Illinois Senate Bill SB1866 Chaptered / Bill

                    Public Act 103-0236
SB1866 EnrolledLRB103 26535 AMQ 52898 b SB1866 Enrolled LRB103 26535 AMQ 52898 b
SB1866 Enrolled LRB103 26535 AMQ 52898 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Auction License Act is amended by changing
Sections 10-30, 10-40, 10-50, 20-15, 20-43, 20-50, 20-65, and
30-30 and by adding Sections 20-110, 20-115, 25-110, and
25-115 as follows:
(225 ILCS 407/10-30)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-30. Expiration, renewal, and continuing education.
(a) License expiration dates, renewal periods, renewal
fees, and procedures for renewal of licenses issued under this
Act shall be set by rule of the Department. An entity may renew
its license by paying the required fee and by meeting the
renewal requirements adopted by the Department under this
Section.
(b) All renewal applicants must provide proof as
determined by the Department of having met the continuing
education requirements by the deadline set forth by the
Department by rule. At a minimum, the rules shall require an
applicant for renewal licensure as an auctioneer to provide
proof of the completion of at least 12 hours of continuing
education during the pre-renewal period established by the

 

SB1866 Enrolled LRB103 26535 AMQ 52898 b


Department for completion of continuing education from schools
approved by the Department, as established by rule.
(c) The Department, in its discretion, may waive
enforcement of the continuing education requirements of this
Section and shall adopt rules defining the standards and
criteria for such waiver.
(d) (Blank).
(e) The Department shall not issue or renew a license if
the applicant or licensee has an unpaid fine or fee from a
disciplinary matter or from a non-disciplinary action imposed
by the Department until the fine or fee is paid to the
Department or the applicant or licensee has entered into a
payment plan and is current on the required payments.
(f) The Department shall not issue or renew a license if
the applicant or licensee has an unpaid fine or civil penalty
imposed by the Department for unlicensed practice until the
fine or civil penalty is paid to the Department or the
applicant or licensee has entered into a payment plan and is
current on the required payments.
(Source: P.A. 102-970, eff. 5-27-22.)
(225 ILCS 407/10-40)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-40. Restoration.
(a) A licensee whose license has lapsed or expired shall
have 2 years from the expiration date to restore licensure his


or her license without examination. The expired licensee shall
make application to the Department on forms provided by the
Department, provide evidence of successful completion of 12
hours of approved continuing education during the period of
time the license had lapsed, and pay all fees and penalties as
established by rule.
(b) Notwithstanding any other provisions of this Act to
the contrary, any licensee whose license under this Act has
expired is eligible to restore such license without paying any
lapsed fees and penalties if the license expired while the
licensee was:
(1) on active duty with the United States Army, United
States Marine Corps, United States Navy, United States Air
Force, United States Coast Guard, the State Militia called
into service or training;
(2) engaged in training or education under the
supervision of the United States prior to induction into
military service; or
(3) serving as an employee of the Department, while
the employee was required to surrender the his or her
license due to a possible conflict of interest.
A licensee shall also be eligible to restore a license
under paragraphs (1), (2), and (3) without completing the
continuing education requirements for that licensure period.
For this subsection for a period of 2 years following the
termination of the service or education if the termination was


by other than dishonorable discharge and the licensee
furnishes the Department with an affidavit specifying that the
licensee has been so engaged.
(c) At any time after the suspension, revocation,
placement on probationary status, or other disciplinary action
taken under this Act with reference to any license, the
Department may restore the license to the licensee without
examination upon the order of the Secretary, if the licensee
submits a properly completed application, pays the appropriate
fees, and otherwise complies with the conditions of the order.
(Source: P.A. 101-345, eff. 8-9-19.)
(225 ILCS 407/10-50)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-50. Fees; disposition of funds.
(a) The Department shall establish by rule a schedule of
fees for the administration and maintenance of this Act. Such
fees shall be nonrefundable.
(b) Prior to July 1, 2023, all fees collected under this
Act shall be deposited into the General Professions Dedicated
Fund and appropriated to the Department for the ordinary and
contingent expenses of the Department in the administration of
this Act. Beginning on July 1, 2023, all fees, fines,
penalties, or other monies received or collected pursuant to
this Act shall be deposited in the Division of Real Estate
General Fund. On or after July 1, 2023, at the direction of the


Department, the Comptroller shall direct and the Treasurer
shall transfer the remaining balance of funds collected under
this Act from the General Professions Dedicated Fund to the
Division of Real Estate General Fund.
(Source: P.A. 102-970, eff. 5-27-22.)
(225 ILCS 407/20-15)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-15. Disciplinary actions; grounds. The Department
may refuse to issue or renew a license, may place on probation
or administrative supervision, suspend, or revoke any license
or may reprimand or take other disciplinary or
non-disciplinary action as the Department may deem proper,
including the imposition of fines not to exceed $10,000 for
each violation upon any licensee or applicant anyone licensed
under this Act or any person or entity who holds oneself out as
an applicant or licensee for any of the following reasons:
(1) False or fraudulent representation or material
misstatement in furnishing information to the Department
in obtaining or seeking to obtain a license.
(2) Violation of any provision of this Act or the
rules adopted under this Act.
(3) Conviction of or entry of a plea of guilty or nolo
contendere, as set forth in subsection (c) of Section
10-5, to any crime that is a felony or misdemeanor under
the laws of the United States or any state or territory


thereof, or entry of an administrative sanction by a
government agency in this State or any other jurisdiction.
(3.5) Failing to notify the Department, within 30 days
after the occurrence, of the information required in
subsection (c) of Section 10-5.
(4) Being adjudged to be a person under legal
disability or subject to involuntary admission or to meet
the standard for judicial admission as provided in the
Mental Health and Developmental Disabilities Code.
(5) Discipline of a licensee by another state, the
District of Columbia, a territory of the United States, a
foreign nation, a governmental agency, or any other entity
authorized to impose discipline if at least one of the
grounds for that discipline is the same as or the
equivalent to one of the grounds for discipline set forth
in this Act or for failing to report to the Department,
within 30 days, any adverse final action taken against the
licensee by any other licensing jurisdiction, government
agency, law enforcement agency, or court, or liability for
conduct that would constitute grounds for action as set
forth in this Act.
(6) Engaging in the practice of auctioneering,
conducting an auction, or providing an auction service
without a license or after the license was expired,
revoked, suspended, or terminated or while the license was
inoperative.


(7) Attempting to subvert or cheat on the auctioneer
exam or any continuing education exam, or aiding or
abetting another to do the same.
(8) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional service not actually or personally rendered,
except that an auctioneer licensed under this Act may
receive a fee from another licensed auctioneer from this
State or jurisdiction for the referring of a client or
prospect for auction services to the licensed auctioneer.
(9) Making any substantial misrepresentation or
untruthful advertising.
(10) Making any false promises of a character likely
to influence, persuade, or induce.
(11) Pursuing a continued and flagrant course of
misrepresentation or the making of false promises through
a licensee, agent, employee, advertising, or otherwise.
(12) Any misleading or untruthful advertising, or
using any trade name or insignia of membership in any
auctioneer association or organization of which the
licensee is not a member.
(13) Commingling funds of others with the licensee's
own funds or failing to keep the funds of others in an
escrow or trustee account.
(14) Failure to account for, remit, or return any


moneys, property, or documents coming into the licensee's
possession that belong to others, acquired through the
practice of auctioneering, conducting an auction, or
providing an auction service within 30 days of the written
request from the owner of said moneys, property, or
documents.
(15) Failure to maintain and deposit into a special
account, separate and apart from any personal or other
business accounts, all moneys belonging to others
entrusted to a licensee while acting as an auctioneer,
auction firm, or as a temporary custodian of the funds of
others.
(16) Failure to make available to Department personnel
during normal business hours all escrow and trustee
records and related documents maintained in connection
with the practice of auctioneering, conducting an auction,
or providing an auction service within 24 hours after a
request from Department personnel.
(17) Making or filing false records or reports in the
licensee's practice, including, but not limited to, false
records or reports filed with State agencies.
(18) Failing to voluntarily furnish copies of all
written instruments prepared by the auctioneer and signed
by all parties to all parties at the time of execution.
(19) Failing to provide information within 30 days in
response to a written request made by the Department.


(20) Engaging in any act that constitutes a violation
of Section 2-102, 3-103, or 3-105 of the Illinois Human
Rights Act.
(21) (Blank).
(22) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(23) Offering or advertising real estate for sale or
lease at auction without a valid broker or managing
broker's license under the Real Estate License Act of
1983, or any successor Act, unless exempt from licensure
under the terms of the Real Estate License Act of 2000, or
any successor Act, except as provided in Section 5-32 of
the Real Estate License Act of 2000.
(24) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, mental illness, or disability.
(25) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(26) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or a
neglected child as defined in the Abused and Neglected


Child Reporting Act.
(27) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(28) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(29) Violating the terms of any order issued by the
Department.
(Source: P.A. 101-345, eff. 8-9-19; 102-970, eff. 5-27-22.)
(225 ILCS 407/20-43)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-43. Investigations; notice and hearing. The
Department may investigate the actions or qualifications of
any person who is an applicant, unlicensed person, or person
rendering or offering to render auction services, or holding
or claiming to hold a license as a licensed auctioneer. At
least 30 days before any disciplinary hearing under this Act,
the Department shall: (i) notify the person charged accused in
writing of the charges made and the time and place of the
hearing; (ii) direct the person accused to file with the Board
a written answer under oath to the charges within 20 days of
receiving service of the notice; and (iii) inform the person
accused that if the person he or she fails to file an answer to


the charges within 20 days of receiving service of the notice,
a default judgment may be entered and the against him or her,
or his or her license may be suspended, revoked, placed on
probationary status, or other disciplinary action taken with
regard to the license as the Department may consider proper,
including, but not limited to, limiting the scope, nature, or
extent of the licensee's practice, or imposing a fine.
At the time and place of the hearing fixed in the notice,
the Board shall proceed to hear the charges, and the person
accused or person's his or her counsel shall be accorded ample
opportunity to present any pertinent statements, testimony,
evidence, and arguments in the person's his or her defense.
The Board may continue the hearing when it deems it
appropriate.
Notice of the hearing may be served by personal delivery,
by certified mail, or, at the discretion of the Department, by
an electronic means to the person's licensee's last known
address or email address of record or, if in the course of the
administrative proceeding the party has previously designated
a specific email address at which to accept electronic service
for that specific proceeding, by sending a copy by email to the
party's email address on record.
(Source: P.A. 101-345, eff. 8-9-19.)
(225 ILCS 407/20-50)
(Section scheduled to be repealed on January 1, 2030)


Sec. 20-50. Findings and recommendations. At the
conclusion of the hearing, the Board shall present to the
Secretary a written report of its findings of fact,
conclusions of law, and recommendations. The report shall
contain a finding whether or not the accused person charged
violated this Act or any rules promulgated pursuant to this
Act. The Board shall specify the nature of any violations and
shall make its recommendations to the Secretary. In making
recommendations for any disciplinary action, the Board may
take into consideration all facts and circumstances bearing
upon the reasonableness of the conduct of the person accused,
including, but not limited to, previous discipline of the
person accused by the Department, intent, degree of harm to
the public and likelihood of future harm to the public, any
restitution made by the person accused, and whether the
incident or incidents contained in the complaint appear to be
isolated or represent a continuing pattern of conduct. In
making its recommendations for discipline, the Board shall
endeavor to ensure that the severity of the discipline
recommended is reasonably proportional to the severity of the
violation.
The report of the Board's findings of fact, conclusions of
law, and recommendations shall be the basis for the
Department's decision to refuse to issue, restore, or renew a
license, or to take any other disciplinary action. If the
Secretary disagrees with the recommendations of the Board, the


Secretary may issue an order in contravention of the Board
recommendations. The report's findings are not admissible in
evidence against the person in a criminal prosecution brought
for a violation of this Act, but the hearing and findings are
not a bar to a criminal prosecution for the violation of this
Act.
If the Secretary disagrees in any regard with the report
of the Advisory Board, the Secretary may issue an order in
contravention of the report. The Secretary shall provide a
written report to the Advisory Board on any deviation and
shall specify with particularity the reasons for that action
in the final order.
(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
(225 ILCS 407/20-65)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-65. Restoration of license. At any time after the
suspension, or revocation, or probation of any license, the
Department may restore the license to the accused person upon
the written recommendation of the Advisory Board, unless after
an investigation and a hearing the Advisory Board determines
that restoration is not in the public interest.
(Source: P.A. 95-572, eff. 6-1-08.)
(225 ILCS 407/20-110 new)
Sec. 20-110. Cease and desist orders. The Department may


issue a cease and desist order to a person who engages in
activities prohibited by this Act. Any person in violation of
a cease and desist order issued by the Department is subject to
all of the penalties provided by law.
(225 ILCS 407/20-115 new)
Sec. 20-115. Statute of limitations. No action may be
taken under this Act against a person or entity licensed under
this Act unless the action is commenced within 5 years after
the occurrence of the alleged violation. A continuing
violation is deemed to have occurred on the date when the
circumstances last existed that gave rise to the alleged
continuing violation.
(225 ILCS 407/25-110 new)
Sec. 25-110. Licensing of auction schools.
(a) Only an auction school licensed by the Department may
provide the continuing education courses required for
licensure under this Act.
(b) An auction school may also provide the course required
to obtain the real estate auction certification in Section
5-32 of the Real Estate License Act of 2000. The course shall
be approved by the Real Estate Administration and Disciplinary
Board pursuant to Section 25-10 of the Real Estate License Act
of 2000.
(c) A person or entity seeking to be licensed as an auction


school under this Act shall provide satisfactory evidence of
the following:
(1) a sound financial base for establishing,
promoting, and delivering the necessary courses;
(2) a sufficient number of qualified instructors;
(3) adequate support personnel to assist with
administrative matters and technical assistance;
(4) a qualified school administrator, who is
responsible for the administration of the school, courses,
and the actions of the instructors;
(5) proof of good standing with the Secretary of State
and authority to conduct business in this State; and
(6) any other requirements provided by rule.
(d) All applicants for an auction schools license shall
make initial application to the Department in a manner
prescribed by the Department and pay the appropriate fee as
provided by rule. In addition to any other information
required to be contained in the application as prescribed by
rule, every application for an original or renewed license
shall include the applicant's Taxpayer Identification Number.
The term, expiration date, and renewal of an auction schools
license shall be established by rule.
(e) An auction school shall provide each successful course
participant with a certificate of completion signed by the
school administrator. The format and content of the
certificate shall be specified by rule.


(f) All auction schools shall provide to the Department a
roster of all successful course participants as provided by
rule.
(225 ILCS 407/25-115 new)
Sec. 25-115. Course approval.
(a) Only courses that are approved by the Department and
offered by licensed auction schools shall be used to meet the
requirements of this Act and rules.
(b) An auction school licensed under this Act may submit
courses to the Department for approval. The criteria,
requirements, and fees for courses shall be established by
rule.
(c) For each course approved, the Department shall issue
certification of course approval to the auction school. The
term, expiration date, and renewal of a course approval shall
be established by rule.
(225 ILCS 407/30-30)
(Section scheduled to be repealed on January 1, 2030)
Sec. 30-30. Auction Advisory Board.
(a) There is hereby created the Auction Advisory Board.
The Advisory Board shall consist of 7 members and shall be
appointed by the Secretary. In making the appointments, the
Secretary shall give due consideration to the recommendations
by members and organizations of the industry, including, but


not limited to, the Illinois State Auctioneers Association.
Five members of the Advisory Board shall be licensed
auctioneers. One member shall be a public member who
represents the interests of consumers and who is not licensed
under this Act or the spouse of a person licensed under this
Act or who has any responsibility for management or formation
of policy of or any financial interest in the auctioneering
profession. One member shall be actively engaged in the real
estate industry and licensed as a broker or managing broker.
The Advisory Board shall annually elect, at its first meeting
of the fiscal year, one of its members to serve as Chairperson.
(b) The members' terms shall be for 4 years and until a
successor is appointed. No member shall be reappointed to the
Board for a term that would cause the member's cumulative
service to the Board to exceed 12 10 years. Appointments to
fill vacancies shall be made by the Secretary for the
unexpired portion of the term. To the extent practicable, the
Secretary shall appoint members to ensure that the various
geographic regions of the State are properly represented on
the Advisory Board. The Secretary shall remove from the Board
any member whose license has been revoked or suspended and may
remove any member of the Board for neglect of duty,
misconduct, incompetence, or for missing 2 board meetings
during any one fiscal year.
(c) Four Board members shall constitute a quorum. A quorum
is required for all Board decisions. A vacancy in the


membership of the Board shall not impair the right of a quorum
to exercise all of the rights and perform all of the duties of
the Board.
(d) Each member of the Advisory Board may receive a per
diem stipend in an amount to be determined by the Secretary.
While engaged in the performance of duties, each member shall
be reimbursed for necessary expenses.
(e) Members of the Advisory Board shall be immune from
suit in an action based upon any disciplinary proceedings or
other acts performed in good faith as members of the Advisory
Board.
(f) The Advisory Board shall meet as convened by the
Department.
(g) The Advisory Board shall advise the Department on
matters of licensing and education and make recommendations to
the Department on those matters and shall hear and make
recommendations to the Secretary on disciplinary matters that
require a formal evidentiary hearing.
(h) The Secretary shall give due consideration to all
recommendations of the Advisory Board.
(Source: P.A. 102-970, eff. 5-27-22.)
Section 10. The Community Association Manager Licensing
and Disciplinary Act is amended by changing Sections 25, 32,
60, 85, 95, and 130 as follows:


