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Illinois Senate Bill SB1866

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1866 Compare Versions

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1-Public Act 103-0236
21 SB1866 EnrolledLRB103 26535 AMQ 52898 b SB1866 Enrolled LRB103 26535 AMQ 52898 b
32 SB1866 Enrolled LRB103 26535 AMQ 52898 b
4-AN ACT concerning regulation.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Auction License Act is amended by changing
8-Sections 10-30, 10-40, 10-50, 20-15, 20-43, 20-50, 20-65, and
9-30-30 and by adding Sections 20-110, 20-115, 25-110, and
10-25-115 as follows:
11-(225 ILCS 407/10-30)
12-(Section scheduled to be repealed on January 1, 2030)
13-Sec. 10-30. Expiration, renewal, and continuing education.
14-(a) License expiration dates, renewal periods, renewal
15-fees, and procedures for renewal of licenses issued under this
16-Act shall be set by rule of the Department. An entity may renew
17-its license by paying the required fee and by meeting the
18-renewal requirements adopted by the Department under this
19-Section.
20-(b) All renewal applicants must provide proof as
21-determined by the Department of having met the continuing
22-education requirements by the deadline set forth by the
23-Department by rule. At a minimum, the rules shall require an
24-applicant for renewal licensure as an auctioneer to provide
25-proof of the completion of at least 12 hours of continuing
26-education during the pre-renewal period established by the
3+1 AN ACT concerning regulation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Auction License Act is amended by changing
7+5 Sections 10-30, 10-40, 10-50, 20-15, 20-43, 20-50, 20-65, and
8+6 30-30 and by adding Sections 20-110, 20-115, 25-110, and
9+7 25-115 as follows:
10+8 (225 ILCS 407/10-30)
11+9 (Section scheduled to be repealed on January 1, 2030)
12+10 Sec. 10-30. Expiration, renewal, and continuing education.
13+11 (a) License expiration dates, renewal periods, renewal
14+12 fees, and procedures for renewal of licenses issued under this
15+13 Act shall be set by rule of the Department. An entity may renew
16+14 its license by paying the required fee and by meeting the
17+15 renewal requirements adopted by the Department under this
18+16 Section.
19+17 (b) All renewal applicants must provide proof as
20+18 determined by the Department of having met the continuing
21+19 education requirements by the deadline set forth by the
22+20 Department by rule. At a minimum, the rules shall require an
23+21 applicant for renewal licensure as an auctioneer to provide
24+22 proof of the completion of at least 12 hours of continuing
25+23 education during the pre-renewal period established by the
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33-Department for completion of continuing education from schools
34-approved by the Department, as established by rule.
35-(c) The Department, in its discretion, may waive
36-enforcement of the continuing education requirements of this
37-Section and shall adopt rules defining the standards and
38-criteria for such waiver.
39-(d) (Blank).
40-(e) The Department shall not issue or renew a license if
41-the applicant or licensee has an unpaid fine or fee from a
42-disciplinary matter or from a non-disciplinary action imposed
43-by the Department until the fine or fee is paid to the
44-Department or the applicant or licensee has entered into a
45-payment plan and is current on the required payments.
46-(f) The Department shall not issue or renew a license if
47-the applicant or licensee has an unpaid fine or civil penalty
48-imposed by the Department for unlicensed practice until the
49-fine or civil penalty is paid to the Department or the
50-applicant or licensee has entered into a payment plan and is
51-current on the required payments.
52-(Source: P.A. 102-970, eff. 5-27-22.)
53-(225 ILCS 407/10-40)
54-(Section scheduled to be repealed on January 1, 2030)
55-Sec. 10-40. Restoration.
56-(a) A licensee whose license has lapsed or expired shall
57-have 2 years from the expiration date to restore licensure his
58-
59-
60-or her license without examination. The expired licensee shall
61-make application to the Department on forms provided by the
62-Department, provide evidence of successful completion of 12
63-hours of approved continuing education during the period of
64-time the license had lapsed, and pay all fees and penalties as
65-established by rule.
66-(b) Notwithstanding any other provisions of this Act to
67-the contrary, any licensee whose license under this Act has
68-expired is eligible to restore such license without paying any
69-lapsed fees and penalties if the license expired while the
70-licensee was:
71-(1) on active duty with the United States Army, United
72-States Marine Corps, United States Navy, United States Air
73-Force, United States Coast Guard, the State Militia called
74-into service or training;
75-(2) engaged in training or education under the
76-supervision of the United States prior to induction into
77-military service; or
78-(3) serving as an employee of the Department, while
79-the employee was required to surrender the his or her
80-license due to a possible conflict of interest.
81-A licensee shall also be eligible to restore a license
82-under paragraphs (1), (2), and (3) without completing the
83-continuing education requirements for that licensure period.
84-For this subsection for a period of 2 years following the
85-termination of the service or education if the termination was
86-
87-
88-by other than dishonorable discharge and the licensee
89-furnishes the Department with an affidavit specifying that the
90-licensee has been so engaged.
91-(c) At any time after the suspension, revocation,
92-placement on probationary status, or other disciplinary action
93-taken under this Act with reference to any license, the
94-Department may restore the license to the licensee without
95-examination upon the order of the Secretary, if the licensee
96-submits a properly completed application, pays the appropriate
97-fees, and otherwise complies with the conditions of the order.
98-(Source: P.A. 101-345, eff. 8-9-19.)
99-(225 ILCS 407/10-50)
100-(Section scheduled to be repealed on January 1, 2030)
101-Sec. 10-50. Fees; disposition of funds.
102-(a) The Department shall establish by rule a schedule of
103-fees for the administration and maintenance of this Act. Such
104-fees shall be nonrefundable.
105-(b) Prior to July 1, 2023, all fees collected under this
106-Act shall be deposited into the General Professions Dedicated
107-Fund and appropriated to the Department for the ordinary and
108-contingent expenses of the Department in the administration of
109-this Act. Beginning on July 1, 2023, all fees, fines,
110-penalties, or other monies received or collected pursuant to
111-this Act shall be deposited in the Division of Real Estate
112-General Fund. On or after July 1, 2023, at the direction of the
113-
114-
115-Department, the Comptroller shall direct and the Treasurer
116-shall transfer the remaining balance of funds collected under
117-this Act from the General Professions Dedicated Fund to the
118-Division of Real Estate General Fund.
119-(Source: P.A. 102-970, eff. 5-27-22.)
120-(225 ILCS 407/20-15)
121-(Section scheduled to be repealed on January 1, 2030)
122-Sec. 20-15. Disciplinary actions; grounds. The Department
123-may refuse to issue or renew a license, may place on probation
124-or administrative supervision, suspend, or revoke any license
125-or may reprimand or take other disciplinary or
126-non-disciplinary action as the Department may deem proper,
127-including the imposition of fines not to exceed $10,000 for
128-each violation upon any licensee or applicant anyone licensed
129-under this Act or any person or entity who holds oneself out as
130-an applicant or licensee for any of the following reasons:
131-(1) False or fraudulent representation or material
132-misstatement in furnishing information to the Department
133-in obtaining or seeking to obtain a license.
134-(2) Violation of any provision of this Act or the
135-rules adopted under this Act.
136-(3) Conviction of or entry of a plea of guilty or nolo
137-contendere, as set forth in subsection (c) of Section
138-10-5, to any crime that is a felony or misdemeanor under
139-the laws of the United States or any state or territory
140-
141-
142-thereof, or entry of an administrative sanction by a
143-government agency in this State or any other jurisdiction.
144-(3.5) Failing to notify the Department, within 30 days
145-after the occurrence, of the information required in
146-subsection (c) of Section 10-5.
147-(4) Being adjudged to be a person under legal
148-disability or subject to involuntary admission or to meet
149-the standard for judicial admission as provided in the
150-Mental Health and Developmental Disabilities Code.
151-(5) Discipline of a licensee by another state, the
152-District of Columbia, a territory of the United States, a
153-foreign nation, a governmental agency, or any other entity
154-authorized to impose discipline if at least one of the
155-grounds for that discipline is the same as or the
156-equivalent to one of the grounds for discipline set forth
157-in this Act or for failing to report to the Department,
158-within 30 days, any adverse final action taken against the
159-licensee by any other licensing jurisdiction, government
160-agency, law enforcement agency, or court, or liability for
161-conduct that would constitute grounds for action as set
162-forth in this Act.
163-(6) Engaging in the practice of auctioneering,
164-conducting an auction, or providing an auction service
165-without a license or after the license was expired,
166-revoked, suspended, or terminated or while the license was
167-inoperative.
168-
169-
170-(7) Attempting to subvert or cheat on the auctioneer
171-exam or any continuing education exam, or aiding or
172-abetting another to do the same.
173-(8) Directly or indirectly giving to or receiving from
174-a person, firm, corporation, partnership, or association a
175-fee, commission, rebate, or other form of compensation for
176-professional service not actually or personally rendered,
177-except that an auctioneer licensed under this Act may
178-receive a fee from another licensed auctioneer from this
179-State or jurisdiction for the referring of a client or
180-prospect for auction services to the licensed auctioneer.
181-(9) Making any substantial misrepresentation or
182-untruthful advertising.
183-(10) Making any false promises of a character likely
184-to influence, persuade, or induce.
185-(11) Pursuing a continued and flagrant course of
186-misrepresentation or the making of false promises through
187-a licensee, agent, employee, advertising, or otherwise.
188-(12) Any misleading or untruthful advertising, or
189-using any trade name or insignia of membership in any
190-auctioneer association or organization of which the
191-licensee is not a member.
192-(13) Commingling funds of others with the licensee's
193-own funds or failing to keep the funds of others in an
194-escrow or trustee account.
195-(14) Failure to account for, remit, or return any
196-
197-
198-moneys, property, or documents coming into the licensee's
199-possession that belong to others, acquired through the
200-practice of auctioneering, conducting an auction, or
201-providing an auction service within 30 days of the written
202-request from the owner of said moneys, property, or
203-documents.
204-(15) Failure to maintain and deposit into a special
205-account, separate and apart from any personal or other
206-business accounts, all moneys belonging to others
207-entrusted to a licensee while acting as an auctioneer,
208-auction firm, or as a temporary custodian of the funds of
209-others.
210-(16) Failure to make available to Department personnel
211-during normal business hours all escrow and trustee
212-records and related documents maintained in connection
213-with the practice of auctioneering, conducting an auction,
214-or providing an auction service within 24 hours after a
215-request from Department personnel.
216-(17) Making or filing false records or reports in the
217-licensee's practice, including, but not limited to, false
218-records or reports filed with State agencies.
219-(18) Failing to voluntarily furnish copies of all
220-written instruments prepared by the auctioneer and signed
221-by all parties to all parties at the time of execution.
222-(19) Failing to provide information within 30 days in
223-response to a written request made by the Department.
224-
225-
226-(20) Engaging in any act that constitutes a violation
227-of Section 2-102, 3-103, or 3-105 of the Illinois Human
228-Rights Act.
229-(21) (Blank).
230-(22) Engaging in dishonorable, unethical, or
231-unprofessional conduct of a character likely to deceive,
232-defraud, or harm the public.
233-(23) Offering or advertising real estate for sale or
234-lease at auction without a valid broker or managing
235-broker's license under the Real Estate License Act of
236-1983, or any successor Act, unless exempt from licensure
237-under the terms of the Real Estate License Act of 2000, or
238-any successor Act, except as provided in Section 5-32 of
239-the Real Estate License Act of 2000.
240-(24) Inability to practice the profession with
241-reasonable judgment, skill, or safety as a result of a
242-physical illness, mental illness, or disability.
243-(25) A pattern of practice or other behavior that
244-demonstrates incapacity or incompetence to practice under
245-this Act.
246-(26) Being named as a perpetrator in an indicated
247-report by the Department of Children and Family Services
248-under the Abused and Neglected Child Reporting Act and
249-upon proof by clear and convincing evidence that the
250-licensee has caused a child to be an abused child or a
251-neglected child as defined in the Abused and Neglected
252-
253-
254-Child Reporting Act.
255-(27) Inability to practice with reasonable judgment,
256-skill, or safety as a result of habitual or excessive use
257-or addiction to alcohol, narcotics, stimulants, or any
258-other chemical agent or drug.
259-(28) Willfully failing to report an instance of
260-suspected child abuse or neglect as required by the Abused
261-and Neglected Child Reporting Act.
262-(29) Violating the terms of any order issued by the
263-Department.
264-(Source: P.A. 101-345, eff. 8-9-19; 102-970, eff. 5-27-22.)
265-(225 ILCS 407/20-43)
266-(Section scheduled to be repealed on January 1, 2030)
267-Sec. 20-43. Investigations; notice and hearing. The
268-Department may investigate the actions or qualifications of
269-any person who is an applicant, unlicensed person, or person
270-rendering or offering to render auction services, or holding
271-or claiming to hold a license as a licensed auctioneer. At
272-least 30 days before any disciplinary hearing under this Act,
273-the Department shall: (i) notify the person charged accused in
274-writing of the charges made and the time and place of the
275-hearing; (ii) direct the person accused to file with the Board
276-a written answer under oath to the charges within 20 days of
277-receiving service of the notice; and (iii) inform the person
278-accused that if the person he or she fails to file an answer to
279-
280-
281-the charges within 20 days of receiving service of the notice,
282-a default judgment may be entered and the against him or her,
283-or his or her license may be suspended, revoked, placed on
284-probationary status, or other disciplinary action taken with
285-regard to the license as the Department may consider proper,
286-including, but not limited to, limiting the scope, nature, or
287-extent of the licensee's practice, or imposing a fine.
288-At the time and place of the hearing fixed in the notice,
289-the Board shall proceed to hear the charges, and the person
290-accused or person's his or her counsel shall be accorded ample
291-opportunity to present any pertinent statements, testimony,
292-evidence, and arguments in the person's his or her defense.
293-The Board may continue the hearing when it deems it
294-appropriate.
295-Notice of the hearing may be served by personal delivery,
296-by certified mail, or, at the discretion of the Department, by
297-an electronic means to the person's licensee's last known
298-address or email address of record or, if in the course of the
299-administrative proceeding the party has previously designated
300-a specific email address at which to accept electronic service
301-for that specific proceeding, by sending a copy by email to the
302-party's email address on record.
303-(Source: P.A. 101-345, eff. 8-9-19.)
304-(225 ILCS 407/20-50)
305-(Section scheduled to be repealed on January 1, 2030)
306-
307-
308-Sec. 20-50. Findings and recommendations. At the
309-conclusion of the hearing, the Board shall present to the
310-Secretary a written report of its findings of fact,
311-conclusions of law, and recommendations. The report shall
312-contain a finding whether or not the accused person charged
313-violated this Act or any rules promulgated pursuant to this
314-Act. The Board shall specify the nature of any violations and
315-shall make its recommendations to the Secretary. In making
316-recommendations for any disciplinary action, the Board may
317-take into consideration all facts and circumstances bearing
318-upon the reasonableness of the conduct of the person accused,
319-including, but not limited to, previous discipline of the
320-person accused by the Department, intent, degree of harm to
321-the public and likelihood of future harm to the public, any
322-restitution made by the person accused, and whether the
323-incident or incidents contained in the complaint appear to be
324-isolated or represent a continuing pattern of conduct. In
325-making its recommendations for discipline, the Board shall
326-endeavor to ensure that the severity of the discipline
327-recommended is reasonably proportional to the severity of the
328-violation.
329-The report of the Board's findings of fact, conclusions of
330-law, and recommendations shall be the basis for the
331-Department's decision to refuse to issue, restore, or renew a
332-license, or to take any other disciplinary action. If the
333-Secretary disagrees with the recommendations of the Board, the
334-
335-
336-Secretary may issue an order in contravention of the Board
337-recommendations. The report's findings are not admissible in
338-evidence against the person in a criminal prosecution brought
339-for a violation of this Act, but the hearing and findings are
340-not a bar to a criminal prosecution for the violation of this
341-Act.
342-If the Secretary disagrees in any regard with the report
343-of the Advisory Board, the Secretary may issue an order in
344-contravention of the report. The Secretary shall provide a
345-written report to the Advisory Board on any deviation and
346-shall specify with particularity the reasons for that action
347-in the final order.
348-(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
349-(225 ILCS 407/20-65)
350-(Section scheduled to be repealed on January 1, 2030)
351-Sec. 20-65. Restoration of license. At any time after the
352-suspension, or revocation, or probation of any license, the
353-Department may restore the license to the accused person upon
354-the written recommendation of the Advisory Board, unless after
355-an investigation and a hearing the Advisory Board determines
356-that restoration is not in the public interest.
357-(Source: P.A. 95-572, eff. 6-1-08.)
358-(225 ILCS 407/20-110 new)
359-Sec. 20-110. Cease and desist orders. The Department may
360-
361-
362-issue a cease and desist order to a person who engages in
363-activities prohibited by this Act. Any person in violation of
364-a cease and desist order issued by the Department is subject to
365-all of the penalties provided by law.
366-(225 ILCS 407/20-115 new)
367-Sec. 20-115. Statute of limitations. No action may be
368-taken under this Act against a person or entity licensed under
369-this Act unless the action is commenced within 5 years after
370-the occurrence of the alleged violation. A continuing
371-violation is deemed to have occurred on the date when the
372-circumstances last existed that gave rise to the alleged
373-continuing violation.
374-(225 ILCS 407/25-110 new)
375-Sec. 25-110. Licensing of auction schools.
376-(a) Only an auction school licensed by the Department may
377-provide the continuing education courses required for
378-licensure under this Act.
379-(b) An auction school may also provide the course required
380-to obtain the real estate auction certification in Section
381-5-32 of the Real Estate License Act of 2000. The course shall
382-be approved by the Real Estate Administration and Disciplinary
383-Board pursuant to Section 25-10 of the Real Estate License Act
384-of 2000.
385-(c) A person or entity seeking to be licensed as an auction
386-
387-
388-school under this Act shall provide satisfactory evidence of
389-the following:
390-(1) a sound financial base for establishing,
391-promoting, and delivering the necessary courses;
392-(2) a sufficient number of qualified instructors;
393-(3) adequate support personnel to assist with
394-administrative matters and technical assistance;
395-(4) a qualified school administrator, who is
396-responsible for the administration of the school, courses,
397-and the actions of the instructors;
398-(5) proof of good standing with the Secretary of State
399-and authority to conduct business in this State; and
400-(6) any other requirements provided by rule.
401-(d) All applicants for an auction schools license shall
402-make initial application to the Department in a manner
403-prescribed by the Department and pay the appropriate fee as
404-provided by rule. In addition to any other information
405-required to be contained in the application as prescribed by
406-rule, every application for an original or renewed license
407-shall include the applicant's Taxpayer Identification Number.
408-The term, expiration date, and renewal of an auction schools
409-license shall be established by rule.
410-(e) An auction school shall provide each successful course
411-participant with a certificate of completion signed by the
412-school administrator. The format and content of the
413-certificate shall be specified by rule.
414-
415-
416-(f) All auction schools shall provide to the Department a
417-roster of all successful course participants as provided by
418-rule.
419-(225 ILCS 407/25-115 new)
420-Sec. 25-115. Course approval.
421-(a) Only courses that are approved by the Department and
422-offered by licensed auction schools shall be used to meet the
423-requirements of this Act and rules.
424-(b) An auction school licensed under this Act may submit
425-courses to the Department for approval. The criteria,
426-requirements, and fees for courses shall be established by
427-rule.
428-(c) For each course approved, the Department shall issue
429-certification of course approval to the auction school. The
430-term, expiration date, and renewal of a course approval shall
431-be established by rule.
432-(225 ILCS 407/30-30)
433-(Section scheduled to be repealed on January 1, 2030)
434-Sec. 30-30. Auction Advisory Board.
435-(a) There is hereby created the Auction Advisory Board.
436-The Advisory Board shall consist of 7 members and shall be
437-appointed by the Secretary. In making the appointments, the
438-Secretary shall give due consideration to the recommendations
439-by members and organizations of the industry, including, but
440-
441-
442-not limited to, the Illinois State Auctioneers Association.
443-Five members of the Advisory Board shall be licensed
444-auctioneers. One member shall be a public member who
445-represents the interests of consumers and who is not licensed
446-under this Act or the spouse of a person licensed under this
447-Act or who has any responsibility for management or formation
448-of policy of or any financial interest in the auctioneering
449-profession. One member shall be actively engaged in the real
450-estate industry and licensed as a broker or managing broker.
451-The Advisory Board shall annually elect, at its first meeting
452-of the fiscal year, one of its members to serve as Chairperson.
453-(b) The members' terms shall be for 4 years and until a
454-successor is appointed. No member shall be reappointed to the
455-Board for a term that would cause the member's cumulative
456-service to the Board to exceed 12 10 years. Appointments to
457-fill vacancies shall be made by the Secretary for the
458-unexpired portion of the term. To the extent practicable, the
459-Secretary shall appoint members to ensure that the various
460-geographic regions of the State are properly represented on
461-the Advisory Board. The Secretary shall remove from the Board
462-any member whose license has been revoked or suspended and may
463-remove any member of the Board for neglect of duty,
464-misconduct, incompetence, or for missing 2 board meetings
465-during any one fiscal year.
466-(c) Four Board members shall constitute a quorum. A quorum
467-is required for all Board decisions. A vacancy in the
468-
469-
470-membership of the Board shall not impair the right of a quorum
471-to exercise all of the rights and perform all of the duties of
472-the Board.
473-(d) Each member of the Advisory Board may receive a per
474-diem stipend in an amount to be determined by the Secretary.
475-While engaged in the performance of duties, each member shall
476-be reimbursed for necessary expenses.
477-(e) Members of the Advisory Board shall be immune from
478-suit in an action based upon any disciplinary proceedings or
479-other acts performed in good faith as members of the Advisory
480-Board.
481-(f) The Advisory Board shall meet as convened by the
482-Department.
483-(g) The Advisory Board shall advise the Department on
484-matters of licensing and education and make recommendations to
485-the Department on those matters and shall hear and make
486-recommendations to the Secretary on disciplinary matters that
487-require a formal evidentiary hearing.
488-(h) The Secretary shall give due consideration to all
489-recommendations of the Advisory Board.
490-(Source: P.A. 102-970, eff. 5-27-22.)
491-Section 10. The Community Association Manager Licensing
492-and Disciplinary Act is amended by changing Sections 25, 32,
493-60, 85, 95, and 130 as follows:
494-
495-
496-(225 ILCS 427/25)
497-(Section scheduled to be repealed on January 1, 2027)
498-Sec. 25. Community Association Manager Licensing and
499-Disciplinary Board.
500-(a) There is hereby created the Community Association
501-Manager Licensing and Disciplinary Board, which shall consist
502-of 7 members appointed by the Secretary. All members must be
503-residents of the State and must have resided in the State for
504-at least 5 years immediately preceding the date of
505-appointment. Five members of the Board must be licensees under
506-this Act. Two members of the Board shall be owners of, or hold
507-a shareholder's interest in, a unit in a community association
508-at the time of appointment who are not licensees under this Act
509-and have no direct affiliation with the community
510-association's community association manager. This Board shall
511-act in an advisory capacity to the Department.
512-(b) The term of each member shall be for 4 years and until
513-that member's successor is appointed. No member shall be
514-reappointed to the Board for a term that would cause the
515-member's cumulative service to the Board to exceed 12 10
516-years. Appointments to fill vacancies shall be made by the
517-Secretary for the unexpired portion of the term. The Secretary
518-shall remove from the Board any member whose license has
519-become void or has been revoked or suspended and may remove any
520-member of the Board for neglect of duty, misconduct, or
521-incompetence, or for missing 2 board meetings during any one
522-
523-
524-fiscal year. A member who is subject to formal disciplinary
525-proceedings shall be disqualified from all Board business
526-until the charge is resolved. A member also shall be
527-disqualified from any matter on which the member cannot act
528-objectively.
529-(c) Four Board members shall constitute a quorum. A quorum
530-is required for all Board decisions. A vacancy in the
531-membership of the Board shall not impair the right of a quorum
532-to exercise all of the rights and perform all of the duties of
533-the Board.
534-(d) The Board shall elect annually, at its first meeting
535-of the fiscal year, a chairperson and vice chairperson.
536-(e) Each member shall be reimbursed for necessary expenses
537-incurred in carrying out the duties as a Board member. The
538-Board may receive a per diem stipend in an amount to be
539-determined by the Secretary.
540-(f) The Board may recommend policies, procedures, and
541-rules relevant to the administration and enforcement of this
542-Act.
543-(g) Members of the Board shall be immune from suit in an
544-action based upon any disciplinary proceedings or other acts
545-performed in good faith as members of the Board.
546-(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
547-(225 ILCS 427/32)
548-(Section scheduled to be repealed on January 1, 2027)
549-
550-
551-Sec. 32. Social Security Number or Individual Taxpayer
552-Federal Tax Identification Number on license application. In
553-addition to any other information required to be contained in
554-the application, every application for an original license
555-under this Act shall include the applicant's Social Security
556-Number or Individual Taxpayer Federal Tax Identification
557-Number, which shall be retained in the Department's records
558-pertaining to the license. As soon as practical, the
559-Department shall assign a customer's identification number to
560-each applicant for a license.
561-Every application for a renewal or restored license shall
562-require the applicant's customer identification number.
563-(Source: P.A. 97-400, eff. 1-1-12; 98-365, eff. 1-1-14.)
564-(225 ILCS 427/60)
565-(Section scheduled to be repealed on January 1, 2027)
566-Sec. 60. Licenses; renewals; restoration; person in
567-military service.
568-(a) The expiration date, fees, and renewal period for each
569-license issued under this Act shall be set by rule. The
570-Department may promulgate rules requiring continuing education
571-and set all necessary requirements for such, including, but
572-not limited to, fees, approved coursework, number of hours,
573-and waivers of continuing education.
574-(b) Any licensee who has an expired license may have the
575-license restored by applying to the Department and filing
576-
577-
578-proof acceptable to the Department of fitness to have the
579-expired license restored, which may include sworn evidence
580-certifying to active practice in another jurisdiction
581-satisfactory to the Department, complying with any continuing
582-education requirements, and paying the required restoration
583-fee.
584-(c) Any person whose license expired while (i) in federal
585-service on active duty with the Armed Forces of the United
586-States or called into service or training with the State
587-Militia, or (ii) in training or education under the
588-supervision of the United States preliminary to induction into
589-the military service, or (iii) serving as an employee of the
590-Department may have the license renewed or restored without
591-paying any lapsed renewal fees and without completing the
592-continuing education requirements for that licensure period
593-if, within 2 years after honorable termination of the service,
594-training, or education, except under condition other than
595-honorable, the licensee furnishes the Department with
596-satisfactory evidence of engagement and that the service,
597-training, or education has been so honorably terminated.
598-(d) A community association manager or community
599-association management firm that notifies the Department, in a
600-manner prescribed by the Department, may place the license on
601-inactive status for a period not to exceed 2 years and shall be
602-excused from the payment of renewal fees until the person
603-notifies the Department in writing of the intention to resume
604-
605-
606-active practice.
607-(e) A community association manager or community
608-association management firm requesting that the license be
609-changed from inactive to active status shall be required to
610-pay the current renewal fee and shall also demonstrate
611-compliance with the continuing education requirements.
612-(f) No licensee with a nonrenewed or inactive license
613-status or community association management firm operating
614-without a designated community association manager shall
615-provide community association management services as set forth
616-in this Act.
617-(g) Any person violating subsection (f) of this Section
618-shall be considered to be practicing without a license and
619-will be subject to the disciplinary provisions of this Act.
620-(h) The Department shall not issue or renew a license if
621-the applicant or licensee has an unpaid fine or fee from a
622-disciplinary matter or from a non-disciplinary action imposed
623-by the Department until the fine or fee is paid to the
624-Department or the applicant or licensee has entered into a
625-payment plan and is current on the required payments.
626-(i) The Department shall not issue or renew a license if
627-the applicant or licensee has an unpaid fine or civil penalty
628-imposed by the Department for unlicensed practice until the
629-fine or civil penalty is paid to the Department or the
630-applicant or licensee has entered into a payment plan and is
631-current on the required payments.
632-
633-
634-(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
635-(225 ILCS 427/85)
636-(Section scheduled to be repealed on January 1, 2027)
637-Sec. 85. Grounds for discipline; refusal, revocation, or
638-suspension.
639-(a) The Department may refuse to issue or renew a license,
640-or may place on probation, reprimand, suspend, or revoke any
641-license, or take any other disciplinary or non-disciplinary
642-action as the Department may deem proper and impose a fine not
643-to exceed $10,000 for each violation upon any licensee or
644-applicant under this Act or any person or entity who holds
645-oneself out as an applicant or licensee for any one or
646-combination of the following causes:
647-(1) Material misstatement in furnishing information to
648-the Department.
649-(2) Violations of this Act or its rules.
650-(3) Conviction of or entry of a plea of guilty or plea
651-of nolo contendere, as set forth in subsection (f) of
652-Section 40, to (i) a felony or a misdemeanor under the laws
653-of the United States, any state, or any other jurisdiction
654-or entry of an administrative sanction by a government
655-agency in this State or any other jurisdiction or (ii) a
656-crime that subjects the licensee to compliance with the
657-requirements of the Sex Offender Registration Act; or the
658-entry of an administrative sanction by a government agency
659-
660-
661-in this State or any other jurisdiction.
662-(4) Making any misrepresentation for the purpose of
663-obtaining a license or violating any provision of this Act
664-or its rules.
665-(5) Professional incompetence.
666-(6) Gross negligence.
667-(7) Aiding or assisting another person in violating
668-any provision of this Act or its rules.
669-(8) Failing, within 30 days, to provide information in
670-response to a request made by the Department.
671-(9) Engaging in dishonorable, unethical, or
672-unprofessional conduct of a character likely to deceive,
673-defraud, or harm the public as defined by the rules of the
674-Department, or violating the rules of professional conduct
675-adopted by the Department.
676-(10) Habitual or excessive use or addiction to
677-alcohol, narcotics, stimulants, or any other chemical
678-agent or drug that results in the inability to practice
679-with reasonable judgment, skill, or safety.
680-(11) Having been disciplined by another state, the
681-District of Columbia, a territory, a foreign nation, or a
682-governmental agency authorized to impose discipline if at
683-least one of the grounds for the discipline is the same or
684-substantially equivalent of one of the grounds for which a
685-licensee may be disciplined under this Act. A certified
686-copy of the record of the action by the other state or
687-
688-
689-jurisdiction shall be prima facie evidence thereof.
690-(12) Directly or indirectly giving to or receiving
691-from any person, firm, corporation, partnership, or
692-association any fee, commission, rebate, or other form of
693-compensation for any services not actually or personally
694-rendered.
695-(13) A finding by the Department that the licensee,
696-after having the license placed on probationary status,
697-has violated the terms of probation.
698-(14) Willfully making or filing false records or
699-reports relating to a licensee's practice, including, but
700-not limited to, false records filed with any State or
701-federal agencies or departments.
702-(15) Being named as a perpetrator in an indicated
703-report by the Department of Children and Family Services
704-under the Abused and Neglected Child Reporting Act and
705-upon proof by clear and convincing evidence that the
706-licensee has caused a child to be an abused child or
707-neglected child as defined in the Abused and Neglected
708-Child Reporting Act.
709-(16) Physical illness or mental illness or impairment
710-that results in the inability to practice the profession
711-with reasonable judgment, skill, or safety.
712-(17) Solicitation of professional services by using
713-false or misleading advertising.
714-(18) A finding that licensure has been applied for or
715-
716-
717-obtained by fraudulent means.
718-(19) Practicing or attempting to practice under a name
719-other than the full name as shown on the license or any
720-other legally authorized name unless approved by the
721-Department.
722-(20) Gross overcharging for professional services
723-including, but not limited to, (i) collection of fees or
724-moneys for services that are not rendered; and (ii)
725-charging for services that are not in accordance with the
726-contract between the licensee and the community
727-association.
728-(21) Improper commingling of personal and client funds
729-in violation of this Act or any rules promulgated thereto.
730-(22) Failing to account for or remit any moneys or
731-documents coming into the licensee's possession that
732-belong to another person or entity.
733-(23) Giving differential treatment to a person that is
734-to that person's detriment on the basis of race, color,
735-sex, ancestry, age, order of protection status, marital
736-status, physical or mental disability, military status,
737-unfavorable discharge from military status, sexual
738-orientation, pregnancy, religion, or national origin.
739-(24) Performing and charging for services without
740-reasonable authorization to do so from the person or
741-entity for whom service is being provided.
742-(25) Failing to make available to the Department, upon
743-
744-
745-request, any books, records, or forms required by this
746-Act.
747-(26) Purporting to be a designated community
748-association manager of a firm without active participation
749-in the firm and having been designated as such.
750-(27) Failing to make available to the Department at
751-the time of the request any indicia of licensure issued
752-under this Act.
753-(28) Failing to maintain and deposit funds belonging
754-to a community association in accordance with subsection
755-(b) of Section 55 of this Act.
756-(29) Violating the terms of any a disciplinary order
757-issued by the Department.
758-(30) Operating a community association management firm
759-without a designated community association manager who
760-holds an active community association manager license.
761-(31) For a designated community association manager,
762-failing to meet the requirements for acting as a
763-designated community association manager.
764-(32) Failing to disclose to a community association
765-any compensation received by a licensee from a third party
766-in connection with or related to a transaction entered
767-into by the licensee on behalf of the community
768-association.
769-(33) Failing to disclose to a community association,
770-at the time of making the referral, that a licensee (A) has
771-
772-
773-greater than a 1% ownership interest in a third party to
774-which it refers the community association; or (B) receives
775-or may receive dividends or other profit sharing
776-distributions from a third party, other than a publicly
777-held or traded company, to which it refers the community
778-association.
779-(b) (Blank).
780-(c) The determination by a circuit court that a licensee
781-is subject to involuntary admission or judicial admission, as
782-provided in the Mental Health and Developmental Disabilities
783-Code, operates as an automatic suspension. The suspension will
784-terminate only upon a finding by a court that the patient is no
785-longer subject to involuntary admission or judicial admission
786-and the issuance of an order so finding and discharging the
787-patient, and upon the recommendation of the Board to the
788-Secretary that the licensee be allowed to resume practice as a
789-licensed community association manager.
790-(d) In accordance with subsection (g) of Section 2105-15
791-of the Department of Professional Regulation Law of the Civil
792-Administrative Code of Illinois (20 ILCS 2105/2105-15), the
793-Department may refuse to issue or renew or may suspend the
794-license of any person who fails to file a return, to pay the
795-tax, penalty, or interest shown in a filed return, or to pay
796-any final assessment of tax, penalty, or interest, as required
797-by any tax Act administered by the Department of Revenue,
798-until such time as the requirements of that tax Act are
799-
800-
801-satisfied.
802-(e) In accordance with subdivision (a)(5) of Section
803-2105-15 of the Department of Professional Regulation Law of
804-the Civil Administrative Code of Illinois (20 ILCS
805-2105/2105-15) and in cases where the Department of Healthcare
806-and Family Services (formerly Department of Public Aid) has
807-previously determined that a licensee or a potential licensee
808-is more than 30 days delinquent in the payment of child support
809-and has subsequently certified the delinquency to the
810-Department, the Department may refuse to issue or renew or may
811-revoke or suspend that person's license or may take other
812-disciplinary action against that person based solely upon the
813-certification of delinquency made by the Department of
814-Healthcare and Family Services.
815-(f) (Blank).
816-(Source: P.A. 102-20, eff. 1-1-22.)
817-(225 ILCS 427/95)
818-(Section scheduled to be repealed on January 1, 2027)
819-Sec. 95. Investigation; notice and hearing. The
820-Department may investigate the actions or qualifications of a
821-person, which includes an entity, or other business applying
822-for, holding or claiming to hold, or holding oneself out as
823-having a license or rendering or offering to render services
824-for which a license is required by this Act and may notify
825-their designated community association manager, if any, of the
826-
827-
828-pending investigation. Before suspending, revoking, placing on
829-probationary status, or taking any other disciplinary action
830-as the Department may deem proper with regard to any license,
831-at least 30 days before the date set for the hearing, the
832-Department shall (i) notify the person charged accused and the
833-person's their designated community association manager, if
834-any, in writing of any charges made and the time and place for
835-a hearing on the charges before the Board, (ii) direct the
836-person accused to file a written answer to the charges with the
837-Board under oath within 20 days after the service on the person
838-accused of such notice, and (iii) inform the person accused
839-that if the person accused fails to file an answer, default
840-will be taken against the person accused and the license of the
841-person accused may be suspended, revoked, placed on
842-probationary status, or other disciplinary action taken with
843-regard to the license, including limiting the scope, nature,
844-or extent of related practice, as the Department may deem
845-proper. The Department shall serve notice under this Section
846-by regular or electronic mail to the person's applicant's or
847-licensee's last address of record or email address of record
848-as provided to the Department. If the person accused fails to
849-file an answer after receiving notice, the license may, in the
850-discretion of the Department, be suspended, revoked, or placed
851-on probationary status, or the Department may take whatever
852-disciplinary action deemed proper, including limiting the
853-scope, nature, or extent of the person's practice or the
854-
855-
856-imposition of a fine, without a hearing, if the act or acts
857-charged constitute sufficient grounds for such action under
858-this Act. The answer shall be served by personal delivery or
859-regular mail or electronic mail to the Department. At the time
860-and place fixed in the notice, the Department shall proceed to
861-hear the charges and the parties or their counsel shall be
862-accorded ample opportunity to present such statements,
863-testimony, evidence, and argument as may be pertinent to the
864-charges or to the defense thereto. The Department may continue
865-such hearing from time to time. At the discretion of the
866-Secretary after having first received the recommendation of
867-the Board, the accused person's license may be suspended,
868-revoked, or placed on probationary status or the Department
869-may take whatever disciplinary action considered proper,
870-including limiting the scope, nature, or extent of the
871-person's practice or the imposition of a fine if the act or
872-acts charged constitute sufficient grounds for that action
873-under this Act. A copy of the Department's final disciplinary
874-order shall be delivered to the person's accused's designated
875-community association manager or may be sent to the community
876-association that , if the accused is directly employs the
877-person employed by a community association, to the board of
878-managers of that association if known to the Department.
879-(Source: P.A. 102-20, eff. 1-1-22.)
880-(225 ILCS 427/130)
881-
882-
883-(Section scheduled to be repealed on January 1, 2027)
884-Sec. 130. Restoration of suspended or revoked license. At
885-any time after the successful completion of a term of
886-suspension, or revocation, or probation of a license, the
887-Department may restore it to the licensee, upon the written
888-recommendation of the Board, unless after an investigation and
889-a hearing the Board determines that restoration is not in the
890-public interest.
891-(Source: P.A. 96-726, eff. 7-1-10.)
892-Section 15. The Home Inspector License Act is amended by
893-changing Sections 5-10, 5-14, 5-16, 5-17, 15-10, 15-11, 15-15,
894-and 25-27 as follows:
895-(225 ILCS 441/5-10)
896-(Section scheduled to be repealed on January 1, 2027)
897-Sec. 5-10. Application for home inspector license.
898-(a) Every natural person who desires to obtain a home
899-inspector license shall:
900-(1) apply to the Department in a manner prescribed by
901-the Department and accompanied by the required fee; all
902-applications shall contain the information that, in the
903-judgment of the Department, enables the Department to pass
904-on the qualifications of the applicant for a license to
905-practice as a home inspector as set by rule;
906-(2) be at least 18 years of age;
907-
908-
909-(3) successfully complete a 4-year course of study in
910-a high school or secondary school or an equivalent course
911-of study approved by the state in which the school is
912-located, or possess a State of Illinois High School
913-Diploma, which shall be verified under oath by the
914-applicant;
915-(4) personally take and pass a written examination and
916-a field examination authorized by the Department; and
917-(5) prior to taking the examination, provide evidence
918-to the Department that the applicant has successfully
919-completed the prerequisite classroom hours of instruction
920-in home inspection, as established by rule.
921-(b) The Department shall not require applicants to report
922-the following information and shall not consider the following
923-criminal history records in connection with an application for
924-licensure or registration:
925-(1) juvenile adjudications of delinquent minors as
926-defined in Section 5-105 of the Juvenile Court Act of 1987
927-subject to the restrictions set forth in Section 5-130 of
928-that Act;
929-(2) law enforcement records, court records, and
930-conviction records of an individual who was 17 years old
931-at the time of the offense and before January 1, 2014,
932-unless the nature of the offense required the individual
933-to be tried as an adult;
934-(3) records of arrest not followed by a charge or
935-
936-
937-conviction;
938-(4) records of arrest where the charges were dismissed
939-unless related to the practice of the profession; however,
940-applicants shall not be asked to report any arrests, and
941-an arrest not followed by a conviction shall not be the
942-basis of denial and may be used only to assess an
943-applicant's rehabilitation;
944-(5) convictions overturned by a higher court; or
945-(6) convictions or arrests that have been sealed or
946-expunged.
947-(c) An applicant or licensee shall report to the
948-Department, in a manner prescribed by the Department, upon
949-application and within 30 days after the occurrence, if during
950-the term of licensure, (i) any conviction of or plea of guilty
951-or nolo contendere to forgery, embezzlement, obtaining money
952-under false pretenses, larceny, extortion, conspiracy to
953-defraud, or any similar offense or offenses or any conviction
954-of a felony involving moral turpitude, (ii) the entry of an
955-administrative sanction by a government agency in this State
956-or any other jurisdiction that has as an essential element
957-dishonesty or fraud or involves larceny, embezzlement, or
958-obtaining money, property, or credit by false pretenses, or
959-(iii) a crime that subjects the licensee to compliance with
960-the requirements of the Sex Offender Registration Act.
961-(d) Applicants have 3 years after the date of the
962-application to complete the application process. If the
963-
964-
965-process has not been completed within 3 years, the application
966-shall be denied, the fee forfeited, and the applicant must
967-reapply and meet the requirements in effect at the time of
968-reapplication.
969-(Source: P.A. 102-20, eff. 1-1-22; 102-1100, eff. 1-1-23.)
970-(225 ILCS 441/5-14)
971-(Section scheduled to be repealed on January 1, 2027)
972-Sec. 5-14. Social Security Number or Individual Taxpayer
973-Identification Number on license application. In addition to
974-any other information required to be contained in the
975-application, every application for an original, renewal,
976-reinstated, or restored license under this Act shall include
977-the applicant's Social Security Number or Individual Taxpayer
978-Identification Number.
979-(Source: P.A. 97-226, eff. 7-28-11.)
980-(225 ILCS 441/5-16)
981-(Section scheduled to be repealed on January 1, 2027)
982-Sec. 5-16. Renewal of license.
983-(a) The expiration date and renewal period for a home
984-inspector license issued under this Act shall be set by rule.
985-Except as otherwise provided in subsections (b) and (c) of
986-this Section, the holder of a license may renew the license
987-within 90 days preceding the expiration date by:
988-(1) completing and submitting to the Department a
989-
990-
991-renewal application in a manner prescribed by the
992-Department;
993-(2) paying the required fees; and
994-(3) providing evidence of successful completion of the
995-continuing education requirements through courses approved
996-by the Department given by education providers licensed by
997-the Department, as established by rule.
998-(b) A home inspector whose license under this Act has
999-expired may renew the license for a period of 2 years following
1000-the expiration date by complying with the requirements of
1001-subparagraphs (1), (2), and (3) of subsection (a) of this
1002-Section and paying any late penalties established by rule.
1003-(c) Notwithstanding subsection (b), a home inspector whose
1004-license under this Act has expired may renew the license
1005-without paying any lapsed renewal fees or late penalties and
1006-without completing the continuing education requirements for
1007-that licensure period if (i) the license expired while the
1008-home inspector was (i) in federal service on active duty with
1009-the Armed Forces of the United States or called into service or
1010-training with the State Militia, (ii) in training or education
1011-under the supervision of the United States preliminary to
1012-induction into the military service, or (iii) serving as an
1013-employee of the Department and within 2 years after the
1014-termination of the service, training, or education, the
1015-licensee furnishes the Department with satisfactory evidence
1016-of service, training, or education and was terminated under
1017-
1018-
1019-honorable conditions on active duty with the United States
1020-Armed Services, (ii) application for renewal is made within 2
1021-years following the termination of the military service or
1022-related education, training, or employment, and (iii) the
1023-applicant furnishes to the Department an affidavit that the
1024-applicant was so engaged.
1025-(d) The Department shall provide reasonable care and due
1026-diligence to ensure that each licensee under this Act is
1027-provided a renewal application at least 90 days prior to the
1028-expiration date, but it is the responsibility of each licensee
1029-to renew the license prior to its expiration date.
1030-(e) The Department shall not issue or renew a license if
1031-the applicant or licensee has an unpaid fine or fee from a
1032-disciplinary matter or from a non-disciplinary action imposed
1033-by the Department until the fine or fee is paid to the
1034-Department or the applicant or licensee has entered into a
1035-payment plan and is current on the required payments.
1036-(f) The Department shall not issue or renew a license if
1037-the applicant or licensee has an unpaid fine or civil penalty
1038-imposed by the Department for unlicensed practice until the
1039-fine or civil penalty is paid to the Department or the
1040-applicant or licensee has entered into a payment plan and is
1041-current on the required payments.
1042-(g) A home inspector who notifies the Department, in a
1043-manner prescribed by the Department, may place the license on
1044-inactive status for a period not to exceed 2 years and shall be
1045-
1046-
1047-excused from the payment of renewal fees until the person
1048-notifies the Department in writing of the intention to resume
1049-active practice.
1050-(h) A home inspector requesting that the license be
1051-changed from inactive to active status shall be required to
1052-pay the current renewal fee and shall also demonstrate
1053-compliance with the continuing education requirements.
1054-(i) No licensee with a nonrenewed or inactive license
1055-status shall provide home inspection services as set forth in
1056-this Act.
1057-(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
1058-(225 ILCS 441/5-17)
1059-(Section scheduled to be repealed on January 1, 2027)
1060-Sec. 5-17. Renewal of home inspector license; entity.
1061-(a) The expiration date and renewal period for a home
1062-inspector license for an entity that is not a natural person
1063-shall be set by rule. The holder of a license may renew the
1064-license within 90 days preceding the expiration date by
1065-completing and submitting to the Department a renewal
1066-application in a manner prescribed by the Department and
1067-paying the required fees.
1068-(b) An entity that is not a natural person whose license
1069-under this Act has expired may renew the license for a period
1070-of 2 years following the expiration date by complying with the
1071-requirements of subsection (a) of this Section and paying any
1072-
1073-
1074-late penalties established by rule.
1075-(c) The Department shall not issue or renew a license if
1076-the applicant or licensee has an unpaid fine or fee from a
1077-disciplinary matter or from a non-disciplinary action imposed
1078-by the Department until the fine or fee is paid to the
1079-Department or the applicant or licensee has entered into a
1080-payment plan and is current on the required payments.
1081-(d) The Department shall not issue or renew a license if
1082-the applicant or licensee has an unpaid fine or civil penalty
1083-imposed by the Department for unlicensed practice until the
1084-fine or civil penalty is paid to the Department or the
1085-applicant or licensee has entered into a payment plan and is
1086-current on the required payments.
1087-(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
1088-(225 ILCS 441/15-10)
1089-(Section scheduled to be repealed on January 1, 2027)
1090-Sec. 15-10. Grounds for disciplinary action.
1091-(a) The Department may refuse to issue or renew, or may
1092-revoke, suspend, place on probation, reprimand, or take other
1093-disciplinary or non-disciplinary action as the Department may
1094-deem appropriate, including imposing fines not to exceed
1095-$25,000 for each violation upon any licensee or applicant
1096-under this Act or any person or entity who holds oneself out as
1097-an applicant or licensee , with regard to any license for any
1098-one or combination of the following:
1099-
1100-
1101-(1) Fraud or misrepresentation in applying for, or
1102-procuring a license under this Act or in connection with
1103-applying for renewal of a license under this Act.
1104-(2) Failing to meet the minimum qualifications for
1105-licensure as a home inspector established by this Act.
1106-(3) Paying money, other than for the fees provided for
1107-by this Act, or anything of value to an employee of the
1108-Department to procure licensure under this Act.
1109-(4) Conviction of, or plea of guilty or nolo
1110-contendere, or finding as enumerated in subsection (c) of
1111-Section 5-10, under the laws of any jurisdiction of the
1112-United States: (i) that is a felony, misdemeanor, or
1113-administrative sanction, or (ii) that is a crime that
1114-subjects the licensee to compliance with the requirements
1115-of the Sex Offender Registration Act.
1116-(5) Committing an act or omission involving
1117-dishonesty, fraud, or misrepresentation with the intent to
1118-substantially benefit the licensee or another person or
1119-with the intent to substantially injure another person.
1120-(6) Violating a provision or standard for the
1121-development or communication of home inspections as
1122-provided in Section 10-5 of this Act or as defined in the
1123-rules.
1124-(7) Failing or refusing to exercise reasonable
1125-diligence in the development, reporting, or communication
1126-of a home inspection report, as defined by this Act or the
1127-
1128-
1129-rules.
1130-(8) Violating a provision of this Act or the rules.
1131-(9) Having been disciplined by another state, the
1132-District of Columbia, a territory, a foreign nation, a
1133-governmental agency, or any other entity authorized to
1134-impose discipline if at least one of the grounds for that
1135-discipline is the same as or substantially equivalent to
1136-one of the grounds for which a licensee may be disciplined
1137-under this Act.
1138-(10) Engaging in dishonorable, unethical, or
1139-unprofessional conduct of a character likely to deceive,
1140-defraud, or harm the public.
1141-(11) Accepting an inspection assignment when the
1142-employment itself is contingent upon the home inspector
1143-reporting a predetermined analysis or opinion, or when the
1144-fee to be paid is contingent upon the analysis, opinion,
1145-or conclusion reached or upon the consequences resulting
1146-from the home inspection assignment.
1147-(12) Developing home inspection opinions or
1148-conclusions based on the race, color, religion, sex,
1149-national origin, ancestry, age, marital status, family
1150-status, physical or mental disability, military status,
1151-unfavorable discharge from military status, sexual
1152-orientation, order of protection status, or pregnancy, or
1153-any other protected class as defined under the Illinois
1154-Human Rights Act, of the prospective or present owners or
1155-
1156-
1157-occupants of the area or property under home inspection.
1158-(13) Being adjudicated liable in a civil proceeding on
1159-grounds of fraud, misrepresentation, or deceit. In a
1160-disciplinary proceeding based upon a finding of civil
1161-liability, the home inspector shall be afforded an
1162-opportunity to present mitigating and extenuating
1163-circumstances, but may not collaterally attack the civil
1164-adjudication.
1165-(14) Being adjudicated liable in a civil proceeding
1166-for violation of a State or federal fair housing law.
1167-(15) Engaging in misleading or untruthful advertising
1168-or using a trade name or insignia of membership in a home
1169-inspection organization of which the licensee is not a
1170-member.
1171-(16) Failing, within 30 days, to provide information
1172-in response to a written request made by the Department.
1173-(17) Failing to include within the home inspection
1174-report the home inspector's license number and the date of
1175-expiration of the license. The names of (i) all persons
1176-who conducted the home inspection; and (ii) all persons
1177-who prepared the subsequent written evaluation or any part
1178-thereof must be disclosed in the report. It is a violation
1179-of this Act for a home inspector to sign a home inspection
1180-report knowing that the names of all such persons have not
1181-been disclosed in the home inspection report.
1182-(18) Advising a client as to whether the client should
1183-
1184-
1185-or should not engage in a transaction regarding the
1186-residential real property that is the subject of the home
1187-inspection.
