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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by adding | |||||||||||||||||||
5 | Section 5.970 as follows: | |||||||||||||||||||
6 | (30 ILCS 105/5.970 new) | |||||||||||||||||||
7 | Sec. 5.970. The Division of Real Estate General Fund.
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8 | (30 ILCS 105/5.557 rep.)
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9 | (30 ILCS 105/5.558 rep.)
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10 | (30 ILCS 105/5.742 rep.) | |||||||||||||||||||
11 | Section 10. The State Finance Act is amended by repealing | |||||||||||||||||||
12 | Sections 5.557, 5.558, and 5.742. | |||||||||||||||||||
13 | Section 15. The Auction License Act is amended by changing | |||||||||||||||||||
14 | Sections 10-5, 10-30, 10-50, 20-15, 20-95, 30-13, and 30-30 | |||||||||||||||||||
15 | and by adding Sections 20-11, 20-15.1, 20-16, and 20-105 as | |||||||||||||||||||
16 | follows:
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17 | (225 ILCS 407/10-5)
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18 | (Section scheduled to be repealed on January 1, 2030)
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19 | Sec. 10-5. Requirements for auctioneer license; | |||||||||||||||||||
20 | application. |
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1 | (a) Every
person
who desires
to obtain an auctioneer | ||||||
2 | license under this Act shall:
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3 | (1) apply to the Department on forms provided by the | ||||||
4 | Department accompanied by the required
fee;
| ||||||
5 | (2) be at least 18 years of age;
| ||||||
6 | (3) have attained a high school diploma or | ||||||
7 | successfully completed an
equivalent
course of study | ||||||
8 | determined by an examination conducted by the Illinois | ||||||
9 | State
Board of Education; and
| ||||||
10 | (4) pass a written examination authorized by the | ||||||
11 | Department to
prove
competence, including but not limited | ||||||
12 | to general knowledge of Illinois and
federal laws | ||||||
13 | pertaining
to personal property contracts, auctions, real | ||||||
14 | property, ethics, and other topics relating to the auction
| ||||||
15 | business.
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16 | (b) The Department shall not require applicants to report | ||||||
17 | the following information and shall not consider the following | ||||||
18 | criminal history records in connection with an application for | ||||||
19 | licensure or registration: | ||||||
20 | (1) juvenile adjudications of delinquent minors as | ||||||
21 | defined in Section 5-105 of the Juvenile Court Act of 1987 | ||||||
22 | subject to the restrictions set forth in Section 5-130 of | ||||||
23 | that Act; | ||||||
24 | (2) law enforcement records, court records, and | ||||||
25 | conviction records of an individual who was 17 years old | ||||||
26 | at the time of the offense and before January 1, 2014, |
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1 | unless the nature of the offense required the individual | ||||||
2 | to be tried as an adult; | ||||||
3 | (3) records of arrest not followed by a charge or | ||||||
4 | conviction; | ||||||
5 | (4) records of arrest where the charges were dismissed | ||||||
6 | unless related to the practice of the profession; however, | ||||||
7 | applicants shall not be asked to report any arrests, and | ||||||
8 | an arrest not followed by a conviction shall not be the | ||||||
9 | basis of denial and may be used only to assess an | ||||||
10 | applicant's rehabilitation; | ||||||
11 | (5) convictions overturned by a higher court; or | ||||||
12 | (6) convictions or arrests that have been sealed or | ||||||
13 | expunged. | ||||||
14 | (c) An applicant or licensee shall report to the | ||||||
15 | Department, in a manner prescribed by the Department, and | ||||||
16 | within 30 days after the occurrence if during the term of | ||||||
17 | licensure: (i) any conviction of, or plea of guilty, or nolo | ||||||
18 | contendere to forgery, embezzlement, obtaining money under | ||||||
19 | false pretenses, larceny, extortion, conspiracy to defraud, or | ||||||
20 | any similar offense or offenses or any conviction of a felony | ||||||
21 | involving moral turpitude; or (ii) the entry of an | ||||||
22 | administrative sanction by a government agency in this State | ||||||
23 | or any other jurisdiction that has as an essential element | ||||||
24 | dishonesty or fraud or involves larceny, embezzlement, or | ||||||
25 | obtaining money, property, or credit by false pretenses. | ||||||
26 | (Source: P.A. 101-345, eff. 8-9-19.)
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1 | (225 ILCS 407/10-30)
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2 | (Section scheduled to be repealed on January 1, 2030)
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3 | Sec. 10-30. Expiration, renewal, and continuing education.
| ||||||
4 | (a) License expiration dates, renewal periods, renewal | ||||||
5 | fees, and procedures for renewal of licenses issued under this | ||||||
6 | Act shall be set by rule of the Department. An entity may renew | ||||||
7 | its license by paying the required fee and by meeting the | ||||||
8 | renewal requirements adopted by the Department under this | ||||||
9 | Section.
| ||||||
10 | (b) All renewal applicants must provide proof as | ||||||
11 | determined by the Department of having met the continuing | ||||||
12 | education requirements by the deadline set forth by the | ||||||
13 | Department by rule. At a minimum, the rules shall require an | ||||||
14 | applicant for renewal licensure as an auctioneer to provide | ||||||
15 | proof of the completion of at least 12 hours of continuing | ||||||
16 | education during the pre-renewal period established by the | ||||||
17 | Department for completion of continuing education from schools | ||||||
18 | approved by the Department, as established by rule.
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19 | (c) The Department, in its discretion, may waive | ||||||
20 | enforcement of the continuing education requirements of this | ||||||
21 | Section and shall adopt rules defining the standards and | ||||||
22 | criteria for such waiver.
| ||||||
23 | (d) (Blank).
| ||||||
24 | (e) The Department shall not renew a license if the | ||||||
25 | licensee has an unpaid fine or fee from a disciplinary matter |
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1 | or from a non-disciplinary action imposed by the Department | ||||||
2 | until the fine or fee is paid to the Department or the licensee | ||||||
3 | has entered into a payment plan and is current on the required | ||||||
4 | payments. | ||||||
5 | (f) The Department shall not issue a license if the | ||||||
6 | applicant has an unpaid fine imposed by the Department for | ||||||
7 | unlicensed practice until the fine is paid to the Department | ||||||
8 | or the applicant has entered into a payment plan and is current | ||||||
9 | on the required payments. | ||||||
10 | (Source: P.A. 100-831, eff. 1-1-19 .)
| ||||||
11 | (225 ILCS 407/10-50)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2030)
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13 | Sec. 10-50. Fees; disposition of funds.
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14 | (a) The Department shall establish by rule a schedule of | ||||||
15 | fees for the administration and maintenance of this Act. Such | ||||||
16 | fees shall be nonrefundable. | ||||||
17 | (b) Prior to January 1, 2023, all All fees collected under | ||||||
18 | this Act shall be deposited into the General Professions | ||||||
19 | Dedicated Fund and appropriated to the Department for the | ||||||
20 | ordinary and contingent expenses of the Department in the | ||||||
21 | administration of this Act. Beginning on January 1, 2023, all | ||||||
22 | fees, fines, penalties, or other monies received or collected | ||||||
23 | pursuant to this Act shall be deposited in the Division of Real | ||||||
24 | Estate General Fund.
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25 | (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09 .)
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| |||||||
1 | (225 ILCS 407/20-11 new) | ||||||
2 | Sec. 20-11. Confidentiality. All information collected by | ||||||
3 | the Department in the course of an examination or | ||||||
4 | investigation of a licensee or applicant, including, but not | ||||||
5 | limited to, any complaint against a licensee filed with the | ||||||
6 | Department and information collected to investigate any such | ||||||
7 | complaint, shall be maintained for the confidential use of the | ||||||
8 | Department and shall not be disclosed. The Department may not | ||||||
9 | disclose the information to anyone other than law enforcement | ||||||
10 | officials, other regulatory agencies that have an appropriate | ||||||
11 | regulatory interest as determined by the Secretary, or to a | ||||||
12 | party presenting a lawful subpoena to the Department. | ||||||
13 | Information and documents disclosed to a federal, State, | ||||||
14 | county, or local law enforcement agency shall not be disclosed | ||||||
15 | by the agency for any purpose to any other agency or person. A | ||||||
16 | formal complaint filed against a licensee by the Department or | ||||||
17 | any order issued by the Department against a licensee or | ||||||
18 | applicant shall be a public record, except as otherwise | ||||||
19 | prohibited by law.
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20 | (225 ILCS 407/20-15)
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21 | (Section scheduled to be repealed on January 1, 2030)
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22 | Sec. 20-15. Disciplinary actions; grounds. The Department | ||||||
23 | may refuse to issue
or renew a
license, may place on probation | ||||||
24 | or administrative supervision, suspend, or
revoke any license |
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| |||||||
1 | or may
reprimand or take other disciplinary or | ||||||
2 | non-disciplinary action as the Department may deem proper, | ||||||
3 | including the imposition of fines not to exceed $10,000 for | ||||||
4 | each violation upon anyone licensed under this Act for any of | ||||||
5 | the following reasons:
| ||||||
6 | (1) False or fraudulent representation or material | ||||||
7 | misstatement in
furnishing
information to the Department | ||||||
8 | in obtaining or seeking to obtain a license.
| ||||||
9 | (2) Violation of any provision of this Act or the | ||||||
10 | rules adopted under this
Act.
| ||||||
11 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
12 | contendere , as set forth in subsection (c) of Section | ||||||
13 | 10-5, to any crime that is a felony or misdemeanor under | ||||||
14 | the laws of the United States or any state or territory | ||||||
15 | thereof, or entry of an administrative sanction by a | ||||||
16 | government agency in this State or any other jurisdiction | ||||||
17 | that is a misdemeanor, an essential element of which is | ||||||
18 | dishonesty,
or
any crime that is directly related to the | ||||||
19 | practice of the profession .
| ||||||
20 | (3.5) Failing to notify the Department , of any | ||||||
21 | criminal conviction that occurs during the licensee's term | ||||||
22 | of licensure within 30 days after the occurrence, the | ||||||
23 | information required in subsection (c) of Section 10-5 | ||||||
24 | conviction . | ||||||
25 | (4) Being adjudged to be a person under legal | ||||||
26 | disability or subject to
involuntary
admission or to meet |
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1 | the standard for judicial admission as provided in the
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2 | Mental Health and
Developmental Disabilities Code.
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3 | (5) Discipline of a licensee by another state, the | ||||||
4 | District of Columbia, a
territory of
the United States, a | ||||||
5 | foreign nation, a governmental agency, or any other entity
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6 | authorized to impose
discipline if at least one of the | ||||||
7 | grounds for that discipline is the same as or
the | ||||||
8 | equivalent to one of
the grounds for discipline set forth | ||||||
9 | in this Act or for failing to report to
the Department, | ||||||
10 | within 30 days,
any adverse final action taken against the | ||||||
11 | licensee by any other licensing
jurisdiction,
government | ||||||
12 | agency, law enforcement agency, or court, or liability for | ||||||
13 | conduct
that would constitute
grounds for action as set | ||||||
14 | forth in this Act.
| ||||||
15 | (6) Engaging in the practice of auctioneering, | ||||||
16 | conducting an auction, or
providing an
auction service | ||||||
17 | without a license or after the license was expired, | ||||||
18 | revoked,
suspended, or terminated
or while the license was | ||||||
19 | inoperative.
| ||||||
20 | (7) Attempting to subvert or cheat on the auctioneer | ||||||
21 | exam or any
continuing
education exam, or aiding or | ||||||
22 | abetting another to do the same.
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23 | (8) Directly or indirectly giving to or receiving from | ||||||
24 | a person, firm,
corporation,
partnership, or association a | ||||||
25 | fee, commission, rebate, or other form of
compensation for | ||||||
26 | professional
service not actually or personally rendered, |
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1 | except that an auctioneer licensed under this Act may | ||||||
2 | receive a fee from another licensed auctioneer from this | ||||||
3 | State or jurisdiction for the referring of a client or | ||||||
4 | prospect for auction services to the licensed auctioneer.
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5 | (9) Making any substantial misrepresentation or | ||||||
6 | untruthful advertising.
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7 | (10) Making any false promises of a character likely | ||||||
8 | to influence,
persuade,
or
induce.
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9 | (11) Pursuing a continued and flagrant course of | ||||||
10 | misrepresentation or the
making of
false promises through | ||||||
11 | a licensee, agent, employee, advertising, or otherwise.
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12 | (12) Any misleading or untruthful advertising, or | ||||||
13 | using any trade name or
insignia
of membership in any | ||||||
14 | auctioneer association or organization of which the
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15 | licensee is not a member.
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16 | (13) Commingling funds of others with the licensee's | ||||||
17 | his or her own funds or failing to
keep
the
funds of others | ||||||
18 | in an escrow or trustee account.
| ||||||
19 | (14) Failure to account for, remit, or return any | ||||||
20 | moneys, property, or
documents
coming into the licensee's | ||||||
21 | his or her possession that belong to others, acquired | ||||||
22 | through the
practice of
auctioneering, conducting an | ||||||
23 | auction, or providing an auction service within 30
days of | ||||||
24 | the written
request from the owner of said moneys, | ||||||
25 | property, or documents.
| ||||||
26 | (15) Failure to maintain and deposit into a special |
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1 | account, separate and
apart from
any personal or other | ||||||
2 | business accounts, all moneys belonging to others
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3 | entrusted to a licensee while
acting as an auctioneer, | ||||||
4 | auction firm, or as a temporary
custodian of the funds
of | ||||||
5 | others.
| ||||||
6 | (16) Failure to make available to Department
personnel | ||||||
7 | during normal business
hours
all
escrow and trustee | ||||||
8 | records and related documents maintained in connection | ||||||
9 | with
the practice of
auctioneering, conducting an auction, | ||||||
10 | or providing an auction service within 24
hours after a | ||||||
11 | request
from Department personnel.
| ||||||
12 | (17) Making or filing false records or reports in the | ||||||
13 | licensee's his or her practice,
including but not
limited | ||||||
14 | to false records or reports filed with State agencies.
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15 | (18) Failing to voluntarily furnish copies of all | ||||||
16 | written instruments
prepared by the
auctioneer and signed | ||||||
17 | by all parties to all parties at the time of execution.
| ||||||
18 | (19) Failing to provide information within 30 days in | ||||||
19 | response to a
written
request
made by the Department.
| ||||||
20 | (20) Engaging in any act that constitutes a violation | ||||||
21 | of Section 2-102,
3-103, or
3-105 of the Illinois Human | ||||||
22 | Rights Act.
| ||||||
23 | (21) (Blank).
| ||||||
24 | (22) Engaging in dishonorable, unethical, or | ||||||
25 | unprofessional conduct of a
character
likely to deceive, | ||||||
26 | defraud, or harm the public.
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1 | (23) Offering or advertising real estate for sale or | ||||||
2 | lease at auction
without
a valid
broker or managing | ||||||
3 | broker's license under the Real Estate License Act of | ||||||
4 | 1983, or
any successor Act,
unless exempt from licensure | ||||||
5 | under the terms of the Real Estate License Act of 2000, or | ||||||
6 | any
successor Act, except as provided in Section 5-32 of | ||||||
7 | the Real Estate License Act of 2000.
| ||||||
8 | (24) Inability to practice the profession with | ||||||
9 | reasonable judgment, skill, or safety as a result of a | ||||||
10 | physical illness, including, but not limited to, | ||||||
11 | deterioration through the aging process or loss of motor | ||||||
12 | skill, or a mental illness , or disability. | ||||||
13 | (25) A pattern of practice or other behavior that
| ||||||
14 | demonstrates incapacity or incompetence to practice under | ||||||
15 | this Act. | ||||||
16 | (26) Being named as a perpetrator in an indicated
| ||||||
17 | report by the Department of Children and Family Services | ||||||
18 | under the Abused and Neglected Child Reporting Act and | ||||||
19 | upon proof by clear and convincing evidence that the | ||||||
20 | licensee has caused a child to be an abused child or a | ||||||
21 | neglected child as defined in the Abused and Neglected | ||||||
22 | Child Reporting Act. | ||||||
23 | (27) Inability to practice with reasonable judgment, | ||||||
24 | skill, or safety as a result of habitual or excessive use | ||||||
25 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
26 | other chemical agent or drug. |
| |||||||
| |||||||
1 | (28) Willfully failing to report an instance of
| ||||||
2 | suspected child abuse or neglect as required by the Abused | ||||||
3 | and Neglected Child Reporting Act. | ||||||
4 | The entry of an order by a circuit court establishing that | ||||||
5 | any person holding a license under this Act is subject to | ||||||
6 | involuntary admission or judicial admission, as provided in | ||||||
7 | the Mental Health and Developmental Disabilities Code, | ||||||
8 | operates as an automatic suspension of that license. That | ||||||
9 | person may have his or her license restored only upon the | ||||||
10 | determination by a circuit court that the patient is no longer | ||||||
11 | subject to involuntary admission or judicial admission and the | ||||||
12 | issuance of an order so finding and discharging the patient | ||||||
13 | and upon the Board's recommendation to the Department that the | ||||||
14 | license be restored. Where circumstances so indicate, the | ||||||
15 | Board may recommend to the Department that it require an | ||||||
16 | examination prior to restoring a suspended license. | ||||||
17 | If the Department or Board finds an individual unable to | ||||||
18 | practice because of the reasons set forth in this Section, the | ||||||
19 | Department or Board may require that individual to submit to | ||||||
20 | care, counseling, or treatment by physicians approved or | ||||||
21 | designated by the Department or Board, as a condition, term, | ||||||
22 | or restriction for continued, reinstated, or renewed licensure | ||||||
23 | to practice; or, in lieu of care, counseling, or treatment, | ||||||
24 | the Department may file, or the Board may recommend to the | ||||||
25 | Department to file, a complaint to immediately suspend, | ||||||
26 | revoke, or otherwise discipline the license of the individual. |
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1 | An individual whose license was granted, continued, | ||||||
2 | reinstated, renewed, disciplined or supervised subject to such | ||||||
3 | terms, conditions, or restrictions, and who fails to comply | ||||||
4 | with such terms, conditions, or restrictions, shall be | ||||||
5 | referred to the Secretary for a determination as to whether | ||||||
6 | the individual shall have his or her license suspended | ||||||
7 | immediately, pending a hearing by the Department. If the | ||||||
8 | Secretary immediately suspends a person's license under this | ||||||
9 | Section, a hearing on that person's license must be convened | ||||||
10 | by the Department within 21 days after the suspension and | ||||||
11 | completed without appreciable delay. The Department and Board | ||||||
12 | shall have the authority to review the subject individual's | ||||||
13 | record of treatment and counseling regarding the impairment to | ||||||
14 | the extent permitted by applicable federal statutes and | ||||||
15 | regulations safeguarding the confidentiality of medical | ||||||
16 | records. | ||||||
17 | An individual licensed under this Act and affected under | ||||||
18 | this Section shall be afforded an opportunity to demonstrate | ||||||
19 | to the Department or Board that he or she can resume practice | ||||||
20 | in compliance with acceptable and prevailing standards under | ||||||
21 | his or her license. | ||||||
22 | In enforcing this Section, the Department or Board, upon a | ||||||
23 | showing of a possible violation, may compel an individual | ||||||
24 | licensed to practice under this Act, or who has applied for | ||||||
25 | licensure under this Act, to submit to a mental or physical | ||||||
26 | examination, or both, as required by and at the expense of the |
| |||||||
| |||||||
1 | Department. The Department or Board may order the examining | ||||||
2 | physician to present testimony concerning the mental or | ||||||
3 | physical examination of the licensee or applicant. No | ||||||
4 | information shall be excluded by reason of any common law or | ||||||
5 | statutory privilege relating to communications between the | ||||||
6 | licensee or applicant and the examining physician. The | ||||||
7 | examining physicians shall be specifically designated by the | ||||||
8 | Board or Department. The individual to be examined may have, | ||||||
9 | at his or her own expense, another physician of his or her | ||||||
10 | choice present during all aspects of this examination. Failure | ||||||
11 | of an individual to submit to a mental or physical examination | ||||||
12 | when directed shall be grounds for suspension of his or her | ||||||
13 | license until the individual submits to the examination, if | ||||||
14 | the Department finds that, after notice and hearing, the | ||||||
15 | refusal to submit to the examination was without reasonable | ||||||
16 | cause.
| ||||||
17 | (Source: P.A. 101-345, eff. 8-9-19.)
| ||||||
18 | (225 ILCS 407/20-15.1 new) | ||||||
19 | Sec. 20-15.1. Citations. | ||||||
20 | (a) The Department may adopt rules to permit the issuance | ||||||
21 | of citations to any licensee for failure to comply with the | ||||||
22 | continuing education requirements set forth in this Act or as | ||||||
23 | established by rule. The citation shall be issued to the | ||||||
24 | licensee and shall contain the licensee's name and address, | ||||||
25 | the licensee's license number, the number of required hours of |
| |||||||
| |||||||
1 | continuing education that have not been successfully completed | ||||||
2 | by the licensee within the renewal period, and the penalty | ||||||
3 | imposed, which shall not exceed $2,000. The issuance of any | ||||||
4 | such citation shall not excuse the licensee from completing | ||||||
5 | all continuing education required for that renewal period. | ||||||
6 | (b) Service of a citation shall be made in person, | ||||||
7 | electronically, or by mail to the licensee at the licensee's | ||||||
8 | address of record or email address of record, and must clearly | ||||||
9 | state that if the cited licensee wishes to dispute the | ||||||
10 | citation, they may make a written request, within 30 days | ||||||
11 | after the citation is served, for a hearing before the | ||||||
12 | Department. If the cited licensee does not request a hearing | ||||||
13 | within 30 days after the citation is served, then the citation | ||||||
14 | shall become a final, non-disciplinary order, and any fine | ||||||
15 | imposed is due and payable within 60 days after that final | ||||||
16 | order. If the cited licensee requests a hearing within 30 days | ||||||
17 | after the citation is served, the Department shall afford the | ||||||
18 | cited licensee a hearing conducted in the same manner as a | ||||||
19 | hearing provided for in this Act for any violation of this Act | ||||||
20 | and shall determine whether the cited licensee committed the | ||||||
21 | violation as charged and whether the fine as levied is | ||||||
22 | warranted. If the violation is found, any fine shall | ||||||
23 | constitute non-public discipline and be due and payable within | ||||||
24 | 30 days after the order of the Secretary, which shall | ||||||
25 | constitute a final order of the Department. No change in | ||||||
26 | license status may be made by the Department until a final |
| |||||||
| |||||||
1 | order of the Department has been issued. | ||||||
2 | (c) Payment of a fine that has been assessed pursuant to | ||||||
3 | this Section shall not constitute disciplinary action | ||||||
4 | reportable on the Department's website or elsewhere unless a | ||||||
5 | licensee has previously received 2 or more citations and been | ||||||
6 | assessed 2 or more fines. | ||||||
7 | (d) Nothing in this Section shall prohibit or limit the | ||||||
8 | Department from taking further action pursuant to this Act and | ||||||
9 | rules for additional, repeated, or continuing violations. | ||||||
10 | (225 ILCS 407/20-16 new) | ||||||
11 | Sec. 20-16. Illegal discrimination. When there has been an | ||||||
12 | adjudication in a civil or criminal proceeding that a licensee | ||||||
13 | has illegally discriminated while engaged in any activity for | ||||||
14 | which a license is required under this Act, the Department, | ||||||
15 | upon the recommendation of the Board as to the extent of the | ||||||
16 | suspension or revocation, shall suspend or revoke the license | ||||||
17 | of that licensee in a timely manner, unless the adjudication | ||||||
18 | is in the appeal process. When there has been an order in an | ||||||
19 | administrative proceeding finding that a licensee has | ||||||
20 | illegally discriminated while engaged in any activity for | ||||||
21 | which a license is required under this Act, the Department, | ||||||
22 | upon recommendation of the Board as to the nature and extent of | ||||||
23 | the discipline, shall take one or more of the disciplinary | ||||||
24 | actions provided for in Section 20-15 in a timely manner, | ||||||
25 | unless the administrative order is in the appeal process.
|
| |||||||
| |||||||
1 | (225 ILCS 407/20-95)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
3 | Sec. 20-95. Returned checks and dishonored credit card | ||||||
4 | charges ; fine. A person who : (i) delivers a check or
other
| ||||||
5 | payment to the Department that is returned to the Department | ||||||
6 | unpaid by the financial institution upon which it
is drawn ; or | ||||||
7 | (ii) presents a credit or debit card for payment that is | ||||||
8 | invalid or expired or against which charges by the Department | ||||||
9 | are declined or dishonored, shall pay
to the Department, in | ||||||
10 | addition to the amount already owed to the Department, a fee of | ||||||
11 | $50. The Department shall
notify the person that the his or her | ||||||
12 | check has been returned and that the person
shall pay to the | ||||||
13 | Department by
certified check or money order the amount of the | ||||||
14 | returned check plus the $50
fee within 30 calendar
days after | ||||||
15 | the date of the notification. If, after the expiration of 30
| ||||||
16 | calendar days of the notification,
the person has failed to | ||||||
17 | submit the necessary remittance, the Department shall
| ||||||
18 | automatically terminate the
license or deny the application | ||||||
19 | without a hearing. If, after termination or
denial, the person | ||||||
20 | seeks
a license, the applicant or licensee he or she shall | ||||||
21 | petition the Department for restoration or issuance of the | ||||||
22 | license and he or she may be
subject to additional
discipline | ||||||
23 | or fines. The Secretary may waive the fines due under this
| ||||||
24 | Section in individual
cases where the Secretary finds that the | ||||||
25 | fines would be unreasonable or
unnecessarily
burdensome.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-572, eff. 6-1-08 .)
