Rep. Joseph M. Lyons
Filed: 3/23/2010
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1 | AMENDMENT TO HOUSE BILL 6113
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2 | AMENDMENT NO. ______. Amend House Bill 6113 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Foreclosed Home Receiver License Act. | ||||||
6 | Section 5. Purpose. The intent of the General Assembly in | ||||||
7 | enacting this Act is to evaluate the competency of persons, | ||||||
8 | including any entity, engaged in the foreclosed home receiver | ||||||
9 | business and to regulate and license those persons engaged in | ||||||
10 | this business for the protection of the public. | ||||||
11 | Section 10. Definitions. In this Act: | ||||||
12 | "Bank" means any person doing a banking business whether | ||||||
13 | subject to the laws of this State or any other jurisdiction. | ||||||
14 | "Department" means the Department of Financial and | ||||||
15 | Professional Regulation. |
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1 | "Home" means real property that is used or intended to be | ||||||
2 | used as the principal place of residence of one or more | ||||||
3 | individuals. | ||||||
4 | "Foreclosed home receiver" means any person who acts as a | ||||||
5 | receiver of a home foreclosed on by a bank or trust or any | ||||||
6 | person to whom a receiver delegates managerial functions | ||||||
7 | concerning a home foreclosed on by a bank or trust. | ||||||
8 | "Licensee" means a foreclosed home receiver licensed under | ||||||
9 | this Act. | ||||||
10 | "Person" means an individual, corporation, limited | ||||||
11 | liability company, partnership, joint venture, trust, estate, | ||||||
12 | or unincorporated association. | ||||||
13 | "Secretary" means the Secretary of Financial and | ||||||
14 | Professional Regulation. | ||||||
15 | "Trust" means any trust company or any other corporation | ||||||
16 | qualified to act as a fiduciary in this State. | ||||||
17 | Section 15. Exemptions. A full or part-time employee of a | ||||||
18 | bank or trust who acts as a receiver of homes foreclosed on by | ||||||
19 | that bank or trust shall be exempt from licensure under this | ||||||
20 | Act, but must comply with Section 23 of this Act. | ||||||
21 | Section 20. Unlicensed practice; civil penalty. | ||||||
22 | (a) Any person who practices, offers to practice, attempts | ||||||
23 | to practice, or holds himself or herself out to practice as a | ||||||
24 | foreclosed home receiver without being licensed under this Act |
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1 | shall, in addition to any other penalty provided by law, pay a | ||||||
2 | civil penalty to the Department in an amount not to exceed | ||||||
3 | $10,000 for each offense as determined by the Department. The | ||||||
4 | civil penalty shall be assessed by the Department after a | ||||||
5 | hearing is held in accordance with the provisions set forth in | ||||||
6 | this Act regarding the provision of a hearing for the | ||||||
7 | discipline of a licensee. | ||||||
8 | (b) Any licensee under this Act who delegates managerial | ||||||
9 | functions related to the foreclosed home to a person who is not | ||||||
10 | licensed under this Act shall, in addition to any other penalty | ||||||
11 | provided by law, pay a civil penalty to the Department in an | ||||||
12 | amount not to exceed $10,000 for each offense as determined by | ||||||
13 | the Department. The civil penalty shall be assessed by the | ||||||
14 | Department after a hearing is held in accordance with the | ||||||
15 | provisions set forth in this Act regarding the provision of a | ||||||
16 | hearing for the discipline of a licensee. | ||||||
17 | (c) The Department has the authority and power to | ||||||
18 | investigate any and all unlicensed activities. | ||||||
19 | (d) The civil penalty imposed under this Section must be | ||||||
20 | paid within 60 days after the effective date of the order | ||||||
21 | imposing the civil penalty. The order shall constitute a | ||||||
22 | judgment and may be filed and execution had thereon in the same | ||||||
23 | manner as any judgment from any court of record. | ||||||
24 | Section 23. Personal property requirements; public | ||||||
25 | posting. |
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1 | (a) If a foreclosed home receiver takes possession of a | ||||||
2 | foreclosed home, then the foreclosed home receiver shall hold | ||||||