1188-(19) Performing a home inspection in a manner that
1189-damages or alters the residential real property that is
1190-the subject of the home inspection without the consent of
1191-the owner.
1192-(20) Performing a home inspection when the home
1193-inspector is providing or may also provide other services
1194-in connection with the residential real property or
1195-transaction, or has an interest in the residential real
1196-property, without providing prior written notice of the
1197-potential or actual conflict and obtaining the prior
1198-consent of the client as provided by rule.
1199-(21) Aiding or assisting another person in violating
1200-any provision of this Act or rules adopted under this Act.
1201-(22) Inability to practice with reasonable judgment,
1202-skill, or safety as a result of habitual or excessive use
1203-or addiction to alcohol, narcotics, stimulants, or any
1204-other chemical agent or drug.
1205-(23) A finding by the Department that the licensee,
1206-after having the license placed on probationary status,
1207-has violated the terms of probation.
1208-(24) Willfully making or filing false records or
1209-reports related to the practice of home inspection,
1210-including, but not limited to, false records filed with
1211-
1212-
1213-State agencies or departments.
1214-(25) Charging for professional services not rendered,
1215-including filing false statements for the collection of
1216-fees for which services are not rendered.
1217-(26) Practicing under a false or, except as provided
1218-by law, an assumed name.
1219-(27) Cheating on or attempting to subvert the
1220-licensing examination administered under this Act.
1221-(28) Engaging in any of the following prohibited
1222-fraudulent, false, deceptive, or misleading advertising
1223-practices:
1224-(i) advertising as a home inspector or operating a
1225-home inspection business entity unless there is a duly
1226-licensed home inspector responsible for all inspection
1227-activities and all inspections;
1228-(ii) advertising that contains a misrepresentation
1229-of facts or false statements regarding the licensee's
1230-professional achievements, degrees, training, skills,
1231-or qualifications in the home inspection profession or
1232-any other profession requiring licensure;
1233-(iii) advertising that makes only a partial
1234-disclosure of relevant facts related to pricing or
1235-home inspection services; and
1236-(iv) advertising that claims this State or any of
1237-its political subdivisions endorse the home inspection
1238-report or its contents.
1239-
1240-
1241-(29) Disclosing, except as otherwise required by law,
1242-inspection results or client information obtained without
1243-the client's written consent. A home inspector shall not
1244-deliver a home inspection report to any person other than
1245-the client of the home inspector without the client's
1246-written consent.
1247-(30) Providing fees, gifts, waivers of liability, or
1248-other forms of compensation or gratuities to persons
1249-licensed under any real estate professional licensing act
1250-in this State as consideration or inducement for the
1251-referral of business.
1252-(31) Violating the terms of any order issued by the
1253-Department.
1254-(b) The Department may suspend, revoke, or refuse to issue
1255-or renew an education provider's license, may reprimand, place
1256-on probation, or otherwise discipline an education provider
1257-licensee, and may suspend or revoke the course approval of any
1258-course offered by an education provider, for any of the
1259-following:
1260-(1) Procuring or attempting to procure licensure by
1261-knowingly making a false statement, submitting false
1262-information, making any form of fraud or
1263-misrepresentation, or refusing to provide complete
1264-information in response to a question in an application
1265-for licensure.
1266-(2) Failing to comply with the covenants certified to
1267-
1268-
1269-on the application for licensure as an education provider.
1270-(3) Committing an act or omission involving
1271-dishonesty, fraud, or misrepresentation or allowing any
1272-such act or omission by any employee or contractor under
1273-the control of the education provider.
1274-(4) Engaging in misleading or untruthful advertising.
1275-(5) Failing to retain competent instructors in
1276-accordance with rules adopted under this Act.
1277-(6) Failing to meet the topic or time requirements for
1278-course approval as the provider of a pre-license
1279-curriculum course or a continuing education course.
1280-(7) Failing to administer an approved course using the
1281-course materials, syllabus, and examinations submitted as
1282-the basis of the course approval.
1283-(8) Failing to provide an appropriate classroom
1284-environment for presentation of courses, with
1285-consideration for student comfort, acoustics, lighting,
1286-seating, workspace, and visual aid material.
1287-(9) Failing to maintain student records in compliance
1288-with the rules adopted under this Act.
1289-(10) Failing to provide a certificate, transcript, or
1290-other student record to the Department or to a student as
1291-may be required by rule.
1292-(11) Failing to fully cooperate with a Department
1293-investigation by knowingly making a false statement,
1294-submitting false or misleading information, or refusing to
1295-
1296-
1297-provide complete information in response to written
1298-interrogatories or a written request for documentation
1299-within 30 days of the request.
1300-(c) (Blank).
1301-(d) The Department may refuse to issue or may suspend
1302-without hearing, as provided for in the Code of Civil
1303-Procedure, the license of any person who fails to file a tax
1304-return, to pay the tax, penalty, or interest shown in a filed
1305-tax return, or to pay any final assessment of tax, penalty, or
1306-interest, as required by any tax Act administered by the
1307-Illinois Department of Revenue, until such time as the
1308-requirements of the tax Act are satisfied in accordance with
1309-subsection (g) of Section 2105-15 of the Civil Administrative
1310-Code of Illinois.
1311-(e) (Blank).
1312-(f) In cases where the Department of Healthcare and Family
1313-Services has previously determined that a licensee or a
1314-potential licensee is more than 30 days delinquent in the
1315-payment of child support and has subsequently certified the
1316-delinquency to the Department, the Department may refuse to
1317-issue or renew or may revoke or suspend that person's license
1318-or may take other disciplinary action against that person
1319-based solely upon the certification of delinquency made by the
1320-Department of Healthcare and Family Services in accordance
1321-with item (5) of subsection (a) of Section 2105-15 of the Civil
1322-Administrative Code of Illinois.
1323-
1324-
1325-(g) The determination by a circuit court that a licensee
1326-is subject to involuntary admission or judicial admission, as
1327-provided in the Mental Health and Developmental Disabilities
1328-Code, operates as an automatic suspension. The suspension will
1329-end only upon a finding by a court that the patient is no
1330-longer subject to involuntary admission or judicial admission
1331-and the issuance of a court order so finding and discharging
1332-the patient.
1333-(h) (Blank).
1334-(Source: P.A. 102-20, eff. 1-1-22.)
1335-(225 ILCS 441/15-11)
1336-(Section scheduled to be repealed on January 1, 2027)
1337-Sec. 15-11. Illegal discrimination. When there has been an
1338-adjudication in a civil or criminal proceeding that a licensee
1339-has illegally discriminated while engaged in any activity for
1340-which a license is required under this Act, the Department,
1341-upon the determination by recommendation of the Secretary
1342-Board as to the extent of the suspension or revocation, shall
1343-suspend or revoke the license of that licensee in a timely
1344-manner, unless the adjudication is in the appeal process. When
1345-there has been an order in an administrative proceeding
1346-finding that a licensee has illegally discriminated while
1347-engaged in any activity for which a license is required under
1348-this Act, the Department, upon the determination by
1349-recommendation of the Secretary Board as to the nature and
1350-
1351-
1352-extent of the discipline, shall take one or more of the
1353-disciplinary actions provided for in Section 15-10 of this Act
1354-in a timely manner, unless the administrative order is in the
1355-appeal process.
1356-(Source: P.A. 102-970, eff. 5-27-22.)
1357-(225 ILCS 441/15-15)
1358-(Section scheduled to be repealed on January 1, 2027)
1359-Sec. 15-15. Investigation; notice; hearing. The Department
1360-may investigate the actions of any person who is an applicant,
1361-or licensee, or of any person or persons rendering or offering
1362-to render home inspection services, or any person holding or
1363-claiming to hold a license as a home inspector. The Department
1364-shall, before refusing to issue or renew a license or to
1365-discipline a person licensee pursuant to Section 15-10, at
1366-least 30 days prior to the date set for the hearing, (i) notify
1367-the person charged accused in writing and the person's
1368-managing licensed home inspector, if any, of the charges made
1369-and the time and place for the hearing on the charges, (ii)
1370-direct the person licensee or applicant to file a written
1371-answer with the Department under oath within 20 days after the
1372-service of the notice, and (iii) inform the person applicant
1373-or licensee that failure to file an answer will result in a
1374-default judgment being entered against the person applicant or
1375-licensee. At the time and place fixed in the notice, the
1376-Department shall proceed to hear the charges and the parties
1377-
1378-
1379-of their counsel shall be accorded ample opportunity to
1380-present any pertinent statements, testimony, evidence, and
1381-arguments. The Department may continue the hearing from time
1382-to time. In case the person, after receiving the notice, fails
1383-to file an answer, the license, may, in the discretion of the
1384-Department, be revoked, suspended, placed on probationary
1385-status, or the Department may take whatever disciplinary
1386-actions considered proper, including limiting the scope,
1387-nature, or extent of the person's practice or the imposition
1388-of a fine, without a hearing, if the act or acts charged
1389-constitute sufficient grounds for that action under the Act.
1390-The notice may be served by personal delivery, by mail, or, at
1391-the discretion of the Department, by electronic means to the
1392-address of record or email address of record specified by the
1393-person accused as last updated with the Department.
1394-A copy of the hearing officer's report or any Order of
1395-Default, along with a copy of the original complaint giving
1396-rise to the action, shall be served upon the applicant,
1397-licensee, or unlicensed person by the Department to the
1398-applicant, licensee, or unlicensed individual in the manner
1399-provided in this Act for the service of a notice of hearing.
1400-Within 20 days after service, the person applicant or licensee
1401-may present to the Department a motion in writing for a
1402-rehearing, which shall specify the particular grounds for
1403-rehearing. If the person orders from the reporting service and
1404-pays for a transcript of the record within the time for filing
1405-
1406-
1407-a motion for rehearing, then the 20-day period during which a
1408-motion may be filed shall commence upon the delivery of the
1409-transcript to the applicant or licensee. The Department may
1410-respond to the motion, or if a motion for rehearing is denied,
1411-then upon denial, the Secretary may enter an order in
1412-accordance with the recommendations of the hearing officer. A
1413-copy of the Department's final disciplinary order shall be
1414-delivered to the person and the person's managing home
1415-inspector, if any. If the applicant or licensee orders from
1416-the reporting service and pays for a transcript of the record
1417-within the time for filing a motion for rehearing, then the
1418-20-day period during which a motion may be filed shall
1419-commence upon the delivery of the transcript to the applicant
1420-or licensee.
1421-(Source: P.A. 102-20, eff. 1-1-22.)
1422-(225 ILCS 441/25-27)
1423-(Section scheduled to be repealed on January 1, 2027)
1424-Sec. 25-27. Subpoenas; depositions; oaths.
1425-(a) The Department may subpoena and bring before it any
1426-person to take oral or written testimony or compel the
1427-production of any books, papers, records, or any other
1428-documents the Secretary or the Secretary's designee deems
1429-relevant or material to any investigation or hearing conducted
1430-by the Department with the same fees and in the same manner as
1431-prescribed in civil cases in the courts of this State.
1432-
1433-
1434-(b) Any circuit court, upon the application of the
1435-licensee or the Department, may order the attendance and
1436-testimony of witnesses and the production of relevant
1437-documents, files, records, books, and papers in connection
1438-with any hearing or investigation. The circuit court may
1439-compel obedience to its order by proceedings for contempt.
1440-(c) The Secretary or the Secretary's designee, the hearing
1441-officer, any member of the Board, or a certified shorthand
1442-court reporter may administer oaths at any hearing the
1443-Department conducts. Notwithstanding any other statute or
1444-Department rule to the contrary, all requests for testimony,
1445-production of documents, or records shall be in accordance
1446-with this Act.
1447-(Source: P.A. 102-20, eff. 1-1-22.)
1448-Section 20. The Real Estate License Act of 2000 is amended
1449-by changing Sections 1-10, 5-6, 5-10, 5-20, 5-29, 5-50, 5-60,
1450-5-75, 10-25, 10-30, 20-20, 20-20.1, 20-22, 20-23, 20-25,
1451-20-60, 20-69, 20-72, 25-10, and 25-25 and by adding Section
1452-20-21.1 as follows:
1453-(225 ILCS 454/1-10)
1454-(Section scheduled to be repealed on January 1, 2030)
1455-Sec. 1-10. Definitions. In this Act, unless the context
1456-otherwise requires:
1457-"Act" means the Real Estate License Act of 2000.
1458-
1459-
1460-"Address of record" means the designated address recorded
1461-by the Department in the applicant's or licensee's application
1462-file or license file as maintained by the Department.
1463-"Agency" means a relationship in which a broker or
1464-licensee, whether directly or through an affiliated licensee,
1465-represents a consumer by the consumer's consent, whether
1466-express or implied, in a real property transaction.
1467-"Applicant" means any person, as defined in this Section,
1468-who applies to the Department for a valid license as a managing
1469-broker, broker, or residential leasing agent.
1470-"Blind advertisement" means any real estate advertisement
1471-that is used by a licensee regarding the sale or lease of real
1472-estate, licensed activities, or the hiring of any licensee
1473-under this Act that does not include the sponsoring broker's
1474-complete business name or, in the case of electronic
1475-advertisements, does not provide a direct link to a display
1476-with all the required disclosures. The broker's business name
1477-in the case of a franchise shall include the franchise
1478-affiliation as well as the name of the individual firm.
1479-"Board" means the Real Estate Administration and
1480-Disciplinary Board of the Department as created by Section
1481-25-10 of this Act.
1482-"Broker" means an individual, entity, corporation, foreign
1483-or domestic partnership, limited liability company, registered
1484-limited liability partnership, or other business entity other
1485-than a residential leasing agent who, whether in person or
1486-
1487-
1488-through any media or technology, for another and for
1489-compensation, or with the intention or expectation of
1490-receiving compensation, either directly or indirectly:
1491-(1) Sells, exchanges, purchases, rents, or leases real
1492-estate.
1493-(2) Offers to sell, exchange, purchase, rent, or lease
1494-real estate.
1495-(3) Negotiates, offers, attempts, or agrees to
1496-negotiate the sale, exchange, purchase, rental, or leasing
1497-of real estate.
1498-(4) Lists, offers, attempts, or agrees to list real
1499-estate for sale, rent, lease, or exchange.
1500-(5) Whether for another or themselves, engages in a
1501-pattern of business of buying, selling, offering to buy or
1502-sell, marketing for sale, exchanging, or otherwise dealing
1503-in contracts, including assignable contracts for the
1504-purchase or sale of, or options on real estate or
1505-improvements thereon. For purposes of this definition, an
1506-individual or entity will be found to have engaged in a
1507-pattern of business if the individual or entity by itself
1508-or with any combination of other individuals or entities,
1509-whether as partners or common owners in another entity,
1510-has engaged in one or more of these practices on 2 or more
1511-occasions in any 12-month period.
1512-(6) Supervises the collection, offer, attempt, or
1513-agreement to collect rent for the use of real estate.
1514-
1515-
1516-(7) Advertises or represents oneself as being engaged
1517-in the business of buying, selling, exchanging, renting,
1518-or leasing real estate.
1519-(8) Assists or directs in procuring or referring of
1520-leads or prospects, intended to result in the sale,
1521-exchange, lease, or rental of real estate.
1522-(9) Assists or directs in the negotiation of any
1523-transaction intended to result in the sale, exchange,
1524-lease, or rental of real estate.
1525-(10) Opens real estate to the public for marketing
1526-purposes.
1527-(11) Sells, rents, leases, or offers for sale or lease
1528-real estate at auction.
1529-(12) Prepares or provides a broker price opinion or
1530-comparative market analysis as those terms are defined in
1531-this Act, pursuant to the provisions of Section 10-45 of
1532-this Act.
1533-"Brokerage agreement" means a written or oral agreement
1534-between a sponsoring broker and a consumer for licensed
1535-activities, or the performance of future licensed activities,
1536-to be provided to a consumer in return for compensation or the
1537-right to receive compensation from another. Brokerage
1538-agreements may constitute either a bilateral or a unilateral
1539-agreement between the broker and the broker's client depending
1540-upon the content of the brokerage agreement. All exclusive
1541-brokerage agreements shall be in writing.
1542-
1543-
1544-"Broker price opinion" means an estimate or analysis of
1545-the probable selling price of a particular interest in real
1546-estate, which may provide a varying level of detail about the
1547-property's condition, market, and neighborhood and information
1548-on comparable sales. The activities of a real estate broker or
1549-managing broker engaging in the ordinary course of business as
1550-a broker, as defined in this Section, shall not be considered a
1551-broker price opinion if no compensation is paid to the broker
1552-or managing broker, other than compensation based upon the
1553-sale or rental of real estate. A broker price opinion shall not
1554-be considered an appraisal within the meaning of the Real
1555-Estate Appraiser Licensing Act of 2002, any amendment to that
1556-Act, or any successor Act.
1557-"Client" means a person who is being represented by a
1558-licensee.
1559-"Comparative market analysis" means an analysis or opinion
1560-regarding pricing, marketing, or financial aspects relating to
1561-a specified interest or interests in real estate that may be
1562-based upon an analysis of comparative market data, the
1563-expertise of the real estate broker or managing broker, and
1564-such other factors as the broker or managing broker may deem
1565-appropriate in developing or preparing such analysis or
1566-opinion. The activities of a real estate broker or managing
1567-broker engaging in the ordinary course of business as a
1568-broker, as defined in this Section, shall not be considered a
1569-comparative market analysis if no compensation is paid to the
1570-
1571-
1572-broker or managing broker, other than compensation based upon
1573-the sale or rental of real estate. A comparative market
1574-analysis shall not be considered an appraisal within the
1575-meaning of the Real Estate Appraiser Licensing Act of 2002,
1576-any amendment to that Act, or any successor Act.
1577-"Compensation" means the valuable consideration given by
1578-one person or entity to another person or entity in exchange
1579-for the performance of some activity or service. Compensation
1580-shall include the transfer of valuable consideration,
1581-including without limitation the following:
1582-(1) commissions;
1583-(2) referral fees;
1584-(3) bonuses;
1585-(4) prizes;
1586-(5) merchandise;
1587-(6) finder fees;
1588-(7) performance of services;
1589-(8) coupons or gift certificates;
1590-(9) discounts;
1591-(10) rebates;
1592-(11) a chance to win a raffle, drawing, lottery, or
1593-similar game of chance not prohibited by any other law or
1594-statute;
1595-(12) retainer fee; or
1596-(13) salary.
1597-"Confidential information" means information obtained by a
1598-
1599-
1600-licensee from a client during the term of a brokerage
1601-agreement that (i) was made confidential by the written
1602-request or written instruction of the client, (ii) deals with
1603-the negotiating position of the client, or (iii) is
1604-information the disclosure of which could materially harm the
1605-negotiating position of the client, unless at any time:
1606-(1) the client permits the disclosure of information
1607-given by that client by word or conduct;
1608-(2) the disclosure is required by law; or
1609-(3) the information becomes public from a source other
1610-than the licensee.
1611-"Confidential information" shall not be considered to
1612-include material information about the physical condition of
1613-the property.
1614-"Consumer" means a person or entity seeking or receiving
1615-licensed activities.
1616-"Coordinator" means the Coordinator of Real Estate created
1617-in Section 25-15 of this Act.
1618-"Credit hour" means 50 minutes of instruction in course
1619-work that meets the requirements set forth in rules adopted by
1620-the Department.
1621-"Customer" means a consumer who is not being represented
1622-by the licensee.
1623-"Department" means the Department of Financial and
1624-Professional Regulation.
1625-"Designated agency" means a contractual relationship
1626-
1627-
1628-between a sponsoring broker and a client under Section 15-50
1629-of this Act in which one or more licensees associated with or
1630-employed by the broker are designated as agent of the client.
1631-"Designated agent" means a sponsored licensee named by a
1632-sponsoring broker as the legal agent of a client, as provided
1633-for in Section 15-50 of this Act.
1634-"Designated managing broker" means a managing broker who
1635-has supervisory responsibilities for licensees in one or, in
1636-the case of a multi-office company, more than one office and
1637-who has been appointed as such by the sponsoring broker
1638-registered with the Department.
1639-"Director" means the Director of Real Estate within the
1640-Department of Financial and Professional Regulation.
1641-"Dual agency" means an agency relationship in which a
1642-licensee is representing both buyer and seller or both
1643-landlord and tenant in the same transaction. When the agency
1644-relationship is a designated agency, the question of whether
1645-there is a dual agency shall be determined by the agency
1646-relationships of the designated agent of the parties and not
1647-of the sponsoring broker.
1648-"Education provider" means a school licensed by the
1649-Department offering courses in pre-license, post-license, or
1650-continuing education required by this Act.
1651-"Employee" or other derivative of the word "employee",
1652-when used to refer to, describe, or delineate the relationship
1653-between a sponsoring broker and a managing broker, broker, or
1654-
1655-
1656-a residential leasing agent, shall be construed to include an
1657-independent contractor relationship, provided that a written
1658-agreement exists that clearly establishes and states the
1659-relationship.
1660-"Escrow moneys" means all moneys, promissory notes, or any
1661-other type or manner of legal tender or financial
1662-consideration deposited with any person for the benefit of the
1663-parties to the transaction. A transaction exists once an
1664-agreement has been reached and an accepted real estate
1665-contract signed or lease agreed to by the parties. "Escrow
1666-moneys" includes, without limitation, earnest moneys and
1667-security deposits, except those security deposits in which the
1668-person holding the security deposit is also the sole owner of
1669-the property being leased and for which the security deposit
1670-is being held.
1671-"Electronic means of proctoring" means a methodology
1672-providing assurance that the person taking a test and
1673-completing the answers to questions is the person seeking
1674-licensure or credit for continuing education and is doing so
1675-without the aid of a third party or other device.
1676-"Exclusive brokerage agreement" means a written brokerage
1677-agreement that provides that the sponsoring broker has the
1678-sole right, through one or more sponsored licensees, to act as
1679-the exclusive agent or representative of the client and that
1680-meets the requirements of Section 15-75 of this Act.
1681-"Inactive" means a status of licensure where the licensee
1682-
1683-
1684-holds a current license under this Act, but the licensee is
1685-prohibited from engaging in licensed activities because the
1686-licensee is unsponsored or the license of the sponsoring
1687-broker with whom the licensee is associated or by whom the
1688-licensee is employed is currently expired, revoked, suspended,
1689-or otherwise rendered invalid under this Act. The license of
1690-any business entity that is not in good standing with the
1691-Illinois Secretary of State, or is not authorized to conduct
1692-business in Illinois, shall immediately become inactive and
1693-that entity shall be prohibited from engaging in any licensed
1694-activities.
1695-"Leads" means the name or names of a potential buyer,
1696-seller, lessor, lessee, or client of a licensee.
1697-"License" means the privilege conferred by the Department
1698-to a person that has fulfilled all requirements prerequisite
1699-to any type of licensure under this Act.
1700-"Licensed activities" means those activities listed in the
1701-definition of "broker" under this Section.
1702-"Licensee" means any person licensed under this Act.
1703-"Listing presentation" means any communication, written or
1704-oral and by any means or media, between a managing broker or
1705-broker and a consumer in which the licensee is attempting to
1706-secure a brokerage agreement with the consumer to market the
1707-consumer's real estate for sale or lease.
1708-"Managing broker" means a licensee who may be authorized
1709-to assume responsibilities as a designated managing broker for
1710-
1711-
1712-licensees in one or, in the case of a multi-office company,
1713-more than one office, upon appointment by the sponsoring
1714-broker and registration with the Department. A managing broker
1715-may act as one's own sponsor.
1716-"Medium of advertising" means any method of communication
1717-intended to influence the general public to use or purchase a
1718-particular good or service or real estate, including, but not
1719-limited to, print, electronic, social media, and digital
1720-forums.
1721-"Office" means a broker's place of business where the
1722-general public is invited to transact business and where
1723-records may be maintained and licenses readily available,
1724-whether or not it is the broker's principal place of business.
1725-"Person" means and includes individuals, entities,
1726-corporations, limited liability companies, registered limited
1727-liability partnerships, foreign and domestic partnerships, and
1728-other business entities, except that when the context
1729-otherwise requires, the term may refer to a single individual
1730-or other described entity.
1731-"Proctor" means any person, including, but not limited to,
1732-an instructor, who has a written agreement to administer
1733-examinations fairly and impartially with a licensed education
1734-provider.
1735-"Real estate" means and includes leaseholds as well as any
1736-other interest or estate in land, whether corporeal,
1737-incorporeal, freehold, or non-freehold and whether the real
1738-
1739-
1740-estate is situated in this State or elsewhere. "Real estate"
1741-does not include property sold, exchanged, or leased as a
1742-timeshare or similar vacation item or interest, vacation club
1743-membership, or other activity formerly regulated under the
1744-Real Estate Timeshare Act of 1999 (repealed).
1745-"Regular employee" means a person working an average of 20
1746-hours per week for a person or entity who would be considered
1747-as an employee under the Internal Revenue Service rules for
1748-classifying workers.
1749-"Renewal period" means the period beginning 90 days prior
1750-to the expiration date of a license.
1751-"Residential leasing agent" means a person who is employed
1752-by a broker to engage in licensed activities limited to
1753-leasing residential real estate who has obtained a license as
1754-provided for in Section 5-5 of this Act.
1755-"Secretary" means the Secretary of the Department of
1756-Financial and Professional Regulation, or a person authorized
1757-by the Secretary to act in the Secretary's stead.
1758-"Sponsoring broker" means the broker who certifies to the
1759-Department the broker's his, her, or its sponsorship of a
1760-licensed managing broker, broker, or a residential leasing
1761-agent.
1762-"Sponsorship" means that a sponsoring broker has certified
1763-to the Department that a managing broker, broker, or
1764-residential leasing agent is employed by or associated by
1765-written agreement with the sponsoring broker and the
1766-
1767-
1768-Department has registered the sponsorship, as provided for in
1769-Section 5-40 of this Act.
1770-"Team" means any 2 or more licensees who work together to
1771-provide real estate brokerage services, represent themselves
1772-to the public as being part of a team or group, are identified
1773-by a team name that is different than their sponsoring
1774-broker's name, and together are supervised by the same
1775-managing broker and sponsored by the same sponsoring broker.
1776-"Team" does not mean a separately organized, incorporated, or
1777-legal entity.
1778-(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
1779-(225 ILCS 454/5-6)
1780-(Section scheduled to be repealed on January 1, 2030)
1781-Sec. 5-6. Social Security Number or Individual Taxpayer
1782-Tax Identification Number on license application. In addition
1783-to any other information required to be contained in the
1784-application, every application for an original license under
1785-this Act shall include the applicant's Social Security Number
1786-or Tax Identification Number, which shall be retained in the
1787-agency's records pertaining to the license. An applicant may
1788-provide an Individual Taxpayer Identification Number as an
1789-alternative to providing a Social Security Number when
1790-applying for a license. As soon as practical, the Department
1791-shall assign a separate and distinct identification number to
1792-each applicant for a license.
1793-
1794-
1795-Every application for a renewal or restored license shall
1796-require the applicant's identification number.
1797-(Source: P.A. 101-357, eff. 8-9-19.)
1798-(225 ILCS 454/5-10)
1799-(Section scheduled to be repealed on January 1, 2030)
1800-Sec. 5-10. Requirements for license as a residential
1801-leasing agent; continuing education.
1802-(a) Every applicant for licensure as a residential leasing
1803-agent must meet the following qualifications:
1804-(1) be at least 18 years of age;
1805-(2) be of good moral character;
1806-(3) successfully complete a 4-year course of study in
1807-a high school or secondary school or an equivalent course
1808-of study approved by the state in which the school is
1809-located, or possess a State of Illinois High School
1810-Diploma, which shall be verified under oath by the
1811-applicant;
1812-(4) personally take and pass a written examination
1813-authorized by the Department sufficient to demonstrate the
1814-applicant's knowledge of the provisions of this Act
1815-relating to residential leasing agents and the applicant's
1816-competence to engage in the activities of a licensed
1817-residential leasing agent;
1818-(5) provide satisfactory evidence of having completed
1819-15 hours of instruction in an approved course of study
1820-
1821-
1822-relating to the leasing of residential real property. The
1823-Board may recommend to the Department the number of hours
1824-each topic of study shall require. The course of study
1825-shall, among other topics, cover the provisions of this
1826-Act applicable to residential leasing agents; fair housing
1827-and human rights issues relating to residential leasing;
1828-advertising and marketing issues; leases, applications,
1829-and credit and criminal background reports; owner-tenant
1830-relationships and owner-tenant laws; the handling of
1831-funds; and environmental issues relating to residential
1832-real property;
1833-(6) complete any other requirements as set forth by
1834-rule; and
1835-(7) present a valid application for issuance of an
1836-initial license accompanied by fees specified by rule.
1837-(b) No applicant shall engage in any of the activities
1838-covered by this Act without a valid license and until a valid
1839-sponsorship has been registered with the Department.
1840-(c) Successfully completed course work, completed pursuant
1841-to the requirements of this Section, may be applied to the
1842-course work requirements to obtain a managing broker's or
1843-broker's license as provided by rule. The Board may recommend
1844-to the Department and the Department may adopt requirements
1845-for approved courses, course content, and the approval of
1846-courses, instructors, and education providers, as well as
1847-education provider and instructor fees. The Department may
1848-
1849-
1850-establish continuing education requirements for residential
1851-licensed leasing agents, by rule, consistent with the language
1852-and intent of this Act, with the advice of the Board.
1853-(d) The continuing education requirement for residential
1854-leasing agents shall consist of a single core curriculum to be
1855-prescribed by the Department as recommended by the Board.
1856-Leasing agents shall be required to complete no less than 8
1857-hours of continuing education in the core curriculum during
1858-the current term of the license. The curriculum shall, at a
1859-minimum, consist of a single course or courses on the subjects
1860-of fair housing and human rights issues related to residential
1861-leasing, advertising and marketing issues, leases,
1862-applications, credit reports, and criminal history, the
1863-handling of funds, owner-tenant relationships and owner-tenant
1864-laws, and environmental issues relating to residential real
1865-estate.
1866-(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22;
1867-102-1100, eff. 1-1-23; revised 12-14-22.)
1868-(225 ILCS 454/5-20)
1869-(Section scheduled to be repealed on January 1, 2030)
1870-Sec. 5-20. Exemptions from managing broker, broker, or
1871-residential leasing agent license requirement; Department
1872-exemption from education provider and related licenses. The
1873-requirement for holding a license under this Article 5 shall
1874-not apply to:
1875-
1876-
1877-(1) Any person, as defined in Section 1-10, that as
1878-owner or lessor performs any of the acts described in the
1879-definition of "broker" under Section 1-10 of this Act with
1880-reference to property owned or leased by it, or to the
1881-regular employees thereof with respect to the property so
1882-owned or leased, where such acts are performed in the
1883-regular course of or as an incident to the management,
1884-sale, or other disposition of such property and the
1885-investment therein, if such regular employees do not
1886-perform any of the acts described in the definition of
1887-"broker" under Section 1-10 of this Act in connection with
1888-a vocation of selling or leasing any real estate or the
1889-improvements thereon not so owned or leased.
1890-(2) An attorney in fact acting under a duly executed
1891-and recorded power of attorney to convey real estate from
1892-the owner or lessor or the services rendered by an
1893-attorney at law in the performance of the attorney's duty
1894-as an attorney at law.
1895-(3) Any person acting as receiver, trustee in
1896-bankruptcy, administrator, executor, or guardian or while
1897-acting under a court order or under the authority of a will
1898-or testamentary trust.
1899-(4) Any person acting as a resident manager for the
1900-owner or any employee acting as the resident manager for a
1901-broker managing an apartment building, duplex, or
1902-apartment complex, when the resident manager resides on
1903-
1904-
1905-the premises, the premises is the his or her primary
1906-residence of the resident manager, and the resident
1907-manager is engaged in the leasing of that the property of
1908-which he or she is the resident manager.
1909-(5) Any officer or employee of a federal agency in the
1910-conduct of official duties.
1911-(6) Any officer or employee of the State government or
1912-any political subdivision thereof performing official
1913-duties.
1914-(7) Any multiple listing service or other similar
1915-information exchange that is engaged in the collection and
1916-dissemination of information concerning real estate
1917-available for sale, purchase, lease, or exchange for the
1918-purpose of providing licensees with a system by which
1919-licensees may cooperatively share information along with
1920-which no other licensed activities, as defined in Section
1921-1-10 of this Act, are provided.
1922-(8) Railroads and other public utilities regulated by
1923-the State of Illinois, or the officers or full-time
1924-employees thereof, unless the performance of any licensed
1925-activities is in connection with the sale, purchase,
1926-lease, or other disposition of real estate or investment
1927-therein that does not require the approval of the
1928-appropriate State regulatory authority.
1929-(9) Any medium of advertising in the routine course of
1930-selling or publishing advertising along with which no
1931-
1932-
1933-other licensed activities, as defined in Section 1-10 of
1934-this Act, are provided.
1935-(10) Any resident lessee of a residential dwelling
1936-unit who refers for compensation to the owner of the
1937-dwelling unit, or to the owner's agent, prospective
1938-lessees of dwelling units in the same building or complex
1939-as the resident lessee's unit, but only if the resident
1940-lessee (i) refers no more than 3 prospective lessees in
1941-any 12-month period, (ii) receives compensation of no more
1942-than $5,000 or the equivalent of 2 months' rent, whichever
1943-is less, in any 12-month period, and (iii) limits his or
1944-her activities to referring prospective lessees to the
1945-owner, or the owner's agent, and does not show a
1946-residential dwelling unit to a prospective lessee, discuss
1947-terms or conditions of leasing a dwelling unit with a
1948-prospective lessee, or otherwise participate in the
1949-negotiation of the leasing of a dwelling unit.
1950-(11) The purchase, sale, or transfer of a timeshare or
1951-similar vacation item or interest, vacation club
1952-membership, or other activity formerly regulated under the
1953-Real Estate Timeshare Act of 1999 (repealed).
1954-(12) (Blank).
1955-(13) Any person who is licensed without examination
1956-under Section 10-25 (now repealed) of the Auction License
1957-Act is exempt from holding a managing broker's or broker's
1958-license under this Act for the limited purpose of selling
1959-
1960-
1961-or leasing real estate at auction, so long as:
1962-(A) that person has made application for said
1963-exemption by July 1, 2000;
1964-(B) that person verifies to the Department that
1965-the person he or she has sold real estate at auction
1966-for a period of 5 years prior to licensure as an
1967-auctioneer;
1968-(C) the person has had no lapse in the licensure
1969-his or her license as an auctioneer; and
1970-(D) the license issued under the Auction License
1971-Act has not been disciplined for violation of those
1972-provisions of Article 20 of the Auction License Act
1973-dealing with or related to the sale or lease of real
1974-estate at auction.
1975-(14) A person who holds a valid license under the
1976-Auction License Act and a valid real estate auction
1977-certification and conducts auctions for the sale of real
1978-estate under Section 5-32 of this Act.
1979-(15) A hotel operator who is registered with the
1980-Illinois Department of Revenue and pays taxes under the
1981-Hotel Operators' Occupation Tax Act and rents a room or
1982-rooms in a hotel as defined in the Hotel Operators'
1983-Occupation Tax Act for a period of not more than 30
1984-consecutive days and not more than 60 days in a calendar
1985-year or a person who participates in an online marketplace
1986-enabling persons to rent out all or part of the person's
1987-
1988-
1989-owned residence.
1990-(16) Notwithstanding any provisions to the contrary,
1991-the Department and its employees shall be exempt from
1992-education, course provider, instructor, and course license
1993-requirements and fees while acting in an official capacity
1994-on behalf of the Department. Courses offered by the
1995-Department shall be eligible for continuing education
1996-credit.
1997-(Source: P.A. 100-534, eff. 9-22-17; 100-831, eff. 1-1-19;
1998-101-357, eff. 8-9-19.)
1999-(225 ILCS 454/5-29)
2000-(Section scheduled to be repealed on January 1, 2030)
2001-Sec. 5-29. Temporary practice as a designated managing
2002-broker. Upon the loss of a designated managing broker who is
2003-not replaced by the sponsoring broker or in the event of the
2004-death or adjudicated disability of a self-sponsored managing
2005-broker the sole proprietor of an office, a written request for
2006-authorization allowing the continued operation of the office
2007-may be submitted to the Department within 15 days of the loss.
2008-The Department may issue a written authorization allowing the
2009-continued operation, provided that a licensed managing broker
2010-or, in the case of the death or adjudicated disability of a
2011-self-sponsored managing broker sole proprietor, the
2012-representative of the estate, assumes responsibility, in
2013-writing, for the operation of the office and agrees to
2014-
2015-
2016-personally supervise the operation of the office. No such
2017-written authorization shall be valid for more than 60 days
2018-unless extended by the Department for good cause shown and
2019-upon written request by the broker or representative.
2020-(Source: P.A. 101-357, eff. 8-9-19.)
2021-(225 ILCS 454/5-50)
2022-(Section scheduled to be repealed on January 1, 2030)
2023-Sec. 5-50. Expiration and renewal of managing broker,
2024-broker, or residential leasing agent license; sponsoring
2025-broker; register of licensees.
2026-(a) The expiration date and renewal period for each
2027-license issued under this Act shall be set by rule. Except as
2028-otherwise provided in this Section, the holder of a license
2029-may renew the license within 90 days preceding the expiration
2030-date thereof by completing the continuing education required
2031-by this Act and paying the fees specified by rule.
2032-(b) An individual whose first license is that of a broker
2033-received on or after the effective date of this amendatory Act
2034-of the 101st General Assembly, must provide evidence of having
2035-completed 45 hours of post-license education presented in a
2036-classroom or a live, interactive webinar, or online distance
2037-education course, and which shall require passage of a final
2038-examination.
2039-The Board may recommend, and the Department shall approve,
2040-45 hours of post-license education, consisting of three
2041-
2042-
2043-15-hour post-license courses, one each that covers applied
2044-brokerage principles, risk management/discipline, and
2045-transactional issues. Each of the courses shall require its
2046-own 50-question final examination, which shall be administered
2047-by the education provider that delivers the course.
2048-Individuals whose first license is that of a broker
2049-received on or after the effective date of this amendatory Act
2050-of the 101st General Assembly, must complete all three 15-hour
2051-courses and successfully pass a course final examination for
2052-each course prior to the date of the next broker renewal
2053-deadline, except for those individuals who receive their first
2054-license within the 180 days preceding the next broker renewal
2055-deadline, who must complete all three 15-hour courses and
2056-successfully pass a course final examination for each course
2057-prior to the second broker renewal deadline that follows the
2058-receipt of their license.
2059-(c) Any managing broker, broker, or residential leasing
2060-agent whose license under this Act has expired shall be
2061-eligible to renew the license during the 2-year period
2062-following the expiration date, provided the managing broker,
2063-broker, or residential leasing agent pays the fees as
2064-prescribed by rule and completes continuing education and
2065-other requirements provided for by the Act or by rule. A
2066-managing broker, broker, or residential leasing agent whose
2067-license has been expired for more than 2 years but less than 5
2068-years may have it restored by (i) applying to the Department,
2069-
2070-
2071-(ii) paying the required fee, (iii) completing the continuing
2072-education requirements for the most recent term of licensure
2073-that ended prior to the date of the application for
2074-reinstatement, and (iv) filing acceptable proof of fitness to
2075-have the license restored, as set by rule. A managing broker,
2076-broker, or residential leasing agent whose license has been
2077-expired for more than 5 years shall be required to meet the
2078-requirements for a new license.
2079-(d) Notwithstanding any other provisions of this Act to
2080-the contrary, any managing broker, broker, or residential
2081-leasing agent whose license expired while the licensee was (i)
2082-on active duty with the Armed Forces of the United States or
2083-called into service or training by the state militia, (ii)
2084-engaged in training or education under the supervision of the
2085-United States preliminary to induction into military service,
2086-or (iii) serving as the Coordinator of Real Estate in the State
2087-of Illinois or as an employee of the Department may have the
2088-license renewed, reinstated or restored without paying any
2089-lapsed renewal fees, and without completing the continuing
2090-education requirements for that licensure period if within 2
2091-years after the termination of the service, training or
2092-education the licensee furnishes by furnishing the Department
2093-with satisfactory evidence of service, training, or education
2094-and termination it has been terminated under honorable
2095-conditions.
2096-(e) Each licensee shall carry on one's person the license
2097-
2098-
2099-or an electronic version thereof.
2100-(f) The Department shall provide to the sponsoring broker
2101-a notice of renewal for all sponsored licensees by mailing the
2102-notice to the sponsoring broker's address of record, or, at
2103-the Department's discretion, emailing the notice to the
2104-sponsoring broker's email address of record.
2105-(g) Upon request from the sponsoring broker, the
2106-Department shall make available to the sponsoring broker, by
2107-electronic means at the discretion of the Department, a
2108-listing of licensees under this Act who, according to the
2109-records of the Department, are sponsored by that broker. Every
2110-licensee associated with or employed by a broker whose license
2111-is revoked, suspended, or expired shall be considered inactive
2112-until such time as the sponsoring broker's license is
2113-reinstated or renewed, or a new valid sponsorship is
2114-registered with the Department as set forth in subsection (b)
2115-of Section 5-40 of this Act.
2116-(h) The Department shall not issue or renew a license if
2117-the applicant or licensee has an unpaid fine or fee from a
2118-disciplinary matter or from a non-disciplinary action imposed
2119-by the Department until the fine or fee is paid to the
2120-Department or the applicant or licensee has entered into a
2121-payment plan and is current on the required payments.
2122-(i) The Department shall not issue or renew a license if
2123-the applicant or licensee has an unpaid fine or civil penalty
2124-imposed by the Department for unlicensed practice until the
2125-
2126-
2127-fine or civil penalty is paid to the Department or the
2128-applicant or licensee has entered into a payment plan and is
2129-current on the required payments.
2130-(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
2131-(225 ILCS 454/5-60)
2132-(Section scheduled to be repealed on January 1, 2030)
2133-Sec. 5-60. Managing broker licensed in another state;
2134-broker licensed in another state; reciprocal agreements; agent
2135-for service of process.
2136-(a) A managing broker's license may be issued by the
2137-Department to a managing broker or its equivalent licensed
2138-under the laws of another state of the United States, under the
2139-following conditions:
2140-(1) the managing broker holds a managing broker's
2141-license in a state that has entered into a reciprocal
2142-agreement with the Department;
2143-(2) the standards for that state for licensing as a
2144-managing broker are substantially equal to or greater than
2145-the minimum standards in the State of Illinois;
2146-(3) the managing broker has been actively practicing
2147-as a managing broker in the managing broker's state of
2148-licensure for a period of not less than 2 years,
2149-immediately prior to the date of application;
2150-(4) the managing broker furnishes the Department with
2151-a statement under seal of the proper licensing authority
2152-
2153-
2154-of the state in which the managing broker is licensed
2155-showing that the managing broker has an active managing
2156-broker's license, that the managing broker is in good
2157-standing, and any disciplinary action taken that no
2158-complaints are pending against the managing broker in that
2159-state;
2160-(5) the managing broker passes a test on Illinois
2161-specific real estate brokerage laws; and
2162-(6) the managing broker was licensed by an examination
2163-in the state that has entered into a reciprocal agreement
2164-with the Department.
2165-(b) A broker's license may be issued by the Department to a
2166-broker or its equivalent licensed under the laws of another
2167-state of the United States, under the following conditions:
2168-(1) the broker holds a broker's license in a state
2169-that has entered into a reciprocal agreement with the
2170-Department;
2171-(2) the standards for that state for licensing as a
2172-broker are substantially equivalent to or greater than the
2173-minimum standards in the State of Illinois;
2174-(3) (blank);
2175-(4) the broker furnishes the Department with a
2176-statement under seal of the proper licensing authority of
2177-the state in which the broker is licensed showing that the
2178-broker has an active broker's license, that the broker is
2179-in good standing, and any disciplinary action taken that
2180-
2181-
2182-no complaints are pending against the broker in that
2183-state;
2184-(5) the broker passes a test on Illinois specific real
2185-estate brokerage laws; and
2186-(6) the broker was licensed by an examination in a
2187-state that has entered into a reciprocal agreement with
2188-the Department.
2189-(c) (Blank).
2190-(d) As a condition precedent to the issuance of a license
2191-to a managing broker or broker pursuant to this Section, the
2192-managing broker or broker shall agree in writing to abide by
2193-all the provisions of this Act with respect to his or her real
2194-estate activities within the State of Illinois and submit to
2195-the jurisdiction of the Department as provided in this Act.
2196-The agreement shall be filed with the Department and shall
2197-remain in force for so long as the managing broker or broker is
2198-licensed by this State and thereafter with respect to acts or
2199-omissions committed while licensed as a managing broker or
2200-broker in this State.
2201-(e) Prior to the issuance of any license to any managing
2202-broker or broker pursuant to this Section, verification of
2203-active licensure issued for the conduct of such business in
2204-any other state must be filed with the Department by the
2205-managing broker or broker, and the same fees must be paid as
2206-provided in this Act for the obtaining of a managing broker's
2207-or broker's license in this State.
2208-
2209-
2210-(f) Licenses previously granted under reciprocal
2211-agreements with other states shall remain in force so long as
2212-the Department has a reciprocal agreement with the state that
2213-includes the requirements of this Section, unless that license
2214-is suspended, revoked, or terminated by the Department for any
2215-reason provided for suspension, revocation, or termination of
2216-a resident licensee's license. Licenses granted under
2217-reciprocal agreements may be renewed in the same manner as a
2218-resident's license.
2219-(g) Prior to the issuance of a license to a nonresident
2220-managing broker or broker, the managing broker or broker shall
2221-file with the Department, in a manner prescribed by the
2222-Department, a designation in writing that appoints the
2223-Secretary to act as his or her agent upon whom all judicial and
2224-other process or legal notices directed to the managing broker
2225-or broker may be served. Service upon the agent so designated
2226-shall be equivalent to personal service upon the licensee.
2227-Copies of the appointment, certified by the Secretary, shall
2228-be deemed sufficient evidence thereof and shall be admitted in
2229-evidence with the same force and effect as the original
2230-thereof might be admitted. In the written designation, the
2231-managing broker or broker shall agree that any lawful process
2232-against the licensee that is served upon the agent shall be of
2233-the same legal force and validity as if served upon the
2234-licensee and that the authority shall continue in force so
2235-long as any liability remains outstanding in this State. Upon
2236-
2237-
2238-the receipt of any process or notice, the Secretary shall
2239-forthwith deliver a copy of the same by regular mail or email
2240-to the last known business address or email address of the
2241-licensee.
2242-(h) Any person holding a valid license under this Section
2243-shall be eligible to obtain a managing broker's license or a
2244-broker's license without examination should that person change
2245-their state of domicile to Illinois and that person otherwise
2246-meets the qualifications for licensure under this Act.
2247-(Source: P.A. 101-357, eff. 8-9-19.)
2248-(225 ILCS 454/5-75)
2249-(Section scheduled to be repealed on January 1, 2030)
2250-Sec. 5-75. Out-of-state continuing education credit. If a
2251-renewal applicant has earned continuing education hours in
2252-another state or territory for which the applicant he or she is
2253-claiming credit toward full compliance in Illinois, the
2254-Department may approve those hours based upon whether the
2255-course is one that would be approved under Section 5-70 of this
2256-Act, whether the course meets the basic requirements for
2257-continuing education under this Act, and any other criteria
2258-that are provided by statute or rule.
2259-(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
2260-(225 ILCS 454/10-25)
2261-(Section scheduled to be repealed on January 1, 2030)
2262-
2263-
2264-Sec. 10-25. Expiration of brokerage agreement. No licensee
2265-shall obtain any written brokerage agreement that does not
2266-either provide for automatic expiration within a definite
2267-period of time, and if longer than one year, or provide the
2268-client with a right to terminate the agreement annually by
2269-giving no more than 30 days' prior written notice. Any written
2270-brokerage agreement not containing such a provision shall be
2271-void. When the license of any sponsoring broker is suspended
2272-or revoked, any brokerage agreement with the sponsoring broker
2273-shall be deemed to expire upon the effective date of the
2274-suspension or revocation.
2275-(Source: P.A. 98-531, eff. 8-23-13.)
2276-(225 ILCS 454/10-30)
2277-(Section scheduled to be repealed on January 1, 2030)
2278-Sec. 10-30. Advertising.
2279-(a) No advertising, whether in print, via the Internet, or
2280-through social media, digital forums, or any other media,
2281-shall be fraudulent, deceptive, inherently misleading, or
2282-proven to be misleading in practice. Advertising shall be
2283-considered misleading or untruthful if, when taken as a whole,
2284-there is a distinct and reasonable possibility that it will be
2285-misunderstood or will deceive the ordinary consumer.
2286-Advertising shall contain all information necessary to
2287-communicate the information contained therein to the public in
2288-an accurate, direct, and readily comprehensible manner. Team
2289-
2290-
2291-names may not contain inherently misleading terms, such as
2292-"company", "realty", "real estate", "agency", "associates",
2293-"brokers", "properties", or "property".
2294-(b) No blind advertisements may be used by any licensee,
2295-in any media, except as provided for in this Section.
2296-(c) A licensee shall disclose, in writing, to all parties
2297-in a transaction the licensee's his or her status as a licensee
2298-and any and all interest the licensee has or may have in the
2299-real estate constituting the subject matter thereof, directly
2300-or indirectly, according to the following guidelines:
2301-(1) On broker yard signs or in broker advertisements,
2302-no disclosure of ownership is necessary. However, the
2303-ownership shall be indicated on any property data form
2304-accessible to the consumer and disclosed to persons
2305-responding to any advertisement or any sign. The term
2306-"broker owned" or "agent owned" is sufficient disclosure.
2307-(2) A sponsored or inactive licensee selling or
2308-leasing property, owned solely by the sponsored or
2309-inactive licensee, without utilizing brokerage services of
2310-their sponsoring broker or any other licensee, may
2311-advertise "By Owner". For purposes of this Section,
2312-property is "solely owned" by a sponsored or inactive
2313-licensee if the licensee he or she (i) has a 100% ownership
2314-interest alone, (ii) has ownership as a joint tenant or
2315-tenant by the entirety, or (iii) holds a 100% beneficial
2316-interest in a land trust. Sponsored or inactive licensees
2317-
2318-
2319-selling or leasing "By Owner" shall comply with the
2320-following if advertising by owner:
2321-(A) On "By Owner" yard signs, the sponsored or
2322-inactive licensee shall indicate "broker owned" or
2323-"agent owned." "By Owner" advertisements used in any
2324-medium of advertising shall include the term "broker
2325-owned" or "agent owned."
2326-(B) If a sponsored or inactive licensee runs
2327-advertisements, for the purpose of purchasing or
2328-leasing real estate, the licensee he or she shall
2329-disclose in the advertisements the licensee's his or
2330-her status as a licensee.
2331-(C) A sponsored or inactive licensee shall not use
2332-the sponsoring broker's name or the sponsoring
2333-broker's company name in connection with the sale,
2334-lease, or advertisement of the property nor utilize
2335-the sponsoring broker's or company's name in
2336-connection with the sale, lease, or advertising of the
2337-property in a manner likely to create confusion among
2338-the public as to whether or not the services of a real
2339-estate company are being utilized or whether or not a
2340-real estate company has an ownership interest in the
2341-property.
2342-(d) A sponsored licensee may not advertise under the
2343-licensee's his or her own name. Advertising in any media shall
2344-be under the direct supervision of the sponsoring or
2345-
2346-
2347-designated managing broker and in the sponsoring broker's
2348-business name, which in the case of a franchise shall include
2349-the franchise affiliation as well as the name of the
2350-individual firm. This provision does not apply under the
2351-following circumstances:
2352-(1) When a licensee enters into a brokerage agreement
2353-relating to his or her own real estate owned by the
2354-licensee, or real estate in which the licensee he or she
2355-has an ownership interest, with another licensed broker;
2356-or
2357-(2) When a licensee is selling or leasing his or her
2358-own real estate owned by the licensee or buying or leasing
2359-real estate for their own use himself or herself, after
2360-providing the appropriate written disclosure of his or her
2361-ownership interest as required in paragraph (2) of
2362-subsection (c) of this Section.