| ||||||
2 | (225 ILCS 407/20-105 new) | ||||||
3 | Sec. 20-105. No private right of action. Except as | ||||||
4 | otherwise expressly provided for in this Act, nothing in this | ||||||
5 | Act shall be construed to grant to any person a private right | ||||||
6 | of action to enforce the provisions of this Act or the rules | ||||||
7 | adopted under this Act. | ||||||
8 | (225 ILCS 407/30-13) | ||||||
9 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
10 | Sec. 30-13. The Division of Real Estate General | ||||||
11 | Professions Dedicated Fund. Prior to January 1, 2023, all All | ||||||
12 | of the fees, fines, and penalties collected under this Act | ||||||
13 | shall be deposited into the General Professions Dedicated | ||||||
14 | Fund. Prior to January 1, 2023, the The monies deposited into | ||||||
15 | the General Professions Dedicated Fund shall be used by the | ||||||
16 | Department, as appropriated, for the ordinary and contingent | ||||||
17 | expenses of the Department. Monies in the General Professions | ||||||
18 | Dedicated Fund may be invested and reinvested, with all | ||||||
19 | earnings received from investments to be deposited into that | ||||||
20 | Fund and used for the same purposes as fees deposited in that | ||||||
21 | Fund.
| ||||||
22 | Beginning on January 1, 2023, all of the fees, fines, and | ||||||
23 | penalties collected under this Act shall be deposited into the | ||||||
24 | Division of Real Estate General Fund. The monies deposited |
| |||||||
| |||||||
1 | into the Division of Real Estate General Fund shall be used by | ||||||
2 | the Department, as appropriated, for the ordinary and | ||||||
3 | contingent expenses of the Department. Monies in the Division | ||||||
4 | of Real Estate General Fund may be invested and reinvested, | ||||||
5 | with all earnings received from investments to be deposited | ||||||
6 | into that Fund and used for the same purposes as fees deposited | ||||||
7 | in that Fund. | ||||||
8 | (Source: P.A. 96-730, eff. 8-25-09 .)
| ||||||
9 | (225 ILCS 407/30-30)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
11 | Sec. 30-30. Auction Advisory Board.
| ||||||
12 | (a) There is hereby created the Auction Advisory Board. | ||||||
13 | The Advisory Board
shall consist
of 7 members and shall be | ||||||
14 | appointed by the Secretary. In making the
appointments, the | ||||||
15 | Secretary shall give due consideration to the recommendations | ||||||
16 | by members and
organizations
of the industry, including but | ||||||
17 | not limited to the Illinois State Auctioneers
Association. | ||||||
18 | Five
members of the Advisory Board shall be licensed | ||||||
19 | auctioneers , except that for
the initial
appointments, these | ||||||
20 | members may be persons without a license, but who have been
| ||||||
21 | auctioneers for
at least 5 years preceding their appointment | ||||||
22 | to the Advisory Board . One member
shall be a public
member who | ||||||
23 | represents the interests of consumers and who is not licensed | ||||||
24 | under
this Act or the
spouse of a person licensed under this | ||||||
25 | Act or who has any responsibility for
management or
formation |
| |||||||
| |||||||
1 | of policy of or any financial interest in the auctioneering
| ||||||
2 | profession or any other
connection with the profession . One | ||||||
3 | member shall be actively engaged in the
real estate industry
| ||||||
4 | and licensed as a broker or managing broker salesperson . The | ||||||
5 | Advisory Board shall annually elect , at its first meeting of | ||||||
6 | the fiscal year, one of its members to serve as Chairperson.
| ||||||
7 | (b) The members' terms shall be for 4 years and until a | ||||||
8 | successor is appointed expire upon completion of the term . No | ||||||
9 | member shall be reappointed to the Board for a term that would | ||||||
10 | cause the member's his or her cumulative service to the Board | ||||||
11 | to exceed 10 years. Appointments to fill vacancies shall be | ||||||
12 | made by the Secretary for the unexpired portion of the term. To | ||||||
13 | the extent practicable, the Secretary
shall
appoint members to | ||||||
14 | ensure that the various geographic regions of the State are
| ||||||
15 | properly represented
on the Advisory Board.
| ||||||
16 | (c) Four Board members shall
constitute a
quorum. A quorum | ||||||
17 | is required for all Board decisions. A vacancy in the | ||||||
18 | membership of the Board shall not impair the right of a quorum | ||||||
19 | to exercise all of the rights and perform all of the duties of | ||||||
20 | the Board.
| ||||||
21 | (d) Each member of the Advisory Board may shall receive a | ||||||
22 | per diem stipend in an
amount to be
determined by the | ||||||
23 | Secretary. While engaged in the performance of duties, each | ||||||
24 | Each member shall be reimbursed for paid his or her necessary
| ||||||
25 | expenses while
engaged in the performance of his or her | ||||||
26 | duties .
|
| |||||||
| |||||||
1 | (e) Members of the Advisory Board shall be immune from | ||||||
2 | suit in an action
based
upon any
disciplinary proceedings or | ||||||
3 | other acts performed in good faith as members of
the Advisory | ||||||
4 | Board.
| ||||||
5 | (f) The Advisory Board shall meet as convened by the | ||||||
6 | Department.
| ||||||
7 | (g) The Advisory Board shall advise the Department on | ||||||
8 | matters of licensing and
education and
make recommendations to | ||||||
9 | the Department on those matters and shall hear and make
| ||||||
10 | recommendations
to the Secretary on disciplinary matters that | ||||||
11 | require a formal evidentiary
hearing.
| ||||||
12 | (h) The Secretary shall give due consideration to all | ||||||
13 | recommendations of
the
Advisory
Board.
| ||||||
14 | (Source: P.A. 100-886, eff. 8-14-18 .)
| ||||||
15 | Section 20. The Community Association Manager Licensing | ||||||
16 | and Disciplinary Act is amended by changing Sections 10, 25, | ||||||
17 | 55, 60, and 65 as follows: | ||||||
18 | (225 ILCS 427/10) | ||||||
19 | (Section scheduled to be repealed on January 1, 2027) | ||||||
20 | Sec. 10. Definitions. As used in this Act: | ||||||
21 | "Address of record" means the designated street address, | ||||||
22 | which may not be a post office box, recorded by the Department | ||||||
23 | in the applicant's or licensee's application file or license | ||||||
24 | file maintained by the Department. |
| |||||||
| |||||||
1 | "Advertise" means, but is not limited to, issuing or | ||||||
2 | causing to be distributed any card, sign or device to any | ||||||
3 | person; or causing, permitting or allowing any sign or marking | ||||||
4 | on or in any building, structure, newspaper, magazine or | ||||||
5 | directory, or on radio or television; or advertising by any | ||||||
6 | other means designed to secure public attention, including, | ||||||
7 | but not limited to, print, electronic, social media, and | ||||||
8 | digital forums. | ||||||
9 | "Board" means the Community Association Manager Licensing | ||||||
10 | and Disciplinary Board. | ||||||
11 | "Community association" means an association in which | ||||||
12 | membership is a condition of ownership or shareholder interest | ||||||
13 | of a unit in a condominium, cooperative, townhouse, villa, or | ||||||
14 | other residential unit which is part of a residential | ||||||
15 | development plan and that is authorized to impose an | ||||||
16 | assessment, rents, or other costs that may become a lien on the | ||||||
17 | unit or lot. | ||||||
18 | "Community association funds" means any assessments, fees, | ||||||
19 | fines, or other funds collected by the community association | ||||||
20 | manager from the community association, or its members, other | ||||||
21 | than the compensation paid to the community association | ||||||
22 | manager for performance of community association management | ||||||
23 | services. | ||||||
24 | "Community association management firm" means a company, | ||||||
25 | corporation, limited liability company, partnership, or other | ||||||
26 | entity that engages in community association management |
| |||||||
| |||||||
1 | services. | ||||||
2 | "Community association management services" means those | ||||||
3 | services listed in the definition of community association | ||||||
4 | manager in this Section. | ||||||
5 | "Community association manager" means an individual who: | ||||||
6 | (1) has an ownership interest in or is employed by a | ||||||
7 | community association management firm, or is directly | ||||||
8 | employed by or provides services as an independent | ||||||
9 | contractor to a community association; and | ||||||
10 | (2) administers for remuneration the financial, | ||||||
11 | administrative, maintenance, or other duties for the | ||||||
12 | community association, including the following services: | ||||||
13 | (A) collecting, controlling or disbursing funds of | ||||||
14 | the community association or having the authority to | ||||||
15 | do so; | ||||||
16 | (B) preparing budgets or other financial documents | ||||||
17 | for the community association; | ||||||
18 | (C) assisting in the conduct of community | ||||||
19 | association meetings; | ||||||
20 | (D) maintaining association records; | ||||||
21 | (E) administering association contracts or | ||||||
22 | procuring goods and services in accordance with the | ||||||
23 | declaration, bylaws, proprietary lease, declaration of | ||||||
24 | covenants, or other governing document of the | ||||||
25 | community association or at the direction of the board | ||||||
26 | of managers; and |
| |||||||
| |||||||
1 | (F) coordinating financial, administrative, | ||||||
2 | maintenance, or other duties called for in the | ||||||
3 | management contract, including individuals who are | ||||||
4 | direct employees of the community association. | ||||||
5 | "Community association manager" does not mean support | ||||||
6 | staff, including, but not limited to bookkeepers, | ||||||
7 | administrative assistants, secretaries, property inspectors, | ||||||
8 | or customer service representatives. | ||||||
9 | "Department" means the Department of Financial and | ||||||
10 | Professional Regulation. | ||||||
11 | "Designated community association manager" means a | ||||||
12 | licensed community association
manager who: (1) has an | ||||||
13 | ownership interest in or is employed by a community | ||||||
14 | association
management firm to act as a controlling person; | ||||||
15 | and (2) is the authorized signatory or has delegated
signing | ||||||
16 | authority for the firm on community association accounts; and | ||||||
17 | (3) supervises, manages,
and is responsible for the firm's | ||||||
18 | community association manager activities pursuant to Section
| ||||||
19 | 50 of this Act. | ||||||
20 | "Email address of record" means the designated email | ||||||
21 | address recorded by the Department in the applicant's | ||||||
22 | application file or the licensee's license file, as maintained | ||||||
23 | by the Department. | ||||||
24 | "License" means the privilege conferred by the Department
| ||||||
25 | to a person that has fulfilled all requirements prerequisite | ||||||
26 | to any type of licensure under this Act. |
| |||||||
| |||||||
1 | "Licensee" means any person licensed under this Act a | ||||||
2 | community association manager or a community association | ||||||
3 | management firm . | ||||||
4 | "Person" means any individual, corporation, partnership, | ||||||
5 | limited liability company, or other legal entity. | ||||||
6 | "Secretary" means the Secretary of Financial and | ||||||
7 | Professional Regulation or the Secretary's designee.
| ||||||
8 | (Source: P.A. 102-20, eff. 1-1-22 .) | ||||||
9 | (225 ILCS 427/25) | ||||||
10 | (Section scheduled to be repealed on January 1, 2027) | ||||||
11 | Sec. 25. Community Association Manager Licensing and | ||||||
12 | Disciplinary Board. | ||||||
13 | (a) There is hereby created the Community Association | ||||||
14 | Manager Licensing and Disciplinary Board, which shall consist | ||||||
15 | of 7 members appointed by the Secretary. All members must be | ||||||
16 | residents of the State and must have resided in the State for | ||||||
17 | at least 5 years immediately preceding the date of | ||||||
18 | appointment. Five members of the Board must be licensees under | ||||||
19 | this Act. Two members of the Board shall be owners of, or hold | ||||||
20 | a shareholder's interest in, a unit in a community association | ||||||
21 | at the time of appointment who are not licensees under this Act | ||||||
22 | and have no direct affiliation with the community | ||||||
23 | association's community association manager. This Board shall | ||||||
24 | act in an advisory capacity to the Department. | ||||||
25 | (b) The term of each member shall be for 4 years and or |
| |||||||
| |||||||
1 | until that member's successor is appointed. No member shall be | ||||||
2 | reappointed to the Board for a term that would cause the | ||||||
3 | member's cumulative service to the Board to exceed 10 years. | ||||||
4 | Appointments to fill vacancies shall be made by the Secretary | ||||||
5 | for the unexpired portion of the term. The Secretary shall | ||||||
6 | remove from the Board any member whose license has become void | ||||||
7 | or has been revoked or suspended and may remove any member of | ||||||
8 | the Board for neglect of duty, misconduct, or incompetence. A | ||||||
9 | member who is subject to formal disciplinary proceedings shall | ||||||
10 | be disqualified from all Board business until the charge is | ||||||
11 | resolved. A member also shall be disqualified from any matter | ||||||
12 | on which the member cannot act objectively. | ||||||
13 | (c) Four Board members shall constitute a quorum. A quorum | ||||||
14 | is required for all Board decisions. A vacancy in the | ||||||
15 | membership of the Board shall not impair the right of a quorum | ||||||
16 | to exercise all of the rights and perform all of the duties of | ||||||
17 | the Board. | ||||||
18 | (d) The Board shall elect annually, at its first meeting | ||||||
19 | of the fiscal year, a chairperson and vice chairperson. | ||||||
20 | (e) Each member shall be reimbursed receive reimbursement | ||||||
21 | as set by the Governor's Travel Control Board for necessary | ||||||
22 | expenses incurred in carrying out the duties as a Board | ||||||
23 | member. The Board may receive a per diem stipend in an amount | ||||||
24 | to shall be compensated as determined by the Secretary. | ||||||
25 | (f) The Board may recommend policies, procedures, and | ||||||
26 | rules relevant to the administration and enforcement of this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (g) Members of the Board shall be immune from suit in an | ||||||
3 | action based upon any disciplinary proceedings or other acts | ||||||
4 | performed in good faith as members of the Board. | ||||||
5 | (Source: P.A. 102-20, eff. 1-1-22 .) | ||||||
6 | (225 ILCS 427/55) | ||||||
7 | (Section scheduled to be repealed on January 1, 2027) | ||||||
8 | Sec. 55. Fidelity insurance; segregation of accounts. | ||||||
9 | (a) The designated community association manager or the | ||||||
10 | community association management firm that employs the | ||||||
11 | designated community association manager shall not have access | ||||||
12 | to and disburse community association funds unless each of the | ||||||
13 | following conditions occur: | ||||||
14 | (1) There is fidelity insurance in place to insure | ||||||
15 | against loss or theft of community association funds. | ||||||
16 | (2) The fidelity insurance is in the maximum amount of | ||||||
17 | coverage available to protect funds in the custody or | ||||||
18 | control of the designated community association manager or | ||||||
19 | community association management firm providing service to | ||||||
20 | the association. | ||||||
21 | (3) During the term and coverage period of the | ||||||
22 | insurance, the fidelity insurance shall cover: | ||||||
23 | (A) the designated community association manager; | ||||||
24 | (B) the community association management firm; | ||||||
25 | (C) all community association managers; |
| |||||||
| |||||||
1 | (D) all partners, officers, and employees of the | ||||||
2 | community association management firm; and | ||||||
3 | (E) the community association officers, directors, | ||||||
4 | and employees. | ||||||
5 | (4) The insurance company issuing the fidelity | ||||||
6 | insurance may not cancel or refuse to renew the bond | ||||||
7 | without giving at least 10 days' prior written notice. | ||||||
8 | (5) Unless an agreement between the community | ||||||
9 | association and the designated community association | ||||||
10 | manager or the community association management firm | ||||||
11 | provides to the contrary, a community association may | ||||||
12 | secure and pay for the fidelity insurance required by this | ||||||
13 | Section. The designated community association manager, all | ||||||
14 | other licensees, and the community association management | ||||||
15 | firm must be named as additional insured parties on the | ||||||
16 | community association policy. The designated community | ||||||
17 | association manager or the community association | ||||||
18 | management firm must provide a current certificate of | ||||||
19 | fidelity insurance to all community associations to which | ||||||
20 | it provides community association management services no | ||||||
21 | later than 10 days following the renewal date of the | ||||||
22 | insurance. | ||||||
23 | (b) A community association management firm that provides | ||||||
24 | community association management services for more than one | ||||||
25 | community association shall maintain separate, segregated | ||||||
26 | accounts for each community association. The funds shall not, |
| |||||||
| |||||||
1 | in any event, be commingled with the supervising community | ||||||
2 | association manager's or community association management | ||||||
3 | firm's funds. The funds shall not, in any event, be commingled | ||||||
4 | with the funds of the community association manager, the | ||||||
5 | community association management firm, or any other community | ||||||
6 | association. The maintenance of such accounts shall be | ||||||
7 | custodial, and such accounts shall be in the name of the | ||||||
8 | respective community association. | ||||||
9 | (c) The designated community association manager or | ||||||
10 | community association management firm shall obtain the | ||||||
11 | appropriate general liability and errors and omissions | ||||||
12 | insurance, as determined by the Department, to cover any | ||||||
13 | losses or claims against a community association manager, the | ||||||
14 | designated community association manager, or the community | ||||||
15 | association management firm. The designated community | ||||||
16 | association manager or the community association management | ||||||
17 | firm must provide a current certificate of general liability | ||||||
18 | and errors and omissions insurance to all community | ||||||
19 | associations to which it provides community association | ||||||
20 | management services no later than 10 days following the | ||||||
21 | renewal date of the insurance. | ||||||
22 | (d) The Department shall have authority to promulgate | ||||||
23 | additional rules regarding insurance, fidelity insurance and | ||||||
24 | all accounts maintained and to be maintained by a community | ||||||
25 | association manager, designated community association manager, | ||||||
26 | or community association management firm.
|
| |||||||
| |||||||
1 | (e) The certificates of insurance required hereunder shall | ||||||
2 | be considered records of the community association. | ||||||
3 | (Source: P.A. 102-20, eff. 1-1-22 .) | ||||||
4 | (225 ILCS 427/60) | ||||||
5 | (Section scheduled to be repealed on January 1, 2027) | ||||||
6 | Sec. 60. Licenses; renewals; restoration; person in | ||||||
7 | military service. | ||||||
8 | (a) The expiration date, fees, and renewal period for each | ||||||
9 | license issued under this Act shall be set by rule. The | ||||||
10 | Department may promulgate rules requiring continuing education | ||||||
11 | and set all necessary requirements for such, including but not | ||||||
12 | limited to fees, approved coursework, number of hours, and | ||||||
13 | waivers of continuing education. | ||||||
14 | (b) Any licensee who has an expired license may have the | ||||||
15 | license restored by applying to the Department and filing | ||||||
16 | proof acceptable to the Department of fitness to have the | ||||||
17 | expired license restored, by which may include sworn evidence | ||||||
18 | certifying to active practice in another jurisdiction | ||||||
19 | satisfactory to the Department, complying with any continuing | ||||||
20 | education requirements, and paying the required restoration | ||||||
21 | fee. | ||||||
22 | (c) Any person whose license expired while (i) in federal | ||||||
23 | service on active duty with the Armed Forces of the United | ||||||
24 | States or called into service or training with the State | ||||||
25 | Militia or (ii) in training or education under the supervision |
| |||||||
| |||||||
1 | of the United States preliminary to induction into the | ||||||
2 | military service may have the license renewed or restored | ||||||
3 | without paying any lapsed renewal fees if, within 2 years | ||||||
4 | after honorable termination of the service, training or | ||||||
5 | education, except under condition other than honorable, the | ||||||
6 | licensee furnishes the Department with satisfactory evidence | ||||||
7 | of engagement and that the service, training, or education has | ||||||
8 | been so honorably terminated. | ||||||
9 | (d) A community association manager or community | ||||||
10 | association management firm that notifies the Department, in a | ||||||
11 | manner prescribed by the Department, may place the license on | ||||||
12 | inactive status for a period not to exceed 2 years and shall be | ||||||
13 | excused from the payment of renewal fees until the person | ||||||
14 | notifies the Department in writing of the intention to resume | ||||||
15 | active practice. | ||||||
16 | (e) A community association manager or , community | ||||||
17 | association management firm requesting that the license be | ||||||
18 | changed from inactive to active status shall be required to | ||||||
19 | pay the current renewal fee and shall also demonstrate | ||||||
20 | compliance with the continuing education requirements. | ||||||
21 | (f) No licensee with a nonrenewed or inactive license | ||||||
22 | status or community association management firm operating | ||||||
23 | operation without a designated community association manager | ||||||
24 | shall provide community association management services as set | ||||||
25 | forth in this Act. | ||||||
26 | (g) Any person violating subsection (f) of this Section |
| |||||||
| |||||||
1 | shall be considered to be practicing without a license and | ||||||
2 | will be subject to the disciplinary provisions of this Act. | ||||||
3 | (h) The Department shall not renew a license if the | ||||||
4 | licensee has an unpaid fine or fee from a disciplinary matter | ||||||
5 | or an unpaid fee from a non-disciplinary action imposed by the | ||||||
6 | Department until the fine or fee is paid to the Department or | ||||||
7 | the licensee has entered into a payment plan and is current on | ||||||
8 | the required payments. | ||||||
9 | (i) The Department shall not issue a license if the | ||||||
10 | applicant has an unpaid fine imposed by the Department for | ||||||
11 | unlicensed practice until the fine is paid to the Department | ||||||
12 | or the applicant has entered into a payment plan and is current | ||||||
13 | on the required payments.
| ||||||
14 | (Source: P.A. 102-20, eff. 1-1-22 .) | ||||||
15 | (225 ILCS 427/65) | ||||||
16 | (Section scheduled to be repealed on January 1, 2027) | ||||||
17 | Sec. 65. Fees; Division of Real Estate General Community | ||||||
18 | Association Manager Licensing and Disciplinary Fund. | ||||||
19 | (a) The fees for the administration and enforcement of | ||||||
20 | this Act, including, but not limited to, initial licensure, | ||||||
21 | renewal, and restoration, shall be set by rule of the | ||||||
22 | Department. The fees shall be nonrefundable. | ||||||
23 | (b) In addition to the application fee, applicants for the | ||||||
24 | examination are required to pay, either to the Department or | ||||||
25 | the designated testing service, a fee covering the cost of |
| |||||||
| |||||||
1 | determining an applicant's eligibility and providing the | ||||||
2 | examination. Failure to appear for the examination on the | ||||||
3 | scheduled date, at the time and place specified, after the | ||||||
4 | applicant's application and fee for examination have been | ||||||
5 | received and acknowledged by the Department or the designated | ||||||
6 | testing service, shall result in the forfeiture of the fee. | ||||||
7 | (c) Prior to January 1, 2023, all All fees, fines, | ||||||
8 | penalties, or other monies received or collected pursuant to | ||||||
9 | this Act shall be deposited in the Community Association | ||||||
10 | Manager Licensing and Disciplinary Fund. Beginning on January | ||||||
11 | 1, 2023, all fees, fines, penalties, or other monies received | ||||||
12 | or collected pursuant to this Act shall be deposited in the | ||||||
13 | Division of Real Estate General Fund.
| ||||||
14 | (d) Moneys in the Community Association Manager Licensing | ||||||
15 | and Disciplinary Fund and the Division of Real Estate General | ||||||
16 | Fund may be transferred to the Professions Indirect Cost Fund, | ||||||
17 | as authorized under Section 2105-300 of the Department of | ||||||
18 | Professional Regulation Law of the Civil Administrative Code | ||||||
19 | of Illinois. | ||||||
20 | (e) Notwithstanding any other provision of law, in | ||||||
21 | addition to any other transfers that may be provided by law, on | ||||||
22 | January 1, 2023, or as soon thereafter as practical, the State | ||||||
23 | Comptroller shall direct and the State Treasurer shall | ||||||
24 | transfer the remaining balance from the Community Association | ||||||
25 | Manager Licensing and Disciplinary Fund into the Division of | ||||||
26 | Real Estate General Fund. Upon completion of the transfer, the |
| |||||||
| |||||||
1 | Community Association Manager Licensing and Disciplinary Fund | ||||||
2 | is dissolved, and any future deposits due to that Fund and any | ||||||
3 | outstanding obligations or liabilities of that Fund pass to | ||||||
4 | the Division of Real Estate General Fund. | ||||||
5 | (Source: P.A. 102-20, eff. 1-1-22 .) | ||||||
6 | Section 25. The Home Inspector License Act is amended by | ||||||
7 | changing Sections 1-10, 5-16, 5-17, 15-5, and 25-5 and by | ||||||
8 | adding Section 15-11 as follows:
| ||||||
9 | (225 ILCS 441/1-10)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
11 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
12 | context
otherwise requires:
| ||||||
13 | "Address of record" means the designated street address, | ||||||
14 | which may not be a post office box, recorded by the Department | ||||||
15 | in the applicant's or licensee's application file or license | ||||||
16 | file as maintained by the Department. | ||||||
17 | "Applicant" means a person who applies to the Department | ||||||
18 | for a license under this
Act.