(225 ILCS 427/25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25. Community Association Manager Licensing and
Disciplinary Board.
(a) There is hereby created the Community Association
Manager Licensing and Disciplinary Board, which shall consist
of 7 members appointed by the Secretary. All members must be
residents of the State and must have resided in the State for
at least 5 years immediately preceding the date of
appointment. Five members of the Board must be licensees under
this Act. Two members of the Board shall be owners of, or hold
a shareholder's interest in, a unit in a community association
at the time of appointment who are not licensees under this Act
and have no direct affiliation with the community
association's community association manager. This Board shall
act in an advisory capacity to the Department.
(b) The term of each member shall be for 4 years and until
that member's successor is appointed. No member shall be
reappointed to the Board for a term that would cause the
member's cumulative service to the Board to exceed 12 10
years. Appointments to fill vacancies shall be made by the
Secretary for the unexpired portion of the term. The Secretary
shall remove from the Board any member whose license has
become void or has been revoked or suspended and may remove any
member of the Board for neglect of duty, misconduct, or
incompetence, or for missing 2 board meetings during any one


fiscal year. A member who is subject to formal disciplinary
proceedings shall be disqualified from all Board business
until the charge is resolved. A member also shall be
disqualified from any matter on which the member cannot act
objectively.
(c) Four Board members shall constitute a quorum. A quorum
is required for all Board decisions. A vacancy in the
membership of the Board shall not impair the right of a quorum
to exercise all of the rights and perform all of the duties of
the Board.
(d) The Board shall elect annually, at its first meeting
of the fiscal year, a chairperson and vice chairperson.
(e) Each member shall be reimbursed for necessary expenses
incurred in carrying out the duties as a Board member. The
Board may receive a per diem stipend in an amount to be
determined by the Secretary.
(f) The Board may recommend policies, procedures, and
rules relevant to the administration and enforcement of this
Act.
(g) Members of the Board shall be immune from suit in an
action based upon any disciplinary proceedings or other acts
performed in good faith as members of the Board.
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
(225 ILCS 427/32)
(Section scheduled to be repealed on January 1, 2027)


Sec. 32. Social Security Number or Individual Taxpayer
Federal Tax Identification Number on license application. In
addition to any other information required to be contained in
the application, every application for an original license
under this Act shall include the applicant's Social Security
Number or Individual Taxpayer Federal Tax Identification
Number, which shall be retained in the Department's records
pertaining to the license. As soon as practical, the
Department shall assign a customer's identification number to
each applicant for a license.
Every application for a renewal or restored license shall
require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12; 98-365, eff. 1-1-14.)
(225 ILCS 427/60)
(Section scheduled to be repealed on January 1, 2027)
Sec. 60. Licenses; renewals; restoration; person in
military service.
(a) The expiration date, fees, and renewal period for each
license issued under this Act shall be set by rule. The
Department may promulgate rules requiring continuing education
and set all necessary requirements for such, including, but
not limited to, fees, approved coursework, number of hours,
and waivers of continuing education.
(b) Any licensee who has an expired license may have the
license restored by applying to the Department and filing


proof acceptable to the Department of fitness to have the
expired license restored, which may include sworn evidence
certifying to active practice in another jurisdiction
satisfactory to the Department, complying with any continuing
education requirements, and paying the required restoration
fee.
(c) Any person whose license expired while (i) in federal
service on active duty with the Armed Forces of the United
States or called into service or training with the State
Militia, or (ii) in training or education under the
supervision of the United States preliminary to induction into
the military service, or (iii) serving as an employee of the
Department may have the license renewed or restored without
paying any lapsed renewal fees and without completing the
continuing education requirements for that licensure period
if, within 2 years after honorable termination of the service,
training, or education, except under condition other than
honorable, the licensee furnishes the Department with
satisfactory evidence of engagement and that the service,
training, or education has been so honorably terminated.
(d) A community association manager or community
association management firm that notifies the Department, in a
manner prescribed by the Department, may place the license on
inactive status for a period not to exceed 2 years and shall be
excused from the payment of renewal fees until the person
notifies the Department in writing of the intention to resume


active practice.
(e) A community association manager or community
association management firm requesting that the license be
changed from inactive to active status shall be required to
pay the current renewal fee and shall also demonstrate
compliance with the continuing education requirements.
(f) No licensee with a nonrenewed or inactive license
status or community association management firm operating
without a designated community association manager shall
provide community association management services as set forth
in this Act.
(g) Any person violating subsection (f) of this Section
shall be considered to be practicing without a license and
will be subject to the disciplinary provisions of this Act.
(h) The Department shall not issue or renew a license if
the applicant or licensee has an unpaid fine or fee from a
disciplinary matter or from a non-disciplinary action imposed
by the Department until the fine or fee is paid to the
Department or the applicant or licensee has entered into a
payment plan and is current on the required payments.
(i) The Department shall not issue or renew a license if
the applicant or licensee has an unpaid fine or civil penalty
imposed by the Department for unlicensed practice until the
fine or civil penalty is paid to the Department or the
applicant or licensee has entered into a payment plan and is
current on the required payments.


(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
(225 ILCS 427/85)
(Section scheduled to be repealed on January 1, 2027)
Sec. 85. Grounds for discipline; refusal, revocation, or
suspension.
(a) The Department may refuse to issue or renew a license,
or may place on probation, reprimand, suspend, or revoke any
license, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $10,000 for each violation upon any licensee or
applicant under this Act or any person or entity who holds
oneself out as an applicant or licensee for any one or
combination of the following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act or its rules.
(3) Conviction of or entry of a plea of guilty or plea
of nolo contendere, as set forth in subsection (f) of
Section 40, to (i) a felony or a misdemeanor under the laws
of the United States, any state, or any other jurisdiction
or entry of an administrative sanction by a government
agency in this State or any other jurisdiction or (ii) a
crime that subjects the licensee to compliance with the
requirements of the Sex Offender Registration Act; or the
entry of an administrative sanction by a government agency


in this State or any other jurisdiction.
(4) Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this Act
or its rules.
(5) Professional incompetence.
(6) Gross negligence.
(7) Aiding or assisting another person in violating
any provision of this Act or its rules.
(8) Failing, within 30 days, to provide information in
response to a request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department.
(10) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in the inability to practice
with reasonable judgment, skill, or safety.
(11) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, or a
governmental agency authorized to impose discipline if at
least one of the grounds for the discipline is the same or
substantially equivalent of one of the grounds for which a
licensee may be disciplined under this Act. A certified
copy of the record of the action by the other state or


jurisdiction shall be prima facie evidence thereof.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any services not actually or personally
rendered.
(13) A finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation.
(14) Willfully making or filing false records or
reports relating to a licensee's practice, including, but
not limited to, false records filed with any State or
federal agencies or departments.
(15) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(16) Physical illness or mental illness or impairment
that results in the inability to practice the profession
with reasonable judgment, skill, or safety.
(17) Solicitation of professional services by using
false or misleading advertising.
(18) A finding that licensure has been applied for or


obtained by fraudulent means.
(19) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name unless approved by the
Department.
(20) Gross overcharging for professional services
including, but not limited to, (i) collection of fees or
moneys for services that are not rendered; and (ii)
charging for services that are not in accordance with the
contract between the licensee and the community
association.
(21) Improper commingling of personal and client funds
in violation of this Act or any rules promulgated thereto.
(22) Failing to account for or remit any moneys or
documents coming into the licensee's possession that
belong to another person or entity.
(23) Giving differential treatment to a person that is
to that person's detriment on the basis of race, color,
sex, ancestry, age, order of protection status, marital
status, physical or mental disability, military status,
unfavorable discharge from military status, sexual
orientation, pregnancy, religion, or national origin.
(24) Performing and charging for services without
reasonable authorization to do so from the person or
entity for whom service is being provided.
(25) Failing to make available to the Department, upon


request, any books, records, or forms required by this
Act.
(26) Purporting to be a designated community
association manager of a firm without active participation
in the firm and having been designated as such.
(27) Failing to make available to the Department at
the time of the request any indicia of licensure issued
under this Act.
(28) Failing to maintain and deposit funds belonging
to a community association in accordance with subsection
(b) of Section 55 of this Act.
(29) Violating the terms of any a disciplinary order
issued by the Department.
(30) Operating a community association management firm
without a designated community association manager who
holds an active community association manager license.
(31) For a designated community association manager,
failing to meet the requirements for acting as a
designated community association manager.
(32) Failing to disclose to a community association
any compensation received by a licensee from a third party
in connection with or related to a transaction entered
into by the licensee on behalf of the community
association.
(33) Failing to disclose to a community association,
at the time of making the referral, that a licensee (A) has


greater than a 1% ownership interest in a third party to
which it refers the community association; or (B) receives
or may receive dividends or other profit sharing
distributions from a third party, other than a publicly
held or traded company, to which it refers the community
association.
(b) (Blank).
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
terminate only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume practice as a
licensed community association manager.
(d) In accordance with subsection (g) of Section 2105-15
of the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois (20 ILCS 2105/2105-15), the
Department may refuse to issue or renew or may suspend the
license of any person who fails to file a return, to pay the
tax, penalty, or interest shown in a filed return, or to pay
any final assessment of tax, penalty, or interest, as required
by any tax Act administered by the Department of Revenue,
until such time as the requirements of that tax Act are


satisfied.
(e) In accordance with subdivision (a)(5) of Section
2105-15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15) and in cases where the Department of Healthcare
and Family Services (formerly Department of Public Aid) has
previously determined that a licensee or a potential licensee
is more than 30 days delinquent in the payment of child support
and has subsequently certified the delinquency to the
Department, the Department may refuse to issue or renew or may
revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services.
(f) (Blank).
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 427/95)
(Section scheduled to be repealed on January 1, 2027)
Sec. 95. Investigation; notice and hearing.  The
Department may investigate the actions or qualifications of a
person, which includes an entity, or other business applying
for, holding or claiming to hold, or holding oneself out as
having a license or rendering or offering to render services
for which a license is required by this Act and may notify
their designated community association manager, if any, of the


pending investigation. Before suspending, revoking, placing on
probationary status, or taking any other disciplinary action
as the Department may deem proper with regard to any license,
at least 30 days before the date set for the hearing, the
Department shall (i) notify the person charged accused and the
person's their designated community association manager, if
any, in writing of any charges made and the time and place for
a hearing on the charges before the Board, (ii) direct the
person accused to file a written answer to the charges with the
Board under oath within 20 days after the service on the person
accused of such notice, and (iii) inform the person accused
that if the person accused fails to file an answer, default
will be taken against the person accused and the license of the
person accused may be suspended, revoked, placed on
probationary status, or other disciplinary action taken with
regard to the license, including limiting the scope, nature,
or extent of related practice, as the Department may deem
proper. The Department shall serve notice under this Section
by regular or electronic mail to the person's applicant's or
licensee's last address of record or email address of record
as provided to the Department. If the person accused fails to
file an answer after receiving notice, the license may, in the
discretion of the Department, be suspended, revoked, or placed
on probationary status, or the Department may take whatever
disciplinary action deemed proper, including limiting the
scope, nature, or extent of the person's practice or the


imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act. The answer shall be served by personal delivery or
regular mail or electronic mail to the Department. At the time
and place fixed in the notice, the Department shall proceed to
hear the charges and the parties or their counsel shall be
accorded ample opportunity to present such statements,
testimony, evidence, and argument as may be pertinent to the
charges or to the defense thereto. The Department may continue
such hearing from time to time. At the discretion of the
Secretary after having first received the recommendation of
the Board, the accused person's license may be suspended,
revoked, or placed on probationary status or the Department
may take whatever disciplinary action considered proper,
including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine if the act or
acts charged constitute sufficient grounds for that action
under this Act. A copy of the Department's final disciplinary
order shall be delivered to the person's accused's designated
community association manager or may be sent to the community
association that , if the accused is directly employs the
person employed by a community association, to the board of
managers of that association if known to the Department.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 427/130)


(Section scheduled to be repealed on January 1, 2027)
Sec. 130. Restoration of suspended or revoked license.  At
any time after the successful completion of a term of
suspension, or revocation, or probation of a license, the
Department may restore it to the licensee, upon the written
recommendation of the Board, unless after an investigation and
a hearing the Board determines that restoration is not in the
public interest.
(Source: P.A. 96-726, eff. 7-1-10.)
Section 15. The Home Inspector License Act is amended by
changing Sections 5-10, 5-14, 5-16, 5-17, 15-10, 15-11, 15-15,
and 25-27 as follows:
(225 ILCS 441/5-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-10. Application for home inspector license.
(a) Every natural person who desires to obtain a home
inspector license shall:
(1) apply to the Department in a manner prescribed by
the Department and accompanied by the required fee; all
applications shall contain the information that, in the
judgment of the Department, enables the Department to pass
on the qualifications of the applicant for a license to
practice as a home inspector as set by rule;
(2) be at least 18 years of age;


(3) successfully complete a 4-year course of study in
a high school or secondary school or an equivalent course
of study approved by the state in which the school is
located, or possess a State of Illinois High School
Diploma, which shall be verified under oath by the
applicant;
(4) personally take and pass a written examination and
a field examination authorized by the Department; and
(5) prior to taking the examination, provide evidence
to the Department that the applicant has successfully
completed the prerequisite classroom hours of instruction
in home inspection, as established by rule.
(b) The Department shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
licensure or registration:
(1) juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987
subject to the restrictions set forth in Section 5-130 of
that Act;
(2) law enforcement records, court records, and
conviction records of an individual who was 17 years old
at the time of the offense and before January 1, 2014,
unless the nature of the offense required the individual
to be tried as an adult;
(3) records of arrest not followed by a charge or


conviction;
(4) records of arrest where the charges were dismissed
unless related to the practice of the profession; however,
applicants shall not be asked to report any arrests, and
an arrest not followed by a conviction shall not be the
basis of denial and may be used only to assess an
applicant's rehabilitation;
(5) convictions overturned by a higher court; or
(6) convictions or arrests that have been sealed or
expunged.
(c) An applicant or licensee shall report to the
Department, in a manner prescribed by the Department, upon
application and within 30 days after the occurrence, if during
the term of licensure, (i) any conviction of or plea of guilty
or nolo contendere to forgery, embezzlement, obtaining money
under false pretenses, larceny, extortion, conspiracy to
defraud, or any similar offense or offenses or any conviction
of a felony involving moral turpitude, (ii) the entry of an
administrative sanction by a government agency in this State
or any other jurisdiction that has as an essential element
dishonesty or fraud or involves larceny, embezzlement, or
obtaining money, property, or credit by false pretenses, or
(iii) a crime that subjects the licensee to compliance with
the requirements of the Sex Offender Registration Act.
(d) Applicants have 3 years after the date of the
application to complete the application process. If the


process has not been completed within 3 years, the application
shall be denied, the fee forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 102-20, eff. 1-1-22; 102-1100, eff. 1-1-23.)
(225 ILCS 441/5-14)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-14. Social Security Number or Individual Taxpayer
Identification Number on license application. In addition to
any other information required to be contained in the
application, every application for an original, renewal,
reinstated, or restored license under this Act shall include
the applicant's Social Security Number or Individual Taxpayer
Identification Number.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/5-16)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-16. Renewal of license.
(a) The expiration date and renewal period for a home
inspector license issued under this Act shall be set by rule.
Except as otherwise provided in subsections (b) and (c) of
this Section, the holder of a license may renew the license
within 90 days preceding the expiration date by:
(1) completing and submitting to the Department a


renewal application in a manner prescribed by the
Department;
(2) paying the required fees; and
(3) providing evidence of successful completion of the
continuing education requirements through courses approved
by the Department given by education providers licensed by
the Department, as established by rule.
(b) A home inspector whose license under this Act has
expired may renew the license for a period of 2 years following
the expiration date by complying with the requirements of
subparagraphs (1), (2), and (3) of subsection (a) of this
Section and paying any late penalties established by rule.
(c) Notwithstanding subsection (b), a home inspector whose
license under this Act has expired may renew the license
without paying any lapsed renewal fees or late penalties and
without completing the continuing education requirements for
that licensure period if (i) the license expired while the
home inspector was (i) in federal service on active duty with
the Armed Forces of the United States or called into service or
training with the State Militia, (ii) in training or education
under the supervision of the United States preliminary to
induction into the military service, or (iii) serving as an
employee of the Department and within 2 years after the
termination of the service, training, or education, the
licensee furnishes the Department with satisfactory evidence
of service, training, or education and was terminated under


honorable conditions on active duty with the United States
Armed Services, (ii) application for renewal is made within 2
years following the termination of the military service or
related education, training, or employment, and (iii) the
applicant furnishes to the Department an affidavit that the
applicant was so engaged.
(d) The Department shall provide reasonable care and due
diligence to ensure that each licensee under this Act is
provided a renewal application at least 90 days prior to the
expiration date, but it is the responsibility of each licensee
to renew the license prior to its expiration date.
(e) The Department shall not issue or renew a license if
the applicant or licensee has an unpaid fine or fee from a
disciplinary matter or from a non-disciplinary action imposed
by the Department until the fine or fee is paid to the
Department or the applicant or licensee has entered into a
payment plan and is current on the required payments.
(f) The Department shall not issue or renew a license if
the applicant or licensee has an unpaid fine or civil penalty
imposed by the Department for unlicensed practice until the
fine or civil penalty is paid to the Department or the
applicant or licensee has entered into a payment plan and is
current on the required payments.
(g) A home inspector who notifies the Department, in a
manner prescribed by the Department, may place the license on
inactive status for a period not to exceed 2 years and shall be


excused from the payment of renewal fees until the person
notifies the Department in writing of the intention to resume
active practice.
(h) A home inspector requesting that the license be
changed from inactive to active status shall be required to
pay the current renewal fee and shall also demonstrate
compliance with the continuing education requirements.
(i) No licensee with a nonrenewed or inactive license
status shall provide home inspection services as set forth in
this Act.
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
(225 ILCS 441/5-17)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-17. Renewal of home inspector license; entity.
(a) The expiration date and renewal period for a home
inspector license for an entity that is not a natural person
shall be set by rule. The holder of a license may renew the
license within 90 days preceding the expiration date by
completing and submitting to the Department a renewal
application in a manner prescribed by the Department and
paying the required fees.
(b) An entity that is not a natural person whose license
under this Act has expired may renew the license for a period
of 2 years following the expiration date by complying with the
requirements of subsection (a) of this Section and paying any


late penalties established by rule.
(c) The Department shall not issue or renew a license if
the applicant or licensee has an unpaid fine or fee from a
disciplinary matter or from a non-disciplinary action imposed
by the Department until the fine or fee is paid to the
Department or the applicant or licensee has entered into a
payment plan and is current on the required payments.
(d) The Department shall not issue or renew a license if
the applicant or licensee has an unpaid fine or civil penalty
imposed by the Department for unlicensed practice until the
fine or civil penalty is paid to the Department or the
applicant or licensee has entered into a payment plan and is
current on the required payments.
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
(225 ILCS 441/15-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-10. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$25,000 for each violation upon any licensee or applicant
under this Act or any person or entity who holds oneself out as
an applicant or licensee , with regard to any license for any
one or combination of the following:


