on active duty with the Armed Forces of the United
742-4 States or called into service or training with the State
743-5 Militia, or (ii) in training or education under the
744-6 supervision of the United States preliminary to induction into
745-7 the military service, or (iii) serving as an employee of the
746-8 Department may have the license renewed or restored without
747-9 paying any lapsed renewal fees and without completing the
748-10 continuing education requirements for that licensure period
749-11 if, within 2 years after honorable termination of the service,
750-12 training, or education, except under condition other than
751-13 honorable, the licensee furnishes the Department with
752-14 satisfactory evidence of engagement and that the service,
753-15 training, or education has been so honorably terminated.
754-16 (d) A community association manager or community
755-17 association management firm that notifies the Department, in a
756-18 manner prescribed by the Department, may place the license on
757-19 inactive status for a period not to exceed 2 years and shall be
758-20 excused from the payment of renewal fees until the person
759-21 notifies the Department in writing of the intention to resume
760-22 active practice.
761-23 (e) A community association manager or community
762-24 association management firm requesting that the license be
763-25 changed from inactive to active status shall be required to
764-26 pay the current renewal fee and shall also demonstrate
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775-1 compliance with the continuing education requirements.
776-2 (f) No licensee with a nonrenewed or inactive license
777-3 status or community association management firm operating
778-4 without a designated community association manager shall
779-5 provide community association management services as set forth
780-6 in this Act.
781-7 (g) Any person violating subsection (f) of this Section
782-8 shall be considered to be practicing without a license and
783-9 will be subject to the disciplinary provisions of this Act.
1070+11 Sec. 95. Investigation; notice and hearing. The
1071+12 Department may investigate the actions or qualifications of a
1072+13 person, entity, or other business applying for, holding or
1073+14 claiming to hold, or holding oneself out as having a license or
1074+15 rendering or offering to render services for which a license
1075+16 is required by this Act and may notify their designated
1076+17 community association manager, if any, of the pending
1077+18 investigation. Before suspending, revoking, placing on
1078+19 probationary status, or taking any other disciplinary action
1079+20 as the Department may deem proper with regard to any license,
1080+21 at least 30 days before the date set for the hearing, the
1081+22 Department shall (i) notify the person charged accused and the
1082+23 person's their designated community association manager, if
1083+24 any, in writing of any charges made and the time and place for
1084+25 a hearing on the charges before the Board, (ii) direct the
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1095+1 person accused to file a written answer to the charges with the
1096+2 Board under oath within 20 days after the service on the person
1097+3 accused of such notice, and (iii) inform the person accused
1098+4 that if the person accused fails to file an answer, default
1099+5 will be taken against the person accused and the license of the
1100+6 person accused may be suspended, revoked, placed on
1101+7 probationary status, or other disciplinary action taken with
1102+8 regard to the license, including limiting the scope, nature,
1103+9 or extent of related practice, as the Department may deem
1104+10 proper. The Department shall serve notice under this Section
1105+11 by regular or electronic mail to the person's applicant's or
1106+12 licensee's last address of record or email address of record
1107+13 as provided to the Department. If the person accused fails to
1108+14 file an answer after receiving notice, the license may, in the
1109+15 discretion of the Department, be suspended, revoked, or placed
1110+16 on probationary status, or the Department may take whatever
1111+17 disciplinary action deemed proper, including limiting the
1112+18 scope, nature, or extent of the person's practice or the
1113+19 imposition of a fine, without a hearing, if the act or acts
1114+20 charged constitute sufficient grounds for such action under
1115+21 this Act. The answer shall be served by personal delivery or
1116+22 regular mail or electronic mail to the Department. At the time
1117+23 and place fixed in the notice, the Department shall proceed to
1118+24 hear the charges and the parties or their counsel shall be
1119+25 accorded ample opportunity to present such statements,
1120+26 testimony, evidence, and argument as may be pertinent to the
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1131+1 charges or to the defense thereto. The Department may continue
1132+2 such hearing from time to time. At the discretion of the
1133+3 Secretary after having first received the recommendation of
1134+4 the Board, the accused person's license may be suspended,
1135+5 revoked, or placed on probationary status or the Department
1136+6 may take whatever disciplinary action considered proper,
1137+7 including limiting the scope, nature, or extent of the
1138+8 person's practice or the imposition of a fine if the act or
1139+9 acts charged constitute sufficient grounds for that action
1140+10 under this Act. A copy of the Department's final disciplinary
1141+11 order shall be delivered to the person's accused's designated
1142+12 community association manager or may be sent to the community
1143+13 association that , if the accused is directly employs the
1144+14 person employed by a community association, to the board of
1145+15 managers of that association if known to the Department.
1146+16 (Source: P.A. 102-20, eff. 1-1-22.)
1147+17 (225 ILCS 427/130)
1148+18 (Section scheduled to be repealed on January 1, 2027)
1149+19 Sec. 130. Restoration of suspended or revoked license. At
1150+20 any time after the successful completion of a term of
1151+21 suspension, or revocation, or probation of a license, the
1152+22 Department may restore it to the licensee, upon the written
1153+23 recommendation of the Board, unless after an investigation and
1154+24 a hearing the Board determines that restoration is not in the
1155+25 public interest.
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1166+1 (Source: P.A. 96-726, eff. 7-1-10.)
1167+2 Section 15. The Home Inspector License Act is amended by
1168+3 changing Sections 5-10, 5-14, 5-16, 5-17, 15-10, 15-11, 15-15,
1169+4 and 25-27 as follows:
1170+5 (225 ILCS 441/5-10)
1171+6 (Section scheduled to be repealed on January 1, 2027)
1172+7 Sec. 5-10. Application for home inspector license.
1173+8 (a) Every natural person who desires to obtain a home
1174+9 inspector license shall:
1175+10 (1) apply to the Department in a manner prescribed by
1176+11 the Department and accompanied by the required fee; all
1177+12 applications shall contain the information that, in the
1178+13 judgment of the Department, enables the Department to pass
1179+14 on the qualifications of the applicant for a license to
1180+15 practice as a home inspector as set by rule;
1181+16 (2) be at least 18 years of age;
1182+17 (3) successfully complete a 4-year course of study in
1183+18 a high school or secondary school or an equivalent course
1184+19 of study approved by the state in which the school is
1185+20 located, or possess a State of Illinois High School
1186+21 Diploma, which shall be verified under oath by the
1187+22 applicant;
1188+23 (4) personally take and pass a written examination and
1189+24 a field examination authorized by the Department; and
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1200+1 (5) prior to taking the examination, provide evidence
1201+2 to the Department that the applicant has successfully
1202+3 completed the prerequisite classroom hours of instruction
1203+4 in home inspection, as established by rule.
1204+5 (b) The Department shall not require applicants to report
1205+6 the following information and shall not consider the following
1206+7 criminal history records in connection with an application for
1207+8 licensure or registration:
1208+9 (1) juvenile adjudications of delinquent minors as
1209+10 defined in Section 5-105 of the Juvenile Court Act of 1987
1210+11 subject to the restrictions set forth in Section 5-130 of
1211+12 that Act;
1212+13 (2) law enforcement records, court records, and
1213+14 conviction records of an individual who was 17 years old
1214+15 at the time of the offense and before January 1, 2014,
1215+16 unless the nature of the offense required the individual
1216+17 to be tried as an adult;
1217+18 (3) records of arrest not followed by a charge or
1218+19 conviction;
1219+20 (4) records of arrest where the charges were dismissed
1220+21 unless related to the practice of the profession; however,
1221+22 applicants shall not be asked to report any arrests, and
1222+23 an arrest not followed by a conviction shall not be the
1223+24 basis of denial and may be used only to assess an
1224+25 applicant's rehabilitation;
1225+26 (5) convictions overturned by a higher court; or
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1236+1 (6) convictions or arrests that have been sealed or
1237+2 expunged.
1238+3 (c) An applicant or licensee shall report to the
1239+4 Department, in a manner prescribed by the Department, upon
1240+5 application and within 30 days after the occurrence, if during
1241+6 the term of licensure, (i) any conviction of or plea of guilty
1242+7 or nolo contendere to forgery, embezzlement, obtaining money
1243+8 under false pretenses, larceny, extortion, conspiracy to
1244+9 defraud, or any similar offense or offenses or any conviction
1245+10 of a felony involving moral turpitude, (ii) the entry of an
1246+11 administrative sanction by a government agency in this State
1247+12 or any other jurisdiction that has as an essential element
1248+13 dishonesty or fraud or involves larceny, embezzlement, or
1249+14 obtaining money, property, or credit by false pretenses, or
1250+15 (iii) a crime that subjects the licensee to compliance with
1251+16 the requirements of the Sex Offender Registration Act.
1252+17 (d) Applicants have 3 years after the date of the
1253+18 application to complete the application process. If the
1254+19 process has not been completed within 3 years, the application
1255+20 shall be denied, the fee forfeited, and the applicant must
1256+21 reapply and meet the requirements in effect at the time of
1257+22 reapplication.
1258+23 (Source: P.A. 102-20, eff. 1-1-22; 102-1100, eff. 1-1-23.)
1259+24 (225 ILCS 441/5-14)
1260+25 (Section scheduled to be repealed on January 1, 2027)
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1271+1 Sec. 5-14. Social Security Number or Individual Taxpayer
1272+2 Identification Number on license application. In addition to
1273+3 any other information required to be contained in the
1274+4 application, every application for an original, renewal,
1275+5 reinstated, or restored license under this Act shall include
1276+6 the applicant's Social Security Number or Individual Taxpayer
1277+7 Identification Number.
1278+8 (Source: P.A. 97-226, eff. 7-28-11.)
1279+9 (225 ILCS 441/5-16)
1280+10 (Section scheduled to be repealed on January 1, 2027)
1281+11 Sec. 5-16. Renewal of license.
1282+12 (a) The expiration date and renewal period for a home
1283+13 inspector license issued under this Act shall be set by rule.
1284+14 Except as otherwise provided in subsections (b) and (c) of
1285+15 this Section, the holder of a license may renew the license
1286+16 within 90 days preceding the expiration date by:
1287+17 (1) completing and submitting to the Department a
1288+18 renewal application in a manner prescribed by the
1289+19 Department;
1290+20 (2) paying the required fees; and
1291+21 (3) providing evidence of successful completion of the
1292+22 continuing education requirements through courses approved
1293+23 by the Department given by education providers licensed by
1294+24 the Department, as established by rule.
1295+25 (b) A home inspector whose license under this Act has
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1306+1 expired may renew the license for a period of 2 years following
1307+2 the expiration date by complying with the requirements of
1308+3 subparagraphs (1), (2), and (3) of subsection (a) of this
1309+4 Section and paying any late penalties established by rule.
1310+5 (c) Notwithstanding subsection (b), a home inspector whose
1311+6 license under this Act has expired may renew the license
1312+7 without paying any lapsed renewal fees or late penalties and
1313+8 without completing the continuing education requirements for
1314+9 that licensure period if (i) the license expired while the
1315+10 home inspector was (i) in federal service on active duty with
1316+11 the Armed Forces of the United States or called into service or
1317+12 training with the State Militia, (ii) in training or education
1318+13 under the supervision of the United States preliminary to
1319+14 induction into the military service, or (iii) serving as an
1320+15 employee of the Department and within 2 years after the
1321+16 termination of the service, training, or education, the
1322+17 licensee furnishes the Department with satisfactory evidence
1323+18 of service, training, or education and termination under
1324+19 honorable conditions on active duty with the United States
1325+20 Armed Services, (ii) application for renewal is made within 2
1326+21 years following the termination of the military service or
1327+22 related education, training, or employment, and (iii) the
1328+23 applicant furnishes to the Department an affidavit that the
1329+24 applicant was so engaged.
1330+25 (d) The Department shall provide reasonable care and due
1331+26 diligence to ensure that each licensee under this Act is
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1342+1 provided a renewal application at least 90 days prior to the
1343+2 expiration date, but it is the responsibility of each licensee
1344+3 to renew the license prior to its expiration date.
1345+4 (e) The Department shall not issue or renew a license if
1346+5 the applicant or licensee has an unpaid fine or fee from a
1347+6 disciplinary matter or from a non-disciplinary action imposed
1348+7 by the Department until the fine or fee is paid to the
1349+8 Department or the applicant or licensee has entered into a
1350+9 payment plan and is current on the required payments.
1351+10 (f) The Department shall not issue or renew a license if
1352+11 the applicant or licensee has an unpaid fine or civil penalty
1353+12 imposed by the Department for unlicensed practice until the
1354+13 fine or civil penalty is paid to the Department or the
1355+14 applicant or licensee has entered into a payment plan and is
1356+15 current on the required payments.
1357+16 (g) A home inspector who notifies the Department, in a
1358+17 manner prescribed by the Department, may place the license on
1359+18 inactive status for a period not to exceed 2 years and shall be
1360+19 excused from the payment of renewal fees until the person
1361+20 notifies the Department in writing of the intention to resume
1362+21 active practice.
1363+22 (h) A home inspector requesting that the license be
1364+23 changed from inactive to active status shall be required to
1365+24 pay the current renewal fee and shall also demonstrate
1366+25 compliance with the continuing education requirements.
1367+26 (i) No licensee with a nonrenewed or inactive license
1368+
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1378+1 status shall provide home inspection services as set forth in
1379+2 this Act.
1380+3 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
1381+4 (225 ILCS 441/5-17)
1382+5 (Section scheduled to be repealed on January 1, 2027)
1383+6 Sec. 5-17. Renewal of home inspector license; entity.
1384+7 (a) The expiration date and renewal period for a home
1385+8 inspector license for an entity that is not a natural person
1386+9 shall be set by rule. The holder of a license may renew the
1387+10 license within 90 days preceding the expiration date by
1388+11 completing and submitting to the Department a renewal
1389+12 application in a manner prescribed by the Department and
1390+13 paying the required fees.
1391+14 (b) An entity that is not a natural person whose license
1392+15 under this Act has expired may renew the license for a period
1393+16 of 2 years following the expiration date by complying with the
1394+17 requirements of subsection (a) of this Section and paying any
1395+18 late penalties established by rule.
1396+19 (c) The Department shall not issue or renew a license if
1397+20 the applicant or licensee has an unpaid fine or fee from a
1398+21 disciplinary matter or from a non-disciplinary action imposed
1399+22 by the Department until the fine or fee is paid to the
1400+23 Department or the applicant or licensee has entered into a
1401+24 payment plan and is current on the required payments.
1402+25 (d) The Department shall not issue or renew a license if
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1413+1 the applicant or licensee has an unpaid fine or civil penalty
1414+2 imposed by the Department for unlicensed practice until the
1415+3 fine or civil penalty is paid to the Department or the
1416+4 applicant or licensee has entered into a payment plan and is
1417+5 current on the required payments.
1418+6 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
1419+7 (225 ILCS 441/15-10)
1420+8 (Section scheduled to be repealed on January 1, 2027)
1421+9 Sec. 15-10. Grounds for disciplinary action.
1422+10 (a) The Department may refuse to issue or renew, or may
1423+11 revoke, suspend, place on probation, reprimand, or take other
1424+12 disciplinary or non-disciplinary action as the Department may
1425+13 deem appropriate, including imposing fines not to exceed
1426+14 $25,000 for each violation upon any licensee or applicant
1427+15 under this Act or any person or entity who holds oneself out as
1428+16 an applicant or licensee , with regard to any license for any
1429+17 one or combination of the following:
1430+18 (1) Fraud or misrepresentation in applying for, or
1431+19 procuring a license under this Act or in connection with
1432+20 applying for renewal of a license under this Act.
1433+21 (2) Failing to meet the minimum qualifications for
1434+22 licensure as a home inspector established by this Act.
1435+23 (3) Paying money, other than for the fees provided for
1436+24 by this Act, or anything of value to an employee of the
1437+25 Department to procure licensure under this Act.
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1448+1 (4) Conviction of, or plea of guilty or nolo
1449+2 contendere, or finding as enumerated in subsection (c) of
1450+3 Section 5-10, under the laws of any jurisdiction of the
1451+4 United States: (i) that is a felony, misdemeanor, or
1452+5 administrative sanction, or (ii) that is a crime that
1453+6 subjects the licensee to compliance with the requirements
1454+7 of the Sex Offender Registration Act.
1455+8 (5) Committing an act or omission involving
1456+9 dishonesty, fraud, or misrepresentation with the intent to
1457+10 substantially benefit the licensee or another person or
1458+11 with the intent to substantially injure another person.
1459+12 (6) Violating a provision or standard for the
1460+13 development or communication of home inspections as
1461+14 provided in Section 10-5 of this Act or as defined in the
1462+15 rules.
1463+16 (7) Failing or refusing to exercise reasonable
1464+17 diligence in the development, reporting, or communication
1465+18 of a home inspection report, as defined by this Act or the
1466+19 rules.
1467+20 (8) Violating a provision of this Act or the rules.
1468+21 (9) Having been disciplined by another state, the
1469+22 District of Columbia, a territory, a foreign nation, a
1470+23 governmental agency, or any other entity authorized to
1471+24 impose discipline if at least one of the grounds for that
1472+25 discipline is the same as or substantially equivalent to
1473+26 one of the grounds for which a licensee may be disciplined
1474+
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1483+ HB2207 - 42 - LRB103 27667 AMQ 54044 b
1484+1 under this Act.
1485+2 (10) Engaging in dishonorable, unethical, or
1486+3 unprofessional conduct of a character likely to deceive,
1487+4 defraud, or harm the public.
1488+5 (11) Accepting an inspection assignment when the
1489+6 employment itself is contingent upon the home inspector
1490+7 reporting a predetermined analysis or opinion, or when the
1491+8 fee to be paid is contingent upon the analysis, opinion,
1492+9 or conclusion reached or upon the consequences resulting
1493+10 from the home inspection assignment.
1494+11 (12) Developing home inspection opinions or
1495+12 conclusions based on the race, color, religion, sex,
1496+13 national origin, ancestry, age, marital status, family
1497+14 status, physical or mental disability, military status,
1498+15 unfavorable discharge from military status, sexual
1499+16 orientation, order of protection status, or pregnancy, or
1500+17 any other protected class as defined under the Illinois
1501+18 Human Rights Act, of the prospective or present owners or
1502+19 occupants of the area or property under home inspection.
1503+20 (13) Being adjudicated liable in a civil proceeding on
1504+21 grounds of fraud, misrepresentation, or deceit. In a
1505+22 disciplinary proceeding based upon a finding of civil
1506+23 liability, the home inspector shall be afforded an
1507+24 opportunity to present mitigating and extenuating
1508+25 circumstances, but may not collaterally attack the civil
1509+26 adjudication.
1510+
1511+
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1519+ HB2207 - 43 - LRB103 27667 AMQ 54044 b
1520+1 (14) Being adjudicated liable in a civil proceeding
1521+2 for violation of a State or federal fair housing law.
1522+3 (15) Engaging in misleading or untruthful advertising
1523+4 or using a trade name or insignia of membership in a home
1524+5 inspection organization of which the licensee is not a
1525+6 member.
1526+7 (16) Failing, within 30 days, to provide information
1527+8 in response to a written request made by the Department.
1528+9 (17) Failing to include within the home inspection
1529+10 report the home inspector's license number and the date of
1530+11 expiration of the license. The names of (i) all persons
1531+12 who conducted the home inspection; and (ii) all persons
1532+13 who prepared the subsequent written evaluation or any part
1533+14 thereof must be disclosed in the report. It is a violation
1534+15 of this Act for a home inspector to sign a home inspection
1535+16 report knowing that the names of all such persons have not
1536+17 been disclosed in the home inspection report.
1537+18 (18) Advising a client as to whether the client should
1538+19 or should not engage in a transaction regarding the
1539+20 residential real property that is the subject of the home
1540+21 inspection.
1541+22 (19) Performing a home inspection in a manner that
1542+23 damages or alters the residential real property that is
1543+24 the subject of the home inspection without the consent of
1544+25 the owner.
1545+26 (20) Performing a home inspection when the home
1546+
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1555+ HB2207 - 44 - LRB103 27667 AMQ 54044 b
1556+1 inspector is providing or may also provide other services
1557+2 in connection with the residential real property or
1558+3 transaction, or has an interest in the residential real
1559+4 property, without providing prior written notice of the
1560+5 potential or actual conflict and obtaining the prior
1561+6 consent of the client as provided by rule.
1562+7 (21) Aiding or assisting another person in violating
1563+8 any provision of this Act or rules adopted under this Act.
1564+9 (22) Inability to practice with reasonable judgment,
1565+10 skill, or safety as a result of habitual or excessive use
1566+11 or addiction to alcohol, narcotics, stimulants, or any
1567+12 other chemical agent or drug.
1568+13 (23) A finding by the Department that the licensee,
1569+14 after having the license placed on probationary status,
1570+15 has violated the terms of probation.
1571+16 (24) Willfully making or filing false records or
1572+17 reports related to the practice of home inspection,
1573+18 including, but not limited to, false records filed with
1574+19 State agencies or departments.
1575+20 (25) Charging for professional services not rendered,
1576+21 including filing false statements for the collection of
1577+22 fees for which services are not rendered.
1578+23 (26) Practicing under a false or, except as provided
1579+24 by law, an assumed name.
1580+25 (27) Cheating on or attempting to subvert the
1581+26 licensing examination administered under this Act.
1582+
1583+
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1591+ HB2207 - 45 - LRB103 27667 AMQ 54044 b
1592+1 (28) Engaging in any of the following prohibited
1593+2 fraudulent, false, deceptive, or misleading advertising
1594+3 practices:
1595+4 (i) advertising as a home inspector or operating a
1596+5 home inspection business entity unless there is a duly
1597+6 licensed home inspector responsible for all inspection
1598+7 activities and all inspections;
1599+8 (ii) advertising that contains a misrepresentation
1600+9 of facts or false statements regarding the licensee's
1601+10 professional achievements, degrees, training, skills,
1602+11 or qualifications in the home inspection profession or
1603+12 any other profession requiring licensure;
1604+13 (iii) advertising that makes only a partial
1605+14 disclosure of relevant facts related to pricing or
1606+15 home inspection services; and
1607+16 (iv) advertising that claims this State or any of
1608+17 its political subdivisions endorse the home inspection
1609+18 report or its contents.
1610+19 (29) Disclosing, except as otherwise required by law,
1611+20 inspection results or client information obtained without
1612+21 the client's written consent. A home inspector shall not
1613+22 deliver a home inspection report to any person other than
1614+23 the client of the home inspector without the client's
1615+24 written consent.
1616+25 (30) Providing fees, gifts, waivers of liability, or
1617+26 other forms of compensation or gratuities to persons
1618+
1619+
1620+
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1627+ HB2207 - 46 - LRB103 27667 AMQ 54044 b
1628+1 licensed under any real estate professional licensing act
1629+2 in this State as consideration or inducement for the
1630+3 referral of business.
1631+4 (31) Violating the terms of any order issued by the
1632+5 Department.
1633+6 (b) The Department may suspend, revoke, or refuse to issue
1634+7 or renew an education provider's license, may reprimand, place
1635+8 on probation, or otherwise discipline an education provider
1636+9 licensee, and may suspend or revoke the course approval of any
1637+10 course offered by an education provider, for any of the
1638+11 following:
1639+12 (1) Procuring or attempting to procure licensure by
1640+13 knowingly making a false statement, submitting false
1641+14 information, making any form of fraud or
1642+15 misrepresentation, or refusing to provide complete
1643+16 information in response to a question in an application
1644+17 for licensure.
1645+18 (2) Failing to comply with the covenants certified to
1646+19 on the application for licensure as an education provider.
1647+20 (3) Committing an act or omission involving
1648+21 dishonesty, fraud, or misrepresentation or allowing any
1649+22 such act or omission by any employee or contractor under
1650+23 the control of the education provider.
1651+24 (4) Engaging in misleading or untruthful advertising.
1652+25 (5) Failing to retain competent instructors in
1653+26 accordance with rules adopted under this Act.
1654+
1655+
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1664+1 (6) Failing to meet the topic or time requirements for
1665+2 course approval as the provider of a pre-license
1666+3 curriculum course or a continuing education course.
1667+4 (7) Failing to administer an approved course using the
1668+5 course materials, syllabus, and examinations submitted as
1669+6 the basis of the course approval.
1670+7 (8) Failing to provide an appropriate classroom
1671+8 environment for presentation of courses, with
1672+9 consideration for student comfort, acoustics, lighting,
1673+10 seating, workspace, and visual aid material.
1674+11 (9) Failing to maintain student records in compliance
1675+12 with the rules adopted under this Act.
1676+13 (10) Failing to provide a certificate, transcript, or
1677+14 other student record to the Department or to a student as
1678+15 may be required by rule.
1679+16 (11) Failing to fully cooperate with a Department
1680+17 investigation by knowingly making a false statement,
1681+18 submitting false or misleading information, or refusing to
1682+19 provide complete information in response to written
1683+20 interrogatories or a written request for documentation
1684+21 within 30 days of the request.
1685+22 (c) (Blank).
1686+23 (d) The Department may refuse to issue or may suspend
1687+24 without hearing, as provided for in the Code of Civil
1688+25 Procedure, the license of any person who fails to file a tax
1689+26 return, to pay the tax, penalty, or interest shown in a filed
1690+
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1700+1 tax return, or to pay any final assessment of tax, penalty, or
1701+2 interest, as required by any tax Act administered by the
1702+3 Illinois Department of Revenue, until such time as the
1703+4 requirements of the tax Act are satisfied in accordance with
1704+5 subsection (g) of Section 2105-15 of the Civil Administrative
1705+6 Code of Illinois.
1706+7 (e) (Blank).
1707+8 (f) In cases where the Department of Healthcare and Family
1708+9 Services has previously determined that a licensee or a
1709+10 potential licensee is more than 30 days delinquent in the
1710+11 payment of child support and has subsequently certified the
1711+12 delinquency to the Department, the Department may refuse to
1712+13 issue or renew or may revoke or suspend that person's license
1713+14 or may take other disciplinary action against that person
1714+15 based solely upon the certification of delinquency made by the
1715+16 Department of Healthcare and Family Services in accordance
1716+17 with item (5) of subsection (a) of Section 2105-15 of the Civil
1717+18 Administrative Code of Illinois.
1718+19 (g) The determination by a circuit court that a licensee
1719+20 is subject to involuntary admission or judicial admission, as
1720+21 provided in the Mental Health and Developmental Disabilities
1721+22 Code, operates as an automatic suspension. The suspension will
1722+23 end only upon a finding by a court that the patient is no
1723+24 longer subject to involuntary admission or judicial admission
1724+25 and the issuance of a court order so finding and discharging
1725+26 the patient.
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1735+ HB2207 - 49 - LRB103 27667 AMQ 54044 b
1736+1 (h) (Blank).
1737+2 (Source: P.A. 102-20, eff. 1-1-22.)
1738+3 (225 ILCS 441/15-11)
1739+4 (Section scheduled to be repealed on January 1, 2027)
1740+5 Sec. 15-11. Illegal discrimination. When there has been an
1741+6 adjudication in a civil or criminal proceeding that a licensee
1742+7 has illegally discriminated while engaged in any activity for
1743+8 which a license is required under this Act, the Department,
1744+9 upon the determination by recommendation of the Secretary
1745+10 Board as to the extent of the suspension or revocation, shall
1746+11 suspend or revoke the license of that licensee in a timely
1747+12 manner, unless the adjudication is in the appeal process. When
1748+13 there has been an order in an administrative proceeding
1749+14 finding that a licensee has illegally discriminated while
1750+15 engaged in any activity for which a license is required under
1751+16 this Act, the Department, upon the determination by
1752+17 recommendation of the Secretary Board as to the nature and
1753+18 extent of the discipline, shall take one or more of the
1754+19 disciplinary actions provided for in Section 15-10 of this Act
1755+20 in a timely manner, unless the administrative order is in the
1756+21 appeal process.
1757+22 (Source: P.A. 102-970, eff. 5-27-22.)
1758+23 (225 ILCS 441/15-15)
1759+24 (Section scheduled to be repealed on January 1, 2027)
1760+
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1770+1 Sec. 15-15. Investigation; notice; hearing. The Department
1771+2 may investigate the actions of any person who is an applicant,
1772+3 or licensee, or of any person or persons rendering or offering
1773+4 to render home inspection services, or any person holding or
1774+5 claiming to hold a license as a home inspector. The Department
1775+6 shall, before refusing to issue or renew a license or to
1776+7 discipline a person licensee pursuant to Section 15-10, at
1777+8 least 30 days prior to the date set for the hearing, (i) notify
1778+9 the person charged accused in writing and the person's
1779+10 managing licensed home inspector, if any, of the charges made
1780+11 and the time and place for the hearing on the charges, (ii)
1781+12 direct the person licensee or applicant to file a written
1782+13 answer with the Department under oath within 20 days after the
1783+14 service of the notice, and (iii) inform the person applicant
1784+15 or licensee that failure to file an answer will result in a
1785+16 default judgment being entered against the person applicant or
1786+17 licensee. At the time and place fixed in the notice, the
1787+18 Department shall proceed to hear the charges and the parties
1788+19 of their counsel shall be accorded ample opportunity to
1789+20 present any pertinent statements, testimony, evidence, and
1790+21 arguments. The Department may continue the hearing from time
1791+22 to time. In case the person, after receiving the notice, fails
1792+23 to file an answer, the license, may, in the discretion of the
1793+24 Department, be revoked, suspended, placed on probationary
1794+25 status, or the Department may take whatever disciplinary
1795+26 actions considered proper, including limiting the scope,
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1806+1 nature, or extent of the person's practice or the imposition
1807+2 of a fine, without a hearing, if the act or acts charged
1808+3 constitute sufficient grounds for that action under the Act.
1809+4 The notice may be served by personal delivery, by mail, or, at
1810+5 the discretion of the Department, by electronic means to the
1811+6 address of record or email address of record specified by the
1812+7 person accused as last updated with the Department.
1813+8 A copy of the hearing officer's report or any Order of
1814+9 Default, along with a copy of the original complaint giving
1815+10 rise to the action, shall be served upon the applicant,
1816+11 licensee, or unlicensed person by the Department to the
1817+12 applicant, licensee, or unlicensed individual in the manner
1818+13 provided in this Act for the service of a notice of hearing.
1819+14 Within 20 days after service, the person applicant or licensee
1820+15 may present to the Department a motion in writing for a
1821+16 rehearing, which shall specify the particular grounds for
1822+17 rehearing. If the person orders from the reporting service and
1823+18 pays for a transcript of the record within the time for filing
1824+19 a motion for rehearing, then the 20-day period during which a
1825+20 motion may be filed shall commence upon the delivery of the
1826+21 transcript to the applicant or licensee. The Department may
1827+22 respond to the motion, or if a motion for rehearing is denied,
1828+23 then upon denial, the Secretary may enter an order in
1829+24 accordance with the recommendations of the hearing officer. A
1830+25 copy of the Department's final disciplinary order shall be
1831+26 delivered to the person and the person's managing home
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1842+1 inspector, if any. If the applicant or licensee orders from
1843+2 the reporting service and pays for a transcript of the record
1844+3 within the time for filing a motion for rehearing, then the
1845+4 20-day period during which a motion may be filed shall
1846+5 commence upon the delivery of the transcript to the applicant
1847+6 or licensee.
1848+7 (Source: P.A. 102-20, eff. 1-1-22.)
1849+8 (225 ILCS 441/25-27)
1850+9 (Section scheduled to be repealed on January 1, 2027)
1851+10 Sec. 25-27. Subpoenas; depositions; oaths.
1852+11 (a) The Department may subpoena and bring before it any
1853+12 person to take oral or written testimony or compel the
1854+13 production of any books, papers, records, or any other
1855+14 documents the Secretary or the Secretary's designee deems
1856+15 relevant or material to any investigation or hearing conducted
1857+16 by the Department with the same fees and in the same manner as
1858+17 prescribed in civil cases in the courts of this State.
1859+18 (b) Any circuit court, upon the application of the
1860+19 licensee or the Department, may order the attendance and
1861+20 testimony of witnesses and the production of relevant
1862+21 documents, files, records, books, and papers in connection
1863+22 with any hearing or investigation. The circuit court may
1864+23 compel obedience to its order by proceedings for contempt.
1865+24 (c) The Secretary or the Secretary's designee, the hearing
1866+25 officer, any member of the Board, or a certified shorthand
1867+
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1877+1 court reporter may administer oaths at any hearing the
1878+2 Department conducts. Notwithstanding any other statute or
1879+3 Department rule to the contrary, all requests for testimony,
1880+4 production of documents, or records shall be in accordance
1881+5 with this Act.
1882+6 (Source: P.A. 102-20, eff. 1-1-22.)
1883+7 Section 20. The Real Estate License Act of 2000 is amended
1884+8 by changing Sections 1-10, 5-6, 5-10, 5-20, 5-29, 5-50, 5-60,
1885+9 5-75, 10-25, 10-30, 20-20, 20-20.1, 20-22, 20-23, 20-25,
1886+10 20-60, 20-69, 20-72, 25-10, and 25-25 and by adding Section
1887+11 20-21.1 as follows:
1888+12 (225 ILCS 454/1-10)
1889+13 (Section scheduled to be repealed on January 1, 2030)
1890+14 Sec. 1-10. Definitions. In this Act, unless the context
1891+15 otherwise requires:
1892+16 "Act" means the Real Estate License Act of 2000.
1893+17 "Address of record" means the designated address recorded
1894+18 by the Department in the applicant's or licensee's application
1895+19 file or license file as maintained by the Department.
1896+20 "Agency" means a relationship in which a broker or
1897+21 licensee, whether directly or through an affiliated licensee,
1898+22 represents a consumer by the consumer's consent, whether
1899+23 express or implied, in a real property transaction.
1900+24 "Applicant" means any person, as defined in this Section,
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1911+1 who applies to the Department for a valid license as a managing
1912+2 broker, broker, or residential leasing agent.
1913+3 "Blind advertisement" means any real estate advertisement
1914+4 that is used by a licensee regarding the sale or lease of real
1915+5 estate, licensed activities, or the hiring of any licensee
1916+6 under this Act that does not include the sponsoring broker's
1917+7 complete business name or, in the case of electronic
1918+8 advertisements, does not provide a direct link to a display
1919+9 with all the required disclosures. The broker's business name
1920+10 in the case of a franchise shall include the franchise
1921+11 affiliation as well as the name of the individual firm.
1922+12 "Board" means the Real Estate Administration and
1923+13 Disciplinary Board of the Department as created by Section
1924+14 25-10 of this Act.
1925+15 "Broker" means an individual, entity, corporation, foreign
1926+16 or domestic partnership, limited liability company, registered
1927+17 limited liability partnership, or other business entity other
1928+18 than a residential leasing agent who, whether in person or
1929+19 through any media or technology, for another and for
1930+20 compensation, or with the intention or expectation of
1931+21 receiving compensation, either directly or indirectly:
1932+22 (1) Sells, exchanges, purchases, rents, or leases real
1933+23 estate.
1934+24 (2) Offers to sell, exchange, purchase, rent, or lease
1935+25 real estate.
1936+26 (3) Negotiates, offers, attempts, or agrees to
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1947+1 negotiate the sale, exchange, purchase, rental, or leasing
1948+2 of real estate.
1949+3 (4) Lists, offers, attempts, or agrees to list real
1950+4 estate for sale, rent, lease, or exchange.
1951+5 (5) Whether for another or themselves, engages in a
1952+6 pattern of business of buying, selling, offering to buy or
1953+7 sell, marketing for sale, exchanging, or otherwise dealing
1954+8 in contracts, including assignable contracts for the
1955+9 purchase or sale of, or options on real estate or
1956+10 improvements thereon. For purposes of this definition, an
1957+11 individual or entity will be found to have engaged in a
1958+12 pattern of business if the individual or entity by itself
1959+13 or with any combination of other individuals or entities,
1960+14 whether as partners or common owners in another entity,
1961+15 has engaged in one or more of these practices on 2 or more
1962+16 occasions in any 12-month period.
1963+17 (6) Supervises the collection, offer, attempt, or
1964+18 agreement to collect rent for the use of real estate.
1965+19 (7) Advertises or represents oneself as being engaged
1966+20 in the business of buying, selling, exchanging, renting,
1967+21 or leasing real estate.
1968+22 (8) Assists or directs in procuring or referring of
1969+23 leads or prospects, intended to result in the sale,
1970+24 exchange, lease, or rental of real estate.
1971+25 (9) Assists or directs in the negotiation of any
1972+26 transaction intended to result in the sale, exchange,
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1983+1 lease, or rental of real estate.
1984+2 (10) Opens real estate to the public for marketing
1985+3 purposes.
1986+4 (11) Sells, rents, leases, or offers for sale or lease
1987+5 real estate at auction.
1988+6 (12) Prepares or provides a broker price opinion or
1989+7 comparative market analysis as those terms are defined in
1990+8 this Act, pursuant to the provisions of Section 10-45 of
1991+9 this Act.
1992+10 "Brokerage agreement" means a written or oral agreement
1993+11 between a sponsoring broker and a consumer for licensed
1994+12 activities, or the performance of future licensed activities,
1995+13 to be provided to a consumer in return for compensation or the
1996+14 right to receive compensation from another. Brokerage
1997+15 agreements may constitute either a bilateral or a unilateral
1998+16 agreement between the broker and the broker's client depending
1999+17 upon the content of the brokerage agreement. All exclusive
2000+18 brokerage agreements shall be in writing.
2001+19 "Broker price opinion" means an estimate or analysis of
2002+20 the probable selling price of a particular interest in real
2003+21 estate, which may provide a varying level of detail about the
2004+22 property's condition, market, and neighborhood and information
2005+23 on comparable sales. The activities of a real estate broker or
2006+24 managing broker engaging in the ordinary course of business as
2007+25 a broker, as defined in this Section, shall not be considered a
2008+26 broker price opinion if no compensation is paid to the broker
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2018+ HB2207 - 57 - LRB103 27667 AMQ 54044 b
2019+1 or managing broker, other than compensation based upon the
2020+2 sale or rental of real estate. A broker price opinion shall not
2021+3 be considered an appraisal within the meaning of the Real
2022+4 Estate Appraiser Licensing Act of 2002, any amendment to that
2023+5 Act, or any successor Act.
2024+6 "Client" means a person who is being represented by a
2025+7 licensee.
2026+8 "Comparative market analysis" means an analysis or opinion
2027+9 regarding pricing, marketing, or financial aspects relating to
2028+10 a specified interest or interests in real estate that may be
2029+11 based upon an analysis of comparative market data, the
2030+12 expertise of the real estate broker or managing broker, and
2031+13 such other factors as the broker or managing broker may deem
2032+14 appropriate in developing or preparing such analysis or
2033+15 opinion. The activities of a real estate broker or managing
2034+16 broker engaging in the ordinary course of business as a
2035+17 broker, as defined in this Section, shall not be considered a
2036+18 comparative market analysis if no compensation is paid to the
2037+19 broker or managing broker, other than compensation based upon
2038+20 the sale or rental of real estate. A comparative market
2039+21 analysis shall not be considered an appraisal within the
2040+22 meaning of the Real Estate Appraiser Licensing Act of 2002,
2041+23 any amendment to that Act, or any successor Act.
2042+24 "Compensation" means the valuable consideration given by
2043+25 one person or entity to another person or entity in exchange
2044+26 for the performance of some activity or service. Compensation
2045+
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2054+ HB2207 - 58 - LRB103 27667 AMQ 54044 b
2055+1 shall include the transfer of valuable consideration,
2056+2 including without limitation the following:
2057+3 (1) commissions;
2058+4 (2) referral fees;
2059+5 (3) bonuses;
2060+6 (4) prizes;
2061+7 (5) merchandise;
2062+8 (6) finder fees;
2063+9 (7) performance of services;
2064+10 (8) coupons or gift certificates;
2065+11 (9) discounts;
2066+12 (10) rebates;
2067+13 (11) a chance to win a raffle, drawing, lottery, or
2068+14 similar game of chance not prohibited by any other law or
2069+15 statute;
2070+16 (12) retainer fee; or
2071+17 (13) salary.
2072+18 "Confidential information" means information obtained by a
2073+19 licensee from a client during the term of a brokerage
2074+20 agreement that (i) was made confidential by the written
2075+21 request or written instruction of the client, (ii) deals with
2076+22 the negotiating position of the client, or (iii) is
2077+23 information the disclosure of which could materially harm the
2078+24 negotiating position of the client, unless at any time:
2079+25 (1) the client permits the disclosure of information
2080+26 given by that client by word or conduct;
2081+
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2091+1 (2) the disclosure is required by law; or
2092+2 (3) the information becomes public from a source other
2093+3 than the licensee.
2094+4 "Confidential information" shall not be considered to
2095+5 include material information about the physical condition of
2096+6 the property.
2097+7 "Consumer" means a person or entity seeking or receiving
2098+8 licensed activities.
2099+9 "Coordinator" means the Coordinator of Real Estate created
2100+10 in Section 25-15 of this Act.
2101+11 "Credit hour" means 50 minutes of instruction in course
2102+12 work that meets the requirements set forth in rules adopted by
2103+13 the Department.
2104+14 "Customer" means a consumer who is not being represented
2105+15 by the licensee.
2106+16 "Department" means the Department of Financial and
2107+17 Professional Regulation.
2108+18 "Designated agency" means a contractual relationship
2109+19 between a sponsoring broker and a client under Section 15-50
2110+20 of this Act in which one or more licensees associated with or
2111+21 employed by the broker are designated as agent of the client.
2112+22 "Designated agent" means a sponsored licensee named by a
2113+23 sponsoring broker as the legal agent of a client, as provided
2114+24 for in Section 15-50 of this Act.
2115+25 "Designated managing broker" means a managing broker who
2116+26 has supervisory responsibilities for licensees in one or, in
2117+
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2127+1 the case of a multi-office company, more than one office and
2128+2 who has been appointed as such by the sponsoring broker
2129+3 registered with the Department.
2130+4 "Director" means the Director of Real Estate within the
2131+5 Department of Financial and Professional Regulation.
2132+6 "Dual agency" means an agency relationship in which a
2133+7 licensee is representing both buyer and seller or both
2134+8 landlord and tenant in the same transaction. When the agency
2135+9 relationship is a designated agency, the question of whether
2136+10 there is a dual agency shall be determined by the agency
2137+11 relationships of the designated agent of the parties and not
2138+12 of the sponsoring broker.
2139+13 "Education provider" means a school licensed by the
2140+14 Department offering courses in pre-license, post-license, or
2141+15 continuing education required by this Act.
2142+16 "Employee" or other derivative of the word "employee",
2143+17 when used to refer to, describe, or delineate the relationship
2144+18 between a sponsoring broker and a managing broker, broker, or
2145+19 a residential leasing agent, shall be construed to include an
2146+20 independent contractor relationship, provided that a written
2147+21 agreement exists that clearly establishes and states the
2148+22 relationship.
2149+23 "Escrow moneys" means all moneys, promissory notes, or any
2150+24 other type or manner of legal tender or financial
2151+25 consideration deposited with any person for the benefit of the
2152+26 parties to the transaction. A transaction exists once an
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2163+1 agreement has been reached and an accepted real estate
2164+2 contract signed or lease agreed to by the parties. "Escrow
2165+3 moneys" includes, without limitation, earnest moneys and
2166+4 security deposits, except those security deposits in which the
2167+5 person holding the security deposit is also the sole owner of
2168+6 the property being leased and for which the security deposit
2169+7 is being held.
2170+8 "Electronic means of proctoring" means a methodology
2171+9 providing assurance that the person taking a test and
2172+10 completing the answers to questions is the person seeking
2173+11 licensure or credit for continuing education and is doing so
2174+12 without the aid of a third party or other device.
2175+13 "Exclusive brokerage agreement" means a written brokerage
2176+14 agreement that provides that the sponsoring broker has the
2177+15 sole right, through one or more sponsored licensees, to act as
2178+16 the exclusive agent or representative of the client and that
2179+17 meets the requirements of Section 15-75 of this Act.
2180+18 "Inactive" means a status of licensure where the licensee
2181+19 holds a current license under this Act, but the licensee is
2182+20 prohibited from engaging in licensed activities because the
2183+21 licensee is unsponsored or the license of the sponsoring
2184+22 broker with whom the licensee is associated or by whom the
2185+23 licensee is employed is currently expired, revoked, suspended,
2186+24 or otherwise rendered invalid under this Act. The license of
2187+25 any business entity that is not in good standing with the
2188+26 Illinois Secretary of State, or is not authorized to conduct
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2199+1 business in Illinois, shall immediately become inactive and
2200+2 that entity shall be prohibited from engaging in any licensed
2201+3 activities.
2202+4 "Leads" means the name or names of a potential buyer,
2203+5 seller, lessor, lessee, or client of a licensee.
2204+6 "License" means the privilege conferred by the Department
2205+7 to a person that has fulfilled all requirements prerequisite
2206+8 to any type of licensure under this Act.
2207+9 "Licensed activities" means those activities listed in the
2208+10 definition of "broker" under this Section.
2209+11 "Licensee" means any person licensed under this Act.
2210+12 "Listing presentation" means any communication, written or
2211+13 oral and by any means or media, between a managing broker or
2212+14 broker and a consumer in which the licensee is attempting to
2213+15 secure a brokerage agreement with the consumer to market the
2214+16 consumer's real estate for sale or lease.
2215+17 "Managing broker" means a licensee who may be authorized
2216+18 to assume responsibilities as a designated managing broker for
2217+19 licensees in one or, in the case of a multi-office company,
2218+20 more than one office, upon appointment by the sponsoring
2219+21 broker and registration with the Department. A managing broker
2220+22 may act as one's own sponsor.