| ||||||
19 | "Client" means a person who engages or seeks to engage the | ||||||
20 | services of a
home inspector for an inspection assignment.
| ||||||
21 | "Department" means the Department of Financial and | ||||||
22 | Professional Regulation.
| ||||||
23 | "Email address of record" means the designated email | ||||||
24 | address recorded by the Department in the applicant's |
| |||||||
| |||||||
1 | application file or the licensee's license file, as maintained | ||||||
2 | by the Department. | ||||||
3 | "Home inspection" means the examination and evaluation of | ||||||
4 | the exterior and
interior components of residential real | ||||||
5 | property, which includes the inspection
of any 2 or more of the | ||||||
6 | following components of residential real property in
| ||||||
7 | connection with or to facilitate the sale, lease, or other | ||||||
8 | conveyance of, or
the proposed sale, lease or other conveyance | ||||||
9 | of, residential real property:
| ||||||
10 | (1) heating, ventilation, and air conditioning system;
| ||||||
11 | (2) plumbing system;
| ||||||
12 | (3) electrical system;
| ||||||
13 | (4) structural composition;
| ||||||
14 | (5) foundation;
| ||||||
15 | (6) roof;
| ||||||
16 | (7) masonry structure; or
| ||||||
17 | (8) any other residential real property component as | ||||||
18 | established by rule.
| ||||||
19 | "Home inspector" means a person or entity who, for another | ||||||
20 | and for compensation either
direct or indirect, performs home | ||||||
21 | inspections.
| ||||||
22 | "Home inspection report" or "inspection report" means a | ||||||
23 | written evaluation
prepared and issued by a home inspector | ||||||
24 | upon completion of a home inspection,
which meets the | ||||||
25 | standards of practice as established by the Department.
| ||||||
26 | "Inspection assignment" means an engagement for which a |
| |||||||
| |||||||
1 | home inspector is
employed or retained to conduct a home | ||||||
2 | inspection and prepare a home inspection
report.
| ||||||
3 | "License" means the privilege conferred by the Department | ||||||
4 | to a person who has fulfilled all requirements prerequisite to | ||||||
5 | any type of licensure under this Act. | ||||||
6 | "Licensee" means any person licensed under this Act a home | ||||||
7 | inspector, home inspector entity, or home inspector education | ||||||
8 | provider . | ||||||
9 | "Person" means individuals, entities, corporations, | ||||||
10 | limited liability
companies, registered limited liability | ||||||
11 | partnerships, and partnerships, foreign
or domestic, except | ||||||
12 | that when the context otherwise requires, the term may
refer | ||||||
13 | to a single individual or other described entity.
| ||||||
14 | "Residential real property" means real property that is | ||||||
15 | used or intended to
be used as a residence by one or more | ||||||
16 | individuals.
| ||||||
17 | "Secretary" means the Secretary of Financial and | ||||||
18 | Professional Regulation or the Secretary's designee. | ||||||
19 | "Standards of practice" means recognized standards to be | ||||||
20 | used in a
home
inspection, as determined by the Department and | ||||||
21 | established by rule.
| ||||||
22 | (Source: P.A. 102-20, eff. 1-1-22 .)
| ||||||
23 | (225 ILCS 441/5-16)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
25 | Sec. 5-16. Renewal of license.
|
| |||||||
| |||||||
1 | (a) The expiration date and renewal period for a home | ||||||
2 | inspector license
issued under this Act shall be set by rule. | ||||||
3 | Except as otherwise provided in
subsections (b) and (c) of | ||||||
4 | this Section, the holder of a license may renew the
license | ||||||
5 | within 90 days preceding the expiration date by:
| ||||||
6 | (1) completing and submitting to the Department a | ||||||
7 | renewal application in a manner prescribed by the | ||||||
8 | Department;
| ||||||
9 | (2) paying the required fees; and
| ||||||
10 | (3) providing evidence of successful completion of the | ||||||
11 | continuing
education requirements through courses approved | ||||||
12 | by the Department given by
education providers licensed by | ||||||
13 | the Department, as established by rule.
| ||||||
14 | (b) A home inspector whose license under this Act has | ||||||
15 | expired may
renew the license for a period of 2 years following | ||||||
16 | the expiration
date by complying with the requirements of | ||||||
17 | subparagraphs (1), (2), and (3) of
subsection (a) of
this
| ||||||
18 | Section and paying any late penalties established by rule.
| ||||||
19 | (c) Notwithstanding subsection (b), a
home inspector whose | ||||||
20 | license under this Act has expired may renew
the license | ||||||
21 | without paying any lapsed
renewal fees or late penalties if | ||||||
22 | (i) the license expired while the home
inspector was on
active | ||||||
23 | duty with the United States Armed Services, (ii) application | ||||||
24 | for renewal
is made within
2 years following the termination | ||||||
25 | of the military service or related education,
training, or
| ||||||
26 | employment, and (iii) the applicant furnishes to the |
| |||||||
| |||||||
1 | Department an affidavit that the applicant was so engaged.
| ||||||
2 | (d) The Department shall provide reasonable care and due | ||||||
3 | diligence to ensure that each
licensee under this Act is | ||||||
4 | provided a renewal application at least 90 days
prior to the
| ||||||
5 | expiration date, but it is the responsibility of each licensee | ||||||
6 | to renew the
license prior to its expiration date.
| ||||||
7 | (e) The Department shall not renew a license if the | ||||||
8 | licensee has an unpaid fine or fee from a disciplinary matter | ||||||
9 | or from a non-disciplinary action imposed by the Department | ||||||
10 | until the fine or fee is paid to the Department or the licensee | ||||||
11 | has entered into a payment plan and is current on the required | ||||||
12 | payments. | ||||||
13 | (f) The Department shall not issue a license if the | ||||||
14 | applicant has an unpaid fine imposed by the Department for | ||||||
15 | unlicensed practice until the fine is paid to the Department | ||||||
16 | or the applicant has entered into a payment plan and is current | ||||||
17 | on the required payments. | ||||||
18 | (Source: P.A. 102-20, eff. 1-1-22 .)
| ||||||
19 | (225 ILCS 441/5-17)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
21 | Sec. 5-17. Renewal of home inspector license; entity.
| ||||||
22 | (a) The expiration date and renewal period for a home | ||||||
23 | inspector
license for an entity that is not a natural person | ||||||
24 | shall be set by rule. The
holder of
a license may renew the | ||||||
25 | license within 90 days preceding the
expiration date by |
| |||||||
| |||||||
1 | completing and submitting to the Department a renewal
| ||||||
2 | application in a manner prescribed by the Department and | ||||||
3 | paying the required fees.
| ||||||
4 | (b) An entity that is not a natural person whose license | ||||||
5 | under this Act has
expired may renew the license for a period | ||||||
6 | of 2 years following
the expiration date by complying with the | ||||||
7 | requirements of subsection
(a) of this Section and paying any | ||||||
8 | late penalties established
by rule.
| ||||||
9 | (c) The Department shall not renew a license if the | ||||||
10 | licensee has an unpaid fine or fee from a disciplinary matter | ||||||
11 | or from a non-disciplinary action imposed by the Department | ||||||
12 | until the fine or fee is paid to the Department or the licensee | ||||||
13 | has entered into a payment plan and is current on the required | ||||||
14 | payments. | ||||||
15 | (d) The Department shall not issue a license if the | ||||||
16 | applicant has an unpaid fine imposed by the Department for | ||||||
17 | unlicensed practice until the fine is paid to the Department | ||||||
18 | or the applicant has entered into a payment plan and is current | ||||||
19 | on the required payments. | ||||||
20 | (Source: P.A. 102-20, eff. 1-1-22 .)
| ||||||
21 | (225 ILCS 441/15-5)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
23 | Sec. 15-5. Unlicensed practice; civil penalty.
| ||||||
24 | (a) Any person who practices, offers to practice, attempts | ||||||
25 | to practice, or holds oneself himself or herself out to |
| |||||||
| |||||||
1 | practice home inspection or as a home inspector without being | ||||||
2 | licensed under this Act shall, in addition to
any other | ||||||
3 | penalty provided by law, pay a
civil penalty to the Department | ||||||
4 | in an amount not to exceed $25,000 for each violation of this | ||||||
5 | Act as
determined by the Department. The civil penalty shall | ||||||
6 | be assessed by the
Department after a
hearing is held in | ||||||
7 | accordance with the provisions of this Act.
| ||||||
8 | (b) The Department has the authority and power to | ||||||
9 | investigate any
unlicensed activity.
| ||||||
10 | (c) A civil penalty shall be paid within 60 days after the | ||||||
11 | effective date
of the order imposing the civil penalty. The | ||||||
12 | Department may petition the circuit
court for a
judgment to | ||||||
13 | enforce the collection of the penalty. Prior to January 1, | ||||||
14 | 2023, any Any civil penalties
collected under this Act shall | ||||||
15 | be made payable to the Department and deposited into the Home | ||||||
16 | Inspector Administration Fund. Beginning on January 1, 2023, | ||||||
17 | any civil penalties collected under this Act shall be made | ||||||
18 | payable to the Department and deposited into the Division of | ||||||
19 | Real Estate General Fund.
| ||||||
20 | (Source: P.A. 97-226, eff. 7-28-11 .)
| ||||||
21 | (225 ILCS 441/15-11 new) | ||||||
22 | Sec. 15-11. Illegal discrimination. When there has been an | ||||||
23 | adjudication in a civil or criminal proceeding that a licensee | ||||||
24 | has illegally discriminated while engaged in any activity for | ||||||
25 | which a license is required under this Act, the Department, |
| |||||||
| |||||||
1 | upon the recommendation of the Board as to the extent of the | ||||||
2 | suspension or revocation, shall suspend or revoke the license | ||||||
3 | of that licensee in a timely manner, unless the adjudication | ||||||
4 | is in the appeal process. When there has been an order in an | ||||||
5 | administrative proceeding finding that a licensee has | ||||||
6 | illegally discriminated while engaged in any activity for | ||||||
7 | which a license is required under this Act, the Department, | ||||||
8 | upon recommendation of the Board as to the nature and extent of | ||||||
9 | the discipline, shall take one or more of the disciplinary | ||||||
10 | actions provided for in Section 15-10 of this Act in a timely | ||||||
11 | manner, unless the administrative order is in the appeal | ||||||
12 | process.
| ||||||
13 | (225 ILCS 441/25-5)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
15 | Sec. 25-5. Division of Real Estate General Home Inspector | ||||||
16 | Administration Fund; surcharge.
| ||||||
17 | (a) The Home Inspector Administration Fund is
created as a | ||||||
18 | special fund in the State Treasury. Prior to January 1, 2023, | ||||||
19 | all All fees, fines, and
penalties received
by the Department | ||||||
20 | under this Act shall be deposited into the Home Inspector
| ||||||
21 | Administration Fund.
All earnings attributable to investment | ||||||
22 | of funds in the Home Inspector
Administration Fund shall be | ||||||
23 | credited to the Home Inspector Administration
Fund.
Subject to | ||||||
24 | appropriation, the moneys in the Home Inspector
Administration | ||||||
25 | Fund shall be appropriated to the Department for the expenses |
| |||||||
| |||||||
1 | incurred by
the Department in the administration of this Act.
| ||||||
2 | (a-5) The Division of Real Estate General Fund is created | ||||||
3 | as a special fund in the State Treasury. Beginning on January | ||||||
4 | 1, 2023, all fees, fines, and penalties received by the | ||||||
5 | Department under this Act shall be deposited into the Division | ||||||
6 | of Real Estate General Fund. All earnings attributable to | ||||||
7 | investment of funds in the Division of Real Estate General | ||||||
8 | Fund shall be credited to the Division of Real Estate General | ||||||
9 | Fund. Subject to appropriation, the moneys in the Division of | ||||||
10 | Real Estate General Fund shall be appropriated to the | ||||||
11 | Department for the expenses incurred by the Department in the | ||||||
12 | administration of this Act. | ||||||
13 | (b) (Blank).
| ||||||
14 | (c) (Blank).
| ||||||
15 | (c-5) Moneys in the Home Inspection Administration Fund | ||||||
16 | and the Division of Real Estate General Fund may be | ||||||
17 | transferred to the Professions Indirect Cost Fund, as | ||||||
18 | authorized under Section 2105-300 of the Department of | ||||||
19 | Professional Regulation Law of the Civil Administrative Code | ||||||
20 | of Illinois.
| ||||||
21 | (d) Upon the completion of
any audit of the Department, as | ||||||
22 | prescribed by the Illinois State Auditing Act, that
includes | ||||||
23 | an audit of the Home Inspector Administration Fund or the | ||||||
24 | Division of Real Estate General Fund , the Department shall | ||||||
25 | make
the audit report open to inspection by any interested | ||||||
26 | person.
|
| |||||||
| |||||||
1 | (e) Notwithstanding any other provision of law, in | ||||||
2 | addition to any other transfers that may be provided by law, on | ||||||
3 | January 1, 2023, or as soon thereafter as practical, the State | ||||||
4 | Comptroller shall direct and the State Treasurer shall | ||||||
5 | transfer the remaining balance from the Home Inspector | ||||||
6 | Administration Fund into the Division of Real Estate General | ||||||
7 | Fund. Upon completion of the transfer, the Home Inspector | ||||||
8 | Administration Fund is dissolved, and any future deposits due | ||||||
9 | to that Fund and any outstanding obligations or liabilities of | ||||||
10 | that Fund pass to the Division of Real Estate General Fund. | ||||||
11 | (Source: P.A. 97-226, eff. 7-28-11 .)
| ||||||
12 | Section 30. The Real Estate License Act of 2000 is amended | ||||||
13 | by changing Sections 1-10, 5-10, 5-25, 5-45, 5-50, 5-70, | ||||||
14 | 15-35, 15-45, 20-20, 20-20.1, 20-69, 20-75, 20-110, 25-10, | ||||||
15 | 30-15, and 30-25 and by adding Section 25-38 as follows:
| ||||||
16 | (225 ILCS 454/1-10)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
18 | Sec. 1-10. Definitions. In this Act, unless the context | ||||||
19 | otherwise requires:
| ||||||
20 | "Act" means the Real Estate License Act of 2000.
| ||||||
21 | "Address of record" means the designated address recorded | ||||||
22 | by the Department in the applicant's or licensee's application | ||||||
23 | file or license file as maintained by the Department.
| ||||||
24 | "Agency" means a relationship in which a broker or |
| |||||||
| |||||||
1 | licensee,
whether directly or through an affiliated licensee, | ||||||
2 | represents a consumer by
the consumer's consent, whether | ||||||
3 | express or implied, in a real property
transaction.
| ||||||
4 | "Applicant" means any person, as defined in this Section, | ||||||
5 | who applies to
the Department for a valid license as a managing | ||||||
6 | broker, broker, or
residential leasing agent.
| ||||||
7 | "Blind advertisement" means any real estate advertisement | ||||||
8 | that is used by a licensee regarding the sale or lease of real | ||||||
9 | estate, licensed activities, or the hiring of any licensee | ||||||
10 | under this Act that does not
include the sponsoring broker's | ||||||
11 | complete business name or, in the case of electronic | ||||||
12 | advertisements, does not provide a direct link to a display | ||||||
13 | with all the required disclosures. The broker's
business name | ||||||
14 | in the case of a franchise shall include the franchise
| ||||||
15 | affiliation as well as the name of the individual firm.
| ||||||
16 | "Board" means the Real Estate Administration and | ||||||
17 | Disciplinary Board of the Department as created by Section | ||||||
18 | 25-10 of this Act.
| ||||||
19 | "Broker" means an individual, entity, corporation, foreign | ||||||
20 | or domestic partnership, limited liability company,
registered | ||||||
21 | limited liability partnership, or other business entity other | ||||||
22 | than a residential leasing agent who, whether in person or | ||||||
23 | through any media or technology, for another and for | ||||||
24 | compensation, or
with the intention or expectation of | ||||||
25 | receiving compensation, either
directly or indirectly:
| ||||||
26 | (1) Sells, exchanges, purchases, rents, or leases real |
| |||||||
| |||||||
1 | estate.
| ||||||
2 | (2) Offers to sell, exchange, purchase, rent, or lease | ||||||
3 | real estate.
| ||||||
4 | (3) Negotiates, offers, attempts, or agrees to | ||||||
5 | negotiate the sale,
exchange, purchase, rental, or leasing | ||||||
6 | of real estate.
| ||||||
7 | (4) Lists, offers, attempts, or agrees to list real | ||||||
8 | estate for sale,
rent, lease, or exchange.
| ||||||
9 | (5) Whether for another or themselves, engages in a | ||||||
10 | pattern of business of buying, selling, offering to buy or | ||||||
11 | sell, marketing for sale, exchanging, or otherwise dealing | ||||||
12 | in contracts, including assignable contracts for the | ||||||
13 | purchase or sale of, or options on
real estate or | ||||||
14 | improvements thereon. For purposes of this definition, an | ||||||
15 | individual or entity will be found to have engaged in a | ||||||
16 | pattern of business if the individual or entity by itself | ||||||
17 | or with any combination of other individuals or entities, | ||||||
18 | whether as partners or common owners in another entity, | ||||||
19 | has engaged in one or more of these practices on 2 or more | ||||||
20 | occasions in any 12-month period.
| ||||||
21 | (6) Supervises the collection, offer, attempt, or | ||||||
22 | agreement
to collect rent for the use of real estate.
| ||||||
23 | (7) Advertises or represents oneself himself or | ||||||
24 | herself as being engaged in the
business of buying, | ||||||
25 | selling, exchanging, renting, or leasing real estate.
| ||||||
26 | (8) Assists or directs in procuring or referring of |
| |||||||
| |||||||
1 | leads or prospects, intended to
result in the sale, | ||||||
2 | exchange, lease, or rental of real estate.
| ||||||
3 | (9) Assists or directs in the negotiation of any | ||||||
4 | transaction intended to
result in the sale, exchange, | ||||||
5 | lease, or rental of real estate.
| ||||||
6 | (10) Opens real estate to the public for marketing | ||||||
7 | purposes.
| ||||||
8 | (11) Sells, rents, leases, or offers for sale or lease | ||||||
9 | real estate at
auction.
| ||||||
10 | (12) Prepares or provides a broker price opinion or | ||||||
11 | comparative market analysis as those terms are defined in | ||||||
12 | this Act, pursuant to the provisions of Section 10-45 of | ||||||
13 | this Act. | ||||||
14 | "Brokerage agreement" means a written or oral agreement | ||||||
15 | between a sponsoring
broker and a consumer for licensed | ||||||
16 | activities to be provided to a consumer in
return for | ||||||
17 | compensation or the right to receive compensation from | ||||||
18 | another.
Brokerage agreements may constitute either a | ||||||
19 | bilateral or a unilateral
agreement between the broker and the | ||||||
20 | broker's client depending upon the content
of the brokerage | ||||||
21 | agreement. All exclusive brokerage agreements shall be in
| ||||||
22 | writing.
| ||||||
23 | "Broker price opinion" means an estimate or analysis of | ||||||
24 | the probable selling price of a particular interest in real | ||||||
25 | estate, which may provide a varying level of detail about the | ||||||
26 | property's condition, market, and neighborhood and information |
| |||||||
| |||||||
1 | on comparable sales. The activities of a real estate broker or | ||||||
2 | managing broker engaging in the ordinary course of business as | ||||||
3 | a broker, as defined in this Section, shall not be considered a | ||||||
4 | broker price opinion if no compensation is paid to the broker | ||||||
5 | or managing broker, other than compensation based upon the | ||||||
6 | sale or rental of real estate. A broker price opinion shall not | ||||||
7 | be considered an appraisal within the meaning of the Real | ||||||
8 | Estate Appraiser Licensing Act of 2002, any amendment to that | ||||||
9 | Act, or any successor Act. | ||||||
10 | "Client" means a person who is being represented by a | ||||||
11 | licensee.
| ||||||
12 | "Comparative market analysis" means an analysis or opinion | ||||||
13 | regarding pricing, marketing, or financial aspects relating to | ||||||
14 | a specified interest or interests in real estate that may be | ||||||
15 | based upon an analysis of comparative market data, the | ||||||
16 | expertise of the real estate broker or managing broker, and | ||||||
17 | such other factors as the broker or managing broker may deem | ||||||
18 | appropriate in developing or preparing such analysis or | ||||||
19 | opinion. The activities of a real estate broker or managing | ||||||
20 | broker engaging in the ordinary course of business as a | ||||||
21 | broker, as defined in this Section, shall not be considered a | ||||||
22 | comparative market analysis if no compensation is paid to the | ||||||
23 | broker or managing broker, other than compensation based upon | ||||||
24 | the sale or rental of real estate. A comparative market | ||||||
25 | analysis shall not be considered an appraisal within the | ||||||
26 | meaning of the Real Estate Appraiser Licensing Act of 2002, |
| |||||||
| |||||||
1 | any amendment to that Act, or any successor Act. | ||||||
2 | "Compensation" means the valuable consideration given by | ||||||
3 | one person or entity
to another person or entity in exchange | ||||||
4 | for the performance of some activity or
service. Compensation | ||||||
5 | shall include the transfer of valuable consideration,
| ||||||
6 | including without limitation the following:
| ||||||
7 | (1) commissions;
| ||||||
8 | (2) referral fees;
| ||||||
9 | (3) bonuses;
| ||||||
10 | (4) prizes;
| ||||||
11 | (5) merchandise;
| ||||||
12 | (6) finder fees;
| ||||||
13 | (7) performance of services;
| ||||||
14 | (8) coupons or gift certificates;
| ||||||
15 | (9) discounts;
| ||||||
16 | (10) rebates;
| ||||||
17 | (11) a chance to win a raffle, drawing, lottery, or | ||||||
18 | similar game of chance
not prohibited by any other law or | ||||||
19 | statute;
| ||||||
20 | (12) retainer fee; or
| ||||||
21 | (13) salary.
| ||||||
22 | "Confidential information" means information obtained by a | ||||||
23 | licensee from a
client during the term of a brokerage | ||||||
24 | agreement that (i) was made confidential
by the written | ||||||
25 | request or written instruction of the client, (ii) deals with
| ||||||
26 | the negotiating position of the client, or (iii) is |
| |||||||
| |||||||
1 | information the disclosure
of which could materially harm the | ||||||
2 | negotiating position of the client, unless
at any time:
| ||||||
3 | (1) the client permits the disclosure of information | ||||||
4 | given by that client
by word or conduct;
| ||||||
5 | (2) the disclosure is required by law; or
| ||||||
6 | (3) the information becomes public from a source other | ||||||
7 | than the licensee.
| ||||||
8 | "Confidential information" shall not be considered to | ||||||
9 | include material
information about the physical condition of | ||||||
10 | the property.
| ||||||
11 | "Consumer" means a person or entity seeking or receiving | ||||||
12 | licensed
activities.
| ||||||
13 | "Coordinator" means the Coordinator of Real Estate created | ||||||
14 | in Section 25-15 of this Act.
| ||||||
15 | "Credit hour" means 50 minutes of instruction in course | ||||||
16 | work that
meets the requirements set forth in rules adopted by | ||||||
17 | the Department.
| ||||||
18 | "Customer" means a consumer who is not being represented | ||||||
19 | by the licensee.
| ||||||
20 | "Department" means the Department of Financial and | ||||||
21 | Professional Regulation. | ||||||
22 | "Designated agency" means a contractual relationship | ||||||
23 | between a sponsoring
broker and a client under Section 15-50 | ||||||
24 | of this Act in which one or more
licensees associated with or | ||||||
25 | employed by the broker are designated as agent of
the client.
| ||||||
26 | "Designated agent" means a sponsored licensee named by a |
| |||||||
| |||||||
1 | sponsoring broker as
the legal agent of a client, as provided | ||||||
2 | for in Section 15-50 of this Act.
| ||||||
3 | "Designated managing broker" means a managing broker who | ||||||
4 | has supervisory responsibilities for licensees in one or, in | ||||||
5 | the case of a multi-office company, more than one office and | ||||||
6 | who has been appointed as such by the sponsoring broker | ||||||
7 | registered with the Department. | ||||||
8 | "Director" means the Director of Real Estate within the | ||||||
9 | Department of Financial and Professional Regulation. | ||||||
10 | "Dual agency" means an agency relationship in which a | ||||||
11 | licensee is
representing both buyer and seller or both | ||||||
12 | landlord and tenant in the same
transaction. When the agency | ||||||
13 | relationship is a designated agency, the
question of whether | ||||||
14 | there is a dual agency shall be determined by the agency
| ||||||
15 | relationships of the designated agent of the parties and not | ||||||
16 | of the sponsoring
broker.
