Rep. Elaine Nekritz
Filed: 5/18/2009
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1 | AMENDMENT TO SENATE BILL 1579
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2 | AMENDMENT NO. ______. Amend Senate Bill 1579 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Community Association Manager Licensing and Disciplinary Act. | ||||||
6 | Section 5. Legislative intent. It is the intent of the | ||||||
7 | General Assembly that this Act provide for the regulation of | ||||||
8 | managers of community associations, ensure that those who hold | ||||||
9 | themselves out as possessing professional qualifications to | ||||||
10 | engage in the provision of community association management | ||||||
11 | services are, in fact, qualified to render management services | ||||||
12 | of a professional nature, and provide for the maintenance of | ||||||
13 | high standards of professional conduct by those licensed as | ||||||
14 | community association managers. | ||||||
15 | Section 10. Definitions. As used in this Act: |
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1 | "Address of record" means the designated address recorded | ||||||
2 | by the Department in the applicant's or licensee's application | ||||||
3 | file or license file maintained by the Department's licensure | ||||||
4 | maintenance unit. It is the duty of the applicant or licensee | ||||||
5 | to inform the Department of any change of address, and such | ||||||
6 | changes must be made either through the Department's website or | ||||||
7 | by contacting the Department's licensure maintenance unit. | ||||||
8 | "Advertise" means, but is not limited to, issuing or | ||||||
9 | causing to be distributed any card, sign or device to any | ||||||
10 | person; or causing, permitting or allowing any sign or marking | ||||||
11 | on or in any building, structure, newspaper, magazine or | ||||||
12 | directory, or on radio or television; or advertising by any | ||||||
13 | other means designed to secure public attention. | ||||||
14 | "Board" means the Illinois Community Association Manager | ||||||
15 | Licensing and Disciplinary Board. | ||||||
16 | "Community association" means an association in which | ||||||
17 | membership is a condition of ownership or shareholder interest | ||||||
18 | of a unit in a condominium, cooperative, townhouse, villa, or | ||||||
19 | other residential unit which is part of a residential | ||||||
20 | development plan and that is authorized to impose an | ||||||
21 | assessment, rents, or other costs that may become a lien on the | ||||||
22 | unit or lot. | ||||||
23 | "Community Association Management Agency" means a company, | ||||||
24 | firm, corporation, limited liability company, or other entity | ||||||
25 | that engages in the community association management business | ||||||
26 | and employs, in addition to the licensee-in-charge, at least |
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1 | one other person in conducting such business. | ||||||
2 | "Community association manager" means an individual who | ||||||
3 | administers for remuneration the financial, administrative, | ||||||
4 | maintenance, or other duties for the community association, | ||||||
5 | including the following services: (A) collecting, controlling | ||||||
6 | or disbursing funds of the community association or having the | ||||||
7 | authority to do so; (B) preparing budgets or other financial | ||||||
8 | documents for the community association; (C) assisting in the | ||||||
9 | conduct of community association meetings; (D) maintaining | ||||||
10 | association records; and (E) administrating association | ||||||
11 | contracts, as stated in the declaration, bylaws, proprietary | ||||||
12 | lease, declaration of covenants, or other governing document of | ||||||
13 | the community association. "Community association manager" | ||||||
14 | does not mean support staff, including, but not limited to | ||||||
15 | bookkeepers, administrative assistants, secretaries, property | ||||||
16 | inspectors, or customer service representatives. Community | ||||||
17 | association manager does not mean support staff, including, but | ||||||
18 | not limited to bookkeepers, administrative assistants, | ||||||
19 | secretaries, property inspectors, or customer service | ||||||
20 | representatives. | ||||||
21 | "Department" means the Department of Financial and | ||||||
22 | Professional Regulation. | ||||||
23 | "License" means the license issued to a person to act as a | ||||||
24 | community association manager under this Act or other authority | ||||||
25 | to practice issued under this Act. | ||||||
26 | "Person" means any individual, firm, corporation, |
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1 | partnership, organization, or body politic. | ||||||
2 | "Licensee-in-charge" means a person licensed as a | ||||||
3 | community association manager who has been designated by a | ||||||
4 | Community Association Management Agency as the full-time | ||||||
5 | management employee or owner who assumes sole responsibility | ||||||
6 | for maintaining all records required by this Act and who | ||||||
7 | assumes sole responsibility for assuring the licensed agency's | ||||||
8 | compliance with its responsibilities as stated in the Act. | ||||||
9 | "Secretary" means the Secretary of Financial and | ||||||
10 | Professional Regulation.