2221+23 "Medium of advertising" means any method of communication
2222+24 intended to influence the general public to use or purchase a
2223+25 particular good or service or real estate, including, but not
2224+26 limited to, print, electronic, social media, and digital
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2235+1 forums.
2236+2 "Office" means a broker's place of business where the
2237+3 general public is invited to transact business and where
2238+4 records may be maintained and licenses readily available,
2239+5 whether or not it is the broker's principal place of business.
2240+6 "Person" means and includes individuals, entities,
2241+7 corporations, limited liability companies, registered limited
2242+8 liability partnerships, foreign and domestic partnerships, and
2243+9 other business entities, except that when the context
2244+10 otherwise requires, the term may refer to a single individual
2245+11 or other described entity.
2246+12 "Proctor" means any person, including, but not limited to,
2247+13 an instructor, who has a written agreement to administer
2248+14 examinations fairly and impartially with a licensed education
2249+15 provider.
2250+16 "Real estate" means and includes leaseholds as well as any
2251+17 other interest or estate in land, whether corporeal,
2252+18 incorporeal, freehold, or non-freehold and whether the real
2253+19 estate is situated in this State or elsewhere. "Real estate"
2254+20 does not include property sold, exchanged, or leased as a
2255+21 timeshare or similar vacation item or interest, vacation club
2256+22 membership, or other activity formerly regulated under the
2257+23 Real Estate Timeshare Act of 1999 (repealed).
2258+24 "Regular employee" means a person working an average of 20
2259+25 hours per week for a person or entity who would be considered
2260+26 as an employee under the Internal Revenue Service rules for
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2271+1 classifying workers.
2272+2 "Renewal period" means the period beginning 90 days prior
2273+3 to the expiration date of a license.
2274+4 "Residential leasing agent" means a person who is employed
2275+5 by a broker to engage in licensed activities limited to
2276+6 leasing residential real estate who has obtained a license as
2277+7 provided for in Section 5-5 of this Act.
2278+8 "Secretary" means the Secretary of the Department of
2279+9 Financial and Professional Regulation, or a person authorized
2280+10 by the Secretary to act in the Secretary's stead.
2281+11 "Sponsoring broker" means the broker who certifies to the
2282+12 Department the broker's his, her, or its sponsorship of a
2283+13 licensed managing broker, broker, or a residential leasing
2284+14 agent.
2285+15 "Sponsorship" means that a sponsoring broker has certified
2286+16 to the Department that a managing broker, broker, or
2287+17 residential leasing agent is employed by or associated by
2288+18 written agreement with the sponsoring broker and the
2289+19 Department has registered the sponsorship, as provided for in
2290+20 Section 5-40 of this Act.
2291+21 "Team" means any 2 or more licensees who work together to
2292+22 provide real estate brokerage services, represent themselves
2293+23 to the public as being part of a team or group, are identified
2294+24 by a team name that is different than their sponsoring
2295+25 broker's name, and together are supervised by the same
2296+26 managing broker and sponsored by the same sponsoring broker.
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2307+1 "Team" does not mean a separately organized, incorporated, or
2308+2 legal entity.
2309+3 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
2310+4 (225 ILCS 454/5-6)
2311+5 (Section scheduled to be repealed on January 1, 2030)
2312+6 Sec. 5-6. Social Security Number or Individual Taxpayer
2313+7 Tax Identification Number on license application. In addition
2314+8 to any other information required to be contained in the
2315+9 application, every application for an original license under
2316+10 this Act shall include the applicant's Social Security Number
2317+11 or Tax Identification Number, which shall be retained in the
2318+12 agency's records pertaining to the license. An applicant may
2319+13 provide an Individual Taxpayer Identification Number as an
2320+14 alternative to providing a Social Security Number when
2321+15 applying for a license. As soon as practical, the Department
2322+16 shall assign a separate and distinct identification number to
2323+17 each applicant for a license.
2324+18 Every application for a renewal or restored license shall
2325+19 require the applicant's identification number.
2326+20 (Source: P.A. 101-357, eff. 8-9-19.)
2327+21 (225 ILCS 454/5-10)
2328+22 (Section scheduled to be repealed on January 1, 2030)
2329+23 Sec. 5-10. Requirements for license as a residential
2330+24 leasing agent; continuing education.
2331+
2332+
2333+
2334+
2335+
2336+ HB2207 - 65 - LRB103 27667 AMQ 54044 b
2337+
2338+
2339+HB2207- 66 -LRB103 27667 AMQ 54044 b HB2207 - 66 - LRB103 27667 AMQ 54044 b
2340+ HB2207 - 66 - LRB103 27667 AMQ 54044 b
2341+1 (a) Every applicant for licensure as a residential leasing
2342+2 agent must meet the following qualifications:
2343+3 (1) be at least 18 years of age;
2344+4 (2) be of good moral character;
2345+5 (3) successfully complete a 4-year course of study in
2346+6 a high school or secondary school or an equivalent course
2347+7 of study approved by the state in which the school is
2348+8 located, or possess a State of Illinois High School
2349+9 Diploma, which shall be verified under oath by the
2350+10 applicant;
2351+11 (4) personally take and pass a written examination
2352+12 authorized by the Department sufficient to demonstrate the
2353+13 applicant's knowledge of the provisions of this Act
2354+14 relating to residential leasing agents and the applicant's
2355+15 competence to engage in the activities of a licensed
2356+16 residential leasing agent;
2357+17 (5) provide satisfactory evidence of having completed
2358+18 15 hours of instruction in an approved course of study
2359+19 relating to the leasing of residential real property. The
2360+20 Board may recommend to the Department the number of hours
2361+21 each topic of study shall require. The course of study
2362+22 shall, among other topics, cover the provisions of this
2363+23 Act applicable to residential leasing agents; fair housing
2364+24 and human rights issues relating to residential leasing;
2365+25 advertising and marketing issues; leases, applications,
2366+26 and credit and criminal background reports; owner-tenant
2367+
2368+
2369+
2370+
2371+
2372+ HB2207 - 66 - LRB103 27667 AMQ 54044 b
2373+
2374+
2375+HB2207- 67 -LRB103 27667 AMQ 54044 b HB2207 - 67 - LRB103 27667 AMQ 54044 b
2376+ HB2207 - 67 - LRB103 27667 AMQ 54044 b
2377+1 relationships and owner-tenant laws; the handling of
2378+2 funds; and environmental issues relating to residential
2379+3 real property;
2380+4 (6) complete any other requirements as set forth by
2381+5 rule; and
2382+6 (7) present a valid application for issuance of an
2383+7 initial license accompanied by fees specified by rule.
2384+8 (b) No applicant shall engage in any of the activities
2385+9 covered by this Act without a valid license and until a valid
2386+10 sponsorship has been registered with the Department.
2387+11 (c) Successfully completed course work, completed pursuant
2388+12 to the requirements of this Section, may be applied to the
2389+13 course work requirements to obtain a managing broker's or
2390+14 broker's license as provided by rule. The Board may recommend
2391+15 to the Department and the Department may adopt requirements
2392+16 for approved courses, course content, and the approval of
2393+17 courses, instructors, and education providers, as well as
2394+18 education provider and instructor fees. The Department may
2395+19 establish continuing education requirements for residential
2396+20 licensed leasing agents, by rule, consistent with the language
2397+21 and intent of this Act, with the advice of the Board.
2398+22 (d) The continuing education requirement for residential
2399+23 leasing agents shall consist of a single core curriculum to be
2400+24 prescribed by the Department as recommended by the Board.
2401+25 Leasing agents shall be required to complete no less than 8
2402+26 hours of continuing education in the core curriculum during
2403+
2404+
2405+
2406+
2407+
2408+ HB2207 - 67 - LRB103 27667 AMQ 54044 b
2409+
2410+
2411+HB2207- 68 -LRB103 27667 AMQ 54044 b HB2207 - 68 - LRB103 27667 AMQ 54044 b
2412+ HB2207 - 68 - LRB103 27667 AMQ 54044 b
2413+1 the current term of the license. The curriculum shall, at a
2414+2 minimum, consist of a single course or courses on the subjects
2415+3 of fair housing and human rights issues related to residential
2416+4 leasing, advertising and marketing issues, leases,
2417+5 applications, credit reports, and criminal history, the
2418+6 handling of funds, owner-tenant relationships and owner-tenant
2419+7 laws, and environmental issues relating to residential real
2420+8 estate.
2421+9 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22;
2422+10 102-1100, eff. 1-1-23; revised 12-14-22.)
2423+11 (225 ILCS 454/5-20)
2424+12 (Section scheduled to be repealed on January 1, 2030)
2425+13 Sec. 5-20. Exemptions from managing broker, broker, or
2426+14 residential leasing agent license requirement; Department
2427+15 exemption from education provider and related licenses. The
2428+16 requirement for holding a license under this Article 5 shall
2429+17 not apply to:
2430+18 (1) Any person, as defined in Section 1-10, that as
2431+19 owner or lessor performs any of the acts described in the
2432+20 definition of "broker" under Section 1-10 of this Act with
2433+21 reference to property owned or leased by it, or to the
2434+22 regular employees thereof with respect to the property so
2435+23 owned or leased, where such acts are performed in the
2436+24 regular course of or as an incident to the management,
2437+25 sale, or other disposition of such property and the
2438+
2439+
2440+
2441+
2442+
2443+ HB2207 - 68 - LRB103 27667 AMQ 54044 b
2444+
2445+
2446+HB2207- 69 -LRB103 27667 AMQ 54044 b HB2207 - 69 - LRB103 27667 AMQ 54044 b
2447+ HB2207 - 69 - LRB103 27667 AMQ 54044 b
2448+1 investment therein, if such regular employees do not
2449+2 perform any of the acts described in the definition of
2450+3 "broker" under Section 1-10 of this Act in connection with
2451+4 a vocation of selling or leasing any real estate or the
2452+5 improvements thereon not so owned or leased.
2453+6 (2) An attorney in fact acting under a duly executed
2454+7 and recorded power of attorney to convey real estate from
2455+8 the owner or lessor or the services rendered by an
2456+9 attorney at law in the performance of the attorney's duty
2457+10 as an attorney at law.
2458+11 (3) Any person acting as receiver, trustee in
2459+12 bankruptcy, administrator, executor, or guardian or while
2460+13 acting under a court order or under the authority of a will
2461+14 or testamentary trust.
2462+15 (4) Any person acting as a resident manager for the
2463+16 owner or any employee acting as the resident manager for a
2464+17 broker managing an apartment building, duplex, or
2465+18 apartment complex, when the resident manager resides on
2466+19 the premises, the premises is the his or her primary
2467+20 residence of the resident manager, and the resident
2468+21 manager is engaged in the leasing of that the property of
2469+22 which he or she is the resident manager.
2470+23 (5) Any officer or employee of a federal agency in the
2471+24 conduct of official duties.
2472+25 (6) Any officer or employee of the State government or
2473+26 any political subdivision thereof performing official
2474+
2475+
2476+
2477+
2478+
2479+ HB2207 - 69 - LRB103 27667 AMQ 54044 b
2480+
2481+
2482+HB2207- 70 -LRB103 27667 AMQ 54044 b HB2207 - 70 - LRB103 27667 AMQ 54044 b
2483+ HB2207 - 70 - LRB103 27667 AMQ 54044 b
2484+1 duties.
2485+2 (7) Any multiple listing service or other similar
2486+3 information exchange that is engaged in the collection and
2487+4 dissemination of information concerning real estate
2488+5 available for sale, purchase, lease, or exchange for the
2489+6 purpose of providing licensees with a system by which
2490+7 licensees may cooperatively share information along with
2491+8 which no other licensed activities, as defined in Section
2492+9 1-10 of this Act, are provided.
2493+10 (8) Railroads and other public utilities regulated by
2494+11 the State of Illinois, or the officers or full-time
2495+12 employees thereof, unless the performance of any licensed
2496+13 activities is in connection with the sale, purchase,
2497+14 lease, or other disposition of real estate or investment
2498+15 therein that does not require the approval of the
2499+16 appropriate State regulatory authority.
2500+17 (9) Any medium of advertising in the routine course of
2501+18 selling or publishing advertising along with which no
2502+19 other licensed activities, as defined in Section 1-10 of
2503+20 this Act, are provided.
2504+21 (10) Any resident lessee of a residential dwelling
2505+22 unit who refers for compensation to the owner of the
2506+23 dwelling unit, or to the owner's agent, prospective
2507+24 lessees of dwelling units in the same building or complex
2508+25 as the resident lessee's unit, but only if the resident
2509+26 lessee (i) refers no more than 3 prospective lessees in
2510+
2511+
2512+
2513+
2514+
2515+ HB2207 - 70 - LRB103 27667 AMQ 54044 b
2516+
2517+
2518+HB2207- 71 -LRB103 27667 AMQ 54044 b HB2207 - 71 - LRB103 27667 AMQ 54044 b
2519+ HB2207 - 71 - LRB103 27667 AMQ 54044 b
2520+1 any 12-month period, (ii) receives compensation of no more
2521+2 than $5,000 or the equivalent of 2 months' rent, whichever
2522+3 is less, in any 12-month period, and (iii) limits his or
2523+4 her activities to referring prospective lessees to the
2524+5 owner, or the owner's agent, and does not show a
2525+6 residential dwelling unit to a prospective lessee, discuss
2526+7 terms or conditions of leasing a dwelling unit with a
2527+8 prospective lessee, or otherwise participate in the
2528+9 negotiation of the leasing of a dwelling unit.
2529+10 (11) The purchase, sale, or transfer of a timeshare or
2530+11 similar vacation item or interest, vacation club
2531+12 membership, or other activity formerly regulated under the
2532+13 Real Estate Timeshare Act of 1999 (repealed).
2533+14 (12) (Blank).
2534+15 (13) Any person who is licensed without examination
2535+16 under Section 10-25 (now repealed) of the Auction License
2536+17 Act is exempt from holding a managing broker's or broker's
2537+18 license under this Act for the limited purpose of selling
2538+19 or leasing real estate at auction, so long as:
2539+20 (A) that person has made application for said
2540+21 exemption by July 1, 2000;
2541+22 (B) that person verifies to the Department that
2542+23 the person he or she has sold real estate at auction
2543+24 for a period of 5 years prior to licensure as an
2544+25 auctioneer;
2545+26 (C) the person has had no lapse in the licensure
2546+
2547+
2548+
2549+
2550+
2551+ HB2207 - 71 - LRB103 27667 AMQ 54044 b
2552+
2553+
2554+HB2207- 72 -LRB103 27667 AMQ 54044 b HB2207 - 72 - LRB103 27667 AMQ 54044 b
2555+ HB2207 - 72 - LRB103 27667 AMQ 54044 b
2556+1 his or her license as an auctioneer; and
2557+2 (D) the license issued under the Auction License
2558+3 Act has not been disciplined for violation of those
2559+4 provisions of Article 20 of the Auction License Act
2560+5 dealing with or related to the sale or lease of real
2561+6 estate at auction.
2562+7 (14) A person who holds a valid license under the
2563+8 Auction License Act and a valid real estate auction
2564+9 certification and conducts auctions for the sale of real
2565+10 estate under Section 5-32 of this Act.
2566+11 (15) A hotel operator who is registered with the
2567+12 Illinois Department of Revenue and pays taxes under the
2568+13 Hotel Operators' Occupation Tax Act and rents a room or
2569+14 rooms in a hotel as defined in the Hotel Operators'
2570+15 Occupation Tax Act for a period of not more than 30
2571+16 consecutive days and not more than 60 days in a calendar
2572+17 year or a person who participates in an online marketplace
2573+18 enabling persons to rent out all or part of the person's
2574+19 owned residence.
2575+20 (16) Notwithstanding any provisions to the contrary,
2576+21 the Department and its employees shall be exempt from
2577+22 education, course provider, instructor, and course license
2578+23 requirements and fees while acting in an official capacity
2579+24 on behalf of the Department. Courses offered by the
2580+25 Department shall be eligible for continuing education
2581+26 credit.
2582+
2583+
2584+
2585+
2586+
2587+ HB2207 - 72 - LRB103 27667 AMQ 54044 b
2588+
2589+
2590+HB2207- 73 -LRB103 27667 AMQ 54044 b HB2207 - 73 - LRB103 27667 AMQ 54044 b
2591+ HB2207 - 73 - LRB103 27667 AMQ 54044 b
2592+1 (Source: P.A. 100-534, eff. 9-22-17; 100-831, eff. 1-1-19;
2593+2 101-357, eff. 8-9-19.)
2594+3 (225 ILCS 454/5-29)
2595+4 (Section scheduled to be repealed on January 1, 2030)
2596+5 Sec. 5-29. Temporary practice as a designated managing
2597+6 broker. Upon the loss of a designated managing broker who is
2598+7 not replaced by the sponsoring broker or in the event of the
2599+8 death or adjudicated disability of a self-sponsored managing
2600+9 broker the sole proprietor of an office, a written request for
2601+10 authorization allowing the continued operation of the office
2602+11 may be submitted to the Department within 15 days of the loss.
2603+12 The Department may issue a written authorization allowing the
2604+13 continued operation, provided that a licensed managing broker
2605+14 or, in the case of the death or adjudicated disability of a
2606+15 self-sponsored managing broker sole proprietor, the
2607+16 representative of the estate, assumes responsibility, in
2608+17 writing, for the operation of the office and agrees to
2609+18 personally supervise the operation of the office. No such
2610+19 written authorization shall be valid for more than 60 days
2611+20 unless extended by the Department for good cause shown and
2612+21 upon written request by the broker or representative.
2613+22 (Source: P.A. 101-357, eff. 8-9-19.)
2614+23 (225 ILCS 454/5-50)
2615+24 (Section scheduled to be repealed on January 1, 2030)
2616+
2617+
2618+
2619+
2620+
2621+ HB2207 - 73 - LRB103 27667 AMQ 54044 b
2622+
2623+
2624+HB2207- 74 -LRB103 27667 AMQ 54044 b HB2207 - 74 - LRB103 27667 AMQ 54044 b
2625+ HB2207 - 74 - LRB103 27667 AMQ 54044 b
2626+1 Sec. 5-50. Expiration and renewal of managing broker,
2627+2 broker, or residential leasing agent license; sponsoring
2628+3 broker; register of licensees.
2629+4 (a) The expiration date and renewal period for each
2630+5 license issued under this Act shall be set by rule. Except as
2631+6 otherwise provided in this Section, the holder of a license
2632+7 may renew the license within 90 days preceding the expiration
2633+8 date thereof by completing the continuing education required
2634+9 by this Act and paying the fees specified by rule.
2635+10 (b) An individual whose first license is that of a broker
2636+11 received on or after the effective date of this amendatory Act
2637+12 of the 101st General Assembly, must provide evidence of having
2638+13 completed 45 hours of post-license education presented in a
2639+14 classroom or a live, interactive webinar, or online distance
2640+15 education course, and which shall require passage of a final
2641+16 examination.
2642+17 The Board may recommend, and the Department shall approve,
2643+18 45 hours of post-license education, consisting of three
2644+19 15-hour post-license courses, one each that covers applied
2645+20 brokerage principles, risk management/discipline, and
2646+21 transactional issues. Each of the courses shall require its
2647+22 own 50-question final examination, which shall be administered
2648+23 by the education provider that delivers the course.
2649+24 Individuals whose first license is that of a broker
2650+25 received on or after the effective date of this amendatory Act
2651+26 of the 101st General Assembly, must complete all three 15-hour
2652+
2653+
2654+
2655+
2656+
2657+ HB2207 - 74 - LRB103 27667 AMQ 54044 b
2658+
2659+
2660+HB2207- 75 -LRB103 27667 AMQ 54044 b HB2207 - 75 - LRB103 27667 AMQ 54044 b
2661+ HB2207 - 75 - LRB103 27667 AMQ 54044 b
2662+1 courses and successfully pass a course final examination for
2663+2 each course prior to the date of the next broker renewal
2664+3 deadline, except for those individuals who receive their first
2665+4 license within the 180 days preceding the next broker renewal
2666+5 deadline, who must complete all three 15-hour courses and
2667+6 successfully pass a course final examination for each course
2668+7 prior to the second broker renewal deadline that follows the
2669+8 receipt of their license.
2670+9 (c) Any managing broker, broker, or residential leasing
2671+10 agent whose license under this Act has expired shall be
2672+11 eligible to renew the license during the 2-year period
2673+12 following the expiration date, provided the managing broker,
2674+13 broker, or residential leasing agent pays the fees as
2675+14 prescribed by rule and completes continuing education and
2676+15 other requirements provided for by the Act or by rule. A
2677+16 managing broker, broker, or residential leasing agent whose
2678+17 license has been expired for more than 2 years but less than 5
2679+18 years may have it restored by (i) applying to the Department,
2680+19 (ii) paying the required fee, (iii) completing the continuing
2681+20 education requirements for the most recent term of licensure
2682+21 that ended prior to the date of the application for
2683+22 reinstatement, and (iv) filing acceptable proof of fitness to
2684+23 have the license restored, as set by rule. A managing broker,
2685+24 broker, or residential leasing agent whose license has been
2686+25 expired for more than 5 years shall be required to meet the
2687+26 requirements for a new license.
2688+
2689+
2690+
2691+
2692+
2693+ HB2207 - 75 - LRB103 27667 AMQ 54044 b
2694+
2695+
2696+HB2207- 76 -LRB103 27667 AMQ 54044 b HB2207 - 76 - LRB103 27667 AMQ 54044 b
2697+ HB2207 - 76 - LRB103 27667 AMQ 54044 b
2698+1 (d) Notwithstanding any other provisions of this Act to
2699+2 the contrary, any managing broker, broker, or residential
2700+3 leasing agent whose license expired while the licensee was (i)
2701+4 on active duty with the Armed Forces of the United States or
2702+5 called into service or training by the state militia, (ii)
2703+6 engaged in training or education under the supervision of the
2704+7 United States preliminary to induction into military service,
2705+8 or (iii) serving as the Coordinator of Real Estate in the State
2706+9 of Illinois or as an employee of the Department may have the
2707+10 license renewed, reinstated or restored without paying any
2708+11 lapsed renewal fees, and without completing the continuing
2709+12 education requirements for that licensure period if within 2
2710+13 years after the termination of the service, training or
2711+14 education the licensee furnishes by furnishing the Department
2712+15 with satisfactory evidence of service, training, or education
2713+16 and termination it has been terminated under honorable
2714+17 conditions.
2715+18 (e) Each licensee shall carry on one's person the license
2716+19 or an electronic version thereof.
2717+20 (f) The Department shall provide to the sponsoring broker
2718+21 a notice of renewal for all sponsored licensees by mailing the
2719+22 notice to the sponsoring broker's address of record, or, at
2720+23 the Department's discretion, emailing the notice to the
2721+24 sponsoring broker's email address of record.
2722+25 (g) Upon request from the sponsoring broker, the
2723+26 Department shall make available to the sponsoring broker, by
2724+
2725+
2726+
2727+
2728+
2729+ HB2207 - 76 - LRB103 27667 AMQ 54044 b
2730+
2731+
2732+HB2207- 77 -LRB103 27667 AMQ 54044 b HB2207 - 77 - LRB103 27667 AMQ 54044 b
2733+ HB2207 - 77 - LRB103 27667 AMQ 54044 b
2734+1 electronic means at the discretion of the Department, a
2735+2 listing of licensees under this Act who, according to the
2736+3 records of the Department, are sponsored by that broker. Every
2737+4 licensee associated with or employed by a broker whose license
2738+5 is revoked, suspended, or expired shall be considered inactive
2739+6 until such time as the sponsoring broker's license is
2740+7 reinstated or renewed, or a new valid sponsorship is
2741+8 registered with the Department as set forth in subsection (b)
2742+9 of Section 5-40 of this Act.
7842743 10 (h) The Department shall not issue or renew a license if
7852744 11 the applicant or licensee has an unpaid fine or fee from a
7862745 12 disciplinary matter or from a non-disciplinary action imposed
7872746 13 by the Department until the fine or fee is paid to the
7882747 14 Department or the applicant or licensee has entered into a
7892748 15 payment plan and is current on the required payments.
7902749 16 (i) The Department shall not issue or renew a license if
7912750 17 the applicant or licensee has an unpaid fine or civil penalty
7922751 18 imposed by the Department for unlicensed practice until the
7932752 19 fine or civil penalty is paid to the Department or the
7942753 20 applicant or licensee has entered into a payment plan and is
7952754 21 current on the required payments.
796-22 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
797-23 (225 ILCS 427/85)
2755+22 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
2756+23 (225 ILCS 454/5-60)
2757+24 (Section scheduled to be repealed on January 1, 2030)
2758+25 Sec. 5-60. Managing broker licensed in another state;
2759+
2760+
2761+
2762+
2763+
2764+ HB2207 - 77 - LRB103 27667 AMQ 54044 b
2765+
2766+
2767+HB2207- 78 -LRB103 27667 AMQ 54044 b HB2207 - 78 - LRB103 27667 AMQ 54044 b
2768+ HB2207 - 78 - LRB103 27667 AMQ 54044 b
2769+1 broker licensed in another state; reciprocal agreements; agent
2770+2 for service of process.
2771+3 (a) A managing broker's license may be issued by the
2772+4 Department to a managing broker or its equivalent licensed
2773+5 under the laws of another state of the United States, under the
2774+6 following conditions:
2775+7 (1) the managing broker holds a managing broker's
2776+8 license in a state that has entered into a reciprocal
2777+9 agreement with the Department;
2778+10 (2) the standards for that state for licensing as a
2779+11 managing broker are substantially equal to or greater than
2780+12 the minimum standards in the State of Illinois;
2781+13 (3) the managing broker has been actively practicing
2782+14 as a managing broker in the managing broker's state of
2783+15 licensure for a period of not less than 2 years,
2784+16 immediately prior to the date of application;
2785+17 (4) the managing broker furnishes the Department with
2786+18 a statement under seal of the proper licensing authority
2787+19 of the state in which the managing broker is licensed
2788+20 showing that the managing broker has an active managing
2789+21 broker's license, that the managing broker is in good
2790+22 standing, and any disciplinary action taken that no
2791+23 complaints are pending against the managing broker in that
2792+24 state;
2793+25 (5) the managing broker passes a test on Illinois
2794+26 specific real estate brokerage laws; and
2795+
2796+
2797+
2798+
2799+
2800+ HB2207 - 78 - LRB103 27667 AMQ 54044 b
2801+
2802+
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2804+ HB2207 - 79 - LRB103 27667 AMQ 54044 b
2805+1 (6) the managing broker was licensed by an examination
2806+2 in the state that has entered into a reciprocal agreement
2807+3 with the Department.
2808+4 (b) A broker's license may be issued by the Department to a
2809+5 broker or its equivalent licensed under the laws of another
2810+6 state of the United States, under the following conditions:
2811+7 (1) the broker holds a broker's license in a state
2812+8 that has entered into a reciprocal agreement with the
2813+9 Department;
2814+10 (2) the standards for that state for licensing as a
2815+11 broker are substantially equivalent to or greater than the
2816+12 minimum standards in the State of Illinois;
2817+13 (3) (blank);
2818+14 (4) the broker furnishes the Department with a
2819+15 statement under seal of the proper licensing authority of
2820+16 the state in which the broker is licensed showing that the
2821+17 broker has an active broker's license, that the broker is
2822+18 in good standing, and any disciplinary action taken that
2823+19 no complaints are pending against the broker in that
2824+20 state;
2825+21 (5) the broker passes a test on Illinois specific real
2826+22 estate brokerage laws; and
2827+23 (6) the broker was licensed by an examination in a
2828+24 state that has entered into a reciprocal agreement with
2829+25 the Department.
2830+26 (c) (Blank).
2831+
2832+
2833+
2834+
2835+
2836+ HB2207 - 79 - LRB103 27667 AMQ 54044 b
2837+
2838+
2839+HB2207- 80 -LRB103 27667 AMQ 54044 b HB2207 - 80 - LRB103 27667 AMQ 54044 b
2840+ HB2207 - 80 - LRB103 27667 AMQ 54044 b
2841+1 (d) As a condition precedent to the issuance of a license
2842+2 to a managing broker or broker pursuant to this Section, the
2843+3 managing broker or broker shall agree in writing to abide by
2844+4 all the provisions of this Act with respect to his or her real
2845+5 estate activities within the State of Illinois and submit to
2846+6 the jurisdiction of the Department as provided in this Act.
2847+7 The agreement shall be filed with the Department and shall
2848+8 remain in force for so long as the managing broker or broker is
2849+9 licensed by this State and thereafter with respect to acts or
2850+10 omissions committed while licensed as a managing broker or
2851+11 broker in this State.
2852+12 (e) Prior to the issuance of any license to any managing
2853+13 broker or broker pursuant to this Section, verification of
2854+14 active licensure issued for the conduct of such business in
2855+15 any other state must be filed with the Department by the
2856+16 managing broker or broker, and the same fees must be paid as
2857+17 provided in this Act for the obtaining of a managing broker's
2858+18 or broker's license in this State.
2859+19 (f) Licenses previously granted under reciprocal
2860+20 agreements with other states shall remain in force so long as
2861+21 the Department has a reciprocal agreement with the state that
2862+22 includes the requirements of this Section, unless that license
2863+23 is suspended, revoked, or terminated by the Department for any
2864+24 reason provided for suspension, revocation, or termination of
2865+25 a resident licensee's license. Licenses granted under
2866+26 reciprocal agreements may be renewed in the same manner as a
2867+
2868+
2869+
2870+
2871+
2872+ HB2207 - 80 - LRB103 27667 AMQ 54044 b
2873+
2874+
2875+HB2207- 81 -LRB103 27667 AMQ 54044 b HB2207 - 81 - LRB103 27667 AMQ 54044 b
2876+ HB2207 - 81 - LRB103 27667 AMQ 54044 b
2877+1 resident's license.
2878+2 (g) Prior to the issuance of a license to a nonresident
2879+3 managing broker or broker, the managing broker or broker shall
2880+4 file with the Department, in a manner prescribed by the
2881+5 Department, a designation in writing that appoints the
2882+6 Secretary to act as his or her agent upon whom all judicial and
2883+7 other process or legal notices directed to the managing broker
2884+8 or broker may be served. Service upon the agent so designated
2885+9 shall be equivalent to personal service upon the licensee.
2886+10 Copies of the appointment, certified by the Secretary, shall
2887+11 be deemed sufficient evidence thereof and shall be admitted in
2888+12 evidence with the same force and effect as the original
2889+13 thereof might be admitted. In the written designation, the
2890+14 managing broker or broker shall agree that any lawful process
2891+15 against the licensee that is served upon the agent shall be of
2892+16 the same legal force and validity as if served upon the
2893+17 licensee and that the authority shall continue in force so
2894+18 long as any liability remains outstanding in this State. Upon
2895+19 the receipt of any process or notice, the Secretary shall
2896+20 forthwith deliver a copy of the same by regular mail or email
2897+21 to the last known business address or email address of the
2898+22 licensee.
2899+23 (h) Any person holding a valid license under this Section
2900+24 shall be eligible to obtain a managing broker's license or a
2901+25 broker's license without examination should that person change
2902+26 their state of domicile to Illinois and that person otherwise
2903+
2904+
2905+
2906+
2907+
2908+ HB2207 - 81 - LRB103 27667 AMQ 54044 b
2909+
2910+
2911+HB2207- 82 -LRB103 27667 AMQ 54044 b HB2207 - 82 - LRB103 27667 AMQ 54044 b
2912+ HB2207 - 82 - LRB103 27667 AMQ 54044 b
2913+1 meets the qualifications for licensure under this Act.
2914+2 (Source: P.A. 101-357, eff. 8-9-19.)
2915+3 (225 ILCS 454/5-75)
2916+4 (Section scheduled to be repealed on January 1, 2030)
2917+5 Sec. 5-75. Out-of-state continuing education credit. If a
2918+6 renewal applicant has earned continuing education hours in
2919+7 another state or territory for which the applicant he or she is
2920+8 claiming credit toward full compliance in Illinois, the
2921+9 Department may approve those hours based upon whether the
2922+10 course is one that would be approved under Section 5-70 of this
2923+11 Act, whether the course meets the basic requirements for
2924+12 continuing education under this Act, and any other criteria
2925+13 that are provided by statute or rule.
2926+14 (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
2927+15 (225 ILCS 454/10-25)
2928+16 (Section scheduled to be repealed on January 1, 2030)
2929+17 Sec. 10-25. Expiration of brokerage agreement. No licensee
2930+18 shall obtain any written brokerage agreement that does not
2931+19 either provide for automatic expiration within a definite
2932+20 period of time, and if longer than one year, or provide the
2933+21 client with a right to terminate the agreement annually by
2934+22 giving no more than 30 days' prior written notice. Any written
2935+23 brokerage agreement not containing such a provision shall be
2936+24 void. When the license of any sponsoring broker is suspended
2937+
2938+
2939+
2940+
2941+
2942+ HB2207 - 82 - LRB103 27667 AMQ 54044 b
2943+
2944+
2945+HB2207- 83 -LRB103 27667 AMQ 54044 b HB2207 - 83 - LRB103 27667 AMQ 54044 b
2946+ HB2207 - 83 - LRB103 27667 AMQ 54044 b
2947+1 or revoked, any brokerage agreement with the sponsoring broker
2948+2 shall be deemed to expire upon the effective date of the
2949+3 suspension or revocation.
2950+4 (Source: P.A. 98-531, eff. 8-23-13.)
2951+5 (225 ILCS 454/10-30)
2952+6 (Section scheduled to be repealed on January 1, 2030)
2953+7 Sec. 10-30. Advertising.
2954+8 (a) No advertising, whether in print, via the Internet, or
2955+9 through social media, digital forums, or any other media,
2956+10 shall be fraudulent, deceptive, inherently misleading, or
2957+11 proven to be misleading in practice. Advertising shall be
2958+12 considered misleading or untruthful if, when taken as a whole,
2959+13 there is a distinct and reasonable possibility that it will be
2960+14 misunderstood or will deceive the ordinary consumer.
2961+15 Advertising shall contain all information necessary to
2962+16 communicate the information contained therein to the public in
2963+17 an accurate, direct, and readily comprehensible manner. Team
2964+18 names may not contain inherently misleading terms, such as
2965+19 "company", "realty", "real estate", "agency", "associates",
2966+20 "brokers", "properties", or "property".
2967+21 (b) No blind advertisements may be used by any licensee,
2968+22 in any media, except as provided for in this Section.
2969+23 (c) A licensee shall disclose, in writing, to all parties
2970+24 in a transaction the licensee's his or her status as a licensee
2971+25 and any and all interest the licensee has or may have in the
2972+
2973+
2974+
2975+
2976+
2977+ HB2207 - 83 - LRB103 27667 AMQ 54044 b
2978+
2979+
2980+HB2207- 84 -LRB103 27667 AMQ 54044 b HB2207 - 84 - LRB103 27667 AMQ 54044 b
2981+ HB2207 - 84 - LRB103 27667 AMQ 54044 b
2982+1 real estate constituting the subject matter thereof, directly
2983+2 or indirectly, according to the following guidelines:
2984+3 (1) On broker yard signs or in broker advertisements,
2985+4 no disclosure of ownership is necessary. However, the
2986+5 ownership shall be indicated on any property data form
2987+6 accessible to the consumer and disclosed to persons
2988+7 responding to any advertisement or any sign. The term
2989+8 "broker owned" or "agent owned" is sufficient disclosure.
2990+9 (2) A sponsored or inactive licensee selling or
2991+10 leasing property, owned solely by the sponsored or
2992+11 inactive licensee, without utilizing brokerage services of
2993+12 their sponsoring broker or any other licensee, may
2994+13 advertise "By Owner". For purposes of this Section,
2995+14 property is "solely owned" by a sponsored or inactive
2996+15 licensee if the licensee he or she (i) has a 100% ownership
2997+16 interest alone, (ii) has ownership as a joint tenant or
2998+17 tenant by the entirety, or (iii) holds a 100% beneficial
2999+18 interest in a land trust. Sponsored or inactive licensees
3000+19 selling or leasing "By Owner" shall comply with the
3001+20 following if advertising by owner:
3002+21 (A) On "By Owner" yard signs, the sponsored or
3003+22 inactive licensee shall indicate "broker owned" or
3004+23 "agent owned." "By Owner" advertisements used in any
3005+24 medium of advertising shall include the term "broker
3006+25 owned" or "agent owned."
3007+26 (B) If a sponsored or inactive licensee runs
3008+
3009+
3010+
3011+
3012+
3013+ HB2207 - 84 - LRB103 27667 AMQ 54044 b
3014+
3015+
3016+HB2207- 85 -LRB103 27667 AMQ 54044 b HB2207 - 85 - LRB103 27667 AMQ 54044 b
3017+ HB2207 - 85 - LRB103 27667 AMQ 54044 b
3018+1 advertisements, for the purpose of purchasing or
3019+2 leasing real estate, the licensee he or she shall
3020+3 disclose in the advertisements the licensee's his or
3021+4 her status as a licensee.
3022+5 (C) A sponsored or inactive licensee shall not use
3023+6 the sponsoring broker's name or the sponsoring
3024+7 broker's company name in connection with the sale,
3025+8 lease, or advertisement of the property nor utilize
3026+9 the sponsoring broker's or company's name in
3027+10 connection with the sale, lease, or advertising of the
3028+11 property in a manner likely to create confusion among
3029+12 the public as to whether or not the services of a real
3030+13 estate company are being utilized or whether or not a
3031+14 real estate company has an ownership interest in the
3032+15 property.
3033+16 (d) A sponsored licensee may not advertise under the
3034+17 licensee's his or her own name. Advertising in any media shall
3035+18 be under the direct supervision of the sponsoring or
3036+19 designated managing broker and in the sponsoring broker's
3037+20 business name, which in the case of a franchise shall include
3038+21 the franchise affiliation as well as the name of the
3039+22 individual firm. This provision does not apply under the
3040+23 following circumstances:
3041+24 (1) When a licensee enters into a brokerage agreement
3042+25 relating to his or her own real estate owned by the
3043+26 licensee, or real estate in which the licensee he or she
3044+
3045+
3046+
3047+
3048+
3049+ HB2207 - 85 - LRB103 27667 AMQ 54044 b
3050+
3051+
3052+HB2207- 86 -LRB103 27667 AMQ 54044 b HB2207 - 86 - LRB103 27667 AMQ 54044 b
3053+ HB2207 - 86 - LRB103 27667 AMQ 54044 b
3054+1 has an ownership interest, with another licensed broker;
3055+2 or
3056+3 (2) When a licensee is selling or leasing his or her
3057+4 own real estate owned by the licensee or buying or leasing
3058+5 real estate for their own use himself or herself, after
3059+6 providing the appropriate written disclosure of his or her
3060+7 ownership interest as required in paragraph (2) of
3061+8 subsection (c) of this Section.
3062+9 (e) No licensee shall list the licensee's his or her name
3063+10 or otherwise advertise in the licensee's his or her own name to
3064+11 the general public through any medium of advertising as being
3065+12 in the real estate business without listing the his or her
3066+13 sponsoring broker's business name.
3067+14 (f) The sponsoring broker's business name and the name of
3068+15 the licensee must appear in all advertisements, including
3069+16 business cards. In advertising that includes the sponsoring
3070+17 broker's name and a team name or individual broker's name, the
3071+18 sponsoring broker's business name shall be at least equal in
3072+19 size or larger than the team name or that of the individual.
3073+20 (g) Those individuals licensed as a managing broker and
3074+21 designated with the Department as a designated managing broker
3075+22 by their sponsoring broker shall identify themselves to the
3076+23 public in advertising, except on "For Sale" or similar signs,
3077+24 as a designated managing broker. No other individuals holding
3078+25 a managing broker's license may hold themselves out to the
3079+26 public or other licensees as a designated managing broker, but
3080+
3081+
3082+
3083+
3084+
3085+ HB2207 - 86 - LRB103 27667 AMQ 54044 b
3086+
3087+
3088+HB2207- 87 -LRB103 27667 AMQ 54044 b HB2207 - 87 - LRB103 27667 AMQ 54044 b
3089+ HB2207 - 87 - LRB103 27667 AMQ 54044 b
3090+1 they may hold themselves out to be a managing broker.
3091+2 (Source: P.A. 101-357, eff. 8-9-19.)
3092+3 (225 ILCS 454/20-20)
3093+4 (Section scheduled to be repealed on January 1, 2030)
3094+5 Sec. 20-20. Nature of and grounds for discipline.
3095+6 (a) The Department may refuse to issue or renew a license,
3096+7 may place on probation, suspend, or revoke any license,
3097+8 reprimand, or take any other disciplinary or non-disciplinary
3098+9 action as the Department may deem proper and impose a fine not
3099+10 to exceed $25,000 for each violation upon any licensee or
3100+11 applicant under this Act or any person who holds oneself out as
3101+12 an applicant or licensee or against a licensee in handling
3102+13 one's own property, whether held by deed, option, or
3103+14 otherwise, for any one or any combination of the following
3104+15 causes:
3105+16 (1) Fraud or misrepresentation in applying for, or
3106+17 procuring, a license under this Act or in connection with
3107+18 applying for renewal of a license under this Act.
3108+19 (2) The licensee's conviction of or plea of guilty or
3109+20 plea of nolo contendere, as set forth in subsection (e) of
3110+21 Section 5-25, to: (A) a felony or misdemeanor in this
3111+22 State or any other jurisdiction; (B) the entry of an
3112+23 administrative sanction by a government agency in this
3113+24 State or any other jurisdiction; or (C) any crime that
3114+25 subjects the licensee to compliance with the requirements
3115+
3116+
3117+
3118+
3119+
3120+ HB2207 - 87 - LRB103 27667 AMQ 54044 b
3121+
3122+
3123+HB2207- 88 -LRB103 27667 AMQ 54044 b HB2207 - 88 - LRB103 27667 AMQ 54044 b
3124+ HB2207 - 88 - LRB103 27667 AMQ 54044 b
3125+1 of the Sex Offender Registration Act.
3126+2 (3) Inability to practice the profession with
3127+3 reasonable judgment, skill, or safety as a result of a
3128+4 physical illness, mental illness, or disability.
3129+5 (4) Practice under this Act as a licensee in a retail
3130+6 sales establishment from an office, desk, or space that is
3131+7 not separated from the main retail business and located
3132+8 within a separate and distinct area within the
3133+9 establishment.
3134+10 (5) Having been disciplined by another state, the
3135+11 District of Columbia, a territory, a foreign nation, or a
3136+12 governmental agency authorized to impose discipline if at
3137+13 least one of the grounds for that discipline is the same as
3138+14 or the equivalent of one of the grounds for which a
3139+15 licensee may be disciplined under this Act. A certified
3140+16 copy of the record of the action by the other state or
3141+17 jurisdiction shall be prima facie evidence thereof.
3142+18 (6) Engaging in the practice of real estate brokerage
3143+19 without a license or after the licensee's license or
3144+20 temporary permit was expired or while the license was
3145+21 inactive, revoked, or suspended.
3146+22 (7) Cheating on or attempting to subvert the Real
3147+23 Estate License Exam or a continuing education course or
3148+24 examination.
3149+25 (8) Aiding or abetting an applicant to subvert or
3150+26 cheat on the Real Estate License Exam or continuing
3151+
3152+
3153+
3154+
3155+
3156+ HB2207 - 88 - LRB103 27667 AMQ 54044 b
3157+
3158+
3159+HB2207- 89 -LRB103 27667 AMQ 54044 b HB2207 - 89 - LRB103 27667 AMQ 54044 b
3160+ HB2207 - 89 - LRB103 27667 AMQ 54044 b
3161+1 education exam administered pursuant to this Act.
3162+2 (9) Advertising that is inaccurate, misleading, or
3163+3 contrary to the provisions of the Act.
3164+4 (10) Making any substantial misrepresentation or
3165+5 untruthful advertising.
3166+6 (11) Making any false promises of a character likely
3167+7 to influence, persuade, or induce.
3168+8 (12) Pursuing a continued and flagrant course of
3169+9 misrepresentation or the making of false promises through
3170+10 licensees, employees, agents, advertising, or otherwise.
3171+11 (13) Any misleading or untruthful advertising, or
3172+12 using any trade name or insignia of membership in any real
3173+13 estate organization of which the licensee is not a member.
3174+14 (14) Acting for more than one party in a transaction
3175+15 without providing written notice to all parties for whom
3176+16 the licensee acts.
3177+17 (15) Representing or attempting to represent, or
3178+18 performing licensed activities for, a broker other than
3179+19 the sponsoring broker.
3180+20 (16) Failure to account for or to remit any moneys or
3181+21 documents coming into the licensee's possession that
3182+22 belong to others.