3 | onto and preserve all remaining personal property of the | ||||||
4 | mortgagor or former occupant for at least 30 days or until the | ||||||
5 | mortgagor or occupant releases his or her claim to his or her | ||||||
6 | property in writing, whichever is sooner. The Department may by | ||||||
7 | rule afford exceptions to the requirements of this subsection | ||||||
8 | (a) for perishable items, such as food, or other items that the | ||||||
9 | Department determines may pose a health risk to the public or | ||||||
10 | may risk damage to other personal property or the home itself. | ||||||
11 | (b) The foreclosed home receiver may keep the remaining | ||||||
12 | personal property in the home or store the personal property at | ||||||
13 | another location which shall be reasonably accessible to the | ||||||
14 | public. A mortgagor or former occupant may reclaim his or her | ||||||
15 | personal property free of charge at this location. | ||||||
16 | (c) Upon possession of the foreclosed home, the foreclosed | ||||||
17 | home receiver shall make a public posting at the entrance of | ||||||
18 | the home that notifies the mortgagor or any occupant of the | ||||||
19 | following: | ||||||
20 | (1) The contact information of the receiver, including | ||||||
21 | phone number and address. | ||||||
22 | (2) The full name of the specific individual who is | ||||||
23 | responsible for preserving his or her personal property and | ||||||
24 | the location at which the personal property is stored and | ||||||
25 | may be reclaimed by the mortgagor or occupant, free of | ||||||
26 | charge. |
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1 | (3) The phone number of the Consumer Fraud Hotline of | ||||||
2 | the Illinois Attorney General. | ||||||
3 | The public posting shall include the following language in | ||||||
4 | 12-point boldface capitalized type: | ||||||
5 | THIS HOME HAS BEEN FORECLOSED. | ||||||
6 | THE PERSONAL PROPERTY WITHIN THE HOME MAY BE REDEEMED | ||||||
7 | WITHIN 30 DAYS OF THIS POSTING. | ||||||
8 | DO NOT ENTER THIS HOME - VIOLATORS ARE SUBJECT TO | ||||||
9 | ARREST FOR CRIMINAL TRESPASS. | ||||||
10 | ARRANGEMENTS TO REDEEM THE PERSONAL PROPERTY INSIDE | ||||||
11 | THE HOME MAY BE MADE BY CONTACTING: | ||||||
12 | The requirements of this subsection (c) are in addition to | ||||||
13 | any other provision of State law related to the public posting | ||||||
14 | of information that applies to a foreclosed home receiver. | ||||||
15 | Section 25. Powers and duties of the Department. | ||||||
16 | (a) The Department shall exercise the powers and duties | ||||||
17 | prescribed by the Civil Administrative Code of Illinois for the | ||||||
18 | administration of licensing Acts and shall exercise the powers | ||||||
19 | and duties vested in it by this Act. | ||||||
20 | (b) The Department shall adopt rules necessary for the | ||||||
21 | administration and enforcement of this Act, including rules | ||||||
22 | concerning the standards and criteria for licensure, payment of | ||||||
23 | applicable fees, and hearings. | ||||||
24 | (c) The Department must prescribe forms required for the |
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1 | administration of this Act. | ||||||
2 | Section 35. Licensure requirements. | ||||||
3 | (a) Every person applying to the Department for licensure | ||||||
4 | must do so in writing on forms prescribed by the Department and | ||||||
5 | pay the required nonrefundable fee. The application shall | ||||||
6 | include without limitation all of the following information: | ||||||
7 | (1) The name, principal place of business, address, and | ||||||
8 | telephone number of the applicant. | ||||||
9 | (2) Verification satisfactory to the Department that | ||||||
10 | the applicant is at least 18 years of age. | ||||||
11 | (3) Verification satisfactory to the Department that | ||||||
12 | the applicant does not have a criminal record. | ||||||
13 | (b) The Department may establish further requirements for | ||||||
14 | registration by rule. | ||||||
15 | Section 40. Current address. Every licensee under this Act | ||||||
16 | must maintain a current address with the Department. It shall | ||||||
17 | be the responsibility of the licensee to notify the Department | ||||||
18 | in writing of any change of address. | ||||||
19 | Section 45. Renewal; restoration; military service. | ||||||
20 | (a) The expiration date and renewal period for each license | ||||||