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11 | Section 15. License required. Beginning 12 months after | ||||||
12 | the adoption of rules providing for the licensure of a | ||||||
13 | community association manager in Illinois under this Act, it | ||||||
14 | shall be unlawful for any person, entity, or other business to | ||||||
15 | provide community association management services or provide | ||||||
16 | services as community association manager to any community | ||||||
17 | association in this State, unless he or she holds a current and | ||||||
18 | valid license issued licensed by the Department or is otherwise | ||||||
19 | exempt from licensure under this Act. | ||||||
20 | Section 20. Exemptions. | ||||||
21 | (a) This Act does not apply to any of the following: | ||||||
22 | (1) Any director, officer, or member of a community | ||||||
23 | association providing one or more of the services of a | ||||||
24 | community association manager without compensation for |
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1 | such services to the association. | ||||||
2 | (2) Any person providing one or more of the services of | ||||||
3 | a community association manager to a community association | ||||||
4 | of 10 units or less. | ||||||
5 | (3) A licensed attorney acting solely as an incident to
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6 | the practice of law. | ||||||
7 | (4) A person acting as a receiver, trustee in | ||||||
8 | bankruptcy, administrator, executor, or guardian acting | ||||||
9 | under a court order or under the authority of a will or of | ||||||
10 | a trust instrument. | ||||||
11 | (5) A person licensed in this State under any other Act | ||||||
12 | from engaging the practice for which he or she is licensed. | ||||||
13 | (b) A licensed community association manager may not | ||||||
14 | perform or engage in any activities for which a real estate | ||||||
15 | broker or real estate salesperson's license is required under
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16 | the Real Estate License Act of 2000, unless he or she also | ||||||
17 | possesses a current license under the Real Estate License Act | ||||||
18 | of 2000 and is providing those services as provided for in the | ||||||
19 | Act and the applicable rules.
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20 | (c) A person may act as, or provide services as, a | ||||||
21 | community association manager without being licensed under | ||||||
22 | this Act if the person (i) is a community association manager | ||||||
23 | regulated under the laws of another state or territory of the | ||||||
24 | United States or another country and (ii) has applied in | ||||||
25 | writing to the Department, on forms prepared and furnished by | ||||||
26 | the Department, for licensure under this Act, but only until |
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1 | the expiration of 6 months after the filing of his or her | ||||||
2 | written application to the Department, his or her withdrawal of | ||||||
3 | the application, he or she has received a notice of intent to | ||||||
4 | deny the application from the Department, or the denial of the | ||||||
5 | application by the Department. | ||||||
6 | Section 25. Community Association Manager Licensing and | ||||||
7 | Disciplinary Board. | ||||||
8 | (a) There is hereby created the Community Association | ||||||
9 | Manager Board, which shall consist of 7 members appointed by | ||||||
10 | the Secretary. All members must be residents of the State and | ||||||
11 | must have resided in the State for at least 5 years immediately | ||||||
12 | preceding the date of appointment. Five members of the Board | ||||||
13 | must be licensees under this Act, except that, initially, these | ||||||
14 | members must meet the qualifications for licensure and have | ||||||
15 | obtained a license within 6 months after the effective date of | ||||||
16 | this Act. Two members of the Board shall be owners or | ||||||
17 | shareholders of a unit in a community association at the time | ||||||
18 | of appointment who are not licensees under this Act and have no | ||||||
19 | direct affiliation or work experience with the community | ||||||
20 | association manager. This Board shall act in an advisory | ||||||
21 | capacity to the Department. | ||||||
22 | (b) Board members shall serve for terms of 5 years, except | ||||||
23 | that, initially, 4 members shall serve for 5 years and 3 | ||||||
24 | members shall serve for 4 years. All members shall serve until
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25 | his or her successor is appointed and qualified. All vacancies |
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1 | shall be filled in like manner for the unexpired term. No | ||||||
2 | member shall serve for more than 2 successive terms. The | ||||||
3 | Secretary shall remove from the Board any member whose license | ||||||
4 | has become void or has been revoked or suspended and may remove | ||||||
5 | any member of the Board for neglect of duty, misconduct, or | ||||||
6 | incompetence. A member subject to formal disciplinary | ||||||
7 | proceedings shall disqualify himself or herself from all Board | ||||||
8 | business until the charge is resolved. A member also shall | ||||||
9 | disqualify himself or herself from any matter on which the | ||||||
10 | member cannot act objectively. | ||||||
11 | (c) A majority of the Board members currently appointed | ||||||
12 | shall constitute a quorum. A vacancy in the membership of the | ||||||
13 | Board shall not impair the right of a quorum to exercise all | ||||||
14 | the rights and perform all the duties of the Board. | ||||||
15 | (d) The Board may elect a chairperson and vice chairperson. | ||||||
16 | (e) Each member shall receive reimbursement as set by the | ||||||
17 | Governor's Travel Control Board for expenses incurred in | ||||||
18 | carrying out the duties as a Board member. The Board shall be | ||||||
19 | compensated as determined by the Secretary. | ||||||
20 | (f) The Board may recommend policies, procedures, and rules | ||||||
21 | relevant to the administration and enforcement of this Act. | ||||||
22 | Section 27. Immunity from Liability. Any member of the | ||||||
23 | Board, any attorney providing
advice to the Board or | ||||||
24 | Department, any person acting as a consultant to the Board or | ||||||
25 | Department, and any witness testifying in a proceeding |
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1 | authorized under this Act, excluding the party making the | ||||||
2 | complaint, shall be immune from liability in any civil action | ||||||
3 | brought against him or her for acts occurring while acting in | ||||||
4 | his or her capacity as a Board member, consultant, or witness, | ||||||
5 | respectively, unless the conduct that gave rise to the action | ||||||
6 | was willful or wanton misconduct. | ||||||
7 | Section 30. Powers and duties of the Department. The | ||||||
8 | Department may exercise the following functions, powers and | ||||||
9 | duties: | ||||||
10 | (a) formulate rules for the administration and enforcement | ||||||
11 | of this Act; | ||||||
12 | (b) prescribe forms to be issued for the administration and | ||||||
13 | enforcement of this Act; | ||||||
14 | (c) conduct hearings or proceedings to refuse to issue, | ||||||
15 | renew, suspend, revoke, place on probation, reprimand, or take | ||||||
16 | disciplinary or non-disciplinary action as the Department may | ||||||
17 | deem appropriate under this Act; | ||||||
18 | (d) maintain a roster of the names and addresses of all | ||||||
19 | licensees in a manner as deemed appropriate by the Department; | ||||||
20 | and | ||||||
21 | (e) seek the advice and expert knowledge of the Board on | ||||||
22 | any matter relating to the
administration and enforcement of | ||||||
23 | this Act. | ||||||
24 | Section 32. Social Security Number on license application. |
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1 | In addition to any other information required to be contained | ||||||
2 | in the application, every application for an original, renewal, | ||||||
3 | or restored license under this Act shall include the | ||||||
4 | applicant's Social Security Number. | ||||||
5 | Section 35. Functions and powers of the Board.
