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| | SB1531 Engrossed | - 2 - | LRB100 05772 SMS 15795 b |
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1 | | real estate appraisers for a period of not less than 5
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2 | | years.
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3 | | (4)
Four Two appointed members shall have been actively |
4 | | engaged and currently
licensed as
State
certified |
5 | | residential real estate appraisers for a period of
not less |
6 | | than 5 years , 2 of whom . (5)
Two appointed members shall |
7 | | hold a valid licenses license as a
real estate brokers or |
8 | | managing brokers
broker for at least 5 10 years prior to |
9 | | the date of the appointment , one of whom
shall hold a valid
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10 | | State certified general real estate appraiser license |
11 | | issued under this Act or a predecessor Act for a period of |
12 | | at
least 5 years prior to the appointment and one of whom |
13 | | shall hold a valid State certified residential real estate |
14 | | appraiser license issued under this Act or a predecessor |
15 | | Act for a period of at
least 5 years prior to the |
16 | | appointment .
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17 | | (5) (6) One appointed member shall be a representative |
18 | | of a financial
institution, as evidenced by his or her |
19 | | employment with a financial
institution.
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20 | | (6) (7) One appointed member shall represent the |
21 | | interests of the general
public. This member or his or her |
22 | | spouse shall not be licensed under this Act
nor be employed |
23 | | by or have any interest in an appraisal business, appraisal |
24 | | management company, real estate
brokerage business, or a |
25 | | financial institution.
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26 | | In making appointments as
provided in paragraphs (3) and |
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1 | | (4) of this subsection, the Governor shall
give due |
2 | | consideration to recommendations by members and organizations
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3 | | representing the profession.
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4 | | In making the appointments as
provided in paragraph (5) of |
5 | | this subsection, the Governor shall give
due consideration to |
6 | | the recommendations by members and organizations
representing |
7 | | the real estate industry.
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8 | | In making the appointment as provided
in paragraph (5) (6) |
9 | | of this subsection, the Governor
shall give due consideration |
10 | | to the recommendations by members and
organizations |
11 | | representing financial institutions.
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12 | | (b) The term for members of the Board shall be 4 years, and |
13 | | each member shall serve until his or her successor is appointed |
14 | | and qualified.
No member shall be reappointed to the Board for |
15 | | a term that would cause his or her cumulative service to the |
16 | | Board to exceed 10 years.
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17 | | (c) The Governor may terminate the appointment of a member |
18 | | for cause that,
in
the opinion of the Governor, reasonably |
19 | | justifies the termination. Cause for
termination may include, |
20 | | without limitation, misconduct, incapacity, neglect of
duty, |
21 | | or missing 4 Board meetings during any one calendar year.
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22 | | (d) A majority of the Board members shall constitute a
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23 | | quorum. A vacancy in the membership of the Board shall not |
24 | | impair the right of
a quorum to exercise all of the rights and |
25 | | perform all of the duties of the
Board.
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26 | | (e) The Board shall meet at least quarterly and may be |
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1 | | convened
by the Chairperson, Vice-Chairperson, or 3 members of |
2 | | the Board upon 10 days
written notice.
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3 | | (f) The Board shall, annually at the first meeting of the |
4 | | fiscal year,
elect a Chairperson and Vice-Chairperson from its
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5 | | members. The Chairperson shall preside over the meetings and |
6 | | shall coordinate
with the Coordinator
in developing and |
7 | | distributing an agenda for each meeting. In the absence of
the |
8 | | Chairperson, the Vice-Chairperson shall preside over the |
9 | | meeting.
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10 | | (g) The Coordinator
of the Real Estate Appraisal Division |
11 | | shall serve as
a member of the Board without vote.
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12 | | (h) The Board shall advise and make recommendations to
the |
13 | | Department
on the education and experience qualifications of |
14 | | any applicant for initial licensure as a State certified |
15 | | general real estate appraiser or a State certified residential |
16 | | real estate appraiser. The Department shall not make any |
17 | | decisions concerning education or experience qualifications of |
18 | | an applicant for initial licensure as a State certified general |
19 | | real estate appraiser or a State certified residential real |
20 | | estate appraiser without having first received the advice and |
21 | | recommendation of the Board and
shall give due consideration to |
22 | | all
such advice and recommendations; however, if the Board does |
23 | | not render advice or make a recommendation within a reasonable |
24 | | amount of time, then the Department may render a decision.
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25 | | (i) Except as provided in Section 15-17 of this Act, the
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26 | | Board shall hear and make recommendations to the
Secretary
on
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1 | | disciplinary matters
that require a formal evidentiary |
2 | | hearing. The Secretary
shall give due
consideration to the
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3 | | recommendations of the Board involving discipline and |
4 | | questions involving
standards of professional
conduct of |
5 | | licensees.
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6 | | (j) The Department shall seek and the Board shall provide
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7 | | recommendations to the Department
consistent with the
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8 | | provisions
of this Act and for the administration and |
9 | | enforcement of all
rules adopted
pursuant to this Act. The |
10 | | Department
shall give due consideration to
such
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11 | | recommendations
prior to adopting rules.
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12 | | (k) The Department shall seek and the Board shall provide
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13 | | recommendations to the Department
on the approval of all |
14 | | courses
submitted to the Department
pursuant to this Act and |
15 | | the rules adopted pursuant to this Act. The Department shall |
16 | | not approve any courses without having first received the |
17 | | recommendation of the Board and
shall
give due consideration to |
18 | | such
recommendations
prior to approving and licensing courses; |
19 | | however, if the Board does not make a recommendation within a |
20 | | reasonable amount of time, then the Department may approve |
21 | | courses.
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22 | | (l) Each voting member of the Board shall receive a per |
23 | | diem stipend in an
amount
to be determined by the Secretary. |
24 | | Each member shall be paid his or her necessary expenses while
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25 | | engaged in the
performance of his or her duties.
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26 | | (m) Members of the Board shall be immune from suit in an |
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1 | | action based upon
any disciplinary
proceedings or other acts |
2 | | performed in good faith as members of the Board.
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3 | | (n) If the Department disagrees with any advice or |
4 | | recommendation provided by the Board under this Section to the |
5 | | Secretary or the Department, then notice of such disagreement |
6 | | must be provided to the Board by the Department.
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7 | | (o) Upon resolution adopted at any Board meeting, the |
8 | | exercise of any Board function, power, or duty enumerated in |
9 | | this Section or in subsection (d) of Section 15-10 of this Act |
10 | | may be suspended. The exercise of any suspended function, |
11 | | power, or duty of the Board may be reinstated by a resolution |
12 | | adopted at a subsequent Board meeting. Any resolution adopted |
13 | | pursuant to this Section shall take effect immediately.
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14 | | (Source: P.A. 98-1109, eff. 1-1-15 .)
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15 | | Section 99. Effective date. This Act takes effect upon |
16 | | becoming law.
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