21 | issued under this Act shall be set by the Department by rule. | ||||||
22 | (b) Any person who has permitted his or her license to | ||||||
23 | expire may have his or her license restored by applying to the |
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1 | Department, filing proof acceptable to the Department of his or | ||||||
2 | her fitness to have the license restored, which may include | ||||||
3 | sworn evidence certifying to active practice in another | ||||||
4 | jurisdiction satisfactory to the Department, and paying the | ||||||
5 | required restoration fee. If the person has not maintained an | ||||||
6 | active practice in another jurisdiction satisfactory to the | ||||||
7 | Department, then the Department shall determine, by an | ||||||
8 | evaluation program established by rule, the person's fitness to | ||||||
9 | resume active status and may require the successful completion | ||||||
10 | of an examination. | ||||||
11 | (c) Any person whose license has expired while he or she | ||||||
12 | has been engaged (i) in federal service on active duty with the | ||||||
13 | Armed Forces of the United States or the State Militia called | ||||||
14 | into service or training or (ii) in training or education under | ||||||
15 | the supervision of the United States preliminary to induction | ||||||
16 | into the military service, may have his or her license renewed | ||||||
17 | or restored without paying any lapsed renewal fees if, within 2 | ||||||
18 | years after termination of service, training, or education, | ||||||
19 | other than by dishonorable discharge, he or she furnishes the | ||||||
20 | Department with satisfactory evidence to the effect that he or | ||||||
21 | she has been so engaged and that the service, training, or | ||||||
22 | education has been so terminated. | ||||||
23 | Section 50. Inactive status. | ||||||
24 | (a) Any person who notifies the Department in writing on | ||||||
25 | forms prescribed by the Department may elect to place his or |
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1 | her license on inactive status and shall be excused from | ||||||
2 | payment of renewal fees until he or she notifies the Department | ||||||
3 | in writing of his or her desire to resume active status. | ||||||
4 | (b) Any person whose license has been expired for more than | ||||||
5 | 3 years may have his or her certificate restored by making | ||||||
6 | application to the Department and filing proof acceptable to | ||||||
7 | the Department of his or her fitness to have his or her license | ||||||
8 | restored, including evidence certifying to active practice in | ||||||
9 | another jurisdiction, and by paying the required restoration | ||||||
10 | fee. | ||||||
11 | (c) Any licensee whose license is on inactive status, has | ||||||
12 | been suspended or revoked, or has expired may not represent | ||||||
13 | himself or herself to be a licensed foreclosed home receiver or | ||||||
14 | use the title "licensed foreclosed home receiver". | ||||||
15 | Section 55. Fees; disposition of funds. | ||||||
16 | (a) The Department shall establish by rule a schedule of | ||||||
17 | fees for the administration and maintenance of this Act. Such | ||||||
18 | fees shall be nonrefundable. | ||||||
19 | (b) All fees and fines collected pursuant to this Act shall | ||||||
20 | be deposited in the General Professions Dedicated Fund. All | ||||||
21 | moneys deposited into the Fund may be used for the expenses of | ||||||
22 | the Department in the administration of this Act. | ||||||
23 | Section 60. Roster. The Department shall maintain a roster | ||||||
24 | of the names and addresses of all licensees under this Act. |
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1 | This roster shall be made available upon written request and | ||||||
2 | payment of the required fee. | ||||||
3 | Section 65. Advertising. Any person licensed under this Act | ||||||
4 | may advertise the availability of professional services in the | ||||||
5 | public media or on the premises where such professional | ||||||
6 | services are rendered, provided that such advertising is | ||||||
7 | truthful and not misleading. | ||||||
8 | Section 70. Injunction; criminal penalty; cease and desist | ||||||
9 | order. | ||||||
10 | (a) If any person violates the provisions of this Act, the | ||||||
11 | Secretary may, in the name of the People of the State of | ||||||
12 | Illinois and through the Attorney General or the State's | ||||||