Subject to | ||||||
6 | the provisions of this Act, the Board shall exercise, in an | ||||||
7 | advisory capacity, the following functions and powers: | ||||||
8 | (1) make recommendations regarding rules for the | ||||||
9 | administration and enforcement of this Act, including, but | ||||||
10 | not limited to, experience, education, licensure, | ||||||
11 | disciplinary standards and procedures, renewal and | ||||||
12 | restoration requirements;
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13 | (2) make recommendations regarding subjects, topics | ||||||
14 | and areas needed for the examination in order to fairly | ||||||
15 | ascertain the fitness and qualifications of applicants for | ||||||
16 | licensure;
and | ||||||
17 | (3) make recommendations regarding discipline as | ||||||
18 | provided for in this Act.
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19 | Section 40. Qualifications for licensure as a community | ||||||
20 | association manager. | ||||||
21 | (a) No person shall be qualified for licensure under this | ||||||
22 | Act, unless he or she has applied in writing on the prescribed | ||||||
23 | forms and has paid the required, nonrefundable fees and meets | ||||||
24 | all of the following qualifications: |
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1 | (1) He or she is at least 21 years of age. | ||||||
2 | (2) He or she provides satisfactory evidence of having | ||||||
3 | completed at least 20 classroom hours in community | ||||||
4 | association management courses approved by the Board. | ||||||
5 | (3) He or she has passed an examination authorized by | ||||||
6 | the Department.
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7 | (4) He or she has not committed an act or acts, in this | ||||||
8 | or any other jurisdiction, that would be a violation of | ||||||
9 | this Act. | ||||||
10 | (5) He or she is of good moral character. Good moral | ||||||
11 | character is a continuing requirement of licensure. | ||||||
12 | Conviction of crimes other than felonies may be used in | ||||||
13 | determining moral character, but shall not constitute an | ||||||
14 | absolute bar to licensure. | ||||||
15 | (6) He or she has not been declared by any court of | ||||||
16 | competent jurisdiction to be incompetent by reason of | ||||||
17 | mental or physical defect or disease, unless a court has | ||||||
18 | subsequently declared him or her to be competent. | ||||||
19 | (7) He or she complies with any additional | ||||||
20 | qualifications for licensure as determined by rule of the | ||||||
21 | Department. | ||||||
22 | (b) The education requirement set forth in item (2) of | ||||||
23 | subsection (a) of this Section shall not apply to persons | ||||||
24 | holding a real estate broker or real estate salesperson license | ||||||
25 | in good standing issued under the Real Estate License Act of | ||||||
26 | 2000. |
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1 | (c) The examination and initial education requirement of | ||||||
2 | items (2) and (3) of subsection (a) of this Section shall not | ||||||
3 | apply to any person who within 6 months from the effective date | ||||||
4 | of the requirement for licensure, as set forth in Section 170 | ||||||
5 | of this Act, applies for a license by providing satisfactory | ||||||
6 | evidence to the Department of qualifying experience or | ||||||
7 | education, as may be set forth by rule, including without | ||||||
8 | limitation evidence that he or she has (i) practiced community | ||||||
9 | association management for a period of 5 years or (ii) achieved | ||||||
10 | a designation awarded by recognized community association | ||||||
11 | management organizations in the State. | ||||||
12 | (d) Applicants have 3 years from the date of application to | ||||||
13 | complete the application process. If the process has not been | ||||||
14 | completed within the 3 years, the application shall be denied, | ||||||
15 | the fee shall be forfeited, and the applicant must reapply and | ||||||
16 | meet the requirements in effect at the time of re-application. | ||||||
17 | Section 45. Examinations. | ||||||
18 | (a) The Department shall authorize examinations of | ||||||
19 | applicants for licensure as a community association manager at | ||||||
20 | such times and places as it may determine. The examination of | ||||||
21 | applicants shall be of a character to give a fair test of the | ||||||
22 | qualifications of the applicant to practice as a community | ||||||
23 | association manager. | ||||||
24 | (b) Applicants for examination shall be required to pay, | ||||||
25 | either to the Department or the designated testing service, a |
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1 | fee covering the cost of providing the examination. | ||||||
2 | (c) The Department may employ consultants for the purpose | ||||||
3 | of preparing and conducting examinations. | ||||||
4 | (d) An applicant shall be eligible to take the examination | ||||||
5 | only after successfully completing the education requirements | ||||||
6 | set forth in this Act and attaining the minimum age required
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7 | under this Act. | ||||||
8 | (e) The examination approved by the Department should | ||||||
9 | utilize the basic principles of professional testing standards | ||||||
10 | utilizing psychometric measurement. The examination shall use | ||||||
11 | standards set forth by the National Organization for Competency | ||||||
12 | Assurances and shall be approved by the Department. | ||||||
13 | Section 50. Community Association Management Agency.