3183+23 (17) Failure to maintain and deposit in a special
3184+24 account, separate and apart from personal and other
3185+25 business accounts, all escrow moneys belonging to others
3186+26 entrusted to a licensee while acting as a broker, escrow
3187+
3188+
3189+
3190+
3191+
3192+ HB2207 - 89 - LRB103 27667 AMQ 54044 b
3193+
3194+
3195+HB2207- 90 -LRB103 27667 AMQ 54044 b HB2207 - 90 - LRB103 27667 AMQ 54044 b
3196+ HB2207 - 90 - LRB103 27667 AMQ 54044 b
3197+1 agent, or temporary custodian of the funds of others or
3198+2 failure to maintain all escrow moneys on deposit in the
3199+3 account until the transactions are consummated or
3200+4 terminated, except to the extent that the moneys, or any
3201+5 part thereof, shall be:
3202+6 (A) disbursed prior to the consummation or
3203+7 termination (i) in accordance with the written
3204+8 direction of the principals to the transaction or
3205+9 their duly authorized agents, (ii) in accordance with
3206+10 directions providing for the release, payment, or
3207+11 distribution of escrow moneys contained in any written
3208+12 contract signed by the principals to the transaction
3209+13 or their duly authorized agents, or (iii) pursuant to
3210+14 an order of a court of competent jurisdiction; or
3211+15 (B) deemed abandoned and transferred to the Office
3212+16 of the State Treasurer to be handled as unclaimed
3213+17 property pursuant to the Revised Uniform Unclaimed
3214+18 Property Act. Escrow moneys may be deemed abandoned
3215+19 under this subparagraph (B) only: (i) in the absence
3216+20 of disbursement under subparagraph (A); (ii) in the
3217+21 absence of notice of the filing of any claim in a court
3218+22 of competent jurisdiction; and (iii) if 6 months have
3219+23 elapsed after the receipt of a written demand for the
3220+24 escrow moneys from one of the principals to the
3221+25 transaction or the principal's duly authorized agent.
3222+26 The account shall be noninterest bearing, unless the
3223+
3224+
3225+
3226+
3227+
3228+ HB2207 - 90 - LRB103 27667 AMQ 54044 b
3229+
3230+
3231+HB2207- 91 -LRB103 27667 AMQ 54044 b HB2207 - 91 - LRB103 27667 AMQ 54044 b
3232+ HB2207 - 91 - LRB103 27667 AMQ 54044 b
3233+1 character of the deposit is such that payment of interest
3234+2 thereon is otherwise required by law or unless the
3235+3 principals to the transaction specifically require, in
3236+4 writing, that the deposit be placed in an interest-bearing
3237+5 account.
3238+6 (18) Failure to make available to the Department all
3239+7 escrow records and related documents maintained in
3240+8 connection with the practice of real estate within 24
3241+9 hours of a request for those documents by Department
3242+10 personnel.
3243+11 (19) Failing to furnish copies upon request of
3244+12 documents relating to a real estate transaction to a party
3245+13 who has executed that document.
3246+14 (20) Failure of a sponsoring broker or licensee to
3247+15 timely provide sponsorship or termination of sponsorship
3248+16 information to the Department.
3249+17 (21) Engaging in dishonorable, unethical, or
3250+18 unprofessional conduct of a character likely to deceive,
3251+19 defraud, or harm the public, including, but not limited
3252+20 to, conduct set forth in rules adopted by the Department.
3253+21 (22) Commingling the money or property of others with
3254+22 the licensee's own money or property.
3255+23 (23) Employing any person on a purely temporary or
3256+24 single deal basis as a means of evading the law regarding
3257+25 payment of commission to nonlicensees on some contemplated
3258+26 transactions.
3259+
3260+
3261+
3262+
3263+
3264+ HB2207 - 91 - LRB103 27667 AMQ 54044 b
3265+
3266+
3267+HB2207- 92 -LRB103 27667 AMQ 54044 b HB2207 - 92 - LRB103 27667 AMQ 54044 b
3268+ HB2207 - 92 - LRB103 27667 AMQ 54044 b
3269+1 (24) Permitting the use of one's license as a broker
3270+2 to enable a residential leasing agent or unlicensed person
3271+3 to operate a real estate business without actual
3272+4 participation therein and control thereof by the broker.
3273+5 (25) Any other conduct, whether of the same or a
3274+6 different character from that specified in this Section,
3275+7 that constitutes dishonest dealing.
3276+8 (26) Displaying a "for rent" or "for sale" sign on any
3277+9 property without the written consent of an owner or the
3278+10 owner's duly authorized agent or advertising by any means
3279+11 that any property is for sale or for rent without the
3280+12 written consent of the owner or the owner's authorized
3281+13 agent.
3282+14 (27) Failing to provide information requested by the
3283+15 Department, or otherwise respond to that request, within
3284+16 30 days of the request.
3285+17 (28) Advertising by means of a blind advertisement,
3286+18 except as otherwise permitted in Section 10-30 of this
3287+19 Act.
3288+20 (29) A licensee under this Act or an unlicensed
3289+21 individual offering guaranteed sales plans, as defined in
3290+22 Section 10-50, except to the extent set forth in Section
3291+23 10-50.
3292+24 (30) Influencing or attempting to influence, by any
3293+25 words or acts, a prospective seller, purchaser, occupant,
3294+26 landlord, or tenant of real estate, in connection with
3295+
3296+
3297+
3298+
3299+
3300+ HB2207 - 92 - LRB103 27667 AMQ 54044 b
3301+
3302+
3303+HB2207- 93 -LRB103 27667 AMQ 54044 b HB2207 - 93 - LRB103 27667 AMQ 54044 b
3304+ HB2207 - 93 - LRB103 27667 AMQ 54044 b
3305+1 viewing, buying, or leasing real estate, so as to promote
3306+2 or tend to promote the continuance or maintenance of
3307+3 racially and religiously segregated housing or so as to
3308+4 retard, obstruct, or discourage racially integrated
3309+5 housing on or in any street, block, neighborhood, or
3310+6 community.
3311+7 (31) Engaging in any act that constitutes a violation
3312+8 of any provision of Article 3 of the Illinois Human Rights
3313+9 Act, whether or not a complaint has been filed with or
3314+10 adjudicated by the Human Rights Commission.
3315+11 (32) Inducing any party to a contract of sale or lease
3316+12 or brokerage agreement to break the contract of sale or
3317+13 lease or brokerage agreement for the purpose of
3318+14 substituting, in lieu thereof, a new contract for sale or
3319+15 lease or brokerage agreement with a third party.
3320+16 (33) Negotiating a sale, exchange, or lease of real
3321+17 estate directly with any person if the licensee knows that
3322+18 the person has an exclusive brokerage agreement with
3323+19 another broker, unless specifically authorized by that
3324+20 broker.
3325+21 (34) When a licensee is also an attorney, acting as
3326+22 the attorney for either the buyer or the seller in the same
3327+23 transaction in which the licensee is acting or has acted
3328+24 as a managing broker or broker.
3329+25 (35) Advertising or offering merchandise or services
3330+26 as free if any conditions or obligations necessary for
3331+
3332+
3333+
3334+
3335+
3336+ HB2207 - 93 - LRB103 27667 AMQ 54044 b
3337+
3338+
3339+HB2207- 94 -LRB103 27667 AMQ 54044 b HB2207 - 94 - LRB103 27667 AMQ 54044 b
3340+ HB2207 - 94 - LRB103 27667 AMQ 54044 b
3341+1 receiving the merchandise or services are not disclosed in
3342+2 the same advertisement or offer. These conditions or
3343+3 obligations include without limitation the requirement
3344+4 that the recipient attend a promotional activity or visit
3345+5 a real estate site. As used in this subdivision (35),
3346+6 "free" includes terms such as "award", "prize", "no
3347+7 charge", "free of charge", "without charge", and similar
3348+8 words or phrases that reasonably lead a person to believe
3349+9 that one may receive or has been selected to receive
3350+10 something of value, without any conditions or obligations
3351+11 on the part of the recipient.
3352+12 (36) (Blank).
3353+13 (37) Violating the terms of any a disciplinary order
3354+14 issued by the Department.
3355+15 (38) Paying or failing to disclose compensation in
3356+16 violation of Article 10 of this Act.
3357+17 (39) Requiring a party to a transaction who is not a
3358+18 client of the licensee to allow the licensee to retain a
3359+19 portion of the escrow moneys for payment of the licensee's
3360+20 commission or expenses as a condition for release of the
3361+21 escrow moneys to that party.
3362+22 (40) Disregarding or violating any provision of this
3363+23 Act or the published rules adopted by the Department to
3364+24 enforce this Act or aiding or abetting any individual,
3365+25 foreign or domestic partnership, registered limited
3366+26 liability partnership, limited liability company,
3367+
3368+
3369+
3370+
3371+
3372+ HB2207 - 94 - LRB103 27667 AMQ 54044 b
3373+
3374+
3375+HB2207- 95 -LRB103 27667 AMQ 54044 b HB2207 - 95 - LRB103 27667 AMQ 54044 b
3376+ HB2207 - 95 - LRB103 27667 AMQ 54044 b
3377+1 corporation, or other business entity in disregarding any
3378+2 provision of this Act or the published rules adopted by
3379+3 the Department to enforce this Act.
3380+4 (41) Failing to provide the minimum services required
3381+5 by Section 15-75 of this Act when acting under an
3382+6 exclusive brokerage agreement.
3383+7 (42) Habitual or excessive use of or addiction to
3384+8 alcohol, narcotics, stimulants, or any other chemical
3385+9 agent or drug that results in a managing broker, broker,
3386+10 or residential leasing agent's inability to practice with
3387+11 reasonable skill or safety.
3388+12 (43) Enabling, aiding, or abetting an auctioneer, as
3389+13 defined in the Auction License Act, to conduct a real
3390+14 estate auction in a manner that is in violation of this
3391+15 Act.
3392+16 (44) Permitting any residential leasing agent or
3393+17 temporary residential leasing agent permit holder to
3394+18 engage in activities that require a broker's or managing
3395+19 broker's license.
3396+20 (45) Failing to notify the Department, within 30 days
3397+21 after the occurrence, of the information required in
3398+22 subsection (e) of Section 5-25.
3399+23 (46) A designated managing broker's failure to provide
3400+24 an appropriate written company policy or failure to
3401+25 perform any of the duties set forth in Section 10-55.
3402+26 (47) Filing liens or recording written instruments in
3403+
3404+
3405+
3406+
3407+
3408+ HB2207 - 95 - LRB103 27667 AMQ 54044 b
3409+
3410+
3411+HB2207- 96 -LRB103 27667 AMQ 54044 b HB2207 - 96 - LRB103 27667 AMQ 54044 b
3412+ HB2207 - 96 - LRB103 27667 AMQ 54044 b
3413+1 any county in the State on noncommercial, residential real
3414+2 property that relate to a broker's compensation for
3415+3 licensed activity under the Act.
3416+4 (b) The Department may refuse to issue or renew or may
3417+5 suspend the license of any person who fails to file a return,
3418+6 pay the tax, penalty or interest shown in a filed return, or
3419+7 pay any final assessment of tax, penalty, or interest, as
3420+8 required by any tax Act administered by the Department of
3421+9 Revenue, until such time as the requirements of that tax Act
3422+10 are satisfied in accordance with subsection (g) of Section
3423+11 2105-15 of the Department of Professional Regulation Law of
3424+12 the Civil Administrative Code of Illinois.
3425+13 (c) (Blank).
3426+14 (d) In cases where the Department of Healthcare and Family
3427+15 Services (formerly Department of Public Aid) has previously
3428+16 determined that a licensee or a potential licensee is more
3429+17 than 30 days delinquent in the payment of child support and has
3430+18 subsequently certified the delinquency to the Department may
3431+19 refuse to issue or renew or may revoke or suspend that person's
3432+20 license or may take other disciplinary action against that
3433+21 person based solely upon the certification of delinquency made
3434+22 by the Department of Healthcare and Family Services in
3435+23 accordance with item (5) of subsection (a) of Section 2105-15
3436+24 of the Department of Professional Regulation Law of the Civil
3437+25 Administrative Code of Illinois.
3438+26 (e) (Blank).
3439+
3440+
3441+
3442+
3443+
3444+ HB2207 - 96 - LRB103 27667 AMQ 54044 b
3445+
3446+
3447+HB2207- 97 -LRB103 27667 AMQ 54044 b HB2207 - 97 - LRB103 27667 AMQ 54044 b
3448+ HB2207 - 97 - LRB103 27667 AMQ 54044 b
3449+1 (Source: P.A. 101-81, eff. 7-12-19; 101-357, eff. 8-9-19;
3450+2 102-970, eff. 5-27-22.)
3451+3 (225 ILCS 454/20-20.1)
3452+4 (Section scheduled to be repealed on January 1, 2030)
3453+5 Sec. 20-20.1. Citations.
3454+6 (a) The Department may adopt rules to permit the issuance
3455+7 of citations to any licensee for failure to comply with the
3456+8 continuing education and post-license education requirements
3457+9 set forth in this Act or as adopted by rule. The citation shall
3458+10 be issued to the licensee, and a copy shall be sent to the
3459+11 licensee's designated managing broker and sponsoring broker.
3460+12 The citation shall contain the licensee's name and address,
3461+13 the licensee's license number, the number of required hours of
3462+14 continuing education or post-license education that have not
3463+15 been successfully completed by the licensee's renewal
3464+16 deadline, and the penalty imposed, which shall not exceed
3465+17 $2,000. The issuance of any such citation shall not excuse the
3466+18 licensee from completing all continuing education or
3467+19 post-license education required for that term of licensure.
3468+20 (b) Service of a citation shall be made by in person,
3469+21 electronically, or by mail to the licensee at the licensee's
3470+22 address of record or email address of record, and must clearly
3471+23 state that if the cited licensee wishes to dispute the
3472+24 citation, the cited licensee may make a written request,
3473+25 within 30 days after the citation is served, for a hearing
3474+
3475+
3476+
3477+
3478+
3479+ HB2207 - 97 - LRB103 27667 AMQ 54044 b
3480+
3481+
3482+HB2207- 98 -LRB103 27667 AMQ 54044 b HB2207 - 98 - LRB103 27667 AMQ 54044 b
3483+ HB2207 - 98 - LRB103 27667 AMQ 54044 b
3484+1 before the Department. If the cited licensee does not request
3485+2 a hearing within 30 days after the citation is served, then the
3486+3 citation shall become a final, non-disciplinary order, and any
3487+4 fine imposed is due and payable within 60 days after that final
3488+5 order. If the cited licensee requests a hearing within 30 days
3489+6 after the citation is served, the Department shall afford the
3490+7 cited licensee a hearing conducted in the same manner as a
3491+8 hearing provided for in this Act for any violation of this Act
3492+9 and shall determine whether the cited licensee committed the
3493+10 violation as charged and whether the fine as levied is
3494+11 warranted. If the violation is found, any fine shall
3495+12 constitute non-public discipline and be due and payable within
3496+13 30 days after the order of the Secretary, which shall
3497+14 constitute a final order of the Department. No change in
3498+15 license status may be made by the Department until such time as
3499+16 a final order of the Department has been issued.
3500+17 (c) Payment of a fine that has been assessed pursuant to
3501+18 this Section shall not constitute disciplinary action
3502+19 reportable on the Department's website or elsewhere unless a
3503+20 licensee has previously received 2 or more citations and has
3504+21 been assessed 2 or more fines.
3505+22 (d) Nothing in this Section shall prohibit or limit the
3506+23 Department from taking further action pursuant to this Act and
3507+24 rules for additional, repeated, or continuing violations.
3508+25 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
3509+
3510+
3511+
3512+
3513+
3514+ HB2207 - 98 - LRB103 27667 AMQ 54044 b
3515+
3516+
3517+HB2207- 99 -LRB103 27667 AMQ 54044 b HB2207 - 99 - LRB103 27667 AMQ 54044 b
3518+ HB2207 - 99 - LRB103 27667 AMQ 54044 b
3519+1 (225 ILCS 454/20-21.1 new)
3520+2 Sec. 20-21.1. Injunctions; cease and desist order.
3521+3 (a) If any person violates the provisions of this Act, the
3522+4 Secretary may, in the name of the People of the State of
3523+5 Illinois, through the Attorney General or the State's Attorney
3524+6 for any county in which the action is brought, petition for an
3525+7 order enjoining the violation or for an order enforcing
3526+8 compliance with this Act. Upon the filing of a verified
3527+9 petition in court, the court may issue a temporary restraining
3528+10 order, without notice or condition, and may preliminarily and
3529+11 permanently enjoin the violation. If it is established that
3530+12 the person has violated or is violating the injunction, the
3531+13 Court may punish the offender for contempt of court.
3532+14 Proceedings under this Section shall be in addition to, and
3533+15 not in lieu of, all other remedies and penalties provided by
3534+16 this Act.
3535+17 (b) If, in the opinion of the Department, a person
3536+18 violates a provision of this Act, the Department may issue a
3537+19 ruling to show cause why an order to cease and desist should
3538+20 not be entered against that person. The rule shall clearly set
3539+21 forth the grounds relied upon by the Department and shall
3540+22 allow at least 7 days from the date of the rule to file an
3541+23 answer to the satisfaction of the Department. Failure to
3542+24 answer to the satisfaction of the Department shall cause an
3543+25 order to cease and desist to be issued immediately.
3544+26 (c) Other than as provided in Section 5-20 of this Act, if
3545+
3546+
3547+
3548+
3549+
3550+ HB2207 - 99 - LRB103 27667 AMQ 54044 b
3551+
3552+
3553+HB2207- 100 -LRB103 27667 AMQ 54044 b HB2207 - 100 - LRB103 27667 AMQ 54044 b
3554+ HB2207 - 100 - LRB103 27667 AMQ 54044 b
3555+1 any person practices as a managing broker, broker, or
3556+2 residential leasing agent or holds themselves out as a
3557+3 licensed sponsoring broker, managing broker, broker, or
3558+4 residential leasing agent under this Act without being issued
3559+5 a valid active license by the Department, then any licensed
3560+6 sponsoring broker, managing broker, broker, residential
3561+7 leasing agent, any interested party, or any person injured
3562+8 thereby may, in addition to the Secretary, petition for relief
3563+9 as provided in subsection (a).
3564+10 (225 ILCS 454/20-22)
3565+11 (Section scheduled to be repealed on January 1, 2030)
3566+12 Sec. 20-22. Violations. Any person who is found working or
3567+13 acting as a managing broker, broker, or residential leasing
3568+14 agent or holding oneself himself or herself out as a licensed
3569+15 sponsoring broker, managing broker, broker, or residential
3570+16 leasing agent without being issued a valid active license is
3571+17 guilty of a Class A misdemeanor and, on conviction of a second
3572+18 or subsequent offense, the violator shall be guilty of a Class
3573+19 4 felony.
3574+20 (Source: P.A. 101-357, eff. 8-9-19.)
3575+21 (225 ILCS 454/20-23)
3576+22 (Section scheduled to be repealed on January 1, 2030)
3577+23 Sec. 20-23. Confidentiality. All information collected by
3578+24 the Department in the course of an examination or
3579+
3580+
3581+
3582+
3583+
3584+ HB2207 - 100 - LRB103 27667 AMQ 54044 b
3585+
3586+
3587+HB2207- 101 -LRB103 27667 AMQ 54044 b HB2207 - 101 - LRB103 27667 AMQ 54044 b
3588+ HB2207 - 101 - LRB103 27667 AMQ 54044 b
3589+1 investigation of a licensee or applicant, including, but not
3590+2 limited to, any complaint against a licensee, applicant, or
3591+3 any person who holds oneself himself or herself out as a
3592+4 licensee or applicant that is filed with the Department and
3593+5 information collected to investigate any such complaint, shall
3594+6 be maintained for the confidential use of the Department and
3595+7 shall not be disclosed. The Department may not disclose the
3596+8 information to anyone other than law enforcement officials,
3597+9 regulatory agencies that have an appropriate regulatory
3598+10 interest as determined by the Secretary, or a party presenting
3599+11 a lawful subpoena to the Department. Information and documents
3600+12 disclosed to a federal, State, county, or local law
3601+13 enforcement agency shall not be disclosed by the agency for
3602+14 any purpose to any other agency or person. A formal complaint
3603+15 filed against a licensee by the Department or any order issued
3604+16 by the Department against a licensee or applicant shall be a
3605+17 public record, except as otherwise prohibited by law.
3606+18 (Source: P.A. 98-553, eff. 1-1-14.)
3607+19 (225 ILCS 454/20-25)
3608+20 (Section scheduled to be repealed on January 1, 2030)
3609+21 Sec. 20-25. Returned checks and dishonored credit card
3610+22 charges; fees. Any person who (1) delivers a check or other
3611+23 payment to the Department that is returned to the Department
3612+24 unpaid by the financial institution upon which it is drawn
3613+25 shall pay to the Department; or (2) presents a credit or debit
3614+
3615+
3616+
3617+
3618+
3619+ HB2207 - 101 - LRB103 27667 AMQ 54044 b
3620+
3621+
3622+HB2207- 102 -LRB103 27667 AMQ 54044 b HB2207 - 102 - LRB103 27667 AMQ 54044 b
3623+ HB2207 - 102 - LRB103 27667 AMQ 54044 b
3624+1 card for payment that is invalid or expired or against which
3625+2 charges by the Department are declined or dishonored, in
3626+3 addition to the amount already owed to the Department, a fee of
3627+4 $50. The Department shall notify the person that payment of
3628+5 fees and fines shall be paid to the Department by certified
3629+6 check or money order within 30 calendar days of the
3630+7 notification. If, after the expiration of 30 days from the
3631+8 date of the notification, the person has failed to submit the
3632+9 necessary remittance, the Department shall automatically
3633+10 revoke the license or deny the application, without hearing.
3634+11 If, after revocation or denial, the person seeks a license,
3635+12 the person he or she shall apply to the Department for
3636+13 restoration or issuance of the license and pay all fees and
3637+14 fines due to the Department. The Department may establish a
3638+15 fee for the processing of an application for restoration of a
3639+16 license to pay all expenses of processing this application.
3640+17 The Secretary may waive the fees due under this Section in
3641+18 individual cases where the Secretary finds that the fees would
3642+19 be unreasonable or unnecessarily burdensome.
3643+20 (Source: P.A. 101-357, eff. 8-9-19.)
3644+21 (225 ILCS 454/20-60)
3645+22 (Section scheduled to be repealed on January 1, 2030)
3646+23 Sec. 20-60. Investigations notice and hearing. The
3647+24 Department may investigate the actions of any applicant or of
3648+25 any person who is an applicant or person or persons rendering
3649+
3650+
3651+
3652+
3653+
3654+ HB2207 - 102 - LRB103 27667 AMQ 54044 b
3655+
3656+
3657+HB2207- 103 -LRB103 27667 AMQ 54044 b HB2207 - 103 - LRB103 27667 AMQ 54044 b
3658+ HB2207 - 103 - LRB103 27667 AMQ 54044 b
3659+1 or offering to render services for which a license is required
3660+2 by this Act or any person holding or claiming to hold a license
3661+3 under this Act and may notify the his or her designated
3662+4 managing broker and sponsoring broker of the pending
3663+5 investigation. The Department shall, before revoking,
3664+6 suspending, placing on probation, reprimanding, or taking any
3665+7 other disciplinary action under Article 20 of this Act, at
3666+8 least 30 days before the date set for the hearing, (i) notify
3667+9 the person charged accused and the his or her designated
3668+10 managing broker and sponsoring broker in writing of the
3669+11 charges made and the time and place for the hearing on the
3670+12 charges and whether the licensee's license has been
3671+13 temporarily suspended pursuant to Section 20-65, (ii) direct
3672+14 the person accused to file a written answer to the charges with
3673+15 the Board under oath within 20 days after the service on him or
3674+16 her of the notice, and (iii) inform the person accused that
3675+17 failure if he or she fails to answer will result in a , default
3676+18 will be taken against him or her or that the person's his or
3677+19 her license may be suspended, revoked, placed on probationary
3678+20 status, or other disciplinary action taken with regard to the
3679+21 license, including limiting the scope, nature, or extent of
3680+22 the ability to his or her practice, as the Department may
3681+23 consider proper. At the time and place fixed in the notice, the
3682+24 Board shall proceed to hear the charges and the parties or
3683+25 their counsel shall be accorded ample opportunity to present
3684+26 any pertinent statements, testimony, evidence, and arguments.
3685+
3686+
3687+
3688+
3689+
3690+ HB2207 - 103 - LRB103 27667 AMQ 54044 b
3691+
3692+
3693+HB2207- 104 -LRB103 27667 AMQ 54044 b HB2207 - 104 - LRB103 27667 AMQ 54044 b
3694+ HB2207 - 104 - LRB103 27667 AMQ 54044 b
3695+1 The Board may continue the hearing from time to time. In case
3696+2 the person, after receiving the notice, fails to file an
3697+3 answer, the person's his or her license may, in the discretion
3698+4 of the Department, be suspended, revoked, placed on
3699+5 probationary status, or the Department may take whatever
3700+6 disciplinary action considered proper, including limiting the
3701+7 scope, nature, or extent of the person's practice or the
3702+8 imposition of a fine, without a hearing, if the act or acts
3703+9 charged constitute sufficient grounds for that action under
3704+10 this Act. The notice may be served by personal delivery, by
3705+11 mail, or, at the discretion of the Department, by electronic
3706+12 means as adopted by rule to the address or email address of
3707+13 record specified by the accused in his or her last
3708+14 notification with the Department and shall include notice to
3709+15 the designated managing broker and sponsoring broker. A copy
3710+16 of the Department's final disciplinary order shall be
3711+17 delivered to the designated managing broker and sponsoring
3712+18 broker.
3713+19 (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
3714+20 (225 ILCS 454/20-69)
3715+21 (Section scheduled to be repealed on January 1, 2030)
3716+22 Sec. 20-69. Restoration of a suspended or revoked license.
3717+23 At any time after the successful completion of a term of
3718+24 suspension, or revocation, or probation of a an individual's
3719+25 license, the Department may restore it to the licensee, upon
3720+
3721+
3722+
3723+
3724+
3725+ HB2207 - 104 - LRB103 27667 AMQ 54044 b
3726+
3727+
3728+HB2207- 105 -LRB103 27667 AMQ 54044 b HB2207 - 105 - LRB103 27667 AMQ 54044 b
3729+ HB2207 - 105 - LRB103 27667 AMQ 54044 b
3730+1 the written recommendation of the Board, unless after an
3731+2 investigation and a hearing the Board determines that
3732+3 restoration is not in the public interest.
3733+4 (Source: P.A. 102-970, eff. 5-27-22.)
3734+5 (225 ILCS 454/20-72)
3735+6 (Section scheduled to be repealed on January 1, 2030)
3736+7 Sec. 20-72. Secretary; rehearing. If the Secretary
3737+8 believes that substantial justice has not been done in the
3738+9 revocation or suspension of a license, with respect to refusal
3739+10 to issue, restore, or renew a license, or any other discipline
3740+11 of an applicant, licensee, or unlicensed person, then the
3741+12 Secretary he or she may order a rehearing by the same or other
3742+13 examiners.
3743+14 (Source: P.A. 101-357, eff. 8-9-19.)
3744+15 (225 ILCS 454/25-10)
3745+16 (Section scheduled to be repealed on January 1, 2030)
3746+17 Sec. 25-10. Real Estate Administration and Disciplinary
3747+18 Board; duties. There is created the Real Estate Administration
3748+19 and Disciplinary Board. The Board shall be composed of 15
3749+20 persons appointed by the Governor. Members shall be appointed
3750+21 to the Board subject to the following conditions:
3751+22 (1) All members shall have been residents and citizens
3752+23 of this State for at least 6 years prior to the date of
3753+24 appointment.
3754+
3755+
3756+
3757+
3758+
3759+ HB2207 - 105 - LRB103 27667 AMQ 54044 b
3760+
3761+
3762+HB2207- 106 -LRB103 27667 AMQ 54044 b HB2207 - 106 - LRB103 27667 AMQ 54044 b
3763+ HB2207 - 106 - LRB103 27667 AMQ 54044 b
3764+1 (2) Twelve members shall have been actively engaged as
3765+2 managing brokers or brokers or both for at least the 10
3766+3 years prior to the appointment, 2 of whom must possess an
3767+4 active pre-license instructor license.
3768+5 (3) Three members of the Board shall be public members
3769+6 who represent consumer interests.
3770+7 None of these members shall be (i) a person who is licensed
3771+8 under this Act or a similar Act of another jurisdiction, (ii)
3772+9 the spouse or immediate family member of a licensee, or (iii) a
3773+10 person who has an ownership interest in a real estate
3774+11 brokerage business.
3775+12 The members' terms shall be for 4 years and until a
3776+13 successor is appointed. No member shall be reappointed to the
3777+14 Board for a term that would cause the member's cumulative
3778+15 service to the Board to exceed 12 10 years. Appointments to
3779+16 fill vacancies shall be for the unexpired portion of the term.
3780+17 Those members of the Board that satisfy the requirements of
3781+18 paragraph (2) shall be chosen in a manner such that no area of
3782+19 the State shall be unreasonably represented. In making the
3783+20 appointments, the Governor shall give due consideration to the
3784+21 recommendations by members and organizations of the
3785+22 profession. The Governor may terminate the appointment of any
3786+23 member for cause that in the opinion of the Governor
3787+24 reasonably justifies the termination. Cause for termination
3788+25 shall include without limitation misconduct, incapacity,
3789+26 neglect of duty, or missing 4 board meetings during any one
3790+
3791+
3792+
3793+
3794+
3795+ HB2207 - 106 - LRB103 27667 AMQ 54044 b
3796+
3797+
3798+HB2207- 107 -LRB103 27667 AMQ 54044 b HB2207 - 107 - LRB103 27667 AMQ 54044 b
3799+ HB2207 - 107 - LRB103 27667 AMQ 54044 b
3800+1 fiscal year. Each member of the Board may receive a per diem
3801+2 stipend in an amount to be determined by the Secretary. While
3802+3 engaged in the performance of duties, each member shall be
3803+4 reimbursed for necessary expenses. Such compensation and
3804+5 expenses shall be paid out of the Real Estate License
3805+6 Administration Fund. The Secretary shall consider the
3806+7 recommendations of the Board on questions involving standards
3807+8 of professional conduct, discipline, education, and policies
3808+9 and procedures under this Act. With regard to this subject
3809+10 matter, the Secretary may establish temporary or permanent
3810+11 committees of the Board and may consider the recommendations
3811+12 of the Board on matters that include, but are not limited to,
3812+13 criteria for the licensing and renewal of education providers,
3813+14 pre-license and continuing education instructors, pre-license
3814+15 and continuing education curricula, standards of educational
3815+16 criteria, and qualifications for licensure and renewal of
3816+17 professions, courses, and instructors. The Department, after
3817+18 notifying and considering the recommendations of the Board, if
3818+19 any, may issue rules, consistent with the provisions of this
3819+20 Act, for the administration and enforcement thereof and may
3820+21 prescribe forms that shall be used in connection therewith.
3821+22 Eight Board members shall constitute a quorum. A quorum is
3822+23 required for all Board decisions. A vacancy in the membership
3823+24 of the Board shall not impair the right of a quorum to exercise
3824+25 all of the rights and perform all of the duties of the Board.
3825+26 The Board shall elect annually, at its first meeting of
3826+
3827+
3828+
3829+
3830+
3831+ HB2207 - 107 - LRB103 27667 AMQ 54044 b
3832+
3833+
3834+HB2207- 108 -LRB103 27667 AMQ 54044 b HB2207 - 108 - LRB103 27667 AMQ 54044 b
3835+ HB2207 - 108 - LRB103 27667 AMQ 54044 b
3836+1 the fiscal year, a vice chairperson who shall preside, with
3837+2 voting privileges, at meetings when the chairperson is not
3838+3 present. Members of the Board shall be immune from suit in an
3839+4 action based upon any disciplinary proceedings or other acts
3840+5 performed in good faith as members of the Board.
3841+6 (Source: P.A. 102-970, eff. 5-27-22.)
3842+7 (225 ILCS 454/25-25)
3843+8 (Section scheduled to be repealed on January 1, 2030)
3844+9 Sec. 25-25. Real Estate Research and Education Fund. A
3845+10 special fund to be known as the Real Estate Research and
3846+11 Education Fund is created and shall be held in trust in the
3847+12 State Treasury. Annually, on September 15th, the State
3848+13 Treasurer shall cause a transfer of $125,000 to the Real
3849+14 Estate Research and Education Fund from the Real Estate
3850+15 License Administration Fund. The Real Estate Research and
3851+16 Education Fund shall be administered by the Department. Money
3852+17 deposited in the Real Estate Research and Education Fund may
3853+18 be used for research and for education at state institutions
3854+19 of higher education or other organizations for research and
3855+20 for education to further the advancement of education in the
3856+21 real estate industry or can be used by the Department for
3857+22 expenses related to the education of licensees. Of the
3858+23 $125,000 annually transferred into the Real Estate Research
3859+24 and Education Fund, $15,000 shall be used to fund a
3860+25 scholarship program for persons of minority racial origin who
3861+
3862+
3863+
3864+
3865+
3866+ HB2207 - 108 - LRB103 27667 AMQ 54044 b
3867+
3868+
3869+HB2207- 109 -LRB103 27667 AMQ 54044 b HB2207 - 109 - LRB103 27667 AMQ 54044 b
3870+ HB2207 - 109 - LRB103 27667 AMQ 54044 b
3871+1 wish to pursue a course of study in the field of real estate.
3872+2 For the purposes of this Section, "course of study" means a
3873+3 course or courses that are part of a program of courses in the
3874+4 field of real estate designed to further an individual's
3875+5 knowledge or expertise in the field of real estate. These
3876+6 courses shall include, without limitation, courses that a
3877+7 broker licensed under this Act must complete to qualify for a
3878+8 managing broker's license, courses required to obtain the
3879+9 Graduate Realtors Institute designation, and any other courses
3880+10 or programs offered by accredited colleges, universities, or
3881+11 other institutions of higher education in Illinois. The
3882+12 scholarship program shall be administered by the Department or
3883+13 its designee. Moneys in the Real Estate Research and Education
3884+14 Fund may be invested and reinvested in the same manner as funds
3885+15 in the Real Estate Recovery Fund and all earnings, interest,
3886+16 and dividends received from such investments shall be
3887+17 deposited in the Real Estate Research and Education Fund and
3888+18 may be used for the same purposes as moneys transferred to the
3889+19 Real Estate Research and Education Fund. Moneys in the Real
3890+20 Estate Research and Education Fund may be transferred to the
3891+21 Professions Indirect Cost Fund as authorized under Section
3892+22 2105-300 of the Department of Professional Regulation Law of
3893+23 the Civil Administrative Code of Illinois.
3894+24 (Source: P.A. 101-357, eff. 8-9-19.)
3895+25 (225 ILCS 454/25-21 rep.)
3896+
3897+
3898+
3899+
3900+
3901+ HB2207 - 109 - LRB103 27667 AMQ 54044 b
3902+
3903+
3904+HB2207- 110 -LRB103 27667 AMQ 54044 b HB2207 - 110 - LRB103 27667 AMQ 54044 b
3905+ HB2207 - 110 - LRB103 27667 AMQ 54044 b
3906+1 Section 25. The Real Estate License Act of 2000 is amended
3907+2 by repealing Section 25-21.
3908+3 Section 30. The Real Estate Appraiser Licensing Act of
3909+4 2002 is amended by changing Sections 1-10, 5-25, 10-5, 10-10,
3910+5 15-10, 15-15, and 25-10 as follows:
3911+6 (225 ILCS 458/1-10)
3912+7 (Section scheduled to be repealed on January 1, 2027)
3913+8 Sec. 1-10. Definitions. As used in this Act, unless the
3914+9 context otherwise requires:
3915+10 "Accredited college or university, junior college, or
3916+11 community college" means a college or university, junior
3917+12 college, or community college that is approved or accredited
3918+13 by the Board of Higher Education, a regional or national
3919+14 accreditation association, or by an accrediting agency that is
3920+15 recognized by the U.S. Secretary of Education.
3921+16 "Address of record" means the designated street address,
3922+17 which may not be a post office box, recorded by the Department
3923+18 in the applicant's or licensee's application file or license
3924+19 file as maintained by the Department.
3925+20 "Applicant" means a person who applies to the Department
3926+21 for a license under this Act.
3927+22 "Appraisal" means (noun) the act or process of developing
3928+23 an opinion of value; an opinion of value (adjective) of or
3929+24 pertaining to appraising and related functions, such as
3930+
3931+
3932+
3933+
3934+
3935+ HB2207 - 110 - LRB103 27667 AMQ 54044 b
3936+
3937+
3938+HB2207- 111 -LRB103 27667 AMQ 54044 b HB2207 - 111 - LRB103 27667 AMQ 54044 b
3939+ HB2207 - 111 - LRB103 27667 AMQ 54044 b
3940+1 appraisal practice or appraisal services.
3941+2 "Appraisal assignment" means a valuation service provided
3942+3 pursuant to an agreement between an appraiser and a client.
3943+4 "Appraisal firm" means an appraisal entity that is 100%
3944+5 owned and controlled by a person or persons licensed in
3945+6 Illinois as a certified general real estate appraiser or a
3946+7 certified residential real estate appraiser. "Appraisal firm"
3947+8 does not include an appraisal management company.
3948+9 "Appraisal management company" means any corporation,
3949+10 limited liability company, partnership, sole proprietorship,
3950+11 subsidiary, unit, or other business entity that directly or
3951+12 indirectly: (1) provides appraisal management services to
3952+13 creditors or secondary mortgage market participants, including
3953+14 affiliates; (2) provides appraisal management services in
3954+15 connection with valuing the consumer's principal dwelling as
3955+16 security for a consumer credit transaction (including consumer
3956+17 credit transactions incorporated into securitizations); and
3957+18 (3) any appraisal management company that, within a given
3958+19 12-month period, oversees an appraiser panel of 16 or more
3959+20 State-certified appraisers in Illinois or 25 or more
3960+21 State-certified or State-licensed appraisers in 2 or more
3961+22 jurisdictions. "Appraisal management company" includes a
3962+23 hybrid entity.
3963+24 "Appraisal practice" means valuation services performed by
3964+25 an individual acting as an appraiser, including, but not
3965+26 limited to, appraisal or appraisal review.
3966+
3967+
3968+
3969+
3970+
3971+ HB2207 - 111 - LRB103 27667 AMQ 54044 b
3972+
3973+
3974+HB2207- 112 -LRB103 27667 AMQ 54044 b HB2207 - 112 - LRB103 27667 AMQ 54044 b
3975+ HB2207 - 112 - LRB103 27667 AMQ 54044 b
3976+1 "Appraisal report" means any communication, written or
3977+2 oral, of an appraisal or appraisal review that is transmitted
3978+3 to a client upon completion of an assignment.
3979+4 "Appraisal review" means the act or process of developing
3980+5 and communicating an opinion about the quality of another
3981+6 appraiser's work that was performed as part of an appraisal,
3982+7 appraisal review, or appraisal assignment.
3983+8 "Appraisal Subcommittee" means the Appraisal Subcommittee
3984+9 of the Federal Financial Institutions Examination Council as
3985+10 established by Title XI.
3986+11 "Appraiser" means a person who performs real estate or
3987+12 real property appraisals competently and in a manner that is
3988+13 independent, impartial, and objective.
3989+14 "Appraiser panel" means a network, list, or roster of
3990+15 licensed or certified appraisers approved by the appraisal
3991+16 management company or by the end-user client to perform
3992+17 appraisals as independent contractors for the appraisal
3993+18 management company. "Appraiser panel" includes both appraisers
3994+19 accepted by an appraisal management company for consideration
3995+20 for future appraisal assignments and appraisers engaged by an
3996+21 appraisal management company to perform one or more
3997+22 appraisals. For the purposes of determining the size of an
3998+23 appraiser panel, only independent contractors of hybrid
3999+24 entities shall be counted towards the appraiser panel.
4000+25 "Appraisal Qualification Board (AQB)" means the
4001+26 independent board of the Appraisal Foundation, which, under
4002+
4003+
4004+
4005+
4006+
4007+ HB2207 - 112 - LRB103 27667 AMQ 54044 b
4008+
4009+
4010+HB2207- 113 -LRB103 27667 AMQ 54044 b HB2207 - 113 - LRB103 27667 AMQ 54044 b
4011+ HB2207 - 113 - LRB103 27667 AMQ 54044 b
4012+1 the provisions of Title XI of the federal Financial
4013+2 Institutions Reform, Recovery and Enforcement Act of 1989,
4014+3 establishes the minimum education, experience, and examination
4015+4 requirements for real property appraisers to obtain a state
4016+5 certification or license.
4017+6 "AQB" means the Appraisal Qualifications Board of the
4018+7 Appraisal Foundation.
4019+8 "Associate real estate trainee appraiser" means an
4020+9 entry-level appraiser who holds a license of this
4021+10 classification under this Act with restrictions as to the
4022+11 scope of practice in accordance with this Act.
4023+12 "Automated valuation model" means an automated system that
4024+13 is used to derive a property value through the use of available
4025+14 property records and various analytic methodologies such as
4026+15 comparable sales prices, home characteristics, and price
4027+16 changes.
4028+17 "Board" means the Real Estate Appraisal Administration and
4029+18 Disciplinary Board.
4030+19 "Broker price opinion" means an estimate or analysis of
4031+20 the probable selling price of a particular interest in real
4032+21 estate, which may provide a varying level of detail about the
4033+22 property's condition, market, and neighborhood and information
4034+23 on comparable sales. The activities of a real estate broker or
4035+24 managing broker engaging in the ordinary course of business as
4036+25 a broker, as defined in this Section, shall not be considered a
4037+26 broker price opinion if no compensation is paid to the broker
4038+
4039+
4040+
4041+
4042+
4043+ HB2207 - 113 - LRB103 27667 AMQ 54044 b
4044+
4045+
4046+HB2207- 114 -LRB103 27667 AMQ 54044 b HB2207 - 114 - LRB103 27667 AMQ 54044 b
4047+ HB2207 - 114 - LRB103 27667 AMQ 54044 b
4048+1 or managing broker, other than compensation based upon the
4049+2 sale or rental of real estate.
4050+3 "Classroom hour" means 50 minutes of instruction out of
4051+4 each 60-minute segment of coursework.
4052+5 "Client" means the party or parties who engage an
4053+6 appraiser by employment or contract in a specific appraisal
4054+7 assignment.
4055+8 "Comparative market analysis" is an analysis or opinion
4056+9 regarding pricing, marketing, or financial aspects relating to
4057+10 a specified interest or interests in real estate that may be
4058+11 based upon an analysis of comparative market data, the
4059+12 expertise of the real estate broker or managing broker, and
4060+13 such other factors as the broker or managing broker may deem
4061+14 appropriate in developing or preparing such analysis or
4062+15 opinion. The activities of a real estate broker or managing
4063+16 broker engaging in the ordinary course of business as a
4064+17 broker, as defined in this Section, shall not be considered a
4065+18 comparative market analysis if no compensation is paid to the
4066+19 broker or managing broker, other than compensation based upon
4067+20 the sale or rental of real estate.
4068+21 "Coordinator" means the Real Estate Appraisal Coordinator
4069+22 created in Section 25-15.
4070+23 "Department" means the Department of Financial and
4071+24 Professional Regulation.
4072+25 "Email address of record" means the designated email
4073+26 address recorded by the Department in the applicant's
4074+
4075+
4076+
4077+
4078+
4079+ HB2207 - 114 - LRB103 27667 AMQ 54044 b
4080+
4081+
4082+HB2207- 115 -LRB103 27667 AMQ 54044 b HB2207 - 115 - LRB103 27667 AMQ 54044 b
4083+ HB2207 - 115 - LRB103 27667 AMQ 54044 b
4084+1 application file or the licensee's license file maintained by
4085+2 the Department.
4086+3 "Evaluation" means a valuation permitted by the appraisal
4087+4 regulations of the Federal Financial Institutions Examination
4088+5 Council and its federal agencies for transactions that qualify
4089+6 for the appraisal threshold exemption, business loan
4090+7 exemption, or subsequent transaction exemption.
4091+8 "Federal financial institutions regulatory agencies" means
4092+9 the Board of Governors of the Federal Reserve System, the
4093+10 Federal Deposit Insurance Corporation, the Office of the
4094+11 Comptroller of the Currency, the Consumer Financial Protection
4095+12 Bureau, and the National Credit Union Administration.
4096+13 "Federally related transaction" means any real
4097+14 estate-related financial transaction in which a federal
4098+15 financial institutions regulatory agency engages in, contracts
4099+16 for, or regulates and requires the services of an appraiser.
4100+17 "Financial institution" means any bank, savings bank,
4101+18 savings and loan association, credit union, mortgage broker,
4102+19 mortgage banker, licensee under the Consumer Installment Loan
4103+20 Act or the Sales Finance Agency Act, or a corporate fiduciary,
4104+21 subsidiary, affiliate, parent company, or holding company of
4105+22 any such licensee, or any institution involved in real estate
4106+23 financing that is regulated by state or federal law.
4107+24 "Hybrid entity" means an appraisal management company that
4108+25 hires an appraiser as an employee to perform an appraisal and
4109+26 engages an independent contractor to perform an appraisal.
4110+
4111+
4112+
4113+
4114+
4115+ HB2207 - 115 - LRB103 27667 AMQ 54044 b
4116+
4117+
4118+HB2207- 116 -LRB103 27667 AMQ 54044 b HB2207 - 116 - LRB103 27667 AMQ 54044 b
4119+ HB2207 - 116 - LRB103 27667 AMQ 54044 b
4120+1 "License" means the privilege conferred by the Department
4121+2 to a person that has fulfilled all requirements prerequisite
4122+3 to any type of licensure under this Act.
4123+4 "Licensee" means any person licensed under this Act.
4124+5 "Multi-state licensing system" means a web-based platform
4125+6 that allows an applicant to submit the application or license
4126+7 renewal application to the Department online.
