Rep. Kathleen Willis
Filed: 2/9/2022
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1 | AMENDMENT TO HOUSE BILL 5167
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2 | AMENDMENT NO. ______. Amend House Bill 5167 as follows:
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3 | on page 28, by replacing lines 16 through 22 with "community | ||||||
4 | association policy. If the fidelity insurance is not secured | ||||||
5 | and paid for by the association, the community association | ||||||
6 | manager or the community association management firm that | ||||||
7 | secures and pays for the insurance shall provide a current | ||||||
8 | certificate of fidelity insurance to the community association | ||||||
9 | for which it provides community association management | ||||||
10 | services within 10 days of a request for such certificate by | ||||||
11 | the community association for its records. "; and | ||||||
12 | by replacing line 26 on page 28 through line 3 on page 29 with | ||||||
13 | "accounts for each community association. The funds shall not, | ||||||
14 | in any event, be commingled with the supervising community | ||||||
15 | association manager's or community association management | ||||||
16 | firm's funds. The funds shall not, in any event, be |
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1 | commingled"; and | ||||||
2 | on page 29, by replacing lines 15 through 21 with "association | ||||||
3 | management firm. The community association manager or the | ||||||
4 | community association management firm shall provide a current | ||||||
5 | certificate of general liability and errors and omissions | ||||||
6 | insurance to the community association for which it provides | ||||||
7 | community association management services within 10 days of a | ||||||
8 | request for such certificate by the community association for | ||||||
9 | its records. "; and | ||||||
10 | on page 30, by deleting lines 1 and 2; and | ||||||
11 | on page 30, line 17, by replacing "by" with " by "; and | ||||||
12 | on page 63, line 3, by replacing "his or her" with " the his or | ||||||
13 | her "; and | ||||||
14 | on page 64, line 6, by replacing "his or her" with " the | ||||||
15 | broker's his or her "; and | ||||||
16 | on page 104, line 21, after "5-25,", by inserting "15-15"; and | ||||||
17 | on page 115, immediately below line 26, by inserting the | ||||||
18 | following:
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1 | "(225 ILCS 458/15-15)
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2 | (Section scheduled to be repealed on January 1, 2027)
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3 | Sec. 15-15. Investigation; notice; hearing.
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4 | (a) Upon the motion of the Department
or the Board or
upon | ||||||
5 | a complaint in
writing of a person setting forth facts that, if | ||||||
6 | proven, would constitute
grounds for suspension, revocation,
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7 | or other disciplinary action against a licensee or applicant | ||||||
8 | for licensure, the Department
shall investigate the actions of | ||||||
9 | the licensee or applicant. If, upon investigation, the | ||||||
10 | Department believes that there may be cause for suspension, | ||||||
11 | revocation, or other disciplinary action, the Department shall | ||||||
12 | use the services of a State certified general real estate | ||||||
13 | appraiser, a State certified residential real estate | ||||||
14 | appraiser, or the Real Estate Coordinator to assist in | ||||||
15 | determining whether grounds for disciplinary action exist | ||||||
16 | prior to commencing formal disciplinary proceedings.
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17 | (b) Formal disciplinary proceedings shall commence upon | ||||||
18 | the issuance of a
written complaint
describing the charges | ||||||
19 | that are the basis of the disciplinary action and
delivery of | ||||||
20 | the detailed complaint to the address of
record of the | ||||||
21 | licensee or applicant. For an associate real estate trainee | ||||||
22 | appraiser, a copy shall also be sent to the licensee's | ||||||
23 | supervising appraiser of record. The Department
shall notify | ||||||
24 | the licensee or
applicant
to file a verified written
answer | ||||||
25 | within 20 days after the service of the notice and complaint.
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26 | The
notification shall inform the licensee or applicant of the
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1 | right to be heard in person or by
legal counsel; that the | ||||||
2 | hearing will be afforded not sooner than 20 days after
service
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3 | of the complaint; that failure to file an answer will result in | ||||||
4 | a default being
entered against the licensee or applicant;
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5 | that the license may be suspended, revoked, or placed on
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6 | probationary status; and that other
disciplinary action may be | ||||||
7 | taken pursuant to this Act, including limiting the
scope, | ||||||
8 | nature, or extent of the licensee's
practice. If the licensee | ||||||
9 | or applicant fails to file an answer after service of
notice, | ||||||
10 | the respective license may,
at the discretion of the | ||||||
11 | Department, be suspended,
revoked, or placed on probationary
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12 | status and the Department
may take whatever disciplinary
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13 | action it deems proper,
including limiting the scope, nature, | ||||||
14 | or extent of the person's practice,
without a hearing.