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14 | (a) No firm, corporation, limited liability company, or | ||||||
15 | other legal entity shall provide or offer to provide community | ||||||
16 | association management services, unless such services are | ||||||
17 | provided through: | ||||||
18 | (1) an employee or independent contractor who is | ||||||
19 | licensed under this Act; | ||||||
20 | (2) a natural person who is acting under the direct | ||||||
21 | supervision of an employee of such firm, corporation, | ||||||
22 | limited liability company, or other legal entity that is | ||||||
23 | licensed under this Act; or | ||||||
24 | (3) a natural person who is legally-authorized to | ||||||
25 | provide such services. |
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1 | (b) Any firm, corporation, limited liability company, or | ||||||
2 | other legal entity that is providing, or offering to provide, | ||||||
3 | community association management services and is not in | ||||||
4 | compliance with Section 50 and the provisions of this Act shall | ||||||
5 | be subject to the fines, injunctions, cease desist provisions, | ||||||
6 | and penalties provided for in Sections 90, 92, and 155 of this | ||||||
7 | Act. | ||||||
8 | (c) No community association manager may be the | ||||||
9 | licensee-in-charge for more than one firm, corporation, | ||||||
10 | limited liability company, or other legal entity.
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11 | Section 55. Fidelity insurance; segregation of accounts. | ||||||
12 | (a) A community association manager or the Community | ||||||
13 | Association Management Agency with which he or she is employed | ||||||
14 | shall not have access to and disburse funds of a community | ||||||
15 | association unless each of the following conditions occur: | ||||||
16 | (1) There is fidelity insurance in place to insure | ||||||
17 | against loss for theft of community association funds. | ||||||
18 | (2) The fidelity insurance is not less than all moneys | ||||||
19 | under the control of the community association manager or | ||||||
20 | the employing Community Association Management Agency for | ||||||
21 | the association. | ||||||
22 | (3) The fidelity insurance covers the community | ||||||
23 | association manager and all partners, officers, and | ||||||
24 | employees of the Community Association Management Agency | ||||||
25 | with whom he or she is employed during the term of the |
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1 | insurance coverage, as well as the association officers, | ||||||
2 | directors, and employees. | ||||||
3 | (4) The insurance company issuing the fidelity | ||||||
4 | insurance may not cancel or refuse to renew the bond | ||||||
5 | without giving at least 10 days prior written notice. | ||||||
6 | (5) Unless an agreement between the community | ||||||
7 | association and the community association manager or the | ||||||
8 | Community Association Management Agency provides to the | ||||||
9 | contrary, the Association secures and pays for the fidelity | ||||||
10 | insurance. The community association manager and the | ||||||
11 | Community Association Management Agency must be named as | ||||||
12 | additional insured parties on the association policy. | ||||||
13 | (b) A community association manager or Community | ||||||
14 | Association Management Agency that provides community | ||||||
15 | association management services for more than one community | ||||||
16 | association shall maintain separate, segregated accounts for | ||||||
17 | each community association or, with the consent of the | ||||||
18 | association, combine the accounts of one or more associations, | ||||||
19 | but in that event, separately account for the funds of each | ||||||
20 | association. The funds shall not, in any event, be commingled | ||||||
21 | with the community association manager's or Community | ||||||
22 | Association Management Agency's funds. The maintenance of such | ||||||
23 | accounts shall be custodial, and such accounts shall be in the | ||||||
24 | name of the respective community association or community | ||||||
25 | association manager or Community Association Management Agency | ||||||
26 | as the agent for the association. |
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1 | (c) The community association manager or Community | ||||||
2 | Association Management Agency shall obtain the appropriate | ||||||
3 | general liability and errors and omissions insurance, as | ||||||
4 | determined by the Department, to cover any losses or claims | ||||||
5 | against community association clients. | ||||||
6 | (d) The Department shall have authority to promulgate | ||||||
7 | additional rules regarding insurance, fidelity insurance and | ||||||
8 | all accounts maintained and to be maintained by a community | ||||||
9 | association manager or Community Association Management | ||||||
10 | Agency.
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11 | Section 60. Licenses; renewals; restoration; person in | ||||||
12 | military service. | ||||||
13 | (a) The expiration date and renewal period for each license | ||||||
14 | issued under this Act shall be set by rule. The Department may | ||||||
15 | promulgate rules requiring continuing education and set all | ||||||
16 | necessary requirements for such, including but not limited to | ||||||
17 | fees, approved coursework, number of hours, and waivers of | ||||||
18 | continuing education. | ||||||
19 | (b) Any licensee who has permitted his or her license to | ||||||
20 | expire may have the license restored by making application to | ||||||
21 | the Department and filing proof acceptable to the Department of | ||||||
22 | fitness to have his or her license restored, by which may | ||||||
23 | include sworn evidence certifying to active practice in another | ||||||
24 | jurisdiction satisfactory to the Department, complying with | ||||||
25 | any continuing education requirements, and paying the required |
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1 | restoration fee. | ||||||
2 | (c) If the person has not maintained an active practice in | ||||||
3 | another jurisdiction satisfactory to the Department, the | ||||||
4 | Department shall determine, by an evaluation program | ||||||
5 | established by rule, the person's fitness to resume active | ||||||
6 | status and may require the person to complete a period of | ||||||
7 | evaluated clinical experience and successful completion of a | ||||||
8 | practical examination.