4127+8 "Person" means an individual, entity, sole proprietorship,
4128+9 corporation, limited liability company, partnership, and joint
4129+10 venture, foreign or domestic, except that when the context
4130+11 otherwise requires, the term may refer to more than one
4131+12 individual or other described entity.
4132+13 "Real estate" means an identified parcel or tract of land,
4133+14 including any improvements.
4134+15 "Real estate related financial transaction" means any
4135+16 transaction involving:
4136+17 (1) the sale, lease, purchase, investment in, or
4137+18 exchange of real property, including interests in property
4138+19 or the financing thereof;
4139+20 (2) the refinancing of real property or interests in
4140+21 real property; and
4141+22 (3) the use of real property or interest in property
4142+23 as security for a loan or investment, including mortgage
4143+24 backed securities.
4144+25 "Real property" means the interests, benefits, and rights
4145+26 inherent in the ownership of real estate.
4146+
4147+
4148+
4149+
4150+
4151+ HB2207 - 116 - LRB103 27667 AMQ 54044 b
4152+
4153+
4154+HB2207- 117 -LRB103 27667 AMQ 54044 b HB2207 - 117 - LRB103 27667 AMQ 54044 b
4155+ HB2207 - 117 - LRB103 27667 AMQ 54044 b
4156+1 "Secretary" means the Secretary of Financial and
4157+2 Professional Regulation or the Secretary's designee.
4158+3 "State certified general real estate appraiser" means an
4159+4 appraiser who holds a license of this classification under
4160+5 this Act and such classification applies to the appraisal of
4161+6 all types of real property without restrictions as to the
4162+7 scope of practice.
4163+8 "State certified residential real estate appraiser" means
4164+9 an appraiser who holds a license of this classification under
4165+10 this Act and such classification applies to the appraisal of
4166+11 one to 4 units of residential real property without regard to
4167+12 transaction value or complexity, but with restrictions as to
4168+13 the scope of practice in a federally related transaction in
4169+14 accordance with Title XI, the provisions of USPAP, criteria
4170+15 established by the AQB, and further defined by rule.
4171+16 "Supervising appraiser" means either (i) an appraiser who
4172+17 holds a valid license under this Act as either a State
4173+18 certified general real estate appraiser or a State certified
4174+19 residential real estate appraiser, who co-signs an appraisal
4175+20 report for an associate real estate trainee appraiser or (ii)
4176+21 a State certified general real estate appraiser who holds a
4177+22 valid license under this Act who co-signs an appraisal report
4178+23 for a State certified residential real estate appraiser on
4179+24 properties other than one to 4 units of residential real
4180+25 property without regard to transaction value or complexity.
4181+26 "Title XI" means Title XI of the federal Financial
4182+
4183+
4184+
4185+
4186+
4187+ HB2207 - 117 - LRB103 27667 AMQ 54044 b
4188+
4189+
4190+HB2207- 118 -LRB103 27667 AMQ 54044 b HB2207 - 118 - LRB103 27667 AMQ 54044 b
4191+ HB2207 - 118 - LRB103 27667 AMQ 54044 b
4192+1 Institutions Reform, Recovery, and Enforcement Act of 1989.
4193+2 "USPAP" means the Uniform Standards of Professional
4194+3 Appraisal Practice as promulgated by the Appraisal Standards
4195+4 Board pursuant to Title XI and by rule.
4196+5 "Valuation services" means services pertaining to aspects
4197+6 of property value.
4198+7 (Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;
4199+8 102-970, eff. 5-27-22.)
4200+9 (225 ILCS 458/5-25)
4201+10 (Section scheduled to be repealed on January 1, 2027)
4202+11 Sec. 5-25. Renewal of license.
4203+12 (a) The expiration date and renewal period for a State
4204+13 certified general real estate appraiser license or a State
4205+14 certified residential real estate appraiser license issued
4206+15 under this Act shall be set by rule. Except as otherwise
4207+16 provided in subsections (b) and (f) of this Section, the
4208+17 holder of a license may renew the license within 90 days
4209+18 preceding the expiration date by:
4210+19 (1) completing and submitting to the Department, or
4211+20 through a multi-state licensing system as designated by
4212+21 the Secretary, a renewal application form as provided by
4213+22 the Department;
4214+23 (2) paying the required fees; and
4215+24 (3) providing evidence to the Department, or through a
4216+25 multi-state licensing system as designated by the
4217+
4218+
4219+
4220+
4221+
4222+ HB2207 - 118 - LRB103 27667 AMQ 54044 b
4223+
4224+
4225+HB2207- 119 -LRB103 27667 AMQ 54044 b HB2207 - 119 - LRB103 27667 AMQ 54044 b
4226+ HB2207 - 119 - LRB103 27667 AMQ 54044 b
4227+1 Secretary, of successful completion of the continuing
4228+2 education requirements through courses approved by the
4229+3 Department from education providers licensed by the
4230+4 Department, as established by the AQB and by rule.
4231+5 (b) A State certified general real estate appraiser or
4232+6 State certified residential real estate appraiser whose
4233+7 license under this Act has expired may renew the license for a
4234+8 period of 2 years following the expiration date by complying
4235+9 with the requirements of paragraphs (1), (2), and (3) of
4236+10 subsection (a) of this Section and paying any late penalties
4237+11 established by rule.
4238+12 (c) (Blank).
4239+13 (d) The expiration date and renewal period for an
4240+14 associate real estate trainee appraiser license issued under
4241+15 this Act shall be set by rule. Except as otherwise provided in
4242+16 subsections (e) and (f) of this Section, the holder of an
4243+17 associate real estate trainee appraiser license may renew the
4244+18 license within 90 days preceding the expiration date by:
4245+19 (1) completing and submitting to the Department, or
4246+20 through a multi-state licensing system as designated by
4247+21 the Secretary, a renewal application form as provided by
4248+22 the Department;
4249+23 (2) paying the required fees; and
4250+24 (3) providing evidence to the Department, or through a
4251+25 multi-state licensing system as designated by the
4252+26 Secretary, of successful completion of the continuing
4253+
4254+
4255+
4256+
4257+
4258+ HB2207 - 119 - LRB103 27667 AMQ 54044 b
4259+
4260+
4261+HB2207- 120 -LRB103 27667 AMQ 54044 b HB2207 - 120 - LRB103 27667 AMQ 54044 b
4262+ HB2207 - 120 - LRB103 27667 AMQ 54044 b
4263+1 education requirements through courses approved by the
4264+2 Department from education providers approved by the
4265+3 Department, as established by rule.
4266+4 (e) Any associate real estate trainee appraiser whose
4267+5 license under this Act has expired may renew the license for a
4268+6 period of 2 years following the expiration date by complying
4269+7 with the requirements of paragraphs (1), (2), and (3) of
4270+8 subsection (d) of this Section and paying any late penalties
4271+9 as established by rule.
4272+10 (f) Notwithstanding subsections (c) and (e), an appraiser
4273+11 whose license under this Act has expired may renew or convert
4274+12 the license without paying any lapsed renewal fees or late
4275+13 penalties if the license expired while the appraiser was:
4276+14 (1) on active duty with the United States Armed
4277+15 Services;
4278+16 (2) serving as the Coordinator or an employee of the
4279+17 Department who was required to surrender the license
4280+18 during the term of employment.
4281+19 Application for renewal must be made within 2 years
4282+20 following the termination of the military service or related
4283+21 education, training, or employment and shall include an
4284+22 affidavit from the licensee of engagement.
4285+23 (g) The Department shall provide reasonable care and due
4286+24 diligence to ensure that each licensee under this Act is
4287+25 provided with a renewal application at least 90 days prior to
4288+26 the expiration date, but timely renewal or conversion of the
4289+
4290+
4291+
4292+
4293+
4294+ HB2207 - 120 - LRB103 27667 AMQ 54044 b
4295+
4296+
4297+HB2207- 121 -LRB103 27667 AMQ 54044 b HB2207 - 121 - LRB103 27667 AMQ 54044 b
4298+ HB2207 - 121 - LRB103 27667 AMQ 54044 b
4299+1 license prior to its expiration date is the responsibility of
4300+2 the licensee.
4301+3 (h) The Department shall not issue or renew a license if
4302+4 the applicant or licensee has an unpaid fine or fee from a
4303+5 disciplinary matter or from a non-disciplinary action imposed
4304+6 by the Department until the fine or fee is paid to the
4305+7 Department or the applicant or licensee has entered into a
4306+8 payment plan and is current on the required payments.
4307+9 (i) The Department shall not issue or renew a license if
4308+10 the applicant or licensee has an unpaid fine or civil penalty
4309+11 imposed by the Department for unlicensed practice until the
4310+12 fine or civil penalty is paid to the Department or the
4311+13 applicant or licensee has entered into a payment plan and is
4312+14 current on the required payments.
4313+15 (Source: P.A. 101-81, eff. 7-12-19; 102-20, eff. 1-1-22;
4314+16 102-970, eff. 5-27-22.)
4315+17 (225 ILCS 458/10-5)
4316+18 (Section scheduled to be repealed on January 1, 2027)
4317+19 Sec. 10-5. Scope of practice.
4318+20 (a) This Act does not limit a State certified general real
4319+21 estate appraiser's scope of practice in a federally related
4320+22 transaction. A State certified general real estate appraiser
4321+23 may independently provide appraisal services, review, or
4322+24 consult related to any type of property for which there is
4323+25 related experience or competency by the appraiser. All such
4324+
4325+
4326+
4327+
4328+
4329+ HB2207 - 121 - LRB103 27667 AMQ 54044 b
4330+
4331+
4332+HB2207- 122 -LRB103 27667 AMQ 54044 b HB2207 - 122 - LRB103 27667 AMQ 54044 b
4333+ HB2207 - 122 - LRB103 27667 AMQ 54044 b
4334+1 appraisal practice must be made in accordance with the
4335+2 provisions of USPAP, criteria established by the AQB, and
4336+3 rules adopted pursuant to this Act.
4337+4 (b) A State certified residential real estate appraiser is
4338+5 limited in scope of practice to the provisions of USPAP,
4339+6 criteria established by the AQB, and the rules adopted
4340+7 pursuant to this Act.
4341+8 (c) A State certified residential real estate appraiser
4342+9 must have a State certified general real estate appraiser who
4343+10 holds a valid license under this Act co-sign all appraisal
4344+11 reports on properties other than one to 4 units of residential
4345+12 real property without regard to transaction value or
4346+13 complexity.
4347+14 (d) An associate real estate trainee appraiser is limited
4348+15 in scope of practice in all transactions or appraisal reports
4349+16 in accordance with the provisions of USPAP, this Act, and the
4350+17 rules adopted pursuant to this Act. In addition, an associate
4351+18 real estate trainee appraiser shall be required to have a
4352+19 State certified general real estate appraiser or State
4353+20 certified residential real estate appraiser who holds a valid
4354+21 license under this Act to co-sign all appraisal reports. A
4355+22 supervising appraiser may not supervise more than 3 associate
4356+23 real estate trainee appraisers at one time. Associate real
4357+24 estate trainee appraisers shall not be limited in the number
4358+25 of concurrent supervising appraisers. A chronological
4359+26 appraisal log on an approved log form shall be maintained by
4360+
4361+
4362+
4363+
4364+
4365+ HB2207 - 122 - LRB103 27667 AMQ 54044 b
4366+
4367+
4368+HB2207- 123 -LRB103 27667 AMQ 54044 b HB2207 - 123 - LRB103 27667 AMQ 54044 b
4369+ HB2207 - 123 - LRB103 27667 AMQ 54044 b
4370+1 the associate real estate trainee appraiser and shall be made
4371+2 available to the Department upon request.
4372+3 (Source: P.A. 102-20, eff. 1-1-22.)
4373+4 (225 ILCS 458/10-10)
4374+5 (Section scheduled to be repealed on January 1, 2027)
4375+6 Sec. 10-10. Standards of practice. All persons licensed
4376+7 under this Act must comply with standards of professional
4377+8 appraisal practice adopted by the Department. The Department
4378+9 must adopt, as part of its rules, the Uniform Standards of
4379+10 Professional Appraisal Practice (USPAP) as published from time
4380+11 to time by the Appraisal Standards Board of the Appraisal
4381+12 Foundation. The Department shall consider federal laws and
4382+13 regulations, including, but not limited to, AQB policies and
4383+14 guidelines, regarding the licensure of real estate appraisers
4384+15 prior to adopting its rules for the administration of this
4385+16 Act. When an appraisal obtained through an appraisal
4386+17 management company is used for loan purposes, the borrower or
4387+18 loan applicant shall be provided with a written disclosure of
4388+19 the total compensation to the appraiser or appraisal firm
4389+20 within the body of the appraisal report and it shall not be
4390+21 redacted or otherwise obscured.
4391+22 (Source: P.A. 102-20, eff. 1-1-22.)
4392+23 (225 ILCS 458/15-10)
7984393 24 (Section scheduled to be repealed on January 1, 2027)
799-25 Sec. 85. Grounds for discipline; refusal, revocation, or
800-
801-
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810-1 suspension.
811-2 (a) The Department may refuse to issue or renew a license,
812-3 or may place on probation, reprimand, suspend, or revoke any
813-4 license, or take any other disciplinary or non-disciplinary
814-5 action as the Department may deem proper and impose a fine not
815-6 to exceed $10,000 for each violation upon any licensee or
816-7 applicant under this Act or any person or entity who holds
817-8 oneself out as an applicant or licensee for any one or
818-9 combination of the following causes:
819-10 (1) Material misstatement in furnishing information to
820-11 the Department.
821-12 (2) Violations of this Act or its rules.
822-13 (3) Conviction of or entry of a plea of guilty or plea
823-14 of nolo contendere, as set forth in subsection (f) of
824-15 Section 40, to (i) a felony or a misdemeanor under the laws
825-16 of the United States, any state, or any other jurisdiction
826-17 or entry of an administrative sanction by a government
827-18 agency in this State or any other jurisdiction or (ii) a
828-19 crime that subjects the licensee to compliance with the
829-20 requirements of the Sex Offender Registration Act; or the
830-21 entry of an administrative sanction by a government agency
831-22 in this State or any other jurisdiction.
832-23 (4) Making any misrepresentation for the purpose of
833-24 obtaining a license or violating any provision of this Act
834-25 or its rules.
835-26 (5) Professional incompetence.
836-
837-
838-
839-
840-
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842-
843-
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845- HB2207 Engrossed - 25 - LRB103 27667 AMQ 54044 b
846-1 (6) Gross negligence.
847-2 (7) Aiding or assisting another person in violating
848-3 any provision of this Act or its rules.
849-4 (8) Failing, within 30 days, to provide information in
850-5 response to a request made by the Department.
851-6 (9) Engaging in dishonorable, unethical, or
852-7 unprofessional conduct of a character likely to deceive,
853-8 defraud, or harm the public as defined by the rules of the
854-9 Department, or violating the rules of professional conduct
855-10 adopted by the Department.
856-11 (10) Habitual or excessive use or addiction to
857-12 alcohol, narcotics, stimulants, or any other chemical
858-13 agent or drug that results in the inability to practice
859-14 with reasonable judgment, skill, or safety.
860-15 (11) Having been disciplined by another state, the
861-16 District of Columbia, a territory, a foreign nation, or a
862-17 governmental agency authorized to impose discipline if at
863-18 least one of the grounds for the discipline is the same or
864-19 substantially equivalent of one of the grounds for which a
865-20 licensee may be disciplined under this Act. A certified
866-21 copy of the record of the action by the other state or
867-22 jurisdiction shall be prima facie evidence thereof.
868-23 (12) Directly or indirectly giving to or receiving
869-24 from any person, firm, corporation, partnership, or
870-25 association any fee, commission, rebate, or other form of
871-26 compensation for any services not actually or personally
872-
873-
874-
875-
876-
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882-1 rendered.
883-2 (13) A finding by the Department that the licensee,
884-3 after having the license placed on probationary status,
885-4 has violated the terms of probation.
886-5 (14) Willfully making or filing false records or
887-6 reports relating to a licensee's practice, including, but
888-7 not limited to, false records filed with any State or
889-8 federal agencies or departments.
890-9 (15) Being named as a perpetrator in an indicated
891-10 report by the Department of Children and Family Services
892-11 under the Abused and Neglected Child Reporting Act and
893-12 upon proof by clear and convincing evidence that the
894-13 licensee has caused a child to be an abused child or
895-14 neglected child as defined in the Abused and Neglected
896-15 Child Reporting Act.
897-16 (16) Physical illness or mental illness or impairment
898-17 that results in the inability to practice the profession
899-18 with reasonable judgment, skill, or safety.
900-19 (17) Solicitation of professional services by using
901-20 false or misleading advertising.
902-21 (18) A finding that licensure has been applied for or
903-22 obtained by fraudulent means.
904-23 (19) Practicing or attempting to practice under a name
905-24 other than the full name as shown on the license or any
906-25 other legally authorized name unless approved by the
907-26 Department.
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918-1 (20) Gross overcharging for professional services
919-2 including, but not limited to, (i) collection of fees or
920-3 moneys for services that are not rendered; and (ii)
921-4 charging for services that are not in accordance with the
922-5 contract between the licensee and the community
923-6 association.
924-7 (21) Improper commingling of personal and client funds
925-8 in violation of this Act or any rules promulgated thereto.
926-9 (22) Failing to account for or remit any moneys or
927-10 documents coming into the licensee's possession that
928-11 belong to another person or entity.
929-12 (23) Giving differential treatment to a person that is
930-13 to that person's detriment on the basis of race, color,
931-14 sex, ancestry, age, order of protection status, marital
932-15 status, physical or mental disability, military status,
933-16 unfavorable discharge from military status, sexual
934-17 orientation, pregnancy, religion, or national origin.
935-18 (24) Performing and charging for services without
936-19 reasonable authorization to do so from the person or
937-20 entity for whom service is being provided.
938-21 (25) Failing to make available to the Department, upon
939-22 request, any books, records, or forms required by this
940-23 Act.
941-24 (26) Purporting to be a designated community
942-25 association manager of a firm without active participation
943-26 in the firm and having been designated as such.
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954-1 (27) Failing to make available to the Department at
955-2 the time of the request any indicia of licensure issued
956-3 under this Act.
957-4 (28) Failing to maintain and deposit funds belonging
958-5 to a community association in accordance with subsection
959-6 (b) of Section 55 of this Act.
960-7 (29) Violating the terms of any a disciplinary order
961-8 issued by the Department.
962-9 (30) Operating a community association management firm
963-10 without a designated community association manager who
964-11 holds an active community association manager license.
965-12 (31) For a designated community association manager,
966-13 failing to meet the requirements for acting as a
967-14 designated community association manager.
968-15 (32) Failing to disclose to a community association
969-16 any compensation received by a licensee from a third party
970-17 in connection with or related to a transaction entered
971-18 into by the licensee on behalf of the community
972-19 association.
973-20 (33) Failing to disclose to a community association,
974-21 at the time of making the referral, that a licensee (A) has
975-22 greater than a 1% ownership interest in a third party to
976-23 which it refers the community association; or (B) receives
977-24 or may receive dividends or other profit sharing
978-25 distributions from a third party, other than a publicly
979-26 held or traded company, to which it refers the community
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990-1 association.
991-2 (b) (Blank).
992-3 (c) The determination by a circuit court that a licensee
993-4 is subject to involuntary admission or judicial admission, as
994-5 provided in the Mental Health and Developmental Disabilities
995-6 Code, operates as an automatic suspension. The suspension will
996-7 terminate only upon a finding by a court that the patient is no
997-8 longer subject to involuntary admission or judicial admission
998-9 and the issuance of an order so finding and discharging the
999-10 patient, and upon the recommendation of the Board to the
1000-11 Secretary that the licensee be allowed to resume practice as a
1001-12 licensed community association manager.
1002-13 (d) In accordance with subsection (g) of Section 2105-15
1003-14 of the Department of Professional Regulation Law of the Civil
1004-15 Administrative Code of Illinois (20 ILCS 2105/2105-15), the
1005-16 Department may refuse to issue or renew or may suspend the
1006-17 license of any person who fails to file a return, to pay the
1007-18 tax, penalty, or interest shown in a filed return, or to pay
1008-19 any final assessment of tax, penalty, or interest, as required
1009-20 by any tax Act administered by the Department of Revenue,
1010-21 until such time as the requirements of that tax Act are
1011-22 satisfied.
1012-23 (e) In accordance with subdivision (a)(5) of Section
1013-24 2105-15 of the Department of Professional Regulation Law of
1014-25 the Civil Administrative Code of Illinois (20 ILCS
1015-26 2105/2105-15) and in cases where the Department of Healthcare
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1026-1 and Family Services (formerly Department of Public Aid) has
1027-2 previously determined that a licensee or a potential licensee
1028-3 is more than 30 days delinquent in the payment of child support
1029-4 and has subsequently certified the delinquency to the
1030-5 Department, the Department may refuse to issue or renew or may
1031-6 revoke or suspend that person's license or may take other
1032-7 disciplinary action against that person based solely upon the
1033-8 certification of delinquency made by the Department of
1034-9 Healthcare and Family Services.
1035-10 (f) (Blank).
1036-11 (Source: P.A. 102-20, eff. 1-1-22.)
1037-12 (225 ILCS 427/95)
1038-13 (Section scheduled to be repealed on January 1, 2027)
1039-14 Sec. 95. Investigation; notice and hearing. The
1040-15 Department may investigate the actions or qualifications of a
1041-16 person, which includes an entity, or other business applying
1042-17 for, holding or claiming to hold, or holding oneself out as
1043-18 having a license or rendering or offering to render services
1044-19 for which a license is required by this Act and may notify
1045-20 their designated community association manager, if any, of the
1046-21 pending investigation. Before suspending, revoking, placing on
1047-22 probationary status, or taking any other disciplinary action
1048-23 as the Department may deem proper with regard to any license,
1049-24 at least 30 days before the date set for the hearing, the
1050-25 Department shall (i) notify the person charged accused and the
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1061-1 person's their designated community association manager, if
1062-2 any, in writing of any charges made and the time and place for
1063-3 a hearing on the charges before the Board, (ii) direct the
1064-4 person accused to file a written answer to the charges with the
1065-5 Board under oath within 20 days after the service on the person
1066-6 accused of such notice, and (iii) inform the person accused
1067-7 that if the person accused fails to file an answer, default
1068-8 will be taken against the person accused and the license of the
1069-9 person accused may be suspended, revoked, placed on
1070-10 probationary status, or other disciplinary action taken with
1071-11 regard to the license, including limiting the scope, nature,
1072-12 or extent of related practice, as the Department may deem
1073-13 proper. The Department shall serve notice under this Section
1074-14 by regular or electronic mail to the person's applicant's or
1075-15 licensee's last address of record or email address of record
1076-16 as provided to the Department. If the person accused fails to
1077-17 file an answer after receiving notice, the license may, in the
1078-18 discretion of the Department, be suspended, revoked, or placed
1079-19 on probationary status, or the Department may take whatever
1080-20 disciplinary action deemed proper, including limiting the
1081-21 scope, nature, or extent of the person's practice or the
1082-22 imposition of a fine, without a hearing, if the act or acts
1083-23 charged constitute sufficient grounds for such action under
1084-24 this Act. The answer shall be served by personal delivery or
1085-25 regular mail or electronic mail to the Department. At the time
1086-26 and place fixed in the notice, the Department shall proceed to
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1097-1 hear the charges and the parties or their counsel shall be
1098-2 accorded ample opportunity to present such statements,
1099-3 testimony, evidence, and argument as may be pertinent to the
1100-4 charges or to the defense thereto. The Department may continue
1101-5 such hearing from time to time. At the discretion of the
1102-6 Secretary after having first received the recommendation of
1103-7 the Board, the accused person's license may be suspended,
1104-8 revoked, or placed on probationary status or the Department
1105-9 may take whatever disciplinary action considered proper,
1106-10 including limiting the scope, nature, or extent of the
1107-11 person's practice or the imposition of a fine if the act or
1108-12 acts charged constitute sufficient grounds for that action
1109-13 under this Act. A copy of the Department's final disciplinary
1110-14 order shall be delivered to the person's accused's designated
1111-15 community association manager or may be sent to the community
1112-16 association that , if the accused is directly employs the
1113-17 person employed by a community association, to the board of
1114-18 managers of that association if known to the Department.
1115-19 (Source: P.A. 102-20, eff. 1-1-22.)
1116-20 (225 ILCS 427/130)
1117-21 (Section scheduled to be repealed on January 1, 2027)
1118-22 Sec. 130. Restoration of suspended or revoked license. At
1119-23 any time after the successful completion of a term of
1120-24 suspension, or revocation, or probation of a license, the
1121-25 Department may restore it to the licensee, upon the written
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1132-1 recommendation of the Board, unless after an investigation and
1133-2 a hearing the Board determines that restoration is not in the
1134-3 public interest.
1135-4 (Source: P.A. 96-726, eff. 7-1-10.)
1136-5 Section 15. The Home Inspector License Act is amended by
1137-6 changing Sections 5-10, 5-14, 5-16, 5-17, 15-10, 15-11, 15-15,
1138-7 and 25-27 as follows:
1139-8 (225 ILCS 441/5-10)
1140-9 (Section scheduled to be repealed on January 1, 2027)
1141-10 Sec. 5-10. Application for home inspector license.
1142-11 (a) Every natural person who desires to obtain a home
1143-12 inspector license shall:
1144-13 (1) apply to the Department in a manner prescribed by
1145-14 the Department and accompanied by the required fee; all
1146-15 applications shall contain the information that, in the
1147-16 judgment of the Department, enables the Department to pass
1148-17 on the qualifications of the applicant for a license to
1149-18 practice as a home inspector as set by rule;
1150-19 (2) be at least 18 years of age;
1151-20 (3) successfully complete a 4-year course of study in
1152-21 a high school or secondary school or an equivalent course
1153-22 of study approved by the state in which the school is
1154-23 located, or possess a State of Illinois High School
1155-24 Diploma, which shall be verified under oath by the
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1166-1 applicant;
1167-2 (4) personally take and pass a written examination and
1168-3 a field examination authorized by the Department; and
1169-4 (5) prior to taking the examination, provide evidence
1170-5 to the Department that the applicant has successfully
1171-6 completed the prerequisite classroom hours of instruction
1172-7 in home inspection, as established by rule.
1173-8 (b) The Department shall not require applicants to report
1174-9 the following information and shall not consider the following
1175-10 criminal history records in connection with an application for
1176-11 licensure or registration:
1177-12 (1) juvenile adjudications of delinquent minors as
1178-13 defined in Section 5-105 of the Juvenile Court Act of 1987
1179-14 subject to the restrictions set forth in Section 5-130 of
1180-15 that Act;
1181-16 (2) law enforcement records, court records, and
1182-17 conviction records of an individual who was 17 years old
1183-18 at the time of the offense and before January 1, 2014,
1184-19 unless the nature of the offense required the individual
1185-20 to be tried as an adult;
1186-21 (3) records of arrest not followed by a charge or
1187-22 conviction;
1188-23 (4) records of arrest where the charges were dismissed
1189-24 unless related to the practice of the profession; however,
1190-25 applicants shall not be asked to report any arrests, and
1191-26 an arrest not followed by a conviction shall not be the
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1202-1 basis of denial and may be used only to assess an
1203-2 applicant's rehabilitation;
1204-3 (5) convictions overturned by a higher court; or
1205-4 (6) convictions or arrests that have been sealed or
1206-5 expunged.
1207-6 (c) An applicant or licensee shall report to the
1208-7 Department, in a manner prescribed by the Department, upon
1209-8 application and within 30 days after the occurrence, if during
1210-9 the term of licensure, (i) any conviction of or plea of guilty
1211-10 or nolo contendere to forgery, embezzlement, obtaining money
1212-11 under false pretenses, larceny, extortion, conspiracy to
1213-12 defraud, or any similar offense or offenses or any conviction
1214-13 of a felony involving moral turpitude, (ii) the entry of an
1215-14 administrative sanction by a government agency in this State
1216-15 or any other jurisdiction that has as an essential element
1217-16 dishonesty or fraud or involves larceny, embezzlement, or
1218-17 obtaining money, property, or credit by false pretenses, or
1219-18 (iii) a crime that subjects the licensee to compliance with
1220-19 the requirements of the Sex Offender Registration Act.
1221-20 (d) Applicants have 3 years after the date of the
1222-21 application to complete the application process. If the
1223-22 process has not been completed within 3 years, the application
1224-23 shall be denied, the fee forfeited, and the applicant must
1225-24 reapply and meet the requirements in effect at the time of
1226-25 reapplication.
1227-26 (Source: P.A. 102-20, eff. 1-1-22; 102-1100, eff. 1-1-23.)
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1238-1 (225 ILCS 441/5-14)
1239-2 (Section scheduled to be repealed on January 1, 2027)
1240-3 Sec. 5-14. Social Security Number or Individual Taxpayer
1241-4 Identification Number on license application. In addition to
1242-5 any other information required to be contained in the
1243-6 application, every application for an original, renewal,
1244-7 reinstated, or restored license under this Act shall include
1245-8 the applicant's Social Security Number or Individual Taxpayer
1246-9 Identification Number.
1247-10 (Source: P.A. 97-226, eff. 7-28-11.)
1248-11 (225 ILCS 441/5-16)
1249-12 (Section scheduled to be repealed on January 1, 2027)
1250-13 Sec. 5-16. Renewal of license.
1251-14 (a) The expiration date and renewal period for a home
1252-15 inspector license issued under this Act shall be set by rule.
1253-16 Except as otherwise provided in subsections (b) and (c) of
1254-17 this Section, the holder of a license may renew the license
1255-18 within 90 days preceding the expiration date by:
1256-19 (1) completing and submitting to the Department a
1257-20 renewal application in a manner prescribed by the
1258-21 Department;
1259-22 (2) paying the required fees; and
1260-23 (3) providing evidence of successful completion of the
1261-24 continuing education requirements through courses approved
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1272-1 by the Department given by education providers licensed by
1273-2 the Department, as established by rule.
1274-3 (b) A home inspector whose license under this Act has
1275-4 expired may renew the license for a period of 2 years following
1276-5 the expiration date by complying with the requirements of
1277-6 subparagraphs (1), (2), and (3) of subsection (a) of this
1278-7 Section and paying any late penalties established by rule.
1279-8 (c) Notwithstanding subsection (b), a home inspector whose
1280-9 license under this Act has expired may renew the license
1281-10 without paying any lapsed renewal fees or late penalties and
1282-11 without completing the continuing education requirements for
1283-12 that licensure period if (i) the license expired while the
1284-13 home inspector was (i) in federal service on active duty with
1285-14 the Armed Forces of the United States or called into service or
1286-15 training with the State Militia, (ii) in training or education
1287-16 under the supervision of the United States preliminary to
1288-17 induction into the military service, or (iii) serving as an
1289-18 employee of the Department and within 2 years after the
1290-19 termination of the service, training, or education, the
1291-20 licensee furnishes the Department with satisfactory evidence
1292-21 of service, training, or education and was terminated under
1293-22 honorable conditions on active duty with the United States
1294-23 Armed Services, (ii) application for renewal is made within 2
1295-24 years following the termination of the military service or
1296-25 related education, training, or employment, and (iii) the
1297-26 applicant furnishes to the Department an affidavit that the
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1308-1 applicant was so engaged.
1309-2 (d) The Department shall provide reasonable care and due
1310-3 diligence to ensure that each licensee under this Act is
1311-4 provided a renewal application at least 90 days prior to the
1312-5 expiration date, but it is the responsibility of each licensee
1313-6 to renew the license prior to its expiration date.
1314-7 (e) The Department shall not issue or renew a license if
1315-8 the applicant or licensee has an unpaid fine or fee from a
1316-9 disciplinary matter or from a non-disciplinary action imposed
1317-10 by the Department until the fine or fee is paid to the
1318-11 Department or the applicant or licensee has entered into a
1319-12 payment plan and is current on the required payments.
1320-13 (f) The Department shall not issue or renew a license if
1321-14 the applicant or licensee has an unpaid fine or civil penalty
1322-15 imposed by the Department for unlicensed practice until the
1323-16 fine or civil penalty is paid to the Department or the
1324-17 applicant or licensee has entered into a payment plan and is
1325-18 current on the required payments.
1326-19 (g) A home inspector who notifies the Department, in a
1327-20 manner prescribed by the Department, may place the license on
1328-21 inactive status for a period not to exceed 2 years and shall be
1329-22 excused from the payment of renewal fees until the person
1330-23 notifies the Department in writing of the intention to resume
1331-24 active practice.
1332-25 (h) A home inspector requesting that the license be
1333-26 changed from inactive to active status shall be required to
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1344-1 pay the current renewal fee and shall also demonstrate
1345-2 compliance with the continuing education requirements.
1346-3 (i) No licensee with a nonrenewed or inactive license
1347-4 status shall provide home inspection services as set forth in
1348-5 this Act.
1349-6 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
1350-7 (225 ILCS 441/5-17)
1351-8 (Section scheduled to be repealed on January 1, 2027)
1352-9 Sec. 5-17. Renewal of home inspector license; entity.
1353-10 (a) The expiration date and renewal period for a home
1354-11 inspector license for an entity that is not a natural person
1355-12 shall be set by rule. The holder of a license may renew the
1356-13 license within 90 days preceding the expiration date by
1357-14 completing and submitting to the Department a renewal
1358-15 application in a manner prescribed by the Department and
1359-16 paying the required fees.
1360-17 (b) An entity that is not a natural person whose license
1361-18 under this Act has expired may renew the license for a period
1362-19 of 2 years following the expiration date by complying with the
1363-20 requirements of subsection (a) of this Section and paying any
1364-21 late penalties established by rule.
1365-22 (c) The Department shall not issue or renew a license if
1366-23 the applicant or licensee has an unpaid fine or fee from a
1367-24 disciplinary matter or from a non-disciplinary action imposed
1368-25 by the Department until the fine or fee is paid to the
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1379-1 Department or the applicant or licensee has entered into a
1380-2 payment plan and is current on the required payments.
1381-3 (d) The Department shall not issue or renew a license if
1382-4 the applicant or licensee has an unpaid fine or civil penalty
1383-5 imposed by the Department for unlicensed practice until the
1384-6 fine or civil penalty is paid to the Department or the
1385-7 applicant or licensee has entered into a payment plan and is
1386-8 current on the required payments.
1387-9 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
1388-10 (225 ILCS 441/15-10)
1389-11 (Section scheduled to be repealed on January 1, 2027)
1390-12 Sec. 15-10. Grounds for disciplinary action.
1391-13 (a) The Department may refuse to issue or renew, or may
1392-14 revoke, suspend, place on probation, reprimand, or take other
1393-15 disciplinary or non-disciplinary action as the Department may
1394-16 deem appropriate, including imposing fines not to exceed
1395-17 $25,000 for each violation upon any licensee or applicant
1396-18 under this Act or any person or entity who holds oneself out as
1397-19 an applicant or licensee , with regard to any license for any
1398-20 one or combination of the following:
1399-21 (1) Fraud or misrepresentation in applying for, or
1400-22 procuring a license under this Act or in connection with
1401-23 applying for renewal of a license under this Act.
1402-24 (2) Failing to meet the minimum qualifications for
1403-25 licensure as a home inspector established by this Act.
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1414-1 (3) Paying money, other than for the fees provided for
1415-2 by this Act, or anything of value to an employee of the
1416-3 Department to procure licensure under this Act.
1417-4 (4) Conviction of, or plea of guilty or nolo
1418-5 contendere, or finding as enumerated in subsection (c) of
1419-6 Section 5-10, under the laws of any jurisdiction of the
1420-7 United States: (i) that is a felony, misdemeanor, or
1421-8 administrative sanction, or (ii) that is a crime that
1422-9 subjects the licensee to compliance with the requirements
1423-10 of the Sex Offender Registration Act.
1424-11 (5) Committing an act or omission involving
1425-12 dishonesty, fraud, or misrepresentation with the intent to
1426-13 substantially benefit the licensee or another person or
1427-14 with the intent to substantially injure another person.
1428-15 (6) Violating a provision or standard for the
1429-16 development or communication of home inspections as
1430-17 provided in Section 10-5 of this Act or as defined in the
1431-18 rules.
1432-19 (7) Failing or refusing to exercise reasonable
1433-20 diligence in the development, reporting, or communication
1434-21 of a home inspection report, as defined by this Act or the
1435-22 rules.
1436-23 (8) Violating a provision of this Act or the rules.
1437-24 (9) Having been disciplined by another state, the
1438-25 District of Columbia, a territory, a foreign nation, a
1439-26 governmental agency, or any other entity authorized to
1440-
1441-
1442-
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1450-1 impose discipline if at least one of the grounds for that
1451-2 discipline is the same as or substantially equivalent to
1452-3 one of the grounds for which a licensee may be disciplined
1453-4 under this Act.
1454-5 (10) Engaging in dishonorable, unethical, or
1455-6 unprofessional conduct of a character likely to deceive,
1456-7 defraud, or harm the public.
1457-8 (11) Accepting an inspection assignment when the
1458-9 employment itself is contingent upon the home inspector
1459-10 reporting a predetermined analysis or opinion, or when the
1460-11 fee to be paid is contingent upon the analysis, opinion,
1461-12 or conclusion reached or upon the consequences resulting
1462-13 from the home inspection assignment.
1463-14 (12) Developing home inspection opinions or
1464-15 conclusions based on the race, color, religion, sex,
1465-16 national origin, ancestry, age, marital status, family
1466-17 status, physical or mental disability, military status,
1467-18 unfavorable discharge from military status, sexual
1468-19 orientation, order of protection status, or pregnancy, or
1469-20 any other protected class as defined under the Illinois
1470-21 Human Rights Act, of the prospective or present owners or
1471-22 occupants of the area or property under home inspection.
1472-23 (13) Being adjudicated liable in a civil proceeding on
1473-24 grounds of fraud, misrepresentation, or deceit. In a
1474-25 disciplinary proceeding based upon a finding of civil
1475-26 liability, the home inspector shall be afforded an
1476-
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1486-1 opportunity to present mitigating and extenuating
1487-2 circumstances, but may not collaterally attack the civil
1488-3 adjudication.
1489-4 (14) Being adjudicated liable in a civil proceeding
4394+
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4404+1 Sec. 15-10. Grounds for disciplinary action.
4405+2 (a) The Department may suspend, revoke, refuse to issue,
4406+3 renew, or restore a license and may reprimand place on
4407+4 probation or administrative supervision, or take any
4408+5 disciplinary or non-disciplinary action, including imposing
4409+6 conditions limiting the scope, nature, or extent of the real
4410+7 estate appraisal practice of a licensee or reducing the
4411+8 appraisal rank of a licensee, and may impose an administrative
4412+9 fine not to exceed $25,000 for each violation upon a licensee
4413+10 or applicant under this Act or any person who holds oneself out
4414+11 as an applicant or licensee for any one or combination of the
4415+12 following:
4416+13 (1) Procuring or attempting to procure a license by
4417+14 knowingly making a false statement, submitting false
4418+15 information, engaging in any form of fraud or
4419+16 misrepresentation, or refusing to provide complete
4420+17 information in response to a question in an application
4421+18 for licensure.
4422+19 (2) Failing to meet the minimum qualifications for
4423+20 licensure as an appraiser established by this Act.
4424+21 (3) Paying money, other than for the fees provided for
4425+22 by this Act, or anything of value to a member or employee
4426+23 of the Board or the Department to procure licensure under
4427+24 this Act.
4428+25 (4) Conviction of, or plea of guilty or nolo
4429+26 contendere, as enumerated in subsection (e) of Section
4430+
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4440+1 5-22, under the laws of any jurisdiction of the United
4441+2 States: (i) that is a felony, misdemeanor, or
4442+3 administrative sanction or (ii) that is a crime that
4443+4 subjects the licensee to compliance with the requirements
4444+5 of the Sex Offender Registration Act.
4445+6 (5) Committing an act or omission involving
4446+7 dishonesty, fraud, or misrepresentation with the intent to
4447+8 substantially benefit the licensee or another person or
4448+9 with intent to substantially injure another person as
4449+10 defined by rule.
4450+11 (6) Violating a provision or standard for the
4451+12 development or communication of real estate appraisals as
4452+13 provided in Section 10-10 of this Act or as defined by
4453+14 rule.
4454+15 (7) Failing or refusing without good cause to exercise
4455+16 reasonable diligence in developing, reporting, or
4456+17 communicating an appraisal, as defined by this Act or by
4457+18 rule.
4458+19 (8) Violating a provision of this Act or the rules
4459+20 adopted pursuant to this Act.
4460+21 (9) Having been disciplined by another state, the
4461+22 District of Columbia, a territory, a foreign nation, a
4462+23 governmental agency, or any other entity authorized to
4463+24 impose discipline if at least one of the grounds for that
4464+25 discipline is the same as or the equivalent of one of the
4465+26 grounds for which a licensee may be disciplined under this
4466+
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4476+1 Act.
4477+2 (10) Engaging in dishonorable, unethical, or
4478+3 unprofessional conduct of a character likely to deceive,
4479+4 defraud, or harm the public.
4480+5 (11) Accepting an appraisal assignment when the
4481+6 employment itself is contingent upon the appraiser
4482+7 reporting a predetermined estimate, analysis, or opinion
4483+8 or when the fee to be paid is contingent upon the opinion,
4484+9 conclusion, or valuation reached or upon the consequences
4485+10 resulting from the appraisal assignment.
4486+11 (12) Developing valuation conclusions based on the
4487+12 race, color, religion, sex, national origin, ancestry,
4488+13 age, marital status, family status, physical or mental
4489+14 disability, sexual orientation, pregnancy, order of
4490+15 protection status, military status, or unfavorable
4491+16 military discharge, source of income, or any other
4492+17 protected class as defined under the Illinois Human Rights
4493+18 Act, of the prospective or present owners or occupants of
4494+19 the area or property under appraisal.
4495+20 (13) Violating the confidential nature of government
4496+21 records to which the licensee gained access through
4497+22 employment or engagement as an appraiser by a government
4498+23 agency.
4499+24 (14) Being adjudicated liable in a civil proceeding on
4500+25 grounds of fraud, misrepresentation, or deceit. In a
4501+26 disciplinary proceeding based upon a finding of civil
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4512+1 liability, the appraiser shall be afforded an opportunity
4513+2 to present mitigating and extenuating circumstances, but
4514+3 may not collaterally attack the civil adjudication.
4515+4 (15) Being adjudicated liable in a civil proceeding
14904516 5 for violation of a state or federal fair housing law.
1491-6 (15) Engaging in misleading or untruthful advertising
1492-7 or using a trade name or insignia of membership in a home
1493-8 inspection organization of which the licensee is not a
1494-9 member.
1495-10 (16) Failing, within 30 days, to provide information
1496-11 in response to a written request made by the Department.
1497-12 (17) Failing to include within the home inspection
1498-13 report the home inspector's license number and the date of
1499-14 expiration of the license. The names of (i) all persons
1500-15 who conducted the home inspection; and (ii) all persons
1501-16 who prepared the subsequent written evaluation or any part
1502-17 thereof must be disclosed in the report. It is a violation
1503-18 of this Act for a home inspector to sign a home inspection
1504-19 report knowing that the names of all such persons have not
1505-20 been disclosed in the home inspection report.
1506-21 (18) Advising a client as to whether the client should
1507-22 or should not engage in a transaction regarding the
1508-23 residential real property that is the subject of the home
1509-24 inspection.
1510-25 (19) Performing a home inspection in a manner that
1511-26 damages or alters the residential real property that is
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1522-1 the subject of the home inspection without the consent of
1523-2 the owner.
1524-3 (20) Performing a home inspection when the home
1525-4 inspector is providing or may also provide other services
1526-5 in connection with the residential real property or
1527-6 transaction, or has an interest in the residential real
1528-7 property, without providing prior written notice of the
1529-8 potential or actual conflict and obtaining the prior
1530-9 consent of the client as provided by rule.
1531-10 (21) Aiding or assisting another person in violating
1532-11 any provision of this Act or rules adopted under this Act.
1533-12 (22) Inability to practice with reasonable judgment,
1534-13 skill, or safety as a result of habitual or excessive use
1535-14 or addiction to alcohol, narcotics, stimulants, or any
1536-15 other chemical agent or drug.
1537-16 (23) A finding by the Department that the licensee,
1538-17 after having the license placed on probationary status,
1539-18 has violated the terms of probation.
1540-19 (24) Willfully making or filing false records or
1541-20 reports related to the practice of home inspection,
1542-21 including, but not limited to, false records filed with
1543-22 State agencies or departments.
1544-23 (25) Charging for professional services not rendered,
1545-24 including filing false statements for the collection of
1546-25 fees for which services are not rendered.
1547-26 (26) Practicing under a false or, except as provided
1548-
1549-
1550-
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1558-1 by law, an assumed name.
1559-2 (27) Cheating on or attempting to subvert the
1560-3 licensing examination administered under this Act.
1561-4 (28) Engaging in any of the following prohibited
1562-5 fraudulent, false, deceptive, or misleading advertising
1563-6 practices:
1564-7 (i) advertising as a home inspector or operating a
1565-8 home inspection business entity unless there is a duly
1566-9 licensed home inspector responsible for all inspection
1567-10 activities and all inspections;
1568-11 (ii) advertising that contains a misrepresentation
1569-12 of facts or false statements regarding the licensee's
1570-13 professional achievements, degrees, training, skills,
1571-14 or qualifications in the home inspection profession or
1572-15 any other profession requiring licensure;
1573-16 (iii) advertising that makes only a partial
1574-17 disclosure of relevant facts related to pricing or
1575-18 home inspection services; and
1576-19 (iv) advertising that claims this State or any of
1577-20 its political subdivisions endorse the home inspection
1578-21 report or its contents.