2363-(e) No licensee shall list the licensee's his or her name
2364-or otherwise advertise in the licensee's his or her own name to
2365-the general public through any medium of advertising as being
2366-in the real estate business without listing the his or her
2367-sponsoring broker's business name.
2368-(f) The sponsoring broker's business name and the name of
2369-the licensee must appear in all advertisements, including
2370-business cards. In advertising that includes the sponsoring
2371-broker's name and a team name or individual broker's name, the
2372-sponsoring broker's business name shall be at least equal in
2373-
2374-
2375-size or larger than the team name or that of the individual.
2376-(g) Those individuals licensed as a managing broker and
2377-designated with the Department as a designated managing broker
2378-by their sponsoring broker shall identify themselves to the
2379-public in advertising, except on "For Sale" or similar signs,
2380-as a designated managing broker. No other individuals holding
2381-a managing broker's license may hold themselves out to the
2382-public or other licensees as a designated managing broker, but
2383-they may hold themselves out to be a managing broker.
2384-(Source: P.A. 101-357, eff. 8-9-19.)
2385-(225 ILCS 454/20-20)
2386-(Section scheduled to be repealed on January 1, 2030)
2387-Sec. 20-20. Nature of and grounds for discipline.
2388-(a) The Department may refuse to issue or renew a license,
2389-may place on probation, suspend, or revoke any license,
2390-reprimand, or take any other disciplinary or non-disciplinary
2391-action as the Department may deem proper and impose a fine not
2392-to exceed $25,000 for each violation upon any licensee or
2393-applicant under this Act or any person who holds oneself out as
2394-an applicant or licensee or against a licensee in handling
2395-one's own property, whether held by deed, option, or
2396-otherwise, for any one or any combination of the following
2397-causes:
2398-(1) Fraud or misrepresentation in applying for, or
2399-procuring, a license under this Act or in connection with
2400-
2401-
2402-applying for renewal of a license under this Act.
2403-(2) The licensee's conviction of or plea of guilty or
2404-plea of nolo contendere, as set forth in subsection (e) of
2405-Section 5-25, to: (A) a felony or misdemeanor in this
2406-State or any other jurisdiction; (B) the entry of an
2407-administrative sanction by a government agency in this
2408-State or any other jurisdiction; or (C) any crime that
2409-subjects the licensee to compliance with the requirements
2410-of the Sex Offender Registration Act.
2411-(3) Inability to practice the profession with
2412-reasonable judgment, skill, or safety as a result of a
2413-physical illness, mental illness, or disability.
2414-(4) Practice under this Act as a licensee in a retail
2415-sales establishment from an office, desk, or space that is
2416-not separated from the main retail business and located
2417-within a separate and distinct area within the
2418-establishment.
2419-(5) Having been disciplined by another state, the
2420-District of Columbia, a territory, a foreign nation, or a
2421-governmental agency authorized to impose discipline if at
2422-least one of the grounds for that discipline is the same as
2423-or the equivalent of one of the grounds for which a
2424-licensee may be disciplined under this Act. A certified
2425-copy of the record of the action by the other state or
2426-jurisdiction shall be prima facie evidence thereof.
2427-(6) Engaging in the practice of real estate brokerage
2428-
2429-
2430-without a license or after the licensee's license or
2431-temporary permit was expired or while the license was
2432-inactive, revoked, or suspended.
2433-(7) Cheating on or attempting to subvert the Real
2434-Estate License Exam or a continuing education course or
2435-examination.
2436-(8) Aiding or abetting an applicant to subvert or
2437-cheat on the Real Estate License Exam or continuing
2438-education exam administered pursuant to this Act.
2439-(9) Advertising that is inaccurate, misleading, or
2440-contrary to the provisions of the Act.
2441-(10) Making any substantial misrepresentation or
2442-untruthful advertising.
2443-(11) Making any false promises of a character likely
2444-to influence, persuade, or induce.
2445-(12) Pursuing a continued and flagrant course of
2446-misrepresentation or the making of false promises through
2447-licensees, employees, agents, advertising, or otherwise.
2448-(13) Any misleading or untruthful advertising, or
2449-using any trade name or insignia of membership in any real
2450-estate organization of which the licensee is not a member.
2451-(14) Acting for more than one party in a transaction
2452-without providing written notice to all parties for whom
2453-the licensee acts.
2454-(15) Representing or attempting to represent, or
2455-performing licensed activities for, a broker other than
2456-
2457-
2458-the sponsoring broker.
2459-(16) Failure to account for or to remit any moneys or
2460-documents coming into the licensee's possession that
2461-belong to others.
2462-(17) Failure to maintain and deposit in a special
2463-account, separate and apart from personal and other
2464-business accounts, all escrow moneys belonging to others
2465-entrusted to a licensee while acting as a broker, escrow
2466-agent, or temporary custodian of the funds of others or
2467-failure to maintain all escrow moneys on deposit in the
2468-account until the transactions are consummated or
2469-terminated, except to the extent that the moneys, or any
2470-part thereof, shall be:
2471-(A) disbursed prior to the consummation or
2472-termination (i) in accordance with the written
2473-direction of the principals to the transaction or
2474-their duly authorized agents, (ii) in accordance with
2475-directions providing for the release, payment, or
2476-distribution of escrow moneys contained in any written
2477-contract signed by the principals to the transaction
2478-or their duly authorized agents, or (iii) pursuant to
2479-an order of a court of competent jurisdiction; or
2480-(B) deemed abandoned and transferred to the Office
2481-of the State Treasurer to be handled as unclaimed
2482-property pursuant to the Revised Uniform Unclaimed
2483-Property Act. Escrow moneys may be deemed abandoned
2484-
2485-
2486-under this subparagraph (B) only: (i) in the absence
2487-of disbursement under subparagraph (A); (ii) in the
2488-absence of notice of the filing of any claim in a court
2489-of competent jurisdiction; and (iii) if 6 months have
2490-elapsed after the receipt of a written demand for the
2491-escrow moneys from one of the principals to the
2492-transaction or the principal's duly authorized agent.
2493-The account shall be noninterest bearing, unless the
2494-character of the deposit is such that payment of interest
2495-thereon is otherwise required by law or unless the
2496-principals to the transaction specifically require, in
2497-writing, that the deposit be placed in an interest-bearing
2498-account.
2499-(18) Failure to make available to the Department all
2500-escrow records and related documents maintained in
2501-connection with the practice of real estate within 24
2502-hours of a request for those documents by Department
2503-personnel.
2504-(19) Failing to furnish copies upon request of
2505-documents relating to a real estate transaction to a party
2506-who has executed that document.
2507-(20) Failure of a sponsoring broker or licensee to
2508-timely provide sponsorship or termination of sponsorship
2509-information to the Department.
2510-(21) Engaging in dishonorable, unethical, or
2511-unprofessional conduct of a character likely to deceive,
2512-
2513-
2514-defraud, or harm the public, including, but not limited
2515-to, conduct set forth in rules adopted by the Department.
2516-(22) Commingling the money or property of others with
2517-the licensee's own money or property.
2518-(23) Employing any person on a purely temporary or
2519-single deal basis as a means of evading the law regarding
2520-payment of commission to nonlicensees on some contemplated
2521-transactions.
2522-(24) Permitting the use of one's license as a broker
2523-to enable a residential leasing agent or unlicensed person
2524-to operate a real estate business without actual
2525-participation therein and control thereof by the broker.
2526-(25) Any other conduct, whether of the same or a
2527-different character from that specified in this Section,
2528-that constitutes dishonest dealing.
2529-(26) Displaying a "for rent" or "for sale" sign on any
2530-property without the written consent of an owner or the
2531-owner's duly authorized agent or advertising by any means
2532-that any property is for sale or for rent without the
2533-written consent of the owner or the owner's authorized
2534-agent.
2535-(27) Failing to provide information requested by the
2536-Department, or otherwise respond to that request, within
2537-30 days of the request.
2538-(28) Advertising by means of a blind advertisement,
2539-except as otherwise permitted in Section 10-30 of this
2540-
2541-
2542-Act.
2543-(29) A licensee under this Act or an unlicensed
2544-individual offering guaranteed sales plans, as defined in
2545-Section 10-50, except to the extent set forth in Section
2546-10-50.
2547-(30) Influencing or attempting to influence, by any
2548-words or acts, a prospective seller, purchaser, occupant,
2549-landlord, or tenant of real estate, in connection with
2550-viewing, buying, or leasing real estate, so as to promote
2551-or tend to promote the continuance or maintenance of
2552-racially and religiously segregated housing or so as to
2553-retard, obstruct, or discourage racially integrated
2554-housing on or in any street, block, neighborhood, or
2555-community.
2556-(31) Engaging in any act that constitutes a violation
2557-of any provision of Article 3 of the Illinois Human Rights
2558-Act, whether or not a complaint has been filed with or
2559-adjudicated by the Human Rights Commission.
2560-(32) Inducing any party to a contract of sale or lease
2561-or brokerage agreement to break the contract of sale or
2562-lease or brokerage agreement for the purpose of
2563-substituting, in lieu thereof, a new contract for sale or
2564-lease or brokerage agreement with a third party.
2565-(33) Negotiating a sale, exchange, or lease of real
2566-estate directly with any person if the licensee knows that
2567-the person has an exclusive brokerage agreement with
2568-
2569-
2570-another broker, unless specifically authorized by that
2571-broker.
2572-(34) When a licensee is also an attorney, acting as
2573-the attorney for either the buyer or the seller in the same
2574-transaction in which the licensee is acting or has acted
2575-as a managing broker or broker.
2576-(35) Advertising or offering merchandise or services
2577-as free if any conditions or obligations necessary for
2578-receiving the merchandise or services are not disclosed in
2579-the same advertisement or offer. These conditions or
2580-obligations include without limitation the requirement
2581-that the recipient attend a promotional activity or visit
2582-a real estate site. As used in this subdivision (35),
2583-"free" includes terms such as "award", "prize", "no
2584-charge", "free of charge", "without charge", and similar
2585-words or phrases that reasonably lead a person to believe
2586-that one may receive or has been selected to receive
2587-something of value, without any conditions or obligations
2588-on the part of the recipient.
2589-(36) (Blank).
2590-(37) Violating the terms of any a disciplinary order
2591-issued by the Department.
2592-(38) Paying or failing to disclose compensation in
2593-violation of Article 10 of this Act.
2594-(39) Requiring a party to a transaction who is not a
2595-client of the licensee to allow the licensee to retain a
2596-
2597-
2598-portion of the escrow moneys for payment of the licensee's
2599-commission or expenses as a condition for release of the
2600-escrow moneys to that party.
2601-(40) Disregarding or violating any provision of this
2602-Act or the published rules adopted by the Department to
2603-enforce this Act or aiding or abetting any individual,
2604-foreign or domestic partnership, registered limited
2605-liability partnership, limited liability company,
2606-corporation, or other business entity in disregarding any
2607-provision of this Act or the published rules adopted by
2608-the Department to enforce this Act.
2609-(41) Failing to provide the minimum services required
2610-by Section 15-75 of this Act when acting under an
2611-exclusive brokerage agreement.
2612-(42) Habitual or excessive use of or addiction to
2613-alcohol, narcotics, stimulants, or any other chemical
2614-agent or drug that results in a managing broker, broker,
2615-or residential leasing agent's inability to practice with
2616-reasonable skill or safety.
2617-(43) Enabling, aiding, or abetting an auctioneer, as
2618-defined in the Auction License Act, to conduct a real
2619-estate auction in a manner that is in violation of this
2620-Act.
2621-(44) Permitting any residential leasing agent or
2622-temporary residential leasing agent permit holder to
2623-engage in activities that require a broker's or managing
2624-
2625-
2626-broker's license.
2627-(45) Failing to notify the Department, within 30 days
2628-after the occurrence, of the information required in
2629-subsection (e) of Section 5-25.
2630-(46) A designated managing broker's failure to provide
2631-an appropriate written company policy or failure to
2632-perform any of the duties set forth in Section 10-55.
2633-(47) Filing liens or recording written instruments in
2634-any county in the State on noncommercial, residential real
2635-property that relate to a broker's compensation for
2636-licensed activity under the Act.
2637-(b) The Department may refuse to issue or renew or may
2638-suspend the license of any person who fails to file a return,
2639-pay the tax, penalty or interest shown in a filed return, or
2640-pay any final assessment of tax, penalty, or interest, as
2641-required by any tax Act administered by the Department of
2642-Revenue, until such time as the requirements of that tax Act
2643-are satisfied in accordance with subsection (g) of Section
2644-2105-15 of the Department of Professional Regulation Law of
2645-the Civil Administrative Code of Illinois.
2646-(c) (Blank).
2647-(d) In cases where the Department of Healthcare and Family
2648-Services (formerly Department of Public Aid) has previously
2649-determined that a licensee or a potential licensee is more
2650-than 30 days delinquent in the payment of child support and has
2651-subsequently certified the delinquency to the Department may
2652-
2653-
2654-refuse to issue or renew or may revoke or suspend that person's
2655-license or may take other disciplinary action against that
2656-person based solely upon the certification of delinquency made
2657-by the Department of Healthcare and Family Services in
2658-accordance with item (5) of subsection (a) of Section 2105-15
2659-of the Department of Professional Regulation Law of the Civil
2660-Administrative Code of Illinois.
2661-(e) (Blank).
2662-(Source: P.A. 101-81, eff. 7-12-19; 101-357, eff. 8-9-19;
2663-102-970, eff. 5-27-22.)
2664-(225 ILCS 454/20-20.1)
2665-(Section scheduled to be repealed on January 1, 2030)
2666-Sec. 20-20.1. Citations.
2667-(a) The Department may adopt rules to permit the issuance
2668-of citations to any licensee for failure to comply with the
2669-continuing education and post-license education requirements
2670-set forth in this Act or as adopted by rule. The citation shall
2671-be issued to the licensee, and a copy shall be sent to the
2672-licensee's designated managing broker and sponsoring broker.
2673-The citation shall contain the licensee's name and address,
2674-the licensee's license number, the number of required hours of
2675-continuing education or post-license education that have not
2676-been successfully completed by the licensee's renewal
2677-deadline, and the penalty imposed, which shall not exceed
2678-$2,000. The issuance of any such citation shall not excuse the
2679-
2680-
2681-licensee from completing all continuing education or
2682-post-license education required for that term of licensure.
2683-(b) Service of a citation shall be made by in person,
2684-electronically, or by mail to the licensee at the licensee's
2685-address of record or email address of record, and must clearly
2686-state that if the cited licensee wishes to dispute the
2687-citation, the cited licensee may make a written request,
2688-within 30 days after the citation is served, for a hearing
2689-before the Department. If the cited licensee does not request
2690-a hearing within 30 days after the citation is served, then the
2691-citation shall become a final, non-disciplinary order, and any
2692-fine imposed is due and payable within 60 days after that final
2693-order. If the cited licensee requests a hearing within 30 days
2694-after the citation is served, the Department shall afford the
2695-cited licensee a hearing conducted in the same manner as a
2696-hearing provided for in this Act for any violation of this Act
2697-and shall determine whether the cited licensee committed the
2698-violation as charged and whether the fine as levied is
2699-warranted. If the violation is found, any fine shall
2700-constitute non-public discipline and be due and payable within
2701-30 days after the order of the Secretary, which shall
2702-constitute a final order of the Department. No change in
2703-license status may be made by the Department until such time as
2704-a final order of the Department has been issued.
2705-(c) Payment of a fine that has been assessed pursuant to
2706-this Section shall not constitute disciplinary action
2707-
2708-
2709-reportable on the Department's website or elsewhere unless a
2710-licensee has previously received 2 or more citations and has
2711-been assessed 2 or more fines.
2712-(d) Nothing in this Section shall prohibit or limit the
2713-Department from taking further action pursuant to this Act and
2714-rules for additional, repeated, or continuing violations.
2715-(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
2716-(225 ILCS 454/20-21.1 new)
2717-Sec. 20-21.1. Injunctions; cease and desist order.
2718-(a) If any person violates the provisions of this Act, the
2719-Secretary may, in the name of the People of the State of
2720-Illinois, through the Attorney General or the State's Attorney
2721-for any county in which the action is brought, petition for an
2722-order enjoining the violation or for an order enforcing
2723-compliance with this Act. Upon the filing of a verified
2724-petition in court, the court may issue a temporary restraining
2725-order, without notice or condition, and may preliminarily and
2726-permanently enjoin the violation. If it is established that
2727-the person has violated or is violating the injunction, the
2728-Court may punish the offender for contempt of court.
2729-Proceedings under this Section shall be in addition to, and
2730-not in lieu of, all other remedies and penalties provided by
2731-this Act.
2732-(b) If, in the opinion of the Department, a person
2733-violates a provision of this Act, the Department may issue a
2734-
2735-
2736-ruling to show cause why an order to cease and desist should
2737-not be entered against that person. The rule shall clearly set
2738-forth the grounds relied upon by the Department and shall
2739-allow at least 7 days from the date of the rule to file an
2740-answer to the satisfaction of the Department. Failure to
2741-answer to the satisfaction of the Department shall cause an
2742-order to cease and desist to be issued immediately.
2743-(c) Other than as provided in Section 5-20 of this Act, if
2744-any person practices as a managing broker, broker, or
2745-residential leasing agent or holds themselves out as a
2746-licensed sponsoring broker, managing broker, broker, or
2747-residential leasing agent under this Act without being issued
2748-a valid active license by the Department, then any licensed
2749-sponsoring broker, managing broker, broker, residential
2750-leasing agent, any interested party, or any person injured
2751-thereby may, in addition to the Secretary, petition for relief
2752-as provided in subsection (a).
2753-(225 ILCS 454/20-22)
2754-(Section scheduled to be repealed on January 1, 2030)
2755-Sec. 20-22. Violations. Any person who is found working or
2756-acting as a managing broker, broker, or residential leasing
2757-agent or holding oneself himself or herself out as a licensed
2758-sponsoring broker, managing broker, broker, or residential
2759-leasing agent without being issued a valid active license is
2760-guilty of a Class A misdemeanor and, on conviction of a second
2761-
2762-
2763-or subsequent offense, the violator shall be guilty of a Class
2764-4 felony.
2765-(Source: P.A. 101-357, eff. 8-9-19.)
2766-(225 ILCS 454/20-23)
2767-(Section scheduled to be repealed on January 1, 2030)
2768-Sec. 20-23. Confidentiality. All information collected by
2769-the Department in the course of an examination or
2770-investigation of a licensee or applicant, including, but not
2771-limited to, any complaint against a licensee, applicant, or
2772-any person who holds oneself himself or herself out as a
2773-licensee or applicant that is filed with the Department and
2774-information collected to investigate any such complaint, shall
2775-be maintained for the confidential use of the Department and
2776-shall not be disclosed. The Department may not disclose the
2777-information to anyone other than law enforcement officials,
2778-regulatory agencies that have an appropriate regulatory
2779-interest as determined by the Secretary, or a party presenting
2780-a lawful subpoena to the Department. Information and documents
2781-disclosed to a federal, State, county, or local law
2782-enforcement agency shall not be disclosed by the agency for
2783-any purpose to any other agency or person. A formal complaint
2784-filed against a licensee by the Department or any order issued
2785-by the Department against a licensee or applicant shall be a
2786-public record, except as otherwise prohibited by law.
2787-(Source: P.A. 98-553, eff. 1-1-14.)
2788-
2789-
2790-(225 ILCS 454/20-25)
2791-(Section scheduled to be repealed on January 1, 2030)
2792-Sec. 20-25. Returned checks and dishonored credit card
2793-charges; fees. Any person who (1) delivers a check or other
2794-payment to the Department that is returned to the Department
2795-unpaid by the financial institution upon which it is drawn
2796-shall pay to the Department; or (2) presents a credit or debit
2797-card for payment that is invalid or expired or against which
2798-charges by the Department are declined or dishonored, in
2799-addition to the amount already owed to the Department, a fee of
2800-$50. The Department shall notify the person that payment of
2801-fees and fines shall be paid to the Department by certified
2802-check or money order within 30 calendar days of the
2803-notification. If, after the expiration of 30 days from the
2804-date of the notification, the person has failed to submit the
2805-necessary remittance, the Department shall automatically
2806-revoke the license or deny the application, without hearing.
2807-If, after revocation or denial, the person seeks a license,
2808-the person he or she shall apply to the Department for
2809-restoration or issuance of the license and pay all fees and
2810-fines due to the Department. The Department may establish a
2811-fee for the processing of an application for restoration of a
2812-license to pay all expenses of processing this application.
2813-The Secretary may waive the fees due under this Section in
2814-individual cases where the Secretary finds that the fees would
2815-
2816-
2817-be unreasonable or unnecessarily burdensome.
2818-(Source: P.A. 101-357, eff. 8-9-19.)
2819-(225 ILCS 454/20-60)
2820-(Section scheduled to be repealed on January 1, 2030)
2821-Sec. 20-60. Investigations notice and hearing. The
2822-Department may investigate the actions of any applicant or of
2823-any person who is an applicant or person or persons rendering
2824-or offering to render services for which a license is required
2825-by this Act or any person holding or claiming to hold a license
2826-under this Act and may notify the his or her designated
2827-managing broker and sponsoring broker of the pending
2828-investigation. The Department shall, before revoking,
2829-suspending, placing on probation, reprimanding, or taking any
2830-other disciplinary action under Article 20 of this Act, at
2831-least 30 days before the date set for the hearing, (i) notify
2832-the person charged accused and the his or her designated
2833-managing broker and sponsoring broker in writing of the
2834-charges made and the time and place for the hearing on the
2835-charges and whether the licensee's license has been
2836-temporarily suspended pursuant to Section 20-65, (ii) direct
2837-the person accused to file a written answer to the charges with
2838-the Board under oath within 20 days after the service on him or
2839-her of the notice, and (iii) inform the person accused that
2840-failure if he or she fails to answer will result in a , default
2841-will be taken against him or her or that the person's his or
2842-
2843-
2844-her license may be suspended, revoked, placed on probationary
2845-status, or other disciplinary action taken with regard to the
2846-license, including limiting the scope, nature, or extent of
2847-the ability to his or her practice, as the Department may
2848-consider proper. At the time and place fixed in the notice, the
2849-Board shall proceed to hear the charges and the parties or
2850-their counsel shall be accorded ample opportunity to present
2851-any pertinent statements, testimony, evidence, and arguments.
2852-The Board may continue the hearing from time to time. In case
2853-the person, after receiving the notice, fails to file an
2854-answer, the person's his or her license may, in the discretion
2855-of the Department, be suspended, revoked, placed on
2856-probationary status, or the Department may take whatever
2857-disciplinary action considered proper, including limiting the
2858-scope, nature, or extent of the person's practice or the
2859-imposition of a fine, without a hearing, if the act or acts
2860-charged constitute sufficient grounds for that action under
2861-this Act. The notice may be served by personal delivery, by
2862-mail, or, at the discretion of the Department, by electronic
2863-means as adopted by rule to the address or email address of
2864-record specified by the accused in his or her last
2865-notification with the Department and shall include notice to
2866-the designated managing broker and sponsoring broker. A copy
2867-of the Department's final disciplinary order shall be
2868-delivered to the designated managing broker and sponsoring
2869-broker.
2870-
2871-
2872-(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
2873-(225 ILCS 454/20-69)
2874-(Section scheduled to be repealed on January 1, 2030)
2875-Sec. 20-69. Restoration of a suspended or revoked license.
2876-At any time after the successful completion of a term of
2877-suspension, or revocation, or probation of a an individual's
2878-license, the Department may restore it to the licensee, upon
2879-the written recommendation of the Board, unless after an
2880-investigation and a hearing the Board determines that
2881-restoration is not in the public interest.
2882-(Source: P.A. 102-970, eff. 5-27-22.)
2883-(225 ILCS 454/20-72)
2884-(Section scheduled to be repealed on January 1, 2030)
2885-Sec. 20-72. Secretary; rehearing. If the Secretary
2886-believes that substantial justice has not been done in the
2887-revocation or suspension of a license, with respect to refusal
2888-to issue, restore, or renew a license, or any other discipline
2889-of an applicant, licensee, or unlicensed person, then the
2890-Secretary he or she may order a rehearing by the same or other
2891-examiners.
2892-(Source: P.A. 101-357, eff. 8-9-19.)
2893-(225 ILCS 454/25-10)
2894-(Section scheduled to be repealed on January 1, 2030)
2895-
2896-
2897-Sec. 25-10. Real Estate Administration and Disciplinary
2898-Board; duties. There is created the Real Estate Administration
2899-and Disciplinary Board. The Board shall be composed of 15
2900-persons appointed by the Governor. Members shall be appointed
2901-to the Board subject to the following conditions:
2902-(1) All members shall have been residents and citizens
2903-of this State for at least 6 years prior to the date of
2904-appointment.
2905-(2) Twelve members shall have been actively engaged as
2906-managing brokers or brokers or both for at least the 10
2907-years prior to the appointment, 2 of whom must possess an
2908-active pre-license instructor license.
2909-(3) Three members of the Board shall be public members
2910-who represent consumer interests.
2911-None of these members shall be (i) a person who is licensed
2912-under this Act or a similar Act of another jurisdiction, (ii)
2913-the spouse or immediate family member of a licensee, or (iii) a
2914-person who has an ownership interest in a real estate
2915-brokerage business.
2916-The members' terms shall be for 4 years and until a
2917-successor is appointed. No member shall be reappointed to the
2918-Board for a term that would cause the member's cumulative
2919-service to the Board to exceed 12 10 years. Appointments to
2920-fill vacancies shall be for the unexpired portion of the term.
2921-Those members of the Board that satisfy the requirements of
2922-paragraph (2) shall be chosen in a manner such that no area of
2923-
2924-
2925-the State shall be unreasonably represented. In making the
2926-appointments, the Governor shall give due consideration to the
2927-recommendations by members and organizations of the
2928-profession. The Governor may terminate the appointment of any
2929-member for cause that in the opinion of the Governor
2930-reasonably justifies the termination. Cause for termination
2931-shall include without limitation misconduct, incapacity,
2932-neglect of duty, or missing 4 board meetings during any one
2933-fiscal year. Each member of the Board may receive a per diem
2934-stipend in an amount to be determined by the Secretary. While
2935-engaged in the performance of duties, each member shall be
2936-reimbursed for necessary expenses. Such compensation and
2937-expenses shall be paid out of the Real Estate License
2938-Administration Fund. The Secretary shall consider the
2939-recommendations of the Board on questions involving standards
2940-of professional conduct, discipline, education, and policies
2941-and procedures under this Act. With regard to this subject
2942-matter, the Secretary may establish temporary or permanent
2943-committees of the Board and may consider the recommendations
2944-of the Board on matters that include, but are not limited to,
2945-criteria for the licensing and renewal of education providers,
2946-pre-license and continuing education instructors, pre-license
2947-and continuing education curricula, standards of educational
2948-criteria, and qualifications for licensure and renewal of
2949-professions, courses, and instructors. The Department, after
2950-notifying and considering the recommendations of the Board, if
2951-
2952-
2953-any, may issue rules, consistent with the provisions of this
2954-Act, for the administration and enforcement thereof and may
2955-prescribe forms that shall be used in connection therewith.
2956-Eight Board members shall constitute a quorum. A quorum is
2957-required for all Board decisions. A vacancy in the membership
2958-of the Board shall not impair the right of a quorum to exercise
2959-all of the rights and perform all of the duties of the Board.
2960-The Board shall elect annually, at its first meeting of
2961-the fiscal year, a vice chairperson who shall preside, with
2962-voting privileges, at meetings when the chairperson is not
2963-present. Members of the Board shall be immune from suit in an
2964-action based upon any disciplinary proceedings or other acts
2965-performed in good faith as members of the Board.
2966-(Source: P.A. 102-970, eff. 5-27-22.)
2967-(225 ILCS 454/25-25)
2968-(Section scheduled to be repealed on January 1, 2030)
2969-Sec. 25-25. Real Estate Research and Education Fund. A
2970-special fund to be known as the Real Estate Research and
2971-Education Fund is created and shall be held in trust in the
2972-State Treasury. Annually, on September 15th, the State
2973-Treasurer shall cause a transfer of $125,000 to the Real
2974-Estate Research and Education Fund from the Real Estate
2975-License Administration Fund. The Real Estate Research and
2976-Education Fund shall be administered by the Department. Money
2977-deposited in the Real Estate Research and Education Fund may
2978-
2979-
2980-be used for research and for education at state institutions
2981-of higher education or other organizations for research and
2982-for education to further the advancement of education in the
2983-real estate industry or can be used by the Department for
2984-expenses related to the education of licensees. Of the
2985-$125,000 annually transferred into the Real Estate Research
2986-and Education Fund, $15,000 shall be used to fund a
2987-scholarship program for persons of minority racial origin who
2988-wish to pursue a course of study in the field of real estate.
2989-For the purposes of this Section, "course of study" means a
2990-course or courses that are part of a program of courses in the
2991-field of real estate designed to further an individual's
2992-knowledge or expertise in the field of real estate. These
2993-courses shall include, without limitation, courses that a
2994-broker licensed under this Act must complete to qualify for a
2995-managing broker's license, courses required to obtain the
2996-Graduate Realtors Institute designation, and any other courses
2997-or programs offered by accredited colleges, universities, or
2998-other institutions of higher education in Illinois. The
2999-scholarship program shall be administered by the Department or
3000-its designee. Moneys in the Real Estate Research and Education
3001-Fund may be invested and reinvested in the same manner as funds
3002-in the Real Estate Recovery Fund and all earnings, interest,
3003-and dividends received from such investments shall be
3004-deposited in the Real Estate Research and Education Fund and
3005-may be used for the same purposes as moneys transferred to the
3006-
3007-
3008-Real Estate Research and Education Fund. Moneys in the Real
3009-Estate Research and Education Fund may be transferred to the
3010-Professions Indirect Cost Fund as authorized under Section
3011-2105-300 of the Department of Professional Regulation Law of
3012-the Civil Administrative Code of Illinois.
3013-(Source: P.A. 101-357, eff. 8-9-19.)
3014-(225 ILCS 454/25-21 rep.)
3015-Section 25. The Real Estate License Act of 2000 is amended
3016-by repealing Section 25-21.
3017-Section 30. The Real Estate Appraiser Licensing Act of
3018-2002 is amended by changing Sections 1-10, 5-25, 10-5, 10-10,
3019-15-10, 15-15, and 25-10 as follows:
3020-(225 ILCS 458/1-10)
3021-(Section scheduled to be repealed on January 1, 2027)
3022-Sec. 1-10. Definitions. As used in this Act, unless the
3023-context otherwise requires:
3024-"Accredited college or university, junior college, or
3025-community college" means a college or university, junior
3026-college, or community college that is approved or accredited
3027-by the Board of Higher Education, a regional or national
3028-accreditation association, or by an accrediting agency that is
3029-recognized by the U.S. Secretary of Education.
3030-"Address of record" means the designated street address,
3031-
3032-
3033-which may not be a post office box, recorded by the Department
3034-in the applicant's or licensee's application file or license
3035-file as maintained by the Department.
3036-"Applicant" means a person who applies to the Department
3037-for a license under this Act.
3038-"Appraisal" means (noun) the act or process of developing
3039-an opinion of value; an opinion of value (adjective) of or
3040-pertaining to appraising and related functions, such as
3041-appraisal practice or appraisal services.
3042-"Appraisal assignment" means a valuation service provided
3043-pursuant to an agreement between an appraiser and a client.
3044-"Appraisal firm" means an appraisal entity that is 100%
3045-owned and controlled by a person or persons licensed in
3046-Illinois as a certified general real estate appraiser or a
3047-certified residential real estate appraiser. "Appraisal firm"
3048-does not include an appraisal management company.
3049-"Appraisal management company" means any corporation,
3050-limited liability company, partnership, sole proprietorship,
3051-subsidiary, unit, or other business entity that directly or
3052-indirectly: (1) provides appraisal management services to
3053-creditors or secondary mortgage market participants, including
3054-affiliates; (2) provides appraisal management services in
3055-connection with valuing the consumer's principal dwelling as
3056-security for a consumer credit transaction (including consumer
3057-credit transactions incorporated into securitizations); and
3058-(3) any appraisal management company that, within a given
3059-
3060-
3061-12-month period, oversees an appraiser panel of 16 or more
3062-State-certified appraisers in Illinois or 25 or more
3063-State-certified or State-licensed appraisers in 2 or more
3064-jurisdictions. "Appraisal management company" includes a
3065-hybrid entity.
3066-"Appraisal practice" means valuation services performed by
3067-an individual acting as an appraiser, including, but not
3068-limited to, appraisal or appraisal review.
3069-"Appraisal qualification board (AQB)" means the
3070-independent board of the Appraisal Foundation, which, under
3071-the provisions of Title XI of the Financial Institutions
3072-Reform, Recovery, and Enforcement Act of 1989, establishes the
3073-minimum education, experience, and examination requirements
3074-for real property appraisers to obtain a state certification
3075-or license.
3076-"Appraisal report" means any communication, written or
3077-oral, of an appraisal or appraisal review that is transmitted
3078-to a client upon completion of an assignment.
3079-"Appraisal review" means the act or process of developing
3080-and communicating an opinion about the quality of another
3081-appraiser's work that was performed as part of an appraisal,
3082-appraisal review, or appraisal assignment.
3083-"Appraisal Subcommittee" means the Appraisal Subcommittee
3084-of the Federal Financial Institutions Examination Council as
3085-established by Title XI.
3086-"Appraiser" means a person who performs real estate or
3087-
3088-
3089-real property appraisals competently and in a manner that is
3090-independent, impartial, and objective.
3091-"Appraiser panel" means a network, list, or roster of
3092-licensed or certified appraisers approved by the appraisal
3093-management company or by the end-user client to perform
3094-appraisals as independent contractors for the appraisal
3095-management company. "Appraiser panel" includes both appraisers
3096-accepted by an appraisal management company for consideration
3097-for future appraisal assignments and appraisers engaged by an
3098-appraisal management company to perform one or more
3099-appraisals. For the purposes of determining the size of an
3100-appraiser panel, only independent contractors of hybrid
3101-entities shall be counted towards the appraiser panel.
3102-"AQB" means the Appraisal Qualifications Board of the
3103-Appraisal Foundation.
3104-"Associate real estate trainee appraiser" means an
3105-entry-level appraiser who holds a license of this
3106-classification under this Act with restrictions as to the
3107-scope of practice in accordance with this Act.
3108-"Automated valuation model" means an automated system that
3109-is used to derive a property value through the use of available
3110-property records and various analytic methodologies such as
3111-comparable sales prices, home characteristics, and price
3112-changes.
3113-"Board" means the Real Estate Appraisal Administration and
3114-Disciplinary Board.
3115-
3116-
3117-"Broker price opinion" means an estimate or analysis of
3118-the probable selling price of a particular interest in real
3119-estate, which may provide a varying level of detail about the
3120-property's condition, market, and neighborhood and information
3121-on comparable sales. The activities of a real estate broker or
3122-managing broker engaging in the ordinary course of business as
3123-a broker, as defined in this Section, shall not be considered a
3124-broker price opinion if no compensation is paid to the broker
3125-or managing broker, other than compensation based upon the
3126-sale or rental of real estate.
3127-"Classroom hour" means 50 minutes of instruction out of
3128-each 60-minute segment of coursework.
3129-"Client" means the party or parties who engage an
3130-appraiser by employment or contract in a specific appraisal
3131-assignment.
3132-"Comparative market analysis" is an analysis or opinion
3133-regarding pricing, marketing, or financial aspects relating to
3134-a specified interest or interests in real estate that may be
3135-based upon an analysis of comparative market data, the
3136-expertise of the real estate broker or managing broker, and
3137-such other factors as the broker or managing broker may deem
3138-appropriate in developing or preparing such analysis or
3139-opinion. The activities of a real estate broker or managing
3140-broker engaging in the ordinary course of business as a
3141-broker, as defined in this Section, shall not be considered a
3142-comparative market analysis if no compensation is paid to the
3143-
3144-
3145-broker or managing broker, other than compensation based upon
3146-the sale or rental of real estate.
3147-"Coordinator" means the Real Estate Appraisal Coordinator
3148-created in Section 25-15.
3149-"Department" means the Department of Financial and
3150-Professional Regulation.
3151-"Email address of record" means the designated email
3152-address recorded by the Department in the applicant's
3153-application file or the licensee's license file maintained by
3154-the Department.
3155-"Evaluation" means a valuation permitted by the appraisal
3156-regulations of the Federal Financial Institutions Examination
3157-Council and its federal agencies for transactions that qualify
3158-for the appraisal threshold exemption, business loan
3159-exemption, or subsequent transaction exemption.
3160-"Federal financial institutions regulatory agencies" means
3161-the Board of Governors of the Federal Reserve System, the
3162-Federal Deposit Insurance Corporation, the Office of the
3163-Comptroller of the Currency, the Consumer Financial Protection
3164-Bureau, and the National Credit Union Administration.
3165-"Federally related transaction" means any real
3166-estate-related financial transaction in which a federal
3167-financial institutions regulatory agency engages in, contracts
3168-for, or regulates and requires the services of an appraiser.
3169-"Financial institution" means any bank, savings bank,
3170-savings and loan association, credit union, mortgage broker,
3171-
3172-
3173-mortgage banker, licensee under the Consumer Installment Loan
3174-Act or the Sales Finance Agency Act, or a corporate fiduciary,
3175-subsidiary, affiliate, parent company, or holding company of
3176-any such licensee, or any institution involved in real estate
3177-financing that is regulated by state or federal law.
3178-"Hybrid entity" means an appraisal management company that
3179-hires an appraiser as an employee to perform an appraisal and
3180-engages an independent contractor to perform an appraisal.
3181-"License" means the privilege conferred by the Department
3182-to a person that has fulfilled all requirements prerequisite
3183-to any type of licensure under this Act.
3184-"Licensee" means any person licensed under this Act.
3185-"Multi-state licensing system" means a web-based platform
3186-that allows an applicant to submit the application or license
3187-renewal application to the Department online.
3188-"Person" means an individual, entity, sole proprietorship,
3189-corporation, limited liability company, partnership, and joint
3190-venture, foreign or domestic, except that when the context
3191-otherwise requires, the term may refer to more than one
3192-individual or other described entity.
3193-"Real estate" means an identified parcel or tract of land,
3194-including any improvements.
3195-"Real estate related financial transaction" means any
3196-transaction involving:
3197-(1) the sale, lease, purchase, investment in, or
3198-exchange of real property, including interests in property
3199-
3200-
3201-or the financing thereof;
3202-(2) the refinancing of real property or interests in
3203-real property; and
3204-(3) the use of real property or interest in property
3205-as security for a loan or investment, including mortgage
3206-backed securities.
3207-"Real property" means the interests, benefits, and rights
3208-inherent in the ownership of real estate.
3209-"Secretary" means the Secretary of Financial and
3210-Professional Regulation or the Secretary's designee.
3211-"State certified general real estate appraiser" means an
3212-appraiser who holds a license of this classification under
3213-this Act and such classification applies to the appraisal of
3214-all types of real property without restrictions as to the
3215-scope of practice.
3216-"State certified residential real estate appraiser" means
3217-an appraiser who holds a license of this classification under
3218-this Act and such classification applies to the appraisal of
3219-one to 4 units of residential real property without regard to
3220-transaction value or complexity, but with restrictions as to
3221-the scope of practice in a federally related transaction in
3222-accordance with Title XI, the provisions of USPAP, criteria
3223-established by the AQB, and further defined by rule.
3224-"Supervising appraiser" means either (i) an appraiser who
3225-holds a valid license under this Act as either a State
3226-certified general real estate appraiser or a State certified
3227-
3228-
3229-residential real estate appraiser, who co-signs an appraisal
3230-report for an associate real estate trainee appraiser or (ii)
3231-a State certified general real estate appraiser who holds a
3232-valid license under this Act who co-signs an appraisal report
3233-for a State certified residential real estate appraiser on
3234-properties other than one to 4 units of residential real
3235-property without regard to transaction value or complexity.
3236-"Title XI" means Title XI of the federal Financial
3237-Institutions Reform, Recovery, and Enforcement Act of 1989.
3238-"USPAP" means the Uniform Standards of Professional
3239-Appraisal Practice as promulgated by the Appraisal Standards
3240-Board pursuant to Title XI and by rule.
3241-"Valuation services" means services pertaining to aspects
3242-of property value.
3243-(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;
3244-102-970, eff. 5-27-22.)
3245-(225 ILCS 458/5-25)
3246-(Section scheduled to be repealed on January 1, 2027)
3247-Sec. 5-25. Renewal of license.
3248-(a) The expiration date and renewal period for a State
3249-certified general real estate appraiser license or a State
3250-certified residential real estate appraiser license issued
3251-under this Act shall be set by rule. Except as otherwise
3252-provided in subsections (b) and (f) of this Section, the
3253-holder of a license may renew the license within 90 days
3254-
3255-
3256-preceding the expiration date by:
3257-(1) completing and submitting to the Department, or
3258-through a multi-state licensing system as designated by
3259-the Secretary, a renewal application form as provided by
3260-the Department;
3261-(2) paying the required fees; and
3262-(3) providing evidence to the Department, or through a
3263-multi-state licensing system as designated by the
3264-Secretary, of successful completion of the continuing
3265-education requirements through courses approved by the
3266-Department from education providers licensed by the
3267-Department, as established by the AQB and by rule.
3268-(b) A State certified general real estate appraiser or
3269-State certified residential real estate appraiser whose
3270-license under this Act has expired may renew the license for a
3271-period of 2 years following the expiration date by complying
3272-with the requirements of paragraphs (1), (2), and (3) of
3273-subsection (a) of this Section and paying any late penalties
3274-established by rule.
3275-(c) (Blank).
3276-(d) The expiration date and renewal period for an
3277-associate real estate trainee appraiser license issued under
3278-this Act shall be set by rule. Except as otherwise provided in
3279-subsections (e) and (f) of this Section, the holder of an
3280-associate real estate trainee appraiser license may renew the
3281-license within 90 days preceding the expiration date by:
3282-
3283-
3284-(1) completing and submitting to the Department, or
3285-through a multi-state licensing system as designated by
3286-the Secretary, a renewal application form as provided by
3287-the Department;
3288-(2) paying the required fees; and
3289-(3) providing evidence to the Department, or through a
3290-multi-state licensing system as designated by the
3291-Secretary, of successful completion of the continuing
3292-education requirements through courses approved by the
3293-Department from education providers approved by the
3294-Department, as established by rule.
3295-(e) Any associate real estate trainee appraiser whose
3296-license under this Act has expired may renew the license for a
3297-period of 2 years following the expiration date by complying
3298-with the requirements of paragraphs (1), (2), and (3) of
3299-subsection (d) of this Section and paying any late penalties
3300-as established by rule.
3301-(f) Notwithstanding subsections (c) and (e), an appraiser
3302-whose license under this Act has expired may renew or convert
3303-the license without paying any lapsed renewal fees or late
3304-penalties if the license expired while the appraiser was:
3305-(1) on active duty with the United States Armed
3306-Services;
3307-(2) serving as the Coordinator or an employee of the
3308-Department who was required to surrender the license
3309-during the term of employment.
3310-
3311-
3312-Application for renewal must be made within 2 years
3313-following the termination of the military service or related
3314-education, training, or employment and shall include an
3315-affidavit from the licensee of engagement.
3316-(g) The Department shall provide reasonable care and due
3317-diligence to ensure that each licensee under this Act is
3318-provided with a renewal application at least 90 days prior to
3319-the expiration date, but timely renewal or conversion of the
3320-license prior to its expiration date is the responsibility of
3321-the licensee.
3322-(h) The Department shall not issue or renew a license if
3323-the applicant or licensee has an unpaid fine or fee from a
3324-disciplinary matter or from a non-disciplinary action imposed
3325-by the Department until the fine or fee is paid to the
3326-Department or the applicant or licensee has entered into a
3327-payment plan and is current on the required payments.
3328-(i) The Department shall not issue or renew a license if
3329-the applicant or licensee has an unpaid fine or civil penalty
3330-imposed by the Department for unlicensed practice until the
3331-fine or civil penalty is paid to the Department or the
3332-applicant or licensee has entered into a payment plan and is
3333-current on the required payments.
3334-(Source: P.A. 101-81, eff. 7-12-19; 102-20, eff. 1-1-22;
3335-102-970, eff. 5-27-22.)
3336-(225 ILCS 458/10-5)
3337-
3338-
3339-(Section scheduled to be repealed on January 1, 2027)
3340-Sec. 10-5. Scope of practice.
3341-(a) This Act does not limit a State certified general real
3342-estate appraiser's scope of practice in a federally related
3343-transaction. A State certified general real estate appraiser
3344-may independently provide appraisal services, review, or
3345-consult related to any type of property for which there is
3346-related experience or competency by the appraiser. All such
3347-appraisal practice must be made in accordance with the
3348-provisions of USPAP, criteria established by the AQB, and
3349-rules adopted pursuant to this Act.
3350-(b) A State certified residential real estate appraiser is
3351-limited in scope of practice to the provisions of USPAP,
3352-criteria established by the AQB, and the rules adopted
3353-pursuant to this Act.
3354-(c) A State certified residential real estate appraiser
3355-must have a State certified general real estate appraiser who
3356-holds a valid license under this Act co-sign all appraisal
3357-reports on properties other than one to 4 units of residential
3358-real property without regard to transaction value or
3359-complexity.
3360-(d) An associate real estate trainee appraiser is limited
3361-in scope of practice in all transactions or appraisal reports
3362-in accordance with the provisions of USPAP, this Act, and the
3363-rules adopted pursuant to this Act. In addition, an An
3364-associate real estate trainee appraiser shall be required to
3365-
3366-
3367-have a State certified general real estate appraiser or State
3368-certified residential real estate appraiser who holds a valid
3369-license under this Act to co-sign all appraisal reports. A
3370-supervising appraiser may not supervise more than 3 associate
3371-real estate trainee appraisers at one time. Associate real
3372-estate trainee appraisers shall not be limited in the number
3373-of concurrent supervising appraisers. A chronological
3374-appraisal log on an approved log form shall be maintained by
3375-the associate real estate trainee appraiser and shall be made
3376-available to the Department upon request. Notwithstanding any
3377-other provision of this subsection to the contrary, the
3378-Appraisal Qualification Board may establish alternative
3379-experience requirements as an associate real estate trainee
3380-appraiser that is adopted by rule.
3381-(Source: P.A. 102-20, eff. 1-1-22.)
3382-(225 ILCS 458/10-10)
3383-(Section scheduled to be repealed on January 1, 2027)
3384-Sec. 10-10. Standards of practice. All persons licensed
3385-under this Act must comply with standards of professional
3386-appraisal practice adopted by the Department. The Department
3387-must adopt, as part of its rules, the Uniform Standards of
3388-Professional Appraisal Practice (USPAP) as published from time
3389-to time by the Appraisal Standards Board of the Appraisal
3390-Foundation. The Department shall consider federal laws and
3391-regulations, including, but not limited to, appraisal
3392-
3393-
3394-qualification board policies and guidelines, regarding the
3395-licensure of real estate appraisers prior to adopting its
3396-rules for the administration of this Act. When an appraisal
3397-obtained through an appraisal management company is used for
3398-loan purposes, the borrower or loan applicant shall be
3399-provided with a written disclosure of the total compensation
3400-to the appraiser or appraisal firm within the body of the
3401-appraisal report and it shall not be redacted or otherwise
3402-obscured.
3403-(Source: P.A. 102-20, eff. 1-1-22.)
3404-(225 ILCS 458/15-10)
3405-(Section scheduled to be repealed on January 1, 2027)
3406-Sec. 15-10. Grounds for disciplinary action.
3407-(a) The Department may suspend, revoke, refuse to issue,
3408-renew, or restore a license and may reprimand place on
3409-probation or administrative supervision, or take any
3410-disciplinary or non-disciplinary action, including imposing
3411-conditions limiting the scope, nature, or extent of the real
3412-estate appraisal practice of a licensee or reducing the
3413-appraisal rank of a licensee, and may impose an administrative
3414-fine not to exceed $25,000 for each violation upon a licensee
3415-or applicant under this Act or any person who holds oneself out
3416-as an applicant or licensee for any one or combination of the
3417-following:
3418-(1) Procuring or attempting to procure a license by
3419-
3420-
3421-knowingly making a false statement, submitting false
3422-information, engaging in any form of fraud or
3423-misrepresentation, or refusing to provide complete
3424-information in response to a question in an application
3425-for licensure.
3426-(2) Failing to meet the minimum qualifications for
3427-licensure as an appraiser established by this Act.
3428-(3) Paying money, other than for the fees provided for
3429-by this Act, or anything of value to a member or employee
3430-of the Board or the Department to procure licensure under
3431-this Act.
3432-(4) Conviction of, or plea of guilty or nolo
3433-contendere, as enumerated in subsection (e) of Section
3434-5-22, under the laws of any jurisdiction of the United
3435-States: (i) that is a felony, misdemeanor, or
3436-administrative sanction or (ii) that is a crime that
3437-subjects the licensee to compliance with the requirements
3438-of the Sex Offender Registration Act.
3439-(5) Committing an act or omission involving
3440-dishonesty, fraud, or misrepresentation with the intent to
3441-substantially benefit the licensee or another person or
3442-with intent to substantially injure another person as
3443-defined by rule.
3444-(6) Violating a provision or standard for the
3445-development or communication of real estate appraisals as
3446-provided in Section 10-10 of this Act or as defined by
3447-
3448-
3449-rule.
3450-(7) Failing or refusing without good cause to exercise
3451-reasonable diligence in developing, reporting, or
3452-communicating an appraisal, as defined by this Act or by
3453-rule.
3454-(8) Violating a provision of this Act or the rules
3455-adopted pursuant to this Act.
3456-(9) Having been disciplined by another state, the
3457-District of Columbia, a territory, a foreign nation, a
3458-governmental agency, or any other entity authorized to
3459-impose discipline if at least one of the grounds for that
3460-discipline is the same as or the equivalent of one of the
3461-grounds for which a licensee may be disciplined under this
3462-Act.
3463-(10) Engaging in dishonorable, unethical, or
3464-unprofessional conduct of a character likely to deceive,
3465-defraud, or harm the public.
3466-(11) Accepting an appraisal assignment when the
3467-employment itself is contingent upon the appraiser
3468-reporting a predetermined estimate, analysis, or opinion
3469-or when the fee to be paid is contingent upon the opinion,
3470-conclusion, or valuation reached or upon the consequences
3471-resulting from the appraisal assignment.
3472-(12) Developing valuation conclusions based on the
3473-race, color, religion, sex, national origin, ancestry,
3474-age, marital status, family status, physical or mental
3475-
3476-
3477-disability, sexual orientation, pregnancy, order of
3478-protection status, military status, or unfavorable
3479-military discharge, source of income, or any other
3480-protected class as defined under the Illinois Human Rights
3481-Act, of the prospective or present owners or occupants of
3482-the area or property under appraisal.
3483-(13) Violating the confidential nature of government
3484-records to which the licensee gained access through
3485-employment or engagement as an appraiser by a government
3486-agency.