However, any person whose license | ||||||
9 | expired while (i) in federal service on active duty with the | ||||||
10 | Armed Forces of the United States or called into service or | ||||||
11 | training with the State Militia or (ii) in training or | ||||||
12 | education under the supervision of the United States | ||||||
13 | preliminary to induction into the military service may have his | ||||||
14 | or her license renewed or restored without paying any lapsed | ||||||
15 | renewal fees if, within 2 years after honorable termination of | ||||||
16 | the service, training or education, except under condition | ||||||
17 | other than honorable, he or she furnishes the Department with | ||||||
18 | satisfactory evidence to the effect that he or she has been so | ||||||
19 | engaged and that the service, training, or education has been | ||||||
20 | so terminated. | ||||||
21 | (d) A community association manager who notifies the | ||||||
22 | Department, in writing on forms prescribed by the Department, | ||||||
23 | may place his or her license on inactive status and shall be | ||||||
24 | excused from the payment of renewal fees until the person | ||||||
25 | notifies the Department in writing of the intention to resume | ||||||
26 | active practice. |
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1 | (e) A community association manager requesting his or her | ||||||
2 | license be changed from inactive to active status shall be | ||||||
3 | required to pay the current renewal fee and shall also | ||||||
4 | demonstrate compliance with the continuing education | ||||||
5 | requirements. | ||||||
6 | (f) Any license is nonrenewed or on inactive status shall | ||||||
7 | provide community association management services or provide | ||||||
8 | services as community association manager as set forth in this | ||||||
9 | Act. | ||||||
10 | (g) Any person violating subsection (f) of this Section | ||||||
11 | shall be considered to be practicing without a license and will | ||||||
12 | be subject to the disciplinary provisions of this Act. | ||||||
13 | Section 65. Fees; Community Association Manager Licensing | ||||||
14 | and Disciplinary Fund. | ||||||
15 | (a) The fees for the administration and enforcement of this | ||||||
16 | Act, including, but not limited to, initial licensure, renewal, | ||||||
17 | and restoration, shall be set by rule of the Department. The | ||||||
18 | fees shall be nonrefundable. | ||||||
19 | (b) In addition to the application fee, applicants for the | ||||||
20 | examination are required to pay, either to the Department or | ||||||
21 | the designated testing service, a fee covering the cost of | ||||||
22 | determining an applicant's eligibility and providing the | ||||||
23 | examination. Failure to appear for the examination on the | ||||||
24 | scheduled date, at the time and place specified, after the | ||||||
25 | applicant's application and fee for examination have been |
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1 | received and acknowledged by the Department or the designated | ||||||
2 | testing service, shall result in the forfeiture of the fee. | ||||||
3 | (c) To support the costs of administering this Act, all | ||||||
4 | community associations that have 10 or more units and are | ||||||
5 | registered in this State as not-for-profit corporations shall | ||||||
6 | pay to the Department an annual fee of $50 plus an additional | ||||||
7 | $1 per unit. The Department may establish forms and promulgate | ||||||
8 | any rules for the effective collection of such fees under this | ||||||
9 | subsection (c). | ||||||
10 | Any not-for-profit corporation in this State that fails to | ||||||
11 | pay in full to the Department all fees owed under this | ||||||
12 | subsection (c) shall be subject to the penalties and procedures | ||||||
13 | provided for under Section 92 of this Act. | ||||||
14 | (d) All fees, fines, penalties, or other monies received or | ||||||
15 | collected pursuant to this Act shall be deposited in the | ||||||
16 | Community Association Manager Licensing and Disciplinary Fund.
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17 | Section 70. Penalty for insufficient funds; payments. Any | ||||||
18 | person who delivers a check or other payment to the Department | ||||||
19 | that is returned to the Department unpaid by the financial | ||||||
20 | institution upon which it is drawn shall pay to the Department, | ||||||
21 | in addition to the amount already owed to the Department, a | ||||||
22 | fine of $50. The Department shall notify the person that | ||||||
23 | payment of fees and fines shall be paid to the Department by | ||||||
24 | certified check or money order within 30 calendar days after | ||||||
25 | notification. If, after the expiration of 30 days from the date |
| |||||||
| |||||||
1 | of the notification, the person has failed to submit the | ||||||
2 | necessary remittance, the Department shall automatically | ||||||
3 | terminate the license or deny the application, without hearing. | ||||||
4 | If, after termination or denial, the person seeks a license, he | ||||||
5 | or she shall apply to the Department for restoration or | ||||||
6 | issuance of the license and pay all fees and fines due to the | ||||||
7 | Department. The Department may establish a fee for the | ||||||
8 | processing of an application for restoration of a license to | ||||||
9 | pay all expenses of processing this application. The Secretary | ||||||
10 | may waive the fines due under this Section in individual cases | ||||||
11 | where the Secretary finds that the fines would be unreasonable | ||||||
12 | or unnecessarily burdensome. | ||||||
13 | Section 75. Endorsement. The Department may issue a | ||||||
14 | license as a licensed community association manager, without | ||||||
15 | the required examination, to an applicant licensed under the | ||||||
16 | laws of another state if the requirements for licensure in that | ||||||
17 | state are, on the date of licensure, substantially equal to the | ||||||
18 | requirements of this Act or to a person who, at the time of his | ||||||
19 | or her application for licensure, possessed individual | ||||||
20 | qualifications that were substantially equivalent to the | ||||||
21 | requirements then in force in this State. An applicant under | ||||||
22 | this Section shall pay all of the required fees. | ||||||
23 | Applicants have 3 years from the date of application to | ||||||
24 | complete the application process. If the process has not been | ||||||
25 | completed within the 3 years, the application shall be denied, |
| |||||||
| |||||||
1 | the fee shall be forfeited, and the applicant must reapply and | ||||||
2 | meet the requirements in effect at the time of reapplication.