(1) Fraud or misrepresentation in applying for, or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(2) Failing to meet the minimum qualifications for
licensure as a home inspector established by this Act.
(3) Paying money, other than for the fees provided for
by this Act, or anything of value to an employee of the
Department to procure licensure under this Act.
(4) Conviction of, or plea of guilty or nolo
contendere, or finding as enumerated in subsection (c) of
Section 5-10, under the laws of any jurisdiction of the
United States: (i) that is a felony, misdemeanor, or
administrative sanction, or (ii) that is a crime that
subjects the licensee to compliance with the requirements
of the Sex Offender Registration Act.
(5) Committing an act or omission involving
dishonesty, fraud, or misrepresentation with the intent to
substantially benefit the licensee or another person or
with the intent to substantially injure another person.
(6) Violating a provision or standard for the
development or communication of home inspections as
provided in Section 10-5 of this Act or as defined in the
rules.
(7) Failing or refusing to exercise reasonable
diligence in the development, reporting, or communication
of a home inspection report, as defined by this Act or the


rules.
(8) Violating a provision of this Act or the rules.
(9) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, a
governmental agency, or any other entity authorized to
impose discipline if at least one of the grounds for that
discipline is the same as or substantially equivalent to
one of the grounds for which a licensee may be disciplined
under this Act.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(11) Accepting an inspection assignment when the
employment itself is contingent upon the home inspector
reporting a predetermined analysis or opinion, or when the
fee to be paid is contingent upon the analysis, opinion,
or conclusion reached or upon the consequences resulting
from the home inspection assignment.
(12) Developing home inspection opinions or
conclusions based on the race, color, religion, sex,
national origin, ancestry, age, marital status, family
status, physical or mental disability, military status,
unfavorable discharge from military status, sexual
orientation, order of protection status, or pregnancy, or
any other protected class as defined under the Illinois
Human Rights Act, of the prospective or present owners or


occupants of the area or property under home inspection.
(13) Being adjudicated liable in a civil proceeding on
grounds of fraud, misrepresentation, or deceit. In a
disciplinary proceeding based upon a finding of civil
liability, the home inspector shall be afforded an
opportunity to present mitigating and extenuating
circumstances, but may not collaterally attack the civil
adjudication.
(14) Being adjudicated liable in a civil proceeding
for violation of a State or federal fair housing law.
(15) Engaging in misleading or untruthful advertising
or using a trade name or insignia of membership in a home
inspection organization of which the licensee is not a
member.
(16) Failing, within 30 days, to provide information
in response to a written request made by the Department.
(17) Failing to include within the home inspection
report the home inspector's license number and the date of
expiration of the license. The names of (i) all persons
who conducted the home inspection; and (ii) all persons
who prepared the subsequent written evaluation or any part
thereof must be disclosed in the report. It is a violation
of this Act for a home inspector to sign a home inspection
report knowing that the names of all such persons have not
been disclosed in the home inspection report.
(18) Advising a client as to whether the client should


or should not engage in a transaction regarding the
residential real property that is the subject of the home
inspection.
(19) Performing a home inspection in a manner that
damages or alters the residential real property that is
the subject of the home inspection without the consent of
the owner.
(20) Performing a home inspection when the home
inspector is providing or may also provide other services
in connection with the residential real property or
transaction, or has an interest in the residential real
property, without providing prior written notice of the
potential or actual conflict and obtaining the prior
consent of the client as provided by rule.
(21) Aiding or assisting another person in violating
any provision of this Act or rules adopted under this Act.
(22) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(23) A finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation.
(24) Willfully making or filing false records or
reports related to the practice of home inspection,
including, but not limited to, false records filed with


State agencies or departments.
(25) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(26) Practicing under a false or, except as provided
by law, an assumed name.
(27) Cheating on or attempting to subvert the
licensing examination administered under this Act.
(28) Engaging in any of the following prohibited
fraudulent, false, deceptive, or misleading advertising
practices:
(i) advertising as a home inspector or operating a
home inspection business entity unless there is a duly
licensed home inspector responsible for all inspection
activities and all inspections;
(ii) advertising that contains a misrepresentation
of facts or false statements regarding the licensee's
professional achievements, degrees, training, skills,
or qualifications in the home inspection profession or
any other profession requiring licensure;
(iii) advertising that makes only a partial
disclosure of relevant facts related to pricing or
home inspection services; and
(iv) advertising that claims this State or any of
its political subdivisions endorse the home inspection
report or its contents.


(29) Disclosing, except as otherwise required by law,
inspection results or client information obtained without
the client's written consent. A home inspector shall not
deliver a home inspection report to any person other than
the client of the home inspector without the client's
written consent.
(30) Providing fees, gifts, waivers of liability, or
other forms of compensation or gratuities to persons
licensed under any real estate professional licensing act
in this State as consideration or inducement for the
referral of business.
(31) Violating the terms of any order issued by the
Department.
(b) The Department may suspend, revoke, or refuse to issue
or renew an education provider's license, may reprimand, place
on probation, or otherwise discipline an education provider
licensee, and may suspend or revoke the course approval of any
course offered by an education provider, for any of the
following:
(1) Procuring or attempting to procure licensure by
knowingly making a false statement, submitting false
information, making any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application
for licensure.
(2) Failing to comply with the covenants certified to


on the application for licensure as an education provider.
(3) Committing an act or omission involving
dishonesty, fraud, or misrepresentation or allowing any
such act or omission by any employee or contractor under
the control of the education provider.
(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in
accordance with rules adopted under this Act.
(6) Failing to meet the topic or time requirements for
course approval as the provider of a pre-license
curriculum course or a continuing education course.
(7) Failing to administer an approved course using the
course materials, syllabus, and examinations submitted as
the basis of the course approval.
(8) Failing to provide an appropriate classroom
environment for presentation of courses, with
consideration for student comfort, acoustics, lighting,
seating, workspace, and visual aid material.
(9) Failing to maintain student records in compliance
with the rules adopted under this Act.
(10) Failing to provide a certificate, transcript, or
other student record to the Department or to a student as
may be required by rule.
(11) Failing to fully cooperate with a Department
investigation by knowingly making a false statement,
submitting false or misleading information, or refusing to


provide complete information in response to written
interrogatories or a written request for documentation
within 30 days of the request.
(c) (Blank).
(d) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a tax
return, to pay the tax, penalty, or interest shown in a filed
tax return, or to pay any final assessment of tax, penalty, or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of the tax Act are satisfied in accordance with
subsection (g) of Section 2105-15 of the Civil Administrative
Code of Illinois.
(e) (Blank).
(f) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with item (5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.


(g) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.
(h) (Blank).
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 441/15-11)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-11. Illegal discrimination. When there has been an
adjudication in a civil or criminal proceeding that a licensee
has illegally discriminated while engaged in any activity for
which a license is required under this Act, the Department,
upon the determination by recommendation of the Secretary
Board as to the extent of the suspension or revocation, shall
suspend or revoke the license of that licensee in a timely
manner, unless the adjudication is in the appeal process. When
there has been an order in an administrative proceeding
finding that a licensee has illegally discriminated while
engaged in any activity for which a license is required under
this Act, the Department, upon the determination by
recommendation of the Secretary Board as to the nature and


extent of the discipline, shall take one or more of the
disciplinary actions provided for in Section 15-10 of this Act
in a timely manner, unless the administrative order is in the
appeal process.
(Source: P.A. 102-970, eff. 5-27-22.)
(225 ILCS 441/15-15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-15. Investigation; notice; hearing. The Department
may investigate the actions of any person who is an applicant,
or licensee, or of any person or persons rendering or offering
to render home inspection services, or any person holding or
claiming to hold a license as a home inspector. The Department
shall, before refusing to issue or renew a license or to
discipline a person licensee pursuant to Section 15-10, at
least 30 days prior to the date set for the hearing, (i) notify
the person charged accused in writing and the person's
managing licensed home inspector, if any, of the charges made
and the time and place for the hearing on the charges, (ii)
direct the person licensee or applicant to file a written
answer with the Department under oath within 20 days after the
service of the notice, and (iii) inform the person applicant
or licensee that failure to file an answer will result in a
default judgment being entered against the person applicant or
licensee. At the time and place fixed in the notice, the
Department shall proceed to hear the charges and the parties


of their counsel shall be accorded ample opportunity to
present any pertinent statements, testimony, evidence, and
arguments. The Department may continue the hearing from time
to time. In case the person, after receiving the notice, fails
to file an answer, the license, may, in the discretion of the
Department, be revoked, suspended, placed on probationary
status, or the Department may take whatever disciplinary
actions considered proper, including limiting the scope,
nature, or extent of the person's practice or the imposition
of a fine, without a hearing, if the act or acts charged
constitute sufficient grounds for that action under the Act.
The notice may be served by personal delivery, by mail, or, at
the discretion of the Department, by electronic means to the
address of record or email address of record specified by the
person accused as last updated with the Department.
A copy of the hearing officer's report or any Order of
Default, along with a copy of the original complaint giving
rise to the action, shall be served upon the applicant,
licensee, or unlicensed person by the Department to the
applicant, licensee, or unlicensed individual in the manner
provided in this Act for the service of a notice of hearing.
Within 20 days after service, the person applicant or licensee
may present to the Department a motion in writing for a
rehearing, which shall specify the particular grounds for
rehearing. If the person orders from the reporting service and
pays for a transcript of the record within the time for filing


a motion for rehearing, then the 20-day period during which a
motion may be filed shall commence upon the delivery of the
transcript to the applicant or licensee. The Department may
respond to the motion, or if a motion for rehearing is denied,
then upon denial, the Secretary may enter an order in
accordance with the recommendations of the hearing officer. A
copy of the Department's final disciplinary order shall be
delivered to the person and the person's managing home
inspector, if any. If the applicant or licensee orders from
the reporting service and pays for a transcript of the record
within the time for filing a motion for rehearing, then the
20-day period during which a motion may be filed shall
commence upon the delivery of the transcript to the applicant
or licensee.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 441/25-27)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-27. Subpoenas; depositions; oaths.
(a) The Department may subpoena and bring before it any
person to take oral or written testimony or compel the
production of any books, papers, records, or any other
documents the Secretary or the Secretary's designee deems
relevant or material to any investigation or hearing conducted
by the Department with the same fees and in the same manner as
prescribed in civil cases in the courts of this State.


(b) Any circuit court, upon the application of the
licensee or the Department, may order the attendance and
testimony of witnesses and the production of relevant
documents, files, records, books, and papers in connection
with any hearing or investigation. The circuit court may
compel obedience to its order by proceedings for contempt.
(c) The Secretary or the Secretary's designee, the hearing
officer, any member of the Board, or a certified shorthand
court reporter may administer oaths at any hearing the
Department conducts. Notwithstanding any other statute or
Department rule to the contrary, all requests for testimony,
production of documents, or records shall be in accordance
with this Act.
(Source: P.A. 102-20, eff. 1-1-22.)
Section 20. The Real Estate License Act of 2000 is amended
by changing Sections 1-10, 5-6, 5-10, 5-20, 5-29, 5-50, 5-60,
5-75, 10-25, 10-30, 20-20, 20-20.1, 20-22, 20-23, 20-25,
20-60, 20-69, 20-72, 25-10, and 25-25 and by adding Section
20-21.1 as follows:
(225 ILCS 454/1-10)
(Section scheduled to be repealed on January 1, 2030)
Sec. 1-10. Definitions. In this Act, unless the context
otherwise requires:
"Act" means the Real Estate License Act of 2000.


"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department.
"Agency" means a relationship in which a broker or
licensee, whether directly or through an affiliated licensee,
represents a consumer by the consumer's consent, whether
express or implied, in a real property transaction.
"Applicant" means any person, as defined in this Section,
who applies to the Department for a valid license as a managing
broker, broker, or residential leasing agent.
"Blind advertisement" means any real estate advertisement
that is used by a licensee regarding the sale or lease of real
estate, licensed activities, or the hiring of any licensee
under this Act that does not include the sponsoring broker's
complete business name or, in the case of electronic
advertisements, does not provide a direct link to a display
with all the required disclosures. The broker's business name
in the case of a franchise shall include the franchise
affiliation as well as the name of the individual firm.
"Board" means the Real Estate Administration and
Disciplinary Board of the Department as created by Section
25-10 of this Act.
"Broker" means an individual, entity, corporation, foreign
or domestic partnership, limited liability company, registered
limited liability partnership, or other business entity other
than a residential leasing agent who, whether in person or


through any media or technology, for another and for
compensation, or with the intention or expectation of
receiving compensation, either directly or indirectly:
(1) Sells, exchanges, purchases, rents, or leases real
estate.
(2) Offers to sell, exchange, purchase, rent, or lease
real estate.
(3) Negotiates, offers, attempts, or agrees to
negotiate the sale, exchange, purchase, rental, or leasing
of real estate.
(4) Lists, offers, attempts, or agrees to list real
estate for sale, rent, lease, or exchange.
(5) Whether for another or themselves, engages in a
pattern of business of buying, selling, offering to buy or
sell, marketing for sale, exchanging, or otherwise dealing
in contracts, including assignable contracts for the
purchase or sale of, or options on real estate or
improvements thereon. For purposes of this definition, an
individual or entity will be found to have engaged in a
pattern of business if the individual or entity by itself
or with any combination of other individuals or entities,
whether as partners or common owners in another entity,
has engaged in one or more of these practices on 2 or more
occasions in any 12-month period.
(6) Supervises the collection, offer, attempt, or
agreement to collect rent for the use of real estate.


(7) Advertises or represents oneself as being engaged
in the business of buying, selling, exchanging, renting,
or leasing real estate.
(8) Assists or directs in procuring or referring of
leads or prospects, intended to result in the sale,
exchange, lease, or rental of real estate.
(9) Assists or directs in the negotiation of any
transaction intended to result in the sale, exchange,
lease, or rental of real estate.
(10) Opens real estate to the public for marketing
purposes.
(11) Sells, rents, leases, or offers for sale or lease
real estate at auction.
(12) Prepares or provides a broker price opinion or
comparative market analysis as those terms are defined in
this Act, pursuant to the provisions of Section 10-45 of
this Act.
"Brokerage agreement" means a written or oral agreement
between a sponsoring broker and a consumer for licensed
activities, or the performance of future licensed activities,
to be provided to a consumer in return for compensation or the
right to receive compensation from another. Brokerage
agreements may constitute either a bilateral or a unilateral
agreement between the broker and the broker's client depending
upon the content of the brokerage agreement. All exclusive
brokerage agreements shall be in writing.