3487-(14) Being adjudicated liable in a civil proceeding on
3488-grounds of fraud, misrepresentation, or deceit. In a
3489-disciplinary proceeding based upon a finding of civil
3490-liability, the appraiser shall be afforded an opportunity
3491-to present mitigating and extenuating circumstances, but
3492-may not collaterally attack the civil adjudication.
3493-(15) Being adjudicated liable in a civil proceeding
3494-for violation of a state or federal fair housing law.
3495-(16) Engaging in misleading or untruthful advertising
3496-or using a trade name or insignia of membership in a real
3497-estate appraisal or real estate organization of which the
3498-licensee is not a member.
3499-(17) Failing to fully cooperate with a Department
3500-investigation by knowingly making a false statement,
3501-submitting false or misleading information, or refusing to
3502-provide complete information in response to written
3503-
3504-
3505-interrogatories or a written request for documentation
3506-within 30 days of the request.
3507-(18) Failing to include within the certificate of
3508-appraisal for all written appraisal reports the
3509-appraiser's license number and licensure title. All
3510-appraisers providing significant contribution to the
3511-development and reporting of an appraisal must be
3512-disclosed in the appraisal report. It is a violation of
3513-this Act for an appraiser to sign a report, transmittal
3514-letter, or appraisal certification knowing that a person
3515-providing a significant contribution to the report has not
3516-been disclosed in the appraisal report.
3517-(19) Violating the terms of a disciplinary order or
3518-consent to administrative supervision order.
3519-(20) Habitual or excessive use or addiction to
3520-alcohol, narcotics, stimulants, or any other chemical
3521-agent or drug that results in a licensee's inability to
3522-practice with reasonable judgment, skill, or safety.
3523-(21) A physical or mental illness or disability which
3524-results in the inability to practice under this Act with
3525-reasonable judgment, skill, or safety.
3526-(22) Gross negligence in developing an appraisal or in
3527-communicating an appraisal or failing to observe one or
3528-more of the Uniform Standards of Professional Appraisal
3529-Practice.
3530-(23) A pattern of practice or other behavior that
3531-
3532-
3533-demonstrates incapacity or incompetence to practice under
3534-this Act.
3535-(24) Using or attempting to use the seal, certificate,
3536-or license of another as one's own; falsely impersonating
3537-any duly licensed appraiser; using or attempting to use an
3538-inactive, expired, suspended, or revoked license; or
3539-aiding or abetting any of the foregoing.
3540-(25) Solicitation of professional services by using
3541-false, misleading, or deceptive advertising.
3542-(26) Making a material misstatement in furnishing
3543-information to the Department.
3544-(27) Failure to furnish information to the Department
3545-upon written request.
3546-(b) The Department may reprimand suspend, revoke, or
3547-refuse to issue or renew an education provider's license, may
3548-reprimand, place on probation, or otherwise discipline an
3549-education provider and may suspend or revoke the course
3550-approval of any course offered by an education provider and
3551-may impose an administrative fine not to exceed $25,000 upon
3552-an education provider, for any of the following:
3553-(1) Procuring or attempting to procure licensure by
3554-knowingly making a false statement, submitting false
3555-information, engaging in any form of fraud or
3556-misrepresentation, or refusing to provide complete
3557-information in response to a question in an application
3558-for licensure.
3559-
3560-
3561-(2) Failing to comply with the covenants certified to
3562-on the application for licensure as an education provider.
3563-(3) Committing an act or omission involving
3564-dishonesty, fraud, or misrepresentation or allowing any
3565-such act or omission by any employee or contractor under
3566-the control of the provider.
3567-(4) Engaging in misleading or untruthful advertising.
3568-(5) Failing to retain competent instructors in
3569-accordance with rules adopted under this Act.
3570-(6) Failing to meet the topic or time requirements for
3571-course approval as the provider of a qualifying curriculum
3572-course or a continuing education course.
3573-(7) Failing to administer an approved course using the
3574-course materials, syllabus, and examinations submitted as
3575-the basis of the course approval.
3576-(8) Failing to provide an appropriate classroom
3577-environment for presentation of courses, with
3578-consideration for student comfort, acoustics, lighting,
3579-seating, workspace, and visual aid material.
3580-(9) Failing to maintain student records in compliance
3581-with the rules adopted under this Act.
3582-(10) Failing to provide a certificate, transcript, or
3583-other student record to the Department or to a student as
3584-may be required by rule.
3585-(11) Failing to fully cooperate with an investigation
3586-by the Department by knowingly making a false statement,
3587-
3588-
3589-submitting false or misleading information, or refusing to
3590-provide complete information in response to written
3591-interrogatories or a written request for documentation
3592-within 30 days of the request.
3593-(c) In appropriate cases, the Department may resolve a
3594-complaint against a licensee through the issuance of a Consent
3595-to Administrative Supervision order. A licensee subject to a
3596-Consent to Administrative Supervision order shall be
3597-considered by the Department as an active licensee in good
3598-standing. This order shall not be reported or considered by
3599-the Department to be a discipline of the licensee. The records
3600-regarding an investigation and a Consent to Administrative
3601-Supervision order shall be considered confidential and shall
3602-not be released by the Department except as mandated by law. A
3603-complainant shall be notified if the complaint has been
3604-resolved by a Consent to Administrative Supervision order.
3605-(Source: P.A. 102-20, eff. 1-1-22.)
3606-(225 ILCS 458/15-15)
3607-(Section scheduled to be repealed on January 1, 2027)
3608-Sec. 15-15. Investigation; notice; hearing.
3609-(a) Upon the motion of the Department or the Board or upon
3610-a complaint in writing of a person setting forth facts that, if
3611-proven, would constitute grounds for suspension, revocation,
3612-or other disciplinary action, the Department shall investigate
3613-the actions or qualifications of any person who is against a
3614-
3615-
3616-licensee, or applicant for licensure, unlicensed person,
3617-person rendering or offering to render appraisal services, or
3618-holding or claiming to hold a license under this Act the
3619-Department shall investigate the actions of the licensee or
3620-applicant. If, upon investigation, the Department believes
3621-that there may be cause for suspension, revocation, or other
3622-disciplinary action, the Department shall use the services of
3623-a State certified general real estate appraiser, a State
3624-certified residential real estate appraiser, or the
3625-Coordinator to assist in determining whether grounds for
3626-disciplinary action exist prior to commencing formal
3627-disciplinary proceedings.
3628-(b) Formal disciplinary proceedings shall commence upon
3629-the issuance of a written complaint describing the charges
3630-that are the basis of the disciplinary action and delivery of
3631-the detailed complaint to the address of record of the person
3632-charged licensee or applicant. For an associate real estate
3633-trainee appraiser, a copy shall also be sent to the licensee's
3634-supervising appraiser of record. The Department shall notify
3635-the person licensee or applicant to file a verified written
3636-answer within 20 days after the service of the notice and
3637-complaint. The notification shall inform the person licensee
3638-or applicant of the right to be heard in person or by legal
3639-counsel; that the hearing will be afforded not sooner than 20
3640-days after service of the complaint; that failure to file an
3641-answer will result in a default being entered against the
3642-
3643-
3644-person licensee or applicant; that the license may be
3645-suspended, revoked, or placed on probationary status; and that
3646-other disciplinary action may be taken pursuant to this Act,
3647-including limiting the scope, nature, or extent of the
3648-licensee's practice. If the person licensee or applicant fails
3649-to file an answer after service of notice, the respective
3650-license may, at the discretion of the Department, be
3651-suspended, revoked, or placed on probationary status and the
3652-Department may take whatever disciplinary action it deems
3653-proper, including limiting the scope, nature, or extent of the
3654-person's practice, without a hearing.
3655-(c) At the time and place fixed in the notice, the Board
3656-shall conduct hearing of the charges, providing both the
3657-accused person charged and the complainant ample opportunity
3658-to present in person or by counsel such statements, testimony,
3659-evidence, and argument as may be pertinent to the charges or to
3660-a defense thereto.
3661-(d) The Board shall present to the Secretary a written
3662-report of its findings of fact and recommendations. A copy of
3663-the report shall be served upon the person licensee or
3664-applicant, either personally, by mail, or, at the discretion
3665-of the Department, by electronic means. For associate real
3666-estate trainee appraisers, a copy shall also be sent to the
3667-licensee's supervising appraiser of record. Within 20 days
3668-after the service, the person licensee or applicant may
3669-present the Secretary with a motion in writing for a rehearing
3670-
3671-
3672-and shall specify the particular grounds for the request. If
3673-the person accused orders a transcript of the record as
3674-provided in this Act, the time elapsing thereafter and before
3675-the transcript is ready for delivery to the person accused
3676-shall not be counted as part of the 20 days. If the Secretary
3677-is not satisfied that substantial justice has been done, the
3678-Secretary may order a rehearing by the Board or other special
3679-committee appointed by the Secretary, may remand the matter to
3680-the Board for its reconsideration of the matter based on the
3681-pleadings and evidence presented to the Board, or may enter a
3682-final order in contravention of the Board's recommendation.
3683-Notwithstanding a person's licensee's or applicant's failure
3684-to file a motion for rehearing, the Secretary shall have the
3685-right to take any of the actions specified in this subsection
3686-(d). Upon the suspension or revocation of a license, the
3687-licensee shall be required to surrender the respective license
3688-to the Department, and upon failure or refusal to do so, the
3689-Department shall have the right to seize the license.
3690-(e) The Department has the power to issue subpoenas and
3691-subpoenas duces tecum to bring before it any person in this
3692-State, to take testimony, or to require production of any
3693-records relevant to an inquiry or hearing by the Board in the
3694-same manner as prescribed by law in judicial proceedings in
3695-the courts of this State. In a case of refusal of a witness to
3696-attend, testify, or to produce books or papers concerning a
3697-matter upon which the witness might be lawfully examined, the
3698-
3699-
3700-circuit court of the county where the hearing is held, upon
3701-application of the Department or any party to the proceeding,
3702-may compel obedience by proceedings as for contempt.
3703-(f) Any license that is revoked may not be restored for a
3704-minimum period of 3 years.
3705-(g) In addition to the provisions of this Section
3706-concerning the conduct of hearings and the recommendations for
3707-discipline, the Department has the authority to negotiate
3708-disciplinary and non-disciplinary settlement agreements
3709-concerning any license issued under this Act. All such
3710-agreements shall be recorded as Consent Orders or Consent to
3711-Administrative Supervision Orders.
3712-(h) The Secretary shall have the authority to appoint an
3713-attorney duly licensed to practice law in the State of
3714-Illinois to serve as the hearing officer in any action to
3715-suspend, revoke, or otherwise discipline any license issued by
3716-the Department. The Hearing Officer shall have full authority
3717-to conduct the hearing.
3718-(i) The Department, at its expense, shall preserve a
3719-record of all formal hearings of any contested case involving
3720-the discipline of a license. At all hearings or pre-hearing
3721-conferences, the Department and the licensee shall be entitled
3722-to have the proceedings transcribed by a certified shorthand
3723-reporter. A copy of the transcribed proceedings shall be made
3724-available to the licensee by the certified shorthand reporter
3725-upon payment of the prevailing contract copy rate.
3726-
3727-
3728-(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
3729-(225 ILCS 458/25-10)
3730-(Section scheduled to be repealed on January 1, 2027)
3731-Sec. 25-10. Real Estate Appraisal Administration and
3732-Disciplinary Board; appointment.
3733-(a) There is hereby created the Real Estate Appraisal
3734-Administration and Disciplinary Board. The Board shall be
3735-composed of the Coordinator and 10 persons appointed by the
3736-Governor. Members shall be appointed to the Board subject to
3737-the following conditions:
3738-(1) All appointed members shall have been residents
3739-and citizens of this State for at least 5 years prior to
3740-the date of appointment.
3741-(2) The appointed membership of the Board should
3742-reasonably reflect the geographic distribution of the
3743-population of the State.
3744-(3) Four appointed members shall have been actively
3745-engaged and currently licensed as State certified general
3746-real estate appraisers for a period of not less than 5
3747-years.
3748-(4) Three appointed members shall have been actively
3749-engaged and currently licensed as State certified
3750-residential real estate appraisers for a period of not
3751-less than 5 years.
3752-(5) One appointed member shall hold a valid license as
3753-
3754-
3755-a real estate broker for at least 3 years prior to the date
3756-of the appointment and shall hold either a valid State
3757-certified general real estate appraiser license or a valid
3758-State certified residential appraiser license issued under
3759-this Act or a predecessor Act for a period of at least 5
3760-years prior to the appointment.
3761-(6) One appointed member shall be a representative of
3762-a financial institution, as evidenced by proof of
3763-employment with a financial institution.
3764-(7) One appointed member shall represent the interests
3765-of the general public. This member or the member's spouse
3766-shall not be licensed under this Act nor be employed by or
3767-have any financial interest in an appraisal business,
3768-appraisal management company, real estate brokerage
3769-business, or a financial institution.
3770-In making appointments as provided in paragraphs (3) and
3771-(4) of this subsection, the Governor shall give due
3772-consideration to recommendations by members and organizations
3773-representing the profession.
3774-In making the appointments as provided in paragraph (5) of
3775-this subsection, the Governor shall give due consideration to
3776-the recommendations by members and organizations representing
3777-the real estate industry.
3778-In making the appointment as provided in paragraph (6) of
3779-this subsection, the Governor shall give due consideration to
3780-the recommendations by members and organizations representing
3781-
3782-
3783-financial institutions.
3784-(b) The members' terms shall be for 4 years or until a
3785-successor is appointed. No member shall be reappointed to the
3786-Board for a term that would cause the member's cumulative
3787-service to the Board to exceed 12 10 years. Appointments to
3788-fill vacancies shall be for the unexpired portion of the term.
3789-(c) The Governor may terminate the appointment of a member
3790-for cause that, in the opinion of the Governor, reasonably
3791-justifies the termination. Cause for termination may include,
3792-without limitation, misconduct, incapacity, neglect of duty,
3793-or missing 4 Board meetings during any one fiscal year.
3794-(d) A majority of the Board members shall constitute a
3795-quorum. A vacancy in the membership of the Board shall not
3796-impair the right of a quorum to exercise all of the rights and
3797-perform all of the duties of the Board.
3798-(e) The Board shall meet at least monthly and may be
3799-convened by the Chairperson, Vice-Chairperson, or 3 members of
3800-the Board upon 10 days written notice.
3801-(f) The Board shall, annually at the first meeting of the
3802-fiscal year, elect a Chairperson and Vice-Chairperson from its
3803-members. The Chairperson shall preside over the meetings and
3804-shall coordinate with the Coordinator in developing and
3805-distributing an agenda for each meeting. In the absence of the
3806-Chairperson, the Vice-Chairperson shall preside over the
3807-meeting.
3808-(g) The Coordinator shall serve as a member of the Board
3809-
3810-
3811-without vote.
3812-(h) The Board shall advise and make recommendations to the
3813-Department on the education and experience qualifications of
3814-any applicant for initial licensure as a State certified
3815-general real estate appraiser or a State certified residential
3816-real estate appraiser. The Department shall not make any
3817-decisions concerning education or experience qualifications of
3818-an applicant for initial licensure as a State certified
3819-general real estate appraiser or a State certified residential
3820-real estate appraiser without having first received the advice
3821-and recommendation of the Board and shall give due
3822-consideration to all such advice and recommendations; however,
3823-if the Board does not render advice or make a recommendation
3824-within a reasonable amount of time, then the Department may
3825-render a decision.
3826-(i) Except as provided in Section 15-17 of this Act, the
3827-Board shall hear and make recommendations to the Secretary on
3828-disciplinary matters that require a formal evidentiary
3829-hearing. The Secretary shall give due consideration to the
3830-recommendations of the Board involving discipline and
3831-questions involving standards of professional conduct of
3832-licensees.
3833-(j) The Department shall seek and the Board shall provide
3834-recommendations to the Department consistent with the
3835-provisions of this Act and for the administration and
3836-enforcement of all rules adopted pursuant to this Act. The
3837-
3838-
3839-Department shall give due consideration to such
3840-recommendations prior to adopting rules.
3841-(k) The Department shall seek and the Board shall provide
3842-recommendations to the Department on the approval of all
3843-courses submitted to the Department pursuant to this Act and
3844-the rules adopted pursuant to this Act. The Department shall
3845-not approve any courses without having first received the
3846-recommendation of the Board and shall give due consideration
3847-to such recommendations prior to approving and licensing
3848-courses; however, if the Board does not make a recommendation
3849-within a reasonable amount of time, then the Department may
3850-approve courses.
3851-(l) Each voting member of the Board may receive a per diem
3852-stipend in an amount to be determined by the Secretary. While
3853-engaged in the performance of duties, each member shall be
3854-reimbursed for necessary expenses.
3855-(m) Members of the Board shall be immune from suit in an
3856-action based upon any disciplinary proceedings or other acts
3857-performed in good faith as members of the Board.
3858-(n) If the Department disagrees with any advice or
3859-recommendation provided by the Board under this Section to the
3860-Secretary or the Department, then notice of such disagreement
3861-must be provided to the Board by the Department.
3862-(o) (Blank).
3863-(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
3864-
3865-
3866-Section 35. The Appraisal Management Company Registration
3867-Act is amended by changing Sections 65, 75, and 95 as follows:
3868-(225 ILCS 459/65)
3869-Sec. 65. Disciplinary actions.
3870-(a) The Department may refuse to issue or renew, or may
3871-revoke, suspend, place on probation, reprimand, or take other
3872-disciplinary or non-disciplinary action as the Department may
3873-deem appropriate, including imposing fines not to exceed
3874-$25,000 for each violation upon any registrant or applicant
3875-under this Act or entity who holds oneself or itself out as an
3876-applicant or registrant , with regard to any registration for
3877-any one or combination of the following:
3878-(1) Material misstatement in furnishing information to
3879-the Department.
3880-(2) Violations of this Act, or of the rules adopted
3881-under this Act.
3882-(3) Conviction of, or entry of a plea of guilty or nolo
3883-contendere to any crime that is a felony under the laws of
3884-the United States or any state or territory thereof or
3885-that is a misdemeanor of which an essential element is
3886-dishonesty, or any crime that is directly related to the
3887-practice of the profession.
3888-(4) Making any misrepresentation for the purpose of
3889-obtaining registration or violating any provision of this
3890-Act or the rules adopted under this Act pertaining to
3891-
3892-
3893-advertising.
3894-(5) Professional incompetence.
3895-(6) Gross malpractice.
3896-(7) Aiding or assisting another person in violating
3897-any provision of this Act or rules adopted under this Act.
3898-(8) Failing, within 30 days after requested, to
3899-provide information in response to a written request made
3900-by the Department.
3901-(9) Engaging in dishonorable, unethical, or
3902-unprofessional conduct of a character likely to deceive,
3903-defraud, or harm the public.
3904-(10) Discipline by another state, District of
3905-Columbia, territory, or foreign nation, if at least one of
3906-the grounds for the discipline is the same or
3907-substantially equivalent to those set forth in this
3908-Section.
3909-(11) A finding by the Department that the registrant,
3910-after having the registrant's his or her registration
3911-placed on probationary status, has violated the terms of
3912-probation.
3913-(12) Willfully making or filing false records or
3914-reports in the registrant's his or her practice,
3915-including, but not limited to, false records filed with
3916-State agencies or departments.
3917-(13) Filing false statements for collection of fees
3918-for which services are not rendered.
3919-
3920-
3921-(14) Practicing under a false or, except as provided
3922-by law, an assumed name.
3923-(15) Fraud or misrepresentation in applying for, or
3924-procuring, a registration under this Act or in connection
3925-with applying for renewal of a registration under this
3926-Act.
3927-(16) Being adjudicated liable in a civil proceeding
3928-for violation of a state or federal fair housing law.
3929-(17) Failure to obtain or maintain the bond required
3930-under Section 50 of this Act.
3931-(18) Failure to pay appraiser panel fees or appraisal
3932-management company national registry fees.
3933-(19) Violating the terms of any order issued by the
3934-Department.
3935-(b) The Department may refuse to issue or may suspend
3936-without hearing as provided for in the Civil Administrative
3937-Code of Illinois the registration of any person who fails to
3938-file a return, or to pay the tax, penalty, or interest shown in
3939-a filed return, or to pay any final assessment of the tax,
3940-penalty, or interest as required by any tax Act administered
3941-by the Illinois Department of Revenue, until such time as the
3942-requirements of any such tax Act are satisfied.
3943-(c) An appraisal management company shall not be
3944-registered or included on the national registry if the
3945-company, in whole or in part, directly or indirectly, is owned
3946-by a person who has had an appraiser license or certificate
3947-
3948-
3949-refused, denied, canceled, surrendered in lieu of revocation,
3950-or revoked under the Real Estate Appraiser Licensing Act of
3951-2002 or the rules adopted under that Act, or similar
3952-discipline by another state, the District of Columbia, a
3953-territory, a foreign nation, a governmental agency, or an
3954-entity authorized to impose discipline if at least one of the
3955-grounds for that discipline is the same as or the equivalent of
3956-one of the grounds for which a licensee may be disciplined as
3957-set forth under this Section.
3958-(Source: P.A. 100-604, eff. 7-13-18; 101-81, eff. 7-12-19.)
3959-(225 ILCS 459/75)
3960-Sec. 75. Investigations; notice and hearing. The
3961-Department may investigate the actions of any person who is an
3962-applicant or of any person or persons rendering or offering to
3963-render any services requiring registration under this Act or
3964-any person holding or claiming to hold a registration as an
3965-appraisal management company. The Department shall, before
3966-revoking, suspending, placing on probation, reprimanding, or
3967-taking any other disciplinary or non-disciplinary action under
3968-Section 65 of this Act, at least 30 days before the date set
3969-for the hearing, (i) notify the person charged accused in
3970-writing of the charges made and the time and place for the
3971-hearing on the charges, (ii) direct the person him or her to
3972-file a written answer to the charges with the Department under
3973-oath within 20 days after the service on him or her of the
3974-
3975-
3976-notice, and (iii) inform the person accused that, if the
3977-person he or she fails to answer, default will be entered taken
3978-against him or her or that the person's his or her registration
3979-may be suspended, revoked, placed on probationary status, or
3980-other disciplinary action taken with regard to the
3981-registration, including limiting the scope, nature, or extent
3982-of the person's his or her practice, as the Department may
3983-consider proper. At the time and place fixed in the notice, the
3984-Department shall proceed to hear the charges and the parties
3985-or their counsel shall be accorded ample opportunity to
3986-present any pertinent statements, testimony, evidence, and
3987-arguments. The Department may continue the hearing from time
3988-to time. In case the person, after receiving the notice, fails
3989-to file an answer, the person's his or her registration may, in
3990-the discretion of the Department, be suspended, revoked,
3991-placed on probationary status, or the Department may take
3992-whatever disciplinary action considered proper, including
3993-limiting the scope, nature, or extent of the person's practice
3994-or the imposition of a fine, without a hearing, if the act or
3995-acts charged constitute sufficient grounds for that action
3996-under this Act. The written notice may be served by personal
3997-delivery or by certified mail or electronic mail to the last
3998-address of record or email address of record as provided to
3999-specified by the accused in his or her last notification with
4000-the Department or, if in the course of the administrative
4001-proceeding the party has previously designated a specific
4002-
4003-
4004-email address at which to accept electronic service for that
4005-specific proceeding, by sending a copy by email to the party's
4006-email address on record.
4007-(Source: P.A. 97-602, eff. 8-26-11.)
4008-(225 ILCS 459/95)
4009-Sec. 95. Findings and recommendations. At the conclusion
4010-of the hearing, the designated hearing officer shall present
4011-to the Secretary a written report of his or her findings of
4012-fact, conclusions of law, and recommendations. The report
4013-shall contain a finding whether or not the accused person
4014-charged violated this Act or its rules or failed to comply with
4015-the conditions required in this Act or its rules. The hearing
4016-officer shall specify the nature of any violations or failure
4017-to comply and shall make his or her recommendations to the
4018-Secretary. In making recommendations for any disciplinary
4019-actions, the hearing officer may take into consideration all
4020-facts and circumstances bearing upon the reasonableness of the
4021-conduct of the person charged accused and the potential for
4022-future harm to the public, including, but not limited to,
4023-previous discipline of the accused by the Department, intent,
4024-degree of harm to the public and likelihood of harm in the
4025-future, any restitution made by the accused, and whether the
4026-incident or incidents contained in the complaint appear to be
4027-isolated or represent a continuing pattern of conduct. In
4028-making his or her recommendations for discipline, the hearing
4029-
4030-
4031-officer shall endeavor to ensure that the severity of the
4032-discipline recommended is reasonably related to the severity
4033-of the violation. The report of findings of fact, conclusions
4034-of law, and recommendation of the hearing officer shall be the
4035-basis for the Department's order refusing to issue, restore,
4036-or renew a registration, or otherwise disciplining a person
4037-registrant. If the Secretary disagrees with the
4038-recommendations of the hearing officer, the Secretary may
4039-issue an order in contravention of the hearing officer
4040-recommendations. The finding is not admissible in evidence
4041-against the person in a criminal prosecution brought for a
4042-violation of this Act, but the hearing and finding are not a
4043-bar to a criminal prosecution brought for a violation of this
4044-Act.
4045-(Source: P.A. 97-602, eff. 8-26-11.)
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34+1 Department for completion of continuing education from schools
35+2 approved by the Department, as established by rule.
36+3 (c) The Department, in its discretion, may waive
37+4 enforcement of the continuing education requirements of this
38+5 Section and shall adopt rules defining the standards and
39+6 criteria for such waiver.
40+7 (d) (Blank).
41+8 (e) The Department shall not issue or renew a license if
42+9 the applicant or licensee has an unpaid fine or fee from a
43+10 disciplinary matter or from a non-disciplinary action imposed
44+11 by the Department until the fine or fee is paid to the
45+12 Department or the applicant or licensee has entered into a
46+13 payment plan and is current on the required payments.
47+14 (f) The Department shall not issue or renew a license if
48+15 the applicant or licensee has an unpaid fine or civil penalty
49+16 imposed by the Department for unlicensed practice until the
50+17 fine or civil penalty is paid to the Department or the
51+18 applicant or licensee has entered into a payment plan and is
52+19 current on the required payments.
53+20 (Source: P.A. 102-970, eff. 5-27-22.)
54+21 (225 ILCS 407/10-40)
55+22 (Section scheduled to be repealed on January 1, 2030)
56+23 Sec. 10-40. Restoration.
57+24 (a) A licensee whose license has lapsed or expired shall
58+25 have 2 years from the expiration date to restore licensure his
59+
60+
61+
62+
63+
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69+1 or her license without examination. The expired licensee shall
70+2 make application to the Department on forms provided by the
71+3 Department, provide evidence of successful completion of 12
72+4 hours of approved continuing education during the period of
73+5 time the license had lapsed, and pay all fees and penalties as
74+6 established by rule.
75+7 (b) Notwithstanding any other provisions of this Act to
76+8 the contrary, any licensee whose license under this Act has
77+9 expired is eligible to restore such license without paying any
78+10 lapsed fees and penalties if the license expired while the
79+11 licensee was:
80+12 (1) on active duty with the United States Army, United
81+13 States Marine Corps, United States Navy, United States Air
82+14 Force, United States Coast Guard, the State Militia called
83+15 into service or training;
84+16 (2) engaged in training or education under the
85+17 supervision of the United States prior to induction into
86+18 military service; or
87+19 (3) serving as an employee of the Department, while
88+20 the employee was required to surrender the his or her
89+21 license due to a possible conflict of interest.
90+22 A licensee shall also be eligible to restore a license
91+23 under paragraphs (1), (2), and (3) without completing the
92+24 continuing education requirements for that licensure period.
93+25 For this subsection for a period of 2 years following the
94+26 termination of the service or education if the termination was
95+
96+
97+
98+
99+
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102+
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105+1 by other than dishonorable discharge and the licensee
106+2 furnishes the Department with an affidavit specifying that the
107+3 licensee has been so engaged.
108+4 (c) At any time after the suspension, revocation,
109+5 placement on probationary status, or other disciplinary action
110+6 taken under this Act with reference to any license, the
111+7 Department may restore the license to the licensee without
112+8 examination upon the order of the Secretary, if the licensee
113+9 submits a properly completed application, pays the appropriate
114+10 fees, and otherwise complies with the conditions of the order.
115+11 (Source: P.A. 101-345, eff. 8-9-19.)
116+12 (225 ILCS 407/10-50)
117+13 (Section scheduled to be repealed on January 1, 2030)
118+14 Sec. 10-50. Fees; disposition of funds.
119+15 (a) The Department shall establish by rule a schedule of
120+16 fees for the administration and maintenance of this Act. Such
121+17 fees shall be nonrefundable.
122+18 (b) Prior to July 1, 2023, all fees collected under this
123+19 Act shall be deposited into the General Professions Dedicated
124+20 Fund and appropriated to the Department for the ordinary and
125+21 contingent expenses of the Department in the administration of
126+22 this Act. Beginning on July 1, 2023, all fees, fines,
127+23 penalties, or other monies received or collected pursuant to
128+24 this Act shall be deposited in the Division of Real Estate
129+25 General Fund. On or after July 1, 2023, at the direction of the
130+
131+
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134+
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139+ SB1866 Enrolled - 5 - LRB103 26535 AMQ 52898 b
140+1 Department, the Comptroller shall direct and the Treasurer
141+2 shall transfer the remaining balance of funds collected under
142+3 this Act from the General Professions Dedicated Fund to the
143+4 Division of Real Estate General Fund.
144+5 (Source: P.A. 102-970, eff. 5-27-22.)
145+6 (225 ILCS 407/20-15)
146+7 (Section scheduled to be repealed on January 1, 2030)
147+8 Sec. 20-15. Disciplinary actions; grounds. The Department
148+9 may refuse to issue or renew a license, may place on probation
149+10 or administrative supervision, suspend, or revoke any license
150+11 or may reprimand or take other disciplinary or
151+12 non-disciplinary action as the Department may deem proper,
152+13 including the imposition of fines not to exceed $10,000 for
153+14 each violation upon any licensee or applicant anyone licensed
154+15 under this Act or any person or entity who holds oneself out as
155+16 an applicant or licensee for any of the following reasons:
156+17 (1) False or fraudulent representation or material
157+18 misstatement in furnishing information to the Department
158+19 in obtaining or seeking to obtain a license.
159+20 (2) Violation of any provision of this Act or the
160+21 rules adopted under this Act.
161+22 (3) Conviction of or entry of a plea of guilty or nolo
162+23 contendere, as set forth in subsection (c) of Section
163+24 10-5, to any crime that is a felony or misdemeanor under
164+25 the laws of the United States or any state or territory
165+
166+
167+
168+
169+
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175+1 thereof, or entry of an administrative sanction by a
176+2 government agency in this State or any other jurisdiction.
177+3 (3.5) Failing to notify the Department, within 30 days
178+4 after the occurrence, of the information required in
179+5 subsection (c) of Section 10-5.
180+6 (4) Being adjudged to be a person under legal
181+7 disability or subject to involuntary admission or to meet
182+8 the standard for judicial admission as provided in the
183+9 Mental Health and Developmental Disabilities Code.
184+10 (5) Discipline of a licensee by another state, the
185+11 District of Columbia, a territory of the United States, a
186+12 foreign nation, a governmental agency, or any other entity
187+13 authorized to impose discipline if at least one of the
188+14 grounds for that discipline is the same as or the
189+15 equivalent to one of the grounds for discipline set forth
190+16 in this Act or for failing to report to the Department,
191+17 within 30 days, any adverse final action taken against the
192+18 licensee by any other licensing jurisdiction, government
193+19 agency, law enforcement agency, or court, or liability for
194+20 conduct that would constitute grounds for action as set
195+21 forth in this Act.
196+22 (6) Engaging in the practice of auctioneering,
197+23 conducting an auction, or providing an auction service
198+24 without a license or after the license was expired,
199+25 revoked, suspended, or terminated or while the license was
200+26 inoperative.
201+
202+
203+
204+
205+
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211+1 (7) Attempting to subvert or cheat on the auctioneer
212+2 exam or any continuing education exam, or aiding or
213+3 abetting another to do the same.
214+4 (8) Directly or indirectly giving to or receiving from
215+5 a person, firm, corporation, partnership, or association a
216+6 fee, commission, rebate, or other form of compensation for
217+7 professional service not actually or personally rendered,
218+8 except that an auctioneer licensed under this Act may
219+9 receive a fee from another licensed auctioneer from this
220+10 State or jurisdiction for the referring of a client or
221+11 prospect for auction services to the licensed auctioneer.
222+12 (9) Making any substantial misrepresentation or
223+13 untruthful advertising.
224+14 (10) Making any false promises of a character likely
225+15 to influence, persuade, or induce.
226+16 (11) Pursuing a continued and flagrant course of
227+17 misrepresentation or the making of false promises through
228+18 a licensee, agent, employee, advertising, or otherwise.
229+19 (12) Any misleading or untruthful advertising, or
230+20 using any trade name or insignia of membership in any
231+21 auctioneer association or organization of which the
232+22 licensee is not a member.
233+23 (13) Commingling funds of others with the licensee's
234+24 own funds or failing to keep the funds of others in an
235+25 escrow or trustee account.
236+26 (14) Failure to account for, remit, or return any
237+
238+
239+
240+
241+
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247+1 moneys, property, or documents coming into the licensee's
248+2 possession that belong to others, acquired through the
249+3 practice of auctioneering, conducting an auction, or
250+4 providing an auction service within 30 days of the written
251+5 request from the owner of said moneys, property, or
252+6 documents.
253+7 (15) Failure to maintain and deposit into a special
254+8 account, separate and apart from any personal or other
255+9 business accounts, all moneys belonging to others
256+10 entrusted to a licensee while acting as an auctioneer,
257+11 auction firm, or as a temporary custodian of the funds of
258+12 others.
259+13 (16) Failure to make available to Department personnel
260+14 during normal business hours all escrow and trustee
261+15 records and related documents maintained in connection
262+16 with the practice of auctioneering, conducting an auction,
263+17 or providing an auction service within 24 hours after a
264+18 request from Department personnel.
265+19 (17) Making or filing false records or reports in the
266+20 licensee's practice, including, but not limited to, false
267+21 records or reports filed with State agencies.
268+22 (18) Failing to voluntarily furnish copies of all
269+23 written instruments prepared by the auctioneer and signed
270+24 by all parties to all parties at the time of execution.
271+25 (19) Failing to provide information within 30 days in
272+26 response to a written request made by the Department.
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274+
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283+1 (20) Engaging in any act that constitutes a violation
284+2 of Section 2-102, 3-103, or 3-105 of the Illinois Human
285+3 Rights Act.
286+4 (21) (Blank).
287+5 (22) Engaging in dishonorable, unethical, or
288+6 unprofessional conduct of a character likely to deceive,
289+7 defraud, or harm the public.
290+8 (23) Offering or advertising real estate for sale or
291+9 lease at auction without a valid broker or managing
292+10 broker's license under the Real Estate License Act of
293+11 1983, or any successor Act, unless exempt from licensure
294+12 under the terms of the Real Estate License Act of 2000, or
295+13 any successor Act, except as provided in Section 5-32 of
296+14 the Real Estate License Act of 2000.
297+15 (24) Inability to practice the profession with
298+16 reasonable judgment, skill, or safety as a result of a
299+17 physical illness, mental illness, or disability.
300+18 (25) A pattern of practice or other behavior that
301+19 demonstrates incapacity or incompetence to practice under
302+20 this Act.
303+21 (26) Being named as a perpetrator in an indicated
304+22 report by the Department of Children and Family Services
305+23 under the Abused and Neglected Child Reporting Act and
306+24 upon proof by clear and convincing evidence that the
307+25 licensee has caused a child to be an abused child or a
308+26 neglected child as defined in the Abused and Neglected
309+
310+
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318+ SB1866 Enrolled - 10 - LRB103 26535 AMQ 52898 b
319+1 Child Reporting Act.
320+2 (27) Inability to practice with reasonable judgment,
321+3 skill, or safety as a result of habitual or excessive use
322+4 or addiction to alcohol, narcotics, stimulants, or any
323+5 other chemical agent or drug.
324+6 (28) Willfully failing to report an instance of
325+7 suspected child abuse or neglect as required by the Abused
326+8 and Neglected Child Reporting Act.
327+9 (29) Violating the terms of any order issued by the
328+10 Department.
329+11 (Source: P.A. 101-345, eff. 8-9-19; 102-970, eff. 5-27-22.)
330+12 (225 ILCS 407/20-43)
331+13 (Section scheduled to be repealed on January 1, 2030)
332+14 Sec. 20-43. Investigations; notice and hearing. The
333+15 Department may investigate the actions or qualifications of
334+16 any person who is an applicant, unlicensed person, or person
335+17 rendering or offering to render auction services, or holding
336+18 or claiming to hold a license as a licensed auctioneer. At
337+19 least 30 days before any disciplinary hearing under this Act,
338+20 the Department shall: (i) notify the person charged accused in
339+21 writing of the charges made and the time and place of the
340+22 hearing; (ii) direct the person accused to file with the Board
341+23 a written answer under oath to the charges within 20 days of
342+24 receiving service of the notice; and (iii) inform the person
343+25 accused that if the person he or she fails to file an answer to
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354+1 the charges within 20 days of receiving service of the notice,
355+2 a default judgment may be entered and the against him or her,
356+3 or his or her license may be suspended, revoked, placed on
357+4 probationary status, or other disciplinary action taken with
358+5 regard to the license as the Department may consider proper,
359+6 including, but not limited to, limiting the scope, nature, or
360+7 extent of the licensee's practice, or imposing a fine.
361+8 At the time and place of the hearing fixed in the notice,
362+9 the Board shall proceed to hear the charges, and the person
363+10 accused or person's his or her counsel shall be accorded ample
364+11 opportunity to present any pertinent statements, testimony,
365+12 evidence, and arguments in the person's his or her defense.
366+13 The Board may continue the hearing when it deems it
367+14 appropriate.
368+15 Notice of the hearing may be served by personal delivery,
369+16 by certified mail, or, at the discretion of the Department, by
370+17 an electronic means to the person's licensee's last known
371+18 address or email address of record or, if in the course of the
372+19 administrative proceeding the party has previously designated
373+20 a specific email address at which to accept electronic service
374+21 for that specific proceeding, by sending a copy by email to the
375+22 party's email address on record.
376+23 (Source: P.A. 101-345, eff. 8-9-19.)
377+24 (225 ILCS 407/20-50)
378+25 (Section scheduled to be repealed on January 1, 2030)
379+
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388+ SB1866 Enrolled - 12 - LRB103 26535 AMQ 52898 b
389+1 Sec. 20-50. Findings and recommendations. At the
390+2 conclusion of the hearing, the Board shall present to the
391+3 Secretary a written report of its findings of fact,
392+4 conclusions of law, and recommendations. The report shall
393+5 contain a finding whether or not the accused person charged
394+6 violated this Act or any rules promulgated pursuant to this
395+7 Act. The Board shall specify the nature of any violations and
396+8 shall make its recommendations to the Secretary. In making
397+9 recommendations for any disciplinary action, the Board may
398+10 take into consideration all facts and circumstances bearing
399+11 upon the reasonableness of the conduct of the person accused,
400+12 including, but not limited to, previous discipline of the
401+13 person accused by the Department, intent, degree of harm to
402+14 the public and likelihood of future harm to the public, any
403+15 restitution made by the person accused, and whether the
404+16 incident or incidents contained in the complaint appear to be
405+17 isolated or represent a continuing pattern of conduct. In
406+18 making its recommendations for discipline, the Board shall
407+19 endeavor to ensure that the severity of the discipline
408+20 recommended is reasonably proportional to the severity of the
409+21 violation.
410+22 The report of the Board's findings of fact, conclusions of
411+23 law, and recommendations shall be the basis for the
412+24 Department's decision to refuse to issue, restore, or renew a
413+25 license, or to take any other disciplinary action. If the
414+26 Secretary disagrees with the recommendations of the Board, the
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425+1 Secretary may issue an order in contravention of the Board
426+2 recommendations. The report's findings are not admissible in
427+3 evidence against the person in a criminal prosecution brought
428+4 for a violation of this Act, but the hearing and findings are
429+5 not a bar to a criminal prosecution for the violation of this
430+6 Act.
431+7 If the Secretary disagrees in any regard with the report
432+8 of the Advisory Board, the Secretary may issue an order in
433+9 contravention of the report. The Secretary shall provide a
434+10 written report to the Advisory Board on any deviation and
435+11 shall specify with particularity the reasons for that action
436+12 in the final order.
437+13 (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
438+14 (225 ILCS 407/20-65)
439+15 (Section scheduled to be repealed on January 1, 2030)
440+16 Sec. 20-65. Restoration of license. At any time after the
441+17 suspension, or revocation, or probation of any license, the
442+18 Department may restore the license to the accused person upon
443+19 the written recommendation of the Advisory Board, unless after
444+20 an investigation and a hearing the Advisory Board determines
445+21 that restoration is not in the public interest.
446+22 (Source: P.A. 95-572, eff. 6-1-08.)
447+23 (225 ILCS 407/20-110 new)
448+24 Sec. 20-110. Cease and desist orders. The Department may
449+
450+
451+
452+
453+
454+ SB1866 Enrolled - 13 - LRB103 26535 AMQ 52898 b
455+
456+
457+SB1866 Enrolled- 14 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 14 - LRB103 26535 AMQ 52898 b
458+ SB1866 Enrolled - 14 - LRB103 26535 AMQ 52898 b
459+1 issue a cease and desist order to a person who engages in
460+2 activities prohibited by this Act. Any person in violation of
461+3 a cease and desist order issued by the Department is subject to
462+4 all of the penalties provided by law.
463+5 (225 ILCS 407/20-115 new)
464+6 Sec. 20-115. Statute of limitations. No action may be
465+7 taken under this Act against a person or entity licensed under
466+8 this Act unless the action is commenced within 5 years after
467+9 the occurrence of the alleged violation. A continuing
468+10 violation is deemed to have occurred on the date when the
469+11 circumstances last existed that gave rise to the alleged
470+12 continuing violation.
471+13 (225 ILCS 407/25-110 new)
472+14 Sec. 25-110. Licensing of auction schools.
473+15 (a) Only an auction school licensed by the Department may
474+16 provide the continuing education courses required for
475+17 licensure under this Act.
476+18 (b) An auction school may also provide the course required
477+19 to obtain the real estate auction certification in Section
478+20 5-32 of the Real Estate License Act of 2000. The course shall
479+21 be approved by the Real Estate Administration and Disciplinary
480+22 Board pursuant to Section 25-10 of the Real Estate License Act
481+23 of 2000.
482+24 (c) A person or entity seeking to be licensed as an auction
483+
484+
485+
486+
487+
488+ SB1866 Enrolled - 14 - LRB103 26535 AMQ 52898 b
489+
490+
491+SB1866 Enrolled- 15 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 15 - LRB103 26535 AMQ 52898 b
492+ SB1866 Enrolled - 15 - LRB103 26535 AMQ 52898 b
493+1 school under this Act shall provide satisfactory evidence of
494+2 the following:
495+3 (1) a sound financial base for establishing,
496+4 promoting, and delivering the necessary courses;
497+5 (2) a sufficient number of qualified instructors;
498+6 (3) adequate support personnel to assist with
499+7 administrative matters and technical assistance;
500+8 (4) a qualified school administrator, who is
501+9 responsible for the administration of the school, courses,
502+10 and the actions of the instructors;
503+11 (5) proof of good standing with the Secretary of State
504+12 and authority to conduct business in this State; and
505+13 (6) any other requirements provided by rule.
506+14 (d) All applicants for an auction schools license shall
507+15 make initial application to the Department in a manner
508+16 prescribed by the Department and pay the appropriate fee as
509+17 provided by rule. In addition to any other information
510+18 required to be contained in the application as prescribed by
511+19 rule, every application for an original or renewed license
512+20 shall include the applicant's Taxpayer Identification Number.
513+21 The term, expiration date, and renewal of an auction schools
514+22 license shall be established by rule.
515+23 (e) An auction school shall provide each successful course
516+24 participant with a certificate of completion signed by the
517+25 school administrator. The format and content of the
518+26 certificate shall be specified by rule.
519+
520+
521+
522+
523+
524+ SB1866 Enrolled - 15 - LRB103 26535 AMQ 52898 b
525+
526+
527+SB1866 Enrolled- 16 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 16 - LRB103 26535 AMQ 52898 b
528+ SB1866 Enrolled - 16 - LRB103 26535 AMQ 52898 b
529+1 (f) All auction schools shall provide to the Department a
530+2 roster of all successful course participants as provided by
531+3 rule.
532+4 (225 ILCS 407/25-115 new)
533+5 Sec. 25-115. Course approval.
534+6 (a) Only courses that are approved by the Department and
535+7 offered by licensed auction schools shall be used to meet the
536+8 requirements of this Act and rules.
537+9 (b) An auction school licensed under this Act may submit
538+10 courses to the Department for approval. The criteria,
539+11 requirements, and fees for courses shall be established by
540+12 rule.
541+13 (c) For each course approved, the Department shall issue
542+14 certification of course approval to the auction school. The
543+15 term, expiration date, and renewal of a course approval shall
544+16 be established by rule.
545+17 (225 ILCS 407/30-30)
546+18 (Section scheduled to be repealed on January 1, 2030)
547+19 Sec. 30-30. Auction Advisory Board.
548+20 (a) There is hereby created the Auction Advisory Board.
549+21 The Advisory Board shall consist of 7 members and shall be
550+22 appointed by the Secretary. In making the appointments, the
551+23 Secretary shall give due consideration to the recommendations
552+24 by members and organizations of the industry, including, but
553+
554+
555+
556+
557+
558+ SB1866 Enrolled - 16 - LRB103 26535 AMQ 52898 b
559+
560+
561+SB1866 Enrolled- 17 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 17 - LRB103 26535 AMQ 52898 b
562+ SB1866 Enrolled - 17 - LRB103 26535 AMQ 52898 b
563+1 not limited to, the Illinois State Auctioneers Association.
564+2 Five members of the Advisory Board shall be licensed
565+3 auctioneers. One member shall be a public member who
566+4 represents the interests of consumers and who is not licensed
567+5 under this Act or the spouse of a person licensed under this
568+6 Act or who has any responsibility for management or formation
569+7 of policy of or any financial interest in the auctioneering
570+8 profession. One member shall be actively engaged in the real
571+9 estate industry and licensed as a broker or managing broker.
572+10 The Advisory Board shall annually elect, at its first meeting
573+11 of the fiscal year, one of its members to serve as Chairperson.
574+12 (b) The members' terms shall be for 4 years and until a
575+13 successor is appointed. No member shall be reappointed to the
576+14 Board for a term that would cause the member's cumulative
577+15 service to the Board to exceed 12 10 years. Appointments to
578+16 fill vacancies shall be made by the Secretary for the
579+17 unexpired portion of the term. To the extent practicable, the
580+18 Secretary shall appoint members to ensure that the various
581+19 geographic regions of the State are properly represented on
582+20 the Advisory Board. The Secretary shall remove from the Board
583+21 any member whose license has been revoked or suspended and may
584+22 remove any member of the Board for neglect of duty,
585+23 misconduct, incompetence, or for missing 2 board meetings
586+24 during any one fiscal year.
587+25 (c) Four Board members shall constitute a quorum. A quorum
588+26 is required for all Board decisions. A vacancy in the
589+
590+
591+
592+
593+
594+ SB1866 Enrolled - 17 - LRB103 26535 AMQ 52898 b
595+
596+
597+SB1866 Enrolled- 18 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 18 - LRB103 26535 AMQ 52898 b
598+ SB1866 Enrolled - 18 - LRB103 26535 AMQ 52898 b
599+1 membership of the Board shall not impair the right of a quorum
600+2 to exercise all of the rights and perform all of the duties of
601+3 the Board.
602+4 (d) Each member of the Advisory Board may receive a per
603+5 diem stipend in an amount to be determined by the Secretary.
604+6 While engaged in the performance of duties, each member shall
605+7 be reimbursed for necessary expenses.
606+8 (e) Members of the Advisory Board shall be immune from
607+9 suit in an action based upon any disciplinary proceedings or
608+10 other acts performed in good faith as members of the Advisory
609+11 Board.
610+12 (f) The Advisory Board shall meet as convened by the
611+13 Department.
612+14 (g) The Advisory Board shall advise the Department on
613+15 matters of licensing and education and make recommendations to
614+16 the Department on those matters and shall hear and make
615+17 recommendations to the Secretary on disciplinary matters that
616+18 require a formal evidentiary hearing.
617+19 (h) The Secretary shall give due consideration to all
618+20 recommendations of the Advisory Board.
619+21 (Source: P.A. 102-970, eff. 5-27-22.)
620+22 Section 10. The Community Association Manager Licensing
621+23 and Disciplinary Act is amended by changing Sections 25, 32,
622+24 60, 85, 95, and 130 as follows:
623+
624+
625+
626+
627+
628+ SB1866 Enrolled - 18 - LRB103 26535 AMQ 52898 b
629+
630+
631+SB1866 Enrolled- 19 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 19 - LRB103 26535 AMQ 52898 b
632+ SB1866 Enrolled - 19 - LRB103 26535 AMQ 52898 b
633+1 (225 ILCS 427/25)
634+2 (Section scheduled to be repealed on January 1, 2027)
635+3 Sec. 25. Community Association Manager Licensing and
636+4 Disciplinary Board.
637+5 (a) There is hereby created the Community Association
638+6 Manager Licensing and Disciplinary Board, which shall consist
639+7 of 7 members appointed by the Secretary. All members must be
640+8 residents of the State and must have resided in the State for
641+9 at least 5 years immediately preceding the date of
642+10 appointment. Five members of the Board must be licensees under
643+11 this Act. Two members of the Board shall be owners of, or hold
644+12 a shareholder's interest in, a unit in a community association
645+13 at the time of appointment who are not licensees under this Act
646+14 and have no direct affiliation with the community
647+15 association's community association manager. This Board shall
648+16 act in an advisory capacity to the Department.
649+17 (b) The term of each member shall be for 4 years and until
650+18 that member's successor is appointed. No member shall be
651+19 reappointed to the Board for a term that would cause the
652+20 member's cumulative service to the Board to exceed 12 10
653+21 years. Appointments to fill vacancies shall be made by the
654+22 Secretary for the unexpired portion of the term. The Secretary
655+23 shall remove from the Board any member whose license has
656+24 become void or has been revoked or suspended and may remove any
657+25 member of the Board for neglect of duty, misconduct, or
658+26 incompetence, or for missing 2 board meetings during any one
659+
660+
661+
662+
663+
664+ SB1866 Enrolled - 19 - LRB103 26535 AMQ 52898 b
665+
666+
667+SB1866 Enrolled- 20 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 20 - LRB103 26535 AMQ 52898 b
668+ SB1866 Enrolled - 20 - LRB103 26535 AMQ 52898 b
669+1 fiscal year. A member who is subject to formal disciplinary
670+2 proceedings shall be disqualified from all Board business
671+3 until the charge is resolved. A member also shall be
672+4 disqualified from any matter on which the member cannot act
673+5 objectively.
674+6 (c) Four Board members shall constitute a quorum. A quorum
675+7 is required for all Board decisions. A vacancy in the
676+8 membership of the Board shall not impair the right of a quorum
677+9 to exercise all of the rights and perform all of the duties of
678+10 the Board.
679+11 (d) The Board shall elect annually, at its first meeting
680+12 of the fiscal year, a chairperson and vice chairperson.
681+13 (e) Each member shall be reimbursed for necessary expenses
682+14 incurred in carrying out the duties as a Board member. The
683+15 Board may receive a per diem stipend in an amount to be
684+16 determined by the Secretary.
685+17 (f) The Board may recommend policies, procedures, and
686+18 rules relevant to the administration and enforcement of this
687+19 Act.