| ||||||
3 | Section 80. Roster. The Department shall maintain a roster | ||||||
4 | of names and addresses of all persons who hold valid licenses | ||||||
5 | and all persons whose licenses have been suspended, revoked or | ||||||
6 | otherwise disciplined. This roster shall be available upon | ||||||
7 | request and payment of the required fee as determined by the | ||||||
8 | Department.
| ||||||
9 | Section 85. Grounds for discipline; refusal, revocation, | ||||||
10 | or suspension. | ||||||
11 | (a) The Department may refuse to issue or renew, or may | ||||||
12 | revoke a license, or may suspend, place on probation, fine, or | ||||||
13 | take any disciplinary or non-disciplinary action as the | ||||||
14 | Department may deem proper, including fines not to exceed | ||||||
15 | $10,000 for each violation, with regard to any licensee for any | ||||||
16 | one or combination of the following causes: | ||||||
17 | (1) Material misstatement in furnishing information to | ||||||
18 | the Department. | ||||||
19 | (2) Violations of this Act or its rules. | ||||||
20 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
21 | contendere to any crime that is a felony under the laws of | ||||||
22 | the United States or any state or territory thereof or a | ||||||
23 | misdemeanor of which an essential element is dishonesty or | ||||||
24 | that is directly related to the practice of the profession. |
| |||||||
| |||||||
1 | (4) Making any misrepresentation for the purpose of | ||||||
2 | obtaining a license or violating any provision of this Act | ||||||
3 | or its rules. | ||||||
4 | (5) Professional incompetence. | ||||||
5 | (6) Gross negligence. | ||||||
6 | (7) Aiding or assisting another person in violating any | ||||||
7 | provision of this Act or its rules. | ||||||
8 | (8) Failing, within 30 days, to provide information in | ||||||
9 | response to a request made by the Department. | ||||||
10 | (9) Engaging in dishonorable, unethical, or | ||||||
11 | unprofessional conduct of a character likely to deceive, | ||||||
12 | defraud or harm the public as defined by the rules of the | ||||||
13 | Department, or violating the rules of professional conduct | ||||||
14 | adopted by the Department. | ||||||
15 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
16 | narcotics, stimulants, or any other chemical agent or drug | ||||||
17 | that results in the inability to practice with reasonable | ||||||
18 | judgment, skill, or safety. | ||||||
19 | (11) Discipline by another state, territory, or | ||||||
20 | country if at least one of the grounds for the discipline | ||||||
21 | is the same or substantially equivalent to those set forth | ||||||
22 | in this Act. | ||||||
23 | (12) Directly or indirectly giving to or receiving from | ||||||
24 | any person, firm, corporation, partnership or association | ||||||
25 | any fee, commission, rebate, or other form of compensation | ||||||
26 | for any professional services not actually or personally |
| |||||||
| |||||||
1 | rendered. | ||||||
2 | (13) A finding by the Department that the licensee, | ||||||
3 | after having his or her license placed on probationary | ||||||
4 | status, has violated the terms of probation. | ||||||
5 | (14) Willfully making or filing false records or | ||||||
6 | reports relating to a licensee's practice, including but | ||||||
7 | not limited to false records filed any State or Federal | ||||||
8 | agencies or departments. | ||||||
9 | (15) Being named as a perpetrator in an indicated | ||||||
10 | report by the Department of Children and Family Services | ||||||
11 | under the Abused and Neglected Child Reporting Act and upon | ||||||
12 | proof by clear and convincing evidence that the licensee | ||||||
13 | has caused a child to be an abused child or neglected child | ||||||
14 | as defined in the Abused and Neglected Child Reporting Act. | ||||||
15 | (16) Physical illness or mental illness or impairment, | ||||||
16 | including, but not limited to, deterioration through the | ||||||
17 | aging process or loss of motor skill that results in the | ||||||
18 | inability to practice the profession with reasonable | ||||||
19 | judgment, skill, or safety. | ||||||
20 | (17) Solicitation of professional services by using | ||||||
21 | false or misleading advertising. | ||||||
22 | (18) A finding that licensure has been applied for or | ||||||
23 | obtained by fraudulent means. | ||||||
24 | (19) Practicing or attempting to practice under a name | ||||||
25 | other than the full name as shown on the license or any | ||||||
26 | other legally authorized name. |
| |||||||
| |||||||
1 | (20) Gross overcharging for professional services | ||||||
2 | including, but not limited to, (i) collection of fees or | ||||||
3 | moneys for services that are not rendered; and (ii) | ||||||
4 | charging for services that are not in accordance with the | ||||||
5 | contract between the licensee and the community | ||||||
6 | association. | ||||||
7 | (21) Improper commingling of personal and client funds | ||||||
8 | in violation of this Act or any rules promulgated thereto. | ||||||
9 | (22) Failing to account for or remit any moneys or | ||||||
10 | documents coming into the licensee's possession that | ||||||