13 | Attorney of any county in which the action is brought, petition | ||||||
14 | for an order enjoining such violation and for an order | ||||||
15 | enforcing compliance with this Act. Upon the filing of a | ||||||
16 | verified petition in court, the court may issue a temporary | ||||||
17 | restraining order, without notice or bond, and may | ||||||
18 | preliminarily and permanently enjoin such violation. If it is | ||||||
19 | established that such person has violated or is violating the | ||||||
20 | injunction, the Court may punish the offender for contempt of | ||||||
21 | court. Proceedings under this Section shall be in addition to, | ||||||
22 | and not in lieu of, all other remedies and penalties provided | ||||||
23 | by this Act. | ||||||
24 | (b) If any person holds himself or herself out as a |
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1 | "licensed foreclosed home receiver" without being licensed | ||||||
2 | under the provisions of this Act, then any interested party or | ||||||
3 | person injured thereby may, in addition to the Secretary, | ||||||
4 | petition for relief as provided in subsection (a) of this | ||||||
5 | Section. | ||||||
6 | (c) Whoever holds himself or herself out as a "licensed | ||||||
7 | foreclosed home receiver" in this State without being licensed | ||||||
8 | for that purpose is guilty of a Class A misdemeanor, and for | ||||||
9 | each subsequent conviction, is guilty of a Class 4 felony. | ||||||
10 | (d) Whenever, in the opinion of the Department, a person | ||||||
11 | violates any provision of this Act, the Department may issue a | ||||||
12 | rule to show cause why an order to cease and desist should not | ||||||
13 | be entered against that person. The rule shall clearly set | ||||||
14 | forth the grounds relied upon by the Department and shall allow | ||||||
15 | the person at least 7 days after the date of the rule to file an | ||||||
16 | answer that is satisfactory to the Department. Failure to | ||||||
17 | answer to the satisfaction of the Department shall cause an | ||||||
18 | order to cease and desist to be issued. | ||||||
19 | Section 75. Disciplinary grounds. | ||||||
20 | (a) The Department may refuse to issue or renew, or may | ||||||
21 | revoke, suspend, place on probation, reprimand, or take other | ||||||
22 | disciplinary action as the Department considers appropriate, | ||||||
23 | including the issuance of fines not to exceed $10,000 for each | ||||||
24 | violation, with regard to any license for any one or more of | ||||||
25 | the following causes: |
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1 | (1) Violation of this Act or any rule adopted under | ||||||
2 | this Act. | ||||||
3 | (2) Conviction of any crime under the laws of any U.S. | ||||||
4 | jurisdiction that is a felony or a misdemeanor an essential | ||||||
5 | element of which is dishonesty or that directly relates to | ||||||
6 | the practice of the profession. | ||||||
7 | (3) Making any misrepresentation for the purpose of | ||||||
8 | obtaining a license. | ||||||
9 | (4) Professional incompetence or gross negligence in
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10 | the practice of building contracting. | ||||||
11 | (5) Gross malpractice, prima facie evidence of which | ||||||
12 | may be a conviction or judgment of malpractice in any court | ||||||
13 | of competent jurisdiction. | ||||||
14 | (6) Aiding or assisting another person in violating
any | ||||||
15 | provision of this Act or any rule adopted under this Act. | ||||||
16 | (7) Failing, within 60 days, to provide information in
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17 | response to a written request made by the Department that | ||||||
18 | has been sent by certified mail to the licensee's last | ||||||
19 | known address. | ||||||
20 | (8) Engaging in dishonorable, unethical, or
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21 | unprofessional conduct of a character likely to deceive, | ||||||
22 | defraud, or harm the public. | ||||||
23 | (9) Habitual or excessive use of or addiction to
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24 | alcohol, narcotics, stimulants, or any other chemical | ||||||
25 | agent or drug that results in the inability to practice | ||||||
26 | with reasonable judgment, skill, or safety. |
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1 | (10) Discipline by another U.S. jurisdiction or | ||||||