688+20 (g) Members of the Board shall be immune from suit in an
689+21 action based upon any disciplinary proceedings or other acts
690+22 performed in good faith as members of the Board.
691+23 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
692+24 (225 ILCS 427/32)
693+25 (Section scheduled to be repealed on January 1, 2027)
694+
695+
696+
697+
698+
699+ SB1866 Enrolled - 20 - LRB103 26535 AMQ 52898 b
700+
701+
702+SB1866 Enrolled- 21 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 21 - LRB103 26535 AMQ 52898 b
703+ SB1866 Enrolled - 21 - LRB103 26535 AMQ 52898 b
704+1 Sec. 32. Social Security Number or Individual Taxpayer
705+2 Federal Tax Identification Number on license application. In
706+3 addition to any other information required to be contained in
707+4 the application, every application for an original license
708+5 under this Act shall include the applicant's Social Security
709+6 Number or Individual Taxpayer Federal Tax Identification
710+7 Number, which shall be retained in the Department's records
711+8 pertaining to the license. As soon as practical, the
712+9 Department shall assign a customer's identification number to
713+10 each applicant for a license.
714+11 Every application for a renewal or restored license shall
715+12 require the applicant's customer identification number.
716+13 (Source: P.A. 97-400, eff. 1-1-12; 98-365, eff. 1-1-14.)
717+14 (225 ILCS 427/60)
718+15 (Section scheduled to be repealed on January 1, 2027)
719+16 Sec. 60. Licenses; renewals; restoration; person in
720+17 military service.
721+18 (a) The expiration date, fees, and renewal period for each
722+19 license issued under this Act shall be set by rule. The
723+20 Department may promulgate rules requiring continuing education
724+21 and set all necessary requirements for such, including, but
725+22 not limited to, fees, approved coursework, number of hours,
726+23 and waivers of continuing education.
727+24 (b) Any licensee who has an expired license may have the
728+25 license restored by applying to the Department and filing
729+
730+
731+
732+
733+
734+ SB1866 Enrolled - 21 - LRB103 26535 AMQ 52898 b
735+
736+
737+SB1866 Enrolled- 22 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 22 - LRB103 26535 AMQ 52898 b
738+ SB1866 Enrolled - 22 - LRB103 26535 AMQ 52898 b
739+1 proof acceptable to the Department of fitness to have the
740+2 expired license restored, which may include sworn evidence
741+3 certifying to active practice in another jurisdiction
742+4 satisfactory to the Department, complying with any continuing
743+5 education requirements, and paying the required restoration
744+6 fee.
745+7 (c) Any person whose license expired while (i) in federal
746+8 service on active duty with the Armed Forces of the United
747+9 States or called into service or training with the State
748+10 Militia, or (ii) in training or education under the
749+11 supervision of the United States preliminary to induction into
750+12 the military service, or (iii) serving as an employee of the
751+13 Department may have the license renewed or restored without
752+14 paying any lapsed renewal fees and without completing the
753+15 continuing education requirements for that licensure period
754+16 if, within 2 years after honorable termination of the service,
755+17 training, or education, except under condition other than
756+18 honorable, the licensee furnishes the Department with
757+19 satisfactory evidence of engagement and that the service,
758+20 training, or education has been so honorably terminated.
759+21 (d) A community association manager or community
760+22 association management firm that notifies the Department, in a
761+23 manner prescribed by the Department, may place the license on
762+24 inactive status for a period not to exceed 2 years and shall be
763+25 excused from the payment of renewal fees until the person
764+26 notifies the Department in writing of the intention to resume
765+
766+
767+
768+
769+
770+ SB1866 Enrolled - 22 - LRB103 26535 AMQ 52898 b
771+
772+
773+SB1866 Enrolled- 23 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 23 - LRB103 26535 AMQ 52898 b
774+ SB1866 Enrolled - 23 - LRB103 26535 AMQ 52898 b
775+1 active practice.
776+2 (e) A community association manager or community
777+3 association management firm requesting that the license be
778+4 changed from inactive to active status shall be required to
779+5 pay the current renewal fee and shall also demonstrate
780+6 compliance with the continuing education requirements.
781+7 (f) No licensee with a nonrenewed or inactive license
782+8 status or community association management firm operating
783+9 without a designated community association manager shall
784+10 provide community association management services as set forth
785+11 in this Act.
786+12 (g) Any person violating subsection (f) of this Section
787+13 shall be considered to be practicing without a license and
788+14 will be subject to the disciplinary provisions of this Act.
789+15 (h) The Department shall not issue or renew a license if
790+16 the applicant or licensee has an unpaid fine or fee from a
791+17 disciplinary matter or from a non-disciplinary action imposed
792+18 by the Department until the fine or fee is paid to the
793+19 Department or the applicant or licensee has entered into a
794+20 payment plan and is current on the required payments.
795+21 (i) The Department shall not issue or renew a license if
796+22 the applicant or licensee has an unpaid fine or civil penalty
797+23 imposed by the Department for unlicensed practice until the
798+24 fine or civil penalty is paid to the Department or the
799+25 applicant or licensee has entered into a payment plan and is
800+26 current on the required payments.
801+
802+
803+
804+
805+
806+ SB1866 Enrolled - 23 - LRB103 26535 AMQ 52898 b
807+
808+
809+SB1866 Enrolled- 24 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 24 - LRB103 26535 AMQ 52898 b
810+ SB1866 Enrolled - 24 - LRB103 26535 AMQ 52898 b
811+1 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
812+2 (225 ILCS 427/85)
813+3 (Section scheduled to be repealed on January 1, 2027)
814+4 Sec. 85. Grounds for discipline; refusal, revocation, or
815+5 suspension.
816+6 (a) The Department may refuse to issue or renew a license,
817+7 or may place on probation, reprimand, suspend, or revoke any
818+8 license, or take any other disciplinary or non-disciplinary
819+9 action as the Department may deem proper and impose a fine not
820+10 to exceed $10,000 for each violation upon any licensee or
821+11 applicant under this Act or any person or entity who holds
822+12 oneself out as an applicant or licensee for any one or
823+13 combination of the following causes:
824+14 (1) Material misstatement in furnishing information to
825+15 the Department.
826+16 (2) Violations of this Act or its rules.
827+17 (3) Conviction of or entry of a plea of guilty or plea
828+18 of nolo contendere, as set forth in subsection (f) of
829+19 Section 40, to (i) a felony or a misdemeanor under the laws
830+20 of the United States, any state, or any other jurisdiction
831+21 or entry of an administrative sanction by a government
832+22 agency in this State or any other jurisdiction or (ii) a
833+23 crime that subjects the licensee to compliance with the
834+24 requirements of the Sex Offender Registration Act; or the
835+25 entry of an administrative sanction by a government agency
836+
837+
838+
839+
840+
841+ SB1866 Enrolled - 24 - LRB103 26535 AMQ 52898 b
842+
843+
844+SB1866 Enrolled- 25 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 25 - LRB103 26535 AMQ 52898 b
845+ SB1866 Enrolled - 25 - LRB103 26535 AMQ 52898 b
846+1 in this State or any other jurisdiction.
847+2 (4) Making any misrepresentation for the purpose of
848+3 obtaining a license or violating any provision of this Act
849+4 or its rules.
850+5 (5) Professional incompetence.
851+6 (6) Gross negligence.
852+7 (7) Aiding or assisting another person in violating
853+8 any provision of this Act or its rules.
854+9 (8) Failing, within 30 days, to provide information in
855+10 response to a request made by the Department.
856+11 (9) Engaging in dishonorable, unethical, or
857+12 unprofessional conduct of a character likely to deceive,
858+13 defraud, or harm the public as defined by the rules of the
859+14 Department, or violating the rules of professional conduct
860+15 adopted by the Department.
861+16 (10) Habitual or excessive use or addiction to
862+17 alcohol, narcotics, stimulants, or any other chemical
863+18 agent or drug that results in the inability to practice
864+19 with reasonable judgment, skill, or safety.
865+20 (11) Having been disciplined by another state, the
866+21 District of Columbia, a territory, a foreign nation, or a
867+22 governmental agency authorized to impose discipline if at
868+23 least one of the grounds for the discipline is the same or
869+24 substantially equivalent of one of the grounds for which a
870+25 licensee may be disciplined under this Act. A certified
871+26 copy of the record of the action by the other state or
872+
873+
874+
875+
876+
877+ SB1866 Enrolled - 25 - LRB103 26535 AMQ 52898 b
878+
879+
880+SB1866 Enrolled- 26 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 26 - LRB103 26535 AMQ 52898 b
881+ SB1866 Enrolled - 26 - LRB103 26535 AMQ 52898 b
882+1 jurisdiction shall be prima facie evidence thereof.
883+2 (12) Directly or indirectly giving to or receiving
884+3 from any person, firm, corporation, partnership, or
885+4 association any fee, commission, rebate, or other form of
886+5 compensation for any services not actually or personally
887+6 rendered.
888+7 (13) A finding by the Department that the licensee,
889+8 after having the license placed on probationary status,
890+9 has violated the terms of probation.
891+10 (14) Willfully making or filing false records or
892+11 reports relating to a licensee's practice, including, but
893+12 not limited to, false records filed with any State or
894+13 federal agencies or departments.
895+14 (15) Being named as a perpetrator in an indicated
896+15 report by the Department of Children and Family Services
897+16 under the Abused and Neglected Child Reporting Act and
898+17 upon proof by clear and convincing evidence that the
899+18 licensee has caused a child to be an abused child or
900+19 neglected child as defined in the Abused and Neglected
901+20 Child Reporting Act.
902+21 (16) Physical illness or mental illness or impairment
903+22 that results in the inability to practice the profession
904+23 with reasonable judgment, skill, or safety.
905+24 (17) Solicitation of professional services by using
906+25 false or misleading advertising.
907+26 (18) A finding that licensure has been applied for or
908+
909+
910+
911+
912+
913+ SB1866 Enrolled - 26 - LRB103 26535 AMQ 52898 b
914+
915+
916+SB1866 Enrolled- 27 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 27 - LRB103 26535 AMQ 52898 b
917+ SB1866 Enrolled - 27 - LRB103 26535 AMQ 52898 b
918+1 obtained by fraudulent means.
919+2 (19) Practicing or attempting to practice under a name
920+3 other than the full name as shown on the license or any
921+4 other legally authorized name unless approved by the
922+5 Department.
923+6 (20) Gross overcharging for professional services
924+7 including, but not limited to, (i) collection of fees or
925+8 moneys for services that are not rendered; and (ii)
926+9 charging for services that are not in accordance with the
927+10 contract between the licensee and the community
928+11 association.
929+12 (21) Improper commingling of personal and client funds
930+13 in violation of this Act or any rules promulgated thereto.
931+14 (22) Failing to account for or remit any moneys or
932+15 documents coming into the licensee's possession that
933+16 belong to another person or entity.
934+17 (23) Giving differential treatment to a person that is
935+18 to that person's detriment on the basis of race, color,
936+19 sex, ancestry, age, order of protection status, marital
937+20 status, physical or mental disability, military status,
938+21 unfavorable discharge from military status, sexual
939+22 orientation, pregnancy, religion, or national origin.
940+23 (24) Performing and charging for services without
941+24 reasonable authorization to do so from the person or
942+25 entity for whom service is being provided.
943+26 (25) Failing to make available to the Department, upon
944+
945+
946+
947+
948+
949+ SB1866 Enrolled - 27 - LRB103 26535 AMQ 52898 b
950+
951+
952+SB1866 Enrolled- 28 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 28 - LRB103 26535 AMQ 52898 b
953+ SB1866 Enrolled - 28 - LRB103 26535 AMQ 52898 b
954+1 request, any books, records, or forms required by this
955+2 Act.
956+3 (26) Purporting to be a designated community
957+4 association manager of a firm without active participation
958+5 in the firm and having been designated as such.
959+6 (27) Failing to make available to the Department at
960+7 the time of the request any indicia of licensure issued
961+8 under this Act.
962+9 (28) Failing to maintain and deposit funds belonging
963+10 to a community association in accordance with subsection
964+11 (b) of Section 55 of this Act.
965+12 (29) Violating the terms of any a disciplinary order
966+13 issued by the Department.
967+14 (30) Operating a community association management firm
968+15 without a designated community association manager who
969+16 holds an active community association manager license.
970+17 (31) For a designated community association manager,
971+18 failing to meet the requirements for acting as a
972+19 designated community association manager.
973+20 (32) Failing to disclose to a community association
974+21 any compensation received by a licensee from a third party
975+22 in connection with or related to a transaction entered
976+23 into by the licensee on behalf of the community
977+24 association.
978+25 (33) Failing to disclose to a community association,
979+26 at the time of making the referral, that a licensee (A) has
980+
981+
982+
983+
984+
985+ SB1866 Enrolled - 28 - LRB103 26535 AMQ 52898 b
986+
987+
988+SB1866 Enrolled- 29 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 29 - LRB103 26535 AMQ 52898 b
989+ SB1866 Enrolled - 29 - LRB103 26535 AMQ 52898 b
990+1 greater than a 1% ownership interest in a third party to
991+2 which it refers the community association; or (B) receives
992+3 or may receive dividends or other profit sharing
993+4 distributions from a third party, other than a publicly
994+5 held or traded company, to which it refers the community
995+6 association.
996+7 (b) (Blank).
997+8 (c) The determination by a circuit court that a licensee
998+9 is subject to involuntary admission or judicial admission, as
999+10 provided in the Mental Health and Developmental Disabilities
1000+11 Code, operates as an automatic suspension. The suspension will
1001+12 terminate only upon a finding by a court that the patient is no
1002+13 longer subject to involuntary admission or judicial admission
1003+14 and the issuance of an order so finding and discharging the
1004+15 patient, and upon the recommendation of the Board to the
1005+16 Secretary that the licensee be allowed to resume practice as a
1006+17 licensed community association manager.
1007+18 (d) In accordance with subsection (g) of Section 2105-15
1008+19 of the Department of Professional Regulation Law of the Civil
1009+20 Administrative Code of Illinois (20 ILCS 2105/2105-15), the
1010+21 Department may refuse to issue or renew or may suspend the
1011+22 license of any person who fails to file a return, to pay the
1012+23 tax, penalty, or interest shown in a filed return, or to pay
1013+24 any final assessment of tax, penalty, or interest, as required
1014+25 by any tax Act administered by the Department of Revenue,
1015+26 until such time as the requirements of that tax Act are
1016+
1017+
1018+
1019+
1020+
1021+ SB1866 Enrolled - 29 - LRB103 26535 AMQ 52898 b
1022+
1023+
1024+SB1866 Enrolled- 30 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 30 - LRB103 26535 AMQ 52898 b
1025+ SB1866 Enrolled - 30 - LRB103 26535 AMQ 52898 b
1026+1 satisfied.
1027+2 (e) In accordance with subdivision (a)(5) of Section
1028+3 2105-15 of the Department of Professional Regulation Law of
1029+4 the Civil Administrative Code of Illinois (20 ILCS
1030+5 2105/2105-15) and in cases where the Department of Healthcare
1031+6 and Family Services (formerly Department of Public Aid) has
1032+7 previously determined that a licensee or a potential licensee
1033+8 is more than 30 days delinquent in the payment of child support
1034+9 and has subsequently certified the delinquency to the
1035+10 Department, the Department may refuse to issue or renew or may
1036+11 revoke or suspend that person's license or may take other
1037+12 disciplinary action against that person based solely upon the
1038+13 certification of delinquency made by the Department of
1039+14 Healthcare and Family Services.
1040+15 (f) (Blank).
1041+16 (Source: P.A. 102-20, eff. 1-1-22.)
1042+17 (225 ILCS 427/95)
1043+18 (Section scheduled to be repealed on January 1, 2027)
1044+19 Sec. 95. Investigation; notice and hearing. The
1045+20 Department may investigate the actions or qualifications of a
1046+21 person, which includes an entity, or other business applying
1047+22 for, holding or claiming to hold, or holding oneself out as
1048+23 having a license or rendering or offering to render services
1049+24 for which a license is required by this Act and may notify
1050+25 their designated community association manager, if any, of the
1051+
1052+
1053+
1054+
1055+
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1057+
1058+
1059+SB1866 Enrolled- 31 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 31 - LRB103 26535 AMQ 52898 b
1060+ SB1866 Enrolled - 31 - LRB103 26535 AMQ 52898 b
1061+1 pending investigation. Before suspending, revoking, placing on
1062+2 probationary status, or taking any other disciplinary action
1063+3 as the Department may deem proper with regard to any license,
1064+4 at least 30 days before the date set for the hearing, the
1065+5 Department shall (i) notify the person charged accused and the
1066+6 person's their designated community association manager, if
1067+7 any, in writing of any charges made and the time and place for
1068+8 a hearing on the charges before the Board, (ii) direct the
1069+9 person accused to file a written answer to the charges with the
1070+10 Board under oath within 20 days after the service on the person
1071+11 accused of such notice, and (iii) inform the person accused
1072+12 that if the person accused fails to file an answer, default
1073+13 will be taken against the person accused and the license of the
1074+14 person accused may be suspended, revoked, placed on
1075+15 probationary status, or other disciplinary action taken with
1076+16 regard to the license, including limiting the scope, nature,
1077+17 or extent of related practice, as the Department may deem
1078+18 proper. The Department shall serve notice under this Section
1079+19 by regular or electronic mail to the person's applicant's or
1080+20 licensee's last address of record or email address of record
1081+21 as provided to the Department. If the person accused fails to
1082+22 file an answer after receiving notice, the license may, in the
1083+23 discretion of the Department, be suspended, revoked, or placed
1084+24 on probationary status, or the Department may take whatever
1085+25 disciplinary action deemed proper, including limiting the
1086+26 scope, nature, or extent of the person's practice or the
1087+
1088+
1089+
1090+
1091+
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1093+
1094+
1095+SB1866 Enrolled- 32 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 32 - LRB103 26535 AMQ 52898 b
1096+ SB1866 Enrolled - 32 - LRB103 26535 AMQ 52898 b
1097+1 imposition of a fine, without a hearing, if the act or acts
1098+2 charged constitute sufficient grounds for such action under
1099+3 this Act. The answer shall be served by personal delivery or
1100+4 regular mail or electronic mail to the Department. At the time
1101+5 and place fixed in the notice, the Department shall proceed to
1102+6 hear the charges and the parties or their counsel shall be
1103+7 accorded ample opportunity to present such statements,
1104+8 testimony, evidence, and argument as may be pertinent to the
1105+9 charges or to the defense thereto. The Department may continue
1106+10 such hearing from time to time. At the discretion of the
1107+11 Secretary after having first received the recommendation of
1108+12 the Board, the accused person's license may be suspended,
1109+13 revoked, or placed on probationary status or the Department
1110+14 may take whatever disciplinary action considered proper,
1111+15 including limiting the scope, nature, or extent of the
1112+16 person's practice or the imposition of a fine if the act or
1113+17 acts charged constitute sufficient grounds for that action
1114+18 under this Act. A copy of the Department's final disciplinary
1115+19 order shall be delivered to the person's accused's designated
1116+20 community association manager or may be sent to the community
1117+21 association that , if the accused is directly employs the
1118+22 person employed by a community association, to the board of
1119+23 managers of that association if known to the Department.
1120+24 (Source: P.A. 102-20, eff. 1-1-22.)
1121+25 (225 ILCS 427/130)
1122+
1123+
1124+
1125+
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1128+
1129+
1130+SB1866 Enrolled- 33 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 33 - LRB103 26535 AMQ 52898 b
1131+ SB1866 Enrolled - 33 - LRB103 26535 AMQ 52898 b
1132+1 (Section scheduled to be repealed on January 1, 2027)
1133+2 Sec. 130. Restoration of suspended or revoked license. At
1134+3 any time after the successful completion of a term of
1135+4 suspension, or revocation, or probation of a license, the
1136+5 Department may restore it to the licensee, upon the written
1137+6 recommendation of the Board, unless after an investigation and
1138+7 a hearing the Board determines that restoration is not in the
1139+8 public interest.
1140+9 (Source: P.A. 96-726, eff. 7-1-10.)
1141+10 Section 15. The Home Inspector License Act is amended by
1142+11 changing Sections 5-10, 5-14, 5-16, 5-17, 15-10, 15-11, 15-15,
1143+12 and 25-27 as follows:
1144+13 (225 ILCS 441/5-10)
1145+14 (Section scheduled to be repealed on January 1, 2027)
1146+15 Sec. 5-10. Application for home inspector license.
1147+16 (a) Every natural person who desires to obtain a home
1148+17 inspector license shall:
1149+18 (1) apply to the Department in a manner prescribed by
1150+19 the Department and accompanied by the required fee; all
1151+20 applications shall contain the information that, in the
1152+21 judgment of the Department, enables the Department to pass
1153+22 on the qualifications of the applicant for a license to
1154+23 practice as a home inspector as set by rule;
1155+24 (2) be at least 18 years of age;
1156+
1157+
1158+
1159+
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1161+ SB1866 Enrolled - 33 - LRB103 26535 AMQ 52898 b
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1166+1 (3) successfully complete a 4-year course of study in
1167+2 a high school or secondary school or an equivalent course
1168+3 of study approved by the state in which the school is
1169+4 located, or possess a State of Illinois High School
1170+5 Diploma, which shall be verified under oath by the
1171+6 applicant;
1172+7 (4) personally take and pass a written examination and
1173+8 a field examination authorized by the Department; and
1174+9 (5) prior to taking the examination, provide evidence
1175+10 to the Department that the applicant has successfully
1176+11 completed the prerequisite classroom hours of instruction
1177+12 in home inspection, as established by rule.
1178+13 (b) The Department shall not require applicants to report
1179+14 the following information and shall not consider the following
1180+15 criminal history records in connection with an application for
1181+16 licensure or registration:
1182+17 (1) juvenile adjudications of delinquent minors as
1183+18 defined in Section 5-105 of the Juvenile Court Act of 1987
1184+19 subject to the restrictions set forth in Section 5-130 of
1185+20 that Act;
1186+21 (2) law enforcement records, court records, and
1187+22 conviction records of an individual who was 17 years old
1188+23 at the time of the offense and before January 1, 2014,
1189+24 unless the nature of the offense required the individual
1190+25 to be tried as an adult;
1191+26 (3) records of arrest not followed by a charge or
1192+
1193+
1194+
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1198+
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1201+ SB1866 Enrolled - 35 - LRB103 26535 AMQ 52898 b
1202+1 conviction;
1203+2 (4) records of arrest where the charges were dismissed
1204+3 unless related to the practice of the profession; however,
1205+4 applicants shall not be asked to report any arrests, and
1206+5 an arrest not followed by a conviction shall not be the
1207+6 basis of denial and may be used only to assess an
1208+7 applicant's rehabilitation;
1209+8 (5) convictions overturned by a higher court; or
1210+9 (6) convictions or arrests that have been sealed or
1211+10 expunged.
1212+11 (c) An applicant or licensee shall report to the
1213+12 Department, in a manner prescribed by the Department, upon
1214+13 application and within 30 days after the occurrence, if during
1215+14 the term of licensure, (i) any conviction of or plea of guilty
1216+15 or nolo contendere to forgery, embezzlement, obtaining money
1217+16 under false pretenses, larceny, extortion, conspiracy to
1218+17 defraud, or any similar offense or offenses or any conviction
1219+18 of a felony involving moral turpitude, (ii) the entry of an
1220+19 administrative sanction by a government agency in this State
1221+20 or any other jurisdiction that has as an essential element
1222+21 dishonesty or fraud or involves larceny, embezzlement, or
1223+22 obtaining money, property, or credit by false pretenses, or
1224+23 (iii) a crime that subjects the licensee to compliance with
1225+24 the requirements of the Sex Offender Registration Act.
1226+25 (d) Applicants have 3 years after the date of the
1227+26 application to complete the application process. If the
1228+
1229+
1230+
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1237+ SB1866 Enrolled - 36 - LRB103 26535 AMQ 52898 b
1238+1 process has not been completed within 3 years, the application
1239+2 shall be denied, the fee forfeited, and the applicant must
1240+3 reapply and meet the requirements in effect at the time of
1241+4 reapplication.
1242+5 (Source: P.A. 102-20, eff. 1-1-22; 102-1100, eff. 1-1-23.)
1243+6 (225 ILCS 441/5-14)
1244+7 (Section scheduled to be repealed on January 1, 2027)
1245+8 Sec. 5-14. Social Security Number or Individual Taxpayer
1246+9 Identification Number on license application. In addition to
1247+10 any other information required to be contained in the
1248+11 application, every application for an original, renewal,
1249+12 reinstated, or restored license under this Act shall include
1250+13 the applicant's Social Security Number or Individual Taxpayer
1251+14 Identification Number.
1252+15 (Source: P.A. 97-226, eff. 7-28-11.)
1253+16 (225 ILCS 441/5-16)
1254+17 (Section scheduled to be repealed on January 1, 2027)
1255+18 Sec. 5-16. Renewal of license.
1256+19 (a) The expiration date and renewal period for a home
1257+20 inspector license issued under this Act shall be set by rule.
1258+21 Except as otherwise provided in subsections (b) and (c) of
1259+22 this Section, the holder of a license may renew the license
1260+23 within 90 days preceding the expiration date by:
1261+24 (1) completing and submitting to the Department a
1262+
1263+
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1265+
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1271+ SB1866 Enrolled - 37 - LRB103 26535 AMQ 52898 b
1272+1 renewal application in a manner prescribed by the
1273+2 Department;
1274+3 (2) paying the required fees; and
1275+4 (3) providing evidence of successful completion of the
1276+5 continuing education requirements through courses approved
1277+6 by the Department given by education providers licensed by
1278+7 the Department, as established by rule.
1279+8 (b) A home inspector whose license under this Act has
1280+9 expired may renew the license for a period of 2 years following
1281+10 the expiration date by complying with the requirements of
1282+11 subparagraphs (1), (2), and (3) of subsection (a) of this
1283+12 Section and paying any late penalties established by rule.
1284+13 (c) Notwithstanding subsection (b), a home inspector whose
1285+14 license under this Act has expired may renew the license
1286+15 without paying any lapsed renewal fees or late penalties and
1287+16 without completing the continuing education requirements for
1288+17 that licensure period if (i) the license expired while the
1289+18 home inspector was (i) in federal service on active duty with
1290+19 the Armed Forces of the United States or called into service or
1291+20 training with the State Militia, (ii) in training or education
1292+21 under the supervision of the United States preliminary to
1293+22 induction into the military service, or (iii) serving as an
1294+23 employee of the Department and within 2 years after the
1295+24 termination of the service, training, or education, the
1296+25 licensee furnishes the Department with satisfactory evidence
1297+26 of service, training, or education and was terminated under
1298+
1299+
1300+
1301+
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1307+ SB1866 Enrolled - 38 - LRB103 26535 AMQ 52898 b
1308+1 honorable conditions on active duty with the United States
1309+2 Armed Services, (ii) application for renewal is made within 2
1310+3 years following the termination of the military service or
1311+4 related education, training, or employment, and (iii) the
1312+5 applicant furnishes to the Department an affidavit that the
1313+6 applicant was so engaged.
1314+7 (d) The Department shall provide reasonable care and due
1315+8 diligence to ensure that each licensee under this Act is
1316+9 provided a renewal application at least 90 days prior to the
1317+10 expiration date, but it is the responsibility of each licensee
1318+11 to renew the license prior to its expiration date.
1319+12 (e) The Department shall not issue or renew a license if
1320+13 the applicant or licensee has an unpaid fine or fee from a
1321+14 disciplinary matter or from a non-disciplinary action imposed
1322+15 by the Department until the fine or fee is paid to the
1323+16 Department or the applicant or licensee has entered into a
1324+17 payment plan and is current on the required payments.
1325+18 (f) The Department shall not issue or renew a license if
1326+19 the applicant or licensee has an unpaid fine or civil penalty
1327+20 imposed by the Department for unlicensed practice until the
1328+21 fine or civil penalty is paid to the Department or the
1329+22 applicant or licensee has entered into a payment plan and is
1330+23 current on the required payments.
1331+24 (g) A home inspector who notifies the Department, in a
1332+25 manner prescribed by the Department, may place the license on
1333+26 inactive status for a period not to exceed 2 years and shall be
1334+
1335+
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1343+ SB1866 Enrolled - 39 - LRB103 26535 AMQ 52898 b
1344+1 excused from the payment of renewal fees until the person
1345+2 notifies the Department in writing of the intention to resume
1346+3 active practice.
1347+4 (h) A home inspector requesting that the license be
1348+5 changed from inactive to active status shall be required to
1349+6 pay the current renewal fee and shall also demonstrate
1350+7 compliance with the continuing education requirements.
1351+8 (i) No licensee with a nonrenewed or inactive license
1352+9 status shall provide home inspection services as set forth in
1353+10 this Act.
1354+11 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
1355+12 (225 ILCS 441/5-17)
1356+13 (Section scheduled to be repealed on January 1, 2027)
1357+14 Sec. 5-17. Renewal of home inspector license; entity.
1358+15 (a) The expiration date and renewal period for a home
1359+16 inspector license for an entity that is not a natural person
1360+17 shall be set by rule. The holder of a license may renew the
1361+18 license within 90 days preceding the expiration date by
1362+19 completing and submitting to the Department a renewal
1363+20 application in a manner prescribed by the Department and
1364+21 paying the required fees.
1365+22 (b) An entity that is not a natural person whose license
1366+23 under this Act has expired may renew the license for a period
1367+24 of 2 years following the expiration date by complying with the
1368+25 requirements of subsection (a) of this Section and paying any
1369+
1370+
1371+
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1379+1 late penalties established by rule.
1380+2 (c) The Department shall not issue or renew a license if
1381+3 the applicant or licensee has an unpaid fine or fee from a
1382+4 disciplinary matter or from a non-disciplinary action imposed
1383+5 by the Department until the fine or fee is paid to the
1384+6 Department or the applicant or licensee has entered into a
1385+7 payment plan and is current on the required payments.
1386+8 (d) The Department shall not issue or renew a license if
1387+9 the applicant or licensee has an unpaid fine or civil penalty
1388+10 imposed by the Department for unlicensed practice until the
1389+11 fine or civil penalty is paid to the Department or the
1390+12 applicant or licensee has entered into a payment plan and is
1391+13 current on the required payments.
1392+14 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
1393+15 (225 ILCS 441/15-10)
1394+16 (Section scheduled to be repealed on January 1, 2027)
1395+17 Sec. 15-10. Grounds for disciplinary action.
1396+18 (a) The Department may refuse to issue or renew, or may
1397+19 revoke, suspend, place on probation, reprimand, or take other
1398+20 disciplinary or non-disciplinary action as the Department may
1399+21 deem appropriate, including imposing fines not to exceed
1400+22 $25,000 for each violation upon any licensee or applicant
1401+23 under this Act or any person or entity who holds oneself out as
1402+24 an applicant or licensee , with regard to any license for any
1403+25 one or combination of the following:
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1414+1 (1) Fraud or misrepresentation in applying for, or
1415+2 procuring a license under this Act or in connection with
1416+3 applying for renewal of a license under this Act.
1417+4 (2) Failing to meet the minimum qualifications for
1418+5 licensure as a home inspector established by this Act.
1419+6 (3) Paying money, other than for the fees provided for
1420+7 by this Act, or anything of value to an employee of the
1421+8 Department to procure licensure under this Act.
1422+9 (4) Conviction of, or plea of guilty or nolo
1423+10 contendere, or finding as enumerated in subsection (c) of
1424+11 Section 5-10, under the laws of any jurisdiction of the
1425+12 United States: (i) that is a felony, misdemeanor, or
1426+13 administrative sanction, or (ii) that is a crime that
1427+14 subjects the licensee to compliance with the requirements
1428+15 of the Sex Offender Registration Act.
1429+16 (5) Committing an act or omission involving
1430+17 dishonesty, fraud, or misrepresentation with the intent to
1431+18 substantially benefit the licensee or another person or
1432+19 with the intent to substantially injure another person.
1433+20 (6) Violating a provision or standard for the
1434+21 development or communication of home inspections as
1435+22 provided in Section 10-5 of this Act or as defined in the
1436+23 rules.
1437+24 (7) Failing or refusing to exercise reasonable
1438+25 diligence in the development, reporting, or communication
1439+26 of a home inspection report, as defined by this Act or the
1440+
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1449+ SB1866 Enrolled - 42 - LRB103 26535 AMQ 52898 b
1450+1 rules.
1451+2 (8) Violating a provision of this Act or the rules.
1452+3 (9) Having been disciplined by another state, the
1453+4 District of Columbia, a territory, a foreign nation, a
1454+5 governmental agency, or any other entity authorized to
1455+6 impose discipline if at least one of the grounds for that
1456+7 discipline is the same as or substantially equivalent to
1457+8 one of the grounds for which a licensee may be disciplined
1458+9 under this Act.
1459+10 (10) Engaging in dishonorable, unethical, or
1460+11 unprofessional conduct of a character likely to deceive,
1461+12 defraud, or harm the public.
1462+13 (11) Accepting an inspection assignment when the
1463+14 employment itself is contingent upon the home inspector
1464+15 reporting a predetermined analysis or opinion, or when the
1465+16 fee to be paid is contingent upon the analysis, opinion,
1466+17 or conclusion reached or upon the consequences resulting
1467+18 from the home inspection assignment.
1468+19 (12) Developing home inspection opinions or
1469+20 conclusions based on the race, color, religion, sex,
1470+21 national origin, ancestry, age, marital status, family
1471+22 status, physical or mental disability, military status,
1472+23 unfavorable discharge from military status, sexual
1473+24 orientation, order of protection status, or pregnancy, or
1474+25 any other protected class as defined under the Illinois
1475+26 Human Rights Act, of the prospective or present owners or
1476+
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1486+1 occupants of the area or property under home inspection.
1487+2 (13) Being adjudicated liable in a civil proceeding on
1488+3 grounds of fraud, misrepresentation, or deceit. In a
1489+4 disciplinary proceeding based upon a finding of civil
1490+5 liability, the home inspector shall be afforded an
1491+6 opportunity to present mitigating and extenuating
1492+7 circumstances, but may not collaterally attack the civil
1493+8 adjudication.
1494+9 (14) Being adjudicated liable in a civil proceeding
1495+10 for violation of a State or federal fair housing law.
1496+11 (15) Engaging in misleading or untruthful advertising
1497+12 or using a trade name or insignia of membership in a home
1498+13 inspection organization of which the licensee is not a
1499+14 member.
1500+15 (16) Failing, within 30 days, to provide information
1501+16 in response to a written request made by the Department.
1502+17 (17) Failing to include within the home inspection
1503+18 report the home inspector's license number and the date of
1504+19 expiration of the license. The names of (i) all persons
1505+20 who conducted the home inspection; and (ii) all persons
1506+21 who prepared the subsequent written evaluation or any part
1507+22 thereof must be disclosed in the report. It is a violation
1508+23 of this Act for a home inspector to sign a home inspection
1509+24 report knowing that the names of all such persons have not
1510+25 been disclosed in the home inspection report.
1511+26 (18) Advising a client as to whether the client should
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1519+
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1521+ SB1866 Enrolled - 44 - LRB103 26535 AMQ 52898 b
1522+1 or should not engage in a transaction regarding the
1523+2 residential real property that is the subject of the home
1524+3 inspection.
1525+4 (19) Performing a home inspection in a manner that
1526+5 damages or alters the residential real property that is
1527+6 the subject of the home inspection without the consent of
1528+7 the owner.
1529+8 (20) Performing a home inspection when the home
1530+9 inspector is providing or may also provide other services
1531+10 in connection with the residential real property or
1532+11 transaction, or has an interest in the residential real
1533+12 property, without providing prior written notice of the
1534+13 potential or actual conflict and obtaining the prior
1535+14 consent of the client as provided by rule.
1536+15 (21) Aiding or assisting another person in violating
1537+16 any provision of this Act or rules adopted under this Act.
1538+17 (22) Inability to practice with reasonable judgment,
1539+18 skill, or safety as a result of habitual or excessive use
1540+19 or addiction to alcohol, narcotics, stimulants, or any
1541+20 other chemical agent or drug.
1542+21 (23) A finding by the Department that the licensee,
1543+22 after having the license placed on probationary status,
1544+23 has violated the terms of probation.
1545+24 (24) Willfully making or filing false records or
1546+25 reports related to the practice of home inspection,
1547+26 including, but not limited to, false records filed with
1548+
1549+
1550+
1551+
1552+
1553+ SB1866 Enrolled - 44 - LRB103 26535 AMQ 52898 b
1554+
1555+
1556+SB1866 Enrolled- 45 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 45 - LRB103 26535 AMQ 52898 b
1557+ SB1866 Enrolled - 45 - LRB103 26535 AMQ 52898 b
1558+1 State agencies or departments.
1559+2 (25) Charging for professional services not rendered,
1560+3 including filing false statements for the collection of
1561+4 fees for which services are not rendered.
1562+5 (26) Practicing under a false or, except as provided
1563+6 by law, an assumed name.
1564+7 (27) Cheating on or attempting to subvert the
1565+8 licensing examination administered under this Act.
1566+9 (28) Engaging in any of the following prohibited
1567+10 fraudulent, false, deceptive, or misleading advertising
1568+11 practices:
1569+12 (i) advertising as a home inspector or operating a
1570+13 home inspection business entity unless there is a duly
1571+14 licensed home inspector responsible for all inspection
1572+15 activities and all inspections;
1573+16 (ii) advertising that contains a misrepresentation
1574+17 of facts or false statements regarding the licensee's
1575+18 professional achievements, degrees, training, skills,
1576+19 or qualifications in the home inspection profession or
1577+20 any other profession requiring licensure;
1578+21 (iii) advertising that makes only a partial
1579+22 disclosure of relevant facts related to pricing or
1580+23 home inspection services; and
1581+24 (iv) advertising that claims this State or any of
1582+25 its political subdivisions endorse the home inspection
1583+26 report or its contents.
1584+
1585+
1586+
1587+
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1589+ SB1866 Enrolled - 45 - LRB103 26535 AMQ 52898 b
1590+
1591+
1592+SB1866 Enrolled- 46 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 46 - LRB103 26535 AMQ 52898 b
1593+ SB1866 Enrolled - 46 - LRB103 26535 AMQ 52898 b
1594+1 (29) Disclosing, except as otherwise required by law,
1595+2 inspection results or client information obtained without
1596+3 the client's written consent. A home inspector shall not
1597+4 deliver a home inspection report to any person other than
1598+5 the client of the home inspector without the client's
1599+6 written consent.
1600+7 (30) Providing fees, gifts, waivers of liability, or
1601+8 other forms of compensation or gratuities to persons
1602+9 licensed under any real estate professional licensing act
1603+10 in this State as consideration or inducement for the
1604+11 referral of business.
1605+12 (31) Violating the terms of any order issued by the
1606+13 Department.
1607+14 (b) The Department may suspend, revoke, or refuse to issue
1608+15 or renew an education provider's license, may reprimand, place
1609+16 on probation, or otherwise discipline an education provider
1610+17 licensee, and may suspend or revoke the course approval of any
1611+18 course offered by an education provider, for any of the
1612+19 following:
1613+20 (1) Procuring or attempting to procure licensure by
1614+21 knowingly making a false statement, submitting false
1615+22 information, making any form of fraud or
1616+23 misrepresentation, or refusing to provide complete
1617+24 information in response to a question in an application
1618+25 for licensure.
1619+26 (2) Failing to comply with the covenants certified to
1620+
1621+
1622+
1623+
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1625+ SB1866 Enrolled - 46 - LRB103 26535 AMQ 52898 b
1626+
1627+
1628+SB1866 Enrolled- 47 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 47 - LRB103 26535 AMQ 52898 b
1629+ SB1866 Enrolled - 47 - LRB103 26535 AMQ 52898 b
1630+1 on the application for licensure as an education provider.
1631+2 (3) Committing an act or omission involving
1632+3 dishonesty, fraud, or misrepresentation or allowing any
1633+4 such act or omission by any employee or contractor under
1634+5 the control of the education provider.
1635+6 (4) Engaging in misleading or untruthful advertising.
1636+7 (5) Failing to retain competent instructors in
1637+8 accordance with rules adopted under this Act.
1638+9 (6) Failing to meet the topic or time requirements for
1639+10 course approval as the provider of a pre-license
1640+11 curriculum course or a continuing education course.
1641+12 (7) Failing to administer an approved course using the
1642+13 course materials, syllabus, and examinations submitted as
1643+14 the basis of the course approval.
1644+15 (8) Failing to provide an appropriate classroom
1645+16 environment for presentation of courses, with
1646+17 consideration for student comfort, acoustics, lighting,
1647+18 seating, workspace, and visual aid material.
1648+19 (9) Failing to maintain student records in compliance
1649+20 with the rules adopted under this Act.
1650+21 (10) Failing to provide a certificate, transcript, or
1651+22 other student record to the Department or to a student as
1652+23 may be required by rule.
1653+24 (11) Failing to fully cooperate with a Department
1654+25 investigation by knowingly making a false statement,
1655+26 submitting false or misleading information, or refusing to
1656+
1657+
1658+
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1666+1 provide complete information in response to written
1667+2 interrogatories or a written request for documentation
1668+3 within 30 days of the request.
1669+4 (c) (Blank).
1670+5 (d) The Department may refuse to issue or may suspend
1671+6 without hearing, as provided for in the Code of Civil
1672+7 Procedure, the license of any person who fails to file a tax
1673+8 return, to pay the tax, penalty, or interest shown in a filed
1674+9 tax return, or to pay any final assessment of tax, penalty, or
1675+10 interest, as required by any tax Act administered by the
1676+11 Illinois Department of Revenue, until such time as the
1677+12 requirements of the tax Act are satisfied in accordance with
1678+13 subsection (g) of Section 2105-15 of the Civil Administrative
1679+14 Code of Illinois.
1680+15 (e) (Blank).
1681+16 (f) In cases where the Department of Healthcare and Family
1682+17 Services has previously determined that a licensee or a
1683+18 potential licensee is more than 30 days delinquent in the
1684+19 payment of child support and has subsequently certified the
1685+20 delinquency to the Department, the Department may refuse to
1686+21 issue or renew or may revoke or suspend that person's license
1687+22 or may take other disciplinary action against that person
1688+23 based solely upon the certification of delinquency made by the
1689+24 Department of Healthcare and Family Services in accordance
1690+25 with item (5) of subsection (a) of Section 2105-15 of the Civil
1691+26 Administrative Code of Illinois.
1692+
1693+
1694+
1695+
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1701+ SB1866 Enrolled - 49 - LRB103 26535 AMQ 52898 b
1702+1 (g) The determination by a circuit court that a licensee
1703+2 is subject to involuntary admission or judicial admission, as
1704+3 provided in the Mental Health and Developmental Disabilities
1705+4 Code, operates as an automatic suspension. The suspension will
1706+5 end only upon a finding by a court that the patient is no
1707+6 longer subject to involuntary admission or judicial admission
1708+7 and the issuance of a court order so finding and discharging
1709+8 the patient.
1710+9 (h) (Blank).
1711+10 (Source: P.A. 102-20, eff. 1-1-22.)
1712+11 (225 ILCS 441/15-11)
1713+12 (Section scheduled to be repealed on January 1, 2027)
1714+13 Sec. 15-11. Illegal discrimination. When there has been an
1715+14 adjudication in a civil or criminal proceeding that a licensee
1716+15 has illegally discriminated while engaged in any activity for
1717+16 which a license is required under this Act, the Department,
1718+17 upon the determination by recommendation of the Secretary
1719+18 Board as to the extent of the suspension or revocation, shall
1720+19 suspend or revoke the license of that licensee in a timely
1721+20 manner, unless the adjudication is in the appeal process. When
1722+21 there has been an order in an administrative proceeding
1723+22 finding that a licensee has illegally discriminated while
1724+23 engaged in any activity for which a license is required under
1725+24 this Act, the Department, upon the determination by
1726+25 recommendation of the Secretary Board as to the nature and
1727+
1728+
1729+
1730+
1731+
1732+ SB1866 Enrolled - 49 - LRB103 26535 AMQ 52898 b
1733+
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1736+ SB1866 Enrolled - 50 - LRB103 26535 AMQ 52898 b
1737+1 extent of the discipline, shall take one or more of the
1738+2 disciplinary actions provided for in Section 15-10 of this Act
1739+3 in a timely manner, unless the administrative order is in the
1740+4 appeal process.
1741+5 (Source: P.A. 102-970, eff. 5-27-22.)
1742+6 (225 ILCS 441/15-15)
1743+7 (Section scheduled to be repealed on January 1, 2027)
1744+8 Sec. 15-15. Investigation; notice; hearing. The Department
1745+9 may investigate the actions of any person who is an applicant,
1746+10 or licensee, or of any person or persons rendering or offering
1747+11 to render home inspection services, or any person holding or
1748+12 claiming to hold a license as a home inspector. The Department
1749+13 shall, before refusing to issue or renew a license or to
1750+14 discipline a person licensee pursuant to Section 15-10, at
1751+15 least 30 days prior to the date set for the hearing, (i) notify
1752+16 the person charged accused in writing and the person's
1753+17 managing licensed home inspector, if any, of the charges made
1754+18 and the time and place for the hearing on the charges, (ii)
1755+19 direct the person licensee or applicant to file a written
1756+20 answer with the Department under oath within 20 days after the
1757+21 service of the notice, and (iii) inform the person applicant
1758+22 or licensee that failure to file an answer will result in a
1759+23 default judgment being entered against the person applicant or
1760+24 licensee. At the time and place fixed in the notice, the
1761+25 Department shall proceed to hear the charges and the parties
1762+
1763+
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1771+ SB1866 Enrolled - 51 - LRB103 26535 AMQ 52898 b
1772+1 of their counsel shall be accorded ample opportunity to
1773+2 present any pertinent statements, testimony, evidence, and
1774+3 arguments. The Department may continue the hearing from time
1775+4 to time. In case the person, after receiving the notice, fails
1776+5 to file an answer, the license, may, in the discretion of the
1777+6 Department, be revoked, suspended, placed on probationary
1778+7 status, or the Department may take whatever disciplinary
1779+8 actions considered proper, including limiting the scope,
1780+9 nature, or extent of the person's practice or the imposition
1781+10 of a fine, without a hearing, if the act or acts charged
1782+11 constitute sufficient grounds for that action under the Act.
1783+12 The notice may be served by personal delivery, by mail, or, at
1784+13 the discretion of the Department, by electronic means to the
1785+14 address of record or email address of record specified by the
1786+15 person accused as last updated with the Department.
1787+16 A copy of the hearing officer's report or any Order of
1788+17 Default, along with a copy of the original complaint giving
1789+18 rise to the action, shall be served upon the applicant,
1790+19 licensee, or unlicensed person by the Department to the
1791+20 applicant, licensee, or unlicensed individual in the manner
1792+21 provided in this Act for the service of a notice of hearing.
1793+22 Within 20 days after service, the person applicant or licensee
1794+23 may present to the Department a motion in writing for a
1795+24 rehearing, which shall specify the particular grounds for
1796+25 rehearing. If the person orders from the reporting service and
1797+26 pays for a transcript of the record within the time for filing
1798+
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1808+1 a motion for rehearing, then the 20-day period during which a
1809+2 motion may be filed shall commence upon the delivery of the
1810+3 transcript to the applicant or licensee. The Department may
1811+4 respond to the motion, or if a motion for rehearing is denied,
1812+5 then upon denial, the Secretary may enter an order in
1813+6 accordance with the recommendations of the hearing officer. A
1814+7 copy of the Department's final disciplinary order shall be
1815+8 delivered to the person and the person's managing home
1816+9 inspector, if any. If the applicant or licensee orders from
1817+10 the reporting service and pays for a transcript of the record
1818+11 within the time for filing a motion for rehearing, then the
1819+12 20-day period during which a motion may be filed shall
1820+13 commence upon the delivery of the transcript to the applicant
1821+14 or licensee.
1822+15 (Source: P.A. 102-20, eff. 1-1-22.)
1823+16 (225 ILCS 441/25-27)
1824+17 (Section scheduled to be repealed on January 1, 2027)
1825+18 Sec. 25-27. Subpoenas; depositions; oaths.
1826+19 (a) The Department may subpoena and bring before it any
1827+20 person to take oral or written testimony or compel the
1828+21 production of any books, papers, records, or any other
1829+22 documents the Secretary or the Secretary's designee deems
1830+23 relevant or material to any investigation or hearing conducted
1831+24 by the Department with the same fees and in the same manner as
1832+25 prescribed in civil cases in the courts of this State.
1833+
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1842+ SB1866 Enrolled - 53 - LRB103 26535 AMQ 52898 b
1843+1 (b) Any circuit court, upon the application of the
1844+2 licensee or the Department, may order the attendance and
1845+3 testimony of witnesses and the production of relevant
1846+4 documents, files, records, books, and papers in connection
1847+5 with any hearing or investigation. The circuit court may
1848+6 compel obedience to its order by proceedings for contempt.
1849+7 (c) The Secretary or the Secretary's designee, the hearing
1850+8 officer, any member of the Board, or a certified shorthand
1851+9 court reporter may administer oaths at any hearing the
1852+10 Department conducts. Notwithstanding any other statute or
1853+11 Department rule to the contrary, all requests for testimony,
1854+12 production of documents, or records shall be in accordance
1855+13 with this Act.
1856+14 (Source: P.A. 102-20, eff. 1-1-22.)
1857+15 Section 20. The Real Estate License Act of 2000 is amended
1858+16 by changing Sections 1-10, 5-6, 5-10, 5-20, 5-29, 5-50, 5-60,
1859+17 5-75, 10-25, 10-30, 20-20, 20-20.1, 20-22, 20-23, 20-25,
1860+18 20-60, 20-69, 20-72, 25-10, and 25-25 and by adding Section
1861+19 20-21.1 as follows:
1862+20 (225 ILCS 454/1-10)
1863+21 (Section scheduled to be repealed on January 1, 2030)
1864+22 Sec. 1-10. Definitions. In this Act, unless the context
1865+23 otherwise requires:
1866+24 "Act" means the Real Estate License Act of 2000.
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1877+1 "Address of record" means the designated address recorded
1878+2 by the Department in the applicant's or licensee's application
1879+3 file or license file as maintained by the Department.
1880+4 "Agency" means a relationship in which a broker or
1881+5 licensee, whether directly or through an affiliated licensee,
1882+6 represents a consumer by the consumer's consent, whether
1883+7 express or implied, in a real property transaction.
1884+8 "Applicant" means any person, as defined in this Section,
1885+9 who applies to the Department for a valid license as a managing
1886+10 broker, broker, or residential leasing agent.
1887+11 "Blind advertisement" means any real estate advertisement
1888+12 that is used by a licensee regarding the sale or lease of real
1889+13 estate, licensed activities, or the hiring of any licensee
1890+14 under this Act that does not include the sponsoring broker's
1891+15 complete business name or, in the case of electronic
1892+16 advertisements, does not provide a direct link to a display
1893+17 with all the required disclosures. The broker's business name
1894+18 in the case of a franchise shall include the franchise
1895+19 affiliation as well as the name of the individual firm.
1896+20 "Board" means the Real Estate Administration and
1897+21 Disciplinary Board of the Department as created by Section
1898+22 25-10 of this Act.
1899+23 "Broker" means an individual, entity, corporation, foreign
1900+24 or domestic partnership, limited liability company, registered
1901+25 limited liability partnership, or other business entity other
1902+26 than a residential leasing agent who, whether in person or
1903+
1904+
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1913+1 through any media or technology, for another and for
1914+2 compensation, or with the intention or expectation of
1915+3 receiving compensation, either directly or indirectly:
1916+4 (1) Sells, exchanges, purchases, rents, or leases real
1917+5 estate.