11 | belong to another person or entity. | ||||||
12 | (23) Giving differential treatment to a person that is | ||||||
13 | to that person's detriment because of race, color, creed, | ||||||
14 | sex, religion, or national origin. | ||||||
15 | (24) Performing and charging for services without | ||||||
16 | reasonable authorization to do so from the person or entity | ||||||
17 | for whom service is being provided. | ||||||
18 | (25) Failing to make available to the Department, upon | ||||||
19 | request, any books, records, or forms required by this Act. | ||||||
20 | (26) Purporting to be a licensee-in-charge of an agency | ||||||
21 | without active participation in the agency. | ||||||
22 | (27) Failing to make available to the Department at the | ||||||
23 | time of the request any indicia of licensure or | ||||||
24 | registration issued under this Act. | ||||||
25 | (b) In accordance with subdivision (a)(5) of Section 15 of | ||||||
26 | the Department of Professional Regulation Law of the Civil |
| |||||||
| |||||||
1 | Administrative Code of Illinois (20 ILCS 2105/2105-15), the | ||||||
2 | Department shall deny a license or renewal authorized by this | ||||||
3 | Act to a person who has defaulted on an educational loan or | ||||||
4 | scholarship provided or guaranteed by the Illinois Student | ||||||
5 | Assistance Commission or any governmental agency of this State. | ||||||
6 | (c) The determination by a circuit court that a licensee is | ||||||
7 | subject to involuntary admission or judicial admission, as | ||||||
8 | provided in the Mental Health and Developmental Disabilities | ||||||
9 | Code, operates as an automatic suspension. The suspension will | ||||||
10 | terminate only upon a finding by a court that the patient is no | ||||||
11 | longer subject to involuntary admission or judicial admission | ||||||
12 | and the issuance of an order so finding and discharging the | ||||||
13 | patient, and upon the recommendation of the Board to the | ||||||
14 | Secretary that the licensee be allowed to resume his or her | ||||||
15 | practice as a licensed Community association manager. | ||||||
16 | (d) In accordance with subsection (g) of Section 15 of the | ||||||
17 | Department of Professional Regulation Law of the Civil | ||||||
18 | Administrative Code of Illinois (20 ILCS 2105/2105-15), the | ||||||
19 | Department may refuse to issue or renew or may suspend the | ||||||
20 | license of any person who fails to file a return, to pay the | ||||||
21 | tax, penalty, or interest shown in a filed return, or to pay | ||||||
22 | any final assessment of tax, penalty, or interest, as required | ||||||
23 | by any tax Act administered by the Department of Revenue, until | ||||||
24 | such time as the requirements of that tax Act are satisfied.
| ||||||
25 | (e) In accordance with subdivision (a)(5) of Section 15 of | ||||||
26 | the Department of Professional Regulation Law of the Civil |
| |||||||
| |||||||
1 | Administrative Code of Illinois (20 ILCS 2105/2105-15) and in | ||||||
2 | cases where the Department of Healthcare and Family Services | ||||||
3 | (formerly Department of Public Aid) has previously determined | ||||||
4 | that a licensee or a potential licensee is more than 30 days | ||||||
5 | delinquent in the payment of child support and has subsequently | ||||||
6 | certified the delinquency to the Department may refuse to issue | ||||||
7 | or renew or may revoke or suspend that person's license or may | ||||||
8 | take other disciplinary action against that person based solely | ||||||
9 | upon the certification of delinquency made by the Department of | ||||||
10 | Healthcare and Family Services. | ||||||
11 | (f) In enforcing this Section, the Department or Board upon | ||||||
12 | a showing of a possible violation may compel an individual | ||||||
13 | licensed to practice under this Act, or who has applied for | ||||||
14 | licensure under this Act, to submit to a mental or physical | ||||||
15 | examination, or both, as required by and at the expense of the | ||||||
16 | Department. The Department or Board may order the examining | ||||||
17 | physician to present testimony concerning the mental or | ||||||
18 | physical examination of the licensee or applicant. No | ||||||
19 | information shall be excluded by reason of any common law or | ||||||
20 | statutory privilege relating to communications between the | ||||||
21 | licensee or applicant and the examining physician. The | ||||||
22 | examining physicians shall be specifically designated by the | ||||||
23 | Board or Department. The individual to be examined may have, at | ||||||
24 | his or her own expense, another physician of his or her choice | ||||||
25 | present during all aspects of this examination. Failure of an | ||||||
26 | individual to submit to a mental or physical examination, when |
| |||||||
| |||||||
1 | directed, shall be grounds for suspension of his or her license | ||||||
2 | or denial of his or her application or renewal until the | ||||||
3 | individual submits to the examination if the Department finds, | ||||||
4 | after notice and hearing, that the refusal to submit to the | ||||||
5 | examination was without reasonable cause.