2 | foreign nation, if at least one of the grounds for the | ||||||
3 | discipline is the same or substantially equivalent to those | ||||||
4 | set forth in this Section. | ||||||
5 | (11) Directly or indirectly giving to or receiving
from | ||||||
6 | any person, firm, corporation, partnership, or association | ||||||
7 | any fee, commission, rebate, or other form of compensation | ||||||
8 | for any professional service not actually rendered. | ||||||
9 | (12) A finding by the Department that a licensee, after | ||||||
10 | having his or her license placed on probationary status, | ||||||
11 | has violated the terms of probation. | ||||||
12 | (13) Conviction by any court of competent | ||||||
13 | jurisdiction, either within or without this State, of any | ||||||
14 | violation of any law governing the practice of building | ||||||
15 | contracting if the Department determines, after | ||||||
16 | investigation, that such person has not been sufficiently | ||||||
17 | rehabilitated to warrant the public trust. | ||||||
18 | (14) A finding that registration has been applied for | ||||||
19 | or obtained by fraudulent means. | ||||||
20 | (15) Practicing, attempting to practice, or | ||||||
21 | advertising under a name other than the full name as shown | ||||||
22 | on the license or any other legally authorized name. | ||||||
23 | (16) Gross and willful overcharging for professional | ||||||
24 | services, including filing false statements for collection | ||||||
25 | of fees or moneys for which services are not rendered. | ||||||
26 | (17) Failure to file a return, to pay the tax, penalty, |
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1 | or interest shown in a filed return, or to pay any final | ||||||
2 | assessment of tax, penalty, or interest as required by any | ||||||
3 | tax Act administered by the Department of Revenue, until | ||||||
4 | such time as the requirements of the tax Act are satisfied | ||||||
5 | in accordance with subsection (g) of Section 15 of the | ||||||
6 | Department of Professional Regulation Law of the Civil | ||||||
7 | Administrative Code of Illinois (20 ILCS 2105/2105-15). | ||||||
8 | (18) Failure to continue to meet the requirements of | ||||||
9 | this Act. | ||||||
10 | (19) Material misstatement in furnishing information | ||||||
11 | to the Department or to any other State agency. | ||||||
12 | (20) Advertising in any manner that is false, | ||||||
13 | misleading, or deceptive. | ||||||
14 | (b) In enforcing this Section, the Department, upon a | ||||||
15 | showing of a possible violation, may order a licensee or | ||||||
16 | applicant to submit to a mental or physical examination, or | ||||||
17 | both, at the expense of the Department. The Department may | ||||||
18 | order the examining physician to present testimony concerning | ||||||
19 | his or her examination of the licensee or applicant. No | ||||||
20 | information shall be excluded by reason of any common law or | ||||||
21 | statutory privilege relating to communications between the | ||||||
22 | licensee or applicant and the examining physician. The | ||||||
23 | examining physicians shall be specifically designated by the | ||||||
24 | Department. The licensee or applicant may have, at his or her | ||||||
25 | own expense, another physician of his or her choice present | ||||||
26 | during all aspects of the examination. Failure of a licensee or |
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1 | applicant to submit to any such examination when directed, | ||||||
2 | without reasonable cause as defined by rule, shall be grounds | ||||||
3 | for either the immediate suspension of his or her license or | ||||||
4 | immediate denial of his or her application. | ||||||
5 | If the Secretary immediately suspends the license of a | ||||||
6 | licensee for his or her failure to submit to a mental or | ||||||
7 | physical examination when directed, a hearing must be convened | ||||||
8 | by the Department within 15 days after the suspension and | ||||||
9 | completed without appreciable delay. | ||||||
10 | If the Secretary otherwise suspends a license pursuant to | ||||||
11 | the results of the licensee's mental or physical examination, a | ||||||
12 | hearing must be convened by the Department within 15 days after | ||||||
13 | the suspension and completed without appreciable delay. The | ||||||
14 | Department shall have the authority to review the licensee's | ||||||
15 | record of treatment and counseling regarding the relevant | ||||||