| ||||||
17 | "Education provider" means a school licensed by the | ||||||
18 | Department offering courses in pre-license, post-license, or | ||||||
19 | continuing education required by this Act. | ||||||
20 | "Employee" or other derivative of the word "employee", | ||||||
21 | when used to refer to,
describe, or delineate the relationship | ||||||
22 | between a sponsoring broker and a managing broker, broker, or | ||||||
23 | a residential leasing agent, shall be
construed to include an | ||||||
24 | independent contractor relationship, provided that a
written | ||||||
25 | agreement exists that clearly establishes and states the | ||||||
26 | relationship.
|
| |||||||
| |||||||
1 | "Escrow moneys" means all moneys, promissory notes or any | ||||||
2 | other type or
manner of legal tender or financial | ||||||
3 | consideration deposited with any person for
the benefit of the | ||||||
4 | parties to the transaction. A transaction exists once an
| ||||||
5 | agreement has been reached and an accepted real estate | ||||||
6 | contract signed or lease
agreed to by the parties. Escrow | ||||||
7 | moneys includes without limitation earnest
moneys and security | ||||||
8 | deposits, except those security deposits in which the
person | ||||||
9 | holding the security deposit is also the sole owner of the | ||||||
10 | property
being leased and for which the security deposit is | ||||||
11 | being held.
| ||||||
12 | "Electronic means of proctoring" means a methodology | ||||||
13 | providing assurance that the person taking a test and | ||||||
14 | completing the answers to questions is the person seeking | ||||||
15 | licensure or credit for continuing education and is doing so | ||||||
16 | without the aid of a third party or other device. | ||||||
17 | "Exclusive brokerage agreement" means a written brokerage | ||||||
18 | agreement that provides that the sponsoring broker has the | ||||||
19 | sole right, through one or more sponsored licensees, to act as | ||||||
20 | the exclusive agent or representative of the client and that | ||||||
21 | meets the requirements of Section 15-75 of this Act.
| ||||||
22 | "Inactive" means a status of licensure where the licensee | ||||||
23 | holds a current
license under this Act, but the licensee is | ||||||
24 | prohibited from engaging in
licensed activities because the | ||||||
25 | licensee is unsponsored or the license of the
sponsoring | ||||||
26 | broker with whom the licensee is associated or by whom the |
| |||||||
| |||||||
1 | licensee he or she is
employed is currently expired, revoked, | ||||||
2 | suspended, or otherwise rendered
invalid under this Act. The | ||||||
3 | license of any business entity that is not in good standing | ||||||
4 | with the Illinois Secretary of State, or is not authorized to | ||||||
5 | conduct business in Illinois, shall immediately become | ||||||
6 | inactive and that entity shall be prohibited from engaging in | ||||||
7 | any licensed activities.
| ||||||
8 | "Leads" means the name or names of a potential buyer, | ||||||
9 | seller, lessor, lessee, or client of a licensee.
| ||||||
10 | "License" means the privilege conferred by the Department | ||||||
11 | to a person that has fulfilled all requirements prerequisite | ||||||
12 | to any type of licensure under this
Act.
| ||||||
13 | "Licensed activities" means those activities listed in the | ||||||
14 | definition of
"broker" under this Section.
| ||||||
15 | "Licensee" means any person licensed under this Act , as | ||||||
16 | defined in this Section, who holds a
valid unexpired license | ||||||
17 | as a managing broker, broker, or
residential leasing agent .
| ||||||
18 | "Listing presentation" means any communication, written or | ||||||
19 | oral and by any means or media, between a managing broker or
| ||||||
20 | broker and a consumer in which the licensee is attempting to | ||||||
21 | secure a
brokerage agreement with the consumer to market the | ||||||
22 | consumer's real estate for
sale or lease.
| ||||||
23 | "Managing broker" means a licensee who may be authorized | ||||||
24 | to assume responsibilities as a designated managing broker for
| ||||||
25 | licensees in one or, in the case of a multi-office company, | ||||||
26 | more than one
office, upon appointment by the sponsoring |
| |||||||
| |||||||
1 | broker and registration with the Department. A managing broker | ||||||
2 | may act as one's his or her own sponsor.
| ||||||
3 | "Medium of advertising" means any method of communication | ||||||
4 | intended to
influence the general public to use or purchase a | ||||||
5 | particular good or service or
real estate, including, but not | ||||||
6 | limited to, print, electronic, social media, and digital | ||||||
7 | forums.
| ||||||
8 | "Office" means a broker's place of business where the | ||||||
9 | general
public is invited to transact business and where | ||||||
10 | records may be maintained and
licenses readily available | ||||||
11 | displayed , whether or not it is the broker's principal place | ||||||
12 | of
business.
| ||||||
13 | "Person" means and includes individuals, entities, | ||||||
14 | corporations, limited
liability companies, registered limited | ||||||
15 | liability partnerships, foreign and domestic
partnerships, and | ||||||
16 | other business entities, except that when the context | ||||||
17 | otherwise
requires, the term may refer to a single individual | ||||||
18 | or other described entity.
| ||||||
19 | "Proctor" means any person, including, but not limited to, | ||||||
20 | an instructor, who has a written agreement to administer | ||||||
21 | examinations fairly and impartially with a licensed education | ||||||
22 | provider. | ||||||
23 | "Real estate" means and includes leaseholds as well as any | ||||||
24 | other interest or
estate in land, whether corporeal, | ||||||
25 | incorporeal, freehold, or non-freehold and whether the real | ||||||
26 | estate is situated in this
State or elsewhere. "Real estate" |
| |||||||
| |||||||
1 | does not include property sold, exchanged, or leased as a | ||||||
2 | timeshare or similar vacation item or interest, vacation club | ||||||
3 | membership, or other activity formerly regulated under the | ||||||
4 | Real Estate Timeshare Act of 1999 (repealed).
| ||||||
5 | "Regular employee" means a person working an average of 20 | ||||||
6 | hours per week for a person or entity who would be considered | ||||||
7 | as an employee under the Internal Revenue Service rules for | ||||||
8 | classifying workers.
| ||||||
9 | "Renewal period" means the period beginning 90 days prior | ||||||
10 | to the expiration date of a license. | ||||||
11 | "Residential leasing agent" means a person who is employed | ||||||
12 | by a broker to
engage in licensed activities limited to | ||||||
13 | leasing residential real estate who
has obtained a license as | ||||||
14 | provided for in Section 5-5 of this Act. | ||||||
15 | "Secretary" means the Secretary of the Department of | ||||||
16 | Financial and Professional Regulation, or a person authorized | ||||||
17 | by the Secretary to act in the Secretary's stead. | ||||||
18 | "Sponsoring broker" means the broker who certifies to the | ||||||
19 | Department his, her, or its sponsorship of a
licensed managing | ||||||
20 | broker, broker, or a residential leasing agent.
| ||||||
21 | "Sponsorship" means that a sponsoring broker has certified | ||||||
22 | to the Department that a managing broker, broker,
or | ||||||
23 | residential leasing agent named thereon is employed by or | ||||||
24 | associated by written
agreement with the sponsoring broker and | ||||||
25 | the Department has registered the sponsorship, as provided for | ||||||
26 | in Section
5-40 of this Act.
|
| |||||||
| |||||||
1 | "Team" means any 2 or more licensees who work together to | ||||||
2 | provide real estate brokerage services, represent themselves | ||||||
3 | to the public as being part of a team or group, are identified | ||||||
4 | by a team name that is different than their sponsoring | ||||||
5 | broker's name, and together are supervised by the same | ||||||
6 | managing broker and sponsored by the same sponsoring broker. | ||||||
7 | "Team" does not mean a separately organized, incorporated, or | ||||||
8 | legal entity. | ||||||
9 | (Source: P.A. 100-188, eff. 1-1-18; 100-534, eff. 9-22-17; | ||||||
10 | 100-831, eff. 1-1-19; 100-863, eff. 8-14-18; 101-357, eff. | ||||||
11 | 8-9-19.)
| ||||||
12 | (225 ILCS 454/5-10)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
14 | Sec. 5-10. Requirements for license as a residential | ||||||
15 | leasing agent; continuing education. | ||||||
16 | (a) Every applicant for licensure as a residential leasing | ||||||
17 | agent must meet the following qualifications: | ||||||
18 | (1) be at least 18 years of age; | ||||||
19 | (2) be of good moral
character; | ||||||
20 | (3) successfully complete
a 4-year course of study in | ||||||
21 | a high school or secondary school or an
equivalent course | ||||||
22 | of
study approved by the state in which the school is | ||||||
23 | located, or possess a high school equivalency certificate, | ||||||
24 | which shall be verified under oath by the applicant; | ||||||
25 | (4) personally take and pass a written
examination |
| |||||||
| |||||||
1 | authorized by the Department sufficient to demonstrate the | ||||||
2 | applicant's
knowledge of the
provisions of this Act | ||||||
3 | relating to residential leasing agents and the applicant's
| ||||||
4 | competence to engage in the
activities of a licensed | ||||||
5 | residential leasing agent; | ||||||
6 | (5) provide satisfactory evidence of having completed | ||||||
7 | 15 hours of
instruction in an approved course of study | ||||||
8 | relating to the leasing of residential real property. The | ||||||
9 | Board may recommend to the Department the number of hours | ||||||
10 | each topic of study shall require. The
course of study | ||||||
11 | shall, among other topics, cover
the provisions of this | ||||||
12 | Act
applicable to residential leasing agents; fair housing | ||||||
13 | and human rights issues relating to residential
leasing; | ||||||
14 | advertising and marketing issues;
leases, applications, | ||||||
15 | and credit and criminal background reports; owner-tenant | ||||||
16 | relationships and
owner-tenant laws; the handling of | ||||||
17 | funds; and
environmental issues relating
to residential | ||||||
18 | real
property; | ||||||
19 | (6) complete any other requirements as set forth by | ||||||
20 | rule; and
| ||||||
21 | (7) present a valid application for issuance of an | ||||||
22 | initial license accompanied by fees specified by rule. | ||||||
23 | (b) No applicant shall engage in any of the activities | ||||||
24 | covered by this Act without a valid license and until a valid | ||||||
25 | sponsorship has been registered with the Department. | ||||||
26 | (c) Successfully completed course work, completed pursuant |
| |||||||
| |||||||
1 | to the
requirements of this
Section, may be applied to the | ||||||
2 | course work requirements to obtain a managing
broker's or
| ||||||
3 | broker's license as provided by rule. The Board may
recommend | ||||||
4 | to the Department and the Department may adopt requirements | ||||||
5 | for approved courses, course
content, and the
approval of | ||||||
6 | courses, instructors, and education providers, as well as | ||||||
7 | education provider and instructor
fees. The Department may
| ||||||
8 | establish continuing education requirements for residential | ||||||
9 | licensed leasing agents, by
rule, consistent with the language | ||||||
10 | and intent of this Act, with the advice of
the Board.
| ||||||
11 | (d) The continuing education requirement for residential | ||||||
12 | leasing agents shall consist of a single core curriculum to be | ||||||
13 | prescribed by the Department as recommended by the Board. | ||||||
14 | Leasing agents shall be required to complete no less than 8 | ||||||
15 | hours of continuing education in the core curriculum during | ||||||
16 | the current term of the license for each 2-year renewal | ||||||
17 | period . The curriculum shall, at a minimum, consist of a | ||||||
18 | single course or courses on the subjects of fair housing and | ||||||
19 | human rights issues related to residential leasing, | ||||||
20 | advertising and marketing issues, leases, applications, credit | ||||||
21 | reports, and criminal history, the handling of funds, | ||||||
22 | owner-tenant relationships and owner-tenant laws, and | ||||||
23 | environmental issues relating to residential real estate. | ||||||
24 | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
| ||||||
25 | (225 ILCS 454/5-25)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
2 | Sec. 5-25. Good moral character.
| ||||||
3 | (a) When an applicant has had a his or her license revoked | ||||||
4 | on a prior occasion
or when an
applicant is found to have | ||||||
5 | committed any of the practices enumerated in Section
20-20 of | ||||||
6 | this Act or when an
applicant has been convicted of or enters a | ||||||
7 | plea of guilty or nolo contendere to forgery, embezzlement, | ||||||
8 | obtaining money under
false pretenses,
larceny, extortion, | ||||||
9 | conspiracy to defraud, or any other similar offense or
| ||||||
10 | offenses or has been
convicted of a felony involving moral | ||||||
11 | turpitude in any court of competent
jurisdiction in this or | ||||||
12 | any
other state, district, or territory of the United States | ||||||
13 | or of a foreign
country, the Board may consider
the prior | ||||||
14 | revocation, conduct, or conviction in its determination of the
| ||||||
15 | applicant's moral character
and whether to grant the applicant | ||||||
16 | a license.
| ||||||
17 | (b) In its consideration of the prior revocation, conduct, | ||||||
18 | or conviction, the Board shall take into account the nature of | ||||||
19 | the conduct, any aggravating or extenuating circumstances, the | ||||||
20 | time elapsed since the revocation, conduct, or conviction, the | ||||||
21 | rehabilitation or restitution performed by the applicant, | ||||||
22 | mitigating factors, and any other factors that the Board deems | ||||||
23 | relevant, including, but not limited to: | ||||||
24 | (1) the lack of direct relation of the offense for | ||||||
25 | which the applicant was previously convicted to the | ||||||
26 | duties, functions, and responsibilities of the position |
| |||||||
| |||||||
1 | for which a license is sought; | ||||||
2 | (2) unless otherwise specified, whether 5 years since | ||||||
3 | a felony conviction or 3 years since release from | ||||||
4 | confinement for the conviction, whichever is later, have | ||||||
5 | passed without a subsequent conviction; | ||||||
6 | (3) if the applicant was previously licensed or | ||||||
7 | employed in this State or other states or jurisdictions, | ||||||
8 | the lack of prior misconduct arising from or related to | ||||||
9 | the licensed position or position of employment; | ||||||
10 | (4) the age of the person at the time of the criminal | ||||||
11 | offense; | ||||||
12 | (5) if, due to the applicant's criminal conviction | ||||||
13 | history, the applicant would be explicitly prohibited by | ||||||
14 | federal rules or regulations from working in the position | ||||||
15 | for which a license is sought; | ||||||
16 | (6) successful completion of sentence and, for | ||||||
17 | applicants serving a term of parole or probation, a | ||||||
18 | progress report provided by the applicant's probation or | ||||||
19 | parole officer that documents the applicant's compliance | ||||||
20 | with conditions of supervision; | ||||||
21 | (7) evidence of the applicant's present fitness and | ||||||
22 | professional character; | ||||||
23 | (8) evidence of rehabilitation or rehabilitative | ||||||
24 | effort during or after incarceration, or during or after a | ||||||
25 | term of supervision, including, but not limited to, a | ||||||
26 | certificate of good conduct under Section 5-5.5-25 of the |
| |||||||
| |||||||
1 | Unified Code of Corrections or a certificate of relief | ||||||
2 | from disabilities under Section 5-5.5-10 of the Unified | ||||||
3 | Code of Corrections; and | ||||||
4 | (9) any other mitigating factors that contribute to | ||||||
5 | the person's potential and current ability to perform the | ||||||
6 | job duties. | ||||||
7 | (c) The Department shall not require applicants to report | ||||||
8 | the following information and shall not consider the following | ||||||
9 | criminal history records in connection with an application for | ||||||
10 | licensure or registration: | ||||||
11 | (1) juvenile adjudications of delinquent minors as | ||||||
12 | defined in Section 5-105 of the Juvenile Court Act of 1987 | ||||||
13 | subject to the restrictions set forth in Section 5-130 of | ||||||
14 | that Act; | ||||||
15 | (2) law enforcement records, court records, and | ||||||
16 | conviction records of an individual who was 17 years old | ||||||
17 | at the time of the offense and before January 1, 2014, | ||||||
18 | unless the nature of the offense required the individual | ||||||
19 | to be tried as an adult; | ||||||
20 | (3) records of arrests not followed by a charge or | ||||||
21 | conviction; | ||||||
22 | (4) records of arrests where the charges were | ||||||
23 | dismissed unless related to the practice of the | ||||||
24 | profession; however, applicants shall not be asked to | ||||||
25 | report any arrests, and an arrest not followed by a | ||||||
26 | conviction shall not be the basis of a denial and may be |
| |||||||
| |||||||
1 | used only to assess an applicant's rehabilitation; | ||||||
2 | (5) convictions overturned by a higher court; or | ||||||
3 | (6) convictions or arrests that have been sealed or | ||||||
4 | expunged. | ||||||
5 | (d) If an applicant makes a false statement of material | ||||||
6 | fact on the his or her application, the false statement may in | ||||||
7 | itself be sufficient grounds to revoke or refuse to issue a | ||||||
8 | license. | ||||||
9 | (e) A licensee shall report to the Department, in a manner | ||||||
10 | prescribed by the Department and within 30 days after the | ||||||
11 | occurrence of: (1) any conviction of or adopted by rule, any | ||||||
12 | plea of guilty, or nolo contendere to forgery, embezzlement, | ||||||
13 | obtaining money under false pretenses, larceny, extortion, | ||||||
14 | conspiracy to defraud, or any similar offense or offenses or | ||||||
15 | any conviction of a felony involving moral turpitude ; (2) the | ||||||
16 | entry of an administrative sanction by a government agency in | ||||||
17 | this State or any other jurisdiction that has as an essential | ||||||
18 | element dishonesty or fraud or involves larceny, embezzlement, | ||||||
19 | or obtaining money, property, or credit by false pretenses; or | ||||||
20 | (3) any crime that subjects the licensee to compliance with | ||||||
21 | the requirements of the Sex Offender Registration Act that | ||||||
22 | occurs during the licensee's term of licensure . | ||||||
23 | (Source: P.A. 101-357, eff. 8-9-19.)
| ||||||
24 | (225 ILCS 454/5-45)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2030)
|
| |||||||
| |||||||
1 | Sec. 5-45. Offices.
| ||||||
2 | (a) If a sponsoring broker maintains more than one office | ||||||
3 | within the State,
the sponsoring
broker shall notify the | ||||||
4 | Department in a manner prescribed by the Department for each | ||||||
5 | office other than the
sponsoring broker's
principal place of | ||||||
6 | business. The brokerage license shall be displayed
| ||||||
7 | conspicuously in each
office. The name of each branch office | ||||||
8 | shall be the same as that of the
sponsoring broker's
principal | ||||||
9 | office or shall clearly delineate the office's relationship
| ||||||
10 | with the principal office.
| ||||||
11 | (b) The sponsoring broker shall name a designated managing | ||||||
12 | broker for each
office and the
sponsoring broker shall be | ||||||
13 | responsible for supervising all designated managing brokers.
| ||||||
14 | The sponsoring
broker shall notify the Department in a manner | ||||||
15 | prescribed by the Department of the name of all designated | ||||||
16 | managing brokers of the
sponsoring broker and the office or | ||||||
17 | offices they manage.
Any changes in designated managing | ||||||
18 | brokers shall be reported to the Department in a manner | ||||||
19 | prescribed by the Department within 15
days of the
change. | ||||||
20 | Failure to do so shall subject the sponsoring broker to | ||||||
21 | discipline
under
Section 20-20 of this Act.
| ||||||
22 | (c) The sponsoring broker shall, within 24 hours, notify | ||||||
23 | the Department in a manner prescribed by the Department of any
| ||||||
24 | opening, closing, or
change in location of any office.
| ||||||
25 | (d) Except as provided in this Section, each sponsoring | ||||||
26 | broker shall
maintain an office,
or place of business within |
| |||||||
| |||||||
1 | this State for the transaction of real estate
business, shall | ||||||
2 | conspicuously
display an identification sign on the outside of | ||||||
3 | his or her physical office of adequate
size and visibility. | ||||||
4 | Any record required by this Act to be created or maintained | ||||||
5 | shall be, in the case of a physical record, securely stored and | ||||||
6 | accessible for inspection by the Department at the sponsoring | ||||||
7 | broker's principal office and, in the case of an electronic | ||||||
8 | record, securely stored in the format in which it was | ||||||
9 | originally generated, sent, or received and accessible for | ||||||
10 | inspection by the Department by secure electronic access to | ||||||
11 | the record. Any record relating to a transaction of a special | ||||||
12 | account shall be maintained for a minimum of 5 years, and any | ||||||
13 | electronic record shall be backed up at least monthly. The | ||||||
14 | office or place of business shall not be located in any
retail | ||||||
15 | or financial business
establishment unless it is clearly | ||||||
16 | separated from the other business and is situated within a
| ||||||
17 | distinct area within
the establishment. | ||||||
18 | (e) A broker who is licensed in this State by examination | ||||||
19 | or
pursuant to the
provisions of Section 5-60 of this Act shall | ||||||
20 | not be required to maintain a
definite office or place of
| ||||||
21 | business in this State provided all of the following | ||||||
22 | conditions are met:
| ||||||
23 | (1) the broker maintains an
active broker's license in | ||||||
24 | the broker's state of domicile;
| ||||||
25 | (2) the broker
maintains an office in the
broker's | ||||||
26 | state of domicile; and
|
| |||||||
| |||||||
1 | (3) the broker has filed with the Department written
| ||||||
2 | statements appointing the
Secretary to act as the broker's | ||||||
3 | agent upon whom all judicial and other
process or legal | ||||||
4 | notices
directed to the licensee may be served and | ||||||
5 | agreeing to abide by all of the
provisions of this Act
with | ||||||
6 | respect to his or her real estate activities within the | ||||||
7 | State of Illinois
and
submitting to the jurisdiction
of | ||||||
8 | the Department.
| ||||||
9 | The statements under subdivision (3) of this Section shall | ||||||
10 | be in form and
substance the same as those
statements required
| ||||||
11 | under Section 5-60 of this Act and shall operate to the same | ||||||
12 | extent.
| ||||||
13 | (f) The Department may adopt rules to permit and regulate | ||||||
14 | the operation of virtual offices that do not have a fixed | ||||||
15 | location. | ||||||
16 | (Source: P.A. 100-831, eff. 1-1-19; 101-357, eff. 8-9-19.)
| ||||||
17 | (225 ILCS 454/5-50)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
19 | Sec. 5-50. Expiration and renewal of managing broker, | ||||||
20 | broker, or residential
leasing agent license; sponsoring | ||||||
21 | broker;
register of licensees. | ||||||
22 | (a) The expiration date and renewal period for each | ||||||
23 | license issued under
this Act shall be set by
rule. Except as | ||||||
24 | otherwise provided in this Section, the holder of
a
license | ||||||
25 | may renew
the license within 90 days preceding the expiration |
| |||||||
| |||||||
1 | date thereof by completing the continuing education required | ||||||
2 | by this Act and paying the
fees specified by
rule.
| ||||||
3 | (b) An individual whose first license is that of a broker | ||||||
4 | received on or after the effective date of this amendatory Act | ||||||
5 | of the 101st General Assembly, must provide evidence of having | ||||||
6 | completed 45 hours of post-license education presented in a | ||||||
7 | classroom or a live, interactive webinar, or online distance | ||||||
8 | education course, and which shall require passage of a final | ||||||
9 | examination.
| ||||||
10 | The Board may recommend, and the Department shall approve, | ||||||
11 | 45 hours of post-license education, consisting of three | ||||||
12 | 15-hour post-license courses, one each that covers applied | ||||||
13 | brokerage principles, risk management/discipline, and | ||||||
14 | transactional issues. Each of the courses shall require its | ||||||
15 | own 50-question final examination, which shall be administered | ||||||
16 | by the education provider that delivers the course. | ||||||
17 | Individuals whose first license is that of a broker | ||||||
18 | received on or after the effective date of this amendatory Act | ||||||
19 | of the 101st General Assembly, must complete all three 15-hour | ||||||
20 | courses and successfully pass a course final examination for | ||||||
21 | each course prior to the date of the next broker renewal | ||||||
22 | deadline, except for those individuals who receive their first | ||||||
23 | license within the 180 days preceding the next broker renewal | ||||||
24 | deadline, who must complete all three 15-hour courses and | ||||||
25 | successfully pass a course final examination for each course | ||||||
26 | prior to the second broker renewal deadline that follows the |
| |||||||
| |||||||
1 | receipt of their license. | ||||||
2 | (c) Any managing broker, broker, or residential leasing | ||||||
3 | agent whose license under this Act has expired shall be | ||||||
4 | eligible to renew the license during the 2-year period | ||||||
5 | following the expiration date, provided the managing broker, | ||||||
6 | broker, or residential leasing agent pays the fees as | ||||||
7 | prescribed by rule and completes continuing education and | ||||||
8 | other requirements provided for by the Act or by rule. A | ||||||
9 | managing broker, broker, or residential leasing agent whose | ||||||
10 | license has been expired for more than 2 years but less than 5 | ||||||
11 | years may have it restored by (i) applying to the Department, | ||||||
12 | (ii) paying the required fee, (iii) completing the continuing | ||||||
13 | education requirements for the most recent term of licensure | ||||||
14 | pre-renewal period that ended prior to the date of the | ||||||
15 | application for reinstatement, and (iv) filing acceptable | ||||||
16 | proof of fitness to have the his or her license restored, as | ||||||
17 | set by rule. A managing broker, broker, or residential leasing | ||||||
18 | agent whose license has been expired for more than 5 years | ||||||
19 | shall be required to meet the requirements for a new license.