1918+6 (2) Offers to sell, exchange, purchase, rent, or lease
1919+7 real estate.
1920+8 (3) Negotiates, offers, attempts, or agrees to
1921+9 negotiate the sale, exchange, purchase, rental, or leasing
1922+10 of real estate.
1923+11 (4) Lists, offers, attempts, or agrees to list real
1924+12 estate for sale, rent, lease, or exchange.
1925+13 (5) Whether for another or themselves, engages in a
1926+14 pattern of business of buying, selling, offering to buy or
1927+15 sell, marketing for sale, exchanging, or otherwise dealing
1928+16 in contracts, including assignable contracts for the
1929+17 purchase or sale of, or options on real estate or
1930+18 improvements thereon. For purposes of this definition, an
1931+19 individual or entity will be found to have engaged in a
1932+20 pattern of business if the individual or entity by itself
1933+21 or with any combination of other individuals or entities,
1934+22 whether as partners or common owners in another entity,
1935+23 has engaged in one or more of these practices on 2 or more
1936+24 occasions in any 12-month period.
1937+25 (6) Supervises the collection, offer, attempt, or
1938+26 agreement to collect rent for the use of real estate.
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1949+1 (7) Advertises or represents oneself as being engaged
1950+2 in the business of buying, selling, exchanging, renting,
1951+3 or leasing real estate.
1952+4 (8) Assists or directs in procuring or referring of
1953+5 leads or prospects, intended to result in the sale,
1954+6 exchange, lease, or rental of real estate.
1955+7 (9) Assists or directs in the negotiation of any
1956+8 transaction intended to result in the sale, exchange,
1957+9 lease, or rental of real estate.
1958+10 (10) Opens real estate to the public for marketing
1959+11 purposes.
1960+12 (11) Sells, rents, leases, or offers for sale or lease
1961+13 real estate at auction.
1962+14 (12) Prepares or provides a broker price opinion or
1963+15 comparative market analysis as those terms are defined in
1964+16 this Act, pursuant to the provisions of Section 10-45 of
1965+17 this Act.
1966+18 "Brokerage agreement" means a written or oral agreement
1967+19 between a sponsoring broker and a consumer for licensed
1968+20 activities, or the performance of future licensed activities,
1969+21 to be provided to a consumer in return for compensation or the
1970+22 right to receive compensation from another. Brokerage
1971+23 agreements may constitute either a bilateral or a unilateral
1972+24 agreement between the broker and the broker's client depending
1973+25 upon the content of the brokerage agreement. All exclusive
1974+26 brokerage agreements shall be in writing.
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1985+1 "Broker price opinion" means an estimate or analysis of
1986+2 the probable selling price of a particular interest in real
1987+3 estate, which may provide a varying level of detail about the
1988+4 property's condition, market, and neighborhood and information
1989+5 on comparable sales. The activities of a real estate broker or
1990+6 managing broker engaging in the ordinary course of business as
1991+7 a broker, as defined in this Section, shall not be considered a
1992+8 broker price opinion if no compensation is paid to the broker
1993+9 or managing broker, other than compensation based upon the
1994+10 sale or rental of real estate. A broker price opinion shall not
1995+11 be considered an appraisal within the meaning of the Real
1996+12 Estate Appraiser Licensing Act of 2002, any amendment to that
1997+13 Act, or any successor Act.
1998+14 "Client" means a person who is being represented by a
1999+15 licensee.
2000+16 "Comparative market analysis" means an analysis or opinion
2001+17 regarding pricing, marketing, or financial aspects relating to
2002+18 a specified interest or interests in real estate that may be
2003+19 based upon an analysis of comparative market data, the
2004+20 expertise of the real estate broker or managing broker, and
2005+21 such other factors as the broker or managing broker may deem
2006+22 appropriate in developing or preparing such analysis or
2007+23 opinion. The activities of a real estate broker or managing
2008+24 broker engaging in the ordinary course of business as a
2009+25 broker, as defined in this Section, shall not be considered a
2010+26 comparative market analysis if no compensation is paid to the
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2021+1 broker or managing broker, other than compensation based upon
2022+2 the sale or rental of real estate. A comparative market
2023+3 analysis shall not be considered an appraisal within the
2024+4 meaning of the Real Estate Appraiser Licensing Act of 2002,
2025+5 any amendment to that Act, or any successor Act.
2026+6 "Compensation" means the valuable consideration given by
2027+7 one person or entity to another person or entity in exchange
2028+8 for the performance of some activity or service. Compensation
2029+9 shall include the transfer of valuable consideration,
2030+10 including without limitation the following:
2031+11 (1) commissions;
2032+12 (2) referral fees;
2033+13 (3) bonuses;
2034+14 (4) prizes;
2035+15 (5) merchandise;
2036+16 (6) finder fees;
2037+17 (7) performance of services;
2038+18 (8) coupons or gift certificates;
2039+19 (9) discounts;
2040+20 (10) rebates;
2041+21 (11) a chance to win a raffle, drawing, lottery, or
2042+22 similar game of chance not prohibited by any other law or
2043+23 statute;
2044+24 (12) retainer fee; or
2045+25 (13) salary.
2046+26 "Confidential information" means information obtained by a
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2057+1 licensee from a client during the term of a brokerage
2058+2 agreement that (i) was made confidential by the written
2059+3 request or written instruction of the client, (ii) deals with
2060+4 the negotiating position of the client, or (iii) is
2061+5 information the disclosure of which could materially harm the
2062+6 negotiating position of the client, unless at any time:
2063+7 (1) the client permits the disclosure of information
2064+8 given by that client by word or conduct;
2065+9 (2) the disclosure is required by law; or
2066+10 (3) the information becomes public from a source other
2067+11 than the licensee.
2068+12 "Confidential information" shall not be considered to
2069+13 include material information about the physical condition of
2070+14 the property.
2071+15 "Consumer" means a person or entity seeking or receiving
2072+16 licensed activities.
2073+17 "Coordinator" means the Coordinator of Real Estate created
2074+18 in Section 25-15 of this Act.
2075+19 "Credit hour" means 50 minutes of instruction in course
2076+20 work that meets the requirements set forth in rules adopted by
2077+21 the Department.
2078+22 "Customer" means a consumer who is not being represented
2079+23 by the licensee.
2080+24 "Department" means the Department of Financial and
2081+25 Professional Regulation.
2082+26 "Designated agency" means a contractual relationship
2083+
2084+
2085+
2086+
2087+
2088+ SB1866 Enrolled - 59 - LRB103 26535 AMQ 52898 b
2089+
2090+
2091+SB1866 Enrolled- 60 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 60 - LRB103 26535 AMQ 52898 b
2092+ SB1866 Enrolled - 60 - LRB103 26535 AMQ 52898 b
2093+1 between a sponsoring broker and a client under Section 15-50
2094+2 of this Act in which one or more licensees associated with or
2095+3 employed by the broker are designated as agent of the client.
2096+4 "Designated agent" means a sponsored licensee named by a
2097+5 sponsoring broker as the legal agent of a client, as provided
2098+6 for in Section 15-50 of this Act.
2099+7 "Designated managing broker" means a managing broker who
2100+8 has supervisory responsibilities for licensees in one or, in
2101+9 the case of a multi-office company, more than one office and
2102+10 who has been appointed as such by the sponsoring broker
2103+11 registered with the Department.
2104+12 "Director" means the Director of Real Estate within the
2105+13 Department of Financial and Professional Regulation.
2106+14 "Dual agency" means an agency relationship in which a
2107+15 licensee is representing both buyer and seller or both
2108+16 landlord and tenant in the same transaction. When the agency
2109+17 relationship is a designated agency, the question of whether
2110+18 there is a dual agency shall be determined by the agency
2111+19 relationships of the designated agent of the parties and not
2112+20 of the sponsoring broker.
2113+21 "Education provider" means a school licensed by the
2114+22 Department offering courses in pre-license, post-license, or
2115+23 continuing education required by this Act.
2116+24 "Employee" or other derivative of the word "employee",
2117+25 when used to refer to, describe, or delineate the relationship
2118+26 between a sponsoring broker and a managing broker, broker, or
2119+
2120+
2121+
2122+
2123+
2124+ SB1866 Enrolled - 60 - LRB103 26535 AMQ 52898 b
2125+
2126+
2127+SB1866 Enrolled- 61 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 61 - LRB103 26535 AMQ 52898 b
2128+ SB1866 Enrolled - 61 - LRB103 26535 AMQ 52898 b
2129+1 a residential leasing agent, shall be construed to include an
2130+2 independent contractor relationship, provided that a written
2131+3 agreement exists that clearly establishes and states the
2132+4 relationship.
2133+5 "Escrow moneys" means all moneys, promissory notes, or any
2134+6 other type or manner of legal tender or financial
2135+7 consideration deposited with any person for the benefit of the
2136+8 parties to the transaction. A transaction exists once an
2137+9 agreement has been reached and an accepted real estate
2138+10 contract signed or lease agreed to by the parties. "Escrow
2139+11 moneys" includes, without limitation, earnest moneys and
2140+12 security deposits, except those security deposits in which the
2141+13 person holding the security deposit is also the sole owner of
2142+14 the property being leased and for which the security deposit
2143+15 is being held.
2144+16 "Electronic means of proctoring" means a methodology
2145+17 providing assurance that the person taking a test and
2146+18 completing the answers to questions is the person seeking
2147+19 licensure or credit for continuing education and is doing so
2148+20 without the aid of a third party or other device.
2149+21 "Exclusive brokerage agreement" means a written brokerage
2150+22 agreement that provides that the sponsoring broker has the
2151+23 sole right, through one or more sponsored licensees, to act as
2152+24 the exclusive agent or representative of the client and that
2153+25 meets the requirements of Section 15-75 of this Act.
2154+26 "Inactive" means a status of licensure where the licensee
2155+
2156+
2157+
2158+
2159+
2160+ SB1866 Enrolled - 61 - LRB103 26535 AMQ 52898 b
2161+
2162+
2163+SB1866 Enrolled- 62 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 62 - LRB103 26535 AMQ 52898 b
2164+ SB1866 Enrolled - 62 - LRB103 26535 AMQ 52898 b
2165+1 holds a current license under this Act, but the licensee is
2166+2 prohibited from engaging in licensed activities because the
2167+3 licensee is unsponsored or the license of the sponsoring
2168+4 broker with whom the licensee is associated or by whom the
2169+5 licensee is employed is currently expired, revoked, suspended,
2170+6 or otherwise rendered invalid under this Act. The license of
2171+7 any business entity that is not in good standing with the
2172+8 Illinois Secretary of State, or is not authorized to conduct
2173+9 business in Illinois, shall immediately become inactive and
2174+10 that entity shall be prohibited from engaging in any licensed
2175+11 activities.
2176+12 "Leads" means the name or names of a potential buyer,
2177+13 seller, lessor, lessee, or client of a licensee.
2178+14 "License" means the privilege conferred by the Department
2179+15 to a person that has fulfilled all requirements prerequisite
2180+16 to any type of licensure under this Act.
2181+17 "Licensed activities" means those activities listed in the
2182+18 definition of "broker" under this Section.
2183+19 "Licensee" means any person licensed under this Act.
2184+20 "Listing presentation" means any communication, written or
2185+21 oral and by any means or media, between a managing broker or
2186+22 broker and a consumer in which the licensee is attempting to
2187+23 secure a brokerage agreement with the consumer to market the
2188+24 consumer's real estate for sale or lease.
2189+25 "Managing broker" means a licensee who may be authorized
2190+26 to assume responsibilities as a designated managing broker for
2191+
2192+
2193+
2194+
2195+
2196+ SB1866 Enrolled - 62 - LRB103 26535 AMQ 52898 b
2197+
2198+
2199+SB1866 Enrolled- 63 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 63 - LRB103 26535 AMQ 52898 b
2200+ SB1866 Enrolled - 63 - LRB103 26535 AMQ 52898 b
2201+1 licensees in one or, in the case of a multi-office company,
2202+2 more than one office, upon appointment by the sponsoring
2203+3 broker and registration with the Department. A managing broker
2204+4 may act as one's own sponsor.
2205+5 "Medium of advertising" means any method of communication
2206+6 intended to influence the general public to use or purchase a
2207+7 particular good or service or real estate, including, but not
2208+8 limited to, print, electronic, social media, and digital
2209+9 forums.
2210+10 "Office" means a broker's place of business where the
2211+11 general public is invited to transact business and where
2212+12 records may be maintained and licenses readily available,
2213+13 whether or not it is the broker's principal place of business.
2214+14 "Person" means and includes individuals, entities,
2215+15 corporations, limited liability companies, registered limited
2216+16 liability partnerships, foreign and domestic partnerships, and
2217+17 other business entities, except that when the context
2218+18 otherwise requires, the term may refer to a single individual
2219+19 or other described entity.
2220+20 "Proctor" means any person, including, but not limited to,
2221+21 an instructor, who has a written agreement to administer
2222+22 examinations fairly and impartially with a licensed education
2223+23 provider.
2224+24 "Real estate" means and includes leaseholds as well as any
2225+25 other interest or estate in land, whether corporeal,
2226+26 incorporeal, freehold, or non-freehold and whether the real
2227+
2228+
2229+
2230+
2231+
2232+ SB1866 Enrolled - 63 - LRB103 26535 AMQ 52898 b
2233+
2234+
2235+SB1866 Enrolled- 64 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 64 - LRB103 26535 AMQ 52898 b
2236+ SB1866 Enrolled - 64 - LRB103 26535 AMQ 52898 b
2237+1 estate is situated in this State or elsewhere. "Real estate"
2238+2 does not include property sold, exchanged, or leased as a
2239+3 timeshare or similar vacation item or interest, vacation club
2240+4 membership, or other activity formerly regulated under the
2241+5 Real Estate Timeshare Act of 1999 (repealed).
2242+6 "Regular employee" means a person working an average of 20
2243+7 hours per week for a person or entity who would be considered
2244+8 as an employee under the Internal Revenue Service rules for
2245+9 classifying workers.
2246+10 "Renewal period" means the period beginning 90 days prior
2247+11 to the expiration date of a license.
2248+12 "Residential leasing agent" means a person who is employed
2249+13 by a broker to engage in licensed activities limited to
2250+14 leasing residential real estate who has obtained a license as
2251+15 provided for in Section 5-5 of this Act.
2252+16 "Secretary" means the Secretary of the Department of
2253+17 Financial and Professional Regulation, or a person authorized
2254+18 by the Secretary to act in the Secretary's stead.
2255+19 "Sponsoring broker" means the broker who certifies to the
2256+20 Department the broker's his, her, or its sponsorship of a
2257+21 licensed managing broker, broker, or a residential leasing
2258+22 agent.
2259+23 "Sponsorship" means that a sponsoring broker has certified
2260+24 to the Department that a managing broker, broker, or
2261+25 residential leasing agent is employed by or associated by
2262+26 written agreement with the sponsoring broker and the
2263+
2264+
2265+
2266+
2267+
2268+ SB1866 Enrolled - 64 - LRB103 26535 AMQ 52898 b
2269+
2270+
2271+SB1866 Enrolled- 65 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 65 - LRB103 26535 AMQ 52898 b
2272+ SB1866 Enrolled - 65 - LRB103 26535 AMQ 52898 b
2273+1 Department has registered the sponsorship, as provided for in
2274+2 Section 5-40 of this Act.
2275+3 "Team" means any 2 or more licensees who work together to
2276+4 provide real estate brokerage services, represent themselves
2277+5 to the public as being part of a team or group, are identified
2278+6 by a team name that is different than their sponsoring
2279+7 broker's name, and together are supervised by the same
2280+8 managing broker and sponsored by the same sponsoring broker.
2281+9 "Team" does not mean a separately organized, incorporated, or
2282+10 legal entity.
2283+11 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
2284+12 (225 ILCS 454/5-6)
2285+13 (Section scheduled to be repealed on January 1, 2030)
2286+14 Sec. 5-6. Social Security Number or Individual Taxpayer
2287+15 Tax Identification Number on license application. In addition
2288+16 to any other information required to be contained in the
2289+17 application, every application for an original license under
2290+18 this Act shall include the applicant's Social Security Number
2291+19 or Tax Identification Number, which shall be retained in the
2292+20 agency's records pertaining to the license. An applicant may
2293+21 provide an Individual Taxpayer Identification Number as an
2294+22 alternative to providing a Social Security Number when
2295+23 applying for a license. As soon as practical, the Department
2296+24 shall assign a separate and distinct identification number to
2297+25 each applicant for a license.
2298+
2299+
2300+
2301+
2302+
2303+ SB1866 Enrolled - 65 - LRB103 26535 AMQ 52898 b
2304+
2305+
2306+SB1866 Enrolled- 66 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 66 - LRB103 26535 AMQ 52898 b
2307+ SB1866 Enrolled - 66 - LRB103 26535 AMQ 52898 b
2308+1 Every application for a renewal or restored license shall
2309+2 require the applicant's identification number.
2310+3 (Source: P.A. 101-357, eff. 8-9-19.)
2311+4 (225 ILCS 454/5-10)
2312+5 (Section scheduled to be repealed on January 1, 2030)
2313+6 Sec. 5-10. Requirements for license as a residential
2314+7 leasing agent; continuing education.
2315+8 (a) Every applicant for licensure as a residential leasing
2316+9 agent must meet the following qualifications:
2317+10 (1) be at least 18 years of age;
2318+11 (2) be of good moral character;
2319+12 (3) successfully complete a 4-year course of study in
2320+13 a high school or secondary school or an equivalent course
2321+14 of study approved by the state in which the school is
2322+15 located, or possess a State of Illinois High School
2323+16 Diploma, which shall be verified under oath by the
2324+17 applicant;
2325+18 (4) personally take and pass a written examination
2326+19 authorized by the Department sufficient to demonstrate the
2327+20 applicant's knowledge of the provisions of this Act
2328+21 relating to residential leasing agents and the applicant's
2329+22 competence to engage in the activities of a licensed
2330+23 residential leasing agent;
2331+24 (5) provide satisfactory evidence of having completed
2332+25 15 hours of instruction in an approved course of study
2333+
2334+
2335+
2336+
2337+
2338+ SB1866 Enrolled - 66 - LRB103 26535 AMQ 52898 b
2339+
2340+
2341+SB1866 Enrolled- 67 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 67 - LRB103 26535 AMQ 52898 b
2342+ SB1866 Enrolled - 67 - LRB103 26535 AMQ 52898 b
2343+1 relating to the leasing of residential real property. The
2344+2 Board may recommend to the Department the number of hours
2345+3 each topic of study shall require. The course of study
2346+4 shall, among other topics, cover the provisions of this
2347+5 Act applicable to residential leasing agents; fair housing
2348+6 and human rights issues relating to residential leasing;
2349+7 advertising and marketing issues; leases, applications,
2350+8 and credit and criminal background reports; owner-tenant
2351+9 relationships and owner-tenant laws; the handling of
2352+10 funds; and environmental issues relating to residential
2353+11 real property;
2354+12 (6) complete any other requirements as set forth by
2355+13 rule; and
2356+14 (7) present a valid application for issuance of an
2357+15 initial license accompanied by fees specified by rule.
2358+16 (b) No applicant shall engage in any of the activities
2359+17 covered by this Act without a valid license and until a valid
2360+18 sponsorship has been registered with the Department.
2361+19 (c) Successfully completed course work, completed pursuant
2362+20 to the requirements of this Section, may be applied to the
2363+21 course work requirements to obtain a managing broker's or
2364+22 broker's license as provided by rule. The Board may recommend
2365+23 to the Department and the Department may adopt requirements
2366+24 for approved courses, course content, and the approval of
2367+25 courses, instructors, and education providers, as well as
2368+26 education provider and instructor fees. The Department may
2369+
2370+
2371+
2372+
2373+
2374+ SB1866 Enrolled - 67 - LRB103 26535 AMQ 52898 b
2375+
2376+
2377+SB1866 Enrolled- 68 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 68 - LRB103 26535 AMQ 52898 b
2378+ SB1866 Enrolled - 68 - LRB103 26535 AMQ 52898 b
2379+1 establish continuing education requirements for residential
2380+2 licensed leasing agents, by rule, consistent with the language
2381+3 and intent of this Act, with the advice of the Board.
2382+4 (d) The continuing education requirement for residential
2383+5 leasing agents shall consist of a single core curriculum to be
2384+6 prescribed by the Department as recommended by the Board.
2385+7 Leasing agents shall be required to complete no less than 8
2386+8 hours of continuing education in the core curriculum during
2387+9 the current term of the license. The curriculum shall, at a
2388+10 minimum, consist of a single course or courses on the subjects
2389+11 of fair housing and human rights issues related to residential
2390+12 leasing, advertising and marketing issues, leases,
2391+13 applications, credit reports, and criminal history, the
2392+14 handling of funds, owner-tenant relationships and owner-tenant
2393+15 laws, and environmental issues relating to residential real
2394+16 estate.
2395+17 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22;
2396+18 102-1100, eff. 1-1-23; revised 12-14-22.)
2397+19 (225 ILCS 454/5-20)
2398+20 (Section scheduled to be repealed on January 1, 2030)
2399+21 Sec. 5-20. Exemptions from managing broker, broker, or
2400+22 residential leasing agent license requirement; Department
2401+23 exemption from education provider and related licenses. The
2402+24 requirement for holding a license under this Article 5 shall
2403+25 not apply to:
2404+
2405+
2406+
2407+
2408+
2409+ SB1866 Enrolled - 68 - LRB103 26535 AMQ 52898 b
2410+
2411+
2412+SB1866 Enrolled- 69 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 69 - LRB103 26535 AMQ 52898 b
2413+ SB1866 Enrolled - 69 - LRB103 26535 AMQ 52898 b
2414+1 (1) Any person, as defined in Section 1-10, that as
2415+2 owner or lessor performs any of the acts described in the
2416+3 definition of "broker" under Section 1-10 of this Act with
2417+4 reference to property owned or leased by it, or to the
2418+5 regular employees thereof with respect to the property so
2419+6 owned or leased, where such acts are performed in the
2420+7 regular course of or as an incident to the management,
2421+8 sale, or other disposition of such property and the
2422+9 investment therein, if such regular employees do not
2423+10 perform any of the acts described in the definition of
2424+11 "broker" under Section 1-10 of this Act in connection with
2425+12 a vocation of selling or leasing any real estate or the
2426+13 improvements thereon not so owned or leased.
2427+14 (2) An attorney in fact acting under a duly executed
2428+15 and recorded power of attorney to convey real estate from
2429+16 the owner or lessor or the services rendered by an
2430+17 attorney at law in the performance of the attorney's duty
2431+18 as an attorney at law.
2432+19 (3) Any person acting as receiver, trustee in
2433+20 bankruptcy, administrator, executor, or guardian or while
2434+21 acting under a court order or under the authority of a will
2435+22 or testamentary trust.
2436+23 (4) Any person acting as a resident manager for the
2437+24 owner or any employee acting as the resident manager for a
2438+25 broker managing an apartment building, duplex, or
2439+26 apartment complex, when the resident manager resides on
2440+
2441+
2442+
2443+
2444+
2445+ SB1866 Enrolled - 69 - LRB103 26535 AMQ 52898 b
2446+
2447+
2448+SB1866 Enrolled- 70 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 70 - LRB103 26535 AMQ 52898 b
2449+ SB1866 Enrolled - 70 - LRB103 26535 AMQ 52898 b
2450+1 the premises, the premises is the his or her primary
2451+2 residence of the resident manager, and the resident
2452+3 manager is engaged in the leasing of that the property of
2453+4 which he or she is the resident manager.
2454+5 (5) Any officer or employee of a federal agency in the
2455+6 conduct of official duties.
2456+7 (6) Any officer or employee of the State government or
2457+8 any political subdivision thereof performing official
2458+9 duties.
2459+10 (7) Any multiple listing service or other similar
2460+11 information exchange that is engaged in the collection and
2461+12 dissemination of information concerning real estate
2462+13 available for sale, purchase, lease, or exchange for the
2463+14 purpose of providing licensees with a system by which
2464+15 licensees may cooperatively share information along with
2465+16 which no other licensed activities, as defined in Section
2466+17 1-10 of this Act, are provided.
2467+18 (8) Railroads and other public utilities regulated by
2468+19 the State of Illinois, or the officers or full-time
2469+20 employees thereof, unless the performance of any licensed
2470+21 activities is in connection with the sale, purchase,
2471+22 lease, or other disposition of real estate or investment
2472+23 therein that does not require the approval of the
2473+24 appropriate State regulatory authority.
2474+25 (9) Any medium of advertising in the routine course of
2475+26 selling or publishing advertising along with which no
2476+
2477+
2478+
2479+
2480+
2481+ SB1866 Enrolled - 70 - LRB103 26535 AMQ 52898 b
2482+
2483+
2484+SB1866 Enrolled- 71 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 71 - LRB103 26535 AMQ 52898 b
2485+ SB1866 Enrolled - 71 - LRB103 26535 AMQ 52898 b
2486+1 other licensed activities, as defined in Section 1-10 of
2487+2 this Act, are provided.
2488+3 (10) Any resident lessee of a residential dwelling
2489+4 unit who refers for compensation to the owner of the
2490+5 dwelling unit, or to the owner's agent, prospective
2491+6 lessees of dwelling units in the same building or complex
2492+7 as the resident lessee's unit, but only if the resident
2493+8 lessee (i) refers no more than 3 prospective lessees in
2494+9 any 12-month period, (ii) receives compensation of no more
2495+10 than $5,000 or the equivalent of 2 months' rent, whichever
2496+11 is less, in any 12-month period, and (iii) limits his or
2497+12 her activities to referring prospective lessees to the
2498+13 owner, or the owner's agent, and does not show a
2499+14 residential dwelling unit to a prospective lessee, discuss
2500+15 terms or conditions of leasing a dwelling unit with a
2501+16 prospective lessee, or otherwise participate in the
2502+17 negotiation of the leasing of a dwelling unit.
2503+18 (11) The purchase, sale, or transfer of a timeshare or
2504+19 similar vacation item or interest, vacation club
2505+20 membership, or other activity formerly regulated under the
2506+21 Real Estate Timeshare Act of 1999 (repealed).
2507+22 (12) (Blank).
2508+23 (13) Any person who is licensed without examination
2509+24 under Section 10-25 (now repealed) of the Auction License
2510+25 Act is exempt from holding a managing broker's or broker's
2511+26 license under this Act for the limited purpose of selling
2512+
2513+
2514+
2515+
2516+
2517+ SB1866 Enrolled - 71 - LRB103 26535 AMQ 52898 b
2518+
2519+
2520+SB1866 Enrolled- 72 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 72 - LRB103 26535 AMQ 52898 b
2521+ SB1866 Enrolled - 72 - LRB103 26535 AMQ 52898 b
2522+1 or leasing real estate at auction, so long as:
2523+2 (A) that person has made application for said
2524+3 exemption by July 1, 2000;
2525+4 (B) that person verifies to the Department that
2526+5 the person he or she has sold real estate at auction
2527+6 for a period of 5 years prior to licensure as an
2528+7 auctioneer;
2529+8 (C) the person has had no lapse in the licensure
2530+9 his or her license as an auctioneer; and
2531+10 (D) the license issued under the Auction License
2532+11 Act has not been disciplined for violation of those
2533+12 provisions of Article 20 of the Auction License Act
2534+13 dealing with or related to the sale or lease of real
2535+14 estate at auction.
2536+15 (14) A person who holds a valid license under the
2537+16 Auction License Act and a valid real estate auction
2538+17 certification and conducts auctions for the sale of real
2539+18 estate under Section 5-32 of this Act.
2540+19 (15) A hotel operator who is registered with the
2541+20 Illinois Department of Revenue and pays taxes under the
2542+21 Hotel Operators' Occupation Tax Act and rents a room or
2543+22 rooms in a hotel as defined in the Hotel Operators'
2544+23 Occupation Tax Act for a period of not more than 30
2545+24 consecutive days and not more than 60 days in a calendar
2546+25 year or a person who participates in an online marketplace
2547+26 enabling persons to rent out all or part of the person's
2548+
2549+
2550+
2551+
2552+
2553+ SB1866 Enrolled - 72 - LRB103 26535 AMQ 52898 b
2554+
2555+
2556+SB1866 Enrolled- 73 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 73 - LRB103 26535 AMQ 52898 b
2557+ SB1866 Enrolled - 73 - LRB103 26535 AMQ 52898 b
2558+1 owned residence.
2559+2 (16) Notwithstanding any provisions to the contrary,
2560+3 the Department and its employees shall be exempt from
2561+4 education, course provider, instructor, and course license
2562+5 requirements and fees while acting in an official capacity
2563+6 on behalf of the Department. Courses offered by the
2564+7 Department shall be eligible for continuing education
2565+8 credit.
2566+9 (Source: P.A. 100-534, eff. 9-22-17; 100-831, eff. 1-1-19;
2567+10 101-357, eff. 8-9-19.)
2568+11 (225 ILCS 454/5-29)
2569+12 (Section scheduled to be repealed on January 1, 2030)
2570+13 Sec. 5-29. Temporary practice as a designated managing
2571+14 broker. Upon the loss of a designated managing broker who is
2572+15 not replaced by the sponsoring broker or in the event of the
2573+16 death or adjudicated disability of a self-sponsored managing
2574+17 broker the sole proprietor of an office, a written request for
2575+18 authorization allowing the continued operation of the office
2576+19 may be submitted to the Department within 15 days of the loss.
2577+20 The Department may issue a written authorization allowing the
2578+21 continued operation, provided that a licensed managing broker
2579+22 or, in the case of the death or adjudicated disability of a
2580+23 self-sponsored managing broker sole proprietor, the
2581+24 representative of the estate, assumes responsibility, in
2582+25 writing, for the operation of the office and agrees to
2583+
2584+
2585+
2586+
2587+
2588+ SB1866 Enrolled - 73 - LRB103 26535 AMQ 52898 b
2589+
2590+
2591+SB1866 Enrolled- 74 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 74 - LRB103 26535 AMQ 52898 b
2592+ SB1866 Enrolled - 74 - LRB103 26535 AMQ 52898 b
2593+1 personally supervise the operation of the office. No such
2594+2 written authorization shall be valid for more than 60 days
2595+3 unless extended by the Department for good cause shown and
2596+4 upon written request by the broker or representative.
2597+5 (Source: P.A. 101-357, eff. 8-9-19.)
2598+6 (225 ILCS 454/5-50)
2599+7 (Section scheduled to be repealed on January 1, 2030)
2600+8 Sec. 5-50. Expiration and renewal of managing broker,
2601+9 broker, or residential leasing agent license; sponsoring
2602+10 broker; register of licensees.
2603+11 (a) The expiration date and renewal period for each
2604+12 license issued under this Act shall be set by rule. Except as
2605+13 otherwise provided in this Section, the holder of a license
2606+14 may renew the license within 90 days preceding the expiration
2607+15 date thereof by completing the continuing education required
2608+16 by this Act and paying the fees specified by rule.
2609+17 (b) An individual whose first license is that of a broker
2610+18 received on or after the effective date of this amendatory Act
2611+19 of the 101st General Assembly, must provide evidence of having
2612+20 completed 45 hours of post-license education presented in a
2613+21 classroom or a live, interactive webinar, or online distance
2614+22 education course, and which shall require passage of a final
2615+23 examination.
2616+24 The Board may recommend, and the Department shall approve,
2617+25 45 hours of post-license education, consisting of three
2618+
2619+
2620+
2621+
2622+
2623+ SB1866 Enrolled - 74 - LRB103 26535 AMQ 52898 b
2624+
2625+
2626+SB1866 Enrolled- 75 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 75 - LRB103 26535 AMQ 52898 b
2627+ SB1866 Enrolled - 75 - LRB103 26535 AMQ 52898 b
2628+1 15-hour post-license courses, one each that covers applied
2629+2 brokerage principles, risk management/discipline, and
2630+3 transactional issues. Each of the courses shall require its
2631+4 own 50-question final examination, which shall be administered
2632+5 by the education provider that delivers the course.
2633+6 Individuals whose first license is that of a broker
2634+7 received on or after the effective date of this amendatory Act
2635+8 of the 101st General Assembly, must complete all three 15-hour
2636+9 courses and successfully pass a course final examination for
2637+10 each course prior to the date of the next broker renewal
2638+11 deadline, except for those individuals who receive their first
2639+12 license within the 180 days preceding the next broker renewal
2640+13 deadline, who must complete all three 15-hour courses and
2641+14 successfully pass a course final examination for each course
2642+15 prior to the second broker renewal deadline that follows the
2643+16 receipt of their license.
2644+17 (c) Any managing broker, broker, or residential leasing
2645+18 agent whose license under this Act has expired shall be
2646+19 eligible to renew the license during the 2-year period
2647+20 following the expiration date, provided the managing broker,
2648+21 broker, or residential leasing agent pays the fees as
2649+22 prescribed by rule and completes continuing education and
2650+23 other requirements provided for by the Act or by rule. A
2651+24 managing broker, broker, or residential leasing agent whose
2652+25 license has been expired for more than 2 years but less than 5
2653+26 years may have it restored by (i) applying to the Department,
2654+
2655+
2656+
2657+
2658+
2659+ SB1866 Enrolled - 75 - LRB103 26535 AMQ 52898 b
2660+
2661+
2662+SB1866 Enrolled- 76 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 76 - LRB103 26535 AMQ 52898 b
2663+ SB1866 Enrolled - 76 - LRB103 26535 AMQ 52898 b
2664+1 (ii) paying the required fee, (iii) completing the continuing
2665+2 education requirements for the most recent term of licensure
2666+3 that ended prior to the date of the application for
2667+4 reinstatement, and (iv) filing acceptable proof of fitness to
2668+5 have the license restored, as set by rule. A managing broker,
2669+6 broker, or residential leasing agent whose license has been
2670+7 expired for more than 5 years shall be required to meet the
2671+8 requirements for a new license.
2672+9 (d) Notwithstanding any other provisions of this Act to
2673+10 the contrary, any managing broker, broker, or residential
2674+11 leasing agent whose license expired while the licensee was (i)
2675+12 on active duty with the Armed Forces of the United States or
2676+13 called into service or training by the state militia, (ii)
2677+14 engaged in training or education under the supervision of the
2678+15 United States preliminary to induction into military service,
2679+16 or (iii) serving as the Coordinator of Real Estate in the State
2680+17 of Illinois or as an employee of the Department may have the
2681+18 license renewed, reinstated or restored without paying any
2682+19 lapsed renewal fees, and without completing the continuing
2683+20 education requirements for that licensure period if within 2
2684+21 years after the termination of the service, training or
2685+22 education the licensee furnishes by furnishing the Department
2686+23 with satisfactory evidence of service, training, or education
2687+24 and termination it has been terminated under honorable
2688+25 conditions.
2689+26 (e) Each licensee shall carry on one's person the license
2690+
2691+
2692+
2693+
2694+
2695+ SB1866 Enrolled - 76 - LRB103 26535 AMQ 52898 b
2696+
2697+
2698+SB1866 Enrolled- 77 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 77 - LRB103 26535 AMQ 52898 b
2699+ SB1866 Enrolled - 77 - LRB103 26535 AMQ 52898 b
2700+1 or an electronic version thereof.
2701+2 (f) The Department shall provide to the sponsoring broker
2702+3 a notice of renewal for all sponsored licensees by mailing the
2703+4 notice to the sponsoring broker's address of record, or, at
2704+5 the Department's discretion, emailing the notice to the
2705+6 sponsoring broker's email address of record.
2706+7 (g) Upon request from the sponsoring broker, the
2707+8 Department shall make available to the sponsoring broker, by
2708+9 electronic means at the discretion of the Department, a
2709+10 listing of licensees under this Act who, according to the
2710+11 records of the Department, are sponsored by that broker. Every
2711+12 licensee associated with or employed by a broker whose license
2712+13 is revoked, suspended, or expired shall be considered inactive
2713+14 until such time as the sponsoring broker's license is
2714+15 reinstated or renewed, or a new valid sponsorship is
2715+16 registered with the Department as set forth in subsection (b)
2716+17 of Section 5-40 of this Act.
2717+18 (h) The Department shall not issue or renew a license if
2718+19 the applicant or licensee has an unpaid fine or fee from a
2719+20 disciplinary matter or from a non-disciplinary action imposed
2720+21 by the Department until the fine or fee is paid to the
2721+22 Department or the applicant or licensee has entered into a
2722+23 payment plan and is current on the required payments.
2723+24 (i) The Department shall not issue or renew a license if
2724+25 the applicant or licensee has an unpaid fine or civil penalty
2725+26 imposed by the Department for unlicensed practice until the
2726+
2727+
2728+
2729+
2730+
2731+ SB1866 Enrolled - 77 - LRB103 26535 AMQ 52898 b
2732+
2733+
2734+SB1866 Enrolled- 78 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 78 - LRB103 26535 AMQ 52898 b
2735+ SB1866 Enrolled - 78 - LRB103 26535 AMQ 52898 b
2736+1 fine or civil penalty is paid to the Department or the
2737+2 applicant or licensee has entered into a payment plan and is
2738+3 current on the required payments.
2739+4 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
2740+5 (225 ILCS 454/5-60)
2741+6 (Section scheduled to be repealed on January 1, 2030)
2742+7 Sec. 5-60. Managing broker licensed in another state;
2743+8 broker licensed in another state; reciprocal agreements; agent
2744+9 for service of process.
2745+10 (a) A managing broker's license may be issued by the
2746+11 Department to a managing broker or its equivalent licensed
2747+12 under the laws of another state of the United States, under the
2748+13 following conditions:
2749+14 (1) the managing broker holds a managing broker's
2750+15 license in a state that has entered into a reciprocal
2751+16 agreement with the Department;
2752+17 (2) the standards for that state for licensing as a
2753+18 managing broker are substantially equal to or greater than
2754+19 the minimum standards in the State of Illinois;
2755+20 (3) the managing broker has been actively practicing
2756+21 as a managing broker in the managing broker's state of
2757+22 licensure for a period of not less than 2 years,
2758+23 immediately prior to the date of application;
2759+24 (4) the managing broker furnishes the Department with
2760+25 a statement under seal of the proper licensing authority
2761+
2762+
2763+
2764+
2765+
2766+ SB1866 Enrolled - 78 - LRB103 26535 AMQ 52898 b
2767+
2768+
2769+SB1866 Enrolled- 79 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 79 - LRB103 26535 AMQ 52898 b
2770+ SB1866 Enrolled - 79 - LRB103 26535 AMQ 52898 b
2771+1 of the state in which the managing broker is licensed
2772+2 showing that the managing broker has an active managing
2773+3 broker's license, that the managing broker is in good
2774+4 standing, and any disciplinary action taken that no
2775+5 complaints are pending against the managing broker in that
2776+6 state;
2777+7 (5) the managing broker passes a test on Illinois
2778+8 specific real estate brokerage laws; and
2779+9 (6) the managing broker was licensed by an examination
2780+10 in the state that has entered into a reciprocal agreement
2781+11 with the Department.
2782+12 (b) A broker's license may be issued by the Department to a
2783+13 broker or its equivalent licensed under the laws of another
2784+14 state of the United States, under the following conditions:
2785+15 (1) the broker holds a broker's license in a state
2786+16 that has entered into a reciprocal agreement with the
2787+17 Department;
2788+18 (2) the standards for that state for licensing as a
2789+19 broker are substantially equivalent to or greater than the
2790+20 minimum standards in the State of Illinois;
2791+21 (3) (blank);
2792+22 (4) the broker furnishes the Department with a
2793+23 statement under seal of the proper licensing authority of
2794+24 the state in which the broker is licensed showing that the
2795+25 broker has an active broker's license, that the broker is
2796+26 in good standing, and any disciplinary action taken that
2797+
2798+
2799+
2800+
2801+
2802+ SB1866 Enrolled - 79 - LRB103 26535 AMQ 52898 b
2803+
2804+
2805+SB1866 Enrolled- 80 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 80 - LRB103 26535 AMQ 52898 b
2806+ SB1866 Enrolled - 80 - LRB103 26535 AMQ 52898 b
2807+1 no complaints are pending against the broker in that
2808+2 state;
2809+3 (5) the broker passes a test on Illinois specific real
2810+4 estate brokerage laws; and
2811+5 (6) the broker was licensed by an examination in a
2812+6 state that has entered into a reciprocal agreement with
2813+7 the Department.
2814+8 (c) (Blank).
2815+9 (d) As a condition precedent to the issuance of a license
2816+10 to a managing broker or broker pursuant to this Section, the
2817+11 managing broker or broker shall agree in writing to abide by
2818+12 all the provisions of this Act with respect to his or her real
2819+13 estate activities within the State of Illinois and submit to
2820+14 the jurisdiction of the Department as provided in this Act.
2821+15 The agreement shall be filed with the Department and shall
2822+16 remain in force for so long as the managing broker or broker is
2823+17 licensed by this State and thereafter with respect to acts or
2824+18 omissions committed while licensed as a managing broker or
2825+19 broker in this State.
2826+20 (e) Prior to the issuance of any license to any managing
2827+21 broker or broker pursuant to this Section, verification of
2828+22 active licensure issued for the conduct of such business in
2829+23 any other state must be filed with the Department by the
2830+24 managing broker or broker, and the same fees must be paid as
2831+25 provided in this Act for the obtaining of a managing broker's
2832+26 or broker's license in this State.
2833+
2834+
2835+
2836+
2837+
2838+ SB1866 Enrolled - 80 - LRB103 26535 AMQ 52898 b
2839+
2840+
2841+SB1866 Enrolled- 81 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 81 - LRB103 26535 AMQ 52898 b
2842+ SB1866 Enrolled - 81 - LRB103 26535 AMQ 52898 b
2843+1 (f) Licenses previously granted under reciprocal
2844+2 agreements with other states shall remain in force so long as
2845+3 the Department has a reciprocal agreement with the state that
2846+4 includes the requirements of this Section, unless that license
2847+5 is suspended, revoked, or terminated by the Department for any
2848+6 reason provided for suspension, revocation, or termination of
2849+7 a resident licensee's license. Licenses granted under
2850+8 reciprocal agreements may be renewed in the same manner as a
2851+9 resident's license.
2852+10 (g) Prior to the issuance of a license to a nonresident
2853+11 managing broker or broker, the managing broker or broker shall
2854+12 file with the Department, in a manner prescribed by the
2855+13 Department, a designation in writing that appoints the
2856+14 Secretary to act as his or her agent upon whom all judicial and
2857+15 other process or legal notices directed to the managing broker
2858+16 or broker may be served. Service upon the agent so designated
2859+17 shall be equivalent to personal service upon the licensee.
2860+18 Copies of the appointment, certified by the Secretary, shall
2861+19 be deemed sufficient evidence thereof and shall be admitted in
2862+20 evidence with the same force and effect as the original
2863+21 thereof might be admitted. In the written designation, the
2864+22 managing broker or broker shall agree that any lawful process
2865+23 against the licensee that is served upon the agent shall be of
2866+24 the same legal force and validity as if served upon the
2867+25 licensee and that the authority shall continue in force so
2868+26 long as any liability remains outstanding in this State. Upon
2869+
2870+
2871+
2872+
2873+
2874+ SB1866 Enrolled - 81 - LRB103 26535 AMQ 52898 b
2875+
2876+
2877+SB1866 Enrolled- 82 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 82 - LRB103 26535 AMQ 52898 b
2878+ SB1866 Enrolled - 82 - LRB103 26535 AMQ 52898 b
2879+1 the receipt of any process or notice, the Secretary shall
2880+2 forthwith deliver a copy of the same by regular mail or email
2881+3 to the last known business address or email address of the
2882+4 licensee.
2883+5 (h) Any person holding a valid license under this Section
2884+6 shall be eligible to obtain a managing broker's license or a
2885+7 broker's license without examination should that person change
2886+8 their state of domicile to Illinois and that person otherwise
2887+9 meets the qualifications for licensure under this Act.
2888+10 (Source: P.A. 101-357, eff. 8-9-19.)
2889+11 (225 ILCS 454/5-75)
2890+12 (Section scheduled to be repealed on January 1, 2030)
2891+13 Sec. 5-75. Out-of-state continuing education credit. If a
2892+14 renewal applicant has earned continuing education hours in
2893+15 another state or territory for which the applicant he or she is
2894+16 claiming credit toward full compliance in Illinois, the
2895+17 Department may approve those hours based upon whether the
2896+18 course is one that would be approved under Section 5-70 of this
2897+19 Act, whether the course meets the basic requirements for
2898+20 continuing education under this Act, and any other criteria
2899+21 that are provided by statute or rule.
2900+22 (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
2901+23 (225 ILCS 454/10-25)
2902+24 (Section scheduled to be repealed on January 1, 2030)
2903+
2904+
2905+
2906+
2907+
2908+ SB1866 Enrolled - 82 - LRB103 26535 AMQ 52898 b
2909+
2910+
2911+SB1866 Enrolled- 83 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 83 - LRB103 26535 AMQ 52898 b
2912+ SB1866 Enrolled - 83 - LRB103 26535 AMQ 52898 b
2913+1 Sec. 10-25. Expiration of brokerage agreement. No licensee
2914+2 shall obtain any written brokerage agreement that does not
2915+3 either provide for automatic expiration within a definite
2916+4 period of time, and if longer than one year, or provide the
2917+5 client with a right to terminate the agreement annually by
2918+6 giving no more than 30 days' prior written notice. Any written
2919+7 brokerage agreement not containing such a provision shall be
2920+8 void. When the license of any sponsoring broker is suspended
2921+9 or revoked, any brokerage agreement with the sponsoring broker
2922+10 shall be deemed to expire upon the effective date of the
2923+11 suspension or revocation.
2924+12 (Source: P.A. 98-531, eff. 8-23-13.)
2925+13 (225 ILCS 454/10-30)
2926+14 (Section scheduled to be repealed on January 1, 2030)
2927+15 Sec. 10-30. Advertising.
2928+16 (a) No advertising, whether in print, via the Internet, or
2929+17 through social media, digital forums, or any other media,
2930+18 shall be fraudulent, deceptive, inherently misleading, or
2931+19 proven to be misleading in practice. Advertising shall be
2932+20 considered misleading or untruthful if, when taken as a whole,
2933+21 there is a distinct and reasonable possibility that it will be
2934+22 misunderstood or will deceive the ordinary consumer.
2935+23 Advertising shall contain all information necessary to
2936+24 communicate the information contained therein to the public in
2937+25 an accurate, direct, and readily comprehensible manner. Team
2938+
2939+
2940+
2941+
2942+
2943+ SB1866 Enrolled - 83 - LRB103 26535 AMQ 52898 b
2944+
2945+
2946+SB1866 Enrolled- 84 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 84 - LRB103 26535 AMQ 52898 b
2947+ SB1866 Enrolled - 84 - LRB103 26535 AMQ 52898 b
2948+1 names may not contain inherently misleading terms, such as
2949+2 "company", "realty", "real estate", "agency", "associates",
2950+3 "brokers", "properties", or "property".
2951+4 (b) No blind advertisements may be used by any licensee,
2952+5 in any media, except as provided for in this Section.
2953+6 (c) A licensee shall disclose, in writing, to all parties
2954+7 in a transaction the licensee's his or her status as a licensee
2955+8 and any and all interest the licensee has or may have in the
2956+9 real estate constituting the subject matter thereof, directly
2957+10 or indirectly, according to the following guidelines:
2958+11 (1) On broker yard signs or in broker advertisements,
2959+12 no disclosure of ownership is necessary. However, the
2960+13 ownership shall be indicated on any property data form
2961+14 accessible to the consumer and disclosed to persons
2962+15 responding to any advertisement or any sign. The term
2963+16 "broker owned" or "agent owned" is sufficient disclosure.
2964+17 (2) A sponsored or inactive licensee selling or
2965+18 leasing property, owned solely by the sponsored or
2966+19 inactive licensee, without utilizing brokerage services of
2967+20 their sponsoring broker or any other licensee, may
2968+21 advertise "By Owner". For purposes of this Section,
2969+22 property is "solely owned" by a sponsored or inactive
2970+23 licensee if the licensee he or she (i) has a 100% ownership
2971+24 interest alone, (ii) has ownership as a joint tenant or
2972+25 tenant by the entirety, or (iii) holds a 100% beneficial
2973+26 interest in a land trust. Sponsored or inactive licensees
2974+
2975+
2976+
2977+
2978+
2979+ SB1866 Enrolled - 84 - LRB103 26535 AMQ 52898 b
2980+
2981+
2982+SB1866 Enrolled- 85 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 85 - LRB103 26535 AMQ 52898 b
2983+ SB1866 Enrolled - 85 - LRB103 26535 AMQ 52898 b
2984+1 selling or leasing "By Owner" shall comply with the
2985+2 following if advertising by owner:
2986+3 (A) On "By Owner" yard signs, the sponsored or
2987+4 inactive licensee shall indicate "broker owned" or
2988+5 "agent owned." "By Owner" advertisements used in any
2989+6 medium of advertising shall include the term "broker
2990+7 owned" or "agent owned."
2991+8 (B) If a sponsored or inactive licensee runs
2992+9 advertisements, for the purpose of purchasing or
2993+10 leasing real estate, the licensee he or she shall
2994+11 disclose in the advertisements the licensee's his or
2995+12 her status as a licensee.
2996+13 (C) A sponsored or inactive licensee shall not use
2997+14 the sponsoring broker's name or the sponsoring
2998+15 broker's company name in connection with the sale,
2999+16 lease, or advertisement of the property nor utilize
3000+17 the sponsoring broker's or company's name in
3001+18 connection with the sale, lease, or advertising of the
3002+19 property in a manner likely to create confusion among
3003+20 the public as to whether or not the services of a real
3004+21 estate company are being utilized or whether or not a
3005+22 real estate company has an ownership interest in the
3006+23 property.
3007+24 (d) A sponsored licensee may not advertise under the
3008+25 licensee's his or her own name. Advertising in any media shall
3009+26 be under the direct supervision of the sponsoring or
3010+
3011+
3012+
3013+
3014+
3015+ SB1866 Enrolled - 85 - LRB103 26535 AMQ 52898 b
3016+
3017+
3018+SB1866 Enrolled- 86 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 86 - LRB103 26535 AMQ 52898 b
3019+ SB1866 Enrolled - 86 - LRB103 26535 AMQ 52898 b
3020+1 designated managing broker and in the sponsoring broker's
3021+2 business name, which in the case of a franchise shall include
3022+3 the franchise affiliation as well as the name of the
3023+4 individual firm. This provision does not apply under the
3024+5 following circumstances:
3025+6 (1) When a licensee enters into a brokerage agreement
3026+7 relating to his or her own real estate owned by the
3027+8 licensee, or real estate in which the licensee he or she
3028+9 has an ownership interest, with another licensed broker;
3029+10 or
3030+11 (2) When a licensee is selling or leasing his or her
3031+12 own real estate owned by the licensee or buying or leasing
3032+13 real estate for their own use himself or herself, after
3033+14 providing the appropriate written disclosure of his or her
3034+15 ownership interest as required in paragraph (2) of
3035+16 subsection (c) of this Section.
3036+17 (e) No licensee shall list the licensee's his or her name
3037+18 or otherwise advertise in the licensee's his or her own name to
3038+19 the general public through any medium of advertising as being
3039+20 in the real estate business without listing the his or her
3040+21 sponsoring broker's business name.