"Broker price opinion" means an estimate or analysis of
the probable selling price of a particular interest in real
estate, which may provide a varying level of detail about the
property's condition, market, and neighborhood and information
on comparable sales. The activities of a real estate broker or
managing broker engaging in the ordinary course of business as
a broker, as defined in this Section, shall not be considered a
broker price opinion if no compensation is paid to the broker
or managing broker, other than compensation based upon the
sale or rental of real estate. A broker price opinion shall not
be considered an appraisal within the meaning of the Real
Estate Appraiser Licensing Act of 2002, any amendment to that
Act, or any successor Act.
"Client" means a person who is being represented by a
licensee.
"Comparative market analysis" means an analysis or opinion
regarding pricing, marketing, or financial aspects relating to
a specified interest or interests in real estate that may be
based upon an analysis of comparative market data, the
expertise of the real estate broker or managing broker, and
such other factors as the broker or managing broker may deem
appropriate in developing or preparing such analysis or
opinion. The activities of a real estate broker or managing
broker engaging in the ordinary course of business as a
broker, as defined in this Section, shall not be considered a
comparative market analysis if no compensation is paid to the


broker or managing broker, other than compensation based upon
the sale or rental of real estate. A comparative market
analysis shall not be considered an appraisal within the
meaning of the Real Estate Appraiser Licensing Act of 2002,
any amendment to that Act, or any successor Act.
"Compensation" means the valuable consideration given by
one person or entity to another person or entity in exchange
for the performance of some activity or service. Compensation
shall include the transfer of valuable consideration,
including without limitation the following:
(1) commissions;
(2) referral fees;
(3) bonuses;
(4) prizes;
(5) merchandise;
(6) finder fees;
(7) performance of services;
(8) coupons or gift certificates;
(9) discounts;
(10) rebates;
(11) a chance to win a raffle, drawing, lottery, or
similar game of chance not prohibited by any other law or
statute;
(12) retainer fee; or
(13) salary.
"Confidential information" means information obtained by a


licensee from a client during the term of a brokerage
agreement that (i) was made confidential by the written
request or written instruction of the client, (ii) deals with
the negotiating position of the client, or (iii) is
information the disclosure of which could materially harm the
negotiating position of the client, unless at any time:
(1) the client permits the disclosure of information
given by that client by word or conduct;
(2) the disclosure is required by law; or
(3) the information becomes public from a source other
than the licensee.
"Confidential information" shall not be considered to
include material information about the physical condition of
the property.
"Consumer" means a person or entity seeking or receiving
licensed activities.
"Coordinator" means the Coordinator of Real Estate created
in Section 25-15 of this Act.
"Credit hour" means 50 minutes of instruction in course
work that meets the requirements set forth in rules adopted by
the Department.
"Customer" means a consumer who is not being represented
by the licensee.
"Department" means the Department of Financial and
Professional Regulation.
"Designated agency" means a contractual relationship


between a sponsoring broker and a client under Section 15-50
of this Act in which one or more licensees associated with or
employed by the broker are designated as agent of the client.
"Designated agent" means a sponsored licensee named by a
sponsoring broker as the legal agent of a client, as provided
for in Section 15-50 of this Act.
"Designated managing broker" means a managing broker who
has supervisory responsibilities for licensees in one or, in
the case of a multi-office company, more than one office and
who has been appointed as such by the sponsoring broker
registered with the Department.
"Director" means the Director of Real Estate within the
Department of Financial and Professional Regulation.
"Dual agency" means an agency relationship in which a
licensee is representing both buyer and seller or both
landlord and tenant in the same transaction. When the agency
relationship is a designated agency, the question of whether
there is a dual agency shall be determined by the agency
relationships of the designated agent of the parties and not
of the sponsoring broker.
"Education provider" means a school licensed by the
Department offering courses in pre-license, post-license, or
continuing education required by this Act.
"Employee" or other derivative of the word "employee",
when used to refer to, describe, or delineate the relationship
between a sponsoring broker and a managing broker, broker, or


a residential leasing agent, shall be construed to include an
independent contractor relationship, provided that a written
agreement exists that clearly establishes and states the
relationship.
"Escrow moneys" means all moneys, promissory notes, or any
other type or manner of legal tender or financial
consideration deposited with any person for the benefit of the
parties to the transaction. A transaction exists once an
agreement has been reached and an accepted real estate
contract signed or lease agreed to by the parties. "Escrow
moneys" includes, without limitation, earnest moneys and
security deposits, except those security deposits in which the
person holding the security deposit is also the sole owner of
the property being leased and for which the security deposit
is being held.
"Electronic means of proctoring" means a methodology
providing assurance that the person taking a test and
completing the answers to questions is the person seeking
licensure or credit for continuing education and is doing so
without the aid of a third party or other device.
"Exclusive brokerage agreement" means a written brokerage
agreement that provides that the sponsoring broker has the
sole right, through one or more sponsored licensees, to act as
the exclusive agent or representative of the client and that
meets the requirements of Section 15-75 of this Act.
"Inactive" means a status of licensure where the licensee


holds a current license under this Act, but the licensee is
prohibited from engaging in licensed activities because the
licensee is unsponsored or the license of the sponsoring
broker with whom the licensee is associated or by whom the
licensee is employed is currently expired, revoked, suspended,
or otherwise rendered invalid under this Act. The license of
any business entity that is not in good standing with the
Illinois Secretary of State, or is not authorized to conduct
business in Illinois, shall immediately become inactive and
that entity shall be prohibited from engaging in any licensed
activities.
"Leads" means the name or names of a potential buyer,
seller, lessor, lessee, or client of a licensee.
"License" means the privilege conferred by the Department
to a person that has fulfilled all requirements prerequisite
to any type of licensure under this Act.
"Licensed activities" means those activities listed in the
definition of "broker" under this Section.
"Licensee" means any person licensed under this Act.
"Listing presentation" means any communication, written or
oral and by any means or media, between a managing broker or
broker and a consumer in which the licensee is attempting to
secure a brokerage agreement with the consumer to market the
consumer's real estate for sale or lease.
"Managing broker" means a licensee who may be authorized
to assume responsibilities as a designated managing broker for


licensees in one or, in the case of a multi-office company,
more than one office, upon appointment by the sponsoring
broker and registration with the Department. A managing broker
may act as one's own sponsor.
"Medium of advertising" means any method of communication
intended to influence the general public to use or purchase a
particular good or service or real estate, including, but not
limited to, print, electronic, social media, and digital
forums.
"Office" means a broker's place of business where the
general public is invited to transact business and where
records may be maintained and licenses readily available,
whether or not it is the broker's principal place of business.
"Person" means and includes individuals, entities,
corporations, limited liability companies, registered limited
liability partnerships, foreign and domestic partnerships, and
other business entities, except that when the context
otherwise requires, the term may refer to a single individual
or other described entity.
"Proctor" means any person, including, but not limited to,
an instructor, who has a written agreement to administer
examinations fairly and impartially with a licensed education
provider.
"Real estate" means and includes leaseholds as well as any
other interest or estate in land, whether corporeal,
incorporeal, freehold, or non-freehold and whether the real


estate is situated in this State or elsewhere. "Real estate"
does not include property sold, exchanged, or leased as a
timeshare or similar vacation item or interest, vacation club
membership, or other activity formerly regulated under the
Real Estate Timeshare Act of 1999 (repealed).
"Regular employee" means a person working an average of 20
hours per week for a person or entity who would be considered
as an employee under the Internal Revenue Service rules for
classifying workers.
"Renewal period" means the period beginning 90 days prior
to the expiration date of a license.
"Residential leasing agent" means a person who is employed
by a broker to engage in licensed activities limited to
leasing residential real estate who has obtained a license as
provided for in Section 5-5 of this Act.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation, or a person authorized
by the Secretary to act in the Secretary's stead.
"Sponsoring broker" means the broker who certifies to the
Department the broker's his, her, or its sponsorship of a
licensed managing broker, broker, or a residential leasing
agent.
"Sponsorship" means that a sponsoring broker has certified
to the Department that a managing broker, broker, or
residential leasing agent is employed by or associated by
written agreement with the sponsoring broker and the


Department has registered the sponsorship, as provided for in
Section 5-40 of this Act.
"Team" means any 2 or more licensees who work together to
provide real estate brokerage services, represent themselves
to the public as being part of a team or group, are identified
by a team name that is different than their sponsoring
broker's name, and together are supervised by the same
managing broker and sponsored by the same sponsoring broker.
"Team" does not mean a separately organized, incorporated, or
legal entity.
(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
(225 ILCS 454/5-6)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-6. Social Security Number or Individual Taxpayer
Tax Identification Number on license application.  In addition
to any other information required to be contained in the
application, every application for an original license under
this Act shall include the applicant's Social Security Number
or Tax Identification Number, which shall be retained in the
agency's records pertaining to the license. An applicant may
provide an Individual Taxpayer Identification Number as an
alternative to providing a Social Security Number when
applying for a license. As soon as practical, the Department
shall assign a separate and distinct identification number to
each applicant for a license.


Every application for a renewal or restored license shall
require the applicant's identification number.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/5-10)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-10. Requirements for license as a residential
leasing agent; continuing education.
(a) Every applicant for licensure as a residential leasing
agent must meet the following qualifications:
(1) be at least 18 years of age;
(2) be of good moral character;
(3) successfully complete a 4-year course of study in
a high school or secondary school or an equivalent course
of study approved by the state in which the school is
located, or possess a State of Illinois High School
Diploma, which shall be verified under oath by the
applicant;
(4) personally take and pass a written examination
authorized by the Department sufficient to demonstrate the
applicant's knowledge of the provisions of this Act
relating to residential leasing agents and the applicant's
competence to engage in the activities of a licensed
residential leasing agent;
(5) provide satisfactory evidence of having completed
15 hours of instruction in an approved course of study


relating to the leasing of residential real property. The
Board may recommend to the Department the number of hours
each topic of study shall require. The course of study
shall, among other topics, cover the provisions of this
Act applicable to residential leasing agents; fair housing
and human rights issues relating to residential leasing;
advertising and marketing issues; leases, applications,
and credit and criminal background reports; owner-tenant
relationships and owner-tenant laws; the handling of
funds; and environmental issues relating to residential
real property;
(6) complete any other requirements as set forth by
rule; and
(7) present a valid application for issuance of an
initial license accompanied by fees specified by rule.
(b) No applicant shall engage in any of the activities
covered by this Act without a valid license and until a valid
sponsorship has been registered with the Department.
(c) Successfully completed course work, completed pursuant
to the requirements of this Section, may be applied to the
course work requirements to obtain a managing broker's or
broker's license as provided by rule. The Board may recommend
to the Department and the Department may adopt requirements
for approved courses, course content, and the approval of
courses, instructors, and education providers, as well as
education provider and instructor fees. The Department may


establish continuing education requirements for residential
licensed leasing agents, by rule, consistent with the language
and intent of this Act, with the advice of the Board.
(d) The continuing education requirement for residential
leasing agents shall consist of a single core curriculum to be
prescribed by the Department as recommended by the Board.
Leasing agents shall be required to complete no less than 8
hours of continuing education in the core curriculum during
the current term of the license. The curriculum shall, at a
minimum, consist of a single course or courses on the subjects
of fair housing and human rights issues related to residential
leasing, advertising and marketing issues, leases,
applications, credit reports, and criminal history, the
handling of funds, owner-tenant relationships and owner-tenant
laws, and environmental issues relating to residential real
estate.
(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22;
102-1100, eff. 1-1-23; revised 12-14-22.)
(225 ILCS 454/5-20)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-20. Exemptions from managing broker, broker, or
residential leasing agent license requirement; Department
exemption from education provider and related licenses. The
requirement for holding a license under this Article 5 shall
not apply to:


(1) Any person, as defined in Section 1-10, that as
owner or lessor performs any of the acts described in the
definition of "broker" under Section 1-10 of this Act with
reference to property owned or leased by it, or to the
regular employees thereof with respect to the property so
owned or leased, where such acts are performed in the
regular course of or as an incident to the management,
sale, or other disposition of such property and the
investment therein, if such regular employees do not
perform any of the acts described in the definition of
"broker" under Section 1-10 of this Act in connection with
a vocation of selling or leasing any real estate or the
improvements thereon not so owned or leased.
(2) An attorney in fact acting under a duly executed
and recorded power of attorney to convey real estate from
the owner or lessor or the services rendered by an
attorney at law in the performance of the attorney's duty
as an attorney at law.
(3) Any person acting as receiver, trustee in
bankruptcy, administrator, executor, or guardian or while
acting under a court order or under the authority of a will
or testamentary trust.
(4) Any person acting as a resident manager for the
owner or any employee acting as the resident manager for a
broker managing an apartment building, duplex, or
apartment complex, when the resident manager resides on


the premises, the premises is the his or her primary
residence of the resident manager, and the resident
manager is engaged in the leasing of that the property of
which he or she is the resident manager.
(5) Any officer or employee of a federal agency in the
conduct of official duties.
(6) Any officer or employee of the State government or
any political subdivision thereof performing official
duties.
(7) Any multiple listing service or other similar
information exchange that is engaged in the collection and
dissemination of information concerning real estate
available for sale, purchase, lease, or exchange for the
purpose of providing licensees with a system by which
licensees may cooperatively share information along with
which no other licensed activities, as defined in Section
1-10 of this Act, are provided.
(8) Railroads and other public utilities regulated by
the State of Illinois, or the officers or full-time
employees thereof, unless the performance of any licensed
activities is in connection with the sale, purchase,
lease, or other disposition of real estate or investment
therein that does not require the approval of the
appropriate State regulatory authority.
(9) Any medium of advertising in the routine course of
selling or publishing advertising along with which no


other licensed activities, as defined in Section 1-10 of
this Act, are provided.
(10) Any resident lessee of a residential dwelling
unit who refers for compensation to the owner of the
dwelling unit, or to the owner's agent, prospective
lessees of dwelling units in the same building or complex
as the resident lessee's unit, but only if the resident
lessee (i) refers no more than 3 prospective lessees in
any 12-month period, (ii) receives compensation of no more
than $5,000 or the equivalent of 2 months' rent, whichever
is less, in any 12-month period, and (iii) limits his or
her activities to referring prospective lessees to the
owner, or the owner's agent, and does not show a
residential dwelling unit to a prospective lessee, discuss
terms or conditions of leasing a dwelling unit with a
prospective lessee, or otherwise participate in the
negotiation of the leasing of a dwelling unit.
(11) The purchase, sale, or transfer of a timeshare or
similar vacation item or interest, vacation club
membership, or other activity formerly regulated under the
Real Estate Timeshare Act of 1999 (repealed).
(12) (Blank).
(13) Any person who is licensed without examination
under Section 10-25 (now repealed) of the Auction License
Act is exempt from holding a managing broker's or broker's
license under this Act for the limited purpose of selling


or leasing real estate at auction, so long as:
(A) that person has made application for said
exemption by July 1, 2000;
(B) that person verifies to the Department that
the person he or she has sold real estate at auction
for a period of 5 years prior to licensure as an
auctioneer;
(C) the person has had no lapse in the licensure
his or her license as an auctioneer; and
(D) the license issued under the Auction License
Act has not been disciplined for violation of those
provisions of Article 20 of the Auction License Act
dealing with or related to the sale or lease of real
estate at auction.
(14) A person who holds a valid license under the
Auction License Act and a valid real estate auction
certification and conducts auctions for the sale of real
estate under Section 5-32 of this Act.
(15) A hotel operator who is registered with the
Illinois Department of Revenue and pays taxes under the
Hotel Operators' Occupation Tax Act and rents a room or
rooms in a hotel as defined in the Hotel Operators'
Occupation Tax Act for a period of not more than 30
consecutive days and not more than 60 days in a calendar
year or a person who participates in an online marketplace
enabling persons to rent out all or part of the person's


owned residence.
(16) Notwithstanding any provisions to the contrary,
the Department and its employees shall be exempt from
education, course provider, instructor, and course license
requirements and fees while acting in an official capacity
on behalf of the Department. Courses offered by the
Department shall be eligible for continuing education
credit.
(Source: P.A. 100-534, eff. 9-22-17; 100-831, eff. 1-1-19;
101-357, eff. 8-9-19.)
(225 ILCS 454/5-29)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-29. Temporary practice as a designated managing
broker. Upon the loss of a designated managing broker who is
not replaced by the sponsoring broker or in the event of the
death or adjudicated disability of a self-sponsored managing
broker the sole proprietor of an office, a written request for
authorization allowing the continued operation of the office
may be submitted to the Department within 15 days of the loss.
The Department may issue a written authorization allowing the
continued operation, provided that a licensed managing broker
or, in the case of the death or adjudicated disability of a
self-sponsored managing broker sole proprietor, the
representative of the estate, assumes responsibility, in
writing, for the operation of the office and agrees to


personally supervise the operation of the office. No such
written authorization shall be valid for more than 60 days
unless extended by the Department for good cause shown and
upon written request by the broker or representative.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/5-50)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-50. Expiration and renewal of managing broker,
broker, or residential leasing agent license; sponsoring
broker; register of licensees.
(a) The expiration date and renewal period for each
license issued under this Act shall be set by rule. Except as
otherwise provided in this Section, the holder of a license
may renew the license within 90 days preceding the expiration
date thereof by completing the continuing education required
by this Act and paying the fees specified by rule.
(b) An individual whose first license is that of a broker
received on or after the effective date of this amendatory Act
of the 101st General Assembly, must provide evidence of having
completed 45 hours of post-license education presented in a
classroom or a live, interactive webinar, or online distance
education course, and which shall require passage of a final
examination.
The Board may recommend, and the Department shall approve,
45 hours of post-license education, consisting of three


15-hour post-license courses, one each that covers applied
brokerage principles, risk management/discipline, and
transactional issues. Each of the courses shall require its
own 50-question final examination, which shall be administered
by the education provider that delivers the course.
Individuals whose first license is that of a broker
received on or after the effective date of this amendatory Act
of the 101st General Assembly, must complete all three 15-hour
courses and successfully pass a course final examination for
each course prior to the date of the next broker renewal
deadline, except for those individuals who receive their first
license within the 180 days preceding the next broker renewal
deadline, who must complete all three 15-hour courses and
successfully pass a course final examination for each course
prior to the second broker renewal deadline that follows the
receipt of their license.
(c) Any managing broker, broker, or residential leasing
agent whose license under this Act has expired shall be
eligible to renew the license during the 2-year period
following the expiration date, provided the managing broker,
broker, or residential leasing agent pays the fees as
prescribed by rule and completes continuing education and
other requirements provided for by the Act or by rule. A
managing broker, broker, or residential leasing agent whose
license has been expired for more than 2 years but less than 5
years may have it restored by (i) applying to the Department,