16 | impairment or impairments to the extent permitted by applicable | ||||||
17 | federal statutes and regulations safeguarding the | ||||||
18 | confidentiality of medical records. | ||||||
19 | Any licensee suspended under this subsection (b) shall be | ||||||
20 | afforded an opportunity to demonstrate to the Department that | ||||||
21 | he or she can resume practice in compliance with the acceptable | ||||||
22 | and prevailing standards under the provisions of his or her | ||||||
23 | license. | ||||||
24 | (c) The Department shall deny a license or renewal | ||||||
25 | authorized by this Act to a person who has defaulted on an | ||||||
26 | educational loan or scholarship provided or guaranteed by the |
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1 | Illinois Student Assistance Commission or any governmental | ||||||
2 | agency of this State in accordance with subdivision (a)(5) of | ||||||
3 | Section 15 of the Department of Professional Regulation Law of | ||||||
4 | the Civil Administrative Code of Illinois (20 ILCS | ||||||
5 | 2105/2105-15). | ||||||
6 | (d) In cases where the Department of Healthcare and Family | ||||||
7 | Services (formerly the Department of Public Aid) has previously | ||||||
8 | determined that a licensee or a potential licensee is more than | ||||||
9 | 30 days delinquent in the payment of child support and has | ||||||
10 | subsequently certified the delinquency to the Department, the | ||||||
11 | Department may refuse to issue or renew or may revoke or | ||||||
12 | suspend that person's license or may take other disciplinary | ||||||
13 | action against that person based solely upon the certification | ||||||
14 | of delinquency made by the Department of Healthcare and Family | ||||||
15 | Services in accordance with subdivision (a)(5) of Section 15 of | ||||||
16 | the Department of Professional Regulation Law of the Civil | ||||||
17 | Administrative Code of Illinois (20 ILCS 2105/2105-15). | ||||||
18 | Section 80. Investigation; notice of hearing. The | ||||||
19 | Department may investigate the actions or qualifications of any | ||||||
20 | applicant or person holding or claiming to hold a license. The | ||||||
21 | Department shall, before suspending or revoking, placing on | ||||||
22 | probation, reprimanding, or taking any other disciplinary | ||||||
23 | action under Section 75 of this Act, at least 30 days before | ||||||
24 | the date set for the hearing, notify the applicant or licensee | ||||||
25 | in writing of the nature of the charges and that a hearing will |
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1 | be held on the date designated. The written notice may be | ||||||
2 | served by personal delivery or certified mail to the applicant | ||||||
3 | or licensee at the address of his or her last notification to | ||||||
4 | the Department. The Department shall direct the applicant or | ||||||
5 | licensee to file a written answer with the Department, under | ||||||
6 | oath, within 20 days after the service of the notice, and | ||||||
7 | inform the person that if he or she fails to file an answer, | ||||||
8 | his or her certificate may be revoked, suspended, placed on | ||||||
9 | probation, reprimanded, or the Department may take any other | ||||||
10 | additional disciplinary action, including the issuance of | ||||||
11 | fines not to exceed $1,000 for each violation, as the | ||||||
12 | Department may consider necessary, without a hearing. At the | ||||||
13 | time and place fixed in the notice, the Department shall | ||||||
14 | proceed to hear the charges and the parties or their counsel. | ||||||
15 | All parties shall be afforded an opportunity to present any | ||||||
16 | statements, testimony, evidence, and arguments as may be | ||||||
17 | pertinent to the charges or to their defense. The Department | ||||||
18 | may continue the hearing from time to time. | ||||||
19 | Section 120. Restoration of suspended or revoked license. | ||||||
20 | At any time after the suspension or revocation of any license, | ||||||
21 | the Department may restore it to the licensee, unless after an | ||||||
22 | investigation and hearing, the Department determines that | ||||||
23 | restoration is not in the public interest. | ||||||
24 | Section 125. Surrender of license. Upon the revocation or |
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1 | suspension of any license, the licensee shall immediately | ||||||