1579-22 (29) Disclosing, except as otherwise required by law,
1580-23 inspection results or client information obtained without
1581-24 the client's written consent. A home inspector shall not
1582-25 deliver a home inspection report to any person other than
1583-26 the client of the home inspector without the client's
1584-
1585-
1586-
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1590-
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1593- HB2207 Engrossed - 46 - LRB103 27667 AMQ 54044 b
1594-1 written consent.
1595-2 (30) Providing fees, gifts, waivers of liability, or
1596-3 other forms of compensation or gratuities to persons
1597-4 licensed under any real estate professional licensing act
1598-5 in this State as consideration or inducement for the
1599-6 referral of business.
1600-7 (31) Violating the terms of any order issued by the
1601-8 Department.
1602-9 (b) The Department may suspend, revoke, or refuse to issue
1603-10 or renew an education provider's license, may reprimand, place
1604-11 on probation, or otherwise discipline an education provider
1605-12 licensee, and may suspend or revoke the course approval of any
1606-13 course offered by an education provider, for any of the
1607-14 following:
1608-15 (1) Procuring or attempting to procure licensure by
1609-16 knowingly making a false statement, submitting false
1610-17 information, making any form of fraud or
1611-18 misrepresentation, or refusing to provide complete
1612-19 information in response to a question in an application
1613-20 for licensure.
1614-21 (2) Failing to comply with the covenants certified to
1615-22 on the application for licensure as an education provider.
1616-23 (3) Committing an act or omission involving
1617-24 dishonesty, fraud, or misrepresentation or allowing any
1618-25 such act or omission by any employee or contractor under
1619-26 the control of the education provider.
1620-
1621-
1622-
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1630-1 (4) Engaging in misleading or untruthful advertising.
1631-2 (5) Failing to retain competent instructors in
1632-3 accordance with rules adopted under this Act.
1633-4 (6) Failing to meet the topic or time requirements for
1634-5 course approval as the provider of a pre-license
1635-6 curriculum course or a continuing education course.
1636-7 (7) Failing to administer an approved course using the
1637-8 course materials, syllabus, and examinations submitted as
1638-9 the basis of the course approval.
1639-10 (8) Failing to provide an appropriate classroom
1640-11 environment for presentation of courses, with
1641-12 consideration for student comfort, acoustics, lighting,
1642-13 seating, workspace, and visual aid material.
1643-14 (9) Failing to maintain student records in compliance
1644-15 with the rules adopted under this Act.
1645-16 (10) Failing to provide a certificate, transcript, or
1646-17 other student record to the Department or to a student as
1647-18 may be required by rule.
1648-19 (11) Failing to fully cooperate with a Department
1649-20 investigation by knowingly making a false statement,
1650-21 submitting false or misleading information, or refusing to
1651-22 provide complete information in response to written
1652-23 interrogatories or a written request for documentation
1653-24 within 30 days of the request.
1654-25 (c) (Blank).
1655-26 (d) The Department may refuse to issue or may suspend
1656-
1657-
1658-
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1666-1 without hearing, as provided for in the Code of Civil
1667-2 Procedure, the license of any person who fails to file a tax
1668-3 return, to pay the tax, penalty, or interest shown in a filed
1669-4 tax return, or to pay any final assessment of tax, penalty, or
1670-5 interest, as required by any tax Act administered by the
1671-6 Illinois Department of Revenue, until such time as the
1672-7 requirements of the tax Act are satisfied in accordance with
1673-8 subsection (g) of Section 2105-15 of the Civil Administrative
1674-9 Code of Illinois.
1675-10 (e) (Blank).
1676-11 (f) In cases where the Department of Healthcare and Family
1677-12 Services has previously determined that a licensee or a
1678-13 potential licensee is more than 30 days delinquent in the
1679-14 payment of child support and has subsequently certified the
1680-15 delinquency to the Department, the Department may refuse to
1681-16 issue or renew or may revoke or suspend that person's license
1682-17 or may take other disciplinary action against that person
1683-18 based solely upon the certification of delinquency made by the
1684-19 Department of Healthcare and Family Services in accordance
1685-20 with item (5) of subsection (a) of Section 2105-15 of the Civil
1686-21 Administrative Code of Illinois.
1687-22 (g) The determination by a circuit court that a licensee
1688-23 is subject to involuntary admission or judicial admission, as
1689-24 provided in the Mental Health and Developmental Disabilities
1690-25 Code, operates as an automatic suspension. The suspension will
1691-26 end only upon a finding by a court that the patient is no
1692-
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1702-1 longer subject to involuntary admission or judicial admission
1703-2 and the issuance of a court order so finding and discharging
1704-3 the patient.
1705-4 (h) (Blank).
1706-5 (Source: P.A. 102-20, eff. 1-1-22.)
1707-6 (225 ILCS 441/15-11)
1708-7 (Section scheduled to be repealed on January 1, 2027)
1709-8 Sec. 15-11. Illegal discrimination. When there has been an
1710-9 adjudication in a civil or criminal proceeding that a licensee
1711-10 has illegally discriminated while engaged in any activity for
1712-11 which a license is required under this Act, the Department,
1713-12 upon the determination by recommendation of the Secretary
1714-13 Board as to the extent of the suspension or revocation, shall
1715-14 suspend or revoke the license of that licensee in a timely
1716-15 manner, unless the adjudication is in the appeal process. When
1717-16 there has been an order in an administrative proceeding
1718-17 finding that a licensee has illegally discriminated while
1719-18 engaged in any activity for which a license is required under
1720-19 this Act, the Department, upon the determination by
1721-20 recommendation of the Secretary Board as to the nature and
1722-21 extent of the discipline, shall take one or more of the
1723-22 disciplinary actions provided for in Section 15-10 of this Act
1724-23 in a timely manner, unless the administrative order is in the
1725-24 appeal process.
1726-25 (Source: P.A. 102-970, eff. 5-27-22.)
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1737-1 (225 ILCS 441/15-15)
1738-2 (Section scheduled to be repealed on January 1, 2027)
1739-3 Sec. 15-15. Investigation; notice; hearing. The Department
1740-4 may investigate the actions of any person who is an applicant,
1741-5 or licensee, or of any person or persons rendering or offering
1742-6 to render home inspection services, or any person holding or
1743-7 claiming to hold a license as a home inspector. The Department
1744-8 shall, before refusing to issue or renew a license or to
1745-9 discipline a person licensee pursuant to Section 15-10, at
1746-10 least 30 days prior to the date set for the hearing, (i) notify
1747-11 the person charged accused in writing and the person's
1748-12 managing licensed home inspector, if any, of the charges made
1749-13 and the time and place for the hearing on the charges, (ii)
1750-14 direct the person licensee or applicant to file a written
1751-15 answer with the Department under oath within 20 days after the
1752-16 service of the notice, and (iii) inform the person applicant
1753-17 or licensee that failure to file an answer will result in a
1754-18 default judgment being entered against the person applicant or
1755-19 licensee. At the time and place fixed in the notice, the
1756-20 Department shall proceed to hear the charges and the parties
1757-21 of their counsel shall be accorded ample opportunity to
1758-22 present any pertinent statements, testimony, evidence, and
1759-23 arguments. The Department may continue the hearing from time
1760-24 to time. In case the person, after receiving the notice, fails
1761-25 to file an answer, the license, may, in the discretion of the
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1772-1 Department, be revoked, suspended, placed on probationary
1773-2 status, or the Department may take whatever disciplinary
1774-3 actions considered proper, including limiting the scope,
1775-4 nature, or extent of the person's practice or the imposition
1776-5 of a fine, without a hearing, if the act or acts charged
1777-6 constitute sufficient grounds for that action under the Act.
1778-7 The notice may be served by personal delivery, by mail, or, at
1779-8 the discretion of the Department, by electronic means to the
1780-9 address of record or email address of record specified by the
1781-10 person accused as last updated with the Department.
1782-11 A copy of the hearing officer's report or any Order of
1783-12 Default, along with a copy of the original complaint giving
1784-13 rise to the action, shall be served upon the applicant,
1785-14 licensee, or unlicensed person by the Department to the
1786-15 applicant, licensee, or unlicensed individual in the manner
1787-16 provided in this Act for the service of a notice of hearing.
1788-17 Within 20 days after service, the person applicant or licensee
1789-18 may present to the Department a motion in writing for a
1790-19 rehearing, which shall specify the particular grounds for
1791-20 rehearing. If the person orders from the reporting service and
1792-21 pays for a transcript of the record within the time for filing
1793-22 a motion for rehearing, then the 20-day period during which a
1794-23 motion may be filed shall commence upon the delivery of the
1795-24 transcript to the applicant or licensee. The Department may
1796-25 respond to the motion, or if a motion for rehearing is denied,
1797-26 then upon denial, the Secretary may enter an order in
1798-
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1808-1 accordance with the recommendations of the hearing officer. A
1809-2 copy of the Department's final disciplinary order shall be
1810-3 delivered to the person and the person's managing home
1811-4 inspector, if any. If the applicant or licensee orders from
1812-5 the reporting service and pays for a transcript of the record
1813-6 within the time for filing a motion for rehearing, then the
1814-7 20-day period during which a motion may be filed shall
1815-8 commence upon the delivery of the transcript to the applicant
1816-9 or licensee.
1817-10 (Source: P.A. 102-20, eff. 1-1-22.)
1818-11 (225 ILCS 441/25-27)
1819-12 (Section scheduled to be repealed on January 1, 2027)
1820-13 Sec. 25-27. Subpoenas; depositions; oaths.
1821-14 (a) The Department may subpoena and bring before it any
1822-15 person to take oral or written testimony or compel the
1823-16 production of any books, papers, records, or any other
1824-17 documents the Secretary or the Secretary's designee deems
1825-18 relevant or material to any investigation or hearing conducted
1826-19 by the Department with the same fees and in the same manner as
1827-20 prescribed in civil cases in the courts of this State.
1828-21 (b) Any circuit court, upon the application of the
1829-22 licensee or the Department, may order the attendance and
1830-23 testimony of witnesses and the production of relevant
1831-24 documents, files, records, books, and papers in connection
1832-25 with any hearing or investigation. The circuit court may
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1843-1 compel obedience to its order by proceedings for contempt.
1844-2 (c) The Secretary or the Secretary's designee, the hearing
1845-3 officer, any member of the Board, or a certified shorthand
1846-4 court reporter may administer oaths at any hearing the
1847-5 Department conducts. Notwithstanding any other statute or
1848-6 Department rule to the contrary, all requests for testimony,
1849-7 production of documents, or records shall be in accordance
1850-8 with this Act.
1851-9 (Source: P.A. 102-20, eff. 1-1-22.)
1852-10 Section 20. The Real Estate License Act of 2000 is amended
1853-11 by changing Sections 1-10, 5-6, 5-10, 5-20, 5-29, 5-50, 5-60,
1854-12 5-75, 10-25, 10-30, 20-20, 20-20.1, 20-22, 20-23, 20-25,
1855-13 20-60, 20-69, 20-72, 25-10, and 25-25 and by adding Section
1856-14 20-21.1 as follows:
1857-15 (225 ILCS 454/1-10)
1858-16 (Section scheduled to be repealed on January 1, 2030)
1859-17 Sec. 1-10. Definitions. In this Act, unless the context
1860-18 otherwise requires:
1861-19 "Act" means the Real Estate License Act of 2000.
1862-20 "Address of record" means the designated address recorded
1863-21 by the Department in the applicant's or licensee's application
1864-22 file or license file as maintained by the Department.
1865-23 "Agency" means a relationship in which a broker or
1866-24 licensee, whether directly or through an affiliated licensee,
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1877-1 represents a consumer by the consumer's consent, whether
1878-2 express or implied, in a real property transaction.
1879-3 "Applicant" means any person, as defined in this Section,
1880-4 who applies to the Department for a valid license as a managing
1881-5 broker, broker, or residential leasing agent.
1882-6 "Blind advertisement" means any real estate advertisement
1883-7 that is used by a licensee regarding the sale or lease of real
1884-8 estate, licensed activities, or the hiring of any licensee
1885-9 under this Act that does not include the sponsoring broker's
1886-10 complete business name or, in the case of electronic
1887-11 advertisements, does not provide a direct link to a display
1888-12 with all the required disclosures. The broker's business name
1889-13 in the case of a franchise shall include the franchise
1890-14 affiliation as well as the name of the individual firm.
1891-15 "Board" means the Real Estate Administration and
1892-16 Disciplinary Board of the Department as created by Section
1893-17 25-10 of this Act.
1894-18 "Broker" means an individual, entity, corporation, foreign
1895-19 or domestic partnership, limited liability company, registered
1896-20 limited liability partnership, or other business entity other
1897-21 than a residential leasing agent who, whether in person or
1898-22 through any media or technology, for another and for
1899-23 compensation, or with the intention or expectation of
1900-24 receiving compensation, either directly or indirectly:
1901-25 (1) Sells, exchanges, purchases, rents, or leases real
1902-26 estate.
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1913-1 (2) Offers to sell, exchange, purchase, rent, or lease
1914-2 real estate.
1915-3 (3) Negotiates, offers, attempts, or agrees to
1916-4 negotiate the sale, exchange, purchase, rental, or leasing
1917-5 of real estate.
1918-6 (4) Lists, offers, attempts, or agrees to list real
1919-7 estate for sale, rent, lease, or exchange.
1920-8 (5) Whether for another or themselves, engages in a
1921-9 pattern of business of buying, selling, offering to buy or
1922-10 sell, marketing for sale, exchanging, or otherwise dealing
1923-11 in contracts, including assignable contracts for the
1924-12 purchase or sale of, or options on real estate or
1925-13 improvements thereon. For purposes of this definition, an
1926-14 individual or entity will be found to have engaged in a
1927-15 pattern of business if the individual or entity by itself
1928-16 or with any combination of other individuals or entities,
1929-17 whether as partners or common owners in another entity,
1930-18 has engaged in one or more of these practices on 2 or more
1931-19 occasions in any 12-month period.
1932-20 (6) Supervises the collection, offer, attempt, or
1933-21 agreement to collect rent for the use of real estate.
1934-22 (7) Advertises or represents oneself as being engaged
1935-23 in the business of buying, selling, exchanging, renting,
1936-24 or leasing real estate.
1937-25 (8) Assists or directs in procuring or referring of
1938-26 leads or prospects, intended to result in the sale,
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1949-1 exchange, lease, or rental of real estate.
1950-2 (9) Assists or directs in the negotiation of any
1951-3 transaction intended to result in the sale, exchange,
1952-4 lease, or rental of real estate.
1953-5 (10) Opens real estate to the public for marketing
1954-6 purposes.
1955-7 (11) Sells, rents, leases, or offers for sale or lease
1956-8 real estate at auction.
1957-9 (12) Prepares or provides a broker price opinion or
1958-10 comparative market analysis as those terms are defined in
1959-11 this Act, pursuant to the provisions of Section 10-45 of
1960-12 this Act.
1961-13 "Brokerage agreement" means a written or oral agreement
1962-14 between a sponsoring broker and a consumer for licensed
1963-15 activities, or the performance of future licensed activities,
1964-16 to be provided to a consumer in return for compensation or the
1965-17 right to receive compensation from another. Brokerage
1966-18 agreements may constitute either a bilateral or a unilateral
1967-19 agreement between the broker and the broker's client depending
1968-20 upon the content of the brokerage agreement. All exclusive
1969-21 brokerage agreements shall be in writing.
1970-22 "Broker price opinion" means an estimate or analysis of
1971-23 the probable selling price of a particular interest in real
1972-24 estate, which may provide a varying level of detail about the
1973-25 property's condition, market, and neighborhood and information
1974-26 on comparable sales. The activities of a real estate broker or
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1985-1 managing broker engaging in the ordinary course of business as
1986-2 a broker, as defined in this Section, shall not be considered a
1987-3 broker price opinion if no compensation is paid to the broker
1988-4 or managing broker, other than compensation based upon the
1989-5 sale or rental of real estate. A broker price opinion shall not
1990-6 be considered an appraisal within the meaning of the Real
1991-7 Estate Appraiser Licensing Act of 2002, any amendment to that
1992-8 Act, or any successor Act.
1993-9 "Client" means a person who is being represented by a
1994-10 licensee.
1995-11 "Comparative market analysis" means an analysis or opinion
1996-12 regarding pricing, marketing, or financial aspects relating to
1997-13 a specified interest or interests in real estate that may be
1998-14 based upon an analysis of comparative market data, the
1999-15 expertise of the real estate broker or managing broker, and
2000-16 such other factors as the broker or managing broker may deem
2001-17 appropriate in developing or preparing such analysis or
2002-18 opinion. The activities of a real estate broker or managing
2003-19 broker engaging in the ordinary course of business as a
2004-20 broker, as defined in this Section, shall not be considered a
2005-21 comparative market analysis if no compensation is paid to the
2006-22 broker or managing broker, other than compensation based upon
2007-23 the sale or rental of real estate. A comparative market
2008-24 analysis shall not be considered an appraisal within the
2009-25 meaning of the Real Estate Appraiser Licensing Act of 2002,
2010-26 any amendment to that Act, or any successor Act.
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2021-1 "Compensation" means the valuable consideration given by
2022-2 one person or entity to another person or entity in exchange
2023-3 for the performance of some activity or service. Compensation
2024-4 shall include the transfer of valuable consideration,
2025-5 including without limitation the following:
2026-6 (1) commissions;
2027-7 (2) referral fees;
2028-8 (3) bonuses;
2029-9 (4) prizes;
2030-10 (5) merchandise;
2031-11 (6) finder fees;
2032-12 (7) performance of services;
2033-13 (8) coupons or gift certificates;
2034-14 (9) discounts;
2035-15 (10) rebates;
2036-16 (11) a chance to win a raffle, drawing, lottery, or
2037-17 similar game of chance not prohibited by any other law or
2038-18 statute;
2039-19 (12) retainer fee; or
2040-20 (13) salary.
2041-21 "Confidential information" means information obtained by a
2042-22 licensee from a client during the term of a brokerage
2043-23 agreement that (i) was made confidential by the written
2044-24 request or written instruction of the client, (ii) deals with
2045-25 the negotiating position of the client, or (iii) is
2046-26 information the disclosure of which could materially harm the
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2057-1 negotiating position of the client, unless at any time:
2058-2 (1) the client permits the disclosure of information
2059-3 given by that client by word or conduct;
2060-4 (2) the disclosure is required by law; or
2061-5 (3) the information becomes public from a source other
2062-6 than the licensee.
2063-7 "Confidential information" shall not be considered to
2064-8 include material information about the physical condition of
2065-9 the property.
2066-10 "Consumer" means a person or entity seeking or receiving
2067-11 licensed activities.
2068-12 "Coordinator" means the Coordinator of Real Estate created
2069-13 in Section 25-15 of this Act.
2070-14 "Credit hour" means 50 minutes of instruction in course
2071-15 work that meets the requirements set forth in rules adopted by
2072-16 the Department.
2073-17 "Customer" means a consumer who is not being represented
2074-18 by the licensee.
2075-19 "Department" means the Department of Financial and
2076-20 Professional Regulation.
2077-21 "Designated agency" means a contractual relationship
2078-22 between a sponsoring broker and a client under Section 15-50
2079-23 of this Act in which one or more licensees associated with or
2080-24 employed by the broker are designated as agent of the client.
2081-25 "Designated agent" means a sponsored licensee named by a
2082-26 sponsoring broker as the legal agent of a client, as provided
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2093-1 for in Section 15-50 of this Act.
2094-2 "Designated managing broker" means a managing broker who
2095-3 has supervisory responsibilities for licensees in one or, in
2096-4 the case of a multi-office company, more than one office and
2097-5 who has been appointed as such by the sponsoring broker
2098-6 registered with the Department.
2099-7 "Director" means the Director of Real Estate within the
2100-8 Department of Financial and Professional Regulation.
2101-9 "Dual agency" means an agency relationship in which a
2102-10 licensee is representing both buyer and seller or both
2103-11 landlord and tenant in the same transaction. When the agency
2104-12 relationship is a designated agency, the question of whether
2105-13 there is a dual agency shall be determined by the agency
2106-14 relationships of the designated agent of the parties and not
2107-15 of the sponsoring broker.
2108-16 "Education provider" means a school licensed by the
2109-17 Department offering courses in pre-license, post-license, or
2110-18 continuing education required by this Act.
2111-19 "Employee" or other derivative of the word "employee",
2112-20 when used to refer to, describe, or delineate the relationship
2113-21 between a sponsoring broker and a managing broker, broker, or
2114-22 a residential leasing agent, shall be construed to include an
2115-23 independent contractor relationship, provided that a written
2116-24 agreement exists that clearly establishes and states the
2117-25 relationship.
2118-26 "Escrow moneys" means all moneys, promissory notes, or any
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2129-1 other type or manner of legal tender or financial
2130-2 consideration deposited with any person for the benefit of the
2131-3 parties to the transaction. A transaction exists once an
2132-4 agreement has been reached and an accepted real estate
2133-5 contract signed or lease agreed to by the parties. "Escrow
2134-6 moneys" includes, without limitation, earnest moneys and
2135-7 security deposits, except those security deposits in which the
2136-8 person holding the security deposit is also the sole owner of
2137-9 the property being leased and for which the security deposit
2138-10 is being held.
2139-11 "Electronic means of proctoring" means a methodology
2140-12 providing assurance that the person taking a test and
2141-13 completing the answers to questions is the person seeking
2142-14 licensure or credit for continuing education and is doing so
2143-15 without the aid of a third party or other device.
2144-16 "Exclusive brokerage agreement" means a written brokerage
2145-17 agreement that provides that the sponsoring broker has the
2146-18 sole right, through one or more sponsored licensees, to act as
2147-19 the exclusive agent or representative of the client and that
2148-20 meets the requirements of Section 15-75 of this Act.
2149-21 "Inactive" means a status of licensure where the licensee
2150-22 holds a current license under this Act, but the licensee is
2151-23 prohibited from engaging in licensed activities because the
2152-24 licensee is unsponsored or the license of the sponsoring
2153-25 broker with whom the licensee is associated or by whom the
2154-26 licensee is employed is currently expired, revoked, suspended,
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2165-1 or otherwise rendered invalid under this Act. The license of
2166-2 any business entity that is not in good standing with the
2167-3 Illinois Secretary of State, or is not authorized to conduct
2168-4 business in Illinois, shall immediately become inactive and
2169-5 that entity shall be prohibited from engaging in any licensed
2170-6 activities.
2171-7 "Leads" means the name or names of a potential buyer,
2172-8 seller, lessor, lessee, or client of a licensee.
2173-9 "License" means the privilege conferred by the Department
2174-10 to a person that has fulfilled all requirements prerequisite
2175-11 to any type of licensure under this Act.
2176-12 "Licensed activities" means those activities listed in the
2177-13 definition of "broker" under this Section.
2178-14 "Licensee" means any person licensed under this Act.
2179-15 "Listing presentation" means any communication, written or
2180-16 oral and by any means or media, between a managing broker or
2181-17 broker and a consumer in which the licensee is attempting to
2182-18 secure a brokerage agreement with the consumer to market the
2183-19 consumer's real estate for sale or lease.
2184-20 "Managing broker" means a licensee who may be authorized
2185-21 to assume responsibilities as a designated managing broker for
2186-22 licensees in one or, in the case of a multi-office company,
2187-23 more than one office, upon appointment by the sponsoring
2188-24 broker and registration with the Department. A managing broker
2189-25 may act as one's own sponsor.
2190-26 "Medium of advertising" means any method of communication
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2201-1 intended to influence the general public to use or purchase a
2202-2 particular good or service or real estate, including, but not
2203-3 limited to, print, electronic, social media, and digital
2204-4 forums.
2205-5 "Office" means a broker's place of business where the
2206-6 general public is invited to transact business and where
2207-7 records may be maintained and licenses readily available,
2208-8 whether or not it is the broker's principal place of business.
2209-9 "Person" means and includes individuals, entities,
2210-10 corporations, limited liability companies, registered limited
2211-11 liability partnerships, foreign and domestic partnerships, and
2212-12 other business entities, except that when the context
2213-13 otherwise requires, the term may refer to a single individual
2214-14 or other described entity.
2215-15 "Proctor" means any person, including, but not limited to,
2216-16 an instructor, who has a written agreement to administer
2217-17 examinations fairly and impartially with a licensed education
2218-18 provider.
2219-19 "Real estate" means and includes leaseholds as well as any
2220-20 other interest or estate in land, whether corporeal,
2221-21 incorporeal, freehold, or non-freehold and whether the real
2222-22 estate is situated in this State or elsewhere. "Real estate"
2223-23 does not include property sold, exchanged, or leased as a
2224-24 timeshare or similar vacation item or interest, vacation club
2225-25 membership, or other activity formerly regulated under the
2226-26 Real Estate Timeshare Act of 1999 (repealed).
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2237-1 "Regular employee" means a person working an average of 20
2238-2 hours per week for a person or entity who would be considered
2239-3 as an employee under the Internal Revenue Service rules for
2240-4 classifying workers.
2241-5 "Renewal period" means the period beginning 90 days prior
2242-6 to the expiration date of a license.
2243-7 "Residential leasing agent" means a person who is employed
2244-8 by a broker to engage in licensed activities limited to
2245-9 leasing residential real estate who has obtained a license as
2246-10 provided for in Section 5-5 of this Act.
2247-11 "Secretary" means the Secretary of the Department of
2248-12 Financial and Professional Regulation, or a person authorized
2249-13 by the Secretary to act in the Secretary's stead.
2250-14 "Sponsoring broker" means the broker who certifies to the
2251-15 Department the broker's his, her, or its sponsorship of a
2252-16 licensed managing broker, broker, or a residential leasing
2253-17 agent.
2254-18 "Sponsorship" means that a sponsoring broker has certified
2255-19 to the Department that a managing broker, broker, or
2256-20 residential leasing agent is employed by or associated by
2257-21 written agreement with the sponsoring broker and the
2258-22 Department has registered the sponsorship, as provided for in
2259-23 Section 5-40 of this Act.
2260-24 "Team" means any 2 or more licensees who work together to
2261-25 provide real estate brokerage services, represent themselves
2262-26 to the public as being part of a team or group, are identified
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2273-1 by a team name that is different than their sponsoring
2274-2 broker's name, and together are supervised by the same
2275-3 managing broker and sponsored by the same sponsoring broker.
2276-4 "Team" does not mean a separately organized, incorporated, or
2277-5 legal entity.
2278-6 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
2279-7 (225 ILCS 454/5-6)
2280-8 (Section scheduled to be repealed on January 1, 2030)
2281-9 Sec. 5-6. Social Security Number or Individual Taxpayer
2282-10 Tax Identification Number on license application. In addition
2283-11 to any other information required to be contained in the
2284-12 application, every application for an original license under
2285-13 this Act shall include the applicant's Social Security Number
2286-14 or Tax Identification Number, which shall be retained in the
2287-15 agency's records pertaining to the license. An applicant may
2288-16 provide an Individual Taxpayer Identification Number as an
2289-17 alternative to providing a Social Security Number when
2290-18 applying for a license. As soon as practical, the Department
2291-19 shall assign a separate and distinct identification number to
2292-20 each applicant for a license.
2293-21 Every application for a renewal or restored license shall
2294-22 require the applicant's identification number.
2295-23 (Source: P.A. 101-357, eff. 8-9-19.)
2296-24 (225 ILCS 454/5-10)
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2307-1 (Section scheduled to be repealed on January 1, 2030)
2308-2 Sec. 5-10. Requirements for license as a residential
2309-3 leasing agent; continuing education.
2310-4 (a) Every applicant for licensure as a residential leasing
2311-5 agent must meet the following qualifications:
2312-6 (1) be at least 18 years of age;
2313-7 (2) be of good moral character;
2314-8 (3) successfully complete a 4-year course of study in
2315-9 a high school or secondary school or an equivalent course
2316-10 of study approved by the state in which the school is
2317-11 located, or possess a State of Illinois High School
2318-12 Diploma, which shall be verified under oath by the
2319-13 applicant;
2320-14 (4) personally take and pass a written examination
2321-15 authorized by the Department sufficient to demonstrate the
2322-16 applicant's knowledge of the provisions of this Act
2323-17 relating to residential leasing agents and the applicant's
2324-18 competence to engage in the activities of a licensed
2325-19 residential leasing agent;
2326-20 (5) provide satisfactory evidence of having completed
2327-21 15 hours of instruction in an approved course of study
2328-22 relating to the leasing of residential real property. The
2329-23 Board may recommend to the Department the number of hours
2330-24 each topic of study shall require. The course of study
2331-25 shall, among other topics, cover the provisions of this
2332-26 Act applicable to residential leasing agents; fair housing
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2343-1 and human rights issues relating to residential leasing;
2344-2 advertising and marketing issues; leases, applications,
2345-3 and credit and criminal background reports; owner-tenant
2346-4 relationships and owner-tenant laws; the handling of
2347-5 funds; and environmental issues relating to residential
2348-6 real property;
2349-7 (6) complete any other requirements as set forth by
2350-8 rule; and
2351-9 (7) present a valid application for issuance of an
2352-10 initial license accompanied by fees specified by rule.
2353-11 (b) No applicant shall engage in any of the activities
2354-12 covered by this Act without a valid license and until a valid
2355-13 sponsorship has been registered with the Department.
2356-14 (c) Successfully completed course work, completed pursuant
2357-15 to the requirements of this Section, may be applied to the
2358-16 course work requirements to obtain a managing broker's or
2359-17 broker's license as provided by rule. The Board may recommend
2360-18 to the Department and the Department may adopt requirements
2361-19 for approved courses, course content, and the approval of
2362-20 courses, instructors, and education providers, as well as
2363-21 education provider and instructor fees. The Department may
2364-22 establish continuing education requirements for residential
2365-23 licensed leasing agents, by rule, consistent with the language
2366-24 and intent of this Act, with the advice of the Board.
2367-25 (d) The continuing education requirement for residential
2368-26 leasing agents shall consist of a single core curriculum to be
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2379-1 prescribed by the Department as recommended by the Board.
2380-2 Leasing agents shall be required to complete no less than 8
2381-3 hours of continuing education in the core curriculum during
2382-4 the current term of the license. The curriculum shall, at a
2383-5 minimum, consist of a single course or courses on the subjects
2384-6 of fair housing and human rights issues related to residential
2385-7 leasing, advertising and marketing issues, leases,
2386-8 applications, credit reports, and criminal history, the
2387-9 handling of funds, owner-tenant relationships and owner-tenant
2388-10 laws, and environmental issues relating to residential real
2389-11 estate.
2390-12 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22;
2391-13 102-1100, eff. 1-1-23; revised 12-14-22.)
2392-14 (225 ILCS 454/5-20)
2393-15 (Section scheduled to be repealed on January 1, 2030)
2394-16 Sec. 5-20. Exemptions from managing broker, broker, or
2395-17 residential leasing agent license requirement; Department
2396-18 exemption from education provider and related licenses. The
2397-19 requirement for holding a license under this Article 5 shall
2398-20 not apply to:
2399-21 (1) Any person, as defined in Section 1-10, that as
2400-22 owner or lessor performs any of the acts described in the
2401-23 definition of "broker" under Section 1-10 of this Act with
2402-24 reference to property owned or leased by it, or to the
2403-25 regular employees thereof with respect to the property so
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2414-1 owned or leased, where such acts are performed in the
2415-2 regular course of or as an incident to the management,
2416-3 sale, or other disposition of such property and the
2417-4 investment therein, if such regular employees do not
2418-5 perform any of the acts described in the definition of
2419-6 "broker" under Section 1-10 of this Act in connection with
2420-7 a vocation of selling or leasing any real estate or the
2421-8 improvements thereon not so owned or leased.
2422-9 (2) An attorney in fact acting under a duly executed
2423-10 and recorded power of attorney to convey real estate from
2424-11 the owner or lessor or the services rendered by an
2425-12 attorney at law in the performance of the attorney's duty
2426-13 as an attorney at law.
2427-14 (3) Any person acting as receiver, trustee in
2428-15 bankruptcy, administrator, executor, or guardian or while
2429-16 acting under a court order or under the authority of a will
2430-17 or testamentary trust.
2431-18 (4) Any person acting as a resident manager for the
2432-19 owner or any employee acting as the resident manager for a
2433-20 broker managing an apartment building, duplex, or
2434-21 apartment complex, when the resident manager resides on
2435-22 the premises, the premises is the his or her primary
2436-23 residence of the resident manager, and the resident
2437-24 manager is engaged in the leasing of that the property of
2438-25 which he or she is the resident manager.
2439-26 (5) Any officer or employee of a federal agency in the
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2450-1 conduct of official duties.
2451-2 (6) Any officer or employee of the State government or
2452-3 any political subdivision thereof performing official
2453-4 duties.
2454-5 (7) Any multiple listing service or other similar
2455-6 information exchange that is engaged in the collection and
2456-7 dissemination of information concerning real estate
2457-8 available for sale, purchase, lease, or exchange for the
2458-9 purpose of providing licensees with a system by which
2459-10 licensees may cooperatively share information along with
2460-11 which no other licensed activities, as defined in Section
2461-12 1-10 of this Act, are provided.
2462-13 (8) Railroads and other public utilities regulated by
2463-14 the State of Illinois, or the officers or full-time
2464-15 employees thereof, unless the performance of any licensed
2465-16 activities is in connection with the sale, purchase,
2466-17 lease, or other disposition of real estate or investment
2467-18 therein that does not require the approval of the
2468-19 appropriate State regulatory authority.
2469-20 (9) Any medium of advertising in the routine course of
2470-21 selling or publishing advertising along with which no
2471-22 other licensed activities, as defined in Section 1-10 of
2472-23 this Act, are provided.
2473-24 (10) Any resident lessee of a residential dwelling
2474-25 unit who refers for compensation to the owner of the
2475-26 dwelling unit, or to the owner's agent, prospective
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2486-1 lessees of dwelling units in the same building or complex
2487-2 as the resident lessee's unit, but only if the resident
2488-3 lessee (i) refers no more than 3 prospective lessees in
2489-4 any 12-month period, (ii) receives compensation of no more
2490-5 than $5,000 or the equivalent of 2 months' rent, whichever
2491-6 is less, in any 12-month period, and (iii) limits his or
2492-7 her activities to referring prospective lessees to the
2493-8 owner, or the owner's agent, and does not show a
2494-9 residential dwelling unit to a prospective lessee, discuss
2495-10 terms or conditions of leasing a dwelling unit with a
2496-11 prospective lessee, or otherwise participate in the
2497-12 negotiation of the leasing of a dwelling unit.
2498-13 (11) The purchase, sale, or transfer of a timeshare or
2499-14 similar vacation item or interest, vacation club
2500-15 membership, or other activity formerly regulated under the
2501-16 Real Estate Timeshare Act of 1999 (repealed).
2502-17 (12) (Blank).
2503-18 (13) Any person who is licensed without examination
2504-19 under Section 10-25 (now repealed) of the Auction License
2505-20 Act is exempt from holding a managing broker's or broker's
2506-21 license under this Act for the limited purpose of selling
2507-22 or leasing real estate at auction, so long as:
2508-23 (A) that person has made application for said
2509-24 exemption by July 1, 2000;
2510-25 (B) that person verifies to the Department that
2511-26 the person he or she has sold real estate at auction
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2522-1 for a period of 5 years prior to licensure as an
2523-2 auctioneer;
2524-3 (C) the person has had no lapse in the licensure
2525-4 his or her license as an auctioneer; and
2526-5 (D) the license issued under the Auction License
2527-6 Act has not been disciplined for violation of those
2528-7 provisions of Article 20 of the Auction License Act
2529-8 dealing with or related to the sale or lease of real
2530-9 estate at auction.
2531-10 (14) A person who holds a valid license under the
2532-11 Auction License Act and a valid real estate auction
2533-12 certification and conducts auctions for the sale of real
2534-13 estate under Section 5-32 of this Act.
2535-14 (15) A hotel operator who is registered with the
2536-15 Illinois Department of Revenue and pays taxes under the
2537-16 Hotel Operators' Occupation Tax Act and rents a room or
2538-17 rooms in a hotel as defined in the Hotel Operators'
2539-18 Occupation Tax Act for a period of not more than 30
2540-19 consecutive days and not more than 60 days in a calendar
2541-20 year or a person who participates in an online marketplace
2542-21 enabling persons to rent out all or part of the person's
2543-22 owned residence.
2544-23 (16) Notwithstanding any provisions to the contrary,
2545-24 the Department and its employees shall be exempt from
2546-25 education, course provider, instructor, and course license
2547-26 requirements and fees while acting in an official capacity
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2558-1 on behalf of the Department. Courses offered by the
2559-2 Department shall be eligible for continuing education
2560-3 credit.
2561-4 (Source: P.A. 100-534, eff. 9-22-17; 100-831, eff. 1-1-19;
2562-5 101-357, eff. 8-9-19.)
2563-6 (225 ILCS 454/5-29)
2564-7 (Section scheduled to be repealed on January 1, 2030)
2565-8 Sec. 5-29. Temporary practice as a designated managing
2566-9 broker. Upon the loss of a designated managing broker who is
2567-10 not replaced by the sponsoring broker or in the event of the
2568-11 death or adjudicated disability of a self-sponsored managing
2569-12 broker the sole proprietor of an office, a written request for
2570-13 authorization allowing the continued operation of the office
2571-14 may be submitted to the Department within 15 days of the loss.
2572-15 The Department may issue a written authorization allowing the
2573-16 continued operation, provided that a licensed managing broker
2574-17 or, in the case of the death or adjudicated disability of a
2575-18 self-sponsored managing broker sole proprietor, the
2576-19 representative of the estate, assumes responsibility, in
2577-20 writing, for the operation of the office and agrees to
2578-21 personally supervise the operation of the office. No such
2579-22 written authorization shall be valid for more than 60 days
2580-23 unless extended by the Department for good cause shown and
2581-24 upon written request by the broker or representative.
2582-25 (Source: P.A. 101-357, eff. 8-9-19.)
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2593-1 (225 ILCS 454/5-50)
2594-2 (Section scheduled to be repealed on January 1, 2030)
2595-3 Sec. 5-50. Expiration and renewal of managing broker,
2596-4 broker, or residential leasing agent license; sponsoring
2597-5 broker; register of licensees.
2598-6 (a) The expiration date and renewal period for each
2599-7 license issued under this Act shall be set by rule. Except as
2600-8 otherwise provided in this Section, the holder of a license
2601-9 may renew the license within 90 days preceding the expiration
2602-10 date thereof by completing the continuing education required
2603-11 by this Act and paying the fees specified by rule.
2604-12 (b) An individual whose first license is that of a broker
2605-13 received on or after the effective date of this amendatory Act
2606-14 of the 101st General Assembly, must provide evidence of having
2607-15 completed 45 hours of post-license education presented in a
2608-16 classroom or a live, interactive webinar, or online distance
2609-17 education course, and which shall require passage of a final
2610-18 examination.
2611-19 The Board may recommend, and the Department shall approve,
2612-20 45 hours of post-license education, consisting of three
2613-21 15-hour post-license courses, one each that covers applied
2614-22 brokerage principles, risk management/discipline, and
2615-23 transactional issues. Each of the courses shall require its
2616-24 own 50-question final examination, which shall be administered
2617-25 by the education provider that delivers the course.
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2628-1 Individuals whose first license is that of a broker
2629-2 received on or after the effective date of this amendatory Act
2630-3 of the 101st General Assembly, must complete all three 15-hour
2631-4 courses and successfully pass a course final examination for
2632-5 each course prior to the date of the next broker renewal
2633-6 deadline, except for those individuals who receive their first
2634-7 license within the 180 days preceding the next broker renewal
2635-8 deadline, who must complete all three 15-hour courses and
2636-9 successfully pass a course final examination for each course
2637-10 prior to the second broker renewal deadline that follows the
2638-11 receipt of their license.
2639-12 (c) Any managing broker, broker, or residential leasing
2640-13 agent whose license under this Act has expired shall be
2641-14 eligible to renew the license during the 2-year period
2642-15 following the expiration date, provided the managing broker,
2643-16 broker, or residential leasing agent pays the fees as
2644-17 prescribed by rule and completes continuing education and
2645-18 other requirements provided for by the Act or by rule. A
2646-19 managing broker, broker, or residential leasing agent whose
2647-20 license has been expired for more than 2 years but less than 5
2648-21 years may have it restored by (i) applying to the Department,
2649-22 (ii) paying the required fee, (iii) completing the continuing
2650-23 education requirements for the most recent term of licensure
2651-24 that ended prior to the date of the application for
2652-25 reinstatement, and (iv) filing acceptable proof of fitness to
2653-26 have the license restored, as set by rule. A managing broker,
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2664-1 broker, or residential leasing agent whose license has been
2665-2 expired for more than 5 years shall be required to meet the
2666-3 requirements for a new license.
2667-4 (d) Notwithstanding any other provisions of this Act to
2668-5 the contrary, any managing broker, broker, or residential
2669-6 leasing agent whose license expired while the licensee was (i)
2670-7 on active duty with the Armed Forces of the United States or
2671-8 called into service or training by the state militia, (ii)
2672-9 engaged in training or education under the supervision of the
2673-10 United States preliminary to induction into military service,
2674-11 or (iii) serving as the Coordinator of Real Estate in the State
2675-12 of Illinois or as an employee of the Department may have the
2676-13 license renewed, reinstated or restored without paying any
2677-14 lapsed renewal fees, and without completing the continuing
2678-15 education requirements for that licensure period if within 2
2679-16 years after the termination of the service, training or
2680-17 education the licensee furnishes by furnishing the Department
2681-18 with satisfactory evidence of service, training, or education
2682-19 and termination it has been terminated under honorable
2683-20 conditions.
2684-21 (e) Each licensee shall carry on one's person the license
2685-22 or an electronic version thereof.
2686-23 (f) The Department shall provide to the sponsoring broker
2687-24 a notice of renewal for all sponsored licensees by mailing the
2688-25 notice to the sponsoring broker's address of record, or, at
2689-26 the Department's discretion, emailing the notice to the
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2700-1 sponsoring broker's email address of record.
2701-2 (g) Upon request from the sponsoring broker, the
2702-3 Department shall make available to the sponsoring broker, by
2703-4 electronic means at the discretion of the Department, a
2704-5 listing of licensees under this Act who, according to the
2705-6 records of the Department, are sponsored by that broker. Every
2706-7 licensee associated with or employed by a broker whose license
2707-8 is revoked, suspended, or expired shall be considered inactive
2708-9 until such time as the sponsoring broker's license is
2709-10 reinstated or renewed, or a new valid sponsorship is
2710-11 registered with the Department as set forth in subsection (b)
2711-12 of Section 5-40 of this Act.
2712-13 (h) The Department shall not issue or renew a license if
2713-14 the applicant or licensee has an unpaid fine or fee from a
2714-15 disciplinary matter or from a non-disciplinary action imposed
2715-16 by the Department until the fine or fee is paid to the
2716-17 Department or the applicant or licensee has entered into a
2717-18 payment plan and is current on the required payments.
2718-19 (i) The Department shall not issue or renew a license if
2719-20 the applicant or licensee has an unpaid fine or civil penalty
2720-21 imposed by the Department for unlicensed practice until the
2721-22 fine or civil penalty is paid to the Department or the
2722-23 applicant or licensee has entered into a payment plan and is
2723-24 current on the required payments.
2724-25 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
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2735-1 (225 ILCS 454/5-60)
2736-2 (Section scheduled to be repealed on January 1, 2030)
2737-3 Sec. 5-60. Managing broker licensed in another state;
2738-4 broker licensed in another state; reciprocal agreements; agent
2739-5 for service of process.
2740-6 (a) A managing broker's license may be issued by the
2741-7 Department to a managing broker or its equivalent licensed
2742-8 under the laws of another state of the United States, under the
2743-9 following conditions:
2744-10 (1) the managing broker holds a managing broker's
2745-11 license in a state that has entered into a reciprocal
2746-12 agreement with the Department;
2747-13 (2) the standards for that state for licensing as a
2748-14 managing broker are substantially equal to or greater than
2749-15 the minimum standards in the State of Illinois;
2750-16 (3) the managing broker has been actively practicing
2751-17 as a managing broker in the managing broker's state of
2752-18 licensure for a period of not less than 2 years,
2753-19 immediately prior to the date of application;
2754-20 (4) the managing broker furnishes the Department with
2755-21 a statement under seal of the proper licensing authority
2756-22 of the state in which the managing broker is licensed
2757-23 showing that the managing broker has an active managing
2758-24 broker's license, that the managing broker is in good
2759-25 standing, and any disciplinary action taken that no
2760-26 complaints are pending against the managing broker in that
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2771-1 state;
2772-2 (5) the managing broker passes a test on Illinois
2773-3 specific real estate brokerage laws; and
2774-4 (6) the managing broker was licensed by an examination
2775-5 in the state that has entered into a reciprocal agreement
2776-6 with the Department.