(ii) paying the required fee, (iii) completing the continuing
education requirements for the most recent term of licensure
that ended prior to the date of the application for
reinstatement, and (iv) filing acceptable proof of fitness to
have the license restored, as set by rule. A managing broker,
broker, or residential leasing agent whose license has been
expired for more than 5 years shall be required to meet the
requirements for a new license.
(d) Notwithstanding any other provisions of this Act to
the contrary, any managing broker, broker, or residential
leasing agent whose license expired while the licensee was (i)
on active duty with the Armed Forces of the United States or
called into service or training by the state militia, (ii)
engaged in training or education under the supervision of the
United States preliminary to induction into military service,
or (iii) serving as the Coordinator of Real Estate in the State
of Illinois or as an employee of the Department may have the
license renewed, reinstated or restored without paying any
lapsed renewal fees, and without completing the continuing
education requirements for that licensure period if within 2
years after the termination of the service, training or
education the licensee furnishes by furnishing the Department
with satisfactory evidence of service, training, or education
and termination it has been terminated under honorable
conditions.
(e) Each licensee shall carry on one's person the license


or an electronic version thereof.
(f) The Department shall provide to the sponsoring broker
a notice of renewal for all sponsored licensees by mailing the
notice to the sponsoring broker's address of record, or, at
the Department's discretion, emailing the notice to the
sponsoring broker's email address of record.
(g) Upon request from the sponsoring broker, the
Department shall make available to the sponsoring broker, by
electronic means at the discretion of the Department, a
listing of licensees under this Act who, according to the
records of the Department, are sponsored by that broker. Every
licensee associated with or employed by a broker whose license
is revoked, suspended, or expired shall be considered inactive
until such time as the sponsoring broker's license is
reinstated or renewed, or a new valid sponsorship is
registered with the Department as set forth in subsection (b)
of Section 5-40 of this Act.
(h) The Department shall not issue or renew a license if
the applicant or licensee has an unpaid fine or fee from a
disciplinary matter or from a non-disciplinary action imposed
by the Department until the fine or fee is paid to the
Department or the applicant or licensee has entered into a
payment plan and is current on the required payments.
(i) The Department shall not issue or renew a license if
the applicant or licensee has an unpaid fine or civil penalty
imposed by the Department for unlicensed practice until the


fine or civil penalty is paid to the Department or the
applicant or licensee has entered into a payment plan and is
current on the required payments.
(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
(225 ILCS 454/5-60)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-60. Managing broker licensed in another state;
broker licensed in another state; reciprocal agreements; agent
for service of process.
(a) A managing broker's license may be issued by the
Department to a managing broker or its equivalent licensed
under the laws of another state of the United States, under the
following conditions:
(1) the managing broker holds a managing broker's
license in a state that has entered into a reciprocal
agreement with the Department;
(2) the standards for that state for licensing as a
managing broker are substantially equal to or greater than
the minimum standards in the State of Illinois;
(3) the managing broker has been actively practicing
as a managing broker in the managing broker's state of
licensure for a period of not less than 2 years,
immediately prior to the date of application;
(4) the managing broker furnishes the Department with
a statement under seal of the proper licensing authority


of the state in which the managing broker is licensed
showing that the managing broker has an active managing
broker's license, that the managing broker is in good
standing, and any disciplinary action taken that no
complaints are pending against the managing broker in that
state;
(5) the managing broker passes a test on Illinois
specific real estate brokerage laws; and
(6) the managing broker was licensed by an examination
in the state that has entered into a reciprocal agreement
with the Department.
(b) A broker's license may be issued by the Department to a
broker or its equivalent licensed under the laws of another
state of the United States, under the following conditions:
(1) the broker holds a broker's license in a state
that has entered into a reciprocal agreement with the
Department;
(2) the standards for that state for licensing as a
broker are substantially equivalent to or greater than the
minimum standards in the State of Illinois;
(3) (blank);
(4) the broker furnishes the Department with a
statement under seal of the proper licensing authority of
the state in which the broker is licensed showing that the
broker has an active broker's license, that the broker is
in good standing, and any disciplinary action taken that


no complaints are pending against the broker in that
state;
(5) the broker passes a test on Illinois specific real
estate brokerage laws; and
(6) the broker was licensed by an examination in a
state that has entered into a reciprocal agreement with
the Department.
(c) (Blank).
(d) As a condition precedent to the issuance of a license
to a managing broker or broker pursuant to this Section, the
managing broker or broker shall agree in writing to abide by
all the provisions of this Act with respect to his or her real
estate activities within the State of Illinois and submit to
the jurisdiction of the Department as provided in this Act.
The agreement shall be filed with the Department and shall
remain in force for so long as the managing broker or broker is
licensed by this State and thereafter with respect to acts or
omissions committed while licensed as a managing broker or
broker in this State.
(e) Prior to the issuance of any license to any managing
broker or broker pursuant to this Section, verification of
active licensure issued for the conduct of such business in
any other state must be filed with the Department by the
managing broker or broker, and the same fees must be paid as
provided in this Act for the obtaining of a managing broker's
or broker's license in this State.


(f) Licenses previously granted under reciprocal
agreements with other states shall remain in force so long as
the Department has a reciprocal agreement with the state that
includes the requirements of this Section, unless that license
is suspended, revoked, or terminated by the Department for any
reason provided for suspension, revocation, or termination of
a resident licensee's license. Licenses granted under
reciprocal agreements may be renewed in the same manner as a
resident's license.
(g) Prior to the issuance of a license to a nonresident
managing broker or broker, the managing broker or broker shall
file with the Department, in a manner prescribed by the
Department, a designation in writing that appoints the
Secretary to act as his or her agent upon whom all judicial and
other process or legal notices directed to the managing broker
or broker may be served. Service upon the agent so designated
shall be equivalent to personal service upon the licensee.
Copies of the appointment, certified by the Secretary, shall
be deemed sufficient evidence thereof and shall be admitted in
evidence with the same force and effect as the original
thereof might be admitted. In the written designation, the
managing broker or broker shall agree that any lawful process
against the licensee that is served upon the agent shall be of
the same legal force and validity as if served upon the
licensee and that the authority shall continue in force so
long as any liability remains outstanding in this State. Upon


the receipt of any process or notice, the Secretary shall
forthwith deliver a copy of the same by regular mail or email
to the last known business address or email address of the
licensee.
(h) Any person holding a valid license under this Section
shall be eligible to obtain a managing broker's license or a
broker's license without examination should that person change
their state of domicile to Illinois and that person otherwise
meets the qualifications for licensure under this Act.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/5-75)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-75. Out-of-state continuing education credit. If a
renewal applicant has earned continuing education hours in
another state or territory for which the applicant he or she is
claiming credit toward full compliance in Illinois, the
Department may approve those hours based upon whether the
course is one that would be approved under Section 5-70 of this
Act, whether the course meets the basic requirements for
continuing education under this Act, and any other criteria
that are provided by statute or rule.
(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
(225 ILCS 454/10-25)
(Section scheduled to be repealed on January 1, 2030)


Sec. 10-25. Expiration of brokerage agreement. No licensee
shall obtain any written brokerage agreement that does not
either provide for automatic expiration within a definite
period of time, and if longer than one year, or provide the
client with a right to terminate the agreement annually by
giving no more than 30 days' prior written notice. Any written
brokerage agreement not containing such a provision shall be
void. When the license of any sponsoring broker is suspended
or revoked, any brokerage agreement with the sponsoring broker
shall be deemed to expire upon the effective date of the
suspension or revocation.
(Source: P.A. 98-531, eff. 8-23-13.)
(225 ILCS 454/10-30)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-30. Advertising.
(a) No advertising, whether in print, via the Internet, or
through social media, digital forums, or any other media,
shall be fraudulent, deceptive, inherently misleading, or
proven to be misleading in practice. Advertising shall be
considered misleading or untruthful if, when taken as a whole,
there is a distinct and reasonable possibility that it will be
misunderstood or will deceive the ordinary consumer.
Advertising shall contain all information necessary to
communicate the information contained therein to the public in
an accurate, direct, and readily comprehensible manner. Team


names may not contain inherently misleading terms, such as
"company", "realty", "real estate", "agency", "associates",
"brokers", "properties", or "property".
(b) No blind advertisements may be used by any licensee,
in any media, except as provided for in this Section.
(c) A licensee shall disclose, in writing, to all parties
in a transaction the licensee's his or her status as a licensee
and any and all interest the licensee has or may have in the
real estate constituting the subject matter thereof, directly
or indirectly, according to the following guidelines:
(1) On broker yard signs or in broker advertisements,
no disclosure of ownership is necessary. However, the
ownership shall be indicated on any property data form
accessible to the consumer and disclosed to persons
responding to any advertisement or any sign. The term
"broker owned" or "agent owned" is sufficient disclosure.
(2) A sponsored or inactive licensee selling or
leasing property, owned solely by the sponsored or
inactive licensee, without utilizing brokerage services of
their sponsoring broker or any other licensee, may
advertise "By Owner". For purposes of this Section,
property is "solely owned" by a sponsored or inactive
licensee if the licensee he or she (i) has a 100% ownership
interest alone, (ii) has ownership as a joint tenant or
tenant by the entirety, or (iii) holds a 100% beneficial
interest in a land trust. Sponsored or inactive licensees


selling or leasing "By Owner" shall comply with the
following if advertising by owner:
(A) On "By Owner" yard signs, the sponsored or
inactive licensee shall indicate "broker owned" or
"agent owned." "By Owner" advertisements used in any
medium of advertising shall include the term "broker
owned" or "agent owned."
(B) If a sponsored or inactive licensee runs
advertisements, for the purpose of purchasing or
leasing real estate, the licensee he or she shall
disclose in the advertisements the licensee's his or
her status as a licensee.
(C) A sponsored or inactive licensee shall not use
the sponsoring broker's name or the sponsoring
broker's company name in connection with the sale,
lease, or advertisement of the property nor utilize
the sponsoring broker's or company's name in
connection with the sale, lease, or advertising of the
property in a manner likely to create confusion among
the public as to whether or not the services of a real
estate company are being utilized or whether or not a
real estate company has an ownership interest in the
property.
(d) A sponsored licensee may not advertise under the
licensee's his or her own name. Advertising in any media shall
be under the direct supervision of the sponsoring or


designated managing broker and in the sponsoring broker's
business name, which in the case of a franchise shall include
the franchise affiliation as well as the name of the
individual firm. This provision does not apply under the
following circumstances:
(1) When a licensee enters into a brokerage agreement
relating to his or her own real estate owned by the
licensee, or real estate in which the licensee he or she
has an ownership interest, with another licensed broker;
or
(2) When a licensee is selling or leasing his or her
own real estate owned by the licensee or buying or leasing
real estate for their own use himself or herself, after
providing the appropriate written disclosure of his or her
ownership interest as required in paragraph (2) of
subsection (c) of this Section.
(e) No licensee shall list the licensee's his or her name
or otherwise advertise in the licensee's his or her own name to
the general public through any medium of advertising as being
in the real estate business without listing the his or her
sponsoring broker's business name.
(f) The sponsoring broker's business name and the name of
the licensee must appear in all advertisements, including
business cards. In advertising that includes the sponsoring
broker's name and a team name or individual broker's name, the
sponsoring broker's business name shall be at least equal in


size or larger than the team name or that of the individual.
(g) Those individuals licensed as a managing broker and
designated with the Department as a designated managing broker
by their sponsoring broker shall identify themselves to the
public in advertising, except on "For Sale" or similar signs,
as a designated managing broker. No other individuals holding
a managing broker's license may hold themselves out to the
public or other licensees as a designated managing broker, but
they may hold themselves out to be a managing broker.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/20-20)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-20. Nature of and grounds for discipline.
(a) The Department may refuse to issue or renew a license,
may place on probation, suspend, or revoke any license,
reprimand, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $25,000 for each violation upon any licensee or
applicant under this Act or any person who holds oneself out as
an applicant or licensee or against a licensee in handling
one's own property, whether held by deed, option, or
otherwise, for any one or any combination of the following
causes:
(1) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with


applying for renewal of a license under this Act.
(2) The licensee's conviction of or plea of guilty or
plea of nolo contendere, as set forth in subsection (e) of
Section 5-25, to: (A) a felony or misdemeanor in this
State or any other jurisdiction; (B) the entry of an
administrative sanction by a government agency in this
State or any other jurisdiction; or (C) any crime that
subjects the licensee to compliance with the requirements
of the Sex Offender Registration Act.
(3) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, mental illness, or disability.
(4) Practice under this Act as a licensee in a retail
sales establishment from an office, desk, or space that is
not separated from the main retail business and located
within a separate and distinct area within the
establishment.
(5) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, or a
governmental agency authorized to impose discipline if at
least one of the grounds for that discipline is the same as
or the equivalent of one of the grounds for which a
licensee may be disciplined under this Act. A certified
copy of the record of the action by the other state or
jurisdiction shall be prima facie evidence thereof.
(6) Engaging in the practice of real estate brokerage


without a license or after the licensee's license or
temporary permit was expired or while the license was
inactive, revoked, or suspended.
(7) Cheating on or attempting to subvert the Real
Estate License Exam or a continuing education course or
examination.
(8) Aiding or abetting an applicant to subvert or
cheat on the Real Estate License Exam or continuing
education exam administered pursuant to this Act.
(9) Advertising that is inaccurate, misleading, or
contrary to the provisions of the Act.
(10) Making any substantial misrepresentation or
untruthful advertising.
(11) Making any false promises of a character likely
to influence, persuade, or induce.
(12) Pursuing a continued and flagrant course of
misrepresentation or the making of false promises through
licensees, employees, agents, advertising, or otherwise.
(13) Any misleading or untruthful advertising, or
using any trade name or insignia of membership in any real
estate organization of which the licensee is not a member.
(14) Acting for more than one party in a transaction
without providing written notice to all parties for whom
the licensee acts.
(15) Representing or attempting to represent, or
performing licensed activities for, a broker other than


the sponsoring broker.
(16) Failure to account for or to remit any moneys or
documents coming into the licensee's possession that
belong to others.
(17) Failure to maintain and deposit in a special
account, separate and apart from personal and other
business accounts, all escrow moneys belonging to others
entrusted to a licensee while acting as a broker, escrow
agent, or temporary custodian of the funds of others or
failure to maintain all escrow moneys on deposit in the
account until the transactions are consummated or
terminated, except to the extent that the moneys, or any
part thereof, shall be:
(A) disbursed prior to the consummation or
termination (i) in accordance with the written
direction of the principals to the transaction or
their duly authorized agents, (ii) in accordance with
directions providing for the release, payment, or
distribution of escrow moneys contained in any written
contract signed by the principals to the transaction
or their duly authorized agents, or (iii) pursuant to
an order of a court of competent jurisdiction; or
(B) deemed abandoned and transferred to the Office
of the State Treasurer to be handled as unclaimed
property pursuant to the Revised Uniform Unclaimed
Property Act. Escrow moneys may be deemed abandoned


under this subparagraph (B) only: (i) in the absence
of disbursement under subparagraph (A); (ii) in the
absence of notice of the filing of any claim in a court
of competent jurisdiction; and (iii) if 6 months have
elapsed after the receipt of a written demand for the
escrow moneys from one of the principals to the
transaction or the principal's duly authorized agent.
The account shall be noninterest bearing, unless the
character of the deposit is such that payment of interest
thereon is otherwise required by law or unless the
principals to the transaction specifically require, in
writing, that the deposit be placed in an interest-bearing
account.
(18) Failure to make available to the Department all
escrow records and related documents maintained in
connection with the practice of real estate within 24
hours of a request for those documents by Department
personnel.
(19) Failing to furnish copies upon request of
documents relating to a real estate transaction to a party
who has executed that document.
(20) Failure of a sponsoring broker or licensee to
timely provide sponsorship or termination of sponsorship
information to the Department.
(21) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,


defraud, or harm the public, including, but not limited
to, conduct set forth in rules adopted by the Department.
(22) Commingling the money or property of others with
the licensee's own money or property.
(23) Employing any person on a purely temporary or
single deal basis as a means of evading the law regarding
payment of commission to nonlicensees on some contemplated
transactions.
(24) Permitting the use of one's license as a broker
to enable a residential leasing agent or unlicensed person
to operate a real estate business without actual
participation therein and control thereof by the broker.
(25) Any other conduct, whether of the same or a
different character from that specified in this Section,
that constitutes dishonest dealing.
(26) Displaying a "for rent" or "for sale" sign on any
property without the written consent of an owner or the
owner's duly authorized agent or advertising by any means
that any property is for sale or for rent without the
written consent of the owner or the owner's authorized
agent.
(27) Failing to provide information requested by the
Department, or otherwise respond to that request, within
30 days of the request.
(28) Advertising by means of a blind advertisement,
except as otherwise permitted in Section 10-30 of this