3041+22 (f) The sponsoring broker's business name and the name of
3042+23 the licensee must appear in all advertisements, including
3043+24 business cards. In advertising that includes the sponsoring
3044+25 broker's name and a team name or individual broker's name, the
3045+26 sponsoring broker's business name shall be at least equal in
3046+
3047+
3048+
3049+
3050+
3051+ SB1866 Enrolled - 86 - LRB103 26535 AMQ 52898 b
3052+
3053+
3054+SB1866 Enrolled- 87 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 87 - LRB103 26535 AMQ 52898 b
3055+ SB1866 Enrolled - 87 - LRB103 26535 AMQ 52898 b
3056+1 size or larger than the team name or that of the individual.
3057+2 (g) Those individuals licensed as a managing broker and
3058+3 designated with the Department as a designated managing broker
3059+4 by their sponsoring broker shall identify themselves to the
3060+5 public in advertising, except on "For Sale" or similar signs,
3061+6 as a designated managing broker. No other individuals holding
3062+7 a managing broker's license may hold themselves out to the
3063+8 public or other licensees as a designated managing broker, but
3064+9 they may hold themselves out to be a managing broker.
3065+10 (Source: P.A. 101-357, eff. 8-9-19.)
3066+11 (225 ILCS 454/20-20)
3067+12 (Section scheduled to be repealed on January 1, 2030)
3068+13 Sec. 20-20. Nature of and grounds for discipline.
3069+14 (a) The Department may refuse to issue or renew a license,
3070+15 may place on probation, suspend, or revoke any license,
3071+16 reprimand, or take any other disciplinary or non-disciplinary
3072+17 action as the Department may deem proper and impose a fine not
3073+18 to exceed $25,000 for each violation upon any licensee or
3074+19 applicant under this Act or any person who holds oneself out as
3075+20 an applicant or licensee or against a licensee in handling
3076+21 one's own property, whether held by deed, option, or
3077+22 otherwise, for any one or any combination of the following
3078+23 causes:
3079+24 (1) Fraud or misrepresentation in applying for, or
3080+25 procuring, a license under this Act or in connection with
3081+
3082+
3083+
3084+
3085+
3086+ SB1866 Enrolled - 87 - LRB103 26535 AMQ 52898 b
3087+
3088+
3089+SB1866 Enrolled- 88 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 88 - LRB103 26535 AMQ 52898 b
3090+ SB1866 Enrolled - 88 - LRB103 26535 AMQ 52898 b
3091+1 applying for renewal of a license under this Act.
3092+2 (2) The licensee's conviction of or plea of guilty or
3093+3 plea of nolo contendere, as set forth in subsection (e) of
3094+4 Section 5-25, to: (A) a felony or misdemeanor in this
3095+5 State or any other jurisdiction; (B) the entry of an
3096+6 administrative sanction by a government agency in this
3097+7 State or any other jurisdiction; or (C) any crime that
3098+8 subjects the licensee to compliance with the requirements
3099+9 of the Sex Offender Registration Act.
3100+10 (3) Inability to practice the profession with
3101+11 reasonable judgment, skill, or safety as a result of a
3102+12 physical illness, mental illness, or disability.
3103+13 (4) Practice under this Act as a licensee in a retail
3104+14 sales establishment from an office, desk, or space that is
3105+15 not separated from the main retail business and located
3106+16 within a separate and distinct area within the
3107+17 establishment.
3108+18 (5) Having been disciplined by another state, the
3109+19 District of Columbia, a territory, a foreign nation, or a
3110+20 governmental agency authorized to impose discipline if at
3111+21 least one of the grounds for that discipline is the same as
3112+22 or the equivalent of one of the grounds for which a
3113+23 licensee may be disciplined under this Act. A certified
3114+24 copy of the record of the action by the other state or
3115+25 jurisdiction shall be prima facie evidence thereof.
3116+26 (6) Engaging in the practice of real estate brokerage
3117+
3118+
3119+
3120+
3121+
3122+ SB1866 Enrolled - 88 - LRB103 26535 AMQ 52898 b
3123+
3124+
3125+SB1866 Enrolled- 89 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 89 - LRB103 26535 AMQ 52898 b
3126+ SB1866 Enrolled - 89 - LRB103 26535 AMQ 52898 b
3127+1 without a license or after the licensee's license or
3128+2 temporary permit was expired or while the license was
3129+3 inactive, revoked, or suspended.
3130+4 (7) Cheating on or attempting to subvert the Real
3131+5 Estate License Exam or a continuing education course or
3132+6 examination.
3133+7 (8) Aiding or abetting an applicant to subvert or
3134+8 cheat on the Real Estate License Exam or continuing
3135+9 education exam administered pursuant to this Act.
3136+10 (9) Advertising that is inaccurate, misleading, or
3137+11 contrary to the provisions of the Act.
3138+12 (10) Making any substantial misrepresentation or
3139+13 untruthful advertising.
3140+14 (11) Making any false promises of a character likely
3141+15 to influence, persuade, or induce.
3142+16 (12) Pursuing a continued and flagrant course of
3143+17 misrepresentation or the making of false promises through
3144+18 licensees, employees, agents, advertising, or otherwise.
3145+19 (13) Any misleading or untruthful advertising, or
3146+20 using any trade name or insignia of membership in any real
3147+21 estate organization of which the licensee is not a member.
3148+22 (14) Acting for more than one party in a transaction
3149+23 without providing written notice to all parties for whom
3150+24 the licensee acts.
3151+25 (15) Representing or attempting to represent, or
3152+26 performing licensed activities for, a broker other than
3153+
3154+
3155+
3156+
3157+
3158+ SB1866 Enrolled - 89 - LRB103 26535 AMQ 52898 b
3159+
3160+
3161+SB1866 Enrolled- 90 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 90 - LRB103 26535 AMQ 52898 b
3162+ SB1866 Enrolled - 90 - LRB103 26535 AMQ 52898 b
3163+1 the sponsoring broker.
3164+2 (16) Failure to account for or to remit any moneys or
3165+3 documents coming into the licensee's possession that
3166+4 belong to others.
3167+5 (17) Failure to maintain and deposit in a special
3168+6 account, separate and apart from personal and other
3169+7 business accounts, all escrow moneys belonging to others
3170+8 entrusted to a licensee while acting as a broker, escrow
3171+9 agent, or temporary custodian of the funds of others or
3172+10 failure to maintain all escrow moneys on deposit in the
3173+11 account until the transactions are consummated or
3174+12 terminated, except to the extent that the moneys, or any
3175+13 part thereof, shall be:
3176+14 (A) disbursed prior to the consummation or
3177+15 termination (i) in accordance with the written
3178+16 direction of the principals to the transaction or
3179+17 their duly authorized agents, (ii) in accordance with
3180+18 directions providing for the release, payment, or
3181+19 distribution of escrow moneys contained in any written
3182+20 contract signed by the principals to the transaction
3183+21 or their duly authorized agents, or (iii) pursuant to
3184+22 an order of a court of competent jurisdiction; or
3185+23 (B) deemed abandoned and transferred to the Office
3186+24 of the State Treasurer to be handled as unclaimed
3187+25 property pursuant to the Revised Uniform Unclaimed
3188+26 Property Act. Escrow moneys may be deemed abandoned
3189+
3190+
3191+
3192+
3193+
3194+ SB1866 Enrolled - 90 - LRB103 26535 AMQ 52898 b
3195+
3196+
3197+SB1866 Enrolled- 91 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 91 - LRB103 26535 AMQ 52898 b
3198+ SB1866 Enrolled - 91 - LRB103 26535 AMQ 52898 b
3199+1 under this subparagraph (B) only: (i) in the absence
3200+2 of disbursement under subparagraph (A); (ii) in the
3201+3 absence of notice of the filing of any claim in a court
3202+4 of competent jurisdiction; and (iii) if 6 months have
3203+5 elapsed after the receipt of a written demand for the
3204+6 escrow moneys from one of the principals to the
3205+7 transaction or the principal's duly authorized agent.
3206+8 The account shall be noninterest bearing, unless the
3207+9 character of the deposit is such that payment of interest
3208+10 thereon is otherwise required by law or unless the
3209+11 principals to the transaction specifically require, in
3210+12 writing, that the deposit be placed in an interest-bearing
3211+13 account.
3212+14 (18) Failure to make available to the Department all
3213+15 escrow records and related documents maintained in
3214+16 connection with the practice of real estate within 24
3215+17 hours of a request for those documents by Department
3216+18 personnel.
3217+19 (19) Failing to furnish copies upon request of
3218+20 documents relating to a real estate transaction to a party
3219+21 who has executed that document.
3220+22 (20) Failure of a sponsoring broker or licensee to
3221+23 timely provide sponsorship or termination of sponsorship
3222+24 information to the Department.
3223+25 (21) Engaging in dishonorable, unethical, or
3224+26 unprofessional conduct of a character likely to deceive,
3225+
3226+
3227+
3228+
3229+
3230+ SB1866 Enrolled - 91 - LRB103 26535 AMQ 52898 b
3231+
3232+
3233+SB1866 Enrolled- 92 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 92 - LRB103 26535 AMQ 52898 b
3234+ SB1866 Enrolled - 92 - LRB103 26535 AMQ 52898 b
3235+1 defraud, or harm the public, including, but not limited
3236+2 to, conduct set forth in rules adopted by the Department.
3237+3 (22) Commingling the money or property of others with
3238+4 the licensee's own money or property.
3239+5 (23) Employing any person on a purely temporary or
3240+6 single deal basis as a means of evading the law regarding
3241+7 payment of commission to nonlicensees on some contemplated
3242+8 transactions.
3243+9 (24) Permitting the use of one's license as a broker
3244+10 to enable a residential leasing agent or unlicensed person
3245+11 to operate a real estate business without actual
3246+12 participation therein and control thereof by the broker.
3247+13 (25) Any other conduct, whether of the same or a
3248+14 different character from that specified in this Section,
3249+15 that constitutes dishonest dealing.
3250+16 (26) Displaying a "for rent" or "for sale" sign on any
3251+17 property without the written consent of an owner or the
3252+18 owner's duly authorized agent or advertising by any means
3253+19 that any property is for sale or for rent without the
3254+20 written consent of the owner or the owner's authorized
3255+21 agent.
3256+22 (27) Failing to provide information requested by the
3257+23 Department, or otherwise respond to that request, within
3258+24 30 days of the request.
3259+25 (28) Advertising by means of a blind advertisement,
3260+26 except as otherwise permitted in Section 10-30 of this
3261+
3262+
3263+
3264+
3265+
3266+ SB1866 Enrolled - 92 - LRB103 26535 AMQ 52898 b
3267+
3268+
3269+SB1866 Enrolled- 93 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 93 - LRB103 26535 AMQ 52898 b
3270+ SB1866 Enrolled - 93 - LRB103 26535 AMQ 52898 b
3271+1 Act.
3272+2 (29) A licensee under this Act or an unlicensed
3273+3 individual offering guaranteed sales plans, as defined in
3274+4 Section 10-50, except to the extent set forth in Section
3275+5 10-50.
3276+6 (30) Influencing or attempting to influence, by any
3277+7 words or acts, a prospective seller, purchaser, occupant,
3278+8 landlord, or tenant of real estate, in connection with
3279+9 viewing, buying, or leasing real estate, so as to promote
3280+10 or tend to promote the continuance or maintenance of
3281+11 racially and religiously segregated housing or so as to
3282+12 retard, obstruct, or discourage racially integrated
3283+13 housing on or in any street, block, neighborhood, or
3284+14 community.
3285+15 (31) Engaging in any act that constitutes a violation
3286+16 of any provision of Article 3 of the Illinois Human Rights
3287+17 Act, whether or not a complaint has been filed with or
3288+18 adjudicated by the Human Rights Commission.
3289+19 (32) Inducing any party to a contract of sale or lease
3290+20 or brokerage agreement to break the contract of sale or
3291+21 lease or brokerage agreement for the purpose of
3292+22 substituting, in lieu thereof, a new contract for sale or
3293+23 lease or brokerage agreement with a third party.
3294+24 (33) Negotiating a sale, exchange, or lease of real
3295+25 estate directly with any person if the licensee knows that
3296+26 the person has an exclusive brokerage agreement with
3297+
3298+
3299+
3300+
3301+
3302+ SB1866 Enrolled - 93 - LRB103 26535 AMQ 52898 b
3303+
3304+
3305+SB1866 Enrolled- 94 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 94 - LRB103 26535 AMQ 52898 b
3306+ SB1866 Enrolled - 94 - LRB103 26535 AMQ 52898 b
3307+1 another broker, unless specifically authorized by that
3308+2 broker.
3309+3 (34) When a licensee is also an attorney, acting as
3310+4 the attorney for either the buyer or the seller in the same
3311+5 transaction in which the licensee is acting or has acted
3312+6 as a managing broker or broker.
3313+7 (35) Advertising or offering merchandise or services
3314+8 as free if any conditions or obligations necessary for
3315+9 receiving the merchandise or services are not disclosed in
3316+10 the same advertisement or offer. These conditions or
3317+11 obligations include without limitation the requirement
3318+12 that the recipient attend a promotional activity or visit
3319+13 a real estate site. As used in this subdivision (35),
3320+14 "free" includes terms such as "award", "prize", "no
3321+15 charge", "free of charge", "without charge", and similar
3322+16 words or phrases that reasonably lead a person to believe
3323+17 that one may receive or has been selected to receive
3324+18 something of value, without any conditions or obligations
3325+19 on the part of the recipient.
3326+20 (36) (Blank).
3327+21 (37) Violating the terms of any a disciplinary order
3328+22 issued by the Department.
3329+23 (38) Paying or failing to disclose compensation in
3330+24 violation of Article 10 of this Act.
3331+25 (39) Requiring a party to a transaction who is not a
3332+26 client of the licensee to allow the licensee to retain a
3333+
3334+
3335+
3336+
3337+
3338+ SB1866 Enrolled - 94 - LRB103 26535 AMQ 52898 b
3339+
3340+
3341+SB1866 Enrolled- 95 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 95 - LRB103 26535 AMQ 52898 b
3342+ SB1866 Enrolled - 95 - LRB103 26535 AMQ 52898 b
3343+1 portion of the escrow moneys for payment of the licensee's
3344+2 commission or expenses as a condition for release of the
3345+3 escrow moneys to that party.
3346+4 (40) Disregarding or violating any provision of this
3347+5 Act or the published rules adopted by the Department to
3348+6 enforce this Act or aiding or abetting any individual,
3349+7 foreign or domestic partnership, registered limited
3350+8 liability partnership, limited liability company,
3351+9 corporation, or other business entity in disregarding any
3352+10 provision of this Act or the published rules adopted by
3353+11 the Department to enforce this Act.
3354+12 (41) Failing to provide the minimum services required
3355+13 by Section 15-75 of this Act when acting under an
3356+14 exclusive brokerage agreement.
3357+15 (42) Habitual or excessive use of or addiction to
3358+16 alcohol, narcotics, stimulants, or any other chemical
3359+17 agent or drug that results in a managing broker, broker,
3360+18 or residential leasing agent's inability to practice with
3361+19 reasonable skill or safety.
3362+20 (43) Enabling, aiding, or abetting an auctioneer, as
3363+21 defined in the Auction License Act, to conduct a real
3364+22 estate auction in a manner that is in violation of this
3365+23 Act.
3366+24 (44) Permitting any residential leasing agent or
3367+25 temporary residential leasing agent permit holder to
3368+26 engage in activities that require a broker's or managing
3369+
3370+
3371+
3372+
3373+
3374+ SB1866 Enrolled - 95 - LRB103 26535 AMQ 52898 b
3375+
3376+
3377+SB1866 Enrolled- 96 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 96 - LRB103 26535 AMQ 52898 b
3378+ SB1866 Enrolled - 96 - LRB103 26535 AMQ 52898 b
3379+1 broker's license.
3380+2 (45) Failing to notify the Department, within 30 days
3381+3 after the occurrence, of the information required in
3382+4 subsection (e) of Section 5-25.
3383+5 (46) A designated managing broker's failure to provide
3384+6 an appropriate written company policy or failure to
3385+7 perform any of the duties set forth in Section 10-55.
3386+8 (47) Filing liens or recording written instruments in
3387+9 any county in the State on noncommercial, residential real
3388+10 property that relate to a broker's compensation for
3389+11 licensed activity under the Act.
3390+12 (b) The Department may refuse to issue or renew or may
3391+13 suspend the license of any person who fails to file a return,
3392+14 pay the tax, penalty or interest shown in a filed return, or
3393+15 pay any final assessment of tax, penalty, or interest, as
3394+16 required by any tax Act administered by the Department of
3395+17 Revenue, until such time as the requirements of that tax Act
3396+18 are satisfied in accordance with subsection (g) of Section
3397+19 2105-15 of the Department of Professional Regulation Law of
3398+20 the Civil Administrative Code of Illinois.
3399+21 (c) (Blank).
3400+22 (d) In cases where the Department of Healthcare and Family
3401+23 Services (formerly Department of Public Aid) has previously
3402+24 determined that a licensee or a potential licensee is more
3403+25 than 30 days delinquent in the payment of child support and has
3404+26 subsequently certified the delinquency to the Department may
3405+
3406+
3407+
3408+
3409+
3410+ SB1866 Enrolled - 96 - LRB103 26535 AMQ 52898 b
3411+
3412+
3413+SB1866 Enrolled- 97 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 97 - LRB103 26535 AMQ 52898 b
3414+ SB1866 Enrolled - 97 - LRB103 26535 AMQ 52898 b
3415+1 refuse to issue or renew or may revoke or suspend that person's
3416+2 license or may take other disciplinary action against that
3417+3 person based solely upon the certification of delinquency made
3418+4 by the Department of Healthcare and Family Services in
3419+5 accordance with item (5) of subsection (a) of Section 2105-15
3420+6 of the Department of Professional Regulation Law of the Civil
3421+7 Administrative Code of Illinois.
3422+8 (e) (Blank).
3423+9 (Source: P.A. 101-81, eff. 7-12-19; 101-357, eff. 8-9-19;
3424+10 102-970, eff. 5-27-22.)
3425+11 (225 ILCS 454/20-20.1)
3426+12 (Section scheduled to be repealed on January 1, 2030)
3427+13 Sec. 20-20.1. Citations.
3428+14 (a) The Department may adopt rules to permit the issuance
3429+15 of citations to any licensee for failure to comply with the
3430+16 continuing education and post-license education requirements
3431+17 set forth in this Act or as adopted by rule. The citation shall
3432+18 be issued to the licensee, and a copy shall be sent to the
3433+19 licensee's designated managing broker and sponsoring broker.
3434+20 The citation shall contain the licensee's name and address,
3435+21 the licensee's license number, the number of required hours of
3436+22 continuing education or post-license education that have not
3437+23 been successfully completed by the licensee's renewal
3438+24 deadline, and the penalty imposed, which shall not exceed
3439+25 $2,000. The issuance of any such citation shall not excuse the
3440+
3441+
3442+
3443+
3444+
3445+ SB1866 Enrolled - 97 - LRB103 26535 AMQ 52898 b
3446+
3447+
3448+SB1866 Enrolled- 98 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 98 - LRB103 26535 AMQ 52898 b
3449+ SB1866 Enrolled - 98 - LRB103 26535 AMQ 52898 b
3450+1 licensee from completing all continuing education or
3451+2 post-license education required for that term of licensure.
3452+3 (b) Service of a citation shall be made by in person,
3453+4 electronically, or by mail to the licensee at the licensee's
3454+5 address of record or email address of record, and must clearly
3455+6 state that if the cited licensee wishes to dispute the
3456+7 citation, the cited licensee may make a written request,
3457+8 within 30 days after the citation is served, for a hearing
3458+9 before the Department. If the cited licensee does not request
3459+10 a hearing within 30 days after the citation is served, then the
3460+11 citation shall become a final, non-disciplinary order, and any
3461+12 fine imposed is due and payable within 60 days after that final
3462+13 order. If the cited licensee requests a hearing within 30 days
3463+14 after the citation is served, the Department shall afford the
3464+15 cited licensee a hearing conducted in the same manner as a
3465+16 hearing provided for in this Act for any violation of this Act
3466+17 and shall determine whether the cited licensee committed the
3467+18 violation as charged and whether the fine as levied is
3468+19 warranted. If the violation is found, any fine shall
3469+20 constitute non-public discipline and be due and payable within
3470+21 30 days after the order of the Secretary, which shall
3471+22 constitute a final order of the Department. No change in
3472+23 license status may be made by the Department until such time as
3473+24 a final order of the Department has been issued.
3474+25 (c) Payment of a fine that has been assessed pursuant to
3475+26 this Section shall not constitute disciplinary action
3476+
3477+
3478+
3479+
3480+
3481+ SB1866 Enrolled - 98 - LRB103 26535 AMQ 52898 b
3482+
3483+
3484+SB1866 Enrolled- 99 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 99 - LRB103 26535 AMQ 52898 b
3485+ SB1866 Enrolled - 99 - LRB103 26535 AMQ 52898 b
3486+1 reportable on the Department's website or elsewhere unless a
3487+2 licensee has previously received 2 or more citations and has
3488+3 been assessed 2 or more fines.
3489+4 (d) Nothing in this Section shall prohibit or limit the
3490+5 Department from taking further action pursuant to this Act and
3491+6 rules for additional, repeated, or continuing violations.
3492+7 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
3493+8 (225 ILCS 454/20-21.1 new)
3494+9 Sec. 20-21.1. Injunctions; cease and desist order.
3495+10 (a) If any person violates the provisions of this Act, the
3496+11 Secretary may, in the name of the People of the State of
3497+12 Illinois, through the Attorney General or the State's Attorney
3498+13 for any county in which the action is brought, petition for an
3499+14 order enjoining the violation or for an order enforcing
3500+15 compliance with this Act. Upon the filing of a verified
3501+16 petition in court, the court may issue a temporary restraining
3502+17 order, without notice or condition, and may preliminarily and
3503+18 permanently enjoin the violation. If it is established that
3504+19 the person has violated or is violating the injunction, the
3505+20 Court may punish the offender for contempt of court.
3506+21 Proceedings under this Section shall be in addition to, and
3507+22 not in lieu of, all other remedies and penalties provided by
3508+23 this Act.
3509+24 (b) If, in the opinion of the Department, a person
3510+25 violates a provision of this Act, the Department may issue a
3511+
3512+
3513+
3514+
3515+
3516+ SB1866 Enrolled - 99 - LRB103 26535 AMQ 52898 b
3517+
3518+
3519+SB1866 Enrolled- 100 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 100 - LRB103 26535 AMQ 52898 b
3520+ SB1866 Enrolled - 100 - LRB103 26535 AMQ 52898 b
3521+1 ruling to show cause why an order to cease and desist should
3522+2 not be entered against that person. The rule shall clearly set
3523+3 forth the grounds relied upon by the Department and shall
3524+4 allow at least 7 days from the date of the rule to file an
3525+5 answer to the satisfaction of the Department. Failure to
3526+6 answer to the satisfaction of the Department shall cause an
3527+7 order to cease and desist to be issued immediately.
3528+8 (c) Other than as provided in Section 5-20 of this Act, if
3529+9 any person practices as a managing broker, broker, or
3530+10 residential leasing agent or holds themselves out as a
3531+11 licensed sponsoring broker, managing broker, broker, or
3532+12 residential leasing agent under this Act without being issued
3533+13 a valid active license by the Department, then any licensed
3534+14 sponsoring broker, managing broker, broker, residential
3535+15 leasing agent, any interested party, or any person injured
3536+16 thereby may, in addition to the Secretary, petition for relief
3537+17 as provided in subsection (a).
3538+18 (225 ILCS 454/20-22)
3539+19 (Section scheduled to be repealed on January 1, 2030)
3540+20 Sec. 20-22. Violations. Any person who is found working or
3541+21 acting as a managing broker, broker, or residential leasing
3542+22 agent or holding oneself himself or herself out as a licensed
3543+23 sponsoring broker, managing broker, broker, or residential
3544+24 leasing agent without being issued a valid active license is
3545+25 guilty of a Class A misdemeanor and, on conviction of a second
3546+
3547+
3548+
3549+
3550+
3551+ SB1866 Enrolled - 100 - LRB103 26535 AMQ 52898 b
3552+
3553+
3554+SB1866 Enrolled- 101 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 101 - LRB103 26535 AMQ 52898 b
3555+ SB1866 Enrolled - 101 - LRB103 26535 AMQ 52898 b
3556+1 or subsequent offense, the violator shall be guilty of a Class
3557+2 4 felony.
3558+3 (Source: P.A. 101-357, eff. 8-9-19.)
3559+4 (225 ILCS 454/20-23)
3560+5 (Section scheduled to be repealed on January 1, 2030)
3561+6 Sec. 20-23. Confidentiality. All information collected by
3562+7 the Department in the course of an examination or
3563+8 investigation of a licensee or applicant, including, but not
3564+9 limited to, any complaint against a licensee, applicant, or
3565+10 any person who holds oneself himself or herself out as a
3566+11 licensee or applicant that is filed with the Department and
3567+12 information collected to investigate any such complaint, shall
3568+13 be maintained for the confidential use of the Department and
3569+14 shall not be disclosed. The Department may not disclose the
3570+15 information to anyone other than law enforcement officials,
3571+16 regulatory agencies that have an appropriate regulatory
3572+17 interest as determined by the Secretary, or a party presenting
3573+18 a lawful subpoena to the Department. Information and documents
3574+19 disclosed to a federal, State, county, or local law
3575+20 enforcement agency shall not be disclosed by the agency for
3576+21 any purpose to any other agency or person. A formal complaint
3577+22 filed against a licensee by the Department or any order issued
3578+23 by the Department against a licensee or applicant shall be a
3579+24 public record, except as otherwise prohibited by law.
3580+25 (Source: P.A. 98-553, eff. 1-1-14.)
3581+
3582+
3583+
3584+
3585+
3586+ SB1866 Enrolled - 101 - LRB103 26535 AMQ 52898 b
3587+
3588+
3589+SB1866 Enrolled- 102 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 102 - LRB103 26535 AMQ 52898 b
3590+ SB1866 Enrolled - 102 - LRB103 26535 AMQ 52898 b
3591+1 (225 ILCS 454/20-25)
3592+2 (Section scheduled to be repealed on January 1, 2030)
3593+3 Sec. 20-25. Returned checks and dishonored credit card
3594+4 charges; fees. Any person who (1) delivers a check or other
3595+5 payment to the Department that is returned to the Department
3596+6 unpaid by the financial institution upon which it is drawn
3597+7 shall pay to the Department; or (2) presents a credit or debit
3598+8 card for payment that is invalid or expired or against which
3599+9 charges by the Department are declined or dishonored, in
3600+10 addition to the amount already owed to the Department, a fee of
3601+11 $50. The Department shall notify the person that payment of
3602+12 fees and fines shall be paid to the Department by certified
3603+13 check or money order within 30 calendar days of the
3604+14 notification. If, after the expiration of 30 days from the
3605+15 date of the notification, the person has failed to submit the
3606+16 necessary remittance, the Department shall automatically
3607+17 revoke the license or deny the application, without hearing.
3608+18 If, after revocation or denial, the person seeks a license,
3609+19 the person he or she shall apply to the Department for
3610+20 restoration or issuance of the license and pay all fees and
3611+21 fines due to the Department. The Department may establish a
3612+22 fee for the processing of an application for restoration of a
3613+23 license to pay all expenses of processing this application.
3614+24 The Secretary may waive the fees due under this Section in
3615+25 individual cases where the Secretary finds that the fees would
3616+
3617+
3618+
3619+
3620+
3621+ SB1866 Enrolled - 102 - LRB103 26535 AMQ 52898 b
3622+
3623+
3624+SB1866 Enrolled- 103 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 103 - LRB103 26535 AMQ 52898 b
3625+ SB1866 Enrolled - 103 - LRB103 26535 AMQ 52898 b
3626+1 be unreasonable or unnecessarily burdensome.
3627+2 (Source: P.A. 101-357, eff. 8-9-19.)
3628+3 (225 ILCS 454/20-60)
3629+4 (Section scheduled to be repealed on January 1, 2030)
3630+5 Sec. 20-60. Investigations notice and hearing. The
3631+6 Department may investigate the actions of any applicant or of
3632+7 any person who is an applicant or person or persons rendering
3633+8 or offering to render services for which a license is required
3634+9 by this Act or any person holding or claiming to hold a license
3635+10 under this Act and may notify the his or her designated
3636+11 managing broker and sponsoring broker of the pending
3637+12 investigation. The Department shall, before revoking,
3638+13 suspending, placing on probation, reprimanding, or taking any
3639+14 other disciplinary action under Article 20 of this Act, at
3640+15 least 30 days before the date set for the hearing, (i) notify
3641+16 the person charged accused and the his or her designated
3642+17 managing broker and sponsoring broker in writing of the
3643+18 charges made and the time and place for the hearing on the
3644+19 charges and whether the licensee's license has been
3645+20 temporarily suspended pursuant to Section 20-65, (ii) direct
3646+21 the person accused to file a written answer to the charges with
3647+22 the Board under oath within 20 days after the service on him or
3648+23 her of the notice, and (iii) inform the person accused that
3649+24 failure if he or she fails to answer will result in a , default
3650+25 will be taken against him or her or that the person's his or
3651+
3652+
3653+
3654+
3655+
3656+ SB1866 Enrolled - 103 - LRB103 26535 AMQ 52898 b
3657+
3658+
3659+SB1866 Enrolled- 104 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 104 - LRB103 26535 AMQ 52898 b
3660+ SB1866 Enrolled - 104 - LRB103 26535 AMQ 52898 b
3661+1 her license may be suspended, revoked, placed on probationary
3662+2 status, or other disciplinary action taken with regard to the
3663+3 license, including limiting the scope, nature, or extent of
3664+4 the ability to his or her practice, as the Department may
3665+5 consider proper. At the time and place fixed in the notice, the
3666+6 Board shall proceed to hear the charges and the parties or
3667+7 their counsel shall be accorded ample opportunity to present
3668+8 any pertinent statements, testimony, evidence, and arguments.
3669+9 The Board may continue the hearing from time to time. In case
3670+10 the person, after receiving the notice, fails to file an
3671+11 answer, the person's his or her license may, in the discretion
3672+12 of the Department, be suspended, revoked, placed on
3673+13 probationary status, or the Department may take whatever
3674+14 disciplinary action considered proper, including limiting the
3675+15 scope, nature, or extent of the person's practice or the
3676+16 imposition of a fine, without a hearing, if the act or acts
3677+17 charged constitute sufficient grounds for that action under
3678+18 this Act. The notice may be served by personal delivery, by
3679+19 mail, or, at the discretion of the Department, by electronic
3680+20 means as adopted by rule to the address or email address of
3681+21 record specified by the accused in his or her last
3682+22 notification with the Department and shall include notice to
3683+23 the designated managing broker and sponsoring broker. A copy
3684+24 of the Department's final disciplinary order shall be
3685+25 delivered to the designated managing broker and sponsoring
3686+26 broker.
3687+
3688+
3689+
3690+
3691+
3692+ SB1866 Enrolled - 104 - LRB103 26535 AMQ 52898 b
3693+
3694+
3695+SB1866 Enrolled- 105 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 105 - LRB103 26535 AMQ 52898 b
3696+ SB1866 Enrolled - 105 - LRB103 26535 AMQ 52898 b
3697+1 (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
3698+2 (225 ILCS 454/20-69)
3699+3 (Section scheduled to be repealed on January 1, 2030)
3700+4 Sec. 20-69. Restoration of a suspended or revoked license.
3701+5 At any time after the successful completion of a term of
3702+6 suspension, or revocation, or probation of a an individual's
3703+7 license, the Department may restore it to the licensee, upon
3704+8 the written recommendation of the Board, unless after an
3705+9 investigation and a hearing the Board determines that
3706+10 restoration is not in the public interest.
3707+11 (Source: P.A. 102-970, eff. 5-27-22.)
3708+12 (225 ILCS 454/20-72)
3709+13 (Section scheduled to be repealed on January 1, 2030)
3710+14 Sec. 20-72. Secretary; rehearing. If the Secretary
3711+15 believes that substantial justice has not been done in the
3712+16 revocation or suspension of a license, with respect to refusal
3713+17 to issue, restore, or renew a license, or any other discipline
3714+18 of an applicant, licensee, or unlicensed person, then the
3715+19 Secretary he or she may order a rehearing by the same or other
3716+20 examiners.
3717+21 (Source: P.A. 101-357, eff. 8-9-19.)
3718+22 (225 ILCS 454/25-10)
3719+23 (Section scheduled to be repealed on January 1, 2030)
3720+
3721+
3722+
3723+
3724+
3725+ SB1866 Enrolled - 105 - LRB103 26535 AMQ 52898 b
3726+
3727+
3728+SB1866 Enrolled- 106 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 106 - LRB103 26535 AMQ 52898 b
3729+ SB1866 Enrolled - 106 - LRB103 26535 AMQ 52898 b
3730+1 Sec. 25-10. Real Estate Administration and Disciplinary
3731+2 Board; duties. There is created the Real Estate Administration
3732+3 and Disciplinary Board. The Board shall be composed of 15
3733+4 persons appointed by the Governor. Members shall be appointed
3734+5 to the Board subject to the following conditions:
3735+6 (1) All members shall have been residents and citizens
3736+7 of this State for at least 6 years prior to the date of
3737+8 appointment.
3738+9 (2) Twelve members shall have been actively engaged as
3739+10 managing brokers or brokers or both for at least the 10
3740+11 years prior to the appointment, 2 of whom must possess an
3741+12 active pre-license instructor license.
3742+13 (3) Three members of the Board shall be public members
3743+14 who represent consumer interests.
3744+15 None of these members shall be (i) a person who is licensed
3745+16 under this Act or a similar Act of another jurisdiction, (ii)
3746+17 the spouse or immediate family member of a licensee, or (iii) a
3747+18 person who has an ownership interest in a real estate
3748+19 brokerage business.
3749+20 The members' terms shall be for 4 years and until a
3750+21 successor is appointed. No member shall be reappointed to the
3751+22 Board for a term that would cause the member's cumulative
3752+23 service to the Board to exceed 12 10 years. Appointments to
3753+24 fill vacancies shall be for the unexpired portion of the term.
3754+25 Those members of the Board that satisfy the requirements of
3755+26 paragraph (2) shall be chosen in a manner such that no area of
3756+
3757+
3758+
3759+
3760+
3761+ SB1866 Enrolled - 106 - LRB103 26535 AMQ 52898 b
3762+
3763+
3764+SB1866 Enrolled- 107 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 107 - LRB103 26535 AMQ 52898 b
3765+ SB1866 Enrolled - 107 - LRB103 26535 AMQ 52898 b
3766+1 the State shall be unreasonably represented. In making the
3767+2 appointments, the Governor shall give due consideration to the
3768+3 recommendations by members and organizations of the
3769+4 profession. The Governor may terminate the appointment of any
3770+5 member for cause that in the opinion of the Governor
3771+6 reasonably justifies the termination. Cause for termination
3772+7 shall include without limitation misconduct, incapacity,
3773+8 neglect of duty, or missing 4 board meetings during any one
3774+9 fiscal year. Each member of the Board may receive a per diem
3775+10 stipend in an amount to be determined by the Secretary. While
3776+11 engaged in the performance of duties, each member shall be
3777+12 reimbursed for necessary expenses. Such compensation and
3778+13 expenses shall be paid out of the Real Estate License
3779+14 Administration Fund. The Secretary shall consider the
3780+15 recommendations of the Board on questions involving standards
3781+16 of professional conduct, discipline, education, and policies
3782+17 and procedures under this Act. With regard to this subject
3783+18 matter, the Secretary may establish temporary or permanent
3784+19 committees of the Board and may consider the recommendations
3785+20 of the Board on matters that include, but are not limited to,
3786+21 criteria for the licensing and renewal of education providers,
3787+22 pre-license and continuing education instructors, pre-license
3788+23 and continuing education curricula, standards of educational
3789+24 criteria, and qualifications for licensure and renewal of
3790+25 professions, courses, and instructors. The Department, after
3791+26 notifying and considering the recommendations of the Board, if
3792+
3793+
3794+
3795+
3796+
3797+ SB1866 Enrolled - 107 - LRB103 26535 AMQ 52898 b
3798+
3799+
3800+SB1866 Enrolled- 108 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 108 - LRB103 26535 AMQ 52898 b
3801+ SB1866 Enrolled - 108 - LRB103 26535 AMQ 52898 b
3802+1 any, may issue rules, consistent with the provisions of this
3803+2 Act, for the administration and enforcement thereof and may
3804+3 prescribe forms that shall be used in connection therewith.
3805+4 Eight Board members shall constitute a quorum. A quorum is
3806+5 required for all Board decisions. A vacancy in the membership
3807+6 of the Board shall not impair the right of a quorum to exercise
3808+7 all of the rights and perform all of the duties of the Board.
3809+8 The Board shall elect annually, at its first meeting of
3810+9 the fiscal year, a vice chairperson who shall preside, with
3811+10 voting privileges, at meetings when the chairperson is not
3812+11 present. Members of the Board shall be immune from suit in an
3813+12 action based upon any disciplinary proceedings or other acts
3814+13 performed in good faith as members of the Board.
3815+14 (Source: P.A. 102-970, eff. 5-27-22.)
3816+15 (225 ILCS 454/25-25)
3817+16 (Section scheduled to be repealed on January 1, 2030)
3818+17 Sec. 25-25. Real Estate Research and Education Fund. A
3819+18 special fund to be known as the Real Estate Research and
3820+19 Education Fund is created and shall be held in trust in the
3821+20 State Treasury. Annually, on September 15th, the State
3822+21 Treasurer shall cause a transfer of $125,000 to the Real
3823+22 Estate Research and Education Fund from the Real Estate
3824+23 License Administration Fund. The Real Estate Research and
3825+24 Education Fund shall be administered by the Department. Money
3826+25 deposited in the Real Estate Research and Education Fund may
3827+
3828+
3829+
3830+
3831+
3832+ SB1866 Enrolled - 108 - LRB103 26535 AMQ 52898 b
3833+
3834+
3835+SB1866 Enrolled- 109 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 109 - LRB103 26535 AMQ 52898 b
3836+ SB1866 Enrolled - 109 - LRB103 26535 AMQ 52898 b
3837+1 be used for research and for education at state institutions
3838+2 of higher education or other organizations for research and
3839+3 for education to further the advancement of education in the
3840+4 real estate industry or can be used by the Department for
3841+5 expenses related to the education of licensees. Of the
3842+6 $125,000 annually transferred into the Real Estate Research
3843+7 and Education Fund, $15,000 shall be used to fund a
3844+8 scholarship program for persons of minority racial origin who
3845+9 wish to pursue a course of study in the field of real estate.
3846+10 For the purposes of this Section, "course of study" means a
3847+11 course or courses that are part of a program of courses in the
3848+12 field of real estate designed to further an individual's
3849+13 knowledge or expertise in the field of real estate. These
3850+14 courses shall include, without limitation, courses that a
3851+15 broker licensed under this Act must complete to qualify for a
3852+16 managing broker's license, courses required to obtain the
3853+17 Graduate Realtors Institute designation, and any other courses
3854+18 or programs offered by accredited colleges, universities, or
3855+19 other institutions of higher education in Illinois. The
3856+20 scholarship program shall be administered by the Department or
3857+21 its designee. Moneys in the Real Estate Research and Education
3858+22 Fund may be invested and reinvested in the same manner as funds
3859+23 in the Real Estate Recovery Fund and all earnings, interest,
3860+24 and dividends received from such investments shall be
3861+25 deposited in the Real Estate Research and Education Fund and
3862+26 may be used for the same purposes as moneys transferred to the
3863+
3864+
3865+
3866+
3867+
3868+ SB1866 Enrolled - 109 - LRB103 26535 AMQ 52898 b
3869+
3870+
3871+SB1866 Enrolled- 110 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 110 - LRB103 26535 AMQ 52898 b
3872+ SB1866 Enrolled - 110 - LRB103 26535 AMQ 52898 b
3873+1 Real Estate Research and Education Fund. Moneys in the Real
3874+2 Estate Research and Education Fund may be transferred to the
3875+3 Professions Indirect Cost Fund as authorized under Section
3876+4 2105-300 of the Department of Professional Regulation Law of
3877+5 the Civil Administrative Code of Illinois.
3878+6 (Source: P.A. 101-357, eff. 8-9-19.)
3879+7 (225 ILCS 454/25-21 rep.)
3880+8 Section 25. The Real Estate License Act of 2000 is amended
3881+9 by repealing Section 25-21.
3882+10 Section 30. The Real Estate Appraiser Licensing Act of
3883+11 2002 is amended by changing Sections 1-10, 5-25, 10-5, 10-10,
3884+12 15-10, 15-15, and 25-10 as follows:
3885+13 (225 ILCS 458/1-10)
3886+14 (Section scheduled to be repealed on January 1, 2027)
3887+15 Sec. 1-10. Definitions. As used in this Act, unless the
3888+16 context otherwise requires:
3889+17 "Accredited college or university, junior college, or
3890+18 community college" means a college or university, junior
3891+19 college, or community college that is approved or accredited
3892+20 by the Board of Higher Education, a regional or national
3893+21 accreditation association, or by an accrediting agency that is
3894+22 recognized by the U.S. Secretary of Education.
3895+23 "Address of record" means the designated street address,
3896+
3897+
3898+
3899+
3900+
3901+ SB1866 Enrolled - 110 - LRB103 26535 AMQ 52898 b
3902+
3903+
3904+SB1866 Enrolled- 111 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 111 - LRB103 26535 AMQ 52898 b
3905+ SB1866 Enrolled - 111 - LRB103 26535 AMQ 52898 b
3906+1 which may not be a post office box, recorded by the Department
3907+2 in the applicant's or licensee's application file or license
3908+3 file as maintained by the Department.
3909+4 "Applicant" means a person who applies to the Department
3910+5 for a license under this Act.
3911+6 "Appraisal" means (noun) the act or process of developing
3912+7 an opinion of value; an opinion of value (adjective) of or
3913+8 pertaining to appraising and related functions, such as
3914+9 appraisal practice or appraisal services.
3915+10 "Appraisal assignment" means a valuation service provided
3916+11 pursuant to an agreement between an appraiser and a client.
3917+12 "Appraisal firm" means an appraisal entity that is 100%
3918+13 owned and controlled by a person or persons licensed in
3919+14 Illinois as a certified general real estate appraiser or a
3920+15 certified residential real estate appraiser. "Appraisal firm"
3921+16 does not include an appraisal management company.
3922+17 "Appraisal management company" means any corporation,
3923+18 limited liability company, partnership, sole proprietorship,
3924+19 subsidiary, unit, or other business entity that directly or
3925+20 indirectly: (1) provides appraisal management services to
3926+21 creditors or secondary mortgage market participants, including
3927+22 affiliates; (2) provides appraisal management services in
3928+23 connection with valuing the consumer's principal dwelling as
3929+24 security for a consumer credit transaction (including consumer
3930+25 credit transactions incorporated into securitizations); and
3931+26 (3) any appraisal management company that, within a given
3932+
3933+
3934+
3935+
3936+
3937+ SB1866 Enrolled - 111 - LRB103 26535 AMQ 52898 b
3938+
3939+
3940+SB1866 Enrolled- 112 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 112 - LRB103 26535 AMQ 52898 b
3941+ SB1866 Enrolled - 112 - LRB103 26535 AMQ 52898 b
3942+1 12-month period, oversees an appraiser panel of 16 or more
3943+2 State-certified appraisers in Illinois or 25 or more
3944+3 State-certified or State-licensed appraisers in 2 or more
3945+4 jurisdictions. "Appraisal management company" includes a
3946+5 hybrid entity.
3947+6 "Appraisal practice" means valuation services performed by
3948+7 an individual acting as an appraiser, including, but not
3949+8 limited to, appraisal or appraisal review.
3950+9 "Appraisal qualification board (AQB)" means the
3951+10 independent board of the Appraisal Foundation, which, under
3952+11 the provisions of Title XI of the Financial Institutions
3953+12 Reform, Recovery, and Enforcement Act of 1989, establishes the
3954+13 minimum education, experience, and examination requirements
3955+14 for real property appraisers to obtain a state certification
3956+15 or license.
3957+16 "Appraisal report" means any communication, written or
3958+17 oral, of an appraisal or appraisal review that is transmitted
3959+18 to a client upon completion of an assignment.
3960+19 "Appraisal review" means the act or process of developing
3961+20 and communicating an opinion about the quality of another
3962+21 appraiser's work that was performed as part of an appraisal,
3963+22 appraisal review, or appraisal assignment.
3964+23 "Appraisal Subcommittee" means the Appraisal Subcommittee
3965+24 of the Federal Financial Institutions Examination Council as
3966+25 established by Title XI.
3967+26 "Appraiser" means a person who performs real estate or
3968+
3969+
3970+
3971+
3972+
3973+ SB1866 Enrolled - 112 - LRB103 26535 AMQ 52898 b
3974+
3975+
3976+SB1866 Enrolled- 113 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 113 - LRB103 26535 AMQ 52898 b
3977+ SB1866 Enrolled - 113 - LRB103 26535 AMQ 52898 b
3978+1 real property appraisals competently and in a manner that is
3979+2 independent, impartial, and objective.
3980+3 "Appraiser panel" means a network, list, or roster of
3981+4 licensed or certified appraisers approved by the appraisal
3982+5 management company or by the end-user client to perform
3983+6 appraisals as independent contractors for the appraisal
3984+7 management company. "Appraiser panel" includes both appraisers
3985+8 accepted by an appraisal management company for consideration
3986+9 for future appraisal assignments and appraisers engaged by an
3987+10 appraisal management company to perform one or more
3988+11 appraisals. For the purposes of determining the size of an
3989+12 appraiser panel, only independent contractors of hybrid
3990+13 entities shall be counted towards the appraiser panel.
3991+14 "AQB" means the Appraisal Qualifications Board of the
3992+15 Appraisal Foundation.
3993+16 "Associate real estate trainee appraiser" means an
3994+17 entry-level appraiser who holds a license of this
3995+18 classification under this Act with restrictions as to the
3996+19 scope of practice in accordance with this Act.
3997+20 "Automated valuation model" means an automated system that
3998+21 is used to derive a property value through the use of available
3999+22 property records and various analytic methodologies such as
4000+23 comparable sales prices, home characteristics, and price
4001+24 changes.
4002+25 "Board" means the Real Estate Appraisal Administration and
4003+26 Disciplinary Board.
4004+
4005+
4006+
4007+
4008+
4009+ SB1866 Enrolled - 113 - LRB103 26535 AMQ 52898 b
4010+
4011+
4012+SB1866 Enrolled- 114 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 114 - LRB103 26535 AMQ 52898 b
4013+ SB1866 Enrolled - 114 - LRB103 26535 AMQ 52898 b
4014+1 "Broker price opinion" means an estimate or analysis of
4015+2 the probable selling price of a particular interest in real
4016+3 estate, which may provide a varying level of detail about the
4017+4 property's condition, market, and neighborhood and information
4018+5 on comparable sales. The activities of a real estate broker or
4019+6 managing broker engaging in the ordinary course of business as
4020+7 a broker, as defined in this Section, shall not be considered a
4021+8 broker price opinion if no compensation is paid to the broker
4022+9 or managing broker, other than compensation based upon the
4023+10 sale or rental of real estate.
4024+11 "Classroom hour" means 50 minutes of instruction out of
4025+12 each 60-minute segment of coursework.
4026+13 "Client" means the party or parties who engage an
4027+14 appraiser by employment or contract in a specific appraisal
4028+15 assignment.
4029+16 "Comparative market analysis" is an analysis or opinion
4030+17 regarding pricing, marketing, or financial aspects relating to
4031+18 a specified interest or interests in real estate that may be
4032+19 based upon an analysis of comparative market data, the
4033+20 expertise of the real estate broker or managing broker, and
4034+21 such other factors as the broker or managing broker may deem
4035+22 appropriate in developing or preparing such analysis or
4036+23 opinion. The activities of a real estate broker or managing
4037+24 broker engaging in the ordinary course of business as a
4038+25 broker, as defined in this Section, shall not be considered a
4039+26 comparative market analysis if no compensation is paid to the
4040+
4041+
4042+
4043+
4044+
4045+ SB1866 Enrolled - 114 - LRB103 26535 AMQ 52898 b
4046+
4047+
4048+SB1866 Enrolled- 115 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 115 - LRB103 26535 AMQ 52898 b
4049+ SB1866 Enrolled - 115 - LRB103 26535 AMQ 52898 b
4050+1 broker or managing broker, other than compensation based upon
4051+2 the sale or rental of real estate.
4052+3 "Coordinator" means the Real Estate Appraisal Coordinator
4053+4 created in Section 25-15.
4054+5 "Department" means the Department of Financial and
4055+6 Professional Regulation.
4056+7 "Email address of record" means the designated email
4057+8 address recorded by the Department in the applicant's
4058+9 application file or the licensee's license file maintained by
4059+10 the Department.
4060+11 "Evaluation" means a valuation permitted by the appraisal
4061+12 regulations of the Federal Financial Institutions Examination
4062+13 Council and its federal agencies for transactions that qualify
4063+14 for the appraisal threshold exemption, business loan
4064+15 exemption, or subsequent transaction exemption.
4065+16 "Federal financial institutions regulatory agencies" means
4066+17 the Board of Governors of the Federal Reserve System, the
4067+18 Federal Deposit Insurance Corporation, the Office of the
4068+19 Comptroller of the Currency, the Consumer Financial Protection
4069+20 Bureau, and the National Credit Union Administration.
4070+21 "Federally related transaction" means any real
4071+22 estate-related financial transaction in which a federal
4072+23 financial institutions regulatory agency engages in, contracts
4073+24 for, or regulates and requires the services of an appraiser.
4074+25 "Financial institution" means any bank, savings bank,
4075+26 savings and loan association, credit union, mortgage broker,
4076+
4077+
4078+
4079+
4080+
4081+ SB1866 Enrolled - 115 - LRB103 26535 AMQ 52898 b
4082+
4083+
4084+SB1866 Enrolled- 116 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 116 - LRB103 26535 AMQ 52898 b
4085+ SB1866 Enrolled - 116 - LRB103 26535 AMQ 52898 b
4086+1 mortgage banker, licensee under the Consumer Installment Loan
4087+2 Act or the Sales Finance Agency Act, or a corporate fiduciary,
4088+3 subsidiary, affiliate, parent company, or holding company of
4089+4 any such licensee, or any institution involved in real estate
4090+5 financing that is regulated by state or federal law.
4091+6 "Hybrid entity" means an appraisal management company that
4092+7 hires an appraiser as an employee to perform an appraisal and
4093+8 engages an independent contractor to perform an appraisal.
4094+9 "License" means the privilege conferred by the Department
4095+10 to a person that has fulfilled all requirements prerequisite
4096+11 to any type of licensure under this Act.
4097+12 "Licensee" means any person licensed under this Act.
4098+13 "Multi-state licensing system" means a web-based platform
4099+14 that allows an applicant to submit the application or license
4100+15 renewal application to the Department online.
4101+16 "Person" means an individual, entity, sole proprietorship,
4102+17 corporation, limited liability company, partnership, and joint
4103+18 venture, foreign or domestic, except that when the context
4104+19 otherwise requires, the term may refer to more than one
4105+20 individual or other described entity.
4106+21 "Real estate" means an identified parcel or tract of land,
4107+22 including any improvements.
4108+23 "Real estate related financial transaction" means any
4109+24 transaction involving:
4110+25 (1) the sale, lease, purchase, investment in, or
4111+26 exchange of real property, including interests in property
4112+
4113+
4114+
4115+
4116+
4117+ SB1866 Enrolled - 116 - LRB103 26535 AMQ 52898 b
4118+
4119+
4120+SB1866 Enrolled- 117 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 117 - LRB103 26535 AMQ 52898 b
4121+ SB1866 Enrolled - 117 - LRB103 26535 AMQ 52898 b
4122+1 or the financing thereof;
4123+2 (2) the refinancing of real property or interests in
4124+3 real property; and
4125+4 (3) the use of real property or interest in property
4126+5 as security for a loan or investment, including mortgage
4127+6 backed securities.