| ||||||
20 | (d) Notwithstanding any other provisions of this Act to | ||||||
21 | the contrary, any managing broker, broker, or residential | ||||||
22 | leasing agent whose license expired while the licensee he or | ||||||
23 | she was (i) on active duty with the Armed Forces of the United | ||||||
24 | States or called into service or training by the state | ||||||
25 | militia, (ii) engaged in training or education under the | ||||||
26 | supervision of the United States preliminary to induction into |
| |||||||
| |||||||
1 | military service, or (iii) serving as the Coordinator of Real | ||||||
2 | Estate in the State of Illinois or as an employee of the | ||||||
3 | Department may have the his or her license renewed, reinstated | ||||||
4 | or restored without paying any lapsed renewal fees if within 2 | ||||||
5 | years after the termination of the service, training or | ||||||
6 | education by furnishing the Department with satisfactory | ||||||
7 | evidence of service, training, or education and it has been | ||||||
8 | terminated under honorable conditions. | ||||||
9 | (e) Each licensee shall carry on one's his or her person | ||||||
10 | the his or
her license or an electronic version thereof. | ||||||
11 | (f) The Department shall provide to the sponsoring broker | ||||||
12 | a notice of renewal for all sponsored licensees by mailing the | ||||||
13 | notice to the sponsoring broker's address of record, or, at | ||||||
14 | the Department's discretion, emailing the notice to the | ||||||
15 | sponsoring broker's email address of record. | ||||||
16 | (g) Upon request from the sponsoring broker, the | ||||||
17 | Department shall make available to the sponsoring broker, by | ||||||
18 | electronic means at the discretion of the Department, a | ||||||
19 | listing of licensees under this Act who, according to the | ||||||
20 | records of the Department, are sponsored by that broker. Every | ||||||
21 | licensee associated with or employed by a broker whose license | ||||||
22 | is revoked, suspended, or expired shall be considered inactive | ||||||
23 | until such time as the sponsoring broker's license is | ||||||
24 | reinstated or renewed, or a new valid sponsorship is | ||||||
25 | registered with the Department the licensee changes employment | ||||||
26 | as set forth in subsection (b) (c) of Section 5-40 of this Act. |
| |||||||
| |||||||
1 | (h) The Department shall not renew a license if the | ||||||
2 | licensee has an unpaid fine or fee from a disciplinary matter | ||||||
3 | from a non-disciplinary action imposed by the Department until | ||||||
4 | the fine or fee is paid to the Department or the licensee has | ||||||
5 | entered into a payment plan and is current on the required | ||||||
6 | payments. | ||||||
7 | (i) The Department shall not issue a license if the | ||||||
8 | applicant has an unpaid fine imposed by the Department for | ||||||
9 | unlicensed practice until the fine is paid to the Department | ||||||
10 | or the applicant has entered into a payment plan and is current | ||||||
11 | on the required payments. | ||||||
12 | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
| ||||||
13 | (225 ILCS 454/5-70)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
15 | Sec. 5-70. Continuing education requirement; managing | ||||||
16 | broker or broker.
| ||||||
17 | (a) The requirements of this Section apply to all managing | ||||||
18 | brokers and brokers.
| ||||||
19 | (b) Except as otherwise
provided in this Section, each
| ||||||
20 | person who applies for renewal of a his or her license as a | ||||||
21 | managing broker or broker must successfully complete 12 hours | ||||||
22 | of real estate continuing education
courses recommended by the | ||||||
23 | Board and approved by
the Department during the current term | ||||||
24 | of the license. In addition, those licensees renewing or | ||||||
25 | obtaining a managing broker's license must successfully |
| |||||||
| |||||||
1 | complete a 12-hour broker management continuing education | ||||||
2 | course approved by the Department during the current term of | ||||||
3 | the license. The broker management continuing education course | ||||||
4 | must be completed in the classroom or through a live, | ||||||
5 | interactive webinar or online distance education format. No
| ||||||
6 | license may be renewed
except upon the successful completion | ||||||
7 | of the required courses or their
equivalent or upon a waiver
of | ||||||
8 | those requirements for good cause shown as determined by the | ||||||
9 | Secretary upon
the
recommendation of the Board.
The | ||||||
10 | requirements of this Article are applicable to all managing | ||||||
11 | brokers and brokers
except those managing brokers
and brokers | ||||||
12 | who, during the current term of licensure renewal period :
| ||||||
13 | (1) serve in the armed services of the United States;
| ||||||
14 | (2) serve as an elected State or federal official;
| ||||||
15 | (3) serve as a full-time employee of the Department; | ||||||
16 | or
| ||||||
17 | (4) are admitted to practice law pursuant to Illinois | ||||||
18 | Supreme Court rule.
| ||||||
19 | (c) (Blank). | ||||||
20 | (d) A
person receiving an initial license
during the 90 | ||||||
21 | days before the renewal date shall not be
required to complete | ||||||
22 | the continuing
education courses provided for in subsection | ||||||
23 | (b) of this
Section as a condition of initial license renewal.
| ||||||
24 | (e) The continuing education requirement for brokers and | ||||||
25 | managing brokers shall
consist of a single core
curriculum and | ||||||
26 | an elective curriculum, to be recommended by the Board and |
| |||||||
| |||||||
1 | approved by the Department in accordance with this subsection. | ||||||
2 | The core curriculum shall not be further divided into | ||||||
3 | subcategories or divisions of instruction. The core curriculum | ||||||
4 | shall consist of 4 hours during the current term of the license | ||||||
5 | on subjects that may include, but are not limited to, | ||||||
6 | advertising, agency, disclosures, escrow, fair housing, | ||||||
7 | residential leasing agent management, and license law. The | ||||||
8 | amount of time allotted to each of these subjects shall be | ||||||
9 | recommended by the Board and determined by the Department. The | ||||||
10 | Department, upon the recommendation of the Board, shall review | ||||||
11 | the core curriculum every 4 years, at a minimum, and shall | ||||||
12 | revise the curriculum if necessary. However, the core | ||||||
13 | curriculum's total hourly requirement shall only be subject to | ||||||
14 | change by amendment of this subsection, and any change to the | ||||||
15 | core curriculum shall not be effective for a period of 6 months | ||||||
16 | after such change is made by the Department. The Department | ||||||
17 | shall provide notice to all approved education providers of | ||||||
18 | any changes to the core curriculum. When determining whether | ||||||
19 | revisions of the core curriculum's subjects or specific time | ||||||
20 | requirements are necessary, the Board shall consider
recent | ||||||
21 | changes in applicable laws, new laws, and areas
of the license | ||||||
22 | law and the Department policy that the Board deems | ||||||
23 | appropriate,
and any other subject
areas the Board deems | ||||||
24 | timely and applicable in order to prevent
violations of this | ||||||
25 | Act
and to protect the public.
In establishing a | ||||||
26 | recommendation to the Department regarding the elective |
| |||||||
| |||||||
1 | curriculum, the Board shall consider
subjects that cover
the | ||||||
2 | various aspects of the practice of real estate that are | ||||||
3 | covered under the
scope of this Act.
| ||||||
4 | (f) The subject areas of continuing education courses | ||||||
5 | recommended by the Board and approved by the Department shall | ||||||
6 | be meant to protect the professionalism of the industry, the | ||||||
7 | consumer, and the public and prevent violations of this Act | ||||||
8 | and
may
include without limitation the following:
| ||||||
9 | (1) license law and escrow;
| ||||||
10 | (2) antitrust;
| ||||||
11 | (3) fair housing;
| ||||||
12 | (4) agency;
| ||||||
13 | (5) appraisal;
| ||||||
14 | (6) property management;
| ||||||
15 | (7) residential brokerage;
| ||||||
16 | (8) farm property management;
| ||||||
17 | (9) transaction management rights and duties of | ||||||
18 | parties in a transaction;
| ||||||
19 | (10) commercial brokerage and leasing;
| ||||||
20 | (11) real estate financing;
| ||||||
21 | (12) disclosures; | ||||||
22 | (13) residential leasing agent management; | ||||||
23 | (14) advertising; | ||||||
24 | (15) broker supervision and designated managing broker | ||||||
25 | responsibility; | ||||||
26 | (16) professional conduct; and |
| |||||||
| |||||||
1 | (17) use of technology. | ||||||
2 | (g) In lieu of credit for those courses listed in | ||||||
3 | subsection (f) of this
Section, credit may be
earned for | ||||||
4 | serving as a licensed instructor in an approved course of | ||||||
5 | continuing
education. The
amount of credit earned for teaching | ||||||
6 | a course shall be the amount of continuing
education credit | ||||||
7 | for
which the course is approved for licensees taking the | ||||||
8 | course.
| ||||||
9 | (h) Credit hours may be earned for self-study programs | ||||||
10 | approved by the Department.
| ||||||
11 | (i) A managing broker or broker may earn credit for a | ||||||
12 | specific continuing
education course only
once during the | ||||||
13 | current term of the license.
| ||||||
14 | (j) No more than 12 hours of continuing education credit | ||||||
15 | may be taken in one
calendar day.
| ||||||
16 | (k) To promote the offering of a uniform and consistent | ||||||
17 | course content, the Department may provide for the development | ||||||
18 | of a single broker management course to be offered by all | ||||||
19 | education providers who choose to offer the broker management | ||||||
20 | continuing education course. The Department may contract for | ||||||
21 | the development of the 12-hour broker management continuing | ||||||
22 | education course with an outside vendor or consultant and, if | ||||||
23 | the course is developed in this manner, the Department or the | ||||||
24 | outside consultant shall license the use of that course to all | ||||||
25 | approved education providers who wish to provide the course.
| ||||||
26 | (l) Except as specifically provided in this Act, |
| |||||||
| |||||||
1 | continuing education credit hours may not be earned for | ||||||
2 | completion of pre-license or post-license courses. The courses | ||||||
3 | comprising the approved 45-hour post-license curriculum for | ||||||
4 | broker licensees shall satisfy the continuing education | ||||||
5 | requirement for the initial broker license term period in | ||||||
6 | which the courses are taken . The approved 45-hour managing | ||||||
7 | broker pre-license brokerage administration and management | ||||||
8 | course shall satisfy the 12-hour broker management continuing | ||||||
9 | education requirement for the initial managing broker license | ||||||
10 | term in which the course is taken . | ||||||
11 | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
| ||||||
12 | (225 ILCS 454/15-35)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
14 | Sec. 15-35. Agency relationship disclosure.
| ||||||
15 | (a) A licensee acting as a designated agent shall advise a | ||||||
16 | consumer in writing, no later than beginning to work as a | ||||||
17 | designated agent on behalf of the consumer, of the following:
| ||||||
18 | (1) That a designated agency relationship exists, | ||||||
19 | unless there is written
agreement
between the sponsoring | ||||||
20 | broker and the consumer providing for a different agency
| ||||||
21 | relationship; and
| ||||||
22 | (2) The name or names of the his or her designated | ||||||
23 | agent or agents on the written disclosure, which can be | ||||||
24 | included in a brokerage agreement or be a separate | ||||||
25 | document, a copy of which is retained by the sponsoring |
| |||||||
| |||||||
1 | broker real estate brokerage firm for the licensee.
| ||||||
2 | (b) The licensee representing the consumer shall discuss | ||||||
3 | with the consumer the sponsoring broker's compensation and | ||||||
4 | policy with regard to
cooperating with
brokers who represent | ||||||
5 | other parties in a transaction.
| ||||||
6 | (c) A licensee shall disclose in writing to a customer | ||||||
7 | that the licensee is
not acting as the agent
of the customer at | ||||||
8 | a time intended to prevent disclosure of confidential
| ||||||
9 | information from a
customer to a licensee, but in no event | ||||||
10 | later than the preparation of an offer
to purchase or lease | ||||||
11 | real
property.
| ||||||
12 | (Source: P.A. 101-357, eff. 8-9-19.)
| ||||||
13 | (225 ILCS 454/15-45)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
15 | Sec. 15-45. Dual agency.
| ||||||
16 | (a) An individual licensee may act as a dual agent or a | ||||||
17 | sponsoring broker may permit one or more of its sponsored | ||||||
18 | licensees to act as dual agents in the same transaction only | ||||||
19 | with the informed written
consent of all clients.
Informed | ||||||
20 | written consent shall be presumed to have been given by any | ||||||
21 | client who
signs a document
that includes the following:
| ||||||
22 | "The undersigned (insert name(s)), ("Licensee"), may | ||||||
23 | undertake a dual
representation (represent
both the seller | ||||||
24 | or landlord and the buyer or tenant) for the sale or lease | ||||||
25 | of
property. The
undersigned acknowledge they were |
| |||||||
| |||||||
1 | informed of the possibility of this type of
| ||||||
2 | representation.
Before signing this document please read | ||||||
3 | the following:
Representing more than one party to a | ||||||
4 | transaction presents a conflict of
interest since both | ||||||
5 | clients
may rely upon Licensee's advice and the client's | ||||||
6 | respective interests may be
adverse to each other.
| ||||||
7 | Licensee will undertake this representation only with the | ||||||
8 | written consent of
ALL clients in the
transaction.
Any | ||||||
9 | agreement between the clients as to a final contract price | ||||||
10 | and other terms
is a result of
negotiations between the | ||||||
11 | clients acting in their own best interests and on
their | ||||||
12 | own behalf. You
acknowledge that Licensee has explained | ||||||
13 | the implications of dual
representation, including the
| ||||||
14 | risks involved, and understand that you have been advised | ||||||
15 | to seek independent
advice from your
advisors or attorneys | ||||||
16 | before signing any documents in this transaction.
| ||||||
17 | WHAT A LICENSEE CAN DO FOR CLIENTS
| ||||||
18 | WHEN ACTING AS A DUAL AGENT
| ||||||
19 | 1. Treat all clients honestly.
| ||||||
20 | 2. Provide information about the property to the buyer or | ||||||
21 | tenant.
| ||||||
22 | 3. Disclose all latent material defects in the property | ||||||
23 | that are known to
the
Licensee.
| ||||||
24 | 4. Disclose financial qualification of the buyer or tenant | ||||||
25 | to the seller or
landlord.
| ||||||
26 | 5. Explain real estate terms.
|
| |||||||
| |||||||
1 | 6. Help the buyer or tenant to arrange for property | ||||||
2 | inspections.
| ||||||
3 | 7. Explain closing costs and procedures.
| ||||||
4 | 8. Help the buyer compare financing alternatives.
| ||||||
5 | 9. Provide information about comparable properties that | ||||||
6 | have sold so both
clients may
make educated decisions on | ||||||
7 | what price to accept or offer.
| ||||||
8 | WHAT LICENSEE CANNOT DISCLOSE TO CLIENTS WHEN
| ||||||
9 | ACTING AS A DUAL AGENT
| ||||||
10 | 1. Confidential information that Licensee may know about a | ||||||
11 | client,
without that
client's permission.
| ||||||
12 | 2. The price or terms the seller or landlord will take | ||||||
13 | other than the listing price
without
permission of the | ||||||
14 | seller or landlord.
| ||||||
15 | 3. The price or terms the buyer or tenant is willing to pay | ||||||
16 | without permission of the
buyer or tenant.
| ||||||
17 | 4. A recommended or suggested price or terms the buyer or | ||||||
18 | tenant should offer.
| ||||||
19 | 5. A recommended or suggested price or terms the seller or | ||||||
20 | landlord should counter
with or
accept.
| ||||||
21 | If either client is uncomfortable with this disclosure | ||||||
22 | and dual
representation, please
let Licensee know.
You are | ||||||
23 | not required to sign this document unless you want to | ||||||
24 | allow Licensee to
proceed as a Dual Agent in this | ||||||
25 | transaction.
By signing below, you acknowledge that you | ||||||
26 | have read and understand this form
and voluntarily consent |
| |||||||
| |||||||
1 | to Licensee acting as a Dual Agent (that is, to
represent
| ||||||
2 | BOTH the seller or landlord and the buyer or tenant) | ||||||
3 | should that become
necessary."
| ||||||
4 | (b) The dual agency disclosure form provided for in | ||||||
5 | subsection (a) of this
Section must be
presented by a | ||||||
6 | licensee, who offers dual representation, to the client at the
| ||||||
7 | time the brokerage
agreement is entered into and may be signed | ||||||
8 | by the client at that time or at
any time before the
licensee | ||||||
9 | acts as a dual agent as to the client.
| ||||||
10 | (c) A licensee acting in a dual agency capacity in a | ||||||
11 | transaction must obtain
a written
confirmation from the | ||||||
12 | licensee's clients of their prior consent for the
licensee to
| ||||||
13 | act as a dual agent in the
transaction.
This confirmation | ||||||
14 | should be obtained at the time the clients are executing any
| ||||||
15 | offer or contract to
purchase or lease in a transaction in | ||||||
16 | which the licensee is acting as a dual
agent. This | ||||||
17 | confirmation
may be included in another document, such as a | ||||||
18 | contract to purchase, in which
case the client must
not only | ||||||
19 | sign the document but also initial the confirmation of dual | ||||||
20 | agency
provision. That
confirmation must state, at a minimum, | ||||||
21 | the following:
| ||||||
22 | "The undersigned confirm that they have previously | ||||||
23 | consented to (insert
name(s)),
("Licensee"), acting as a | ||||||
24 | Dual Agent in providing brokerage services on their
behalf
| ||||||
25 | and specifically consent to Licensee acting as a Dual | ||||||
26 | Agent in regard to the
transaction referred to in this |
| |||||||
| |||||||
1 | document."
| ||||||
2 | (d) No cause of action shall arise on behalf of any person | ||||||
3 | against a dual
agent for making
disclosures allowed or | ||||||
4 | required by this Article, and the dual agent does not
| ||||||
5 | terminate any agency
relationship by making the allowed or | ||||||
6 | required disclosures.
| ||||||
7 | (e) In the case of dual agency, each client and the | ||||||
8 | licensee possess only
actual knowledge and
information. There | ||||||
9 | shall be no imputation of knowledge or information among or
| ||||||
10 | between clients,
brokers, or their affiliated licensees.
| ||||||
11 | (f) In any transaction, a licensee may without liability | ||||||
12 | withdraw from
representing a client who
has not consented to a | ||||||
13 | disclosed dual agency. The withdrawal shall not
prejudice the | ||||||
14 | ability of the
licensee to continue to represent the other | ||||||
15 | client in the transaction or limit
the licensee from
| ||||||
16 | representing the client in other transactions. When a | ||||||
17 | withdrawal as
contemplated in this subsection
(f) occurs, the | ||||||
18 | licensee shall not receive a referral fee for referring a
| ||||||
19 | client to another licensee unless
written disclosure is made | ||||||
20 | to both the withdrawing client and the client that
continues | ||||||
21 | to be
represented by the licensee.
| ||||||
22 | (g) A licensee shall not serve as a dual agent in any | ||||||
23 | transaction when the licensee, or an entity in which the | ||||||
24 | licensee has or will have any ownership interest, is a party to | ||||||
25 | the transaction. | ||||||
26 | (Source: P.A. 101-357, eff. 8-9-19.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/20-20)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
3 | Sec. 20-20. Nature of and grounds for discipline. | ||||||
4 | (a) The Department may refuse to issue or renew a license, | ||||||
5 | may place on probation, suspend,
or
revoke any
license, | ||||||
6 | reprimand, or take any other disciplinary or non-disciplinary | ||||||
7 | action as the Department may deem proper and impose a
fine not | ||||||
8 | to exceed
$25,000 upon any licensee or applicant under this | ||||||
9 | Act or any person who holds oneself himself or herself out as | ||||||
10 | an applicant or licensee or against a licensee in handling | ||||||
11 | one's his or her own property, whether held by deed, option, or | ||||||
12 | otherwise, for any one or any combination of the
following | ||||||
13 | causes:
| ||||||
14 | (1) Fraud or misrepresentation in applying for, or | ||||||
15 | procuring, a license under this Act or in connection with | ||||||
16 | applying for renewal of a license under this Act.
| ||||||
17 | (2) The licensee's conviction of or plea of guilty or | ||||||
18 | plea of nolo contendere , as set forth in subsection (e) of | ||||||
19 | Section 5-25, to: (A) a felony or misdemeanor in this | ||||||
20 | State or any other jurisdiction; or (B) the entry of an | ||||||
21 | administrative sanction by a government agency in this | ||||||
22 | State or any other jurisdiction ; or (C) any crime that | ||||||
23 | subjects the licensee to compliance with the requirements | ||||||
24 | of the Sex Offender Registration Act . Action taken under | ||||||
25 | this paragraph (2) for a misdemeanor or an administrative |
| |||||||
| |||||||
1 | sanction is limited to a misdemeanor or administrative | ||||||
2 | sanction that has as an
essential element dishonesty or | ||||||
3 | fraud or involves larceny, embezzlement,
or obtaining | ||||||
4 | money, property, or credit by false pretenses or by means | ||||||
5 | of a
confidence
game.
| ||||||
6 | (3) Inability to practice the profession with | ||||||
7 | reasonable judgment, skill, or safety as a result of a | ||||||
8 | physical illness, including, but not limited to, | ||||||
9 | deterioration through the aging process or loss of motor | ||||||
10 | skill, or a mental illness , or disability.
| ||||||
11 | (4) Practice under this Act as a licensee in a retail | ||||||
12 | sales establishment from an office, desk, or space that
is | ||||||
13 | not
separated from the main retail business and located | ||||||
14 | within a separate and distinct area within
the
| ||||||
15 | establishment.
| ||||||
16 | (5) Having been disciplined by another state, the | ||||||
17 | District of Columbia, a territory, a foreign nation, or a | ||||||
18 | governmental agency authorized to impose discipline if at | ||||||
19 | least one of the grounds for that discipline is the same as | ||||||
20 | or
the
equivalent of one of the grounds for which a | ||||||
21 | licensee may be disciplined under this Act. A certified | ||||||
22 | copy of the record of the action by the other state or | ||||||
23 | jurisdiction shall be prima facie evidence thereof.
| ||||||
24 | (6) Engaging in the practice of real estate brokerage
| ||||||
25 | without a
license or after the licensee's license or | ||||||
26 | temporary permit was expired or while the license was |
| |||||||
| |||||||
1 | inactive, revoked, or suspended.
| ||||||
2 | (7) Cheating on or attempting to subvert the Real
| ||||||
3 | Estate License Exam or a continuing education course or | ||||||
4 | examination. | ||||||
5 | (8) Aiding or abetting an applicant
to
subvert or | ||||||
6 | cheat on the Real Estate License Exam or continuing | ||||||
7 | education exam
administered pursuant to this Act.
| ||||||
8 | (9) Advertising that is inaccurate, misleading, or | ||||||
9 | contrary to the provisions of the Act.
| ||||||
10 | (10) Making any substantial misrepresentation or | ||||||
11 | untruthful advertising.
| ||||||
12 | (11) Making any false promises of a character likely | ||||||
13 | to influence,
persuade,
or induce.
| ||||||
14 | (12) Pursuing a continued and flagrant course of | ||||||
15 | misrepresentation or the
making
of false promises through | ||||||
16 | licensees, employees, agents, advertising, or
otherwise.
| ||||||
17 | (13) Any misleading or untruthful advertising, or | ||||||
18 | using any trade name or
insignia of membership in any real | ||||||
19 | estate organization of which the licensee is
not a member.
| ||||||
20 | (14) Acting for more than one party in a transaction | ||||||
21 | without providing
written
notice to all parties for whom | ||||||
22 | the licensee acts.
| ||||||
23 | (15) Representing or attempting to represent, or | ||||||
24 | performing licensed activities for, a broker other than | ||||||
25 | the
sponsoring broker.
| ||||||
26 | (16) Failure to account for or to remit any moneys or |
| |||||||
| |||||||
1 | documents coming into the licensee's
his or her possession | ||||||
2 | that belong to others.