Act.
(29) A licensee under this Act or an unlicensed
individual offering guaranteed sales plans, as defined in
Section 10-50, except to the extent set forth in Section
10-50.
(30) Influencing or attempting to influence, by any
words or acts, a prospective seller, purchaser, occupant,
landlord, or tenant of real estate, in connection with
viewing, buying, or leasing real estate, so as to promote
or tend to promote the continuance or maintenance of
racially and religiously segregated housing or so as to
retard, obstruct, or discourage racially integrated
housing on or in any street, block, neighborhood, or
community.
(31) Engaging in any act that constitutes a violation
of any provision of Article 3 of the Illinois Human Rights
Act, whether or not a complaint has been filed with or
adjudicated by the Human Rights Commission.
(32) Inducing any party to a contract of sale or lease
or brokerage agreement to break the contract of sale or
lease or brokerage agreement for the purpose of
substituting, in lieu thereof, a new contract for sale or
lease or brokerage agreement with a third party.
(33) Negotiating a sale, exchange, or lease of real
estate directly with any person if the licensee knows that
the person has an exclusive brokerage agreement with


another broker, unless specifically authorized by that
broker.
(34) When a licensee is also an attorney, acting as
the attorney for either the buyer or the seller in the same
transaction in which the licensee is acting or has acted
as a managing broker or broker.
(35) Advertising or offering merchandise or services
as free if any conditions or obligations necessary for
receiving the merchandise or services are not disclosed in
the same advertisement or offer. These conditions or
obligations include without limitation the requirement
that the recipient attend a promotional activity or visit
a real estate site. As used in this subdivision (35),
"free" includes terms such as "award", "prize", "no
charge", "free of charge", "without charge", and similar
words or phrases that reasonably lead a person to believe
that one may receive or has been selected to receive
something of value, without any conditions or obligations
on the part of the recipient.
(36) (Blank).
(37) Violating the terms of any a disciplinary order
issued by the Department.
(38) Paying or failing to disclose compensation in
violation of Article 10 of this Act.
(39) Requiring a party to a transaction who is not a
client of the licensee to allow the licensee to retain a


portion of the escrow moneys for payment of the licensee's
commission or expenses as a condition for release of the
escrow moneys to that party.
(40) Disregarding or violating any provision of this
Act or the published rules adopted by the Department to
enforce this Act or aiding or abetting any individual,
foreign or domestic partnership, registered limited
liability partnership, limited liability company,
corporation, or other business entity in disregarding any
provision of this Act or the published rules adopted by
the Department to enforce this Act.
(41) Failing to provide the minimum services required
by Section 15-75 of this Act when acting under an
exclusive brokerage agreement.
(42) Habitual or excessive use of or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in a managing broker, broker,
or residential leasing agent's inability to practice with
reasonable skill or safety.
(43) Enabling, aiding, or abetting an auctioneer, as
defined in the Auction License Act, to conduct a real
estate auction in a manner that is in violation of this
Act.
(44) Permitting any residential leasing agent or
temporary residential leasing agent permit holder to
engage in activities that require a broker's or managing


broker's license.
(45) Failing to notify the Department, within 30 days
after the occurrence, of the information required in
subsection (e) of Section 5-25.
(46) A designated managing broker's failure to provide
an appropriate written company policy or failure to
perform any of the duties set forth in Section 10-55.
(47) Filing liens or recording written instruments in
any county in the State on noncommercial, residential real
property that relate to a broker's compensation for
licensed activity under the Act.
(b) The Department may refuse to issue or renew or may
suspend the license of any person who fails to file a return,
pay the tax, penalty or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of that tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois.
(c) (Blank).
(d) In cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more
than 30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department may


refuse to issue or renew or may revoke or suspend that person's
license or may take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services in
accordance with item (5) of subsection (a) of Section 2105-15
of the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(e) (Blank).
(Source: P.A. 101-81, eff. 7-12-19; 101-357, eff. 8-9-19;
102-970, eff. 5-27-22.)
(225 ILCS 454/20-20.1)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-20.1. Citations.
(a) The Department may adopt rules to permit the issuance
of citations to any licensee for failure to comply with the
continuing education and post-license education requirements
set forth in this Act or as adopted by rule. The citation shall
be issued to the licensee, and a copy shall be sent to the
licensee's designated managing broker and sponsoring broker.
The citation shall contain the licensee's name and address,
the licensee's license number, the number of required hours of
continuing education or post-license education that have not
been successfully completed by the licensee's renewal
deadline, and the penalty imposed, which shall not exceed
$2,000. The issuance of any such citation shall not excuse the


licensee from completing all continuing education or
post-license education required for that term of licensure.
(b) Service of a citation shall be made by in person,
electronically, or by mail to the licensee at the licensee's
address of record or email address of record, and must clearly
state that if the cited licensee wishes to dispute the
citation, the cited licensee may make a written request,
within 30 days after the citation is served, for a hearing
before the Department. If the cited licensee does not request
a hearing within 30 days after the citation is served, then the
citation shall become a final, non-disciplinary order, and any
fine imposed is due and payable within 60 days after that final
order. If the cited licensee requests a hearing within 30 days
after the citation is served, the Department shall afford the
cited licensee a hearing conducted in the same manner as a
hearing provided for in this Act for any violation of this Act
and shall determine whether the cited licensee committed the
violation as charged and whether the fine as levied is
warranted. If the violation is found, any fine shall
constitute non-public discipline and be due and payable within
30 days after the order of the Secretary, which shall
constitute a final order of the Department. No change in
license status may be made by the Department until such time as
a final order of the Department has been issued.
(c) Payment of a fine that has been assessed pursuant to
this Section shall not constitute disciplinary action


reportable on the Department's website or elsewhere unless a
licensee has previously received 2 or more citations and has
been assessed 2 or more fines.
(d) Nothing in this Section shall prohibit or limit the
Department from taking further action pursuant to this Act and
rules for additional, repeated, or continuing violations.
(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
(225 ILCS 454/20-21.1 new)
Sec. 20-21.1. Injunctions; cease and desist order.
(a) If any person violates the provisions of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General or the State's Attorney
for any county in which the action is brought, petition for an
order enjoining the violation or for an order enforcing
compliance with this Act. Upon the filing of a verified
petition in court, the court may issue a temporary restraining
order, without notice or condition, and may preliminarily and
permanently enjoin the violation. If it is established that
the person has violated or is violating the injunction, the
Court may punish the offender for contempt of court.
Proceedings under this Section shall be in addition to, and
not in lieu of, all other remedies and penalties provided by
this Act.
(b) If, in the opinion of the Department, a person
violates a provision of this Act, the Department may issue a


ruling to show cause why an order to cease and desist should
not be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall
allow at least 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
(c) Other than as provided in Section 5-20 of this Act, if
any person practices as a managing broker, broker, or
residential leasing agent or holds themselves out as a
licensed sponsoring broker, managing broker, broker, or
residential leasing agent under this Act without being issued
a valid active license by the Department, then any licensed
sponsoring broker, managing broker, broker, residential
leasing agent, any interested party, or any person injured
thereby may, in addition to the Secretary, petition for relief
as provided in subsection (a).
(225 ILCS 454/20-22)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-22. Violations. Any person who is found working or
acting as a managing broker, broker, or residential leasing
agent or holding oneself himself or herself out as a licensed
sponsoring broker, managing broker, broker, or residential
leasing agent without being issued a valid active license is
guilty of a Class A misdemeanor and, on conviction of a second


or subsequent offense, the violator shall be guilty of a Class
4 felony.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/20-23)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-23. Confidentiality. All information collected by
the Department in the course of an examination or
investigation of a licensee or applicant, including, but not
limited to, any complaint against a licensee, applicant, or
any person who holds oneself himself or herself out as a
licensee or applicant that is filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law
enforcement agency shall not be disclosed by the agency for
any purpose to any other agency or person. A formal complaint
filed against a licensee by the Department or any order issued
by the Department against a licensee or applicant shall be a
public record, except as otherwise prohibited by law.
(Source: P.A. 98-553, eff. 1-1-14.)


(225 ILCS 454/20-25)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-25. Returned checks and dishonored credit card
charges; fees. Any person who (1) delivers a check or other
payment to the Department that is returned to the Department
unpaid by the financial institution upon which it is drawn
shall pay to the Department; or (2) presents a credit or debit
card for payment that is invalid or expired or against which
charges by the Department are declined or dishonored, in
addition to the amount already owed to the Department, a fee of
$50. The Department shall notify the person that payment of
fees and fines shall be paid to the Department by certified
check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the
date of the notification, the person has failed to submit the
necessary remittance, the Department shall automatically
revoke the license or deny the application, without hearing.
If, after revocation or denial, the person seeks a license,
the person he or she shall apply to the Department for
restoration or issuance of the license and pay all fees and
fines due to the Department. The Department may establish a
fee for the processing of an application for restoration of a
license to pay all expenses of processing this application.
The Secretary may waive the fees due under this Section in
individual cases where the Secretary finds that the fees would


be unreasonable or unnecessarily burdensome.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/20-60)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-60. Investigations notice and hearing. The
Department may investigate the actions of any applicant or of
any person who is an applicant or person or persons rendering
or offering to render services for which a license is required
by this Act or any person holding or claiming to hold a license
under this Act and may notify the his or her designated
managing broker and sponsoring broker of the pending
investigation. The Department shall, before revoking,
suspending, placing on probation, reprimanding, or taking any
other disciplinary action under Article 20 of this Act, at
least 30 days before the date set for the hearing, (i) notify
the person charged accused and the his or her designated
managing broker and sponsoring broker in writing of the
charges made and the time and place for the hearing on the
charges and whether the licensee's license has been
temporarily suspended pursuant to Section 20-65, (ii) direct
the person accused to file a written answer to the charges with
the Board under oath within 20 days after the service on him or
her of the notice, and (iii) inform the person accused that
failure if he or she fails to answer will result in a , default
will be taken against him or her or that the person's his or


her license may be suspended, revoked, placed on probationary
status, or other disciplinary action taken with regard to the
license, including limiting the scope, nature, or extent of
the ability to his or her practice, as the Department may
consider proper. At the time and place fixed in the notice, the
Board shall proceed to hear the charges and the parties or
their counsel shall be accorded ample opportunity to present
any pertinent statements, testimony, evidence, and arguments.
The Board may continue the hearing from time to time. In case
the person, after receiving the notice, fails to file an
answer, the person's his or her license may, in the discretion
of the Department, be suspended, revoked, placed on
probationary status, or the Department may take whatever
disciplinary action considered proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for that action under
this Act. The notice may be served by personal delivery, by
mail, or, at the discretion of the Department, by electronic
means as adopted by rule to the address or email address of
record specified by the accused in his or her last
notification with the Department and shall include notice to
the designated managing broker and sponsoring broker. A copy
of the Department's final disciplinary order shall be
delivered to the designated managing broker and sponsoring
broker.


(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
(225 ILCS 454/20-69)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-69. Restoration of a suspended or revoked license.
At any time after the successful completion of a term of
suspension, or revocation, or probation of a an individual's
license, the Department may restore it to the licensee, upon
the written recommendation of the Board, unless after an
investigation and a hearing the Board determines that
restoration is not in the public interest.
(Source: P.A. 102-970, eff. 5-27-22.)
(225 ILCS 454/20-72)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-72. Secretary; rehearing. If the Secretary
believes that substantial justice has not been done in the
revocation or suspension of a license, with respect to refusal
to issue, restore, or renew a license, or any other discipline
of an applicant, licensee, or unlicensed person, then the
Secretary he or she may order a rehearing by the same or other
examiners.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/25-10)
(Section scheduled to be repealed on January 1, 2030)


Sec. 25-10. Real Estate Administration and Disciplinary
Board; duties. There is created the Real Estate Administration
and Disciplinary Board. The Board shall be composed of 15
persons appointed by the Governor. Members shall be appointed
to the Board subject to the following conditions:
(1) All members shall have been residents and citizens
of this State for at least 6 years prior to the date of
appointment.
(2) Twelve members shall have been actively engaged as
managing brokers or brokers or both for at least the 10
years prior to the appointment, 2 of whom must possess an
active pre-license instructor license.
(3) Three members of the Board shall be public members
who represent consumer interests.
None of these members shall be (i) a person who is licensed
under this Act or a similar Act of another jurisdiction, (ii)
the spouse or immediate family member of a licensee, or (iii) a
person who has an ownership interest in a real estate
brokerage business.
The members' terms shall be for 4 years and until a
successor is appointed. No member shall be reappointed to the
Board for a term that would cause the member's cumulative
service to the Board to exceed 12 10 years. Appointments to
fill vacancies shall be for the unexpired portion of the term.
Those members of the Board that satisfy the requirements of
paragraph (2) shall be chosen in a manner such that no area of


the State shall be unreasonably represented. In making the
appointments, the Governor shall give due consideration to the
recommendations by members and organizations of the
profession. The Governor may terminate the appointment of any
member for cause that in the opinion of the Governor
reasonably justifies the termination. Cause for termination
shall include without limitation misconduct, incapacity,
neglect of duty, or missing 4 board meetings during any one
fiscal year. Each member of the Board may receive a per diem
stipend in an amount to be determined by the Secretary. While
engaged in the performance of duties, each member shall be
reimbursed for necessary expenses. Such compensation and
expenses shall be paid out of the Real Estate License
Administration Fund. The Secretary shall consider the
recommendations of the Board on questions involving standards
of professional conduct, discipline, education, and policies
and procedures under this Act. With regard to this subject
matter, the Secretary may establish temporary or permanent
committees of the Board and may consider the recommendations
of the Board on matters that include, but are not limited to,
criteria for the licensing and renewal of education providers,
pre-license and continuing education instructors, pre-license
and continuing education curricula, standards of educational
criteria, and qualifications for licensure and renewal of
professions, courses, and instructors. The Department, after
notifying and considering the recommendations of the Board, if


any, may issue rules, consistent with the provisions of this
Act, for the administration and enforcement thereof and may
prescribe forms that shall be used in connection therewith.
Eight Board members shall constitute a quorum. A quorum is
required for all Board decisions. A vacancy in the membership
of the Board shall not impair the right of a quorum to exercise
all of the rights and perform all of the duties of the Board.
The Board shall elect annually, at its first meeting of
the fiscal year, a vice chairperson who shall preside, with
voting privileges, at meetings when the chairperson is not
present. Members of the Board shall be immune from suit in an
action based upon any disciplinary proceedings or other acts
performed in good faith as members of the Board.
(Source: P.A. 102-970, eff. 5-27-22.)
(225 ILCS 454/25-25)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-25. Real Estate Research and Education Fund. A
special fund to be known as the Real Estate Research and
Education Fund is created and shall be held in trust in the
State Treasury. Annually, on September 15th, the State
Treasurer shall cause a transfer of $125,000 to the Real
Estate Research and Education Fund from the Real Estate
License Administration Fund. The Real Estate Research and
Education Fund shall be administered by the Department. Money
deposited in the Real Estate Research and Education Fund may


be used for research and for education at state institutions
of higher education or other organizations for research and
for education to further the advancement of education in the
real estate industry or can be used by the Department for
expenses related to the education of licensees. Of the
$125,000 annually transferred into the Real Estate Research
and Education Fund, $15,000 shall be used to fund a
scholarship program for persons of minority racial origin who
wish to pursue a course of study in the field of real estate.
For the purposes of this Section, "course of study" means a
course or courses that are part of a program of courses in the
field of real estate designed to further an individual's
knowledge or expertise in the field of real estate. These
courses shall include, without limitation, courses that a
broker licensed under this Act must complete to qualify for a
managing broker's license, courses required to obtain the
Graduate Realtors Institute designation, and any other courses
or programs offered by accredited colleges, universities, or
other institutions of higher education in Illinois. The
scholarship program shall be administered by the Department or
its designee. Moneys in the Real Estate Research and Education
Fund may be invested and reinvested in the same manner as funds
in the Real Estate Recovery Fund and all earnings, interest,
and dividends received from such investments shall be
deposited in the Real Estate Research and Education Fund and
may be used for the same purposes as moneys transferred to the


Real Estate Research and Education Fund. Moneys in the Real
Estate Research and Education Fund may be transferred to the
Professions Indirect Cost Fund as authorized under Section
2105-300 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/25-21 rep.)
Section 25. The Real Estate License Act of 2000 is amended
by repealing Section 25-21.
Section 30. The Real Estate Appraiser Licensing Act of
2002 is amended by changing Sections 1-10, 5-25, 10-5, 10-10,
15-10, 15-15, and 25-10 as follows:
(225 ILCS 458/1-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1-10. Definitions. As used in this Act, unless the
context otherwise requires:
"Accredited college or university, junior college, or
community college" means a college or university, junior
college, or community college that is approved or accredited
by the Board of Higher Education, a regional or national
accreditation association, or by an accrediting agency that is
recognized by the U.S. Secretary of Education.
"Address of record" means the designated street address,


which may not be a post office box, recorded by the Department
in the applicant's or licensee's application file or license
file as maintained by the Department.
"Applicant" means a person who applies to the Department
for a license under this Act.
"Appraisal" means (noun) the act or process of developing
an opinion of value; an opinion of value (adjective) of or
pertaining to appraising and related functions, such as
appraisal practice or appraisal services.
"Appraisal assignment" means a valuation service provided
pursuant to an agreement between an appraiser and a client.
"Appraisal firm" means an appraisal entity that is 100%
owned and controlled by a person or persons licensed in
Illinois as a certified general real estate appraiser or a
certified residential real estate appraiser. "Appraisal firm"
does not include an appraisal management company.
"Appraisal management company" means any corporation,
limited liability company, partnership, sole proprietorship,
subsidiary, unit, or other business entity that directly or
indirectly: (1) provides appraisal management services to
creditors or secondary mortgage market participants, including
affiliates; (2) provides appraisal management services in
connection with valuing the consumer's principal dwelling as
security for a consumer credit transaction (including consumer
credit transactions incorporated into securitizations); and
(3) any appraisal management company that, within a given


12-month period, oversees an appraiser panel of 16 or more
State-certified appraisers in Illinois or 25 or more
State-certified or State-licensed appraisers in 2 or more
jurisdictions. "Appraisal management company" includes a
hybrid entity.
"Appraisal practice" means valuation services performed by
an individual acting as an appraiser, including, but not
limited to, appraisal or appraisal review.
"Appraisal qualification board (AQB)" means the
independent board of the Appraisal Foundation, which, under
the provisions of Title XI of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989, establishes the
minimum education, experience, and examination requirements
for real property appraisers to obtain a state certification
or license.
"Appraisal report" means any communication, written or
oral, of an appraisal or appraisal review that is transmitted
to a client upon completion of an assignment.
"Appraisal review" means the act or process of developing
and communicating an opinion about the quality of another
appraiser's work that was performed as part of an appraisal,
appraisal review, or appraisal assignment.
"Appraisal Subcommittee" means the Appraisal Subcommittee
of the Federal Financial Institutions Examination Council as
established by Title XI.
"Appraiser" means a person who performs real estate or


real property appraisals competently and in a manner that is
independent, impartial, and objective.
"Appraiser panel" means a network, list, or roster of
licensed or certified appraisers approved by the appraisal
management company or by the end-user client to perform
appraisals as independent contractors for the appraisal
management company. "Appraiser panel" includes both appraisers
accepted by an appraisal management company for consideration
for future appraisal assignments and appraisers engaged by an
appraisal management company to perform one or more
appraisals. For the purposes of determining the size of an
appraiser panel, only independent contractors of hybrid
entities shall be counted towards the appraiser panel.
"AQB" means the Appraisal Qualifications Board of the
Appraisal Foundation.
"Associate real estate trainee appraiser" means an
entry-level appraiser who holds a license of this
classification under this Act with restrictions as to the
scope of practice in accordance with this Act.
"Automated valuation model" means an automated system that
is used to derive a property value through the use of available
property records and various analytic methodologies such as
comparable sales prices, home characteristics, and price
changes.
"Board" means the Real Estate Appraisal Administration and
Disciplinary Board.