4128+7 "Real property" means the interests, benefits, and rights
4129+8 inherent in the ownership of real estate.
4130+9 "Secretary" means the Secretary of Financial and
4131+10 Professional Regulation or the Secretary's designee.
4132+11 "State certified general real estate appraiser" means an
4133+12 appraiser who holds a license of this classification under
4134+13 this Act and such classification applies to the appraisal of
4135+14 all types of real property without restrictions as to the
4136+15 scope of practice.
4137+16 "State certified residential real estate appraiser" means
4138+17 an appraiser who holds a license of this classification under
4139+18 this Act and such classification applies to the appraisal of
4140+19 one to 4 units of residential real property without regard to
4141+20 transaction value or complexity, but with restrictions as to
4142+21 the scope of practice in a federally related transaction in
4143+22 accordance with Title XI, the provisions of USPAP, criteria
4144+23 established by the AQB, and further defined by rule.
4145+24 "Supervising appraiser" means either (i) an appraiser who
4146+25 holds a valid license under this Act as either a State
4147+26 certified general real estate appraiser or a State certified
4148+
4149+
4150+
4151+
4152+
4153+ SB1866 Enrolled - 117 - LRB103 26535 AMQ 52898 b
4154+
4155+
4156+SB1866 Enrolled- 118 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 118 - LRB103 26535 AMQ 52898 b
4157+ SB1866 Enrolled - 118 - LRB103 26535 AMQ 52898 b
4158+1 residential real estate appraiser, who co-signs an appraisal
4159+2 report for an associate real estate trainee appraiser or (ii)
4160+3 a State certified general real estate appraiser who holds a
4161+4 valid license under this Act who co-signs an appraisal report
4162+5 for a State certified residential real estate appraiser on
4163+6 properties other than one to 4 units of residential real
4164+7 property without regard to transaction value or complexity.
4165+8 "Title XI" means Title XI of the federal Financial
4166+9 Institutions Reform, Recovery, and Enforcement Act of 1989.
4167+10 "USPAP" means the Uniform Standards of Professional
4168+11 Appraisal Practice as promulgated by the Appraisal Standards
4169+12 Board pursuant to Title XI and by rule.
4170+13 "Valuation services" means services pertaining to aspects
4171+14 of property value.
4172+15 (Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;
4173+16 102-970, eff. 5-27-22.)
4174+17 (225 ILCS 458/5-25)
4175+18 (Section scheduled to be repealed on January 1, 2027)
4176+19 Sec. 5-25. Renewal of license.
4177+20 (a) The expiration date and renewal period for a State
4178+21 certified general real estate appraiser license or a State
4179+22 certified residential real estate appraiser license issued
4180+23 under this Act shall be set by rule. Except as otherwise
4181+24 provided in subsections (b) and (f) of this Section, the
4182+25 holder of a license may renew the license within 90 days
4183+
4184+
4185+
4186+
4187+
4188+ SB1866 Enrolled - 118 - LRB103 26535 AMQ 52898 b
4189+
4190+
4191+SB1866 Enrolled- 119 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 119 - LRB103 26535 AMQ 52898 b
4192+ SB1866 Enrolled - 119 - LRB103 26535 AMQ 52898 b
4193+1 preceding the expiration date by:
4194+2 (1) completing and submitting to the Department, or
4195+3 through a multi-state licensing system as designated by
4196+4 the Secretary, a renewal application form as provided by
4197+5 the Department;
4198+6 (2) paying the required fees; and
4199+7 (3) providing evidence to the Department, or through a
4200+8 multi-state licensing system as designated by the
4201+9 Secretary, of successful completion of the continuing
4202+10 education requirements through courses approved by the
4203+11 Department from education providers licensed by the
4204+12 Department, as established by the AQB and by rule.
4205+13 (b) A State certified general real estate appraiser or
4206+14 State certified residential real estate appraiser whose
4207+15 license under this Act has expired may renew the license for a
4208+16 period of 2 years following the expiration date by complying
4209+17 with the requirements of paragraphs (1), (2), and (3) of
4210+18 subsection (a) of this Section and paying any late penalties
4211+19 established by rule.
4212+20 (c) (Blank).
4213+21 (d) The expiration date and renewal period for an
4214+22 associate real estate trainee appraiser license issued under
4215+23 this Act shall be set by rule. Except as otherwise provided in
4216+24 subsections (e) and (f) of this Section, the holder of an
4217+25 associate real estate trainee appraiser license may renew the
4218+26 license within 90 days preceding the expiration date by:
4219+
4220+
4221+
4222+
4223+
4224+ SB1866 Enrolled - 119 - LRB103 26535 AMQ 52898 b
4225+
4226+
4227+SB1866 Enrolled- 120 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 120 - LRB103 26535 AMQ 52898 b
4228+ SB1866 Enrolled - 120 - LRB103 26535 AMQ 52898 b
4229+1 (1) completing and submitting to the Department, or
4230+2 through a multi-state licensing system as designated by
4231+3 the Secretary, a renewal application form as provided by
4232+4 the Department;
4233+5 (2) paying the required fees; and
4234+6 (3) providing evidence to the Department, or through a
4235+7 multi-state licensing system as designated by the
4236+8 Secretary, of successful completion of the continuing
4237+9 education requirements through courses approved by the
4238+10 Department from education providers approved by the
4239+11 Department, as established by rule.
4240+12 (e) Any associate real estate trainee appraiser whose
4241+13 license under this Act has expired may renew the license for a
4242+14 period of 2 years following the expiration date by complying
4243+15 with the requirements of paragraphs (1), (2), and (3) of
4244+16 subsection (d) of this Section and paying any late penalties
4245+17 as established by rule.
4246+18 (f) Notwithstanding subsections (c) and (e), an appraiser
4247+19 whose license under this Act has expired may renew or convert
4248+20 the license without paying any lapsed renewal fees or late
4249+21 penalties if the license expired while the appraiser was:
4250+22 (1) on active duty with the United States Armed
4251+23 Services;
4252+24 (2) serving as the Coordinator or an employee of the
4253+25 Department who was required to surrender the license
4254+26 during the term of employment.
4255+
4256+
4257+
4258+
4259+
4260+ SB1866 Enrolled - 120 - LRB103 26535 AMQ 52898 b
4261+
4262+
4263+SB1866 Enrolled- 121 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 121 - LRB103 26535 AMQ 52898 b
4264+ SB1866 Enrolled - 121 - LRB103 26535 AMQ 52898 b
4265+1 Application for renewal must be made within 2 years
4266+2 following the termination of the military service or related
4267+3 education, training, or employment and shall include an
4268+4 affidavit from the licensee of engagement.
4269+5 (g) The Department shall provide reasonable care and due
4270+6 diligence to ensure that each licensee under this Act is
4271+7 provided with a renewal application at least 90 days prior to
4272+8 the expiration date, but timely renewal or conversion of the
4273+9 license prior to its expiration date is the responsibility of
4274+10 the licensee.
4275+11 (h) The Department shall not issue or renew a license if
4276+12 the applicant or licensee has an unpaid fine or fee from a
4277+13 disciplinary matter or from a non-disciplinary action imposed
4278+14 by the Department until the fine or fee is paid to the
4279+15 Department or the applicant or licensee has entered into a
4280+16 payment plan and is current on the required payments.
4281+17 (i) The Department shall not issue or renew a license if
4282+18 the applicant or licensee has an unpaid fine or civil penalty
4283+19 imposed by the Department for unlicensed practice until the
4284+20 fine or civil penalty is paid to the Department or the
4285+21 applicant or licensee has entered into a payment plan and is
4286+22 current on the required payments.
4287+23 (Source: P.A. 101-81, eff. 7-12-19; 102-20, eff. 1-1-22;
4288+24 102-970, eff. 5-27-22.)
4289+25 (225 ILCS 458/10-5)
4290+
4291+
4292+
4293+
4294+
4295+ SB1866 Enrolled - 121 - LRB103 26535 AMQ 52898 b
4296+
4297+
4298+SB1866 Enrolled- 122 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 122 - LRB103 26535 AMQ 52898 b
4299+ SB1866 Enrolled - 122 - LRB103 26535 AMQ 52898 b
4300+1 (Section scheduled to be repealed on January 1, 2027)
4301+2 Sec. 10-5. Scope of practice.
4302+3 (a) This Act does not limit a State certified general real
4303+4 estate appraiser's scope of practice in a federally related
4304+5 transaction. A State certified general real estate appraiser
4305+6 may independently provide appraisal services, review, or
4306+7 consult related to any type of property for which there is
4307+8 related experience or competency by the appraiser. All such
4308+9 appraisal practice must be made in accordance with the
4309+10 provisions of USPAP, criteria established by the AQB, and
4310+11 rules adopted pursuant to this Act.
4311+12 (b) A State certified residential real estate appraiser is
4312+13 limited in scope of practice to the provisions of USPAP,
4313+14 criteria established by the AQB, and the rules adopted
4314+15 pursuant to this Act.
4315+16 (c) A State certified residential real estate appraiser
4316+17 must have a State certified general real estate appraiser who
4317+18 holds a valid license under this Act co-sign all appraisal
4318+19 reports on properties other than one to 4 units of residential
4319+20 real property without regard to transaction value or
4320+21 complexity.
4321+22 (d) An associate real estate trainee appraiser is limited
4322+23 in scope of practice in all transactions or appraisal reports
4323+24 in accordance with the provisions of USPAP, this Act, and the
4324+25 rules adopted pursuant to this Act. In addition, an An
4325+26 associate real estate trainee appraiser shall be required to
4326+
4327+
4328+
4329+
4330+
4331+ SB1866 Enrolled - 122 - LRB103 26535 AMQ 52898 b
4332+
4333+
4334+SB1866 Enrolled- 123 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 123 - LRB103 26535 AMQ 52898 b
4335+ SB1866 Enrolled - 123 - LRB103 26535 AMQ 52898 b
4336+1 have a State certified general real estate appraiser or State
4337+2 certified residential real estate appraiser who holds a valid
4338+3 license under this Act to co-sign all appraisal reports. A
4339+4 supervising appraiser may not supervise more than 3 associate
4340+5 real estate trainee appraisers at one time. Associate real
4341+6 estate trainee appraisers shall not be limited in the number
4342+7 of concurrent supervising appraisers. A chronological
4343+8 appraisal log on an approved log form shall be maintained by
4344+9 the associate real estate trainee appraiser and shall be made
4345+10 available to the Department upon request. Notwithstanding any
4346+11 other provision of this subsection to the contrary, the
4347+12 Appraisal Qualification Board may establish alternative
4348+13 experience requirements as an associate real estate trainee
4349+14 appraiser that is adopted by rule.
4350+15 (Source: P.A. 102-20, eff. 1-1-22.)
4351+16 (225 ILCS 458/10-10)
4352+17 (Section scheduled to be repealed on January 1, 2027)
4353+18 Sec. 10-10. Standards of practice. All persons licensed
4354+19 under this Act must comply with standards of professional
4355+20 appraisal practice adopted by the Department. The Department
4356+21 must adopt, as part of its rules, the Uniform Standards of
4357+22 Professional Appraisal Practice (USPAP) as published from time
4358+23 to time by the Appraisal Standards Board of the Appraisal
4359+24 Foundation. The Department shall consider federal laws and
4360+25 regulations, including, but not limited to, appraisal
4361+
4362+
4363+
4364+
4365+
4366+ SB1866 Enrolled - 123 - LRB103 26535 AMQ 52898 b
4367+
4368+
4369+SB1866 Enrolled- 124 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 124 - LRB103 26535 AMQ 52898 b
4370+ SB1866 Enrolled - 124 - LRB103 26535 AMQ 52898 b
4371+1 qualification board policies and guidelines, regarding the
4372+2 licensure of real estate appraisers prior to adopting its
4373+3 rules for the administration of this Act. When an appraisal
4374+4 obtained through an appraisal management company is used for
4375+5 loan purposes, the borrower or loan applicant shall be
4376+6 provided with a written disclosure of the total compensation
4377+7 to the appraiser or appraisal firm within the body of the
4378+8 appraisal report and it shall not be redacted or otherwise
4379+9 obscured.
4380+10 (Source: P.A. 102-20, eff. 1-1-22.)
4381+11 (225 ILCS 458/15-10)
4382+12 (Section scheduled to be repealed on January 1, 2027)
4383+13 Sec. 15-10. Grounds for disciplinary action.
4384+14 (a) The Department may suspend, revoke, refuse to issue,
4385+15 renew, or restore a license and may reprimand place on
4386+16 probation or administrative supervision, or take any
4387+17 disciplinary or non-disciplinary action, including imposing
4388+18 conditions limiting the scope, nature, or extent of the real
4389+19 estate appraisal practice of a licensee or reducing the
4390+20 appraisal rank of a licensee, and may impose an administrative
4391+21 fine not to exceed $25,000 for each violation upon a licensee
4392+22 or applicant under this Act or any person who holds oneself out
4393+23 as an applicant or licensee for any one or combination of the
4394+24 following:
4395+25 (1) Procuring or attempting to procure a license by
4396+
4397+
4398+
4399+
4400+
4401+ SB1866 Enrolled - 124 - LRB103 26535 AMQ 52898 b
4402+
4403+
4404+SB1866 Enrolled- 125 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 125 - LRB103 26535 AMQ 52898 b
4405+ SB1866 Enrolled - 125 - LRB103 26535 AMQ 52898 b
4406+1 knowingly making a false statement, submitting false
4407+2 information, engaging in any form of fraud or
4408+3 misrepresentation, or refusing to provide complete
4409+4 information in response to a question in an application
4410+5 for licensure.
4411+6 (2) Failing to meet the minimum qualifications for
4412+7 licensure as an appraiser established by this Act.
4413+8 (3) Paying money, other than for the fees provided for
4414+9 by this Act, or anything of value to a member or employee
4415+10 of the Board or the Department to procure licensure under
4416+11 this Act.
4417+12 (4) Conviction of, or plea of guilty or nolo
4418+13 contendere, as enumerated in subsection (e) of Section
4419+14 5-22, under the laws of any jurisdiction of the United
4420+15 States: (i) that is a felony, misdemeanor, or
4421+16 administrative sanction or (ii) that is a crime that
4422+17 subjects the licensee to compliance with the requirements
4423+18 of the Sex Offender Registration Act.
4424+19 (5) Committing an act or omission involving
4425+20 dishonesty, fraud, or misrepresentation with the intent to
4426+21 substantially benefit the licensee or another person or
4427+22 with intent to substantially injure another person as
4428+23 defined by rule.
4429+24 (6) Violating a provision or standard for the
4430+25 development or communication of real estate appraisals as
4431+26 provided in Section 10-10 of this Act or as defined by
4432+
4433+
4434+
4435+
4436+
4437+ SB1866 Enrolled - 125 - LRB103 26535 AMQ 52898 b
4438+
4439+
4440+SB1866 Enrolled- 126 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 126 - LRB103 26535 AMQ 52898 b
4441+ SB1866 Enrolled - 126 - LRB103 26535 AMQ 52898 b
4442+1 rule.
4443+2 (7) Failing or refusing without good cause to exercise
4444+3 reasonable diligence in developing, reporting, or
4445+4 communicating an appraisal, as defined by this Act or by
4446+5 rule.
4447+6 (8) Violating a provision of this Act or the rules
4448+7 adopted pursuant to this Act.
4449+8 (9) Having been disciplined by another state, the
4450+9 District of Columbia, a territory, a foreign nation, a
4451+10 governmental agency, or any other entity authorized to
4452+11 impose discipline if at least one of the grounds for that
4453+12 discipline is the same as or the equivalent of one of the
4454+13 grounds for which a licensee may be disciplined under this
4455+14 Act.
4456+15 (10) Engaging in dishonorable, unethical, or
4457+16 unprofessional conduct of a character likely to deceive,
4458+17 defraud, or harm the public.
4459+18 (11) Accepting an appraisal assignment when the
4460+19 employment itself is contingent upon the appraiser
4461+20 reporting a predetermined estimate, analysis, or opinion
4462+21 or when the fee to be paid is contingent upon the opinion,
4463+22 conclusion, or valuation reached or upon the consequences
4464+23 resulting from the appraisal assignment.
4465+24 (12) Developing valuation conclusions based on the
4466+25 race, color, religion, sex, national origin, ancestry,
4467+26 age, marital status, family status, physical or mental
4468+
4469+
4470+
4471+
4472+
4473+ SB1866 Enrolled - 126 - LRB103 26535 AMQ 52898 b
4474+
4475+
4476+SB1866 Enrolled- 127 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 127 - LRB103 26535 AMQ 52898 b
4477+ SB1866 Enrolled - 127 - LRB103 26535 AMQ 52898 b
4478+1 disability, sexual orientation, pregnancy, order of
4479+2 protection status, military status, or unfavorable
4480+3 military discharge, source of income, or any other
4481+4 protected class as defined under the Illinois Human Rights
4482+5 Act, of the prospective or present owners or occupants of
4483+6 the area or property under appraisal.
4484+7 (13) Violating the confidential nature of government
4485+8 records to which the licensee gained access through
4486+9 employment or engagement as an appraiser by a government
4487+10 agency.
4488+11 (14) Being adjudicated liable in a civil proceeding on
4489+12 grounds of fraud, misrepresentation, or deceit. In a
4490+13 disciplinary proceeding based upon a finding of civil
4491+14 liability, the appraiser shall be afforded an opportunity
4492+15 to present mitigating and extenuating circumstances, but
4493+16 may not collaterally attack the civil adjudication.
4494+17 (15) Being adjudicated liable in a civil proceeding
4495+18 for violation of a state or federal fair housing law.
4496+19 (16) Engaging in misleading or untruthful advertising
4497+20 or using a trade name or insignia of membership in a real
4498+21 estate appraisal or real estate organization of which the
4499+22 licensee is not a member.
4500+23 (17) Failing to fully cooperate with a Department
4501+24 investigation by knowingly making a false statement,
4502+25 submitting false or misleading information, or refusing to
4503+26 provide complete information in response to written
4504+
4505+
4506+
4507+
4508+
4509+ SB1866 Enrolled - 127 - LRB103 26535 AMQ 52898 b
4510+
4511+
4512+SB1866 Enrolled- 128 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 128 - LRB103 26535 AMQ 52898 b
4513+ SB1866 Enrolled - 128 - LRB103 26535 AMQ 52898 b
4514+1 interrogatories or a written request for documentation
4515+2 within 30 days of the request.
4516+3 (18) Failing to include within the certificate of
4517+4 appraisal for all written appraisal reports the
4518+5 appraiser's license number and licensure title. All
4519+6 appraisers providing significant contribution to the
4520+7 development and reporting of an appraisal must be
4521+8 disclosed in the appraisal report. It is a violation of
4522+9 this Act for an appraiser to sign a report, transmittal
4523+10 letter, or appraisal certification knowing that a person
4524+11 providing a significant contribution to the report has not
4525+12 been disclosed in the appraisal report.
4526+13 (19) Violating the terms of a disciplinary order or
4527+14 consent to administrative supervision order.
4528+15 (20) Habitual or excessive use or addiction to
4529+16 alcohol, narcotics, stimulants, or any other chemical
4530+17 agent or drug that results in a licensee's inability to
4531+18 practice with reasonable judgment, skill, or safety.
4532+19 (21) A physical or mental illness or disability which
4533+20 results in the inability to practice under this Act with
4534+21 reasonable judgment, skill, or safety.
4535+22 (22) Gross negligence in developing an appraisal or in
4536+23 communicating an appraisal or failing to observe one or
4537+24 more of the Uniform Standards of Professional Appraisal
4538+25 Practice.
4539+26 (23) A pattern of practice or other behavior that
4540+
4541+
4542+
4543+
4544+
4545+ SB1866 Enrolled - 128 - LRB103 26535 AMQ 52898 b
4546+
4547+
4548+SB1866 Enrolled- 129 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 129 - LRB103 26535 AMQ 52898 b
4549+ SB1866 Enrolled - 129 - LRB103 26535 AMQ 52898 b
4550+1 demonstrates incapacity or incompetence to practice under
4551+2 this Act.
4552+3 (24) Using or attempting to use the seal, certificate,
4553+4 or license of another as one's own; falsely impersonating
4554+5 any duly licensed appraiser; using or attempting to use an
4555+6 inactive, expired, suspended, or revoked license; or
4556+7 aiding or abetting any of the foregoing.
4557+8 (25) Solicitation of professional services by using
4558+9 false, misleading, or deceptive advertising.
4559+10 (26) Making a material misstatement in furnishing
4560+11 information to the Department.
4561+12 (27) Failure to furnish information to the Department
4562+13 upon written request.
4563+14 (b) The Department may reprimand suspend, revoke, or
4564+15 refuse to issue or renew an education provider's license, may
4565+16 reprimand, place on probation, or otherwise discipline an
4566+17 education provider and may suspend or revoke the course
4567+18 approval of any course offered by an education provider and
4568+19 may impose an administrative fine not to exceed $25,000 upon
4569+20 an education provider, for any of the following:
4570+21 (1) Procuring or attempting to procure licensure by
4571+22 knowingly making a false statement, submitting false
4572+23 information, engaging in any form of fraud or
4573+24 misrepresentation, or refusing to provide complete
4574+25 information in response to a question in an application
4575+26 for licensure.
4576+
4577+
4578+
4579+
4580+
4581+ SB1866 Enrolled - 129 - LRB103 26535 AMQ 52898 b
4582+
4583+
4584+SB1866 Enrolled- 130 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 130 - LRB103 26535 AMQ 52898 b
4585+ SB1866 Enrolled - 130 - LRB103 26535 AMQ 52898 b
4586+1 (2) Failing to comply with the covenants certified to
4587+2 on the application for licensure as an education provider.
4588+3 (3) Committing an act or omission involving
4589+4 dishonesty, fraud, or misrepresentation or allowing any
4590+5 such act or omission by any employee or contractor under
4591+6 the control of the provider.
4592+7 (4) Engaging in misleading or untruthful advertising.
4593+8 (5) Failing to retain competent instructors in
4594+9 accordance with rules adopted under this Act.
4595+10 (6) Failing to meet the topic or time requirements for
4596+11 course approval as the provider of a qualifying curriculum
4597+12 course or a continuing education course.
4598+13 (7) Failing to administer an approved course using the
4599+14 course materials, syllabus, and examinations submitted as
4600+15 the basis of the course approval.
4601+16 (8) Failing to provide an appropriate classroom
4602+17 environment for presentation of courses, with
4603+18 consideration for student comfort, acoustics, lighting,
4604+19 seating, workspace, and visual aid material.
4605+20 (9) Failing to maintain student records in compliance
4606+21 with the rules adopted under this Act.
4607+22 (10) Failing to provide a certificate, transcript, or
4608+23 other student record to the Department or to a student as
4609+24 may be required by rule.
4610+25 (11) Failing to fully cooperate with an investigation
4611+26 by the Department by knowingly making a false statement,
4612+
4613+
4614+
4615+
4616+
4617+ SB1866 Enrolled - 130 - LRB103 26535 AMQ 52898 b
4618+
4619+
4620+SB1866 Enrolled- 131 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 131 - LRB103 26535 AMQ 52898 b
4621+ SB1866 Enrolled - 131 - LRB103 26535 AMQ 52898 b
4622+1 submitting false or misleading information, or refusing to
4623+2 provide complete information in response to written
4624+3 interrogatories or a written request for documentation
4625+4 within 30 days of the request.
4626+5 (c) In appropriate cases, the Department may resolve a
4627+6 complaint against a licensee through the issuance of a Consent
4628+7 to Administrative Supervision order. A licensee subject to a
4629+8 Consent to Administrative Supervision order shall be
4630+9 considered by the Department as an active licensee in good
4631+10 standing. This order shall not be reported or considered by
4632+11 the Department to be a discipline of the licensee. The records
4633+12 regarding an investigation and a Consent to Administrative
4634+13 Supervision order shall be considered confidential and shall
4635+14 not be released by the Department except as mandated by law. A
4636+15 complainant shall be notified if the complaint has been
4637+16 resolved by a Consent to Administrative Supervision order.
4638+17 (Source: P.A. 102-20, eff. 1-1-22.)
4639+18 (225 ILCS 458/15-15)
4640+19 (Section scheduled to be repealed on January 1, 2027)
4641+20 Sec. 15-15. Investigation; notice; hearing.
4642+21 (a) Upon the motion of the Department or the Board or upon
4643+22 a complaint in writing of a person setting forth facts that, if
4644+23 proven, would constitute grounds for suspension, revocation,
4645+24 or other disciplinary action, the Department shall investigate
4646+25 the actions or qualifications of any person who is against a
4647+
4648+
4649+
4650+
4651+
4652+ SB1866 Enrolled - 131 - LRB103 26535 AMQ 52898 b
4653+
4654+
4655+SB1866 Enrolled- 132 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 132 - LRB103 26535 AMQ 52898 b
4656+ SB1866 Enrolled - 132 - LRB103 26535 AMQ 52898 b
4657+1 licensee, or applicant for licensure, unlicensed person,
4658+2 person rendering or offering to render appraisal services, or
4659+3 holding or claiming to hold a license under this Act the
4660+4 Department shall investigate the actions of the licensee or
4661+5 applicant. If, upon investigation, the Department believes
4662+6 that there may be cause for suspension, revocation, or other
4663+7 disciplinary action, the Department shall use the services of
4664+8 a State certified general real estate appraiser, a State
4665+9 certified residential real estate appraiser, or the
4666+10 Coordinator to assist in determining whether grounds for
4667+11 disciplinary action exist prior to commencing formal
4668+12 disciplinary proceedings.
4669+13 (b) Formal disciplinary proceedings shall commence upon
4670+14 the issuance of a written complaint describing the charges
4671+15 that are the basis of the disciplinary action and delivery of
4672+16 the detailed complaint to the address of record of the person
4673+17 charged licensee or applicant. For an associate real estate
4674+18 trainee appraiser, a copy shall also be sent to the licensee's
4675+19 supervising appraiser of record. The Department shall notify
4676+20 the person licensee or applicant to file a verified written
4677+21 answer within 20 days after the service of the notice and
4678+22 complaint. The notification shall inform the person licensee
4679+23 or applicant of the right to be heard in person or by legal
4680+24 counsel; that the hearing will be afforded not sooner than 20
4681+25 days after service of the complaint; that failure to file an
4682+26 answer will result in a default being entered against the
4683+
4684+
4685+
4686+
4687+
4688+ SB1866 Enrolled - 132 - LRB103 26535 AMQ 52898 b
4689+
4690+
4691+SB1866 Enrolled- 133 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 133 - LRB103 26535 AMQ 52898 b
4692+ SB1866 Enrolled - 133 - LRB103 26535 AMQ 52898 b
4693+1 person licensee or applicant; that the license may be
4694+2 suspended, revoked, or placed on probationary status; and that
4695+3 other disciplinary action may be taken pursuant to this Act,
4696+4 including limiting the scope, nature, or extent of the
4697+5 licensee's practice. If the person licensee or applicant fails
4698+6 to file an answer after service of notice, the respective
4699+7 license may, at the discretion of the Department, be
4700+8 suspended, revoked, or placed on probationary status and the
4701+9 Department may take whatever disciplinary action it deems
4702+10 proper, including limiting the scope, nature, or extent of the
4703+11 person's practice, without a hearing.
4704+12 (c) At the time and place fixed in the notice, the Board
4705+13 shall conduct hearing of the charges, providing both the
4706+14 accused person charged and the complainant ample opportunity
4707+15 to present in person or by counsel such statements, testimony,
4708+16 evidence, and argument as may be pertinent to the charges or to
4709+17 a defense thereto.
4710+18 (d) The Board shall present to the Secretary a written
4711+19 report of its findings of fact and recommendations. A copy of
4712+20 the report shall be served upon the person licensee or
4713+21 applicant, either personally, by mail, or, at the discretion
4714+22 of the Department, by electronic means. For associate real
4715+23 estate trainee appraisers, a copy shall also be sent to the
4716+24 licensee's supervising appraiser of record. Within 20 days
4717+25 after the service, the person licensee or applicant may
4718+26 present the Secretary with a motion in writing for a rehearing
4719+
4720+
4721+
4722+
4723+
4724+ SB1866 Enrolled - 133 - LRB103 26535 AMQ 52898 b
4725+
4726+
4727+SB1866 Enrolled- 134 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 134 - LRB103 26535 AMQ 52898 b
4728+ SB1866 Enrolled - 134 - LRB103 26535 AMQ 52898 b
4729+1 and shall specify the particular grounds for the request. If
4730+2 the person accused orders a transcript of the record as
4731+3 provided in this Act, the time elapsing thereafter and before
4732+4 the transcript is ready for delivery to the person accused
4733+5 shall not be counted as part of the 20 days. If the Secretary
4734+6 is not satisfied that substantial justice has been done, the
4735+7 Secretary may order a rehearing by the Board or other special
4736+8 committee appointed by the Secretary, may remand the matter to
4737+9 the Board for its reconsideration of the matter based on the
4738+10 pleadings and evidence presented to the Board, or may enter a
4739+11 final order in contravention of the Board's recommendation.
4740+12 Notwithstanding a person's licensee's or applicant's failure
4741+13 to file a motion for rehearing, the Secretary shall have the
4742+14 right to take any of the actions specified in this subsection
4743+15 (d). Upon the suspension or revocation of a license, the
4744+16 licensee shall be required to surrender the respective license
4745+17 to the Department, and upon failure or refusal to do so, the
4746+18 Department shall have the right to seize the license.
4747+19 (e) The Department has the power to issue subpoenas and
4748+20 subpoenas duces tecum to bring before it any person in this
4749+21 State, to take testimony, or to require production of any
4750+22 records relevant to an inquiry or hearing by the Board in the
4751+23 same manner as prescribed by law in judicial proceedings in
4752+24 the courts of this State. In a case of refusal of a witness to
4753+25 attend, testify, or to produce books or papers concerning a
4754+26 matter upon which the witness might be lawfully examined, the
4755+
4756+
4757+
4758+
4759+
4760+ SB1866 Enrolled - 134 - LRB103 26535 AMQ 52898 b
4761+
4762+
4763+SB1866 Enrolled- 135 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 135 - LRB103 26535 AMQ 52898 b
4764+ SB1866 Enrolled - 135 - LRB103 26535 AMQ 52898 b
4765+1 circuit court of the county where the hearing is held, upon
4766+2 application of the Department or any party to the proceeding,
4767+3 may compel obedience by proceedings as for contempt.
4768+4 (f) Any license that is revoked may not be restored for a
4769+5 minimum period of 3 years.
4770+6 (g) In addition to the provisions of this Section
4771+7 concerning the conduct of hearings and the recommendations for
4772+8 discipline, the Department has the authority to negotiate
4773+9 disciplinary and non-disciplinary settlement agreements
4774+10 concerning any license issued under this Act. All such
4775+11 agreements shall be recorded as Consent Orders or Consent to
4776+12 Administrative Supervision Orders.
4777+13 (h) The Secretary shall have the authority to appoint an
4778+14 attorney duly licensed to practice law in the State of
4779+15 Illinois to serve as the hearing officer in any action to
4780+16 suspend, revoke, or otherwise discipline any license issued by
4781+17 the Department. The Hearing Officer shall have full authority
4782+18 to conduct the hearing.
4783+19 (i) The Department, at its expense, shall preserve a
4784+20 record of all formal hearings of any contested case involving
4785+21 the discipline of a license. At all hearings or pre-hearing
4786+22 conferences, the Department and the licensee shall be entitled
4787+23 to have the proceedings transcribed by a certified shorthand
4788+24 reporter. A copy of the transcribed proceedings shall be made
4789+25 available to the licensee by the certified shorthand reporter
4790+26 upon payment of the prevailing contract copy rate.
4791+
4792+
4793+
4794+
4795+
4796+ SB1866 Enrolled - 135 - LRB103 26535 AMQ 52898 b
4797+
4798+
4799+SB1866 Enrolled- 136 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 136 - LRB103 26535 AMQ 52898 b
4800+ SB1866 Enrolled - 136 - LRB103 26535 AMQ 52898 b
4801+1 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
4802+2 (225 ILCS 458/25-10)
4803+3 (Section scheduled to be repealed on January 1, 2027)
4804+4 Sec. 25-10. Real Estate Appraisal Administration and
4805+5 Disciplinary Board; appointment.
4806+6 (a) There is hereby created the Real Estate Appraisal
4807+7 Administration and Disciplinary Board. The Board shall be
4808+8 composed of the Coordinator and 10 persons appointed by the
4809+9 Governor. Members shall be appointed to the Board subject to
4810+10 the following conditions:
4811+11 (1) All appointed members shall have been residents
4812+12 and citizens of this State for at least 5 years prior to
4813+13 the date of appointment.
4814+14 (2) The appointed membership of the Board should
4815+15 reasonably reflect the geographic distribution of the
4816+16 population of the State.
4817+17 (3) Four appointed members shall have been actively
4818+18 engaged and currently licensed as State certified general
4819+19 real estate appraisers for a period of not less than 5
4820+20 years.
4821+21 (4) Three appointed members shall have been actively
4822+22 engaged and currently licensed as State certified
4823+23 residential real estate appraisers for a period of not
4824+24 less than 5 years.
4825+25 (5) One appointed member shall hold a valid license as
4826+
4827+
4828+
4829+
4830+
4831+ SB1866 Enrolled - 136 - LRB103 26535 AMQ 52898 b
4832+
4833+
4834+SB1866 Enrolled- 137 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 137 - LRB103 26535 AMQ 52898 b
4835+ SB1866 Enrolled - 137 - LRB103 26535 AMQ 52898 b
4836+1 a real estate broker for at least 3 years prior to the date
4837+2 of the appointment and shall hold either a valid State
4838+3 certified general real estate appraiser license or a valid
4839+4 State certified residential appraiser license issued under
4840+5 this Act or a predecessor Act for a period of at least 5
4841+6 years prior to the appointment.
4842+7 (6) One appointed member shall be a representative of
4843+8 a financial institution, as evidenced by proof of
4844+9 employment with a financial institution.
4845+10 (7) One appointed member shall represent the interests
4846+11 of the general public. This member or the member's spouse
4847+12 shall not be licensed under this Act nor be employed by or
4848+13 have any financial interest in an appraisal business,
4849+14 appraisal management company, real estate brokerage
4850+15 business, or a financial institution.
4851+16 In making appointments as provided in paragraphs (3) and
4852+17 (4) of this subsection, the Governor shall give due
4853+18 consideration to recommendations by members and organizations
4854+19 representing the profession.
4855+20 In making the appointments as provided in paragraph (5) of
4856+21 this subsection, the Governor shall give due consideration to
4857+22 the recommendations by members and organizations representing
4858+23 the real estate industry.
4859+24 In making the appointment as provided in paragraph (6) of
4860+25 this subsection, the Governor shall give due consideration to
4861+26 the recommendations by members and organizations representing
4862+
4863+
4864+
4865+
4866+
4867+ SB1866 Enrolled - 137 - LRB103 26535 AMQ 52898 b
4868+
4869+
4870+SB1866 Enrolled- 138 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 138 - LRB103 26535 AMQ 52898 b
4871+ SB1866 Enrolled - 138 - LRB103 26535 AMQ 52898 b
4872+1 financial institutions.
4873+2 (b) The members' terms shall be for 4 years or until a
4874+3 successor is appointed. No member shall be reappointed to the
4875+4 Board for a term that would cause the member's cumulative
4876+5 service to the Board to exceed 12 10 years. Appointments to
4877+6 fill vacancies shall be for the unexpired portion of the term.
4878+7 (c) The Governor may terminate the appointment of a member
4879+8 for cause that, in the opinion of the Governor, reasonably
4880+9 justifies the termination. Cause for termination may include,
4881+10 without limitation, misconduct, incapacity, neglect of duty,
4882+11 or missing 4 Board meetings during any one fiscal year.
4883+12 (d) A majority of the Board members shall constitute a
4884+13 quorum. A vacancy in the membership of the Board shall not
4885+14 impair the right of a quorum to exercise all of the rights and
4886+15 perform all of the duties of the Board.
4887+16 (e) The Board shall meet at least monthly and may be
4888+17 convened by the Chairperson, Vice-Chairperson, or 3 members of
4889+18 the Board upon 10 days written notice.
4890+19 (f) The Board shall, annually at the first meeting of the
4891+20 fiscal year, elect a Chairperson and Vice-Chairperson from its
4892+21 members. The Chairperson shall preside over the meetings and
4893+22 shall coordinate with the Coordinator in developing and
4894+23 distributing an agenda for each meeting. In the absence of the
4895+24 Chairperson, the Vice-Chairperson shall preside over the
4896+25 meeting.
4897+26 (g) The Coordinator shall serve as a member of the Board
4898+
4899+
4900+
4901+
4902+
4903+ SB1866 Enrolled - 138 - LRB103 26535 AMQ 52898 b
4904+
4905+
4906+SB1866 Enrolled- 139 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 139 - LRB103 26535 AMQ 52898 b
4907+ SB1866 Enrolled - 139 - LRB103 26535 AMQ 52898 b
4908+1 without vote.
4909+2 (h) The Board shall advise and make recommendations to the
4910+3 Department on the education and experience qualifications of
4911+4 any applicant for initial licensure as a State certified
4912+5 general real estate appraiser or a State certified residential
4913+6 real estate appraiser. The Department shall not make any
4914+7 decisions concerning education or experience qualifications of
4915+8 an applicant for initial licensure as a State certified
4916+9 general real estate appraiser or a State certified residential
4917+10 real estate appraiser without having first received the advice
4918+11 and recommendation of the Board and shall give due
4919+12 consideration to all such advice and recommendations; however,
4920+13 if the Board does not render advice or make a recommendation
4921+14 within a reasonable amount of time, then the Department may
4922+15 render a decision.
4923+16 (i) Except as provided in Section 15-17 of this Act, the
4924+17 Board shall hear and make recommendations to the Secretary on
4925+18 disciplinary matters that require a formal evidentiary
4926+19 hearing. The Secretary shall give due consideration to the
4927+20 recommendations of the Board involving discipline and
4928+21 questions involving standards of professional conduct of
4929+22 licensees.
4930+23 (j) The Department shall seek and the Board shall provide
4931+24 recommendations to the Department consistent with the
4932+25 provisions of this Act and for the administration and
4933+26 enforcement of all rules adopted pursuant to this Act. The
4934+
4935+
4936+
4937+
4938+
4939+ SB1866 Enrolled - 139 - LRB103 26535 AMQ 52898 b
4940+
4941+
4942+SB1866 Enrolled- 140 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 140 - LRB103 26535 AMQ 52898 b
4943+ SB1866 Enrolled - 140 - LRB103 26535 AMQ 52898 b
4944+1 Department shall give due consideration to such
4945+2 recommendations prior to adopting rules.
4946+3 (k) The Department shall seek and the Board shall provide
4947+4 recommendations to the Department on the approval of all
4948+5 courses submitted to the Department pursuant to this Act and
4949+6 the rules adopted pursuant to this Act. The Department shall
4950+7 not approve any courses without having first received the
4951+8 recommendation of the Board and shall give due consideration
4952+9 to such recommendations prior to approving and licensing
4953+10 courses; however, if the Board does not make a recommendation
4954+11 within a reasonable amount of time, then the Department may
4955+12 approve courses.
4956+13 (l) Each voting member of the Board may receive a per diem
4957+14 stipend in an amount to be determined by the Secretary. While
4958+15 engaged in the performance of duties, each member shall be
4959+16 reimbursed for necessary expenses.
4960+17 (m) Members of the Board shall be immune from suit in an
4961+18 action based upon any disciplinary proceedings or other acts
4962+19 performed in good faith as members of the Board.
4963+20 (n) If the Department disagrees with any advice or
4964+21 recommendation provided by the Board under this Section to the
4965+22 Secretary or the Department, then notice of such disagreement
4966+23 must be provided to the Board by the Department.
4967+24 (o) (Blank).
4968+25 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
4969+
4970+
4971+
4972+
4973+
4974+ SB1866 Enrolled - 140 - LRB103 26535 AMQ 52898 b
4975+
4976+
4977+SB1866 Enrolled- 141 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 141 - LRB103 26535 AMQ 52898 b
4978+ SB1866 Enrolled - 141 - LRB103 26535 AMQ 52898 b
4979+1 Section 35. The Appraisal Management Company Registration
4980+2 Act is amended by changing Sections 65, 75, and 95 as follows:
4981+3 (225 ILCS 459/65)
4982+4 Sec. 65. Disciplinary actions.
4983+5 (a) The Department may refuse to issue or renew, or may
4984+6 revoke, suspend, place on probation, reprimand, or take other
4985+7 disciplinary or non-disciplinary action as the Department may
4986+8 deem appropriate, including imposing fines not to exceed
4987+9 $25,000 for each violation upon any registrant or applicant
4988+10 under this Act or entity who holds oneself or itself out as an
4989+11 applicant or registrant , with regard to any registration for
4990+12 any one or combination of the following:
4991+13 (1) Material misstatement in furnishing information to
4992+14 the Department.
4993+15 (2) Violations of this Act, or of the rules adopted
4994+16 under this Act.
4995+17 (3) Conviction of, or entry of a plea of guilty or nolo
4996+18 contendere to any crime that is a felony under the laws of
4997+19 the United States or any state or territory thereof or
4998+20 that is a misdemeanor of which an essential element is
4999+21 dishonesty, or any crime that is directly related to the
5000+22 practice of the profession.
5001+23 (4) Making any misrepresentation for the purpose of
5002+24 obtaining registration or violating any provision of this
5003+25 Act or the rules adopted under this Act pertaining to
5004+
5005+
5006+
5007+
5008+
5009+ SB1866 Enrolled - 141 - LRB103 26535 AMQ 52898 b
5010+
5011+
5012+SB1866 Enrolled- 142 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 142 - LRB103 26535 AMQ 52898 b
5013+ SB1866 Enrolled - 142 - LRB103 26535 AMQ 52898 b
5014+1 advertising.
5015+2 (5) Professional incompetence.
5016+3 (6) Gross malpractice.
5017+4 (7) Aiding or assisting another person in violating
5018+5 any provision of this Act or rules adopted under this Act.
5019+6 (8) Failing, within 30 days after requested, to
5020+7 provide information in response to a written request made
5021+8 by the Department.
5022+9 (9) Engaging in dishonorable, unethical, or
5023+10 unprofessional conduct of a character likely to deceive,
5024+11 defraud, or harm the public.
5025+12 (10) Discipline by another state, District of
5026+13 Columbia, territory, or foreign nation, if at least one of
5027+14 the grounds for the discipline is the same or
5028+15 substantially equivalent to those set forth in this
5029+16 Section.
5030+17 (11) A finding by the Department that the registrant,
5031+18 after having the registrant's his or her registration
5032+19 placed on probationary status, has violated the terms of
5033+20 probation.
5034+21 (12) Willfully making or filing false records or
5035+22 reports in the registrant's his or her practice,
5036+23 including, but not limited to, false records filed with
5037+24 State agencies or departments.
5038+25 (13) Filing false statements for collection of fees
5039+26 for which services are not rendered.
5040+
5041+
5042+
5043+
5044+
5045+ SB1866 Enrolled - 142 - LRB103 26535 AMQ 52898 b
5046+
5047+
5048+SB1866 Enrolled- 143 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 143 - LRB103 26535 AMQ 52898 b
5049+ SB1866 Enrolled - 143 - LRB103 26535 AMQ 52898 b
5050+1 (14) Practicing under a false or, except as provided
5051+2 by law, an assumed name.
5052+3 (15) Fraud or misrepresentation in applying for, or
5053+4 procuring, a registration under this Act or in connection
5054+5 with applying for renewal of a registration under this
5055+6 Act.
5056+7 (16) Being adjudicated liable in a civil proceeding
5057+8 for violation of a state or federal fair housing law.
5058+9 (17) Failure to obtain or maintain the bond required
5059+10 under Section 50 of this Act.
5060+11 (18) Failure to pay appraiser panel fees or appraisal
5061+12 management company national registry fees.
5062+13 (19) Violating the terms of any order issued by the
5063+14 Department.
5064+15 (b) The Department may refuse to issue or may suspend
5065+16 without hearing as provided for in the Civil Administrative
5066+17 Code of Illinois the registration of any person who fails to
5067+18 file a return, or to pay the tax, penalty, or interest shown in
5068+19 a filed return, or to pay any final assessment of the tax,
5069+20 penalty, or interest as required by any tax Act administered
5070+21 by the Illinois Department of Revenue, until such time as the
5071+22 requirements of any such tax Act are satisfied.
5072+23 (c) An appraisal management company shall not be
5073+24 registered or included on the national registry if the
5074+25 company, in whole or in part, directly or indirectly, is owned
5075+26 by a person who has had an appraiser license or certificate
5076+
5077+
5078+
5079+
5080+
5081+ SB1866 Enrolled - 143 - LRB103 26535 AMQ 52898 b
5082+
5083+
5084+SB1866 Enrolled- 144 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 144 - LRB103 26535 AMQ 52898 b
5085+ SB1866 Enrolled - 144 - LRB103 26535 AMQ 52898 b
5086+1 refused, denied, canceled, surrendered in lieu of revocation,
5087+2 or revoked under the Real Estate Appraiser Licensing Act of
5088+3 2002 or the rules adopted under that Act, or similar
5089+4 discipline by another state, the District of Columbia, a
5090+5 territory, a foreign nation, a governmental agency, or an
5091+6 entity authorized to impose discipline if at least one of the
5092+7 grounds for that discipline is the same as or the equivalent of
5093+8 one of the grounds for which a licensee may be disciplined as
5094+9 set forth under this Section.
5095+10 (Source: P.A. 100-604, eff. 7-13-18; 101-81, eff. 7-12-19.)
5096+11 (225 ILCS 459/75)
5097+12 Sec. 75. Investigations; notice and hearing. The
5098+13 Department may investigate the actions of any person who is an
5099+14 applicant or of any person or persons rendering or offering to
5100+15 render any services requiring registration under this Act or
5101+16 any person holding or claiming to hold a registration as an
5102+17 appraisal management company. The Department shall, before
5103+18 revoking, suspending, placing on probation, reprimanding, or
5104+19 taking any other disciplinary or non-disciplinary action under
5105+20 Section 65 of this Act, at least 30 days before the date set
5106+21 for the hearing, (i) notify the person charged accused in
5107+22 writing of the charges made and the time and place for the
5108+23 hearing on the charges, (ii) direct the person him or her to
5109+24 file a written answer to the charges with the Department under
5110+25 oath within 20 days after the service on him or her of the
5111+
5112+
5113+
5114+
5115+
5116+ SB1866 Enrolled - 144 - LRB103 26535 AMQ 52898 b
5117+
5118+
5119+SB1866 Enrolled- 145 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 145 - LRB103 26535 AMQ 52898 b
5120+ SB1866 Enrolled - 145 - LRB103 26535 AMQ 52898 b
5121+1 notice, and (iii) inform the person accused that, if the
5122+2 person he or she fails to answer, default will be entered taken
5123+3 against him or her or that the person's his or her registration
5124+4 may be suspended, revoked, placed on probationary status, or
5125+5 other disciplinary action taken with regard to the
5126+6 registration, including limiting the scope, nature, or extent
5127+7 of the person's his or her practice, as the Department may
5128+8 consider proper. At the time and place fixed in the notice, the
5129+9 Department shall proceed to hear the charges and the parties
5130+10 or their counsel shall be accorded ample opportunity to
5131+11 present any pertinent statements, testimony, evidence, and
5132+12 arguments. The Department may continue the hearing from time
5133+13 to time. In case the person, after receiving the notice, fails
5134+14 to file an answer, the person's his or her registration may, in
5135+15 the discretion of the Department, be suspended, revoked,
5136+16 placed on probationary status, or the Department may take
5137+17 whatever disciplinary action considered proper, including
5138+18 limiting the scope, nature, or extent of the person's practice
5139+19 or the imposition of a fine, without a hearing, if the act or
5140+20 acts charged constitute sufficient grounds for that action
5141+21 under this Act. The written notice may be served by personal
5142+22 delivery or by certified mail or electronic mail to the last
5143+23 address of record or email address of record as provided to
5144+24 specified by the accused in his or her last notification with
5145+25 the Department or, if in the course of the administrative
5146+26 proceeding the party has previously designated a specific
5147+
5148+
5149+
5150+
5151+
5152+ SB1866 Enrolled - 145 - LRB103 26535 AMQ 52898 b
5153+
5154+
5155+SB1866 Enrolled- 146 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 146 - LRB103 26535 AMQ 52898 b
5156+ SB1866 Enrolled - 146 - LRB103 26535 AMQ 52898 b
5157+1 email address at which to accept electronic service for that
5158+2 specific proceeding, by sending a copy by email to the party's
5159+3 email address on record.
5160+4 (Source: P.A. 97-602, eff. 8-26-11.)
5161+5 (225 ILCS 459/95)
5162+6 Sec. 95. Findings and recommendations. At the conclusion
5163+7 of the hearing, the designated hearing officer shall present
5164+8 to the Secretary a written report of his or her findings of
5165+9 fact, conclusions of law, and recommendations. The report
5166+10 shall contain a finding whether or not the accused person
5167+11 charged violated this Act or its rules or failed to comply with
5168+12 the conditions required in this Act or its rules. The hearing
5169+13 officer shall specify the nature of any violations or failure
5170+14 to comply and shall make his or her recommendations to the
5171+15 Secretary. In making recommendations for any disciplinary
5172+16 actions, the hearing officer may take into consideration all
5173+17 facts and circumstances bearing upon the reasonableness of the
5174+18 conduct of the person charged accused and the potential for
5175+19 future harm to the public, including, but not limited to,
5176+20 previous discipline of the accused by the Department, intent,
5177+21 degree of harm to the public and likelihood of harm in the
5178+22 future, any restitution made by the accused, and whether the
5179+23 incident or incidents contained in the complaint appear to be
5180+24 isolated or represent a continuing pattern of conduct. In
5181+25 making his or her recommendations for discipline, the hearing
5182+
5183+
5184+
5185+
5186+
5187+ SB1866 Enrolled - 146 - LRB103 26535 AMQ 52898 b
5188+
5189+
5190+SB1866 Enrolled- 147 -LRB103 26535 AMQ 52898 b SB1866 Enrolled - 147 - LRB103 26535 AMQ 52898 b
5191+ SB1866 Enrolled - 147 - LRB103 26535 AMQ 52898 b
5192+1 officer shall endeavor to ensure that the severity of the
5193+2 discipline recommended is reasonably related to the severity
5194+3 of the violation. The report of findings of fact, conclusions
5195+4 of law, and recommendation of the hearing officer shall be the
5196+5 basis for the Department's order refusing to issue, restore,
5197+6 or renew a registration, or otherwise disciplining a person
5198+7 registrant. If the Secretary disagrees with the
5199+8 recommendations of the hearing officer, the Secretary may
5200+9 issue an order in contravention of the hearing officer
5201+10 recommendations. The finding is not admissible in evidence
5202+11 against the person in a criminal prosecution brought for a
5203+12 violation of this Act, but the hearing and finding are not a
5204+13 bar to a criminal prosecution brought for a violation of this
5205+14 Act.
5206+15 (Source: P.A. 97-602, eff. 8-26-11.)
5207+
5208+
5209+
5210+
5211+
5212+ SB1866 Enrolled - 147 - LRB103 26535 AMQ 52898 b