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15 | (c) At the time and place fixed in the notice, the Board | ||||||
16 | shall conduct
hearing of the charges, providing
both the | ||||||
17 | accused person and the complainant ample opportunity to | ||||||
18 | present in
person
or by counsel such statements, testimony, | ||||||
19 | evidence, and argument as may be
pertinent to the charges or
to | ||||||
20 | a defense thereto.
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21 | (d) The Board shall present to the Secretary
a written | ||||||
22 | report of its
findings of fact and
recommendations. A copy of | ||||||
23 | the report shall be served upon the licensee or
applicant,
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24 | either personally, by
mail, or, at the discretion of the | ||||||
25 | Department, by electronic means. For associate real estate | ||||||
26 | trainee appraisers, a copy shall also be sent to the |
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1 | licensee's supervising appraiser of record. Within 20 days | ||||||
2 | after the service, the licensee or applicant may present
the | ||||||
3 | Secretary
with a motion in writing
for a rehearing and shall
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4 | specify the particular grounds for the request. If the accused | ||||||
5 | orders a
transcript of the record
as provided in this Act, the | ||||||
6 | time elapsing thereafter and before the transcript
is ready | ||||||
7 | for delivery to the
accused shall not be counted as part of the | ||||||
8 | 20 days. If the Secretary
is
not satisfied that
substantial | ||||||
9 | justice has been done, the Secretary
may order a rehearing by
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10 | the Board or other
special committee appointed by the | ||||||
11 | Secretary, may remand the matter to the
Board for its
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12 | reconsideration of the matter based on the pleadings and | ||||||
13 | evidence presented to
the Board, or may enter
a final order in | ||||||
14 | contravention of the Board's recommendation. Notwithstanding a | ||||||
15 | licensee's or applicant's failure to file a motion for | ||||||
16 | rehearing, the Secretary
shall have the right to take any of
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17 | the actions specified in this
subsection (d). Upon the | ||||||
18 | suspension or revocation of a license, the licensee
shall
be | ||||||
19 | required to surrender the respective license to the | ||||||
20 | Department, and upon failure or refusal to do so, the | ||||||
21 | Department
shall have
the right to seize the
license.
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22 | (e) The Department
has the power to issue subpoenas and
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23 | subpoenas duces tecum
to bring before it any person in this | ||||||
24 | State, to take testimony, or to require
production of any | ||||||
25 | records
relevant to an inquiry or hearing by the Board in the | ||||||
26 | same manner as prescribed
by law in judicial
proceedings in |
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1 | the courts of this State. In a case of refusal of a witness to
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2 | attend, testify, or to produce
books or papers concerning a | ||||||
3 | matter upon which the witness might be lawfully
examined, the | ||||||
4 | circuit court
of the county where the hearing is held, upon | ||||||
5 | application of the Department
or any
party to the proceeding, | ||||||
6 | may compel obedience by proceedings as for contempt.
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7 | (f) Any license that is revoked may not be
restored for a | ||||||
8 | minimum period
of 3 years.
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9 | (g) In addition to the provisions of this Section | ||||||
10 | concerning the conduct of
hearings and the
recommendations for | ||||||
11 | discipline, the Department
has the authority to negotiate
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12 | disciplinary and non-disciplinary
settlement agreements | ||||||
13 | concerning any license issued under this Act. All such
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14 | agreements shall be
recorded as Consent Orders or Consent to | ||||||
15 | Administrative Supervision Orders.
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16 | (h) The Secretary
shall have the authority to appoint an | ||||||
17 | attorney duly
licensed to practice law in the
State of | ||||||
18 | Illinois to serve as the hearing officer in any action to | ||||||
19 | suspend,
revoke, or otherwise discipline
any license issued by | ||||||
20 | the Department. The Hearing Officer
shall have full authority
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21 | to conduct the hearing.
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22 | (i) The Department, at its expense, shall preserve a | ||||||
23 | record of all formal hearings of
any contested case involving
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24 | the discipline of a license. At all hearings or pre-hearing | ||||||
25 | conferences, the Department
and the licensee shall be
entitled | ||||||
26 | to have the proceedings transcribed by a certified shorthand |
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1 | reporter.
A copy of the transcribed
proceedings shall be made | ||||||
2 | available to the licensee by the certified shorthand
reporter | ||||||
3 | upon payment of
the prevailing contract copy rate.
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4 | (Source: P.A. 102-20, eff. 1-1-22 .)".
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