| ||||||
3 | (17) Failure to maintain and deposit in a special | ||||||
4 | account, separate and
apart from
personal and other | ||||||
5 | business accounts, all escrow moneys belonging to others
| ||||||
6 | entrusted to a licensee
while acting as a broker, escrow | ||||||
7 | agent, or temporary custodian of
the funds of others or
| ||||||
8 | failure to maintain all escrow moneys on deposit in the | ||||||
9 | account until the
transactions are
consummated or | ||||||
10 | terminated, except to the extent that the moneys, or any | ||||||
11 | part
thereof, shall be: | ||||||
12 | (A)
disbursed prior to the consummation or | ||||||
13 | termination (i) in accordance with
the
written | ||||||
14 | direction of
the principals to the transaction or | ||||||
15 | their duly authorized agents, (ii) in accordance with
| ||||||
16 | directions providing for the
release, payment, or | ||||||
17 | distribution of escrow moneys contained in any written
| ||||||
18 | contract signed by the
principals to the transaction | ||||||
19 | or their duly authorized agents,
or (iii)
pursuant to | ||||||
20 | an order of a court of competent
jurisdiction; or | ||||||
21 | (B) deemed abandoned and transferred to the Office | ||||||
22 | of the State Treasurer to be handled as unclaimed | ||||||
23 | property pursuant to the Revised Uniform Unclaimed | ||||||
24 | Property Act. Escrow moneys may be deemed abandoned | ||||||
25 | under this subparagraph (B) only: (i) in the absence | ||||||
26 | of disbursement under subparagraph (A); (ii) in the |
| |||||||
| |||||||
1 | absence of notice of the filing of any claim in a court | ||||||
2 | of competent jurisdiction; and (iii) if 6 months have | ||||||
3 | elapsed after the receipt of a written demand for the | ||||||
4 | escrow moneys from one of the principals to the | ||||||
5 | transaction or the principal's duly authorized agent.
| ||||||
6 | The account
shall be noninterest
bearing, unless the | ||||||
7 | character of the deposit is such that payment of interest
| ||||||
8 | thereon is otherwise
required by law or unless the | ||||||
9 | principals to the transaction specifically
require, in | ||||||
10 | writing, that the
deposit be placed in an interest-bearing | ||||||
11 | account.
| ||||||
12 | (18) Failure to make available to the Department all | ||||||
13 | escrow records and related documents
maintained in | ||||||
14 | connection
with the practice of real estate within 24 | ||||||
15 | hours of a request for those
documents by Department | ||||||
16 | personnel.
| ||||||
17 | (19) Failing to furnish copies upon request of | ||||||
18 | documents relating to a
real
estate transaction to a party | ||||||
19 | who has executed that document.
| ||||||
20 | (20) Failure of a sponsoring broker or licensee to | ||||||
21 | timely provide sponsorship or termination of sponsorship | ||||||
22 | information to the Department.
| ||||||
23 | (21) Engaging in dishonorable, unethical, or | ||||||
24 | unprofessional conduct of a
character
likely to deceive, | ||||||
25 | defraud, or harm the public, including, but not limited | ||||||
26 | to, conduct set forth in rules adopted by the Department.
|
| |||||||
| |||||||
1 | (22) Commingling the money or property of others with | ||||||
2 | the licensee's his or her own money or property.
| ||||||
3 | (23) Employing any person on a purely temporary or | ||||||
4 | single deal basis as a
means
of evading the law regarding | ||||||
5 | payment of commission to nonlicensees on some
contemplated
| ||||||
6 | transactions.
| ||||||
7 | (24) Permitting the use of one's his or her license as | ||||||
8 | a broker to enable a residential
leasing agent or
| ||||||
9 | unlicensed person to operate a real estate business | ||||||
10 | without actual
participation therein and control
thereof | ||||||
11 | by the broker.
| ||||||
12 | (25) Any other conduct, whether of the same or a | ||||||
13 | different character from
that
specified in this Section, | ||||||
14 | that constitutes dishonest dealing.
| ||||||
15 | (26) Displaying a "for rent" or "for sale" sign on any | ||||||
16 | property without
the written
consent of an owner or the | ||||||
17 | owner's his or her duly authorized agent or advertising by | ||||||
18 | any
means that any property is
for sale or for rent without | ||||||
19 | the written consent of the owner or the owner's his or her
| ||||||
20 | authorized agent.
| ||||||
21 | (27) Failing to provide information requested by the | ||||||
22 | Department, or otherwise respond to that request, within | ||||||
23 | 30 days of
the
request.
| ||||||
24 | (28) Advertising by means of a blind advertisement, | ||||||
25 | except as otherwise
permitted in Section 10-30 of this | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (29) A licensee under this Act or an unlicensed | ||||||
2 | individual offering guaranteed sales plans, as defined in | ||||||
3 | Section 10-50, except to
the extent set forth in Section | ||||||
4 | 10-50.
| ||||||
5 | (30) Influencing or attempting to influence, by any | ||||||
6 | words or acts, a
prospective
seller, purchaser, occupant, | ||||||
7 | landlord, or tenant of real estate, in connection
with | ||||||
8 | viewing, buying, or
leasing real estate, so as to promote | ||||||
9 | or tend to promote the continuance
or maintenance of
| ||||||
10 | racially and religiously segregated housing or so as to | ||||||
11 | retard, obstruct, or
discourage racially
integrated | ||||||
12 | housing on or in any street, block, neighborhood, or | ||||||
13 | community.
| ||||||
14 | (31) Engaging in any act that constitutes a violation | ||||||
15 | of any provision of
Article 3 of the Illinois Human Rights | ||||||
16 | Act, whether or not a complaint has
been filed with or
| ||||||
17 | adjudicated by the Human Rights Commission.
| ||||||
18 | (32) Inducing any party to a contract of sale or lease | ||||||
19 | or brokerage
agreement to
break the contract of sale or | ||||||
20 | lease or brokerage agreement for the purpose of
| ||||||
21 | substituting, in lieu
thereof, a new contract for sale or | ||||||
22 | lease or brokerage agreement with a third
party.
| ||||||
23 | (33) Negotiating a sale, exchange, or lease of real | ||||||
24 | estate directly with
any person
if the licensee knows that | ||||||
25 | the person has an exclusive brokerage
agreement with | ||||||
26 | another
broker, unless specifically authorized by that |
| |||||||
| |||||||
1 | broker.
| ||||||
2 | (34) When a licensee is also an attorney, acting as | ||||||
3 | the attorney for
either the
buyer or the seller in the same | ||||||
4 | transaction in which the licensee is acting or
has acted | ||||||
5 | as a managing broker
or broker.
| ||||||
6 | (35) Advertising or offering merchandise or services | ||||||
7 | as free if any
conditions or
obligations necessary for | ||||||
8 | receiving the merchandise or services are not
disclosed in | ||||||
9 | the same
advertisement or offer. These conditions or | ||||||
10 | obligations include without
limitation the
requirement | ||||||
11 | that the recipient attend a promotional activity or visit | ||||||
12 | a real
estate site. As used in this
subdivision (35), | ||||||
13 | "free" includes terms such as "award", "prize", "no | ||||||
14 | charge",
"free of charge",
"without charge", and similar | ||||||
15 | words or phrases that reasonably lead a person to
believe | ||||||
16 | that one he or she
may receive or has been selected to | ||||||
17 | receive something of value, without any
conditions or
| ||||||
18 | obligations on the part of the recipient.
| ||||||
19 | (36) (Blank).
| ||||||
20 | (37) Violating the terms of a disciplinary order
| ||||||
21 | issued by the Department.
| ||||||
22 | (38) Paying or failing to disclose compensation in | ||||||
23 | violation of Article 10 of this Act.
| ||||||
24 | (39) Requiring a party to a transaction who is not a | ||||||
25 | client of the
licensee
to allow the licensee to retain a | ||||||
26 | portion of the escrow moneys for payment of
the licensee's |
| |||||||
| |||||||
1 | commission or expenses as a condition for release of the | ||||||
2 | escrow
moneys to that party.
| ||||||
3 | (40) Disregarding or violating any provision of this | ||||||
4 | Act or the published
rules adopted
by the Department to | ||||||
5 | enforce this Act or aiding or abetting any individual, | ||||||
6 | foreign or domestic
partnership, registered limited | ||||||
7 | liability partnership, limited liability
company, | ||||||
8 | corporation, or other business entity in
disregarding any | ||||||
9 | provision of this Act or the published rules adopted by | ||||||
10 | the Department
to enforce this Act.
| ||||||
11 | (41) Failing to provide the minimum services required | ||||||
12 | by Section 15-75 of this Act when acting under an | ||||||
13 | exclusive brokerage agreement.
| ||||||
14 | (42) Habitual or excessive use of or addiction to | ||||||
15 | alcohol, narcotics, stimulants, or any other chemical | ||||||
16 | agent or drug that results in a managing broker, broker, | ||||||
17 | or residential leasing agent's inability to practice with | ||||||
18 | reasonable skill or safety. | ||||||
19 | (43) Enabling, aiding, or abetting an auctioneer, as | ||||||
20 | defined in the Auction License Act, to conduct a real | ||||||
21 | estate auction in a manner that is in violation of this | ||||||
22 | Act. | ||||||
23 | (44) Permitting any residential leasing agent or | ||||||
24 | temporary residential leasing agent permit holder to | ||||||
25 | engage in activities that require a broker's or managing | ||||||
26 | broker's license. |
| |||||||
| |||||||
1 | (45) Failing to notify the Department , of any criminal | ||||||
2 | conviction that occurs during the licensee's term of | ||||||
3 | licensure within 30 days after the occurrence, of the | ||||||
4 | information required in subsection (e) of Section 5-25 | ||||||
5 | conviction . | ||||||
6 | (46) A designated managing broker's failure to provide | ||||||
7 | an appropriate written company policy or failure to | ||||||
8 | perform any of the duties set forth in Section 10-55. | ||||||
9 | (b) The Department may refuse to issue or renew or may | ||||||
10 | suspend the license of any person who fails to file a return, | ||||||
11 | pay the tax, penalty or interest shown in a filed return, or | ||||||
12 | pay any final assessment of tax, penalty, or interest, as | ||||||
13 | required by any tax Act administered by the Department of | ||||||
14 | Revenue, until such time as the requirements of that tax Act | ||||||
15 | are satisfied in accordance with subsection (g) of Section | ||||||
16 | 2105-15 of the Department of Professional Regulation Law of | ||||||
17 | the Civil Administrative Code of Illinois. | ||||||
18 | (c) (Blank). | ||||||
19 | (d) In cases where the Department of Healthcare and Family | ||||||
20 | Services (formerly Department of Public Aid) has previously | ||||||
21 | determined that a licensee or a potential licensee is more | ||||||
22 | than 30 days delinquent in the payment of child support and has | ||||||
23 | subsequently certified the delinquency to the Department may | ||||||
24 | refuse to issue or renew or may revoke or suspend that person's | ||||||
25 | license or may take other disciplinary action against that | ||||||
26 | person based solely upon the certification of delinquency made |
| |||||||
| |||||||
1 | by the Department of Healthcare and Family Services in | ||||||
2 | accordance with item (5) of subsection (a) of Section 2105-15 | ||||||
3 | of the Department of Professional Regulation Law of the Civil | ||||||
4 | Administrative Code of Illinois. | ||||||
5 | (e) (Blank). In enforcing this Section, the Department or | ||||||
6 | Board upon a showing of a possible violation may compel an | ||||||
7 | individual licensed to practice under this Act, or who has | ||||||
8 | applied for licensure under this Act, to submit to a mental or | ||||||
9 | physical examination, or both, as required by and at the | ||||||
10 | expense of the Department. The Department or Board may order | ||||||
11 | the examining physician to present testimony concerning the | ||||||
12 | mental or physical examination of the licensee or applicant. | ||||||
13 | No information shall be excluded by reason of any common law or | ||||||
14 | statutory privilege relating to communications between the | ||||||
15 | licensee or applicant and the examining physician. The | ||||||
16 | examining physicians shall be specifically designated by the | ||||||
17 | Board or Department. The individual to be examined may have, | ||||||
18 | at his or her own expense, another physician of his or her | ||||||
19 | choice present during all aspects of this examination. Failure | ||||||
20 | of an individual to submit to a mental or physical | ||||||
21 | examination, when directed, shall be grounds for suspension of | ||||||
22 | his or her license until the individual submits to the | ||||||
23 | examination if the Department finds, after notice and hearing, | ||||||
24 | that the refusal to submit to the examination was without | ||||||
25 | reasonable cause. | ||||||
26 | If the Department or Board finds an individual unable to |
| |||||||
| |||||||
1 | practice because of the reasons set forth in this Section, the | ||||||
2 | Department or Board may require that individual to submit to | ||||||
3 | care, counseling, or treatment by physicians approved or | ||||||
4 | designated by the Department or Board, as a condition, term, | ||||||
5 | or restriction for continued, reinstated, or renewed licensure | ||||||
6 | to practice; or, in lieu of care, counseling, or treatment, | ||||||
7 | the Department may file, or the Board may recommend to the | ||||||
8 | Department to file, a complaint to immediately suspend, | ||||||
9 | revoke, or otherwise discipline the license of the individual. | ||||||
10 | An individual whose license was granted, continued, | ||||||
11 | reinstated, renewed, disciplined or supervised subject to such | ||||||
12 | terms, conditions, or restrictions, and who fails to comply | ||||||
13 | with such terms, conditions, or restrictions, shall be | ||||||
14 | referred to the Secretary for a determination as to whether | ||||||
15 | the individual shall have his or her license suspended | ||||||
16 | immediately, pending a hearing by the Department. | ||||||
17 | In instances in which the Secretary immediately suspends a | ||||||
18 | person's license under this Section, a hearing on that | ||||||
19 | person's license must be convened by the Department within 30 | ||||||
20 | days after the suspension and completed without appreciable | ||||||
21 | delay. The Department and Board shall have the authority to | ||||||
22 | review the subject individual's record of treatment and | ||||||
23 | counseling regarding the impairment to the extent permitted by | ||||||
24 | applicable federal statutes and regulations safeguarding the | ||||||
25 | confidentiality of medical records. | ||||||
26 | An individual licensed under this Act and affected under |
| |||||||
| |||||||
1 | this Section shall be afforded an opportunity to demonstrate | ||||||
2 | to the Department or Board that he or she can resume practice | ||||||
3 | in compliance with acceptable and prevailing standards under | ||||||
4 | the provisions of his or her license. | ||||||
5 | (Source: P.A. 100-22, eff. 1-1-18; 100-188, eff. 1-1-18; | ||||||
6 | 100-534, eff. 9-22-17; 100-831, eff. 1-1-19; 100-863, eff. | ||||||
7 | 8-14-18; 100-872, eff. 8-14-18; 101-81, eff. 7-12-19; 101-357, | ||||||
8 | eff. 8-9-19.)
| ||||||
9 | (225 ILCS 454/20-20.1) | ||||||
10 | (Section scheduled to be repealed on January 1, 2030) | ||||||
11 | Sec. 20-20.1. Citations. | ||||||
12 | (a) The Department may adopt rules to permit the issuance | ||||||
13 | of citations to any licensee for failure to comply with the | ||||||
14 | continuing education requirements set forth in this Act or as | ||||||
15 | adopted by rule. The citation shall be issued to the licensee, | ||||||
16 | and a copy shall be sent to the licensee's his or her | ||||||
17 | designated managing broker and sponsoring broker. The citation | ||||||
18 | shall contain the licensee's name and address, the licensee's | ||||||
19 | license number, the number of required hours of continuing | ||||||
20 | education that have not been successfully completed by the | ||||||
21 | licensee's licensee within the renewal deadline period , and | ||||||
22 | the penalty imposed, which shall not exceed $2,000. The | ||||||
23 | issuance of any such citation shall not excuse the licensee | ||||||
24 | from completing all continuing education required for that | ||||||
25 | term of licensure renewal period . |
| |||||||
| |||||||
1 | (b) Service of a citation shall be made by in person, | ||||||
2 | electronically, or by mail to the licensee at the licensee's | ||||||
3 | address of record or email address of record, and must clearly | ||||||
4 | state that if the cited licensee wishes to dispute the | ||||||
5 | citation, the cited licensee he or she may make a written | ||||||
6 | request, within 30 days after the citation is served, for a | ||||||
7 | hearing before the Department. If the cited licensee does not | ||||||
8 | request a hearing within 30 days after the citation is served, | ||||||
9 | then the citation shall become a final, non-disciplinary | ||||||
10 | order, and any fine imposed is due and payable within 60 days | ||||||
11 | after that final order. If the cited licensee requests a | ||||||
12 | hearing within 30 days after the citation is served, the | ||||||
13 | Department shall afford the cited licensee a hearing conducted | ||||||
14 | in the same manner as a hearing provided for in this Act for | ||||||
15 | any violation of this Act and shall determine whether the | ||||||
16 | cited licensee committed the violation as charged and whether | ||||||
17 | the fine as levied is warranted. If the violation is found, any | ||||||
18 | fine shall constitute non-public discipline and be due and | ||||||
19 | payable within 30 days after the order of the Secretary, which | ||||||
20 | shall constitute a final order of the Department. No change in | ||||||
21 | license status may be made by the Department until such time as | ||||||
22 | a final order of the Department has been issued. | ||||||
23 | (c) Payment of a fine that has been assessed pursuant to | ||||||
24 | this Section shall not constitute disciplinary action | ||||||
25 | reportable on the Department's website or elsewhere unless a | ||||||
26 | licensee has previously received 2 or more citations and has |
| |||||||
| |||||||
1 | been assessed paid 2 or more fines. | ||||||
2 | (d) Nothing in this Section shall prohibit or limit the | ||||||
3 | Department from taking further action pursuant to this Act and | ||||||
4 | rules for additional, repeated, or continuing violations.
| ||||||
5 | (Source: P.A. 101-357, eff. 8-9-19.) | ||||||
6 | (225 ILCS 454/20-69) | ||||||
7 | (Section scheduled to be repealed on January 1, 2030) | ||||||
8 | Sec. 20-69. Restoration of a suspended or revoked license. | ||||||
9 | At any time after the successful completion of a term of | ||||||
10 | suspension or revocation of an individual's a license, the | ||||||
11 | Department may restore it to the licensee, upon the written | ||||||
12 | recommendation of the Board, unless after an investigation and | ||||||
13 | a hearing the Board determines that restoration is not in the | ||||||
14 | public interest.
| ||||||
15 | (Source: P.A. 96-856, eff. 12-31-09 .)
| ||||||
16 | (225 ILCS 454/20-75)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
18 | Sec. 20-75. Administrative Review venue.
| ||||||
19 | (a) All final administrative decisions of the Department | ||||||
20 | are subject to judicial review under
the Administrative Review | ||||||
21 | Law and its
rules. The term "administrative decision" is
| ||||||
22 | defined in Section 3-101
of the Code of Civil Procedure. | ||||||
23 | (b) Proceedings for judicial review shall be commenced in | ||||||
24 | the circuit court of the court in which the party applying for |
| |||||||
| |||||||
1 | review resides, but if the party is not a resident of Illinois, | ||||||
2 | the venue shall be in Sangamon County or Cook County.
| ||||||
3 | (Source: P.A. 101-357, eff. 8-9-19.)
| ||||||
4 | (225 ILCS 454/20-110)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
6 | Sec. 20-110. Disciplinary actions of the Department not | ||||||
7 | limited. Nothing contained in Sections 20-82 20-80 through | ||||||
8 | 20-100 of this Act limits the
authority of the Department
to | ||||||
9 | take
disciplinary action against any licensee for a violation | ||||||
10 | of this Act or the
rules of the Department, nor shall the | ||||||
11 | repayment in full of all obligations to the Real Estate
| ||||||
12 | Recovery Fund by any
licensee nullify or modify the effect of | ||||||
13 | any other disciplinary proceeding
brought pursuant to this
| ||||||
14 | Act.
| ||||||
15 | (Source: P.A. 96-856, eff. 12-31-09 .)
| ||||||
16 | (225 ILCS 454/25-10)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
18 | Sec. 25-10. Real Estate Administration and Disciplinary
| ||||||
19 | Board;
duties.
There is created the Real Estate Administration | ||||||
20 | and Disciplinary Board.
The Board shall be composed of 15 | ||||||
21 | persons appointed by the Governor. Members
shall be
appointed | ||||||
22 | to the Board subject to the following conditions:
| ||||||
23 | (1) All members shall have been residents and citizens | ||||||
24 | of this State for
at least 6 years
prior to the date of |
| |||||||
| |||||||
1 | appointment.
| ||||||
2 | (2) Twelve members shall have been actively engaged as | ||||||
3 | managing brokers or
brokers or both for
at least the 10 | ||||||
4 | years prior to the appointment, 2 of whom must possess an | ||||||
5 | active pre-license instructor license.
| ||||||
6 | (3) Three members of the Board shall be public members | ||||||
7 | who represent
consumer
interests.
| ||||||
8 | None of these members shall be (i) a person who is licensed | ||||||
9 | under this
Act or a similar Act of another jurisdiction, (ii) | ||||||
10 | the spouse or immediate family member of a licensee, or (iii) a | ||||||
11 | person who has an ownership interest in a
real estate | ||||||
12 | brokerage
business , or (iv) a person the Department determines | ||||||
13 | to have any other connection with a real estate brokerage | ||||||
14 | business or a licensee .
| ||||||
15 | The members' terms shall be for 4 years and until a | ||||||
16 | successor is appointed expire upon completion of the term . No | ||||||
17 | member shall be reappointed to the Board for a term that would | ||||||
18 | cause the member's his or her cumulative service to the Board | ||||||
19 | to exceed 10 years.
Appointments to fill vacancies shall be | ||||||
20 | for the unexpired portion of the term. Those members of the | ||||||
21 | Board that satisfy the requirements of paragraph (2) shall be | ||||||
22 | chosen in a manner such that no area of the State shall be | ||||||
23 | unreasonably represented.
In making the appointments, the | ||||||
24 | Governor shall give
due consideration
to the recommendations | ||||||
25 | by members and organizations of the profession.
The Governor | ||||||
26 | may terminate the appointment of any member for cause that in |
| |||||||
| |||||||
1 | the
opinion of the
Governor reasonably justifies the | ||||||
2 | termination. Cause for termination shall
include without | ||||||
3 | limitation
misconduct, incapacity, neglect of duty, or missing | ||||||
4 | 4 board meetings during any
one fiscal
calendar year.
Each | ||||||
5 | member of the Board may receive a per diem stipend in an amount | ||||||
6 | to be
determined by the Secretary. While engaged in the | ||||||
7 | performance of duties, each Each member shall be reimbursed | ||||||
8 | for paid his or her necessary expenses while
engaged in the
| ||||||
9 | performance of his or her duties . Such compensation and | ||||||
10 | expenses shall be paid
out of the Real Estate
License | ||||||
11 | Administration Fund.