2 | surrender his or her certificate to the Department. If the | ||||||
3 | licensee fails to do so, the Department has the right to seize | ||||||
4 | the certificate. | ||||||
5 | Section 130. Summary suspension of a license. The Secretary | ||||||
6 | may summarily suspend a license issued under this Act without a | ||||||
7 | hearing, simultaneously with the institution of proceedings | ||||||
8 | for a hearing provided for in this Act, if the Secretary finds | ||||||
9 | that evidence in the possession of the Secretary indicates that | ||||||
10 | the continuation in practice by the licensee would constitute | ||||||
11 | an imminent danger to the public. In the event that the | ||||||
12 | Secretary temporarily suspends the license of an individual | ||||||
13 | without a hearing, a hearing must be held within 30 days after | ||||||
14 | such suspension has occurred. | ||||||
15 | Section 135. Administrative Review Law; venue. | ||||||
16 | (a) All final administrative decisions of the Department | ||||||
17 | are subject to judicial review under the Administrative Review | ||||||
18 | Law and its rules. The term "administrative decision" is | ||||||
19 | defined as in Section 3-101 of the Code of Civil Procedure. | ||||||
20 | (b) Proceedings for judicial review shall be commenced in | ||||||
21 | the circuit court of the county in which the party applying for | ||||||
22 | review resides, but if the party is not a resident of this | ||||||
23 | State, the venue shall be in Sangamon County. |
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1 | Section 140. Certification of record; costs. The | ||||||
2 | Department shall not be required to certify any record to the | ||||||
3 | court or file an answer in court or to otherwise appear in any | ||||||
4 | court in a judicial review proceeding, unless there is filed in | ||||||
5 | the court with the complaint a receipt from the Department | ||||||
6 | acknowledging payment of the costs of furnishing and certifying | ||||||
7 | the record. Failure on the part of the plaintiff to file such | ||||||
8 | receipt in court shall be grounds for dismissal of the action. | ||||||
9 | Section 145. Administrative Procedure Act. The Illinois | ||||||
10 | Administrative Procedure Act is hereby expressly adopted and | ||||||
11 | incorporated herein as if all of the provisions of that Act | ||||||
12 | were included in this Act, except that the provision of | ||||||
13 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||
14 | Procedure Act that provides that at hearings the licensee has | ||||||
15 | the right to show compliance with all lawful requirements for | ||||||
16 | retention, continuation, or renewal of the certificate is | ||||||
17 | specifically excluded. For the purposes of this Act, the notice | ||||||
18 | required under Section 10-25 of the Illinois Administrative | ||||||
19 | Procedure Act is deemed sufficient when mailed to the last | ||||||
20 | known address of a party. | ||||||
21 | Section 150. Home rule. A unit of local government, | ||||||
22 | including a home rule unit, may not regulate the practice of | ||||||
23 | foreclosed home receivers in a manner inconsistent with this | ||||||
24 | Act. This Section is a limitation under subsection (i) of |
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| |||||||
1 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
2 | concurrent exercise by home rule units of powers and functions | ||||||
3 | exercised by the State. | ||||||
4 | Section 900. The Regulatory Sunset Act is amended by | ||||||
5 | renumbering and changing Section 8.31 as follows: | ||||||
6 | (5 ILCS 80/4.31) | ||||||
7 | Sec. 4.31 8.31 . Acts repealed on January 1, 2021. The | ||||||
8 | following Acts are repealed on January 1, 2021: | ||||||
9 | The Crematory Regulation Act. | ||||||
10 | The Cemetery Oversight Act.
| ||||||
11 | The Foreclosed Home Receiver License Act. | ||||||
12 | (Source: P.A. 96-863, eff. 3-1-10; revised 1-24-10.) | ||||||
13 | Section 920. The Code of Civil Procedure is amended by | ||||||
14 | changing Section 15-1702 as follows:
| ||||||
15 | (735 ILCS 5/15-1702) (from Ch. 110, par. 15-1702)
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16 | Sec. 15-1702. Specific Rules of Possession. (a) | ||||||
17 | Mortgagee's Rights. No
mortgagee shall be required to take | ||||||
18 | possession of the mortgaged real
estate, whether upon | ||||||
19 | application made by any other party or otherwise.