"Broker price opinion" means an estimate or analysis of
the probable selling price of a particular interest in real
estate, which may provide a varying level of detail about the
property's condition, market, and neighborhood and information
on comparable sales. The activities of a real estate broker or
managing broker engaging in the ordinary course of business as
a broker, as defined in this Section, shall not be considered a
broker price opinion if no compensation is paid to the broker
or managing broker, other than compensation based upon the
sale or rental of real estate.
"Classroom hour" means 50 minutes of instruction out of
each 60-minute segment of coursework.
"Client" means the party or parties who engage an
appraiser by employment or contract in a specific appraisal
assignment.
"Comparative market analysis" is an analysis or opinion
regarding pricing, marketing, or financial aspects relating to
a specified interest or interests in real estate that may be
based upon an analysis of comparative market data, the
expertise of the real estate broker or managing broker, and
such other factors as the broker or managing broker may deem
appropriate in developing or preparing such analysis or
opinion. The activities of a real estate broker or managing
broker engaging in the ordinary course of business as a
broker, as defined in this Section, shall not be considered a
comparative market analysis if no compensation is paid to the


broker or managing broker, other than compensation based upon
the sale or rental of real estate.
"Coordinator" means the Real Estate Appraisal Coordinator
created in Section 25-15.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file maintained by
the Department.
"Evaluation" means a valuation permitted by the appraisal
regulations of the Federal Financial Institutions Examination
Council and its federal agencies for transactions that qualify
for the appraisal threshold exemption, business loan
exemption, or subsequent transaction exemption.
"Federal financial institutions regulatory agencies" means
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the Consumer Financial Protection
Bureau, and the National Credit Union Administration.
"Federally related transaction" means any real
estate-related financial transaction in which a federal
financial institutions regulatory agency engages in, contracts
for, or regulates and requires the services of an appraiser.
"Financial institution" means any bank, savings bank,
savings and loan association, credit union, mortgage broker,


mortgage banker, licensee under the Consumer Installment Loan
Act or the Sales Finance Agency Act, or a corporate fiduciary,
subsidiary, affiliate, parent company, or holding company of
any such licensee, or any institution involved in real estate
financing that is regulated by state or federal law.
"Hybrid entity" means an appraisal management company that
hires an appraiser as an employee to perform an appraisal and
engages an independent contractor to perform an appraisal.
"License" means the privilege conferred by the Department
to a person that has fulfilled all requirements prerequisite
to any type of licensure under this Act.
"Licensee" means any person licensed under this Act.
"Multi-state licensing system" means a web-based platform
that allows an applicant to submit the application or license
renewal application to the Department online.
"Person" means an individual, entity, sole proprietorship,
corporation, limited liability company, partnership, and joint
venture, foreign or domestic, except that when the context
otherwise requires, the term may refer to more than one
individual or other described entity.
"Real estate" means an identified parcel or tract of land,
including any improvements.
"Real estate related financial transaction" means any
transaction involving:
(1) the sale, lease, purchase, investment in, or
exchange of real property, including interests in property


or the financing thereof;
(2) the refinancing of real property or interests in
real property; and
(3) the use of real property or interest in property
as security for a loan or investment, including mortgage
backed securities.
"Real property" means the interests, benefits, and rights
inherent in the ownership of real estate.
"Secretary" means the Secretary of Financial and
Professional Regulation or the Secretary's designee.
"State certified general real estate appraiser" means an
appraiser who holds a license of this classification under
this Act and such classification applies to the appraisal of
all types of real property without restrictions as to the
scope of practice.
"State certified residential real estate appraiser" means
an appraiser who holds a license of this classification under
this Act and such classification applies to the appraisal of
one to 4 units of residential real property without regard to
transaction value or complexity, but with restrictions as to
the scope of practice in a federally related transaction in
accordance with Title XI, the provisions of USPAP, criteria
established by the AQB, and further defined by rule.
"Supervising appraiser" means either (i) an appraiser who
holds a valid license under this Act as either a State
certified general real estate appraiser or a State certified


residential real estate appraiser, who co-signs an appraisal
report for an associate real estate trainee appraiser or (ii)
a State certified general real estate appraiser who holds a
valid license under this Act who co-signs an appraisal report
for a State certified residential real estate appraiser on
properties other than one to 4 units of residential real
property without regard to transaction value or complexity.
"Title XI" means Title XI of the federal Financial
Institutions Reform, Recovery, and Enforcement Act of 1989.
"USPAP" means the Uniform Standards of Professional
Appraisal Practice as promulgated by the Appraisal Standards
Board pursuant to Title XI and by rule.
"Valuation services" means services pertaining to aspects
of property value.
(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;
102-970, eff. 5-27-22.)
(225 ILCS 458/5-25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-25. Renewal of license.
(a) The expiration date and renewal period for a State
certified general real estate appraiser license or a State
certified residential real estate appraiser license issued
under this Act shall be set by rule. Except as otherwise
provided in subsections (b) and (f) of this Section, the
holder of a license may renew the license within 90 days


preceding the expiration date by:
(1) completing and submitting to the Department, or
through a multi-state licensing system as designated by
the Secretary, a renewal application form as provided by
the Department;
(2) paying the required fees; and
(3) providing evidence to the Department, or through a
multi-state licensing system as designated by the
Secretary, of successful completion of the continuing
education requirements through courses approved by the
Department from education providers licensed by the
Department, as established by the AQB and by rule.
(b) A State certified general real estate appraiser or
State certified residential real estate appraiser whose
license under this Act has expired may renew the license for a
period of 2 years following the expiration date by complying
with the requirements of paragraphs (1), (2), and (3) of
subsection (a) of this Section and paying any late penalties
established by rule.
(c) (Blank).
(d) The expiration date and renewal period for an
associate real estate trainee appraiser license issued under
this Act shall be set by rule. Except as otherwise provided in
subsections (e) and (f) of this Section, the holder of an
associate real estate trainee appraiser license may renew the
license within 90 days preceding the expiration date by:


(1) completing and submitting to the Department, or
through a multi-state licensing system as designated by
the Secretary, a renewal application form as provided by
the Department;
(2) paying the required fees; and
(3) providing evidence to the Department, or through a
multi-state licensing system as designated by the
Secretary, of successful completion of the continuing
education requirements through courses approved by the
Department from education providers approved by the
Department, as established by rule.
(e) Any associate real estate trainee appraiser whose
license under this Act has expired may renew the license for a
period of 2 years following the expiration date by complying
with the requirements of paragraphs (1), (2), and (3) of
subsection (d) of this Section and paying any late penalties
as established by rule.
(f) Notwithstanding subsections (c) and (e), an appraiser
whose license under this Act has expired may renew or convert
the license without paying any lapsed renewal fees or late
penalties if the license expired while the appraiser was:
(1) on active duty with the United States Armed
Services;
(2) serving as the Coordinator or an employee of the
Department who was required to surrender the license
during the term of employment.


Application for renewal must be made within 2 years
following the termination of the military service or related
education, training, or employment and shall include an
affidavit from the licensee of engagement.
(g) The Department shall provide reasonable care and due
diligence to ensure that each licensee under this Act is
provided with a renewal application at least 90 days prior to
the expiration date, but timely renewal or conversion of the
license prior to its expiration date is the responsibility of
the licensee.
(h) The Department shall not issue or renew a license if
the applicant or licensee has an unpaid fine or fee from a
disciplinary matter or from a non-disciplinary action imposed
by the Department until the fine or fee is paid to the
Department or the applicant or licensee has entered into a
payment plan and is current on the required payments.
(i) The Department shall not issue or renew a license if
the applicant or licensee has an unpaid fine or civil penalty
imposed by the Department for unlicensed practice until the
fine or civil penalty is paid to the Department or the
applicant or licensee has entered into a payment plan and is
current on the required payments.
(Source: P.A. 101-81, eff. 7-12-19; 102-20, eff. 1-1-22;
102-970, eff. 5-27-22.)
(225 ILCS 458/10-5)


(Section scheduled to be repealed on January 1, 2027)
Sec. 10-5. Scope of practice.
(a) This Act does not limit a State certified general real
estate appraiser's scope of practice in a federally related
transaction. A State certified general real estate appraiser
may independently provide appraisal services, review, or
consult related to any type of property for which there is
related experience or competency by the appraiser. All such
appraisal practice must be made in accordance with the
provisions of USPAP, criteria established by the AQB, and
rules adopted pursuant to this Act.
(b) A State certified residential real estate appraiser is
limited in scope of practice to the provisions of USPAP,
criteria established by the AQB, and the rules adopted
pursuant to this Act.
(c) A State certified residential real estate appraiser
must have a State certified general real estate appraiser who
holds a valid license under this Act co-sign all appraisal
reports on properties other than one to 4 units of residential
real property without regard to transaction value or
complexity.
(d) An associate real estate trainee appraiser is limited
in scope of practice in all transactions or appraisal reports
in accordance with the provisions of USPAP, this Act, and the
rules adopted pursuant to this Act. In addition, an An
associate real estate trainee appraiser shall be required to


have a State certified general real estate appraiser or State
certified residential real estate appraiser who holds a valid
license under this Act to co-sign all appraisal reports. A
supervising appraiser may not supervise more than 3 associate
real estate trainee appraisers at one time. Associate real
estate trainee appraisers shall not be limited in the number
of concurrent supervising appraisers. A chronological
appraisal log on an approved log form shall be maintained by
the associate real estate trainee appraiser and shall be made
available to the Department upon request. Notwithstanding any
other provision of this subsection to the contrary, the
Appraisal Qualification Board may establish alternative
experience requirements as an associate real estate trainee
appraiser that is adopted by rule.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/10-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10-10. Standards of practice. All persons licensed
under this Act must comply with standards of professional
appraisal practice adopted by the Department. The Department
must adopt, as part of its rules, the Uniform Standards of
Professional Appraisal Practice (USPAP) as published from time
to time by the Appraisal Standards Board of the Appraisal
Foundation. The Department shall consider federal laws and
regulations, including, but not limited to, appraisal


qualification board policies and guidelines, regarding the
licensure of real estate appraisers prior to adopting its
rules for the administration of this Act. When an appraisal
obtained through an appraisal management company is used for
loan purposes, the borrower or loan applicant shall be
provided with a written disclosure of the total compensation
to the appraiser or appraisal firm within the body of the
appraisal report and it shall not be redacted or otherwise
obscured.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/15-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-10. Grounds for disciplinary action.
(a) The Department may suspend, revoke, refuse to issue,
renew, or restore a license and may reprimand place on
probation or administrative supervision, or take any
disciplinary or non-disciplinary action, including imposing
conditions limiting the scope, nature, or extent of the real
estate appraisal practice of a licensee or reducing the
appraisal rank of a licensee, and may impose an administrative
fine not to exceed $25,000 for each violation upon a licensee
or applicant under this Act or any person who holds oneself out
as an applicant or licensee for any one or combination of the
following:
(1) Procuring or attempting to procure a license by


knowingly making a false statement, submitting false
information, engaging in any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application
for licensure.
(2) Failing to meet the minimum qualifications for
licensure as an appraiser established by this Act.
(3) Paying money, other than for the fees provided for
by this Act, or anything of value to a member or employee
of the Board or the Department to procure licensure under
this Act.
(4) Conviction of, or plea of guilty or nolo
contendere, as enumerated in subsection (e) of Section
5-22, under the laws of any jurisdiction of the United
States: (i) that is a felony, misdemeanor, or
administrative sanction or (ii) that is a crime that
subjects the licensee to compliance with the requirements
of the Sex Offender Registration Act.
(5) Committing an act or omission involving
dishonesty, fraud, or misrepresentation with the intent to
substantially benefit the licensee or another person or
with intent to substantially injure another person as
defined by rule.
(6) Violating a provision or standard for the
development or communication of real estate appraisals as
provided in Section 10-10 of this Act or as defined by


rule.
(7) Failing or refusing without good cause to exercise
reasonable diligence in developing, reporting, or
communicating an appraisal, as defined by this Act or by
rule.
(8) Violating a provision of this Act or the rules
adopted pursuant to this Act.
(9) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, a
governmental agency, or any other entity authorized to
impose discipline if at least one of the grounds for that
discipline is the same as or the equivalent of one of the
grounds for which a licensee may be disciplined under this
Act.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(11) Accepting an appraisal assignment when the
employment itself is contingent upon the appraiser
reporting a predetermined estimate, analysis, or opinion
or when the fee to be paid is contingent upon the opinion,
conclusion, or valuation reached or upon the consequences
resulting from the appraisal assignment.
(12) Developing valuation conclusions based on the
race, color, religion, sex, national origin, ancestry,
age, marital status, family status, physical or mental


disability, sexual orientation, pregnancy, order of
protection status, military status, or unfavorable
military discharge, source of income, or any other
protected class as defined under the Illinois Human Rights
Act, of the prospective or present owners or occupants of
the area or property under appraisal.
(13) Violating the confidential nature of government
records to which the licensee gained access through
employment or engagement as an appraiser by a government
agency.
(14) Being adjudicated liable in a civil proceeding on
grounds of fraud, misrepresentation, or deceit. In a
disciplinary proceeding based upon a finding of civil
liability, the appraiser shall be afforded an opportunity
to present mitigating and extenuating circumstances, but
may not collaterally attack the civil adjudication.
(15) Being adjudicated liable in a civil proceeding
for violation of a state or federal fair housing law.
(16) Engaging in misleading or untruthful advertising
or using a trade name or insignia of membership in a real
estate appraisal or real estate organization of which the
licensee is not a member.
(17) Failing to fully cooperate with a Department
investigation by knowingly making a false statement,
submitting false or misleading information, or refusing to
provide complete information in response to written


interrogatories or a written request for documentation
within 30 days of the request.
(18) Failing to include within the certificate of
appraisal for all written appraisal reports the
appraiser's license number and licensure title. All
appraisers providing significant contribution to the
development and reporting of an appraisal must be
disclosed in the appraisal report. It is a violation of
this Act for an appraiser to sign a report, transmittal
letter, or appraisal certification knowing that a person
providing a significant contribution to the report has not
been disclosed in the appraisal report.
(19) Violating the terms of a disciplinary order or
consent to administrative supervision order.
(20) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in a licensee's inability to
practice with reasonable judgment, skill, or safety.
(21) A physical or mental illness or disability which
results in the inability to practice under this Act with
reasonable judgment, skill, or safety.
(22) Gross negligence in developing an appraisal or in
communicating an appraisal or failing to observe one or
more of the Uniform Standards of Professional Appraisal
Practice.
(23) A pattern of practice or other behavior that


demonstrates incapacity or incompetence to practice under
this Act.
(24) Using or attempting to use the seal, certificate,
or license of another as one's own; falsely impersonating
any duly licensed appraiser; using or attempting to use an
inactive, expired, suspended, or revoked license; or
aiding or abetting any of the foregoing.
(25) Solicitation of professional services by using
false, misleading, or deceptive advertising.
(26) Making a material misstatement in furnishing
information to the Department.
(27) Failure to furnish information to the Department
upon written request.
(b) The Department may reprimand suspend, revoke, or
refuse to issue or renew an education provider's license, may
reprimand, place on probation, or otherwise discipline an
education provider and may suspend or revoke the course
approval of any course offered by an education provider and
may impose an administrative fine not to exceed $25,000 upon
an education provider, for any of the following:
(1) Procuring or attempting to procure licensure by
knowingly making a false statement, submitting false
information, engaging in any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application
for licensure.