The Secretary shall consider the | ||||||
12 | recommendations of the Board on questions
involving
standards | ||||||
13 | of professional conduct, discipline, education, and policies | ||||||
14 | and procedures
under this Act. With regard to this subject | ||||||
15 | matter, the Secretary may establish temporary or permanent | ||||||
16 | committees of the Board and may consider the recommendations | ||||||
17 | of the Board on matters that include, but are not limited to, | ||||||
18 | criteria for the licensing and renewal of education providers, | ||||||
19 | pre-license and continuing education instructors, pre-license | ||||||
20 | and continuing education curricula, standards of educational | ||||||
21 | criteria, and qualifications for licensure and renewal of | ||||||
22 | professions, courses, and instructors. The Department, after | ||||||
23 | notifying and considering the recommendations of the Board, if | ||||||
24 | any,
may issue rules,
consistent with the provisions of this | ||||||
25 | Act, for the administration and
enforcement thereof and may
| ||||||
26 | prescribe forms that shall be used in connection therewith. |
| |||||||
| |||||||
1 | Eight Board members shall constitute a quorum. A quorum is | ||||||
2 | required for all Board decisions. A vacancy in the membership | ||||||
3 | of the Board shall not impair the right of a quorum to exercise | ||||||
4 | all of the rights and perform all of the duties of the Board. | ||||||
5 | The Board shall elect annually, at its first meeting of | ||||||
6 | the fiscal year, a vice chairperson who shall preside, with | ||||||
7 | voting privileges, at meetings when the chairperson is not | ||||||
8 | present. Members of the Board shall be immune from suit in an | ||||||
9 | action based upon any disciplinary proceedings or other acts | ||||||
10 | performed in good faith as members of the Board.
| ||||||
11 | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18; | ||||||
12 | 100-886, eff. 8-14-18 .)
| ||||||
13 | (225 ILCS 454/25-38 new) | ||||||
14 | Sec. 25-38. Real Estate Audit Fund. Notwithstanding any | ||||||
15 | other provision of law, in addition to any other transfers | ||||||
16 | that may be provided by law, on January 1, 2023, or as soon | ||||||
17 | thereafter as practical, the State Comptroller shall direct | ||||||
18 | and the State Treasurer shall transfer the remaining balance | ||||||
19 | from the Real Estate Audit Fund into the Real Estate License | ||||||
20 | Administration Fund. Upon completion of the transfer, the Real | ||||||
21 | Estate Audit Fund is dissolved, and any future deposits due to | ||||||
22 | that Fund and any outstanding obligations or liabilities of | ||||||
23 | that Fund pass to the Real Estate License Administration Fund. | ||||||
24 | This Section is repealed on July 1, 2023.
|
| |||||||
| |||||||
1 | (225 ILCS 454/30-15)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
3 | Sec. 30-15. Licensing of education providers; approval of
| ||||||
4 | courses. | ||||||
5 | (a) (Blank).
| ||||||
6 | (b) (Blank).
| ||||||
7 | (c) (Blank).
| ||||||
8 | (d) (Blank).
| ||||||
9 | (e) (Blank).
| ||||||
10 | (f) All education providers shall submit, at the time of | ||||||
11 | initial
application and
with each license renewal, a list of | ||||||
12 | courses with course materials that comply with the course | ||||||
13 | requirements in this Act to be
offered by the education | ||||||
14 | provider. The Department may establish an online mechanism by | ||||||
15 | which education providers may submit for approval by the | ||||||
16 | Department upon the recommendation of the Board or its | ||||||
17 | designee pre-license, post-license, or continuing education | ||||||
18 | courses that
are submitted
after the time of the education | ||||||
19 | provider's initial license application or renewal. The | ||||||
20 | Department shall provide to each education provider
a | ||||||
21 | certificate for each approved pre-license, post-license, or | ||||||
22 | continuing education course. All pre-license, post-license, or
| ||||||
23 | continuing education
courses shall be valid for the period | ||||||
24 | coinciding with the term of license of
the education provider. | ||||||
25 | However, in no case shall a course continue to be valid if it | ||||||
26 | does not, at all times, meet all of the requirements of the |
| |||||||
| |||||||
1 | core curriculum established by this Act and the Board, as | ||||||
2 | modified from time to time in accordance with this Act. All | ||||||
3 | education providers shall provide a copy of the
certificate of | ||||||
4 | the pre-license, post-license, or continuing
education course | ||||||
5 | within the course materials given to each student or shall
| ||||||
6 | display a copy of the
certificate of the pre-license, | ||||||
7 | post-license, or continuing education course in a conspicuous | ||||||
8 | place at the
location of the class.
| ||||||
9 | (g) Each education provider shall provide to the | ||||||
10 | Department a report
in a
frequency and format determined by | ||||||
11 | the Department, with information concerning students who
| ||||||
12 | successfully completed all
approved pre-license, post-license, | ||||||
13 | or continuing education courses offered by the education | ||||||
14 | provider.
| ||||||
15 | (h) The Department, upon the recommendation of the Board, | ||||||
16 | may temporarily
suspend a licensed education provider's | ||||||
17 | approved courses without
hearing and refuse to
accept | ||||||
18 | successful completion of or participation in any of these | ||||||
19 | pre-license, post-license, or continuing
education courses for
| ||||||
20 | education credit from that education provider upon the failure | ||||||
21 | of that
education provider
to comply with the provisions of | ||||||
22 | this Act or the rules for the administration
of this Act, until | ||||||
23 | such
time as the Department receives satisfactory assurance of | ||||||
24 | compliance. The Department shall notify
the
education provider | ||||||
25 | of the noncompliance and may initiate disciplinary
proceedings | ||||||
26 | pursuant to
this Act. The Department
may refuse to issue, |
| |||||||
| |||||||
1 | suspend, revoke, or otherwise discipline the license
of an
| ||||||
2 | education provider or may withdraw approval of a pre-license, | ||||||
3 | post-license, or continuing education course for
good cause.
| ||||||
4 | Failure to comply with the requirements of this Section or any | ||||||
5 | other
requirements
established by rule shall
be deemed to be | ||||||
6 | good cause. Disciplinary proceedings shall be conducted by the
| ||||||
7 | Board in the same
manner as other disciplinary proceedings | ||||||
8 | under this Act.
| ||||||
9 | (i) Pre-license, post-license, and continuing education | ||||||
10 | courses, whether submitted for approval at the time of an | ||||||
11 | education provider's initial application for licensure or | ||||||
12 | otherwise, must meet the following minimum course | ||||||
13 | requirements: | ||||||
14 | (1) Continuing education courses No continuing | ||||||
15 | education course shall be required to be at least one hour | ||||||
16 | taught in increments longer than 2 hours in duration . For | ||||||
17 | ; however, for each one hour of course time in each course , | ||||||
18 | there shall be a minimum of 50 minutes of instruction. | ||||||
19 | (2) All core curriculum courses shall be provided only | ||||||
20 | in the classroom or through a live, interactive webinar or | ||||||
21 | online distance education format. | ||||||
22 | (3) Courses provided through a live, interactive | ||||||
23 | webinar shall require all participants to demonstrate | ||||||
24 | their attendance in and attention to the course by | ||||||
25 | answering or responding to at least one polling question | ||||||
26 | per 50 minutes of course instruction. |
| |||||||
| |||||||
1 | (4) All participants in courses provided in an online | ||||||
2 | distance education format shall demonstrate proficiency | ||||||
3 | with the subject matter of the course through verifiable | ||||||
4 | responses to questions included in the course content. | ||||||
5 | (5) Credit for courses completed in a classroom or | ||||||
6 | through a live, interactive webinar or online distance | ||||||
7 | education format shall not require an examination. | ||||||
8 | (6) Credit for courses provided through | ||||||
9 | correspondence, or by home study, shall require the | ||||||
10 | passage of an in-person, proctored examination. | ||||||
11 | (j) The Department is authorized to engage a third party | ||||||
12 | as the Board's designee to perform the functions specifically | ||||||
13 | provided for in subsection (f) of this Section, namely that of | ||||||
14 | administering the online system for receipt, review, and | ||||||
15 | approval or denial of new courses. | ||||||
16 | (k) The Department may adopt any administrative rule | ||||||
17 | consistent with the language and intent of this Act that may be | ||||||
18 | necessary for the implementation and enforcement of this | ||||||
19 | Section. | ||||||
20 | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
| ||||||
21 | (225 ILCS 454/30-25)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
23 | Sec. 30-25. Licensing of education provider instructors.
| ||||||
24 | (a) No person shall act as either a pre-license or | ||||||
25 | continuing education instructor without possessing a
valid |
| |||||||
| |||||||
1 | pre-license or continuing
education instructor license and | ||||||
2 | satisfying any other qualification criteria adopted by the | ||||||
3 | Department by rule.
| ||||||
4 | (a-5) Each person with a valid pre-license instructor | ||||||
5 | license may teach pre-license, post-license, continuing | ||||||
6 | education core curriculum, continuing education elective | ||||||
7 | curriculum, or broker management education courses if they | ||||||
8 | meet specific criteria adopted by the Department by rule. | ||||||
9 | Those persons who have not met the criteria or who only possess | ||||||
10 | a valid continuing education instructor license shall only | ||||||
11 | teach continuing education elective curriculum courses. Any | ||||||
12 | person with a valid continuing education instructor license | ||||||
13 | who wishes to teach continuing education core curriculum or | ||||||
14 | broker management continuing education courses must obtain a | ||||||
15 | valid pre-license instructor license. | ||||||
16 | (b) Every person who desires to obtain an education | ||||||
17 | provider instructor's license shall attend and successfully | ||||||
18 | complete a one-day instructor development workshop, as | ||||||
19 | approved by the Department. However, pre-license instructors | ||||||
20 | who have complied with subsection (b) of this Section 30-25 | ||||||
21 | shall not be required to complete the instructor workshop in | ||||||
22 | order to teach continuing education elective curriculum | ||||||
23 | courses. | ||||||
24 | (b-5) The term of licensure for a pre-license or | ||||||
25 | continuing education instructor shall be 2 years, with renewal | ||||||
26 | dates adopted by rule. Every person who desires to obtain a |
| |||||||
| |||||||
1 | pre-license or continuing education instructor
license shall | ||||||
2 | make
application to the Department in a manner prescribed by | ||||||
3 | the Department, accompanied
by the fee adopted
by rule. In | ||||||
4 | addition to any other information required to be
contained in | ||||||
5 | the application,
every application for an original license | ||||||
6 | shall include the
applicant's Social Security
number, which | ||||||
7 | shall be retained in the agency's records pertaining to the | ||||||
8 | license. As soon as practical, the Department shall assign a | ||||||
9 | customer's identification number to each applicant for a | ||||||
10 | license. | ||||||
11 | Every application for a renewal or restored license shall | ||||||
12 | require the applicant's customer identification number. | ||||||
13 | The Department shall issue a pre-license or continuing | ||||||
14 | education instructor license to
applicants who meet
| ||||||
15 | qualification criteria established by this Act or rule.
| ||||||
16 | (c) The Department may refuse to issue, suspend, revoke, | ||||||
17 | or otherwise discipline a
pre-license or continuing education
| ||||||
18 | instructor for good cause. Disciplinary proceedings shall be | ||||||
19 | conducted by the
Board in the same
manner as other | ||||||
20 | disciplinary proceedings under this Act. All pre-license | ||||||
21 | instructors must teach at least one pre-license or continuing | ||||||
22 | education core curriculum course within the period of | ||||||
23 | licensure as a requirement for renewal of the instructor's | ||||||
24 | license. All continuing
education instructors
must teach at | ||||||
25 | least one course within the period of licensure or take an
| ||||||
26 | instructor training program
approved by the Department in lieu |
| |||||||
| |||||||
1 | thereof as a requirement for renewal of the instructor's | ||||||
2 | license.
| ||||||
3 | (d) Each course transcript submitted by an education | ||||||
4 | provider to the Department shall include the name and license | ||||||
5 | number of the pre-license or continuing education instructor | ||||||
6 | for the course. | ||||||
7 | (e) Licensed education provider instructors may teach for | ||||||
8 | more than one licensed education provider. | ||||||
9 | (f) The Department may adopt any administrative rule | ||||||
10 | consistent with the language and intent of this Act that may be | ||||||
11 | necessary for the implementation and enforcement of this | ||||||
12 | Section. | ||||||
13 | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
| ||||||
14 | (225 ILCS 454/20-21 rep.) | ||||||
15 | Section 35. The Real Estate License Act of 2000 is amended | ||||||
16 | by repealing Section 20-21.
| ||||||
17 | (225 ILCS 456/Act rep.)
| ||||||
18 | Section 40. The Real Estate Regulation Transfer Act is | ||||||
19 | repealed. | ||||||
20 | Section 45. The Real Estate Appraiser Licensing Act of | ||||||
21 | 2002 is amended by changing Sections 1-10, 5-25, and 25-10 as | ||||||
22 | follows:
|
| |||||||
| |||||||
1 | (225 ILCS 458/1-10)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
3 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
4 | context
otherwise requires:
| ||||||
5 | "Accredited college or university, junior college, or | ||||||
6 | community college" means a college or university, junior | ||||||
7 | college, or community college that is approved or accredited | ||||||
8 | by the Board of Higher Education, a regional or national | ||||||
9 | accreditation association, or by an accrediting agency that is | ||||||
10 | recognized by the U.S. Secretary of Education.
| ||||||
11 | "Address of record" means the designated street address, | ||||||
12 | which may not be a post office box, recorded by the Department | ||||||
13 | in the applicant's or licensee's application file or license | ||||||
14 | file as maintained by the Department. | ||||||
15 | "Applicant" means a person who applies to the Department
| ||||||
16 | for a license under this Act.
| ||||||
17 | "Appraisal" means
(noun) the act or process of developing | ||||||
18 | an opinion
of value; an
opinion of value (adjective) of or | ||||||
19 | pertaining to appraising
and related functions, such as | ||||||
20 | appraisal practice or appraisal services. | ||||||
21 | "Appraisal assignment" means a valuation service provided | ||||||
22 | pursuant to an agreement between an appraiser and a client. | ||||||
23 | "Appraisal firm" means an appraisal entity that is 100% | ||||||
24 | owned and controlled by a person or persons licensed in | ||||||
25 | Illinois as a certified general real estate appraiser or a | ||||||
26 | certified residential real estate appraiser. "Appraisal firm" |
| |||||||
| |||||||
1 | does not include an appraisal management company. | ||||||
2 | "Appraisal management company" means any corporation, | ||||||
3 | limited liability company, partnership, sole proprietorship, | ||||||
4 | subsidiary, unit, or other business entity that directly or | ||||||
5 | indirectly: (1) provides appraisal management services to | ||||||
6 | creditors or secondary mortgage market participants, including | ||||||
7 | affiliates; (2) provides appraisal management services in | ||||||
8 | connection with valuing the consumer's principal dwelling as | ||||||
9 | security for a consumer credit transaction (including consumer | ||||||
10 | credit transactions incorporated into securitizations); and | ||||||
11 | (3) any appraisal management company that, within a given | ||||||
12 | 12-month period, oversees an appraiser panel of 16 or more | ||||||
13 | State-certified appraisers in Illinois or 25 or more | ||||||
14 | State-certified or State-licensed appraisers in 2 or more | ||||||
15 | jurisdictions. "Appraisal management company" includes a | ||||||
16 | hybrid entity. | ||||||
17 | "Appraisal practice" means valuation services performed by | ||||||
18 | an individual acting as an appraiser, including, but not | ||||||
19 | limited to, appraisal or appraisal review.
| ||||||
20 | "Appraisal report" means any communication, written or | ||||||
21 | oral, of an appraisal or appraisal review that is transmitted | ||||||
22 | to a client upon completion of an assignment.
| ||||||
23 | "Appraisal review" means the act or process of developing | ||||||
24 | and communicating an opinion about the quality of another | ||||||
25 | appraiser's work that was performed as part of an appraisal, | ||||||
26 | appraisal review, or appraisal assignment.
|
| |||||||
| |||||||
1 | "Appraisal Subcommittee" means the Appraisal Subcommittee | ||||||
2 | of the Federal
Financial Institutions
Examination Council as | ||||||
3 | established by Title XI.
| ||||||
4 | "Appraiser" means a person who performs
real estate or | ||||||
5 | real property
appraisals competently and in a manner that is | ||||||
6 | independent, impartial, and objective. | ||||||
7 | "Appraiser panel" means a network, list, or roster of | ||||||
8 | licensed or certified appraisers approved by the appraisal | ||||||
9 | management company or by the end-user client to perform | ||||||
10 | appraisals as independent contractors for the appraisal | ||||||
11 | management company. "Appraiser panel" includes both appraisers | ||||||
12 | accepted by an appraisal management company for consideration | ||||||
13 | for future appraisal assignments and appraisers engaged by an | ||||||
14 | appraisal management company to perform one or more | ||||||
15 | appraisals. For
the purposes of determining the size of an | ||||||
16 | appraiser panel,
only independent contractors of hybrid | ||||||
17 | entities shall be
counted towards the appraiser panel.
| ||||||
18 | "AQB" means the Appraisal Qualifications Board of the | ||||||
19 | Appraisal Foundation.
| ||||||
20 | "Associate real estate trainee appraiser" means an | ||||||
21 | entry-level appraiser who holds
a license of this | ||||||
22 | classification under this Act with restrictions as to the | ||||||
23 | scope of practice
in
accordance with this Act.
| ||||||
24 | "Automated valuation model" means an automated system that | ||||||
25 | is used to derive a property value through the use of available | ||||||
26 | property records and various analytic methodologies such as |
| |||||||
| |||||||
1 | comparable sales prices, home characteristics, and price | ||||||
2 | changes. | ||||||
3 | "Board" means the Real Estate Appraisal Administration and | ||||||
4 | Disciplinary Board.
| ||||||
5 | "Broker price opinion" means an estimate or analysis of | ||||||
6 | the probable selling price of a particular interest in real | ||||||
7 | estate, which may provide a varying level of detail about the | ||||||
8 | property's condition, market, and neighborhood and information | ||||||
9 | on comparable sales. The activities of a real estate broker or | ||||||
10 | managing broker engaging in the ordinary course of business as | ||||||
11 | a broker, as defined in this Section, shall not be considered a | ||||||
12 | broker price opinion if no compensation is paid to the broker | ||||||
13 | or managing broker, other than compensation based upon the | ||||||
14 | sale or rental of real estate. | ||||||
15 | "Classroom hour" means 50 minutes of instruction out of | ||||||
16 | each 60-minute
segment of coursework.
| ||||||
17 | "Client" means the party or parties who engage an | ||||||
18 | appraiser by employment or contract in a specific appraisal | ||||||
19 | assignment.
| ||||||
20 | "Comparative market analysis" is an analysis or opinion | ||||||
21 | regarding pricing, marketing, or financial aspects relating to | ||||||
22 | a specified interest or interests in real estate that may be | ||||||
23 | based upon an analysis of comparative market data, the | ||||||
24 | expertise of the real estate broker or managing broker, and | ||||||
25 | such other factors as the broker or managing broker may deem | ||||||
26 | appropriate in developing or preparing such analysis or |
| |||||||
| |||||||
1 | opinion. The activities of a real estate broker or managing | ||||||
2 | broker engaging in the ordinary course of business as a | ||||||
3 | broker, as defined in this Section, shall not be considered a | ||||||
4 | comparative market analysis if no compensation is paid to the | ||||||
5 | broker or managing broker, other than compensation based upon | ||||||
6 | the sale or rental of real estate. | ||||||
7 | "Coordinator" means the Real Estate Appraisal Coordinator | ||||||
8 | created in Section 25-15.
| ||||||
9 | "Department" means the Department of Financial and | ||||||
10 | Professional Regulation.
| ||||||
11 | "Email address of record" means the designated email | ||||||
12 | address recorded by the Department in the applicant's | ||||||
13 | application file or the licensee's license file maintained by | ||||||
14 | the Department. | ||||||
15 | "Evaluation" means a valuation permitted by the appraisal | ||||||
16 | regulations of the Federal Financial Institutions Examination | ||||||
17 | Council and its federal agencies for transactions that qualify | ||||||
18 | for the appraisal threshold exemption, business loan | ||||||
19 | exemption, or subsequent transaction exemption. | ||||||
20 | "Federal financial institutions regulatory agencies" means | ||||||
21 | the Board of
Governors of the Federal Reserve
System, the | ||||||
22 | Federal Deposit Insurance Corporation, the Office of the
| ||||||
23 | Comptroller of the Currency, the
Consumer Financial Protection | ||||||
24 | Bureau, and the National Credit Union Administration.
| ||||||
25 | "Federally related transaction" means any real | ||||||
26 | estate-related financial
transaction in which a federal
|
| |||||||
| |||||||
1 | financial institutions regulatory agency
engages in, contracts | ||||||
2 | for, or
regulates and requires the services
of an appraiser.
| ||||||
3 | "Financial institution" means any bank, savings bank, | ||||||
4 | savings and loan
association, credit union,
mortgage broker, | ||||||
5 | mortgage banker, licensee under the Consumer Installment Loan
| ||||||
6 | Act or the Sales
Finance Agency Act, or a corporate fiduciary, | ||||||
7 | subsidiary, affiliate, parent
company, or holding company
of | ||||||
8 | any such licensee, or any institution involved in real estate | ||||||
9 | financing that
is regulated by state or
federal law.
| ||||||
10 | "Hybrid entity" means an appraisal management company that | ||||||
11 | hires an appraiser as an employee to perform an appraisal and | ||||||
12 | engages an independent contractor to perform an appraisal. | ||||||
13 | "License" means the privilege conferred by the Department | ||||||
14 | to a person that has fulfilled all requirements prerequisite | ||||||
15 | to any type of licensure under this Act. | ||||||
16 | "Licensee" means any person licensed under this Act , as | ||||||
17 | defined in this Section, who holds a valid unexpired license . | ||||||
18 | "Multi-state licensing system" means a web-based platform | ||||||
19 | that allows an applicant to submit the application or license | ||||||
20 | renewal application to the Department online. | ||||||
21 | "Person" means an individual, entity, sole proprietorship, | ||||||
22 | corporation, limited liability company, partnership, and joint | ||||||
23 | venture, foreign or domestic, except that when the context | ||||||
24 | otherwise requires, the term may refer to more than one | ||||||
25 | individual or other described entity. | ||||||
26 | "Real estate" means an identified parcel or tract of land, |
| |||||||
| |||||||
1 | including any
improvements.
| ||||||
2 | "Real estate related financial transaction" means any | ||||||
3 | transaction involving:
| ||||||
4 | (1) the sale, lease, purchase, investment in, or | ||||||
5 | exchange of real
property,
including interests
in property | ||||||
6 | or the financing thereof;
| ||||||
7 | (2) the refinancing of real property or interests in | ||||||
8 | real property; and
| ||||||
9 | (3) the use of real property or interest in property | ||||||
10 | as security for a
loan or
investment,
including mortgage | ||||||
11 | backed securities.
| ||||||
12 | "Real property" means the interests, benefits, and rights | ||||||
13 | inherent in the
ownership of real estate.
| ||||||
14 | "Secretary" means the Secretary of Financial and | ||||||
15 | Professional Regulation or the Secretary's designee.
| ||||||
16 | "State certified general real estate
appraiser" means an | ||||||
17 | appraiser who holds a
license of this classification under | ||||||
18 | this Act
and such classification applies to
the appraisal of | ||||||
19 | all types of real property without restrictions as to
the | ||||||
20 | scope of practice.
| ||||||
21 | "State certified residential real estate
appraiser" means | ||||||
22 | an appraiser who
holds a
license of this classification
under | ||||||
23 | this Act
and such classification applies to
the appraisal of
| ||||||
24 | one to 4 units of
residential real property without regard to | ||||||
25 | transaction value or complexity,
but with restrictions as to | ||||||
26 | the
scope of practice
in a federally related transaction in |
| |||||||
| |||||||
1 | accordance with Title
XI, the provisions of USPAP,
criteria | ||||||
2 | established by the AQB, and further defined by rule.
| ||||||
3 | "Supervising appraiser" means either (i) an appraiser who | ||||||
4 | holds a valid license under this Act as either a State | ||||||
5 | certified general real estate appraiser or a State certified | ||||||
6 | residential real estate appraiser, who co-signs an appraisal | ||||||
7 | report for an associate real estate trainee appraiser or (ii) | ||||||
8 | a State certified general real estate appraiser who holds a | ||||||
9 | valid license under this Act who co-signs an appraisal report | ||||||
10 | for a State certified residential real estate appraiser on | ||||||
11 | properties other than one to 4 units of residential real | ||||||
12 | property without regard to transaction value or complexity.
| ||||||
13 | "Title XI" means Title XI of the federal Financial | ||||||
14 | Institutions Reform,
Recovery, and
Enforcement Act of 1989.
| ||||||
15 | "USPAP" means the Uniform Standards of Professional | ||||||
16 | Appraisal Practice as
promulgated by the
Appraisal Standards | ||||||
17 | Board pursuant to Title XI and by rule.
| ||||||
18 | "Valuation services" means services pertaining to aspects | ||||||
19 | of property value. | ||||||
20 | (Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21.)
| ||||||
21 | (225 ILCS 458/5-25)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
23 | Sec. 5-25. Renewal of license.
| ||||||
24 | (a) The expiration date and renewal period
for a State | ||||||
25 | certified general
real estate appraiser license
or a State |
| |||||||
| |||||||
1 | certified residential
real estate appraiser license issued | ||||||
2 | under
this Act shall be set by rule.
