AUTHORITY: Implementing and authorized by the Appraisal Management Company Registration Act [225 ILCS 459].
SOURCE: Adopted at 37 Ill. Reg. 2649, effective March 4, 2013; amended at 45 Ill. Reg. 4273, effective March 18, 2021.
Section 1452.10 Definitions
Unless otherwise clarified by this Part, definitions set forth in the Act also apply for the purposes of this Part.
"AMC National Registry" means the registry of State-registered AMCs and federally-regulated AMCs maintained by the Appraisal Subcommittee.
"Act" means the Appraisal Management Company Registration Act [225 ILCS 459].
"Applicant" means a person applying for registration under the Act and this Part as an appraisal management company. Any applicant or any person who holds himself or herself out as an applicant is considered a registrant for purposes of enforcement, investigation, hearings and the Illinois Administrative Procedure Act [5 ILCS 100].
"Appraisal management company" or "AMC" means any corporation, limited liability company, partnership, sole proprietorship, subsidiary, unit, or other business entity that directly or indirectly:
provides appraisal management services to creditors or secondary mortgage market participants;
provides appraisal management services in connection with valuing the consumer's principal dwelling as security for a consumer credit transaction (including consumer credit transactions incorporated into securitizations);
within a given year, oversees an appraiser panel of any size of State-certified appraisers in Illinois; and
any appraisal management company that, within a given year, oversees an appraiser panel of 16 or more State-certified appraisers in Illinois or 25 or more State-certified or State-licensed appraisers in 2 or more jurisdictions.
"Appraisal management company" includes a hybrid entity. [225 ILCS 459/10]
An "AMC" shall be subject to the appraisal management company national registry fee in addition to the appraiser panel fee.
"Appraisal management company national registry fee" means the fee, implemented pursuant to Title XI of the federal Financial Institutions Reform, Recovery and Enforcement Act of 1989, for an appraiser management company's national registry. [225 ILCS 459/10]
"Appraisal practice service" means valuation services performed by an individual acting as an appraiser, including, but not limited to, appraisal, appraisal review, or appraisal consulting. [225 ILCS 459/10]
"Appraisal Subcommittee" or "ASC" means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.
"Appraiser panel" means a network, list, or roster of licensed or certified appraisers approved by the appraisal management company or by the end-user client to perform appraisals for the appraisal management company. "Appraiser panel" includes both appraisers accepted by an appraisal management company for consideration for future appraisal assignments and appraisers engaged by an appraisal management company to perform one or more appraisals. [225 ILCS 459/10]
"Appraiser panel fee" means the amount collected from a registrant that, where applicable, includes an appraisal management company's national registry fee. [225 ILCS 459/10]
"Client" means the party or parties who engage an appraiser, by employment or contract, in a specific assignment. [225 ILCS 459/10] If an appraisal management company is the party engaging the appraiser, the appraisal management company is considered the client.
"Comparable property" means any property that has physical, functional and locational similarity to the property under appraisement.
"Covered transaction" means any consumer credit transaction secured by the consumer's principal dwelling.
"Department" means the Department of Financial and Professional Regulation.
"Director" means the Director of the Department of Financial and Professional Regulation-Division of Real Estate.
"Division" means the Department of Financial and Professional Regulation-Division of Real Estate.
"Dodd-Frank Wall Street Reform and Consumer Protection Act" means the federal Act (PL 111-203, HR 4173) signed into law on July 22, 2010.
"EDI" is the acronym for Electronic Data Interchange.
"Factual error" means an omission of a detail or a communication of an erroneous detail that is objective as opposed to subjective in nature.
"Federally regulated appraisal management company" means an appraisal management company that is owned and controlled by an insured depository institution, as defined in 12 USC 1813, or an insured credit union, as defined in 12 USC 1752, and regulated by the Office of the Comptroller of the Currency, the Federal Reserve Board, the National Credit Union Association, or the Federal Deposit Insurance Corporation. [225 ILCS 459/10]
"Non-compete clause" or "covenant not to compete" means an agreement between an appraiser and an appraisal management company that the appraiser will not provide appraisal services on behalf of himself or herself or for a competitor appraisal management company for a specified period of time or in a specific geographic location.
"Original registration" means a first-time application to the Division for a registration.
"Portal" means a point of access for data delivery through the internet.
"Prior written notice" means a period of not less than 30 days in which an appraisal management company must notify an appraiser that he or she has been removed from an appraisal management company's list of approved vendors.
"Registrant" means a person who has been issued a registration under the Act and this Part. Anyone who holds himself or herself out as a registrant or who is accused of unregistered practice is considered a registrant for purposes of enforcement, investigation, hearings and the Illinois Administrative Procedure Act.
"Secretary" means the Secretary of the Department of Financial and Professional Regulation.
"Service request" means any appraisal practice service.
"System in place" means a documented procedure that details how a specific task is carried out.
"Turn time" means an established period of time between the appraiser's acceptance of an assignment and the final delivery of a completed assignment to the appraisal management company.
"USPAP" is the acronym for the Uniform Standards of Professional Appraisal Practice promulgated by the Appraisal Standards Board pursuant to Title XI of the Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 USC 3331 et seq.).
"Webform" means a web page that allows a user to enter data that is sent to a server for processing.
(Source: Amended at 45 Ill. Reg. 4273, effective March 18, 2021)
Section 1452.20 Application for Original Registration
a) An applicant for registration as an appraisal management company shall, in accordance with Sections 35 and 40 of the Act, file an application with the Division, on forms provided by the Division, on which all questions have been answered, together with the following:
1) Company name, address, telephone number, e-mail address and other contact information of the principal office in Illinois where services are provided. A post office box by itself is not acceptable;
2) If the company does not maintain a principal office in Illinois, the address, telephone number, e-mail address and other contact information of its out-of-state office that has responsibility for its Illinois operations (a post office box by itself is not acceptable) and the name of the agent for service of process;
3) The type of business organization.
A) If a sole proprietorship, the name of the owner;
B) If a partnership, a listing of all partners;
C) If a corporation based in Illinois, a copy of the Articles of Incorporation, a proof of good standing issued by the Secretary of State or obtained from the Secretary of State's website within the previous 60 days, and a listing of all persons or business entities and his, her or its contact information and Illinois appraisal license number, if applicable, that hold an ownership interest of 10% or more of the company. If using an assumed name (d/b/a), a copy of the assumed name registration issued by the Secretary of State. If the corporation is a foreign corporation, a copy of the Articles of Incorporation and proof of good standing from the state in which the corporation is domiciled;
D) If a limited liability company, a copy of the Articles of Organization, proof of good standing issued by the Secretary of State or obtained from the Secretary of State's website within the previous 60 days, and a listing of the members of the limited liability company and his, her or its contact information and Illinois appraisal license number, if applicable, that hold an ownership interest of 10% or more of the company;
E) If another type of business entity, the same or similar information, as applicable, to that listed in this subsection (a);
4) The name, address, telephone number, e-mail address and other contact information of the designated controlling person and answers to questions concerning his or her history of convictions for criminal offenses, denial or discipline of a professional license, discharge from military or government service, and delinquency on any student loan, state taxes or child support payments;
5) A signed irrevocable uniform consent to service of process form provided by the Division;
6) A listing of any other states where the company is registered, along with the registration number. A registrant shall have no obligation to update this list after issuance of its registration;
7) The certifications required under Section 40 of the Act;
8) The bond required under Section 50 of the Act and this Part; and
9) The required fee specified in Section 1452.200.
b) The application shall be signed and dated by the designated controlling person.