2777-7 (b) A broker's license may be issued by the Department to a
2778-8 broker or its equivalent licensed under the laws of another
2779-9 state of the United States, under the following conditions:
2780-10 (1) the broker holds a broker's license in a state
2781-11 that has entered into a reciprocal agreement with the
2782-12 Department;
2783-13 (2) the standards for that state for licensing as a
2784-14 broker are substantially equivalent to or greater than the
2785-15 minimum standards in the State of Illinois;
2786-16 (3) (blank);
2787-17 (4) the broker furnishes the Department with a
2788-18 statement under seal of the proper licensing authority of
2789-19 the state in which the broker is licensed showing that the
2790-20 broker has an active broker's license, that the broker is
2791-21 in good standing, and any disciplinary action taken that
2792-22 no complaints are pending against the broker in that
2793-23 state;
2794-24 (5) the broker passes a test on Illinois specific real
2795-25 estate brokerage laws; and
2796-26 (6) the broker was licensed by an examination in a
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2807-1 state that has entered into a reciprocal agreement with
2808-2 the Department.
2809-3 (c) (Blank).
2810-4 (d) As a condition precedent to the issuance of a license
2811-5 to a managing broker or broker pursuant to this Section, the
2812-6 managing broker or broker shall agree in writing to abide by
2813-7 all the provisions of this Act with respect to his or her real
2814-8 estate activities within the State of Illinois and submit to
2815-9 the jurisdiction of the Department as provided in this Act.
2816-10 The agreement shall be filed with the Department and shall
2817-11 remain in force for so long as the managing broker or broker is
2818-12 licensed by this State and thereafter with respect to acts or
2819-13 omissions committed while licensed as a managing broker or
2820-14 broker in this State.
2821-15 (e) Prior to the issuance of any license to any managing
2822-16 broker or broker pursuant to this Section, verification of
2823-17 active licensure issued for the conduct of such business in
2824-18 any other state must be filed with the Department by the
2825-19 managing broker or broker, and the same fees must be paid as
2826-20 provided in this Act for the obtaining of a managing broker's
2827-21 or broker's license in this State.
2828-22 (f) Licenses previously granted under reciprocal
2829-23 agreements with other states shall remain in force so long as
2830-24 the Department has a reciprocal agreement with the state that
2831-25 includes the requirements of this Section, unless that license
2832-26 is suspended, revoked, or terminated by the Department for any
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2843-1 reason provided for suspension, revocation, or termination of
2844-2 a resident licensee's license. Licenses granted under
2845-3 reciprocal agreements may be renewed in the same manner as a
2846-4 resident's license.
2847-5 (g) Prior to the issuance of a license to a nonresident
2848-6 managing broker or broker, the managing broker or broker shall
2849-7 file with the Department, in a manner prescribed by the
2850-8 Department, a designation in writing that appoints the
2851-9 Secretary to act as his or her agent upon whom all judicial and
2852-10 other process or legal notices directed to the managing broker
2853-11 or broker may be served. Service upon the agent so designated
2854-12 shall be equivalent to personal service upon the licensee.
2855-13 Copies of the appointment, certified by the Secretary, shall
2856-14 be deemed sufficient evidence thereof and shall be admitted in
2857-15 evidence with the same force and effect as the original
2858-16 thereof might be admitted. In the written designation, the
2859-17 managing broker or broker shall agree that any lawful process
2860-18 against the licensee that is served upon the agent shall be of
2861-19 the same legal force and validity as if served upon the
2862-20 licensee and that the authority shall continue in force so
2863-21 long as any liability remains outstanding in this State. Upon
2864-22 the receipt of any process or notice, the Secretary shall
2865-23 forthwith deliver a copy of the same by regular mail or email
2866-24 to the last known business address or email address of the
2867-25 licensee.
2868-26 (h) Any person holding a valid license under this Section
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2879-1 shall be eligible to obtain a managing broker's license or a
2880-2 broker's license without examination should that person change
2881-3 their state of domicile to Illinois and that person otherwise
2882-4 meets the qualifications for licensure under this Act.
2883-5 (Source: P.A. 101-357, eff. 8-9-19.)
2884-6 (225 ILCS 454/5-75)
2885-7 (Section scheduled to be repealed on January 1, 2030)
2886-8 Sec. 5-75. Out-of-state continuing education credit. If a
2887-9 renewal applicant has earned continuing education hours in
2888-10 another state or territory for which the applicant he or she is
2889-11 claiming credit toward full compliance in Illinois, the
2890-12 Department may approve those hours based upon whether the
2891-13 course is one that would be approved under Section 5-70 of this
2892-14 Act, whether the course meets the basic requirements for
2893-15 continuing education under this Act, and any other criteria
2894-16 that are provided by statute or rule.
2895-17 (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
2896-18 (225 ILCS 454/10-25)
2897-19 (Section scheduled to be repealed on January 1, 2030)
2898-20 Sec. 10-25. Expiration of brokerage agreement. No licensee
2899-21 shall obtain any written brokerage agreement that does not
2900-22 either provide for automatic expiration within a definite
2901-23 period of time, and if longer than one year, or provide the
2902-24 client with a right to terminate the agreement annually by
2903-
2904-
2905-
2906-
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2909-
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2912- HB2207 Engrossed - 83 - LRB103 27667 AMQ 54044 b
2913-1 giving no more than 30 days' prior written notice. Any written
2914-2 brokerage agreement not containing such a provision shall be
2915-3 void. When the license of any sponsoring broker is suspended
2916-4 or revoked, any brokerage agreement with the sponsoring broker
2917-5 shall be deemed to expire upon the effective date of the
2918-6 suspension or revocation.
2919-7 (Source: P.A. 98-531, eff. 8-23-13.)
2920-8 (225 ILCS 454/10-30)
2921-9 (Section scheduled to be repealed on January 1, 2030)
2922-10 Sec. 10-30. Advertising.
2923-11 (a) No advertising, whether in print, via the Internet, or
2924-12 through social media, digital forums, or any other media,
2925-13 shall be fraudulent, deceptive, inherently misleading, or
2926-14 proven to be misleading in practice. Advertising shall be
2927-15 considered misleading or untruthful if, when taken as a whole,
2928-16 there is a distinct and reasonable possibility that it will be
2929-17 misunderstood or will deceive the ordinary consumer.
2930-18 Advertising shall contain all information necessary to
2931-19 communicate the information contained therein to the public in
2932-20 an accurate, direct, and readily comprehensible manner. Team
2933-21 names may not contain inherently misleading terms, such as
2934-22 "company", "realty", "real estate", "agency", "associates",
2935-23 "brokers", "properties", or "property".
2936-24 (b) No blind advertisements may be used by any licensee,
2937-25 in any media, except as provided for in this Section.
2938-
2939-
2940-
2941-
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2943- HB2207 Engrossed - 83 - LRB103 27667 AMQ 54044 b
2944-
2945-
2946-HB2207 Engrossed- 84 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 84 - LRB103 27667 AMQ 54044 b
2947- HB2207 Engrossed - 84 - LRB103 27667 AMQ 54044 b
2948-1 (c) A licensee shall disclose, in writing, to all parties
2949-2 in a transaction the licensee's his or her status as a licensee
2950-3 and any and all interest the licensee has or may have in the
2951-4 real estate constituting the subject matter thereof, directly
2952-5 or indirectly, according to the following guidelines:
2953-6 (1) On broker yard signs or in broker advertisements,
2954-7 no disclosure of ownership is necessary. However, the
2955-8 ownership shall be indicated on any property data form
2956-9 accessible to the consumer and disclosed to persons
2957-10 responding to any advertisement or any sign. The term
2958-11 "broker owned" or "agent owned" is sufficient disclosure.
2959-12 (2) A sponsored or inactive licensee selling or
2960-13 leasing property, owned solely by the sponsored or
2961-14 inactive licensee, without utilizing brokerage services of
2962-15 their sponsoring broker or any other licensee, may
2963-16 advertise "By Owner". For purposes of this Section,
2964-17 property is "solely owned" by a sponsored or inactive
2965-18 licensee if the licensee he or she (i) has a 100% ownership
2966-19 interest alone, (ii) has ownership as a joint tenant or
2967-20 tenant by the entirety, or (iii) holds a 100% beneficial
2968-21 interest in a land trust. Sponsored or inactive licensees
2969-22 selling or leasing "By Owner" shall comply with the
2970-23 following if advertising by owner:
2971-24 (A) On "By Owner" yard signs, the sponsored or
2972-25 inactive licensee shall indicate "broker owned" or
2973-26 "agent owned." "By Owner" advertisements used in any
2974-
2975-
2976-
2977-
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2979- HB2207 Engrossed - 84 - LRB103 27667 AMQ 54044 b
2980-
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2982-HB2207 Engrossed- 85 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 85 - LRB103 27667 AMQ 54044 b
2983- HB2207 Engrossed - 85 - LRB103 27667 AMQ 54044 b
2984-1 medium of advertising shall include the term "broker
2985-2 owned" or "agent owned."
2986-3 (B) If a sponsored or inactive licensee runs
2987-4 advertisements, for the purpose of purchasing or
2988-5 leasing real estate, the licensee he or she shall
2989-6 disclose in the advertisements the licensee's his or
2990-7 her status as a licensee.
2991-8 (C) A sponsored or inactive licensee shall not use
2992-9 the sponsoring broker's name or the sponsoring
2993-10 broker's company name in connection with the sale,
2994-11 lease, or advertisement of the property nor utilize
2995-12 the sponsoring broker's or company's name in
2996-13 connection with the sale, lease, or advertising of the
2997-14 property in a manner likely to create confusion among
2998-15 the public as to whether or not the services of a real
2999-16 estate company are being utilized or whether or not a
3000-17 real estate company has an ownership interest in the
3001-18 property.
3002-19 (d) A sponsored licensee may not advertise under the
3003-20 licensee's his or her own name. Advertising in any media shall
3004-21 be under the direct supervision of the sponsoring or
3005-22 designated managing broker and in the sponsoring broker's
3006-23 business name, which in the case of a franchise shall include
3007-24 the franchise affiliation as well as the name of the
3008-25 individual firm. This provision does not apply under the
3009-26 following circumstances:
3010-
3011-
3012-
3013-
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3015- HB2207 Engrossed - 85 - LRB103 27667 AMQ 54044 b
3016-
3017-
3018-HB2207 Engrossed- 86 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 86 - LRB103 27667 AMQ 54044 b
3019- HB2207 Engrossed - 86 - LRB103 27667 AMQ 54044 b
3020-1 (1) When a licensee enters into a brokerage agreement
3021-2 relating to his or her own real estate owned by the
3022-3 licensee, or real estate in which the licensee he or she
3023-4 has an ownership interest, with another licensed broker;
3024-5 or
3025-6 (2) When a licensee is selling or leasing his or her
3026-7 own real estate owned by the licensee or buying or leasing
3027-8 real estate for their own use himself or herself, after
3028-9 providing the appropriate written disclosure of his or her
3029-10 ownership interest as required in paragraph (2) of
3030-11 subsection (c) of this Section.
3031-12 (e) No licensee shall list the licensee's his or her name
3032-13 or otherwise advertise in the licensee's his or her own name to
3033-14 the general public through any medium of advertising as being
3034-15 in the real estate business without listing the his or her
3035-16 sponsoring broker's business name.
3036-17 (f) The sponsoring broker's business name and the name of
3037-18 the licensee must appear in all advertisements, including
3038-19 business cards. In advertising that includes the sponsoring
3039-20 broker's name and a team name or individual broker's name, the
3040-21 sponsoring broker's business name shall be at least equal in
3041-22 size or larger than the team name or that of the individual.
3042-23 (g) Those individuals licensed as a managing broker and
3043-24 designated with the Department as a designated managing broker
3044-25 by their sponsoring broker shall identify themselves to the
3045-26 public in advertising, except on "For Sale" or similar signs,
3046-
3047-
3048-
3049-
3050-
3051- HB2207 Engrossed - 86 - LRB103 27667 AMQ 54044 b
3052-
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3055- HB2207 Engrossed - 87 - LRB103 27667 AMQ 54044 b
3056-1 as a designated managing broker. No other individuals holding
3057-2 a managing broker's license may hold themselves out to the
3058-3 public or other licensees as a designated managing broker, but
3059-4 they may hold themselves out to be a managing broker.
3060-5 (Source: P.A. 101-357, eff. 8-9-19.)
3061-6 (225 ILCS 454/20-20)
3062-7 (Section scheduled to be repealed on January 1, 2030)
3063-8 Sec. 20-20. Nature of and grounds for discipline.
3064-9 (a) The Department may refuse to issue or renew a license,
3065-10 may place on probation, suspend, or revoke any license,
3066-11 reprimand, or take any other disciplinary or non-disciplinary
3067-12 action as the Department may deem proper and impose a fine not
3068-13 to exceed $25,000 for each violation upon any licensee or
3069-14 applicant under this Act or any person who holds oneself out as
3070-15 an applicant or licensee or against a licensee in handling
3071-16 one's own property, whether held by deed, option, or
3072-17 otherwise, for any one or any combination of the following
3073-18 causes:
3074-19 (1) Fraud or misrepresentation in applying for, or
3075-20 procuring, a license under this Act or in connection with
3076-21 applying for renewal of a license under this Act.
3077-22 (2) The licensee's conviction of or plea of guilty or
3078-23 plea of nolo contendere, as set forth in subsection (e) of
3079-24 Section 5-25, to: (A) a felony or misdemeanor in this
3080-25 State or any other jurisdiction; (B) the entry of an
3081-
3082-
3083-
3084-
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3086- HB2207 Engrossed - 87 - LRB103 27667 AMQ 54044 b
3087-
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3089-HB2207 Engrossed- 88 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 88 - LRB103 27667 AMQ 54044 b
3090- HB2207 Engrossed - 88 - LRB103 27667 AMQ 54044 b
3091-1 administrative sanction by a government agency in this
3092-2 State or any other jurisdiction; or (C) any crime that
3093-3 subjects the licensee to compliance with the requirements
3094-4 of the Sex Offender Registration Act.
3095-5 (3) Inability to practice the profession with
3096-6 reasonable judgment, skill, or safety as a result of a
3097-7 physical illness, mental illness, or disability.
3098-8 (4) Practice under this Act as a licensee in a retail
3099-9 sales establishment from an office, desk, or space that is
3100-10 not separated from the main retail business and located
3101-11 within a separate and distinct area within the
3102-12 establishment.
3103-13 (5) Having been disciplined by another state, the
3104-14 District of Columbia, a territory, a foreign nation, or a
3105-15 governmental agency authorized to impose discipline if at
3106-16 least one of the grounds for that discipline is the same as
3107-17 or the equivalent of one of the grounds for which a
3108-18 licensee may be disciplined under this Act. A certified
3109-19 copy of the record of the action by the other state or
3110-20 jurisdiction shall be prima facie evidence thereof.
3111-21 (6) Engaging in the practice of real estate brokerage
3112-22 without a license or after the licensee's license or
3113-23 temporary permit was expired or while the license was
3114-24 inactive, revoked, or suspended.
3115-25 (7) Cheating on or attempting to subvert the Real
3116-26 Estate License Exam or a continuing education course or
3117-
3118-
3119-
3120-
3121-
3122- HB2207 Engrossed - 88 - LRB103 27667 AMQ 54044 b
3123-
3124-
3125-HB2207 Engrossed- 89 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 89 - LRB103 27667 AMQ 54044 b
3126- HB2207 Engrossed - 89 - LRB103 27667 AMQ 54044 b
3127-1 examination.
3128-2 (8) Aiding or abetting an applicant to subvert or
3129-3 cheat on the Real Estate License Exam or continuing
3130-4 education exam administered pursuant to this Act.
3131-5 (9) Advertising that is inaccurate, misleading, or
3132-6 contrary to the provisions of the Act.
3133-7 (10) Making any substantial misrepresentation or
3134-8 untruthful advertising.
3135-9 (11) Making any false promises of a character likely
3136-10 to influence, persuade, or induce.
3137-11 (12) Pursuing a continued and flagrant course of
3138-12 misrepresentation or the making of false promises through
3139-13 licensees, employees, agents, advertising, or otherwise.
3140-14 (13) Any misleading or untruthful advertising, or
3141-15 using any trade name or insignia of membership in any real
3142-16 estate organization of which the licensee is not a member.
3143-17 (14) Acting for more than one party in a transaction
3144-18 without providing written notice to all parties for whom
3145-19 the licensee acts.
3146-20 (15) Representing or attempting to represent, or
3147-21 performing licensed activities for, a broker other than
3148-22 the sponsoring broker.
3149-23 (16) Failure to account for or to remit any moneys or
3150-24 documents coming into the licensee's possession that
3151-25 belong to others.
3152-26 (17) Failure to maintain and deposit in a special
3153-
3154-
3155-
3156-
3157-
3158- HB2207 Engrossed - 89 - LRB103 27667 AMQ 54044 b
3159-
3160-
3161-HB2207 Engrossed- 90 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 90 - LRB103 27667 AMQ 54044 b
3162- HB2207 Engrossed - 90 - LRB103 27667 AMQ 54044 b
3163-1 account, separate and apart from personal and other
3164-2 business accounts, all escrow moneys belonging to others
3165-3 entrusted to a licensee while acting as a broker, escrow
3166-4 agent, or temporary custodian of the funds of others or
3167-5 failure to maintain all escrow moneys on deposit in the
3168-6 account until the transactions are consummated or
3169-7 terminated, except to the extent that the moneys, or any
3170-8 part thereof, shall be:
3171-9 (A) disbursed prior to the consummation or
3172-10 termination (i) in accordance with the written
3173-11 direction of the principals to the transaction or
3174-12 their duly authorized agents, (ii) in accordance with
3175-13 directions providing for the release, payment, or
3176-14 distribution of escrow moneys contained in any written
3177-15 contract signed by the principals to the transaction
3178-16 or their duly authorized agents, or (iii) pursuant to
3179-17 an order of a court of competent jurisdiction; or
3180-18 (B) deemed abandoned and transferred to the Office
3181-19 of the State Treasurer to be handled as unclaimed
3182-20 property pursuant to the Revised Uniform Unclaimed
3183-21 Property Act. Escrow moneys may be deemed abandoned
3184-22 under this subparagraph (B) only: (i) in the absence
3185-23 of disbursement under subparagraph (A); (ii) in the
3186-24 absence of notice of the filing of any claim in a court
3187-25 of competent jurisdiction; and (iii) if 6 months have
3188-26 elapsed after the receipt of a written demand for the
3189-
3190-
3191-
3192-
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3194- HB2207 Engrossed - 90 - LRB103 27667 AMQ 54044 b
3195-
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3197-HB2207 Engrossed- 91 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 91 - LRB103 27667 AMQ 54044 b
3198- HB2207 Engrossed - 91 - LRB103 27667 AMQ 54044 b
3199-1 escrow moneys from one of the principals to the
3200-2 transaction or the principal's duly authorized agent.
3201-3 The account shall be noninterest bearing, unless the
3202-4 character of the deposit is such that payment of interest
3203-5 thereon is otherwise required by law or unless the
3204-6 principals to the transaction specifically require, in
3205-7 writing, that the deposit be placed in an interest-bearing
3206-8 account.
3207-9 (18) Failure to make available to the Department all
3208-10 escrow records and related documents maintained in
3209-11 connection with the practice of real estate within 24
3210-12 hours of a request for those documents by Department
3211-13 personnel.
3212-14 (19) Failing to furnish copies upon request of
3213-15 documents relating to a real estate transaction to a party
3214-16 who has executed that document.
3215-17 (20) Failure of a sponsoring broker or licensee to
3216-18 timely provide sponsorship or termination of sponsorship
3217-19 information to the Department.
3218-20 (21) Engaging in dishonorable, unethical, or
3219-21 unprofessional conduct of a character likely to deceive,
3220-22 defraud, or harm the public, including, but not limited
3221-23 to, conduct set forth in rules adopted by the Department.
3222-24 (22) Commingling the money or property of others with
3223-25 the licensee's own money or property.
3224-26 (23) Employing any person on a purely temporary or
3225-
3226-
3227-
3228-
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3230- HB2207 Engrossed - 91 - LRB103 27667 AMQ 54044 b
3231-
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3234- HB2207 Engrossed - 92 - LRB103 27667 AMQ 54044 b
3235-1 single deal basis as a means of evading the law regarding
3236-2 payment of commission to nonlicensees on some contemplated
3237-3 transactions.
3238-4 (24) Permitting the use of one's license as a broker
3239-5 to enable a residential leasing agent or unlicensed person
3240-6 to operate a real estate business without actual
3241-7 participation therein and control thereof by the broker.
3242-8 (25) Any other conduct, whether of the same or a
3243-9 different character from that specified in this Section,
3244-10 that constitutes dishonest dealing.
3245-11 (26) Displaying a "for rent" or "for sale" sign on any
3246-12 property without the written consent of an owner or the
3247-13 owner's duly authorized agent or advertising by any means
3248-14 that any property is for sale or for rent without the
3249-15 written consent of the owner or the owner's authorized
3250-16 agent.
3251-17 (27) Failing to provide information requested by the
3252-18 Department, or otherwise respond to that request, within
3253-19 30 days of the request.
3254-20 (28) Advertising by means of a blind advertisement,
3255-21 except as otherwise permitted in Section 10-30 of this
3256-22 Act.
3257-23 (29) A licensee under this Act or an unlicensed
3258-24 individual offering guaranteed sales plans, as defined in
3259-25 Section 10-50, except to the extent set forth in Section
3260-26 10-50.
3261-
3262-
3263-
3264-
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3266- HB2207 Engrossed - 92 - LRB103 27667 AMQ 54044 b
3267-
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3270- HB2207 Engrossed - 93 - LRB103 27667 AMQ 54044 b
3271-1 (30) Influencing or attempting to influence, by any
3272-2 words or acts, a prospective seller, purchaser, occupant,
3273-3 landlord, or tenant of real estate, in connection with
3274-4 viewing, buying, or leasing real estate, so as to promote
3275-5 or tend to promote the continuance or maintenance of
3276-6 racially and religiously segregated housing or so as to
3277-7 retard, obstruct, or discourage racially integrated
3278-8 housing on or in any street, block, neighborhood, or
3279-9 community.
3280-10 (31) Engaging in any act that constitutes a violation
3281-11 of any provision of Article 3 of the Illinois Human Rights
3282-12 Act, whether or not a complaint has been filed with or
3283-13 adjudicated by the Human Rights Commission.
3284-14 (32) Inducing any party to a contract of sale or lease
3285-15 or brokerage agreement to break the contract of sale or
3286-16 lease or brokerage agreement for the purpose of
3287-17 substituting, in lieu thereof, a new contract for sale or
3288-18 lease or brokerage agreement with a third party.
3289-19 (33) Negotiating a sale, exchange, or lease of real
3290-20 estate directly with any person if the licensee knows that
3291-21 the person has an exclusive brokerage agreement with
3292-22 another broker, unless specifically authorized by that
3293-23 broker.
3294-24 (34) When a licensee is also an attorney, acting as
3295-25 the attorney for either the buyer or the seller in the same
3296-26 transaction in which the licensee is acting or has acted
3297-
3298-
3299-
3300-
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3303-
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3306- HB2207 Engrossed - 94 - LRB103 27667 AMQ 54044 b
3307-1 as a managing broker or broker.
3308-2 (35) Advertising or offering merchandise or services
3309-3 as free if any conditions or obligations necessary for
3310-4 receiving the merchandise or services are not disclosed in
3311-5 the same advertisement or offer. These conditions or
3312-6 obligations include without limitation the requirement
3313-7 that the recipient attend a promotional activity or visit
3314-8 a real estate site. As used in this subdivision (35),
3315-9 "free" includes terms such as "award", "prize", "no
3316-10 charge", "free of charge", "without charge", and similar
3317-11 words or phrases that reasonably lead a person to believe
3318-12 that one may receive or has been selected to receive
3319-13 something of value, without any conditions or obligations
3320-14 on the part of the recipient.
3321-15 (36) (Blank).
3322-16 (37) Violating the terms of any a disciplinary order
3323-17 issued by the Department.
3324-18 (38) Paying or failing to disclose compensation in
3325-19 violation of Article 10 of this Act.
3326-20 (39) Requiring a party to a transaction who is not a
3327-21 client of the licensee to allow the licensee to retain a
3328-22 portion of the escrow moneys for payment of the licensee's
3329-23 commission or expenses as a condition for release of the
3330-24 escrow moneys to that party.
3331-25 (40) Disregarding or violating any provision of this
3332-26 Act or the published rules adopted by the Department to
3333-
3334-
3335-
3336-
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3340-
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3342- HB2207 Engrossed - 95 - LRB103 27667 AMQ 54044 b
3343-1 enforce this Act or aiding or abetting any individual,
3344-2 foreign or domestic partnership, registered limited
3345-3 liability partnership, limited liability company,
3346-4 corporation, or other business entity in disregarding any
3347-5 provision of this Act or the published rules adopted by
3348-6 the Department to enforce this Act.
3349-7 (41) Failing to provide the minimum services required
3350-8 by Section 15-75 of this Act when acting under an
3351-9 exclusive brokerage agreement.
3352-10 (42) Habitual or excessive use of or addiction to
3353-11 alcohol, narcotics, stimulants, or any other chemical
3354-12 agent or drug that results in a managing broker, broker,
3355-13 or residential leasing agent's inability to practice with
3356-14 reasonable skill or safety.
3357-15 (43) Enabling, aiding, or abetting an auctioneer, as
3358-16 defined in the Auction License Act, to conduct a real
3359-17 estate auction in a manner that is in violation of this
3360-18 Act.
3361-19 (44) Permitting any residential leasing agent or
3362-20 temporary residential leasing agent permit holder to
3363-21 engage in activities that require a broker's or managing
3364-22 broker's license.
3365-23 (45) Failing to notify the Department, within 30 days
3366-24 after the occurrence, of the information required in
3367-25 subsection (e) of Section 5-25.
3368-26 (46) A designated managing broker's failure to provide
3369-
3370-
3371-
3372-
3373-
3374- HB2207 Engrossed - 95 - LRB103 27667 AMQ 54044 b
3375-
3376-
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3378- HB2207 Engrossed - 96 - LRB103 27667 AMQ 54044 b
3379-1 an appropriate written company policy or failure to
3380-2 perform any of the duties set forth in Section 10-55.
3381-3 (47) Filing liens or recording written instruments in
3382-4 any county in the State on noncommercial, residential real
3383-5 property that relate to a broker's compensation for
3384-6 licensed activity under the Act.
3385-7 (b) The Department may refuse to issue or renew or may
3386-8 suspend the license of any person who fails to file a return,
3387-9 pay the tax, penalty or interest shown in a filed return, or
3388-10 pay any final assessment of tax, penalty, or interest, as
3389-11 required by any tax Act administered by the Department of
3390-12 Revenue, until such time as the requirements of that tax Act
3391-13 are satisfied in accordance with subsection (g) of Section
3392-14 2105-15 of the Department of Professional Regulation Law of
3393-15 the Civil Administrative Code of Illinois.
3394-16 (c) (Blank).
3395-17 (d) In cases where the Department of Healthcare and Family
3396-18 Services (formerly Department of Public Aid) has previously
3397-19 determined that a licensee or a potential licensee is more
3398-20 than 30 days delinquent in the payment of child support and has
3399-21 subsequently certified the delinquency to the Department may
3400-22 refuse to issue or renew or may revoke or suspend that person's
3401-23 license or may take other disciplinary action against that
3402-24 person based solely upon the certification of delinquency made
3403-25 by the Department of Healthcare and Family Services in
3404-26 accordance with item (5) of subsection (a) of Section 2105-15
3405-
3406-
3407-
3408-
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3414- HB2207 Engrossed - 97 - LRB103 27667 AMQ 54044 b
3415-1 of the Department of Professional Regulation Law of the Civil
3416-2 Administrative Code of Illinois.
3417-3 (e) (Blank).
3418-4 (Source: P.A. 101-81, eff. 7-12-19; 101-357, eff. 8-9-19;
3419-5 102-970, eff. 5-27-22.)
3420-6 (225 ILCS 454/20-20.1)
3421-7 (Section scheduled to be repealed on January 1, 2030)
3422-8 Sec. 20-20.1. Citations.
3423-9 (a) The Department may adopt rules to permit the issuance
3424-10 of citations to any licensee for failure to comply with the
3425-11 continuing education and post-license education requirements
3426-12 set forth in this Act or as adopted by rule. The citation shall
3427-13 be issued to the licensee, and a copy shall be sent to the
3428-14 licensee's designated managing broker and sponsoring broker.
3429-15 The citation shall contain the licensee's name and address,
3430-16 the licensee's license number, the number of required hours of
3431-17 continuing education or post-license education that have not
3432-18 been successfully completed by the licensee's renewal
3433-19 deadline, and the penalty imposed, which shall not exceed
3434-20 $2,000. The issuance of any such citation shall not excuse the
3435-21 licensee from completing all continuing education or
3436-22 post-license education required for that term of licensure.
3437-23 (b) Service of a citation shall be made by in person,
3438-24 electronically, or by mail to the licensee at the licensee's
3439-25 address of record or email address of record, and must clearly
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3450-1 state that if the cited licensee wishes to dispute the
3451-2 citation, the cited licensee may make a written request,
3452-3 within 30 days after the citation is served, for a hearing
3453-4 before the Department. If the cited licensee does not request
3454-5 a hearing within 30 days after the citation is served, then the
3455-6 citation shall become a final, non-disciplinary order, and any
3456-7 fine imposed is due and payable within 60 days after that final
3457-8 order. If the cited licensee requests a hearing within 30 days
3458-9 after the citation is served, the Department shall afford the
3459-10 cited licensee a hearing conducted in the same manner as a
3460-11 hearing provided for in this Act for any violation of this Act
3461-12 and shall determine whether the cited licensee committed the
3462-13 violation as charged and whether the fine as levied is
3463-14 warranted. If the violation is found, any fine shall
3464-15 constitute non-public discipline and be due and payable within
3465-16 30 days after the order of the Secretary, which shall
3466-17 constitute a final order of the Department. No change in
3467-18 license status may be made by the Department until such time as
3468-19 a final order of the Department has been issued.
3469-20 (c) Payment of a fine that has been assessed pursuant to
3470-21 this Section shall not constitute disciplinary action
3471-22 reportable on the Department's website or elsewhere unless a
3472-23 licensee has previously received 2 or more citations and has
3473-24 been assessed 2 or more fines.
3474-25 (d) Nothing in this Section shall prohibit or limit the
3475-26 Department from taking further action pursuant to this Act and
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3486-1 rules for additional, repeated, or continuing violations.
3487-2 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
3488-3 (225 ILCS 454/20-21.1 new)
3489-4 Sec. 20-21.1. Injunctions; cease and desist order.
3490-5 (a) If any person violates the provisions of this Act, the
3491-6 Secretary may, in the name of the People of the State of
3492-7 Illinois, through the Attorney General or the State's Attorney
3493-8 for any county in which the action is brought, petition for an
3494-9 order enjoining the violation or for an order enforcing
3495-10 compliance with this Act. Upon the filing of a verified
3496-11 petition in court, the court may issue a temporary restraining
3497-12 order, without notice or condition, and may preliminarily and
3498-13 permanently enjoin the violation. If it is established that
3499-14 the person has violated or is violating the injunction, the
3500-15 Court may punish the offender for contempt of court.
3501-16 Proceedings under this Section shall be in addition to, and
3502-17 not in lieu of, all other remedies and penalties provided by
3503-18 this Act.
3504-19 (b) If, in the opinion of the Department, a person
3505-20 violates a provision of this Act, the Department may issue a
3506-21 ruling to show cause why an order to cease and desist should
3507-22 not be entered against that person. The rule shall clearly set
3508-23 forth the grounds relied upon by the Department and shall
3509-24 allow at least 7 days from the date of the rule to file an
3510-25 answer to the satisfaction of the Department. Failure to
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3521-1 answer to the satisfaction of the Department shall cause an
3522-2 order to cease and desist to be issued immediately.
3523-3 (c) Other than as provided in Section 5-20 of this Act, if
3524-4 any person practices as a managing broker, broker, or
3525-5 residential leasing agent or holds themselves out as a
3526-6 licensed sponsoring broker, managing broker, broker, or
3527-7 residential leasing agent under this Act without being issued
3528-8 a valid active license by the Department, then any licensed
3529-9 sponsoring broker, managing broker, broker, residential
3530-10 leasing agent, any interested party, or any person injured
3531-11 thereby may, in addition to the Secretary, petition for relief
3532-12 as provided in subsection (a).
3533-13 (225 ILCS 454/20-22)
3534-14 (Section scheduled to be repealed on January 1, 2030)
3535-15 Sec. 20-22. Violations. Any person who is found working or
3536-16 acting as a managing broker, broker, or residential leasing
3537-17 agent or holding oneself himself or herself out as a licensed
3538-18 sponsoring broker, managing broker, broker, or residential
3539-19 leasing agent without being issued a valid active license is
3540-20 guilty of a Class A misdemeanor and, on conviction of a second
3541-21 or subsequent offense, the violator shall be guilty of a Class
3542-22 4 felony.
3543-23 (Source: P.A. 101-357, eff. 8-9-19.)
3544-24 (225 ILCS 454/20-23)
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3555-1 (Section scheduled to be repealed on January 1, 2030)
3556-2 Sec. 20-23. Confidentiality. All information collected by
3557-3 the Department in the course of an examination or
3558-4 investigation of a licensee or applicant, including, but not
3559-5 limited to, any complaint against a licensee, applicant, or
3560-6 any person who holds oneself himself or herself out as a
3561-7 licensee or applicant that is filed with the Department and
3562-8 information collected to investigate any such complaint, shall
3563-9 be maintained for the confidential use of the Department and
3564-10 shall not be disclosed. The Department may not disclose the
3565-11 information to anyone other than law enforcement officials,
3566-12 regulatory agencies that have an appropriate regulatory
3567-13 interest as determined by the Secretary, or a party presenting
3568-14 a lawful subpoena to the Department. Information and documents
3569-15 disclosed to a federal, State, county, or local law
3570-16 enforcement agency shall not be disclosed by the agency for
3571-17 any purpose to any other agency or person. A formal complaint
3572-18 filed against a licensee by the Department or any order issued
3573-19 by the Department against a licensee or applicant shall be a
3574-20 public record, except as otherwise prohibited by law.
3575-21 (Source: P.A. 98-553, eff. 1-1-14.)
3576-22 (225 ILCS 454/20-25)
3577-23 (Section scheduled to be repealed on January 1, 2030)
3578-24 Sec. 20-25. Returned checks and dishonored credit card
3579-25 charges; fees. Any person who (1) delivers a check or other
3580-
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3590-1 payment to the Department that is returned to the Department
3591-2 unpaid by the financial institution upon which it is drawn
3592-3 shall pay to the Department; or (2) presents a credit or debit
3593-4 card for payment that is invalid or expired or against which
3594-5 charges by the Department are declined or dishonored, in
3595-6 addition to the amount already owed to the Department, a fee of
3596-7 $50. The Department shall notify the person that payment of
3597-8 fees and fines shall be paid to the Department by certified
3598-9 check or money order within 30 calendar days of the
3599-10 notification. If, after the expiration of 30 days from the
3600-11 date of the notification, the person has failed to submit the
3601-12 necessary remittance, the Department shall automatically
3602-13 revoke the license or deny the application, without hearing.
3603-14 If, after revocation or denial, the person seeks a license,
3604-15 the person he or she shall apply to the Department for
3605-16 restoration or issuance of the license and pay all fees and
3606-17 fines due to the Department. The Department may establish a
3607-18 fee for the processing of an application for restoration of a
3608-19 license to pay all expenses of processing this application.
3609-20 The Secretary may waive the fees due under this Section in
3610-21 individual cases where the Secretary finds that the fees would
3611-22 be unreasonable or unnecessarily burdensome.
3612-23 (Source: P.A. 101-357, eff. 8-9-19.)
3613-24 (225 ILCS 454/20-60)
3614-25 (Section scheduled to be repealed on January 1, 2030)
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3625-1 Sec. 20-60. Investigations notice and hearing. The
3626-2 Department may investigate the actions of any applicant or of
3627-3 any person who is an applicant or person or persons rendering
3628-4 or offering to render services for which a license is required
3629-5 by this Act or any person holding or claiming to hold a license
3630-6 under this Act and may notify the his or her designated
3631-7 managing broker and sponsoring broker of the pending
3632-8 investigation. The Department shall, before revoking,
3633-9 suspending, placing on probation, reprimanding, or taking any
3634-10 other disciplinary action under Article 20 of this Act, at
3635-11 least 30 days before the date set for the hearing, (i) notify
3636-12 the person charged accused and the his or her designated
3637-13 managing broker and sponsoring broker in writing of the
3638-14 charges made and the time and place for the hearing on the
3639-15 charges and whether the licensee's license has been
3640-16 temporarily suspended pursuant to Section 20-65, (ii) direct
3641-17 the person accused to file a written answer to the charges with
3642-18 the Board under oath within 20 days after the service on him or
3643-19 her of the notice, and (iii) inform the person accused that
3644-20 failure if he or she fails to answer will result in a , default
3645-21 will be taken against him or her or that the person's his or
3646-22 her license may be suspended, revoked, placed on probationary
3647-23 status, or other disciplinary action taken with regard to the
3648-24 license, including limiting the scope, nature, or extent of
3649-25 the ability to his or her practice, as the Department may
3650-26 consider proper. At the time and place fixed in the notice, the
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3661-1 Board shall proceed to hear the charges and the parties or
3662-2 their counsel shall be accorded ample opportunity to present
3663-3 any pertinent statements, testimony, evidence, and arguments.
3664-4 The Board may continue the hearing from time to time. In case
3665-5 the person, after receiving the notice, fails to file an
3666-6 answer, the person's his or her license may, in the discretion
3667-7 of the Department, be suspended, revoked, placed on
3668-8 probationary status, or the Department may take whatever
3669-9 disciplinary action considered proper, including limiting the
3670-10 scope, nature, or extent of the person's practice or the
3671-11 imposition of a fine, without a hearing, if the act or acts
3672-12 charged constitute sufficient grounds for that action under
3673-13 this Act. The notice may be served by personal delivery, by
3674-14 mail, or, at the discretion of the Department, by electronic
3675-15 means as adopted by rule to the address or email address of
3676-16 record specified by the accused in his or her last
3677-17 notification with the Department and shall include notice to
3678-18 the designated managing broker and sponsoring broker. A copy
3679-19 of the Department's final disciplinary order shall be
3680-20 delivered to the designated managing broker and sponsoring
3681-21 broker.
3682-22 (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
3683-23 (225 ILCS 454/20-69)
3684-24 (Section scheduled to be repealed on January 1, 2030)
3685-25 Sec. 20-69. Restoration of a suspended or revoked license.
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3696-1 At any time after the successful completion of a term of
3697-2 suspension, or revocation, or probation of a an individual's
3698-3 license, the Department may restore it to the licensee, upon
3699-4 the written recommendation of the Board, unless after an
3700-5 investigation and a hearing the Board determines that
3701-6 restoration is not in the public interest.
3702-7 (Source: P.A. 102-970, eff. 5-27-22.)
3703-8 (225 ILCS 454/20-72)
3704-9 (Section scheduled to be repealed on January 1, 2030)
3705-10 Sec. 20-72. Secretary; rehearing. If the Secretary
3706-11 believes that substantial justice has not been done in the
3707-12 revocation or suspension of a license, with respect to refusal
3708-13 to issue, restore, or renew a license, or any other discipline
3709-14 of an applicant, licensee, or unlicensed person, then the
3710-15 Secretary he or she may order a rehearing by the same or other
3711-16 examiners.
3712-17 (Source: P.A. 101-357, eff. 8-9-19.)
3713-18 (225 ILCS 454/25-10)
3714-19 (Section scheduled to be repealed on January 1, 2030)
3715-20 Sec. 25-10. Real Estate Administration and Disciplinary
3716-21 Board; duties. There is created the Real Estate Administration
3717-22 and Disciplinary Board. The Board shall be composed of 15
3718-23 persons appointed by the Governor. Members shall be appointed
3719-24 to the Board subject to the following conditions:
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3730-1 (1) All members shall have been residents and citizens
3731-2 of this State for at least 6 years prior to the date of
3732-3 appointment.
3733-4 (2) Twelve members shall have been actively engaged as
3734-5 managing brokers or brokers or both for at least the 10
3735-6 years prior to the appointment, 2 of whom must possess an
3736-7 active pre-license instructor license.
3737-8 (3) Three members of the Board shall be public members
3738-9 who represent consumer interests.
3739-10 None of these members shall be (i) a person who is licensed
3740-11 under this Act or a similar Act of another jurisdiction, (ii)
3741-12 the spouse or immediate family member of a licensee, or (iii) a
3742-13 person who has an ownership interest in a real estate
3743-14 brokerage business.
3744-15 The members' terms shall be for 4 years and until a
4517+6 (16) Engaging in misleading or untruthful advertising
4518+7 or using a trade name or insignia of membership in a real
4519+8 estate appraisal or real estate organization of which the
4520+9 licensee is not a member.
4521+10 (17) Failing to fully cooperate with a Department
4522+11 investigation by knowingly making a false statement,
4523+12 submitting false or misleading information, or refusing to
4524+13 provide complete information in response to written
4525+14 interrogatories or a written request for documentation
4526+15 within 30 days of the request.
4527+16 (18) Failing to include within the certificate of
4528+17 appraisal for all written appraisal reports the
4529+18 appraiser's license number and licensure title. All
4530+19 appraisers providing significant contribution to the
4531+20 development and reporting of an appraisal must be
4532+21 disclosed in the appraisal report. It is a violation of
4533+22 this Act for an appraiser to sign a report, transmittal
4534+23 letter, or appraisal certification knowing that a person
4535+24 providing a significant contribution to the report has not
4536+25 been disclosed in the appraisal report.
4537+26 (19) Violating the terms of a disciplinary order or
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4548+1 consent to administrative supervision order.
4549+2 (20) Habitual or excessive use or addiction to
4550+3 alcohol, narcotics, stimulants, or any other chemical
4551+4 agent or drug that results in a licensee's inability to
4552+5 practice with reasonable judgment, skill, or safety.
4553+6 (21) A physical or mental illness or disability which
4554+7 results in the inability to practice under this Act with
4555+8 reasonable judgment, skill, or safety.
4556+9 (22) Gross negligence in developing an appraisal or in
4557+10 communicating an appraisal or failing to observe one or
4558+11 more of the Uniform Standards of Professional Appraisal
4559+12 Practice.
4560+13 (23) A pattern of practice or other behavior that
4561+14 demonstrates incapacity or incompetence to practice under
4562+15 this Act.
4563+16 (24) Using or attempting to use the seal, certificate,
4564+17 or license of another as one's own; falsely impersonating
4565+18 any duly licensed appraiser; using or attempting to use an
4566+19 inactive, expired, suspended, or revoked license; or
4567+20 aiding or abetting any of the foregoing.
4568+21 (25) Solicitation of professional services by using
4569+22 false, misleading, or deceptive advertising.
4570+23 (26) Making a material misstatement in furnishing
4571+24 information to the Department.
4572+25 (27) Failure to furnish information to the Department
4573+26 upon written request.
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4584+1 (b) The Department may reprimand suspend, revoke, or
4585+2 refuse to issue or renew an education provider's license, may
4586+3 reprimand, place on probation, or otherwise discipline an
4587+4 education provider and may suspend or revoke the course
4588+5 approval of any course offered by an education provider and
4589+6 may impose an administrative fine not to exceed $25,000 upon
4590+7 an education provider, for any of the following:
4591+8 (1) Procuring or attempting to procure licensure by
4592+9 knowingly making a false statement, submitting false
4593+10 information, engaging in any form of fraud or
4594+11 misrepresentation, or refusing to provide complete
4595+12 information in response to a question in an application
4596+13 for licensure.
4597+14 (2) Failing to comply with the covenants certified to
4598+15 on the application for licensure as an education provider.
4599+16 (3) Committing an act or omission involving
4600+17 dishonesty, fraud, or misrepresentation or allowing any
4601+18 such act or omission by any employee or contractor under
4602+19 the control of the provider.
4603+20 (4) Engaging in misleading or untruthful advertising.
4604+21 (5) Failing to retain competent instructors in
4605+22 accordance with rules adopted under this Act.
4606+23 (6) Failing to meet the topic or time requirements for
4607+24 course approval as the provider of a qualifying curriculum
4608+25 course or a continuing education course.
4609+26 (7) Failing to administer an approved course using the
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4620+1 course materials, syllabus, and examinations submitted as
4621+2 the basis of the course approval.
4622+3 (8) Failing to provide an appropriate classroom
4623+4 environment for presentation of courses, with
4624+5 consideration for student comfort, acoustics, lighting,
4625+6 seating, workspace, and visual aid material.
4626+7 (9) Failing to maintain student records in compliance
4627+8 with the rules adopted under this Act.
4628+9 (10) Failing to provide a certificate, transcript, or
4629+10 other student record to the Department or to a student as
4630+11 may be required by rule.
4631+12 (11) Failing to fully cooperate with an investigation
4632+13 by the Department by knowingly making a false statement,
4633+14 submitting false or misleading information, or refusing to
4634+15 provide complete information in response to written
4635+16 interrogatories or a written request for documentation
4636+17 within 30 days of the request.
4637+18 (c) In appropriate cases, the Department may resolve a
4638+19 complaint against a licensee through the issuance of a Consent
4639+20 to Administrative Supervision order. A licensee subject to a
4640+21 Consent to Administrative Supervision order shall be
4641+22 considered by the Department as an active licensee in good
4642+23 standing. This order shall not be reported or considered by
4643+24 the Department to be a discipline of the licensee. The records
4644+25 regarding an investigation and a Consent to Administrative
4645+26 Supervision order shall be considered confidential and shall
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4656+1 not be released by the Department except as mandated by law. A
4657+2 complainant shall be notified if the complaint has been
4658+3 resolved by a Consent to Administrative Supervision order.