Except as otherwise | ||||||
3 | provided in subsections (b) and (f) of this Section, the
| ||||||
4 | holder of a license may renew
the license within 90 days | ||||||
5 | preceding the expiration date by:
| ||||||
6 | (1) completing and submitting to the Department, or | ||||||
7 | through a multi-state licensing system as designated by | ||||||
8 | the Secretary,
a renewal application form as
provided by
| ||||||
9 | the Department;
| ||||||
10 | (2) paying the required fees; and
| ||||||
11 | (3) providing evidence to the Department, or through a | ||||||
12 | multi-state licensing system as designated by the | ||||||
13 | Secretary, of successful completion of the continuing
| ||||||
14 | education requirements through courses approved by the | ||||||
15 | Department
from
education providers licensed by the | ||||||
16 | Department, as established by the AQB
and by rule.
| ||||||
17 | (b) A State certified general real estate appraiser
or | ||||||
18 | State certified
residential real estate
appraiser whose | ||||||
19 | license under this Act has expired may renew
the license for a | ||||||
20 | period of
2 years following the expiration date by complying | ||||||
21 | with the requirements of
paragraphs (1), (2),
and (3) of | ||||||
22 | subsection (a)
of this Section and paying any late penalties | ||||||
23 | established by rule.
| ||||||
24 | (c) (Blank).
| ||||||
25 | (d) The expiration date and renewal period for an | ||||||
26 | associate real estate
trainee appraiser license issued under |
| |||||||
| |||||||
1 | this
Act shall be set by rule. Except as otherwise provided in | ||||||
2 | subsections (e) and
(f) of this Section, the holder
of an | ||||||
3 | associate real estate trainee appraiser license may renew the | ||||||
4 | license within 90
days preceding the expiration date by:
| ||||||
5 | (1) completing and submitting to the Department, or | ||||||
6 | through a multi-state licensing system as designated by | ||||||
7 | the Secretary,
a renewal application form as
provided by | ||||||
8 | the Department;
| ||||||
9 | (2) paying the required fees; and
| ||||||
10 | (3) providing evidence to the Department, or through a | ||||||
11 | multi-state licensing system as designated by the | ||||||
12 | Secretary, of successful completion of the continuing
| ||||||
13 | education requirements through
courses approved by the | ||||||
14 | Department
from education providers approved
by the | ||||||
15 | Department, as established by rule.
| ||||||
16 | (e) Any associate real estate trainee appraiser whose | ||||||
17 | license under this Act has
expired may
renew the license for a | ||||||
18 | period of 2 years following the expiration date
by complying | ||||||
19 | with the requirements of paragraphs
(1), (2), and (3) of | ||||||
20 | subsection (d) of this Section and paying any late
penalties
| ||||||
21 | as established by rule.
| ||||||
22 | (f) Notwithstanding subsections (c) and (e), an
appraiser | ||||||
23 | whose license
under this Act has expired may renew or convert | ||||||
24 | the license without
paying any lapsed renewal
fees or late | ||||||
25 | penalties if the license expired while the appraiser was:
| ||||||
26 | (1) on active duty with the United States Armed |
| |||||||
| |||||||
1 | Services;
| ||||||
2 | (2) serving as the Coordinator or an employee of
the | ||||||
3 | Department
who was required to surrender the license | ||||||
4 | during the term of
employment.
| ||||||
5 | Application for renewal must be made within 2 years | ||||||
6 | following
the termination of the military service or related | ||||||
7 | education, training, or
employment and shall include an | ||||||
8 | affidavit from the licensee of engagement.
| ||||||
9 | (g) The Department
shall provide reasonable care and due | ||||||
10 | diligence to ensure that each
licensee under this Act
is | ||||||
11 | provided with a renewal application at least 90 days prior to | ||||||
12 | the expiration
date, but
timely renewal or conversion of the | ||||||
13 | license prior to its expiration date is the responsibility of | ||||||
14 | the licensee. | ||||||
15 | (h) The Department shall not renew a license if the | ||||||
16 | licensee has an unpaid fine or fee from a disciplinary matter | ||||||
17 | or an unpaid fee from a non-disciplinary action imposed by the | ||||||
18 | Department until the fine or fee is paid to the Department or | ||||||
19 | the licensee has entered into a payment plan and is current on | ||||||
20 | the required payments. | ||||||
21 | (i) The Department shall not issue a license if the | ||||||
22 | applicant has an unpaid fine imposed by the Department for | ||||||
23 | unlicensed practice until the fine is paid to the Department | ||||||
24 | or the applicant has entered into a payment plan and is current | ||||||
25 | on the required payments.
| ||||||
26 | (Source: P.A. 101-81, eff. 7-12-19; 102-20, eff. 1-1-22 .)
|
| |||||||
| |||||||
1 | (225 ILCS 458/25-10)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
3 | Sec. 25-10. Real Estate Appraisal Administration and | ||||||
4 | Disciplinary Board; appointment.
| ||||||
5 | (a) There is hereby created the Real Estate Appraisal | ||||||
6 | Administration and Disciplinary Board. The Board
shall be | ||||||
7 | composed of the Coordinator and 10 persons appointed by the | ||||||
8 | Governor. Members shall be appointed to the Board
subject to | ||||||
9 | the following conditions:
| ||||||
10 | (1) All appointed members shall have been residents | ||||||
11 | and citizens of this
State for
at least 5 years prior
to | ||||||
12 | the date of appointment.
| ||||||
13 | (2) The appointed membership of the Board should | ||||||
14 | reasonably reflect the
geographic
distribution of the
| ||||||
15 | population of the State.
| ||||||
16 | (3) Four appointed members shall have been actively | ||||||
17 | engaged and currently
licensed as
State
certified general | ||||||
18 | real estate appraisers for a period of not less than 5
| ||||||
19 | years.
| ||||||
20 | (4) Three
appointed members shall have been actively | ||||||
21 | engaged and currently
licensed as
State
certified | ||||||
22 | residential real estate appraisers for a period of
not | ||||||
23 | less than 5 years.
| ||||||
24 | (5) One
appointed member shall hold a valid license as | ||||||
25 | a
real estate
broker for at least 3 years prior to the date |
| |||||||
| |||||||
1 | of the appointment and
shall hold either a valid
State | ||||||
2 | certified general real estate appraiser license or a valid | ||||||
3 | State certified residential appraiser license issued under | ||||||
4 | this Act or a predecessor Act for a period of at
least 5 | ||||||
5 | years prior to the appointment.
| ||||||
6 | (6) One appointed member shall be a representative of | ||||||
7 | a financial
institution, as evidenced by proof of | ||||||
8 | employment with a financial
institution.
| ||||||
9 | (7) One appointed member shall represent the interests | ||||||
10 | of the general
public. This member or the member's spouse | ||||||
11 | shall not be licensed under this Act
nor be employed by or | ||||||
12 | have any financial interest in an appraisal business, | ||||||
13 | appraisal management company, real estate
brokerage | ||||||
14 | business, or a financial institution.
| ||||||
15 | In making appointments as
provided in paragraphs (3) and | ||||||
16 | (4) of this subsection, the Governor shall
give due | ||||||
17 | consideration to recommendations by members and organizations
| ||||||
18 | representing the profession.
| ||||||
19 | In making the appointments as
provided in paragraph (5) of | ||||||
20 | this subsection, the Governor shall give
due consideration to | ||||||
21 | the recommendations by members and organizations
representing | ||||||
22 | the real estate industry.
| ||||||
23 | In making the appointment as provided
in paragraph (6) of | ||||||
24 | this subsection, the Governor
shall give due consideration to | ||||||
25 | the recommendations by members and
organizations representing | ||||||
26 | financial institutions.
|
| |||||||
| |||||||
1 | (b) The members' terms shall be for 4 years or until a | ||||||
2 | successor is appointed. No member shall be reappointed to the | ||||||
3 | Board for a term that would cause the member's cumulative | ||||||
4 | service to the Board to exceed 10 years. Appointments to fill | ||||||
5 | vacancies shall be for the unexpired portion of the term.
| ||||||
6 | (c) The Governor may terminate the appointment of a member | ||||||
7 | for cause that,
in
the opinion of the Governor, reasonably | ||||||
8 | justifies the termination. Cause for
termination may include, | ||||||
9 | without limitation, misconduct, incapacity, neglect of
duty, | ||||||
10 | or missing 4 Board meetings during any one fiscal year.
| ||||||
11 | (d) A majority of the Board members shall constitute a
| ||||||
12 | quorum. A vacancy in the membership of the Board shall not | ||||||
13 | impair the right of
a quorum to exercise all of the rights and | ||||||
14 | perform all of the duties of the
Board.
| ||||||
15 | (e) The Board shall meet at least monthly and may be | ||||||
16 | convened
by the Chairperson, Vice-Chairperson, or 3 members of | ||||||
17 | the Board upon 10 days
written notice.
| ||||||
18 | (f) The Board shall, annually at the first meeting of the | ||||||
19 | fiscal year,
elect a Chairperson and Vice-Chairperson from its
| ||||||
20 | members. The Chairperson shall preside over the meetings and | ||||||
21 | shall coordinate
with the Coordinator
in developing and | ||||||
22 | distributing an agenda for each meeting. In the absence of
the | ||||||
23 | Chairperson, the Vice-Chairperson shall preside over the | ||||||
24 | meeting.
| ||||||
25 | (g) The Coordinator shall serve as
a member of the Board | ||||||
26 | without vote.
|
| |||||||
| |||||||
1 | (h) The Board shall advise and make recommendations to
the | ||||||
2 | Department
on the education and experience qualifications of | ||||||
3 | any applicant for initial licensure as a State certified | ||||||
4 | general real estate appraiser or a State certified residential | ||||||
5 | real estate appraiser. The Department shall not make any | ||||||
6 | decisions concerning education or experience qualifications of | ||||||
7 | an applicant for initial licensure as a State certified | ||||||
8 | general real estate appraiser or a State certified residential | ||||||
9 | real estate appraiser without having first received the advice | ||||||
10 | and recommendation of the Board and
shall give due | ||||||
11 | consideration to all
such advice and recommendations; however, | ||||||
12 | if the Board does not render advice or make a recommendation | ||||||
13 | within a reasonable amount of time, then the Department may | ||||||
14 | render a decision.
| ||||||
15 | (i) Except as provided in Section 15-17 of this Act, the
| ||||||
16 | Board shall hear and make recommendations to the
Secretary
on
| ||||||
17 | disciplinary matters
that require a formal evidentiary | ||||||
18 | hearing. The Secretary
shall give due
consideration to the
| ||||||
19 | recommendations of the Board involving discipline and | ||||||
20 | questions involving
standards of professional
conduct of | ||||||
21 | licensees.
| ||||||
22 | (j) The Department shall seek and the Board shall provide
| ||||||
23 | recommendations to the Department
consistent with the
| ||||||
24 | provisions
of this Act and for the administration and | ||||||
25 | enforcement of all
rules adopted
pursuant to this Act. The | ||||||
26 | Department
shall give due consideration to
such
|
| |||||||
| |||||||
1 | recommendations
prior to adopting rules.
| ||||||
2 | (k) The Department shall seek and the Board shall provide
| ||||||
3 | recommendations to the Department
on the approval of all | ||||||
4 | courses
submitted to the Department
pursuant to this Act and | ||||||
5 | the rules adopted pursuant to this Act. The Department shall | ||||||
6 | not approve any courses without having first received the | ||||||
7 | recommendation of the Board and
shall
give due consideration | ||||||
8 | to such
recommendations
prior to approving and licensing | ||||||
9 | courses; however, if the Board does not make a recommendation | ||||||
10 | within a reasonable amount of time, then the Department may | ||||||
11 | approve courses.
| ||||||
12 | (l) Each voting member of the Board may shall receive a per | ||||||
13 | diem stipend in an
amount
to be determined by the Secretary. | ||||||
14 | While engaged in the performance of duties, each member shall | ||||||
15 | be reimbursed for paid the necessary expenses.
| ||||||
16 | (m) Members of the Board shall be immune from suit in an | ||||||
17 | action based upon
any disciplinary
proceedings or other acts | ||||||
18 | performed in good faith as members of the Board.
| ||||||
19 | (n) If the Department disagrees with any advice or | ||||||
20 | recommendation provided by the Board under this Section to the | ||||||
21 | Secretary or the Department, then notice of such disagreement | ||||||
22 | must be provided to the Board by the Department.
| ||||||
23 | (o) (Blank).
| ||||||
24 | (Source: P.A. 102-20, eff. 1-1-22 .)
| ||||||
25 | Section 50. The Appraisal Management Company Registration |
| |||||||
| |||||||
1 | Act is amended by changing Sections 40, 47 and 67 as follows: | ||||||
2 | (225 ILCS 459/40)
| ||||||
3 | Sec. 40. Qualifications for registration. | ||||||
4 | (a) The Department may issue a certification of | ||||||
5 | registration to practice under this Act to any applicant who | ||||||
6 | is qualified to do business in this State and applies to the | ||||||
7 | Department on forms provided by the Department, or through a | ||||||
8 | multi-state licensing system as designated by the Secretary, | ||||||
9 | pays the required non-refundable fees, is qualified to | ||||||
10 | transact business in this State, and provides the following: | ||||||
11 | (1) the business name of the applicant seeking | ||||||
12 | registration; | ||||||
13 | (2) the business address or addresses and contact | ||||||
14 | information of the applicant seeking registration; | ||||||
15 | (3) if the business applicant is not a corporation | ||||||
16 | that is domiciled in this State, then the name and contact | ||||||
17 | information for the company's agent for service of process | ||||||
18 | in this State; | ||||||
19 | (4) the name, address, and contact information for any | ||||||
20 | individual or any corporation, partnership, limited | ||||||
21 | liability company, association, or other business | ||||||
22 | applicant that owns 10% or more of the appraisal | ||||||
23 | management company along with a completed criminal history | ||||||
24 | records background check as required in Section 68 ; | ||||||
25 | (5) the name, address, and contact information for a |
| |||||||
| |||||||
1 | designated controlling person; | ||||||
2 | (6) a certification that the applicant will utilize | ||||||
3 | Illinois licensed appraisers to provide appraisal services | ||||||
4 | within the State of Illinois; | ||||||
5 | (7) a certification that the applicant has a system in | ||||||
6 | place utilizing a licensed Illinois appraiser to review | ||||||
7 | the work of all employed and independent appraisers that | ||||||
8 | are performing real estate appraisal services in Illinois | ||||||
9 | for the appraisal management company on a periodic basis, | ||||||
10 | except for a quality control review, to verify that the | ||||||
11 | real estate appraisal assignments are being conducted in | ||||||
12 | accordance with USPAP; | ||||||
13 | (8) a certification that the applicant maintains a | ||||||
14 | detailed record of each service request that it receives | ||||||
15 | and the independent appraiser that performs the real | ||||||
16 | estate appraisal services for the appraisal management | ||||||
17 | company; | ||||||
18 | (9) a certification that the employees of the | ||||||
19 | appraisal management company working on behalf of the | ||||||
20 | appraisal management company directly involved in | ||||||
21 | providing appraisal management services, will be | ||||||
22 | appropriately trained and familiar with the appraisal | ||||||
23 | process to completely provide appraisal management | ||||||
24 | services;
| ||||||
25 | (10) an irrevocable Uniform Consent to Service of | ||||||
26 | Process, under rule; and |
| |||||||
| |||||||
1 | (11) a certification that the applicant shall comply | ||||||
2 | with all other requirements of this Act and rules | ||||||
3 | established for the implementation of this Act. | ||||||
4 | (b) Applicants have 3 years from the date of application | ||||||
5 | to complete the application process. If the process has not | ||||||
6 | been completed in 3 years, the application shall be denied, | ||||||
7 | the fee shall be forfeited, and the applicant must reapply and | ||||||
8 | meet the requirements in effect at the time of reapplication.
| ||||||
9 | (Source: P.A. 100-604, eff. 7-13-18.) | ||||||
10 | (225 ILCS 459/47) | ||||||
11 | Sec. 47. Report Annual report ; investigation; costs. Each | ||||||
12 | registrant shall provide annually file a report with the | ||||||
13 | Secretary for the calendar year period from January 1 through | ||||||
14 | December 31, giving relevant information as the Secretary may | ||||||
15 | reasonably require concerning, and for the purpose of | ||||||
16 | examination for compliance with federal and State regulations, | ||||||
17 | the business and operations during the preceding fiscal year | ||||||
18 | period of each registered appraisal management company | ||||||
19 | conducted by the registrant within the State. The Secretary | ||||||
20 | may, at any time, examine the books and records of an appraisal | ||||||
21 | management company operating in the State and require the | ||||||
22 | appraisal management company to submit reports, information | ||||||
23 | and documents. The report shall be made under oath and shall be | ||||||
24 | in the form prescribed by rule. The Secretary may, at any time, | ||||||
25 | investigate a registrant and every person, partnership, |
| |||||||
| |||||||
1 | association, limited liability company, corporation, or other | ||||||
2 | business entity who or which is engaged in the business of | ||||||
3 | operating an appraisal management company. For that purpose, | ||||||
4 | the Secretary shall have free access to the offices and places | ||||||
5 | of business and to records of all persons, firms, | ||||||
6 | partnerships, associations, limited liability companies and | ||||||
7 | members thereof, and corporations and to the officers and | ||||||
8 | directors thereof that relate to the appraisal management | ||||||
9 | company. The investigation may be conducted in conjunction | ||||||
10 | with representatives of other State agencies or agencies of | ||||||
11 | another state or of the United States as determined by the | ||||||
12 | Secretary. The Secretary may require by subpoena the | ||||||
13 | attendance of and examine under oath all persons whose | ||||||
14 | testimony the Secretary he or she may require relative to the | ||||||
15 | appraisal management company, and, in those cases, the | ||||||
16 | Secretary, or a designee of the Secretary representative whom | ||||||
17 | he or she may designate , may administer oaths to all persons | ||||||
18 | called as witnesses, and the Secretary, or a representative of | ||||||
19 | the Secretary, may conduct an audit, and there shall be paid to | ||||||
20 | the Secretary for each audit a fee, to be established by rule, | ||||||
21 | for each day or part thereof for each representative | ||||||
22 | designated and required to conduct the audit.
| ||||||
23 | (Source: P.A. 100-604, eff. 7-13-18.) | ||||||
24 | (225 ILCS 459/67) | ||||||
25 | Sec. 67. Good moral character. If an applicant, |
| |||||||
| |||||||
1 | registrant, controlling person, or any person with an | ||||||
2 | ownership interest in of the applicant or registrant , has had | ||||||
3 | a license or registration revoked on a prior occasion, has | ||||||
4 | been found to have committed any of the practices enumerated | ||||||
5 | in Section 65, has been convicted of or entered a plea of | ||||||
6 | guilty or nolo contendere to forgery, embezzlement, obtaining | ||||||
7 | money under false pretenses, larceny, extortion, conspiracy to | ||||||
8 | defraud, or a similar offense or offenses, or has been | ||||||
9 | convicted of a felony involving moral turpitude in a court of | ||||||
10 | competent jurisdiction in this State or any other state, | ||||||
11 | district, or territory of the United States or of a foreign | ||||||
12 | country, the Department may consider the prior revocation, | ||||||
13 | conduct, or conviction in its determination of the applicant's | ||||||
14 | moral character of the applicant, registrant, controlling | ||||||
15 | person, or person with ownership interest and whether to grant | ||||||
16 | the applicant's registration or renewal . In its consideration | ||||||
17 | of the prior revocation, conduct, or conviction, the | ||||||
18 | Department shall take into account the nature of the conduct, | ||||||
19 | any aggravating or extenuating circumstances, the time elapsed | ||||||
20 | since the revocation, conduct, or conviction, the | ||||||
21 | rehabilitation or restitution performed by the applicant , and | ||||||
22 | any other factors that the Department deems relevant. When an | ||||||
23 | applicant , registrant, controlling person, or person with | ||||||
24 | ownership interest has made a false statement of material fact | ||||||
25 | on any his or her application, the false statement may in | ||||||
26 | itself be sufficient grounds to revoke or refuse to issue or |
| |||||||
| |||||||
1 | renew a registration.
| ||||||
2 | (Source: P.A. 100-604, eff. 7-13-18.) | ||||||
3 | (225 ILCS 459/68 rep.) | ||||||
4 | Section 55. The Appraisal Management Company Registration | ||||||
5 | Act is amended by repealing Section 68. | ||||||
6 | Section 60. The Professional Limited Liability Company Act | ||||||
7 | is amended by changing Section 13 as follows: | ||||||
8 | (805 ILCS 185/13) | ||||||
9 | Sec. 13. Nature of business. | ||||||
10 | (a) A professional limited liability company may be formed | ||||||
11 | to provide a professional service or services licensed by the | ||||||
12 | Department except: | ||||||
13 | (1) the practice of dentistry unless all the members | ||||||
14 | and managers are licensed as dentists under the Illinois | ||||||
15 | Dental Practice Act; | ||||||
16 | (2) the practice of medicine unless all the managers, | ||||||
17 | if any, are licensed to practice medicine under the | ||||||
18 | Medical Practice Act of 1987 and each member is either: | ||||||
19 | (A) licensed to practice medicine under the | ||||||
20 | Medical Practice Act of 1987; | ||||||
21 | (B) a registered medical corporation or | ||||||
22 | corporations organized pursuant to the Medical | ||||||
23 | Corporation Act; |
| |||||||
| |||||||
1 | (C) a professional corporation organized pursuant | ||||||
2 | to the Professional Service Corporation Act of | ||||||
3 | physicians licensed to practice under the Medical | ||||||
4 | Practice Act of 1987; | ||||||
5 | (D) a hospital or hospital affiliate as defined in | ||||||
6 | Section 10.8 of the Hospital Licensing Act; or | ||||||
7 | (E) a professional limited liability company that | ||||||
8 | satisfies the requirements of subparagraph (A), (B), | ||||||
9 | (C), or (D); | ||||||
10 | (3) the practice of real estate unless all the members | ||||||
11 | and managers, if any, that actively participate in the | ||||||
12 | real estate activities of the professional limited | ||||||
13 | liability company or every member in a member-managed | ||||||
14 | company are licensed to practice as a managing broker or | ||||||
15 | broker pursuant to the Real Estate License Act of 2000 . | ||||||
16 | All nonparticipating members or managers shall submit | ||||||
17 | affidavits of nonparticipation as required by the | ||||||
18 | Department and the Real Estate License Act of 2000 ; | ||||||
19 | (4) the practice of clinical psychology unless all the | ||||||
20 | managers and members are licensed to practice as a | ||||||
21 | clinical psychologist under the Clinical Psychologist | ||||||
22 | Licensing Act; | ||||||
23 | (5) the practice of social work unless all the | ||||||
24 | managers and members are licensed to practice as a | ||||||
25 | clinical social worker or social worker under the Clinical | ||||||
26 | Social Work and Social Work Practice Act; |
| |||||||
| |||||||
1 | (6) the practice of marriage and family therapy unless | ||||||
2 | all the managers and members are licensed to practice as a | ||||||
3 | marriage and family therapist under the Marriage and | ||||||
4 | Family Therapy Licensing Act; | ||||||
5 | (7) the practice of professional counseling unless all | ||||||
6 | the managers and members are licensed to practice as a | ||||||
7 | clinical professional counselor or a professional | ||||||
8 | counselor under the Professional Counselor and Clinical | ||||||
9 | Professional Counselor Licensing and Practice Act; | ||||||
10 | (8) the practice of sex offender evaluation and | ||||||
11 | treatment unless all the managers and members are licensed | ||||||
12 | to practice as a sex offender evaluator or sex offender | ||||||
13 | treatment provider under the Sex Offender Evaluation and | ||||||
14 | Treatment Provider Act; or | ||||||
15 | (9) the practice of veterinary medicine unless all the | ||||||
16 | managers and members are licensed to practice as a | ||||||
17 | veterinarian under the Veterinary Medicine and Surgery | ||||||
18 | Practice Act of 2004. | ||||||
19 | (b) Notwithstanding any provision of this Section, any of | ||||||
20 | the following professional services may be combined and | ||||||
21 | offered within a single professional limited liability company | ||||||
22 | provided that each professional service is offered only by | ||||||
23 | persons licensed to provide that professional service and all | ||||||
24 | managers and members are licensed in at least one of the | ||||||
25 | professional services offered by the professional limited | ||||||
26 | liability company: |
| |||||||
| |||||||
1 | (1) the practice of medicine by physicians licensed | ||||||
2 | under the Medical Practice Act of 1987, the practice of | ||||||
3 | podiatry by podiatric physicians licensed under the | ||||||
4 | Podiatric Medical Practice Act of 1987, the practice of | ||||||
5 | dentistry by dentists licensed under the Illinois Dental | ||||||
6 | Practice Act, and the practice of optometry by | ||||||
7 | optometrists licensed under the Illinois Optometric | ||||||
8 | Practice Act of 1987; or | ||||||
9 | (2) the practice of clinical psychology by clinical | ||||||
10 | psychologists licensed under the Clinical Psychologist | ||||||
11 | Licensing Act, the practice of social work by clinical | ||||||
12 | social workers or social workers licensed under the | ||||||
13 | Clinical Social Work and Social Work Practice Act, the | ||||||
14 | practice of marriage and family counseling by marriage and | ||||||
15 | family therapists licensed under the Marriage and Family | ||||||
16 | Therapy Licensing Act, the practice of professional | ||||||
17 | counseling by professional counselors and clinical | ||||||
18 | professional counselors licensed under the Professional | ||||||
19 | Counselor and Clinical Professional Counselor Licensing | ||||||
20 | and Practice Act, and the practice of sex offender | ||||||
21 | evaluation and treatment by sex offender evaluators and | ||||||
22 | sex offender treatment providers licensed under the Sex | ||||||
23 | Offender Evaluation and Treatment Provider Act ; .
| ||||||
24 | (3) the practice of architecture by persons licensed | ||||||
25 | under the Illinois Architecture Practice Act of 1989, the | ||||||
26 | practice of professional engineering by persons licensed |
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| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | under the Professional Engineering Practice Act of 1989, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | the practice of structural engineering by persons licensed | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | under of the Structural Engineering Practice Act of 1989, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | and the practice of land surveying by persons licensed | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | under the Illinois Professional Land Surveyor Act of 1989; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (4) the practice of acupuncture by persons licensed | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | under the Acupuncture Practice Act, the practice of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | massage by persons licensed under the Massage Licensing | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Act, the practice of naprapathy by persons licensed under | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | the Naprapathic Practice Act, the practice of occupational | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | therapy by persons licensed under the Illinois | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Occupational Therapy Practice Act, the practice of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | physical therapy by persons licensed under the Illinois | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Physical Therapy Act, and the practice of speech-language | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | pathology by persons licensed under the Illinois | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Speech-Language Pathology and Audiology Practice Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | (Source: P.A. 100-894, eff. 8-14-18.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | becoming law, except that Section 10 takes effect on July 1, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | 2023.
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| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||