Whenever a | ||||||
20 | mortgagee entitled to possession so requests, the court shall
| ||||||
21 | appoint a receiver. The failure of a mortgagee to request | ||||||
22 | possession or
appointment of a receiver shall not preclude a |
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1 | mortgagee otherwise entitled
to possession from making such a | ||||||
2 | request at any future time.
The appointment of a receiver shall | ||||||
3 | not preclude a mortgagee from thereafter
seeking to exercise | ||||||
4 | such mortgagee's right to be placed in possession.
| ||||||
5 | (b) Designation of Receivers. Whenever a receiver is to be | ||||||
6 | appointed,
the mortgagee shall be entitled to designate the | ||||||
7 | receiver. If the mortgagee is a bank or trust, then the | ||||||
8 | mortgagee may only designate a foreclosed home receiver that is | ||||||
9 | licensed under the Foreclosed Home Receiver License Act. If the | ||||||
10 | mortgagor or
any other party to the foreclosure objects to any | ||||||
11 | such designation
or designations and shows good cause, or the | ||||||
12 | court disapproves the
designee, then the mortgagee in such | ||||||
13 | instance shall
be entitled to make another designation.
| ||||||
14 | (c) Rights of Mortgagee Having Priority. If a mortgagee | ||||||
15 | having priority
objects to the proposed possession by a | ||||||
16 | subordinate mortgagee or by a receiver
designated by the | ||||||
17 | subordinate mortgagee, upon entry of a finding in accordance
| ||||||
18 | with subsection (d) of Section 15-1702 the court shall instead | ||||||
19 | place that
objecting mortgagee in possession or, if a receiver | ||||||
20 | is to be designated in
accordance with subsection (b) of | ||||||
21 | Section 15-1702, allow the designation of
the receiver to be | ||||||
22 | made by that objecting mortgagee.
| ||||||
23 | (d) Removal of Mortgagee in Possession. A mortgagee placed | ||||||
24 | in possession
shall not be removed from possession, and no | ||||||
25 | receiver or other mortgagee
shall be placed in possession | ||||||
26 | except upon (i) the mortgagee's misconduct,
death, legal |
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1 | disability or other inability to act, (ii) appointment of a
| ||||||
2 | receiver in accordance with subsection (a) of Section 15-1704 | ||||||
3 | or (iii) a
showing of good cause by a mortgagee having | ||||||
4 | priority. A receiver shall not
be removed solely on account of | ||||||
5 | being designated by a mortgagee later
determined not to have | ||||||
6 | priority.
| ||||||
7 | (e) Determination of Priority. If the court is required to | ||||||
8 | determine
priority for the purposes of subsection (c) of | ||||||
9 | Section 15-1702, a new
determination shall be made each time a | ||||||
10 | mortgagee is to be placed in
possession or a receiver is to be | ||||||
11 | appointed and shall be an interim
determination which shall not | ||||||
12 | preclude the court from making a contrary
determination later | ||||||
13 | in the foreclosure. If the court subsequently shall
make such a | ||||||
14 | contrary determination, a mortgagee in possession or acting
| ||||||
15 | receiver shall not be removed except in accordance with Part 17 | ||||||
16 | of this Article.
| ||||||
17 | (f) Rights to Crops. With respect to any crops growing or | ||||||
18 | to be grown
on the mortgaged real estate, the rights of a | ||||||
19 | holder of any obligation
secured by a collateral assignment of | ||||||
20 | beneficial interest in a land trust,
the rights of a mortgagee | ||||||
21 | in possession, or the rights of a receiver,
including rights by | ||||||
22 | virtue of an equitable lien, shall be subject to a
security | ||||||
23 | interest properly perfected pursuant to
Article 9 of the | ||||||
24 | Uniform Commercial Code, where the holder of a
collateral | ||||||
25 | assignment, mortgagee in possession, or receiver becomes
| ||||||
26 | entitled to crops by obtaining possession on or after the |
| |||||||
| |||||||
1 | effective date of
this Amendatory Act of 1988.
| ||||||
2 | (Source: P.A. 85-1427.)
| ||||||
3 | Section 999. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
|