4659+4 (Source: P.A. 102-20, eff. 1-1-22.)
4660+5 (225 ILCS 458/15-15)
4661+6 (Section scheduled to be repealed on January 1, 2027)
4662+7 Sec. 15-15. Investigation; notice; hearing.
4663+8 (a) Upon the motion of the Department or the Board or upon
4664+9 a complaint in writing of a person setting forth facts that, if
4665+10 proven, would constitute grounds for suspension, revocation,
4666+11 or other disciplinary action, the Department shall investigate
4667+12 the actions or qualifications of any person who is against a
4668+13 licensee, or applicant for licensure, unlicensed person,
4669+14 person rendering or offering to render appraisal services, or
4670+15 holding or claiming to hold a license under this Act the
4671+16 Department shall investigate the actions of the licensee or
4672+17 applicant. If, upon investigation, the Department believes
4673+18 that there may be cause for suspension, revocation, or other
4674+19 disciplinary action, the Department shall use the services of
4675+20 a State certified general real estate appraiser, a State
4676+21 certified residential real estate appraiser, or the
4677+22 Coordinator to assist in determining whether grounds for
4678+23 disciplinary action exist prior to commencing formal
4679+24 disciplinary proceedings.
4680+25 (b) Formal disciplinary proceedings shall commence upon
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4691+1 the issuance of a written complaint describing the charges
4692+2 that are the basis of the disciplinary action and delivery of
4693+3 the detailed complaint to the address of record of the person
4694+4 charged licensee or applicant. For an associate real estate
4695+5 trainee appraiser, a copy shall also be sent to the licensee's
4696+6 supervising appraiser of record. The Department shall notify
4697+7 the person licensee or applicant to file a verified written
4698+8 answer within 20 days after the service of the notice and
4699+9 complaint. The notification shall inform the person licensee
4700+10 or applicant of the right to be heard in person or by legal
4701+11 counsel; that the hearing will be afforded not sooner than 20
4702+12 days after service of the complaint; that failure to file an
4703+13 answer will result in a default being entered against the
4704+14 person licensee or applicant; that the license may be
4705+15 suspended, revoked, or placed on probationary status; and that
4706+16 other disciplinary action may be taken pursuant to this Act,
4707+17 including limiting the scope, nature, or extent of the
4708+18 licensee's practice. If the person licensee or applicant fails
4709+19 to file an answer after service of notice, the respective
4710+20 license may, at the discretion of the Department, be
4711+21 suspended, revoked, or placed on probationary status and the
4712+22 Department may take whatever disciplinary action it deems
4713+23 proper, including limiting the scope, nature, or extent of the
4714+24 person's practice, without a hearing.
4715+25 (c) At the time and place fixed in the notice, the Board
4716+26 shall conduct hearing of the charges, providing both the
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4727+1 accused person charged and the complainant ample opportunity
4728+2 to present in person or by counsel such statements, testimony,
4729+3 evidence, and argument as may be pertinent to the charges or to
4730+4 a defense thereto.
4731+5 (d) The Board shall present to the Secretary a written
4732+6 report of its findings of fact and recommendations. A copy of
4733+7 the report shall be served upon the person licensee or
4734+8 applicant, either personally, by mail, or, at the discretion
4735+9 of the Department, by electronic means. For associate real
4736+10 estate trainee appraisers, a copy shall also be sent to the
4737+11 licensee's supervising appraiser of record. Within 20 days
4738+12 after the service, the person licensee or applicant may
4739+13 present the Secretary with a motion in writing for a rehearing
4740+14 and shall specify the particular grounds for the request. If
4741+15 the person accused orders a transcript of the record as
4742+16 provided in this Act, the time elapsing thereafter and before
4743+17 the transcript is ready for delivery to the person accused
4744+18 shall not be counted as part of the 20 days. If the Secretary
4745+19 is not satisfied that substantial justice has been done, the
4746+20 Secretary may order a rehearing by the Board or other special
4747+21 committee appointed by the Secretary, may remand the matter to
4748+22 the Board for its reconsideration of the matter based on the
4749+23 pleadings and evidence presented to the Board, or may enter a
4750+24 final order in contravention of the Board's recommendation.
4751+25 Notwithstanding a person's licensee's or applicant's failure
4752+26 to file a motion for rehearing, the Secretary shall have the
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4763+1 right to take any of the actions specified in this subsection
4764+2 (d). Upon the suspension or revocation of a license, the
4765+3 licensee shall be required to surrender the respective license
4766+4 to the Department, and upon failure or refusal to do so, the
4767+5 Department shall have the right to seize the license.
4768+6 (e) The Department has the power to issue subpoenas and
4769+7 subpoenas duces tecum to bring before it any person in this
4770+8 State, to take testimony, or to require production of any
4771+9 records relevant to an inquiry or hearing by the Board in the
4772+10 same manner as prescribed by law in judicial proceedings in
4773+11 the courts of this State. In a case of refusal of a witness to
4774+12 attend, testify, or to produce books or papers concerning a
4775+13 matter upon which the witness might be lawfully examined, the
4776+14 circuit court of the county where the hearing is held, upon
4777+15 application of the Department or any party to the proceeding,
4778+16 may compel obedience by proceedings as for contempt.
4779+17 (f) Any license that is revoked may not be restored for a
4780+18 minimum period of 3 years.
4781+19 (g) In addition to the provisions of this Section
4782+20 concerning the conduct of hearings and the recommendations for
4783+21 discipline, the Department has the authority to negotiate
4784+22 disciplinary and non-disciplinary settlement agreements
4785+23 concerning any license issued under this Act. All such
4786+24 agreements shall be recorded as Consent Orders or Consent to
4787+25 Administrative Supervision Orders.
4788+26 (h) The Secretary shall have the authority to appoint an
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4799+1 attorney duly licensed to practice law in the State of
4800+2 Illinois to serve as the hearing officer in any action to
4801+3 suspend, revoke, or otherwise discipline any license issued by
4802+4 the Department. The Hearing Officer shall have full authority
4803+5 to conduct the hearing.
4804+6 (i) The Department, at its expense, shall preserve a
4805+7 record of all formal hearings of any contested case involving
4806+8 the discipline of a license. At all hearings or pre-hearing
4807+9 conferences, the Department and the licensee shall be entitled
4808+10 to have the proceedings transcribed by a certified shorthand
4809+11 reporter. A copy of the transcribed proceedings shall be made
4810+12 available to the licensee by the certified shorthand reporter
4811+13 upon payment of the prevailing contract copy rate.
4812+14 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
4813+15 (225 ILCS 458/25-10)
4814+16 (Section scheduled to be repealed on January 1, 2027)
4815+17 Sec. 25-10. Real Estate Appraisal Administration and
4816+18 Disciplinary Board; appointment.
4817+19 (a) There is hereby created the Real Estate Appraisal
4818+20 Administration and Disciplinary Board. The Board shall be
4819+21 composed of the Coordinator and 10 persons appointed by the
4820+22 Governor. Members shall be appointed to the Board subject to
4821+23 the following conditions:
4822+24 (1) All appointed members shall have been residents
4823+25 and citizens of this State for at least 5 years prior to
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4834+1 the date of appointment.
4835+2 (2) The appointed membership of the Board should
4836+3 reasonably reflect the geographic distribution of the
4837+4 population of the State.
4838+5 (3) Four appointed members shall have been actively
4839+6 engaged and currently licensed as State certified general
4840+7 real estate appraisers for a period of not less than 5
4841+8 years.
4842+9 (4) Three appointed members shall have been actively
4843+10 engaged and currently licensed as State certified
4844+11 residential real estate appraisers for a period of not
4845+12 less than 5 years.
4846+13 (5) One appointed member shall hold a valid license as
4847+14 a real estate broker for at least 3 years prior to the date
4848+15 of the appointment and shall hold either a valid State
4849+16 certified general real estate appraiser license or a valid
4850+17 State certified residential appraiser license issued under
4851+18 this Act or a predecessor Act for a period of at least 5
4852+19 years prior to the appointment.
4853+20 (6) One appointed member shall be a representative of
4854+21 a financial institution, as evidenced by proof of
4855+22 employment with a financial institution.
4856+23 (7) One appointed member shall represent the interests
4857+24 of the general public. This member or the member's spouse
4858+25 shall not be licensed under this Act nor be employed by or
4859+26 have any financial interest in an appraisal business,
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4870+1 appraisal management company, real estate brokerage
4871+2 business, or a financial institution.
4872+3 In making appointments as provided in paragraphs (3) and
4873+4 (4) of this subsection, the Governor shall give due
4874+5 consideration to recommendations by members and organizations
4875+6 representing the profession.
4876+7 In making the appointments as provided in paragraph (5) of
4877+8 this subsection, the Governor shall give due consideration to
4878+9 the recommendations by members and organizations representing
4879+10 the real estate industry.
4880+11 In making the appointment as provided in paragraph (6) of
4881+12 this subsection, the Governor shall give due consideration to
4882+13 the recommendations by members and organizations representing
4883+14 financial institutions.
4884+15 (b) The members' terms shall be for 4 years or until a
37454885 16 successor is appointed. No member shall be reappointed to the
37464886 17 Board for a term that would cause the member's cumulative
37474887 18 service to the Board to exceed 12 10 years. Appointments to
37484888 19 fill vacancies shall be for the unexpired portion of the term.
3749-20 Those members of the Board that satisfy the requirements of
3750-21 paragraph (2) shall be chosen in a manner such that no area of
3751-22 the State shall be unreasonably represented. In making the
3752-23 appointments, the Governor shall give due consideration to the
3753-24 recommendations by members and organizations of the
3754-25 profession. The Governor may terminate the appointment of any
3755-26 member for cause that in the opinion of the Governor
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3766-1 reasonably justifies the termination. Cause for termination
3767-2 shall include without limitation misconduct, incapacity,
3768-3 neglect of duty, or missing 4 board meetings during any one
3769-4 fiscal year. Each member of the Board may receive a per diem
3770-5 stipend in an amount to be determined by the Secretary. While
3771-6 engaged in the performance of duties, each member shall be
3772-7 reimbursed for necessary expenses. Such compensation and
3773-8 expenses shall be paid out of the Real Estate License
3774-9 Administration Fund. The Secretary shall consider the
3775-10 recommendations of the Board on questions involving standards
3776-11 of professional conduct, discipline, education, and policies
3777-12 and procedures under this Act. With regard to this subject
3778-13 matter, the Secretary may establish temporary or permanent
3779-14 committees of the Board and may consider the recommendations
3780-15 of the Board on matters that include, but are not limited to,
3781-16 criteria for the licensing and renewal of education providers,
3782-17 pre-license and continuing education instructors, pre-license
3783-18 and continuing education curricula, standards of educational
3784-19 criteria, and qualifications for licensure and renewal of
3785-20 professions, courses, and instructors. The Department, after
3786-21 notifying and considering the recommendations of the Board, if
3787-22 any, may issue rules, consistent with the provisions of this
3788-23 Act, for the administration and enforcement thereof and may
3789-24 prescribe forms that shall be used in connection therewith.
3790-25 Eight Board members shall constitute a quorum. A quorum is
3791-26 required for all Board decisions. A vacancy in the membership
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3802-1 of the Board shall not impair the right of a quorum to exercise
3803-2 all of the rights and perform all of the duties of the Board.
3804-3 The Board shall elect annually, at its first meeting of
3805-4 the fiscal year, a vice chairperson who shall preside, with
3806-5 voting privileges, at meetings when the chairperson is not
3807-6 present. Members of the Board shall be immune from suit in an
3808-7 action based upon any disciplinary proceedings or other acts
3809-8 performed in good faith as members of the Board.
3810-9 (Source: P.A. 102-970, eff. 5-27-22.)
3811-10 (225 ILCS 454/25-25)
3812-11 (Section scheduled to be repealed on January 1, 2030)
3813-12 Sec. 25-25. Real Estate Research and Education Fund. A
3814-13 special fund to be known as the Real Estate Research and
3815-14 Education Fund is created and shall be held in trust in the
3816-15 State Treasury. Annually, on September 15th, the State
3817-16 Treasurer shall cause a transfer of $125,000 to the Real
3818-17 Estate Research and Education Fund from the Real Estate
3819-18 License Administration Fund. The Real Estate Research and
3820-19 Education Fund shall be administered by the Department. Money
3821-20 deposited in the Real Estate Research and Education Fund may
3822-21 be used for research and for education at state institutions
3823-22 of higher education or other organizations for research and
3824-23 for education to further the advancement of education in the
3825-24 real estate industry or can be used by the Department for
3826-25 expenses related to the education of licensees. Of the
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3837-1 $125,000 annually transferred into the Real Estate Research
3838-2 and Education Fund, $15,000 shall be used to fund a
3839-3 scholarship program for persons of minority racial origin who
3840-4 wish to pursue a course of study in the field of real estate.
3841-5 For the purposes of this Section, "course of study" means a
3842-6 course or courses that are part of a program of courses in the
3843-7 field of real estate designed to further an individual's
3844-8 knowledge or expertise in the field of real estate. These
3845-9 courses shall include, without limitation, courses that a
3846-10 broker licensed under this Act must complete to qualify for a
3847-11 managing broker's license, courses required to obtain the
3848-12 Graduate Realtors Institute designation, and any other courses
3849-13 or programs offered by accredited colleges, universities, or
3850-14 other institutions of higher education in Illinois. The
3851-15 scholarship program shall be administered by the Department or
3852-16 its designee. Moneys in the Real Estate Research and Education
3853-17 Fund may be invested and reinvested in the same manner as funds
3854-18 in the Real Estate Recovery Fund and all earnings, interest,
3855-19 and dividends received from such investments shall be
3856-20 deposited in the Real Estate Research and Education Fund and
3857-21 may be used for the same purposes as moneys transferred to the
3858-22 Real Estate Research and Education Fund. Moneys in the Real
3859-23 Estate Research and Education Fund may be transferred to the
3860-24 Professions Indirect Cost Fund as authorized under Section
3861-25 2105-300 of the Department of Professional Regulation Law of
3862-26 the Civil Administrative Code of Illinois.
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3873-1 (Source: P.A. 101-357, eff. 8-9-19.)
3874-2 (225 ILCS 454/25-21 rep.)
3875-3 Section 25. The Real Estate License Act of 2000 is amended
3876-4 by repealing Section 25-21.
3877-5 Section 30. The Real Estate Appraiser Licensing Act of
3878-6 2002 is amended by changing Sections 1-10, 5-25, 10-5, 10-10,
3879-7 15-10, 15-15, and 25-10 as follows:
3880-8 (225 ILCS 458/1-10)
3881-9 (Section scheduled to be repealed on January 1, 2027)
3882-10 Sec. 1-10. Definitions. As used in this Act, unless the
3883-11 context otherwise requires:
3884-12 "Accredited college or university, junior college, or
3885-13 community college" means a college or university, junior
3886-14 college, or community college that is approved or accredited
3887-15 by the Board of Higher Education, a regional or national
3888-16 accreditation association, or by an accrediting agency that is
3889-17 recognized by the U.S. Secretary of Education.
3890-18 "Address of record" means the designated street address,
3891-19 which may not be a post office box, recorded by the Department
3892-20 in the applicant's or licensee's application file or license
3893-21 file as maintained by the Department.
3894-22 "Applicant" means a person who applies to the Department
3895-23 for a license under this Act.
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3906-1 "Appraisal" means (noun) the act or process of developing
3907-2 an opinion of value; an opinion of value (adjective) of or
3908-3 pertaining to appraising and related functions, such as
3909-4 appraisal practice or appraisal services.
3910-5 "Appraisal assignment" means a valuation service provided
3911-6 pursuant to an agreement between an appraiser and a client.
3912-7 "Appraisal firm" means an appraisal entity that is 100%
3913-8 owned and controlled by a person or persons licensed in
3914-9 Illinois as a certified general real estate appraiser or a
3915-10 certified residential real estate appraiser. "Appraisal firm"
3916-11 does not include an appraisal management company.
3917-12 "Appraisal management company" means any corporation,
3918-13 limited liability company, partnership, sole proprietorship,
3919-14 subsidiary, unit, or other business entity that directly or
3920-15 indirectly: (1) provides appraisal management services to
3921-16 creditors or secondary mortgage market participants, including
3922-17 affiliates; (2) provides appraisal management services in
3923-18 connection with valuing the consumer's principal dwelling as
3924-19 security for a consumer credit transaction (including consumer
3925-20 credit transactions incorporated into securitizations); and
3926-21 (3) any appraisal management company that, within a given
3927-22 12-month period, oversees an appraiser panel of 16 or more
3928-23 State-certified appraisers in Illinois or 25 or more
3929-24 State-certified or State-licensed appraisers in 2 or more
3930-25 jurisdictions. "Appraisal management company" includes a
3931-26 hybrid entity.
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3942-1 "Appraisal practice" means valuation services performed by
3943-2 an individual acting as an appraiser, including, but not
3944-3 limited to, appraisal or appraisal review.
3945-4 "Appraisal qualification board (AQB)" means the
3946-5 independent board of the Appraisal Foundation, which, under
3947-6 the provisions of Title XI of the Financial Institutions
3948-7 Reform, Recovery, and Enforcement Act of 1989, establishes the
3949-8 minimum education, experience, and examination requirements
3950-9 for real property appraisers to obtain a state certification
3951-10 or license.
3952-11 "Appraisal report" means any communication, written or
3953-12 oral, of an appraisal or appraisal review that is transmitted
3954-13 to a client upon completion of an assignment.
3955-14 "Appraisal review" means the act or process of developing
3956-15 and communicating an opinion about the quality of another
3957-16 appraiser's work that was performed as part of an appraisal,
3958-17 appraisal review, or appraisal assignment.
3959-18 "Appraisal Subcommittee" means the Appraisal Subcommittee
3960-19 of the Federal Financial Institutions Examination Council as
3961-20 established by Title XI.
3962-21 "Appraiser" means a person who performs real estate or
3963-22 real property appraisals competently and in a manner that is
3964-23 independent, impartial, and objective.
3965-24 "Appraiser panel" means a network, list, or roster of
3966-25 licensed or certified appraisers approved by the appraisal
3967-26 management company or by the end-user client to perform
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3978-1 appraisals as independent contractors for the appraisal
3979-2 management company. "Appraiser panel" includes both appraisers
3980-3 accepted by an appraisal management company for consideration
3981-4 for future appraisal assignments and appraisers engaged by an
3982-5 appraisal management company to perform one or more
3983-6 appraisals. For the purposes of determining the size of an
3984-7 appraiser panel, only independent contractors of hybrid
3985-8 entities shall be counted towards the appraiser panel.
3986-9 "AQB" means the Appraisal Qualifications Board of the
3987-10 Appraisal Foundation.
3988-11 "Associate real estate trainee appraiser" means an
3989-12 entry-level appraiser who holds a license of this
3990-13 classification under this Act with restrictions as to the
3991-14 scope of practice in accordance with this Act.
3992-15 "Automated valuation model" means an automated system that
3993-16 is used to derive a property value through the use of available
3994-17 property records and various analytic methodologies such as
3995-18 comparable sales prices, home characteristics, and price
3996-19 changes.
3997-20 "Board" means the Real Estate Appraisal Administration and
3998-21 Disciplinary Board.
3999-22 "Broker price opinion" means an estimate or analysis of
4000-23 the probable selling price of a particular interest in real
4001-24 estate, which may provide a varying level of detail about the
4002-25 property's condition, market, and neighborhood and information
4003-26 on comparable sales. The activities of a real estate broker or
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4014-1 managing broker engaging in the ordinary course of business as
4015-2 a broker, as defined in this Section, shall not be considered a
4016-3 broker price opinion if no compensation is paid to the broker
4017-4 or managing broker, other than compensation based upon the
4018-5 sale or rental of real estate.
4019-6 "Classroom hour" means 50 minutes of instruction out of
4020-7 each 60-minute segment of coursework.
4021-8 "Client" means the party or parties who engage an
4022-9 appraiser by employment or contract in a specific appraisal
4023-10 assignment.
4024-11 "Comparative market analysis" is an analysis or opinion
4025-12 regarding pricing, marketing, or financial aspects relating to
4026-13 a specified interest or interests in real estate that may be
4027-14 based upon an analysis of comparative market data, the
4028-15 expertise of the real estate broker or managing broker, and
4029-16 such other factors as the broker or managing broker may deem
4030-17 appropriate in developing or preparing such analysis or
4031-18 opinion. The activities of a real estate broker or managing
4032-19 broker engaging in the ordinary course of business as a
4033-20 broker, as defined in this Section, shall not be considered a
4034-21 comparative market analysis if no compensation is paid to the
4035-22 broker or managing broker, other than compensation based upon
4036-23 the sale or rental of real estate.
4037-24 "Coordinator" means the Real Estate Appraisal Coordinator
4038-25 created in Section 25-15.
4039-26 "Department" means the Department of Financial and
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4050-1 Professional Regulation.
4051-2 "Email address of record" means the designated email
4052-3 address recorded by the Department in the applicant's
4053-4 application file or the licensee's license file maintained by
4054-5 the Department.
4055-6 "Evaluation" means a valuation permitted by the appraisal
4056-7 regulations of the Federal Financial Institutions Examination
4057-8 Council and its federal agencies for transactions that qualify
4058-9 for the appraisal threshold exemption, business loan
4059-10 exemption, or subsequent transaction exemption.
4060-11 "Federal financial institutions regulatory agencies" means
4061-12 the Board of Governors of the Federal Reserve System, the
4062-13 Federal Deposit Insurance Corporation, the Office of the
4063-14 Comptroller of the Currency, the Consumer Financial Protection
4064-15 Bureau, and the National Credit Union Administration.
4065-16 "Federally related transaction" means any real
4066-17 estate-related financial transaction in which a federal
4067-18 financial institutions regulatory agency engages in, contracts
4068-19 for, or regulates and requires the services of an appraiser.
4069-20 "Financial institution" means any bank, savings bank,
4070-21 savings and loan association, credit union, mortgage broker,
4071-22 mortgage banker, licensee under the Consumer Installment Loan
4072-23 Act or the Sales Finance Agency Act, or a corporate fiduciary,
4073-24 subsidiary, affiliate, parent company, or holding company of
4074-25 any such licensee, or any institution involved in real estate
4075-26 financing that is regulated by state or federal law.
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4086-1 "Hybrid entity" means an appraisal management company that
4087-2 hires an appraiser as an employee to perform an appraisal and
4088-3 engages an independent contractor to perform an appraisal.
4089-4 "License" means the privilege conferred by the Department
4090-5 to a person that has fulfilled all requirements prerequisite
4091-6 to any type of licensure under this Act.
4092-7 "Licensee" means any person licensed under this Act.
4093-8 "Multi-state licensing system" means a web-based platform
4094-9 that allows an applicant to submit the application or license
4095-10 renewal application to the Department online.
4096-11 "Person" means an individual, entity, sole proprietorship,
4097-12 corporation, limited liability company, partnership, and joint
4098-13 venture, foreign or domestic, except that when the context
4099-14 otherwise requires, the term may refer to more than one
4100-15 individual or other described entity.
4101-16 "Real estate" means an identified parcel or tract of land,
4102-17 including any improvements.
4103-18 "Real estate related financial transaction" means any
4104-19 transaction involving:
4105-20 (1) the sale, lease, purchase, investment in, or
4106-21 exchange of real property, including interests in property
4107-22 or the financing thereof;
4108-23 (2) the refinancing of real property or interests in
4109-24 real property; and
4110-25 (3) the use of real property or interest in property
4111-26 as security for a loan or investment, including mortgage
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4122-1 backed securities.
4123-2 "Real property" means the interests, benefits, and rights
4124-3 inherent in the ownership of real estate.
4125-4 "Secretary" means the Secretary of Financial and
4126-5 Professional Regulation or the Secretary's designee.
4127-6 "State certified general real estate appraiser" means an
4128-7 appraiser who holds a license of this classification under
4129-8 this Act and such classification applies to the appraisal of
4130-9 all types of real property without restrictions as to the
4131-10 scope of practice.
4132-11 "State certified residential real estate appraiser" means
4133-12 an appraiser who holds a license of this classification under
4134-13 this Act and such classification applies to the appraisal of
4135-14 one to 4 units of residential real property without regard to
4136-15 transaction value or complexity, but with restrictions as to
4137-16 the scope of practice in a federally related transaction in
4138-17 accordance with Title XI, the provisions of USPAP, criteria
4139-18 established by the AQB, and further defined by rule.
4140-19 "Supervising appraiser" means either (i) an appraiser who
4141-20 holds a valid license under this Act as either a State
4142-21 certified general real estate appraiser or a State certified
4143-22 residential real estate appraiser, who co-signs an appraisal
4144-23 report for an associate real estate trainee appraiser or (ii)
4145-24 a State certified general real estate appraiser who holds a
4146-25 valid license under this Act who co-signs an appraisal report
4147-26 for a State certified residential real estate appraiser on
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4158-1 properties other than one to 4 units of residential real
4159-2 property without regard to transaction value or complexity.
4160-3 "Title XI" means Title XI of the federal Financial
4161-4 Institutions Reform, Recovery, and Enforcement Act of 1989.
4162-5 "USPAP" means the Uniform Standards of Professional
4163-6 Appraisal Practice as promulgated by the Appraisal Standards
4164-7 Board pursuant to Title XI and by rule.
4165-8 "Valuation services" means services pertaining to aspects
4166-9 of property value.
4167-10 (Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;
4168-11 102-970, eff. 5-27-22.)
4169-12 (225 ILCS 458/5-25)
4170-13 (Section scheduled to be repealed on January 1, 2027)
4171-14 Sec. 5-25. Renewal of license.
4172-15 (a) The expiration date and renewal period for a State
4173-16 certified general real estate appraiser license or a State
4174-17 certified residential real estate appraiser license issued
4175-18 under this Act shall be set by rule. Except as otherwise
4176-19 provided in subsections (b) and (f) of this Section, the
4177-20 holder of a license may renew the license within 90 days
4178-21 preceding the expiration date by:
4179-22 (1) completing and submitting to the Department, or
4180-23 through a multi-state licensing system as designated by
4181-24 the Secretary, a renewal application form as provided by
4182-25 the Department;
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4193-1 (2) paying the required fees; and
4194-2 (3) providing evidence to the Department, or through a
4195-3 multi-state licensing system as designated by the
4196-4 Secretary, of successful completion of the continuing
4197-5 education requirements through courses approved by the
4198-6 Department from education providers licensed by the
4199-7 Department, as established by the AQB and by rule.
4200-8 (b) A State certified general real estate appraiser or
4201-9 State certified residential real estate appraiser whose
4202-10 license under this Act has expired may renew the license for a
4203-11 period of 2 years following the expiration date by complying
4204-12 with the requirements of paragraphs (1), (2), and (3) of
4205-13 subsection (a) of this Section and paying any late penalties
4206-14 established by rule.
4207-15 (c) (Blank).
4208-16 (d) The expiration date and renewal period for an
4209-17 associate real estate trainee appraiser license issued under
4210-18 this Act shall be set by rule. Except as otherwise provided in
4211-19 subsections (e) and (f) of this Section, the holder of an
4212-20 associate real estate trainee appraiser license may renew the
4213-21 license within 90 days preceding the expiration date by:
4214-22 (1) completing and submitting to the Department, or
4215-23 through a multi-state licensing system as designated by
4216-24 the Secretary, a renewal application form as provided by
4217-25 the Department;
4218-26 (2) paying the required fees; and
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4229-1 (3) providing evidence to the Department, or through a
4230-2 multi-state licensing system as designated by the
4231-3 Secretary, of successful completion of the continuing
4232-4 education requirements through courses approved by the
4233-5 Department from education providers approved by the
4234-6 Department, as established by rule.
4235-7 (e) Any associate real estate trainee appraiser whose
4236-8 license under this Act has expired may renew the license for a
4237-9 period of 2 years following the expiration date by complying
4238-10 with the requirements of paragraphs (1), (2), and (3) of
4239-11 subsection (d) of this Section and paying any late penalties
4240-12 as established by rule.
4241-13 (f) Notwithstanding subsections (c) and (e), an appraiser
4242-14 whose license under this Act has expired may renew or convert
4243-15 the license without paying any lapsed renewal fees or late
4244-16 penalties if the license expired while the appraiser was:
4245-17 (1) on active duty with the United States Armed
4246-18 Services;
4247-19 (2) serving as the Coordinator or an employee of the
4248-20 Department who was required to surrender the license
4249-21 during the term of employment.
4250-22 Application for renewal must be made within 2 years
4251-23 following the termination of the military service or related
4252-24 education, training, or employment and shall include an
4253-25 affidavit from the licensee of engagement.
4254-26 (g) The Department shall provide reasonable care and due
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4265-1 diligence to ensure that each licensee under this Act is
4266-2 provided with a renewal application at least 90 days prior to
4267-3 the expiration date, but timely renewal or conversion of the
4268-4 license prior to its expiration date is the responsibility of
4269-5 the licensee.
4270-6 (h) The Department shall not issue or renew a license if
4271-7 the applicant or licensee has an unpaid fine or fee from a
4272-8 disciplinary matter or from a non-disciplinary action imposed
4273-9 by the Department until the fine or fee is paid to the
4274-10 Department or the applicant or licensee has entered into a
4275-11 payment plan and is current on the required payments.
4276-12 (i) The Department shall not issue or renew a license if
4277-13 the applicant or licensee has an unpaid fine or civil penalty
4278-14 imposed by the Department for unlicensed practice until the
4279-15 fine or civil penalty is paid to the Department or the
4280-16 applicant or licensee has entered into a payment plan and is
4281-17 current on the required payments.
4282-18 (Source: P.A. 101-81, eff. 7-12-19; 102-20, eff. 1-1-22;
4283-19 102-970, eff. 5-27-22.)
4284-20 (225 ILCS 458/10-5)
4285-21 (Section scheduled to be repealed on January 1, 2027)
4286-22 Sec. 10-5. Scope of practice.
4287-23 (a) This Act does not limit a State certified general real
4288-24 estate appraiser's scope of practice in a federally related
4289-25 transaction. A State certified general real estate appraiser
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4300-1 may independently provide appraisal services, review, or
4301-2 consult related to any type of property for which there is
4302-3 related experience or competency by the appraiser. All such
4303-4 appraisal practice must be made in accordance with the
4304-5 provisions of USPAP, criteria established by the AQB, and
4305-6 rules adopted pursuant to this Act.
4306-7 (b) A State certified residential real estate appraiser is
4307-8 limited in scope of practice to the provisions of USPAP,
4308-9 criteria established by the AQB, and the rules adopted
4309-10 pursuant to this Act.
4310-11 (c) A State certified residential real estate appraiser
4311-12 must have a State certified general real estate appraiser who
4312-13 holds a valid license under this Act co-sign all appraisal
4313-14 reports on properties other than one to 4 units of residential
4314-15 real property without regard to transaction value or
4315-16 complexity.
4316-17 (d) An associate real estate trainee appraiser is limited
4317-18 in scope of practice in all transactions or appraisal reports
4318-19 in accordance with the provisions of USPAP, this Act, and the
4319-20 rules adopted pursuant to this Act. In addition, an An
4320-21 associate real estate trainee appraiser shall be required to
4321-22 have a State certified general real estate appraiser or State
4322-23 certified residential real estate appraiser who holds a valid
4323-24 license under this Act to co-sign all appraisal reports. A
4324-25 supervising appraiser may not supervise more than 3 associate
4325-26 real estate trainee appraisers at one time. Associate real
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4336-1 estate trainee appraisers shall not be limited in the number
4337-2 of concurrent supervising appraisers. A chronological
4338-3 appraisal log on an approved log form shall be maintained by
4339-4 the associate real estate trainee appraiser and shall be made
4340-5 available to the Department upon request. Notwithstanding any
4341-6 other provision of this subsection to the contrary, the
4342-7 Appraisal Qualification Board may establish alternative
4343-8 experience requirements as an associate real estate trainee
4344-9 appraiser that is adopted by rule.
4345-10 (Source: P.A. 102-20, eff. 1-1-22.)
4346-11 (225 ILCS 458/10-10)
4347-12 (Section scheduled to be repealed on January 1, 2027)
4348-13 Sec. 10-10. Standards of practice. All persons licensed
4349-14 under this Act must comply with standards of professional
4350-15 appraisal practice adopted by the Department. The Department
4351-16 must adopt, as part of its rules, the Uniform Standards of
4352-17 Professional Appraisal Practice (USPAP) as published from time
4353-18 to time by the Appraisal Standards Board of the Appraisal
4354-19 Foundation. The Department shall consider federal laws and
4355-20 regulations, including, but not limited to, appraisal
4356-21 qualification board policies and guidelines, regarding the
4357-22 licensure of real estate appraisers prior to adopting its
4358-23 rules for the administration of this Act. When an appraisal
4359-24 obtained through an appraisal management company is used for
4360-25 loan purposes, the borrower or loan applicant shall be
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4371-1 provided with a written disclosure of the total compensation
4372-2 to the appraiser or appraisal firm within the body of the
4373-3 appraisal report and it shall not be redacted or otherwise
4374-4 obscured.
4375-5 (Source: P.A. 102-20, eff. 1-1-22.)
4376-6 (225 ILCS 458/15-10)
4377-7 (Section scheduled to be repealed on January 1, 2027)
4378-8 Sec. 15-10. Grounds for disciplinary action.
4379-9 (a) The Department may suspend, revoke, refuse to issue,
4380-10 renew, or restore a license and may reprimand place on
4381-11 probation or administrative supervision, or take any
4382-12 disciplinary or non-disciplinary action, including imposing
4383-13 conditions limiting the scope, nature, or extent of the real
4384-14 estate appraisal practice of a licensee or reducing the
4385-15 appraisal rank of a licensee, and may impose an administrative
4386-16 fine not to exceed $25,000 for each violation upon a licensee
4387-17 or applicant under this Act or any person who holds oneself out
4388-18 as an applicant or licensee for any one or combination of the
4389-19 following:
4390-20 (1) Procuring or attempting to procure a license by
4391-21 knowingly making a false statement, submitting false
4392-22 information, engaging in any form of fraud or
4393-23 misrepresentation, or refusing to provide complete
4394-24 information in response to a question in an application
4395-25 for licensure.
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4406-1 (2) Failing to meet the minimum qualifications for
4407-2 licensure as an appraiser established by this Act.
4408-3 (3) Paying money, other than for the fees provided for
4409-4 by this Act, or anything of value to a member or employee
4410-5 of the Board or the Department to procure licensure under
4411-6 this Act.
4412-7 (4) Conviction of, or plea of guilty or nolo
4413-8 contendere, as enumerated in subsection (e) of Section
4414-9 5-22, under the laws of any jurisdiction of the United
4415-10 States: (i) that is a felony, misdemeanor, or
4416-11 administrative sanction or (ii) that is a crime that
4417-12 subjects the licensee to compliance with the requirements
4418-13 of the Sex Offender Registration Act.
4419-14 (5) Committing an act or omission involving
4420-15 dishonesty, fraud, or misrepresentation with the intent to
4421-16 substantially benefit the licensee or another person or
4422-17 with intent to substantially injure another person as
4423-18 defined by rule.
4424-19 (6) Violating a provision or standard for the
4425-20 development or communication of real estate appraisals as
4426-21 provided in Section 10-10 of this Act or as defined by
4427-22 rule.
4428-23 (7) Failing or refusing without good cause to exercise
4429-24 reasonable diligence in developing, reporting, or
4430-25 communicating an appraisal, as defined by this Act or by
4431-26 rule.
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4442-1 (8) Violating a provision of this Act or the rules
4443-2 adopted pursuant to this Act.
4444-3 (9) Having been disciplined by another state, the
4445-4 District of Columbia, a territory, a foreign nation, a
4446-5 governmental agency, or any other entity authorized to
4447-6 impose discipline if at least one of the grounds for that
4448-7 discipline is the same as or the equivalent of one of the
4449-8 grounds for which a licensee may be disciplined under this
4450-9 Act.
4451-10 (10) Engaging in dishonorable, unethical, or
4452-11 unprofessional conduct of a character likely to deceive,
4453-12 defraud, or harm the public.
4454-13 (11) Accepting an appraisal assignment when the
4455-14 employment itself is contingent upon the appraiser
4456-15 reporting a predetermined estimate, analysis, or opinion
4457-16 or when the fee to be paid is contingent upon the opinion,
4458-17 conclusion, or valuation reached or upon the consequences
4459-18 resulting from the appraisal assignment.
4460-19 (12) Developing valuation conclusions based on the
4461-20 race, color, religion, sex, national origin, ancestry,
4462-21 age, marital status, family status, physical or mental
4463-22 disability, sexual orientation, pregnancy, order of
4464-23 protection status, military status, or unfavorable
4465-24 military discharge, source of income, or any other
4466-25 protected class as defined under the Illinois Human Rights
4467-26 Act, of the prospective or present owners or occupants of
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4478-1 the area or property under appraisal.
4479-2 (13) Violating the confidential nature of government
4480-3 records to which the licensee gained access through
4481-4 employment or engagement as an appraiser by a government
4482-5 agency.
4483-6 (14) Being adjudicated liable in a civil proceeding on
4484-7 grounds of fraud, misrepresentation, or deceit. In a
4485-8 disciplinary proceeding based upon a finding of civil
4486-9 liability, the appraiser shall be afforded an opportunity
4487-10 to present mitigating and extenuating circumstances, but
4488-11 may not collaterally attack the civil adjudication.
4489-12 (15) Being adjudicated liable in a civil proceeding
4490-13 for violation of a state or federal fair housing law.
4491-14 (16) Engaging in misleading or untruthful advertising
4492-15 or using a trade name or insignia of membership in a real
4493-16 estate appraisal or real estate organization of which the
4494-17 licensee is not a member.
4495-18 (17) Failing to fully cooperate with a Department
4496-19 investigation by knowingly making a false statement,
4497-20 submitting false or misleading information, or refusing to
4498-21 provide complete information in response to written
4499-22 interrogatories or a written request for documentation
4500-23 within 30 days of the request.
4501-24 (18) Failing to include within the certificate of
4502-25 appraisal for all written appraisal reports the
4503-26 appraiser's license number and licensure title. All
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4514-1 appraisers providing significant contribution to the
4515-2 development and reporting of an appraisal must be
4516-3 disclosed in the appraisal report. It is a violation of
4517-4 this Act for an appraiser to sign a report, transmittal
4518-5 letter, or appraisal certification knowing that a person
4519-6 providing a significant contribution to the report has not
4520-7 been disclosed in the appraisal report.
4521-8 (19) Violating the terms of a disciplinary order or
4522-9 consent to administrative supervision order.
4523-10 (20) Habitual or excessive use or addiction to
4524-11 alcohol, narcotics, stimulants, or any other chemical
4525-12 agent or drug that results in a licensee's inability to
4526-13 practice with reasonable judgment, skill, or safety.
4527-14 (21) A physical or mental illness or disability which
4528-15 results in the inability to practice under this Act with
4529-16 reasonable judgment, skill, or safety.
4530-17 (22) Gross negligence in developing an appraisal or in
4531-18 communicating an appraisal or failing to observe one or
4532-19 more of the Uniform Standards of Professional Appraisal
4533-20 Practice.
4534-21 (23) A pattern of practice or other behavior that
4535-22 demonstrates incapacity or incompetence to practice under
4536-23 this Act.
4537-24 (24) Using or attempting to use the seal, certificate,
4538-25 or license of another as one's own; falsely impersonating
4539-26 any duly licensed appraiser; using or attempting to use an
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4550-1 inactive, expired, suspended, or revoked license; or
4551-2 aiding or abetting any of the foregoing.
4552-3 (25) Solicitation of professional services by using
4553-4 false, misleading, or deceptive advertising.
4554-5 (26) Making a material misstatement in furnishing
4555-6 information to the Department.
4556-7 (27) Failure to furnish information to the Department
4557-8 upon written request.
4558-9 (b) The Department may reprimand suspend, revoke, or
4559-10 refuse to issue or renew an education provider's license, may
4560-11 reprimand, place on probation, or otherwise discipline an
4561-12 education provider and may suspend or revoke the course
4562-13 approval of any course offered by an education provider and
4563-14 may impose an administrative fine not to exceed $25,000 upon
4564-15 an education provider, for any of the following:
4565-16 (1) Procuring or attempting to procure licensure by
4566-17 knowingly making a false statement, submitting false
4567-18 information, engaging in any form of fraud or
4568-19 misrepresentation, or refusing to provide complete
4569-20 information in response to a question in an application
4570-21 for licensure.
4571-22 (2) Failing to comply with the covenants certified to
4572-23 on the application for licensure as an education provider.
4573-24 (3) Committing an act or omission involving
4574-25 dishonesty, fraud, or misrepresentation or allowing any
4575-26 such act or omission by any employee or contractor under
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4586-1 the control of the provider.
4587-2 (4) Engaging in misleading or untruthful advertising.
4588-3 (5) Failing to retain competent instructors in
4589-4 accordance with rules adopted under this Act.
4590-5 (6) Failing to meet the topic or time requirements for
4591-6 course approval as the provider of a qualifying curriculum
4592-7 course or a continuing education course.
4593-8 (7) Failing to administer an approved course using the
4594-9 course materials, syllabus, and examinations submitted as
4595-10 the basis of the course approval.
4596-11 (8) Failing to provide an appropriate classroom
4597-12 environment for presentation of courses, with
4598-13 consideration for student comfort, acoustics, lighting,
4599-14 seating, workspace, and visual aid material.
4600-15 (9) Failing to maintain student records in compliance
4601-16 with the rules adopted under this Act.
4602-17 (10) Failing to provide a certificate, transcript, or
4603-18 other student record to the Department or to a student as
4604-19 may be required by rule.
4605-20 (11) Failing to fully cooperate with an investigation
4606-21 by the Department by knowingly making a false statement,
4607-22 submitting false or misleading information, or refusing to
4608-23 provide complete information in response to written
4609-24 interrogatories or a written request for documentation
4610-25 within 30 days of the request.
4611-26 (c) In appropriate cases, the Department may resolve a
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4622-1 complaint against a licensee through the issuance of a Consent
4623-2 to Administrative Supervision order. A licensee subject to a
4624-3 Consent to Administrative Supervision order shall be
4625-4 considered by the Department as an active licensee in good
4626-5 standing. This order shall not be reported or considered by
4627-6 the Department to be a discipline of the licensee. The records
4628-7 regarding an investigation and a Consent to Administrative
4629-8 Supervision order shall be considered confidential and shall
4630-9 not be released by the Department except as mandated by law. A
4631-10 complainant shall be notified if the complaint has been
4632-11 resolved by a Consent to Administrative Supervision order.
4633-12 (Source: P.A. 102-20, eff. 1-1-22.)
4634-13 (225 ILCS 458/15-15)
4635-14 (Section scheduled to be repealed on January 1, 2027)
4636-15 Sec. 15-15. Investigation; notice; hearing.
4637-16 (a) Upon the motion of the Department or the Board or upon
4638-17 a complaint in writing of a person setting forth facts that, if
4639-18 proven, would constitute grounds for suspension, revocation,
4640-19 or other disciplinary action, the Department shall investigate
4641-20 the actions or qualifications of any person who is against a
4642-21 licensee, or applicant for licensure, unlicensed person,
4643-22 person rendering or offering to render appraisal services, or
4644-23 holding or claiming to hold a license under this Act the
4645-24 Department shall investigate the actions of the licensee or
4646-25 applicant. If, upon investigation, the Department believes
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4657-1 that there may be cause for suspension, revocation, or other
4658-2 disciplinary action, the Department shall use the services of
4659-3 a State certified general real estate appraiser, a State
4660-4 certified residential real estate appraiser, or the
4661-5 Coordinator to assist in determining whether grounds for
4662-6 disciplinary action exist prior to commencing formal
4663-7 disciplinary proceedings.
4664-8 (b) Formal disciplinary proceedings shall commence upon
4665-9 the issuance of a written complaint describing the charges
4666-10 that are the basis of the disciplinary action and delivery of
4667-11 the detailed complaint to the address of record of the person
4668-12 charged licensee or applicant. For an associate real estate
4669-13 trainee appraiser, a copy shall also be sent to the licensee's
4670-14 supervising appraiser of record. The Department shall notify
4671-15 the person licensee or applicant to file a verified written
4672-16 answer within 20 days after the service of the notice and
4673-17 complaint. The notification shall inform the person licensee
4674-18 or applicant of the right to be heard in person or by legal
4675-19 counsel; that the hearing will be afforded not sooner than 20
4676-20 days after service of the complaint; that failure to file an
4677-21 answer will result in a default being entered against the
4678-22 person licensee or applicant; that the license may be
4679-23 suspended, revoked, or placed on probationary status; and that
4680-24 other disciplinary action may be taken pursuant to this Act,
4681-25 including limiting the scope, nature, or extent of the
4682-26 licensee's practice. If the person licensee or applicant fails
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4693-1 to file an answer after service of notice, the respective
4694-2 license may, at the discretion of the Department, be
4695-3 suspended, revoked, or placed on probationary status and the
4696-4 Department may take whatever disciplinary action it deems
4697-5 proper, including limiting the scope, nature, or extent of the
4698-6 person's practice, without a hearing.
4699-7 (c) At the time and place fixed in the notice, the Board
4700-8 shall conduct hearing of the charges, providing both the
4701-9 accused person charged and the complainant ample opportunity
4702-10 to present in person or by counsel such statements, testimony,
4703-11 evidence, and argument as may be pertinent to the charges or to
4704-12 a defense thereto.