(2) Failing to comply with the covenants certified to
on the application for licensure as an education provider.
(3) Committing an act or omission involving
dishonesty, fraud, or misrepresentation or allowing any
such act or omission by any employee or contractor under
the control of the provider.
(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in
accordance with rules adopted under this Act.
(6) Failing to meet the topic or time requirements for
course approval as the provider of a qualifying curriculum
course or a continuing education course.
(7) Failing to administer an approved course using the
course materials, syllabus, and examinations submitted as
the basis of the course approval.
(8) Failing to provide an appropriate classroom
environment for presentation of courses, with
consideration for student comfort, acoustics, lighting,
seating, workspace, and visual aid material.
(9) Failing to maintain student records in compliance
with the rules adopted under this Act.
(10) Failing to provide a certificate, transcript, or
other student record to the Department or to a student as
may be required by rule.
(11) Failing to fully cooperate with an investigation
by the Department by knowingly making a false statement,


submitting false or misleading information, or refusing to
provide complete information in response to written
interrogatories or a written request for documentation
within 30 days of the request.
(c) In appropriate cases, the Department may resolve a
complaint against a licensee through the issuance of a Consent
to Administrative Supervision order. A licensee subject to a
Consent to Administrative Supervision order shall be
considered by the Department as an active licensee in good
standing. This order shall not be reported or considered by
the Department to be a discipline of the licensee. The records
regarding an investigation and a Consent to Administrative
Supervision order shall be considered confidential and shall
not be released by the Department except as mandated by law. A
complainant shall be notified if the complaint has been
resolved by a Consent to Administrative Supervision order.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/15-15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-15. Investigation; notice; hearing.
(a) Upon the motion of the Department or the Board or upon
a complaint in writing of a person setting forth facts that, if
proven, would constitute grounds for suspension, revocation,
or other disciplinary action, the Department shall investigate
the actions or qualifications of any person who is against a


licensee, or applicant for licensure, unlicensed person,
person rendering or offering to render appraisal services, or
holding or claiming to hold a license under this Act the
Department shall investigate the actions of the licensee or
applicant. If, upon investigation, the Department believes
that there may be cause for suspension, revocation, or other
disciplinary action, the Department shall use the services of
a State certified general real estate appraiser, a State
certified residential real estate appraiser, or the
Coordinator to assist in determining whether grounds for
disciplinary action exist prior to commencing formal
disciplinary proceedings.
(b) Formal disciplinary proceedings shall commence upon
the issuance of a written complaint describing the charges
that are the basis of the disciplinary action and delivery of
the detailed complaint to the address of record of the person
charged licensee or applicant. For an associate real estate
trainee appraiser, a copy shall also be sent to the licensee's
supervising appraiser of record. The Department shall notify
the person licensee or applicant to file a verified written
answer within 20 days after the service of the notice and
complaint. The notification shall inform the person licensee
or applicant of the right to be heard in person or by legal
counsel; that the hearing will be afforded not sooner than 20
days after service of the complaint; that failure to file an
answer will result in a default being entered against the


person licensee or applicant; that the license may be
suspended, revoked, or placed on probationary status; and that
other disciplinary action may be taken pursuant to this Act,
including limiting the scope, nature, or extent of the
licensee's practice. If the person licensee or applicant fails
to file an answer after service of notice, the respective
license may, at the discretion of the Department, be
suspended, revoked, or placed on probationary status and the
Department may take whatever disciplinary action it deems
proper, including limiting the scope, nature, or extent of the
person's practice, without a hearing.
(c) At the time and place fixed in the notice, the Board
shall conduct hearing of the charges, providing both the
accused person charged and the complainant ample opportunity
to present in person or by counsel such statements, testimony,
evidence, and argument as may be pertinent to the charges or to
a defense thereto.
(d) The Board shall present to the Secretary a written
report of its findings of fact and recommendations. A copy of
the report shall be served upon the person licensee or
applicant, either personally, by mail, or, at the discretion
of the Department, by electronic means. For associate real
estate trainee appraisers, a copy shall also be sent to the
licensee's supervising appraiser of record. Within 20 days
after the service, the person licensee or applicant may
present the Secretary with a motion in writing for a rehearing


and shall specify the particular grounds for the request. If
the person accused orders a transcript of the record as
provided in this Act, the time elapsing thereafter and before
the transcript is ready for delivery to the person accused
shall not be counted as part of the 20 days. If the Secretary
is not satisfied that substantial justice has been done, the
Secretary may order a rehearing by the Board or other special
committee appointed by the Secretary, may remand the matter to
the Board for its reconsideration of the matter based on the
pleadings and evidence presented to the Board, or may enter a
final order in contravention of the Board's recommendation.
Notwithstanding a person's licensee's or applicant's failure
to file a motion for rehearing, the Secretary shall have the
right to take any of the actions specified in this subsection
(d). Upon the suspension or revocation of a license, the
licensee shall be required to surrender the respective license
to the Department, and upon failure or refusal to do so, the
Department shall have the right to seize the license.
(e) The Department has the power to issue subpoenas and
subpoenas duces tecum to bring before it any person in this
State, to take testimony, or to require production of any
records relevant to an inquiry or hearing by the Board in the
same manner as prescribed by law in judicial proceedings in
the courts of this State. In a case of refusal of a witness to
attend, testify, or to produce books or papers concerning a
matter upon which the witness might be lawfully examined, the


circuit court of the county where the hearing is held, upon
application of the Department or any party to the proceeding,
may compel obedience by proceedings as for contempt.
(f) Any license that is revoked may not be restored for a
minimum period of 3 years.
(g) In addition to the provisions of this Section
concerning the conduct of hearings and the recommendations for
discipline, the Department has the authority to negotiate
disciplinary and non-disciplinary settlement agreements
concerning any license issued under this Act. All such
agreements shall be recorded as Consent Orders or Consent to
Administrative Supervision Orders.
(h) The Secretary shall have the authority to appoint an
attorney duly licensed to practice law in the State of
Illinois to serve as the hearing officer in any action to
suspend, revoke, or otherwise discipline any license issued by
the Department. The Hearing Officer shall have full authority
to conduct the hearing.
(i) The Department, at its expense, shall preserve a
record of all formal hearings of any contested case involving
the discipline of a license. At all hearings or pre-hearing
conferences, the Department and the licensee shall be entitled
to have the proceedings transcribed by a certified shorthand
reporter. A copy of the transcribed proceedings shall be made
available to the licensee by the certified shorthand reporter
upon payment of the prevailing contract copy rate.


(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
(225 ILCS 458/25-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-10. Real Estate Appraisal Administration and
Disciplinary Board; appointment.
(a) There is hereby created the Real Estate Appraisal
Administration and Disciplinary Board. The Board shall be
composed of the Coordinator and 10 persons appointed by the
Governor. Members shall be appointed to the Board subject to
the following conditions:
(1) All appointed members shall have been residents
and citizens of this State for at least 5 years prior to
the date of appointment.
(2) The appointed membership of the Board should
reasonably reflect the geographic distribution of the
population of the State.
(3) Four appointed members shall have been actively
engaged and currently licensed as State certified general
real estate appraisers for a period of not less than 5
years.
(4) Three appointed members shall have been actively
engaged and currently licensed as State certified
residential real estate appraisers for a period of not
less than 5 years.
(5) One appointed member shall hold a valid license as


a real estate broker for at least 3 years prior to the date
of the appointment and shall hold either a valid State
certified general real estate appraiser license or a valid
State certified residential appraiser license issued under
this Act or a predecessor Act for a period of at least 5
years prior to the appointment.
(6) One appointed member shall be a representative of
a financial institution, as evidenced by proof of
employment with a financial institution.
(7) One appointed member shall represent the interests
of the general public. This member or the member's spouse
shall not be licensed under this Act nor be employed by or
have any financial interest in an appraisal business,
appraisal management company, real estate brokerage
business, or a financial institution.
In making appointments as provided in paragraphs (3) and
(4) of this subsection, the Governor shall give due
consideration to recommendations by members and organizations
representing the profession.
In making the appointments as provided in paragraph (5) of
this subsection, the Governor shall give due consideration to
the recommendations by members and organizations representing
the real estate industry.
In making the appointment as provided in paragraph (6) of
this subsection, the Governor shall give due consideration to
the recommendations by members and organizations representing


financial institutions.
(b) The members' terms shall be for 4 years or until a
successor is appointed. No member shall be reappointed to the
Board for a term that would cause the member's cumulative
service to the Board to exceed 12 10 years. Appointments to
fill vacancies shall be for the unexpired portion of the term.
(c) The Governor may terminate the appointment of a member
for cause that, in the opinion of the Governor, reasonably
justifies the termination. Cause for termination may include,
without limitation, misconduct, incapacity, neglect of duty,
or missing 4 Board meetings during any one fiscal year.
(d) A majority of the Board members shall constitute a
quorum. A vacancy in the membership of the Board shall not
impair the right of a quorum to exercise all of the rights and
perform all of the duties of the Board.
(e) The Board shall meet at least monthly and may be
convened by the Chairperson, Vice-Chairperson, or 3 members of
the Board upon 10 days written notice.
(f) The Board shall, annually at the first meeting of the
fiscal year, elect a Chairperson and Vice-Chairperson from its
members. The Chairperson shall preside over the meetings and
shall coordinate with the Coordinator in developing and
distributing an agenda for each meeting. In the absence of the
Chairperson, the Vice-Chairperson shall preside over the
meeting.
(g) The Coordinator shall serve as a member of the Board


without vote.
(h) The Board shall advise and make recommendations to the
Department on the education and experience qualifications of
any applicant for initial licensure as a State certified
general real estate appraiser or a State certified residential
real estate appraiser. The Department shall not make any
decisions concerning education or experience qualifications of
an applicant for initial licensure as a State certified
general real estate appraiser or a State certified residential
real estate appraiser without having first received the advice
and recommendation of the Board and shall give due
consideration to all such advice and recommendations; however,
if the Board does not render advice or make a recommendation
within a reasonable amount of time, then the Department may
render a decision.
(i) Except as provided in Section 15-17 of this Act, the
Board shall hear and make recommendations to the Secretary on
disciplinary matters that require a formal evidentiary
hearing. The Secretary shall give due consideration to the
recommendations of the Board involving discipline and
questions involving standards of professional conduct of
licensees.
(j) The Department shall seek and the Board shall provide
recommendations to the Department consistent with the
provisions of this Act and for the administration and
enforcement of all rules adopted pursuant to this Act. The


Department shall give due consideration to such
recommendations prior to adopting rules.
(k) The Department shall seek and the Board shall provide
recommendations to the Department on the approval of all
courses submitted to the Department pursuant to this Act and
the rules adopted pursuant to this Act. The Department shall
not approve any courses without having first received the
recommendation of the Board and shall give due consideration
to such recommendations prior to approving and licensing
courses; however, if the Board does not make a recommendation
within a reasonable amount of time, then the Department may
approve courses.
(l) Each voting member of the Board may receive a per diem
stipend in an amount to be determined by the Secretary. While
engaged in the performance of duties, each member shall be
reimbursed for necessary expenses.
(m) Members of the Board shall be immune from suit in an
action based upon any disciplinary proceedings or other acts
performed in good faith as members of the Board.
(n) If the Department disagrees with any advice or
recommendation provided by the Board under this Section to the
Secretary or the Department, then notice of such disagreement
must be provided to the Board by the Department.
(o) (Blank).
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)


Section 35. The Appraisal Management Company Registration
Act is amended by changing Sections 65, 75, and 95 as follows:
(225 ILCS 459/65)
Sec. 65. Disciplinary actions.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$25,000 for each violation upon any registrant or applicant
under this Act or entity who holds oneself or itself out as an
applicant or registrant , with regard to any registration for
any one or combination of the following:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or of the rules adopted
under this Act.
(3) Conviction of, or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof or
that is a misdemeanor of which an essential element is
dishonesty, or any crime that is directly related to the
practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining registration or violating any provision of this
Act or the rules adopted under this Act pertaining to


advertising.
(5) Professional incompetence.
(6) Gross malpractice.
(7) Aiding or assisting another person in violating
any provision of this Act or rules adopted under this Act.
(8) Failing, within 30 days after requested, to
provide information in response to a written request made
by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section.
(11) A finding by the Department that the registrant,
after having the registrant's his or her registration
placed on probationary status, has violated the terms of
probation.
(12) Willfully making or filing false records or
reports in the registrant's his or her practice,
including, but not limited to, false records filed with
State agencies or departments.
(13) Filing false statements for collection of fees
for which services are not rendered.


(14) Practicing under a false or, except as provided
by law, an assumed name.
(15) Fraud or misrepresentation in applying for, or
procuring, a registration under this Act or in connection
with applying for renewal of a registration under this
Act.
(16) Being adjudicated liable in a civil proceeding
for violation of a state or federal fair housing law.
(17) Failure to obtain or maintain the bond required
under Section 50 of this Act.
(18) Failure to pay appraiser panel fees or appraisal
management company national registry fees.
(19) Violating the terms of any order issued by the
Department.
(b) The Department may refuse to issue or may suspend
without hearing as provided for in the Civil Administrative
Code of Illinois the registration of any person who fails to
file a return, or to pay the tax, penalty, or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(c) An appraisal management company shall not be
registered or included on the national registry if the
company, in whole or in part, directly or indirectly, is owned
by a person who has had an appraiser license or certificate


refused, denied, canceled, surrendered in lieu of revocation,
or revoked under the Real Estate Appraiser Licensing Act of
2002 or the rules adopted under that Act, or similar
discipline by another state, the District of Columbia, a
territory, a foreign nation, a governmental agency, or an
entity authorized to impose discipline if at least one of the
grounds for that discipline is the same as or the equivalent of
one of the grounds for which a licensee may be disciplined as
set forth under this Section.
(Source: P.A. 100-604, eff. 7-13-18; 101-81, eff. 7-12-19.)
(225 ILCS 459/75)
Sec. 75. Investigations; notice and hearing.  The
Department may investigate the actions of any person who is an
applicant or of any person or persons rendering or offering to
render any services requiring registration under this Act or
any person holding or claiming to hold a registration as an
appraisal management company. The Department shall, before
revoking, suspending, placing on probation, reprimanding, or
taking any other disciplinary or non-disciplinary action under
Section 65 of this Act, at least 30 days before the date set
for the hearing, (i) notify the person charged accused in
writing of the charges made and the time and place for the
hearing on the charges, (ii) direct the person him or her to
file a written answer to the charges with the Department under
oath within 20 days after the service on him or her of the


notice, and (iii) inform the person accused that, if the
person he or she fails to answer, default will be entered taken
against him or her or that the person's his or her registration
may be suspended, revoked, placed on probationary status, or
other disciplinary action taken with regard to the
registration, including limiting the scope, nature, or extent
of the person's his or her practice, as the Department may
consider proper. At the time and place fixed in the notice, the
Department shall proceed to hear the charges and the parties
or their counsel shall be accorded ample opportunity to
present any pertinent statements, testimony, evidence, and
arguments. The Department may continue the hearing from time
to time. In case the person, after receiving the notice, fails
to file an answer, the person's his or her registration may, in
the discretion of the Department, be suspended, revoked,
placed on probationary status, or the Department may take
whatever disciplinary action considered proper, including
limiting the scope, nature, or extent of the person's practice
or the imposition of a fine, without a hearing, if the act or
acts charged constitute sufficient grounds for that action
under this Act. The written notice may be served by personal
delivery or by certified mail or electronic mail to the last
address of record or email address of record as provided to
specified by the accused in his or her last notification with
the Department or, if in the course of the administrative
proceeding the party has previously designated a specific


email address at which to accept electronic service for that
specific proceeding, by sending a copy by email to the party's
email address on record.
(Source: P.A. 97-602, eff. 8-26-11.)
(225 ILCS 459/95)
Sec. 95. Findings and recommendations. At the conclusion
of the hearing, the designated hearing officer shall present
to the Secretary a written report of his or her findings of
fact, conclusions of law, and recommendations. The report
shall contain a finding whether or not the accused person
charged violated this Act or its rules or failed to comply with
the conditions required in this Act or its rules. The hearing
officer shall specify the nature of any violations or failure
to comply and shall make his or her recommendations to the
Secretary. In making recommendations for any disciplinary
actions, the hearing officer may take into consideration all
facts and circumstances bearing upon the reasonableness of the
conduct of the person charged accused and the potential for
future harm to the public, including, but not limited to,
previous discipline of the accused by the Department, intent,
degree of harm to the public and likelihood of harm in the
future, any restitution made by the accused, and whether the
incident or incidents contained in the complaint appear to be
isolated or represent a continuing pattern of conduct. In
making his or her recommendations for discipline, the hearing


officer shall endeavor to ensure that the severity of the
discipline recommended is reasonably related to the severity
of the violation. The report of findings of fact, conclusions
of law, and recommendation of the hearing officer shall be the
basis for the Department's order refusing to issue, restore,
or renew a registration, or otherwise disciplining a person
registrant. If the Secretary disagrees with the
recommendations of the hearing officer, the Secretary may
issue an order in contravention of the hearing officer
recommendations. The finding is not admissible in evidence
against the person in a criminal prosecution brought for a
violation of this Act, but the hearing and finding are not a
bar to a criminal prosecution brought for a violation of this
Act.
(Source: P.A. 97-602, eff. 8-26-11.)