4705-13 (d) The Board shall present to the Secretary a written
4706-14 report of its findings of fact and recommendations. A copy of
4707-15 the report shall be served upon the person licensee or
4708-16 applicant, either personally, by mail, or, at the discretion
4709-17 of the Department, by electronic means. For associate real
4710-18 estate trainee appraisers, a copy shall also be sent to the
4711-19 licensee's supervising appraiser of record. Within 20 days
4712-20 after the service, the person licensee or applicant may
4713-21 present the Secretary with a motion in writing for a rehearing
4714-22 and shall specify the particular grounds for the request. If
4715-23 the person accused orders a transcript of the record as
4716-24 provided in this Act, the time elapsing thereafter and before
4717-25 the transcript is ready for delivery to the person accused
4718-26 shall not be counted as part of the 20 days. If the Secretary
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4729-1 is not satisfied that substantial justice has been done, the
4730-2 Secretary may order a rehearing by the Board or other special
4731-3 committee appointed by the Secretary, may remand the matter to
4732-4 the Board for its reconsideration of the matter based on the
4733-5 pleadings and evidence presented to the Board, or may enter a
4734-6 final order in contravention of the Board's recommendation.
4735-7 Notwithstanding a person's licensee's or applicant's failure
4736-8 to file a motion for rehearing, the Secretary shall have the
4737-9 right to take any of the actions specified in this subsection
4738-10 (d). Upon the suspension or revocation of a license, the
4739-11 licensee shall be required to surrender the respective license
4740-12 to the Department, and upon failure or refusal to do so, the
4741-13 Department shall have the right to seize the license.
4742-14 (e) The Department has the power to issue subpoenas and
4743-15 subpoenas duces tecum to bring before it any person in this
4744-16 State, to take testimony, or to require production of any
4745-17 records relevant to an inquiry or hearing by the Board in the
4746-18 same manner as prescribed by law in judicial proceedings in
4747-19 the courts of this State. In a case of refusal of a witness to
4748-20 attend, testify, or to produce books or papers concerning a
4749-21 matter upon which the witness might be lawfully examined, the
4750-22 circuit court of the county where the hearing is held, upon
4751-23 application of the Department or any party to the proceeding,
4752-24 may compel obedience by proceedings as for contempt.
4753-25 (f) Any license that is revoked may not be restored for a
4754-26 minimum period of 3 years.
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4765-1 (g) In addition to the provisions of this Section
4766-2 concerning the conduct of hearings and the recommendations for
4767-3 discipline, the Department has the authority to negotiate
4768-4 disciplinary and non-disciplinary settlement agreements
4769-5 concerning any license issued under this Act. All such
4770-6 agreements shall be recorded as Consent Orders or Consent to
4771-7 Administrative Supervision Orders.
4772-8 (h) The Secretary shall have the authority to appoint an
4773-9 attorney duly licensed to practice law in the State of
4774-10 Illinois to serve as the hearing officer in any action to
4775-11 suspend, revoke, or otherwise discipline any license issued by
4776-12 the Department. The Hearing Officer shall have full authority
4777-13 to conduct the hearing.
4778-14 (i) The Department, at its expense, shall preserve a
4779-15 record of all formal hearings of any contested case involving
4780-16 the discipline of a license. At all hearings or pre-hearing
4781-17 conferences, the Department and the licensee shall be entitled
4782-18 to have the proceedings transcribed by a certified shorthand
4783-19 reporter. A copy of the transcribed proceedings shall be made
4784-20 available to the licensee by the certified shorthand reporter
4785-21 upon payment of the prevailing contract copy rate.
4786-22 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
4787-23 (225 ILCS 458/25-10)
4788-24 (Section scheduled to be repealed on January 1, 2027)
4789-25 Sec. 25-10. Real Estate Appraisal Administration and
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4800-1 Disciplinary Board; appointment.
4801-2 (a) There is hereby created the Real Estate Appraisal
4802-3 Administration and Disciplinary Board. The Board shall be
4803-4 composed of the Coordinator and 10 persons appointed by the
4804-5 Governor. Members shall be appointed to the Board subject to
4805-6 the following conditions:
4806-7 (1) All appointed members shall have been residents
4807-8 and citizens of this State for at least 5 years prior to
4808-9 the date of appointment.
4809-10 (2) The appointed membership of the Board should
4810-11 reasonably reflect the geographic distribution of the
4811-12 population of the State.
4812-13 (3) Four appointed members shall have been actively
4813-14 engaged and currently licensed as State certified general
4814-15 real estate appraisers for a period of not less than 5
4815-16 years.
4816-17 (4) Three appointed members shall have been actively
4817-18 engaged and currently licensed as State certified
4818-19 residential real estate appraisers for a period of not
4819-20 less than 5 years.
4820-21 (5) One appointed member shall hold a valid license as
4821-22 a real estate broker for at least 3 years prior to the date
4822-23 of the appointment and shall hold either a valid State
4823-24 certified general real estate appraiser license or a valid
4824-25 State certified residential appraiser license issued under
4825-26 this Act or a predecessor Act for a period of at least 5
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4836-1 years prior to the appointment.
4837-2 (6) One appointed member shall be a representative of
4838-3 a financial institution, as evidenced by proof of
4839-4 employment with a financial institution.
4840-5 (7) One appointed member shall represent the interests
4841-6 of the general public. This member or the member's spouse
4842-7 shall not be licensed under this Act nor be employed by or
4843-8 have any financial interest in an appraisal business,
4844-9 appraisal management company, real estate brokerage
4845-10 business, or a financial institution.
4846-11 In making appointments as provided in paragraphs (3) and
4847-12 (4) of this subsection, the Governor shall give due
4848-13 consideration to recommendations by members and organizations
4849-14 representing the profession.
4850-15 In making the appointments as provided in paragraph (5) of
4851-16 this subsection, the Governor shall give due consideration to
4852-17 the recommendations by members and organizations representing
4853-18 the real estate industry.
4854-19 In making the appointment as provided in paragraph (6) of
4855-20 this subsection, the Governor shall give due consideration to
4856-21 the recommendations by members and organizations representing
4857-22 financial institutions.
4858-23 (b) The members' terms shall be for 4 years or until a
4859-24 successor is appointed. No member shall be reappointed to the
4860-25 Board for a term that would cause the member's cumulative
4861-26 service to the Board to exceed 12 10 years. Appointments to
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4872-1 fill vacancies shall be for the unexpired portion of the term.
4873-2 (c) The Governor may terminate the appointment of a member
4874-3 for cause that, in the opinion of the Governor, reasonably
4875-4 justifies the termination. Cause for termination may include,
4876-5 without limitation, misconduct, incapacity, neglect of duty,
4877-6 or missing 4 Board meetings during any one fiscal year.
4878-7 (d) A majority of the Board members shall constitute a
4879-8 quorum. A vacancy in the membership of the Board shall not
4880-9 impair the right of a quorum to exercise all of the rights and
4881-10 perform all of the duties of the Board.
4882-11 (e) The Board shall meet at least monthly and may be
4883-12 convened by the Chairperson, Vice-Chairperson, or 3 members of
4884-13 the Board upon 10 days written notice.
4885-14 (f) The Board shall, annually at the first meeting of the
4886-15 fiscal year, elect a Chairperson and Vice-Chairperson from its
4887-16 members. The Chairperson shall preside over the meetings and
4888-17 shall coordinate with the Coordinator in developing and
4889-18 distributing an agenda for each meeting. In the absence of the
4890-19 Chairperson, the Vice-Chairperson shall preside over the
4891-20 meeting.
4892-21 (g) The Coordinator shall serve as a member of the Board
4893-22 without vote.
4894-23 (h) The Board shall advise and make recommendations to the
4895-24 Department on the education and experience qualifications of
4896-25 any applicant for initial licensure as a State certified
4897-26 general real estate appraiser or a State certified residential
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4908-1 real estate appraiser. The Department shall not make any
4909-2 decisions concerning education or experience qualifications of
4910-3 an applicant for initial licensure as a State certified
4911-4 general real estate appraiser or a State certified residential
4912-5 real estate appraiser without having first received the advice
4913-6 and recommendation of the Board and shall give due
4914-7 consideration to all such advice and recommendations; however,
4915-8 if the Board does not render advice or make a recommendation
4916-9 within a reasonable amount of time, then the Department may
4917-10 render a decision.
4918-11 (i) Except as provided in Section 15-17 of this Act, the
4919-12 Board shall hear and make recommendations to the Secretary on
4920-13 disciplinary matters that require a formal evidentiary
4921-14 hearing. The Secretary shall give due consideration to the
4922-15 recommendations of the Board involving discipline and
4923-16 questions involving standards of professional conduct of
4924-17 licensees.
4925-18 (j) The Department shall seek and the Board shall provide
4926-19 recommendations to the Department consistent with the
4927-20 provisions of this Act and for the administration and
4928-21 enforcement of all rules adopted pursuant to this Act. The
4929-22 Department shall give due consideration to such
4930-23 recommendations prior to adopting rules.
4931-24 (k) The Department shall seek and the Board shall provide
4932-25 recommendations to the Department on the approval of all
4933-26 courses submitted to the Department pursuant to this Act and
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4944-1 the rules adopted pursuant to this Act. The Department shall
4945-2 not approve any courses without having first received the
4946-3 recommendation of the Board and shall give due consideration
4947-4 to such recommendations prior to approving and licensing
4948-5 courses; however, if the Board does not make a recommendation
4949-6 within a reasonable amount of time, then the Department may
4950-7 approve courses.
4951-8 (l) Each voting member of the Board may receive a per diem
4952-9 stipend in an amount to be determined by the Secretary. While
4953-10 engaged in the performance of duties, each member shall be
4954-11 reimbursed for necessary expenses.
4955-12 (m) Members of the Board shall be immune from suit in an
4956-13 action based upon any disciplinary proceedings or other acts
4957-14 performed in good faith as members of the Board.
4958-15 (n) If the Department disagrees with any advice or
4959-16 recommendation provided by the Board under this Section to the
4960-17 Secretary or the Department, then notice of such disagreement
4961-18 must be provided to the Board by the Department.
4962-19 (o) (Blank).
4963-20 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
4964-21 Section 35. The Appraisal Management Company Registration
4965-22 Act is amended by changing Sections 65, 75, and 95 as follows:
4966-23 (225 ILCS 459/65)
4967-24 Sec. 65. Disciplinary actions.
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4978-1 (a) The Department may refuse to issue or renew, or may
4979-2 revoke, suspend, place on probation, reprimand, or take other
4980-3 disciplinary or non-disciplinary action as the Department may
4981-4 deem appropriate, including imposing fines not to exceed
4982-5 $25,000 for each violation upon any registrant or applicant
4983-6 under this Act or entity who holds oneself or itself out as an
4984-7 applicant or registrant , with regard to any registration for
4985-8 any one or combination of the following:
4986-9 (1) Material misstatement in furnishing information to
4987-10 the Department.
4988-11 (2) Violations of this Act, or of the rules adopted
4989-12 under this Act.
4990-13 (3) Conviction of, or entry of a plea of guilty or nolo
4991-14 contendere to any crime that is a felony under the laws of
4992-15 the United States or any state or territory thereof or
4993-16 that is a misdemeanor of which an essential element is
4994-17 dishonesty, or any crime that is directly related to the
4995-18 practice of the profession.
4996-19 (4) Making any misrepresentation for the purpose of
4997-20 obtaining registration or violating any provision of this
4998-21 Act or the rules adopted under this Act pertaining to
4999-22 advertising.
5000-23 (5) Professional incompetence.
5001-24 (6) Gross malpractice.
5002-25 (7) Aiding or assisting another person in violating
5003-26 any provision of this Act or rules adopted under this Act.
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5014-1 (8) Failing, within 30 days after requested, to
5015-2 provide information in response to a written request made
5016-3 by the Department.
5017-4 (9) Engaging in dishonorable, unethical, or
5018-5 unprofessional conduct of a character likely to deceive,
5019-6 defraud, or harm the public.
5020-7 (10) Discipline by another state, District of
5021-8 Columbia, territory, or foreign nation, if at least one of
5022-9 the grounds for the discipline is the same or
5023-10 substantially equivalent to those set forth in this
5024-11 Section.
5025-12 (11) A finding by the Department that the registrant,
5026-13 after having the registrant's his or her registration
5027-14 placed on probationary status, has violated the terms of
5028-15 probation.
5029-16 (12) Willfully making or filing false records or
5030-17 reports in the registrant's his or her practice,
5031-18 including, but not limited to, false records filed with
5032-19 State agencies or departments.
5033-20 (13) Filing false statements for collection of fees
5034-21 for which services are not rendered.
5035-22 (14) Practicing under a false or, except as provided
5036-23 by law, an assumed name.
5037-24 (15) Fraud or misrepresentation in applying for, or
5038-25 procuring, a registration under this Act or in connection
5039-26 with applying for renewal of a registration under this
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5050-1 Act.
5051-2 (16) Being adjudicated liable in a civil proceeding
5052-3 for violation of a state or federal fair housing law.
5053-4 (17) Failure to obtain or maintain the bond required
5054-5 under Section 50 of this Act.
5055-6 (18) Failure to pay appraiser panel fees or appraisal
5056-7 management company national registry fees.
5057-8 (19) Violating the terms of any order issued by the
5058-9 Department.
5059-10 (b) The Department may refuse to issue or may suspend
5060-11 without hearing as provided for in the Civil Administrative
5061-12 Code of Illinois the registration of any person who fails to
5062-13 file a return, or to pay the tax, penalty, or interest shown in
5063-14 a filed return, or to pay any final assessment of the tax,
5064-15 penalty, or interest as required by any tax Act administered
5065-16 by the Illinois Department of Revenue, until such time as the
5066-17 requirements of any such tax Act are satisfied.
5067-18 (c) An appraisal management company shall not be
5068-19 registered or included on the national registry if the
5069-20 company, in whole or in part, directly or indirectly, is owned
5070-21 by a person who has had an appraiser license or certificate
5071-22 refused, denied, canceled, surrendered in lieu of revocation,
5072-23 or revoked under the Real Estate Appraiser Licensing Act of
5073-24 2002 or the rules adopted under that Act, or similar
5074-25 discipline by another state, the District of Columbia, a
5075-26 territory, a foreign nation, a governmental agency, or an
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5086-1 entity authorized to impose discipline if at least one of the
5087-2 grounds for that discipline is the same as or the equivalent of
5088-3 one of the grounds for which a licensee may be disciplined as
5089-4 set forth under this Section.
5090-5 (Source: P.A. 100-604, eff. 7-13-18; 101-81, eff. 7-12-19.)
5091-6 (225 ILCS 459/75)
5092-7 Sec. 75. Investigations; notice and hearing. The
5093-8 Department may investigate the actions of any person who is an
5094-9 applicant or of any person or persons rendering or offering to
5095-10 render any services requiring registration under this Act or
5096-11 any person holding or claiming to hold a registration as an
5097-12 appraisal management company. The Department shall, before
5098-13 revoking, suspending, placing on probation, reprimanding, or
5099-14 taking any other disciplinary or non-disciplinary action under
5100-15 Section 65 of this Act, at least 30 days before the date set
5101-16 for the hearing, (i) notify the person charged accused in
5102-17 writing of the charges made and the time and place for the
5103-18 hearing on the charges, (ii) direct the person him or her to
5104-19 file a written answer to the charges with the Department under
5105-20 oath within 20 days after the service on him or her of the
5106-21 notice, and (iii) inform the person accused that, if the
5107-22 person he or she fails to answer, default will be entered taken
5108-23 against him or her or that the person's his or her registration
5109-24 may be suspended, revoked, placed on probationary status, or
5110-25 other disciplinary action taken with regard to the
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5121-1 registration, including limiting the scope, nature, or extent
5122-2 of the person's his or her practice, as the Department may
5123-3 consider proper. At the time and place fixed in the notice, the
5124-4 Department shall proceed to hear the charges and the parties
5125-5 or their counsel shall be accorded ample opportunity to
5126-6 present any pertinent statements, testimony, evidence, and
5127-7 arguments. The Department may continue the hearing from time
5128-8 to time. In case the person, after receiving the notice, fails
5129-9 to file an answer, the person's his or her registration may, in
5130-10 the discretion of the Department, be suspended, revoked,
5131-11 placed on probationary status, or the Department may take
5132-12 whatever disciplinary action considered proper, including
5133-13 limiting the scope, nature, or extent of the person's practice
5134-14 or the imposition of a fine, without a hearing, if the act or
5135-15 acts charged constitute sufficient grounds for that action
5136-16 under this Act. The written notice may be served by personal
5137-17 delivery or by certified mail or electronic mail to the last
5138-18 address of record or email address of record as provided to
5139-19 specified by the accused in his or her last notification with
5140-20 the Department.
5141-21 (Source: P.A. 97-602, eff. 8-26-11.)
5142-22 (225 ILCS 459/95)
5143-23 Sec. 95. Findings and recommendations. At the conclusion
5144-24 of the hearing, the designated hearing officer shall present
5145-25 to the Secretary a written report of his or her findings of
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5156-1 fact, conclusions of law, and recommendations. The report
5157-2 shall contain a finding whether or not the accused person
5158-3 charged violated this Act or its rules or failed to comply with
5159-4 the conditions required in this Act or its rules. The hearing
5160-5 officer shall specify the nature of any violations or failure
5161-6 to comply and shall make his or her recommendations to the
5162-7 Secretary. In making recommendations for any disciplinary
5163-8 actions, the hearing officer may take into consideration all
5164-9 facts and circumstances bearing upon the reasonableness of the
5165-10 conduct of the person charged accused and the potential for
5166-11 future harm to the public, including, but not limited to,
5167-12 previous discipline of the accused by the Department, intent,
5168-13 degree of harm to the public and likelihood of harm in the
5169-14 future, any restitution made by the accused, and whether the
5170-15 incident or incidents contained in the complaint appear to be
5171-16 isolated or represent a continuing pattern of conduct. In
5172-17 making his or her recommendations for discipline, the hearing
5173-18 officer shall endeavor to ensure that the severity of the
5174-19 discipline recommended is reasonably related to the severity
5175-20 of the violation. The report of findings of fact, conclusions
5176-21 of law, and recommendation of the hearing officer shall be the
5177-22 basis for the Department's order refusing to issue, restore,
5178-23 or renew a registration, or otherwise disciplining a person
5179-24 registrant. If the Secretary disagrees with the
5180-25 recommendations of the hearing officer, the Secretary may
5181-26 issue an order in contravention of the hearing officer
5182-
5183-
5184-
5185-
5186-
5187- HB2207 Engrossed - 146 - LRB103 27667 AMQ 54044 b
5188-
5189-
5190-HB2207 Engrossed- 147 -LRB103 27667 AMQ 54044 b HB2207 Engrossed - 147 - LRB103 27667 AMQ 54044 b
5191- HB2207 Engrossed - 147 - LRB103 27667 AMQ 54044 b
5192-1 recommendations. The finding is not admissible in evidence
5193-2 against the person in a criminal prosecution brought for a
5194-3 violation of this Act, but the hearing and finding are not a
5195-4 bar to a criminal prosecution brought for a violation of this
5196-5 Act.
5197-6 (Source: P.A. 97-602, eff. 8-26-11.)
5198-
5199-
5200-
5201-
5202-
5203- HB2207 Engrossed - 147 - LRB103 27667 AMQ 54044 b
4889+20 (c) The Governor may terminate the appointment of a member
4890+21 for cause that, in the opinion of the Governor, reasonably
4891+22 justifies the termination. Cause for termination may include,
4892+23 without limitation, misconduct, incapacity, neglect of duty,
4893+24 or missing 4 Board meetings during any one fiscal year.
4894+25 (d) A majority of the Board members shall constitute a
4895+26 quorum. A vacancy in the membership of the Board shall not
4896+
4897+
4898+
4899+
4900+
4901+ HB2207 - 137 - LRB103 27667 AMQ 54044 b
4902+
4903+
4904+HB2207- 138 -LRB103 27667 AMQ 54044 b HB2207 - 138 - LRB103 27667 AMQ 54044 b
4905+ HB2207 - 138 - LRB103 27667 AMQ 54044 b
4906+1 impair the right of a quorum to exercise all of the rights and
4907+2 perform all of the duties of the Board.
4908+3 (e) The Board shall meet at least monthly and may be
4909+4 convened by the Chairperson, Vice-Chairperson, or 3 members of
4910+5 the Board upon 10 days written notice.
4911+6 (f) The Board shall, annually at the first meeting of the
4912+7 fiscal year, elect a Chairperson and Vice-Chairperson from its
4913+8 members. The Chairperson shall preside over the meetings and
4914+9 shall coordinate with the Coordinator in developing and
4915+10 distributing an agenda for each meeting. In the absence of the
4916+11 Chairperson, the Vice-Chairperson shall preside over the
4917+12 meeting.
4918+13 (g) The Coordinator shall serve as a member of the Board
4919+14 without vote.
4920+15 (h) The Board shall advise and make recommendations to the
4921+16 Department on the education and experience qualifications of
4922+17 any applicant for initial licensure as a State certified
4923+18 general real estate appraiser or a State certified residential
4924+19 real estate appraiser. The Department shall not make any
4925+20 decisions concerning education or experience qualifications of
4926+21 an applicant for initial licensure as a State certified
4927+22 general real estate appraiser or a State certified residential
4928+23 real estate appraiser without having first received the advice
4929+24 and recommendation of the Board and shall give due
4930+25 consideration to all such advice and recommendations; however,
4931+26 if the Board does not render advice or make a recommendation
4932+
4933+
4934+
4935+
4936+
4937+ HB2207 - 138 - LRB103 27667 AMQ 54044 b
4938+
4939+
4940+HB2207- 139 -LRB103 27667 AMQ 54044 b HB2207 - 139 - LRB103 27667 AMQ 54044 b
4941+ HB2207 - 139 - LRB103 27667 AMQ 54044 b
4942+1 within a reasonable amount of time, then the Department may
4943+2 render a decision.
4944+3 (i) Except as provided in Section 15-17 of this Act, the
4945+4 Board shall hear and make recommendations to the Secretary on
4946+5 disciplinary matters that require a formal evidentiary
4947+6 hearing. The Secretary shall give due consideration to the
4948+7 recommendations of the Board involving discipline and
4949+8 questions involving standards of professional conduct of
4950+9 licensees.
4951+10 (j) The Department shall seek and the Board shall provide
4952+11 recommendations to the Department consistent with the
4953+12 provisions of this Act and for the administration and
4954+13 enforcement of all rules adopted pursuant to this Act. The
4955+14 Department shall give due consideration to such
4956+15 recommendations prior to adopting rules.
4957+16 (k) The Department shall seek and the Board shall provide
4958+17 recommendations to the Department on the approval of all
4959+18 courses submitted to the Department pursuant to this Act and
4960+19 the rules adopted pursuant to this Act. The Department shall
4961+20 not approve any courses without having first received the
4962+21 recommendation of the Board and shall give due consideration
4963+22 to such recommendations prior to approving and licensing
4964+23 courses; however, if the Board does not make a recommendation
4965+24 within a reasonable amount of time, then the Department may
4966+25 approve courses.
4967+26 (l) Each voting member of the Board may receive a per diem
4968+
4969+
4970+
4971+
4972+
4973+ HB2207 - 139 - LRB103 27667 AMQ 54044 b
4974+
4975+
4976+HB2207- 140 -LRB103 27667 AMQ 54044 b HB2207 - 140 - LRB103 27667 AMQ 54044 b
4977+ HB2207 - 140 - LRB103 27667 AMQ 54044 b
4978+1 stipend in an amount to be determined by the Secretary. While
4979+2 engaged in the performance of duties, each member shall be
4980+3 reimbursed for necessary expenses.
4981+4 (m) Members of the Board shall be immune from suit in an
4982+5 action based upon any disciplinary proceedings or other acts
4983+6 performed in good faith as members of the Board.
4984+7 (n) If the Department disagrees with any advice or
4985+8 recommendation provided by the Board under this Section to the
4986+9 Secretary or the Department, then notice of such disagreement
4987+10 must be provided to the Board by the Department.
4988+11 (o) (Blank).
4989+12 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
4990+13 Section 35. The Appraisal Management Company Registration
4991+14 Act is amended by changing Sections 65, 75, and 95 as follows:
4992+15 (225 ILCS 459/65)
4993+16 Sec. 65. Disciplinary actions.
4994+17 (a) The Department may refuse to issue or renew, or may
4995+18 revoke, suspend, place on probation, reprimand, or take other
4996+19 disciplinary or non-disciplinary action as the Department may
4997+20 deem appropriate, including imposing fines not to exceed
4998+21 $25,000 for each violation upon any registrant or applicant
4999+22 under this Act or entity who holds oneself or itself out as an
5000+23 applicant or registrant , with regard to any registration for
5001+24 any one or combination of the following:
5002+
5003+
5004+
5005+
5006+
5007+ HB2207 - 140 - LRB103 27667 AMQ 54044 b
5008+
5009+
5010+HB2207- 141 -LRB103 27667 AMQ 54044 b HB2207 - 141 - LRB103 27667 AMQ 54044 b
5011+ HB2207 - 141 - LRB103 27667 AMQ 54044 b
5012+1 (1) Material misstatement in furnishing information to
5013+2 the Department.
5014+3 (2) Violations of this Act, or of the rules adopted
5015+4 under this Act.
5016+5 (3) Conviction of, or entry of a plea of guilty or nolo
5017+6 contendere to any crime that is a felony under the laws of
5018+7 the United States or any state or territory thereof or
5019+8 that is a misdemeanor of which an essential element is
5020+9 dishonesty, or any crime that is directly related to the
5021+10 practice of the profession.
5022+11 (4) Making any misrepresentation for the purpose of
5023+12 obtaining registration or violating any provision of this
5024+13 Act or the rules adopted under this Act pertaining to
5025+14 advertising.
5026+15 (5) Professional incompetence.
5027+16 (6) Gross malpractice.
5028+17 (7) Aiding or assisting another person in violating
5029+18 any provision of this Act or rules adopted under this Act.
5030+19 (8) Failing, within 30 days after requested, to
5031+20 provide information in response to a written request made
5032+21 by the Department.
5033+22 (9) Engaging in dishonorable, unethical, or
5034+23 unprofessional conduct of a character likely to deceive,
5035+24 defraud, or harm the public.
5036+25 (10) Discipline by another state, District of
5037+26 Columbia, territory, or foreign nation, if at least one of
5038+
5039+
5040+
5041+
5042+
5043+ HB2207 - 141 - LRB103 27667 AMQ 54044 b
5044+
5045+
5046+HB2207- 142 -LRB103 27667 AMQ 54044 b HB2207 - 142 - LRB103 27667 AMQ 54044 b
5047+ HB2207 - 142 - LRB103 27667 AMQ 54044 b
5048+1 the grounds for the discipline is the same or
5049+2 substantially equivalent to those set forth in this
5050+3 Section.
5051+4 (11) A finding by the Department that the registrant,
5052+5 after having the registrant's his or her registration
5053+6 placed on probationary status, has violated the terms of
5054+7 probation.
5055+8 (12) Willfully making or filing false records or
5056+9 reports in the registrant's his or her practice,
5057+10 including, but not limited to, false records filed with
5058+11 State agencies or departments.
5059+12 (13) Filing false statements for collection of fees
5060+13 for which services are not rendered.
5061+14 (14) Practicing under a false or, except as provided
5062+15 by law, an assumed name.
5063+16 (15) Fraud or misrepresentation in applying for, or
5064+17 procuring, a registration under this Act or in connection
5065+18 with applying for renewal of a registration under this
5066+19 Act.
5067+20 (16) Being adjudicated liable in a civil proceeding
5068+21 for violation of a state or federal fair housing law.
5069+22 (17) Failure to obtain or maintain the bond required
5070+23 under Section 50 of this Act.
5071+24 (18) Failure to pay appraiser panel fees or appraisal
5072+25 management company national registry fees.
5073+26 (19) Violating the terms of any order issued by the
5074+
5075+
5076+
5077+
5078+
5079+ HB2207 - 142 - LRB103 27667 AMQ 54044 b
5080+
5081+
5082+HB2207- 143 -LRB103 27667 AMQ 54044 b HB2207 - 143 - LRB103 27667 AMQ 54044 b
5083+ HB2207 - 143 - LRB103 27667 AMQ 54044 b
5084+1 Department.
5085+2 (b) The Department may refuse to issue or may suspend
5086+3 without hearing as provided for in the Civil Administrative
5087+4 Code of Illinois the registration of any person who fails to
5088+5 file a return, or to pay the tax, penalty, or interest shown in
5089+6 a filed return, or to pay any final assessment of the tax,
5090+7 penalty, or interest as required by any tax Act administered
5091+8 by the Illinois Department of Revenue, until such time as the
5092+9 requirements of any such tax Act are satisfied.
5093+10 (c) An appraisal management company shall not be
5094+11 registered or included on the national registry if the
5095+12 company, in whole or in part, directly or indirectly, is owned
5096+13 by a person who has had an appraiser license or certificate
5097+14 refused, denied, canceled, surrendered in lieu of revocation,
5098+15 or revoked under the Real Estate Appraiser Licensing Act of
5099+16 2002 or the rules adopted under that Act, or similar
5100+17 discipline by another state, the District of Columbia, a
5101+18 territory, a foreign nation, a governmental agency, or an
5102+19 entity authorized to impose discipline if at least one of the
5103+20 grounds for that discipline is the same as or the equivalent of
5104+21 one of the grounds for which a licensee may be disciplined as
5105+22 set forth under this Section.
5106+23 (Source: P.A. 100-604, eff. 7-13-18; 101-81, eff. 7-12-19.)
5107+24 (225 ILCS 459/75)
5108+25 Sec. 75. Investigations; notice and hearing. The
5109+
5110+
5111+
5112+
5113+
5114+ HB2207 - 143 - LRB103 27667 AMQ 54044 b
5115+
5116+
5117+HB2207- 144 -LRB103 27667 AMQ 54044 b HB2207 - 144 - LRB103 27667 AMQ 54044 b
5118+ HB2207 - 144 - LRB103 27667 AMQ 54044 b
5119+1 Department may investigate the actions of any person who is an
5120+2 applicant or of any person or persons rendering or offering to
5121+3 render any services requiring registration under this Act or
5122+4 any person holding or claiming to hold a registration as an
5123+5 appraisal management company. The Department shall, before
5124+6 revoking, suspending, placing on probation, reprimanding, or
5125+7 taking any other disciplinary or non-disciplinary action under
5126+8 Section 65 of this Act, at least 30 days before the date set
5127+9 for the hearing, (i) notify the person charged accused in
5128+10 writing of the charges made and the time and place for the
5129+11 hearing on the charges, (ii) direct the person him or her to
5130+12 file a written answer to the charges with the Department under
5131+13 oath within 20 days after the service on him or her of the
5132+14 notice, and (iii) inform the person accused that, if the
5133+15 person he or she fails to answer, default will be entered taken
5134+16 against him or her or that the person's his or her registration
5135+17 may be suspended, revoked, placed on probationary status, or
5136+18 other disciplinary action taken with regard to the
5137+19 registration, including limiting the scope, nature, or extent
5138+20 of the person's his or her practice, as the Department may
5139+21 consider proper. At the time and place fixed in the notice, the
5140+22 Department shall proceed to hear the charges and the parties
5141+23 or their counsel shall be accorded ample opportunity to
5142+24 present any pertinent statements, testimony, evidence, and
5143+25 arguments. The Department may continue the hearing from time
5144+26 to time. In case the person, after receiving the notice, fails
5145+
5146+
5147+
5148+
5149+
5150+ HB2207 - 144 - LRB103 27667 AMQ 54044 b
5151+
5152+
5153+HB2207- 145 -LRB103 27667 AMQ 54044 b HB2207 - 145 - LRB103 27667 AMQ 54044 b
5154+ HB2207 - 145 - LRB103 27667 AMQ 54044 b
5155+1 to file an answer, the person's his or her registration may, in
5156+2 the discretion of the Department, be suspended, revoked,
5157+3 placed on probationary status, or the Department may take
5158+4 whatever disciplinary action considered proper, including
5159+5 limiting the scope, nature, or extent of the person's practice
5160+6 or the imposition of a fine, without a hearing, if the act or
5161+7 acts charged constitute sufficient grounds for that action
5162+8 under this Act. The written notice may be served by personal
5163+9 delivery or by certified mail or electronic mail to the last
5164+10 address of record or email address of record as provided to
5165+11 specified by the accused in his or her last notification with
5166+12 the Department.
5167+13 (Source: P.A. 97-602, eff. 8-26-11.)
5168+14 (225 ILCS 459/95)
5169+15 Sec. 95. Findings and recommendations. At the conclusion
5170+16 of the hearing, the designated hearing officer shall present
5171+17 to the Secretary a written report of his or her findings of
5172+18 fact, conclusions of law, and recommendations. The report
5173+19 shall contain a finding whether or not the accused person
5174+20 charged violated this Act or its rules or failed to comply with
5175+21 the conditions required in this Act or its rules. The hearing
5176+22 officer shall specify the nature of any violations or failure
5177+23 to comply and shall make his or her recommendations to the
5178+24 Secretary. In making recommendations for any disciplinary
5179+25 actions, the hearing officer may take into consideration all
5180+
5181+
5182+
5183+
5184+
5185+ HB2207 - 145 - LRB103 27667 AMQ 54044 b
5186+
5187+
5188+HB2207- 146 -LRB103 27667 AMQ 54044 b HB2207 - 146 - LRB103 27667 AMQ 54044 b
5189+ HB2207 - 146 - LRB103 27667 AMQ 54044 b
5190+1 facts and circumstances bearing upon the reasonableness of the
5191+2 conduct of the person charged accused and the potential for
5192+3 future harm to the public, including, but not limited to,
5193+4 previous discipline of the accused by the Department, intent,
5194+5 degree of harm to the public and likelihood of harm in the
5195+6 future, any restitution made by the accused, and whether the
5196+7 incident or incidents contained in the complaint appear to be
5197+8 isolated or represent a continuing pattern of conduct. In
5198+9 making his or her recommendations for discipline, the hearing
5199+10 officer shall endeavor to ensure that the severity of the
5200+11 discipline recommended is reasonably related to the severity
5201+12 of the violation. The report of findings of fact, conclusions
5202+13 of law, and recommendation of the hearing officer shall be the
5203+14 basis for the Department's order refusing to issue, restore,
5204+15 or renew a registration, or otherwise disciplining a person
5205+16 registrant. If the Secretary disagrees with the
5206+17 recommendations of the hearing officer, the Secretary may
5207+18 issue an order in contravention of the hearing officer
5208+19 recommendations. The finding is not admissible in evidence
5209+20 against the person in a criminal prosecution brought for a
5210+21 violation of this Act, but the hearing and finding are not a
5211+22 bar to a criminal prosecution brought for a violation of this
5212+23 Act.
5213+24 (Source: P.A. 97-602, eff. 8-26-11.)
5214+HB2207- 147 -LRB103 27667 AMQ 54044 b 1 INDEX 2 Statutes amended in order of appearance 3 225 ILCS 407/10-30 4 225 ILCS 407/10-40 5 225 ILCS 407/10-50 6 225 ILCS 407/20-15 7 225 ILCS 407/20-43 8 225 ILCS 407/20-50 9 225 ILCS 407/20-65 10 225 ILCS 407/20-110 new11 225 ILCS 407/20-115 new12 225 ILCS 407/25-110 new13 225 ILCS 407/25-115 new 14 225 ILCS 407/30-30 15 225 ILCS 427/2516 225 ILCS 427/3217 225 ILCS 427/6018 225 ILCS 427/8519 225 ILCS 427/9520 225 ILCS 427/130 21 225 ILCS 441/5-10 22 225 ILCS 441/5-14 23 225 ILCS 441/5-16 24 225 ILCS 441/5-17 25 225 ILCS 441/15-10 HB2207- 148 -LRB103 27667 AMQ 54044 b 1 225 ILCS 441/15-11 2 225 ILCS 441/15-15 3 225 ILCS 441/25-27 4 225 ILCS 454/1-10 5 225 ILCS 454/5-6 6 225 ILCS 454/5-10 7 225 ILCS 454/5-20 8 225 ILCS 454/5-29 9 225 ILCS 454/5-50 10 225 ILCS 454/5-60 11 225 ILCS 454/5-75 12 225 ILCS 454/10-25 13 225 ILCS 454/10-30 14 225 ILCS 454/20-20 15 225 ILCS 454/20-20.116 225 ILCS 454/20-21.1 new17 225 ILCS 454/20-2218 225 ILCS 454/20-23 19 225 ILCS 454/20-25 20 225 ILCS 454/20-60 21 225 ILCS 454/20-6922 225 ILCS 454/20-72 23 225 ILCS 454/25-10 24 225 ILCS 454/25-25 25 225 ILCS 454/25-21 rep. 26 225 ILCS 458/1-10 HB2207- 149 -LRB103 27667 AMQ 54044 b HB2207- 147 -LRB103 27667 AMQ 54044 b HB2207 - 147 - LRB103 27667 AMQ 54044 b 1 INDEX 2 Statutes amended in order of appearance 3 225 ILCS 407/10-30 4 225 ILCS 407/10-40 5 225 ILCS 407/10-50 6 225 ILCS 407/20-15 7 225 ILCS 407/20-43 8 225 ILCS 407/20-50 9 225 ILCS 407/20-65 10 225 ILCS 407/20-110 new 11 225 ILCS 407/20-115 new 12 225 ILCS 407/25-110 new 13 225 ILCS 407/25-115 new 14 225 ILCS 407/30-30 15 225 ILCS 427/25 16 225 ILCS 427/32 17 225 ILCS 427/60 18 225 ILCS 427/85 19 225 ILCS 427/95 20 225 ILCS 427/130 21 225 ILCS 441/5-10 22 225 ILCS 441/5-14 23 225 ILCS 441/5-16 24 225 ILCS 441/5-17 25 225 ILCS 441/15-10 HB2207- 148 -LRB103 27667 AMQ 54044 b HB2207 - 148 - LRB103 27667 AMQ 54044 b 1 225 ILCS 441/15-11 2 225 ILCS 441/15-15 3 225 ILCS 441/25-27 4 225 ILCS 454/1-10 5 225 ILCS 454/5-6 6 225 ILCS 454/5-10 7 225 ILCS 454/5-20 8 225 ILCS 454/5-29 9 225 ILCS 454/5-50 10 225 ILCS 454/5-60 11 225 ILCS 454/5-75 12 225 ILCS 454/10-25 13 225 ILCS 454/10-30 14 225 ILCS 454/20-20 15 225 ILCS 454/20-20.1 16 225 ILCS 454/20-21.1 new 17 225 ILCS 454/20-22 18 225 ILCS 454/20-23 19 225 ILCS 454/20-25 20 225 ILCS 454/20-60 21 225 ILCS 454/20-69 22 225 ILCS 454/20-72 23 225 ILCS 454/25-10 24 225 ILCS 454/25-25 25 225 ILCS 454/25-21 rep. 26 225 ILCS 458/1-10 HB2207- 149 -LRB103 27667 AMQ 54044 b HB2207 - 149 - LRB103 27667 AMQ 54044 b
5215+HB2207- 147 -LRB103 27667 AMQ 54044 b HB2207 - 147 - LRB103 27667 AMQ 54044 b
5216+ HB2207 - 147 - LRB103 27667 AMQ 54044 b
5217+1 INDEX
5218+2 Statutes amended in order of appearance
5219+3 225 ILCS 407/10-30
5220+4 225 ILCS 407/10-40
5221+5 225 ILCS 407/10-50
5222+6 225 ILCS 407/20-15
5223+7 225 ILCS 407/20-43
5224+8 225 ILCS 407/20-50
5225+9 225 ILCS 407/20-65
5226+10 225 ILCS 407/20-110 new
5227+11 225 ILCS 407/20-115 new
5228+12 225 ILCS 407/25-110 new
5229+13 225 ILCS 407/25-115 new
5230+14 225 ILCS 407/30-30
5231+15 225 ILCS 427/25
5232+16 225 ILCS 427/32
5233+17 225 ILCS 427/60
5234+18 225 ILCS 427/85
5235+19 225 ILCS 427/95
5236+20 225 ILCS 427/130
5237+21 225 ILCS 441/5-10
5238+22 225 ILCS 441/5-14
5239+23 225 ILCS 441/5-16
5240+24 225 ILCS 441/5-17
5241+25 225 ILCS 441/15-10
5242+HB2207- 148 -LRB103 27667 AMQ 54044 b HB2207 - 148 - LRB103 27667 AMQ 54044 b
5243+ HB2207 - 148 - LRB103 27667 AMQ 54044 b
5244+1 225 ILCS 441/15-11
5245+2 225 ILCS 441/15-15
5246+3 225 ILCS 441/25-27
5247+4 225 ILCS 454/1-10
5248+5 225 ILCS 454/5-6
5249+6 225 ILCS 454/5-10
5250+7 225 ILCS 454/5-20
5251+8 225 ILCS 454/5-29
5252+9 225 ILCS 454/5-50
5253+10 225 ILCS 454/5-60
5254+11 225 ILCS 454/5-75
5255+12 225 ILCS 454/10-25
5256+13 225 ILCS 454/10-30
5257+14 225 ILCS 454/20-20
5258+15 225 ILCS 454/20-20.1
5259+16 225 ILCS 454/20-21.1 new
5260+17 225 ILCS 454/20-22
5261+18 225 ILCS 454/20-23
5262+19 225 ILCS 454/20-25
5263+20 225 ILCS 454/20-60
5264+21 225 ILCS 454/20-69
5265+22 225 ILCS 454/20-72
5266+23 225 ILCS 454/25-10
5267+24 225 ILCS 454/25-25
5268+25 225 ILCS 454/25-21 rep.
5269+26 225 ILCS 458/1-10
5270+HB2207- 149 -LRB103 27667 AMQ 54044 b HB2207 - 149 - LRB103 27667 AMQ 54044 b
5271+ HB2207 - 149 - LRB103 27667 AMQ 54044 b
5272+
5273+
5274+
5275+
5276+
5277+ HB2207 - 146 - LRB103 27667 AMQ 54044 b
5278+
5279+
5280+
5281+HB2207- 147 -LRB103 27667 AMQ 54044 b HB2207 - 147 - LRB103 27667 AMQ 54044 b
5282+ HB2207 - 147 - LRB103 27667 AMQ 54044 b
5283+1 INDEX
5284+2 Statutes amended in order of appearance
5285+3 225 ILCS 407/10-30
5286+4 225 ILCS 407/10-40
5287+5 225 ILCS 407/10-50
5288+6 225 ILCS 407/20-15
5289+7 225 ILCS 407/20-43
5290+8 225 ILCS 407/20-50
5291+9 225 ILCS 407/20-65
5292+10 225 ILCS 407/20-110 new
5293+11 225 ILCS 407/20-115 new
5294+12 225 ILCS 407/25-110 new
5295+13 225 ILCS 407/25-115 new
5296+14 225 ILCS 407/30-30
5297+15 225 ILCS 427/25
5298+16 225 ILCS 427/32
5299+17 225 ILCS 427/60
5300+18 225 ILCS 427/85
5301+19 225 ILCS 427/95
5302+20 225 ILCS 427/130
5303+21 225 ILCS 441/5-10
5304+22 225 ILCS 441/5-14
5305+23 225 ILCS 441/5-16
5306+24 225 ILCS 441/5-17
5307+25 225 ILCS 441/15-10
5308+
5309+
5310+
5311+
5312+
5313+ HB2207 - 147 - LRB103 27667 AMQ 54044 b
5314+
5315+
5316+HB2207- 148 -LRB103 27667 AMQ 54044 b HB2207 - 148 - LRB103 27667 AMQ 54044 b
5317+ HB2207 - 148 - LRB103 27667 AMQ 54044 b
5318+1 225 ILCS 441/15-11
5319+2 225 ILCS 441/15-15
5320+3 225 ILCS 441/25-27
5321+4 225 ILCS 454/1-10
5322+5 225 ILCS 454/5-6
5323+6 225 ILCS 454/5-10
5324+7 225 ILCS 454/5-20
5325+8 225 ILCS 454/5-29
5326+9 225 ILCS 454/5-50
5327+10 225 ILCS 454/5-60
5328+11 225 ILCS 454/5-75
5329+12 225 ILCS 454/10-25
5330+13 225 ILCS 454/10-30
5331+14 225 ILCS 454/20-20
5332+15 225 ILCS 454/20-20.1
5333+16 225 ILCS 454/20-21.1 new
5334+17 225 ILCS 454/20-22
5335+18 225 ILCS 454/20-23
5336+19 225 ILCS 454/20-25
5337+20 225 ILCS 454/20-60
5338+21 225 ILCS 454/20-69
5339+22 225 ILCS 454/20-72
5340+23 225 ILCS 454/25-10
5341+24 225 ILCS 454/25-25
5342+25 225 ILCS 454/25-21 rep.
5343+26 225 ILCS 458/1-10
5344+
5345+
5346+
5347+
5348+
5349+ HB2207 - 148 - LRB103 27667 AMQ 54044 b
5350+
5351+
5352+HB2207- 149 -LRB103 27667 AMQ 54044 b HB2207 - 149 - LRB103 27667 AMQ 54044 b
5353+ HB2207 - 149 - LRB103 27667 AMQ 54044 b
5354+
5355+
5356+
5357+
5358+
5359+ HB2207 - 149 - LRB103 27667 AMQ 54044 b