| ||||||
6 | If the Department or Board finds an individual unable to | ||||||
7 | practice because of the reasons set forth in this Section, the | ||||||
8 | Department or Board may require that individual to submit to | ||||||
9 | care, counseling, or treatment by physicians approved or | ||||||
10 | designated by the Department or Board, as a condition, term, or | ||||||
11 | restriction for continued, reinstated, or renewed licensure to | ||||||
12 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
13 | Department may file, or the Board may recommend to the | ||||||
14 | Department to file, a complaint to immediately suspend, revoke, | ||||||
15 | deny, or otherwise discipline the license of the individual. An | ||||||
16 | individual whose license was granted, continued, reinstated, | ||||||
17 | renewed, disciplined or supervised subject to such terms, | ||||||
18 | conditions, or restrictions, and who fails to comply with such | ||||||
19 | terms, conditions, or restrictions, shall be referred to the | ||||||
20 | Secretary for a determination as to whether the individual | ||||||
21 | shall have his or her license suspended immediately, pending a | ||||||
22 | hearing by the Department. | ||||||
23 | In instances in which the Secretary immediately suspends a | ||||||
24 | person's license under this Section, a hearing on that person's | ||||||
25 | license must be convened by the Department within 30 days after | ||||||
26 | the suspension and completed without appreciable delay. The |
| |||||||
| |||||||
1 | Department and Board shall have the authority to review the | ||||||
2 | subject individual's record of treatment and counseling | ||||||
3 | regarding the impairment to the extent permitted by applicable | ||||||
4 | federal statutes and regulations safeguarding the | ||||||
5 | confidentiality of medical records. | ||||||
6 | An individual licensed under this Act and affected under | ||||||
7 | this Section shall be afforded an opportunity to demonstrate to | ||||||
8 | the Department or Board that he or she can resume practice in | ||||||
9 | compliance with acceptable and prevailing standards under the | ||||||
10 | provisions of his or her license. | ||||||
11 | Section 87. Suspension of license for failure to pay | ||||||
12 | restitution. The Department, without further process or | ||||||
13 | hearing, shall suspend the license or other authorization to | ||||||
14 | practice of any person issued under this Act who has been | ||||||
15 | certified by court order as not having paid restitution to a | ||||||
16 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
17 | under Section 46-1 of the Criminal Code of 1961. A person whose | ||||||
18 | license or other authorization to practice is suspended under | ||||||
19 | this Section is prohibited from practicing until the | ||||||
20 | restitution is made in full. | ||||||
21 | Section 90. Violations; injunctions; cease and desist | ||||||
22 | orders. | ||||||
23 | (a) If any person violates a provision of this Act, the | ||||||
24 | Secretary may, in the name of the People of the State of |
| |||||||
| |||||||
1 | Illinois, through the Attorney General of the State of | ||||||
2 | Illinois, petition for an order enjoining the violation or for | ||||||
3 | an order enforcing compliance with this Act. Upon the filing of | ||||||
4 | a verified petition in court, the court may issue a temporary | ||||||
5 | restraining order, without notice or bond, and may | ||||||
6 | preliminarily and permanently enjoin the violation. If it is | ||||||
7 | established that the person has violated or is violating the | ||||||
8 | injunction, the Court may punish the offender for contempt of | ||||||
9 | court. Proceedings under this Section are in addition to, and | ||||||
10 | not in lieu of, all other remedies and penalties provided by | ||||||
11 | this Act. | ||||||
12 | (b) If any person, entity or other business may provide | ||||||
13 | community association management services or provide services | ||||||
14 | as community association manager to any community association | ||||||
15 | in this State without having a valid license under this Act, | ||||||
16 | then any licensee, any interested party or any person injured | ||||||
17 | thereby may, in addition to the Secretary, petition for relief | ||||||
18 | as provided in subsection (a) of this Section. | ||||||
19 | (c) Whenever in the opinion of the Department any person, | ||||||
20 | entity or other business violates any provision of this Act, | ||||||
21 | the Department may issue a rule to show because why an order to | ||||||
22 | cease and desist should not be entered against such person, | ||||||
23 | firm or other entity. The rule shall clearly set forth the | ||||||
24 | grounds relied upon by the Department and shall provide a | ||||||
25 | period of at least 7 days from the date of the rule to file an | ||||||
26 | answer to the satisfaction of the Department. If the person, |
| |||||||
| |||||||
1 | firm or other entity fails to file an answer satisfactory to | ||||||
2 | the Department, the matter shall be considered as a default and | ||||||
3 | the Department may cause an order to cease and desist to be | ||||||
4 | issued immediately. | ||||||
5 | Section 92. Unlicensed practice; violation; civil penalty. | ||||||
6 | (a) Any person, entity or other business who practices, | ||||||
7 | offers to practice, attempts to practice, or holds himself, | ||||||
8 | herself or itself out to practice as a community association | ||||||
9 | management services or provide services as community | ||||||
10 | association manager to any community association in this State | ||||||
11 | without being licensed under this Act shall, in addition to any | ||||||
12 | other penalty provided by law, pay a civil penalty to the | ||||||
13 | Department in an amount not to exceed $10,000 for each offense, | ||||||
14 | as determined by the Department. The civil penalty shall be | ||||||
15 | assessed by the Department after a hearing is held in | ||||||
16 | accordance with the provisions set forth in this Act regarding | ||||||
17 | the provision of a hearing for the discipline of a licensee. | ||||||
18 | (b) The Department may investigate any and all unlicensed | ||||||
19 | activity. | ||||||
20 | (c) The civil penalty shall be paid within 60 days after | ||||||
21 | the effective date of the order imposing the civil penalty. The | ||||||
22 | order shall constitute a judgment and may be filed and | ||||||
23 | execution had thereon in the same manner as any judgment from | ||||||
24 | any court of record. |
| |||||||
| |||||||
1 | Section 95. Investigation; notice and hearing. The | ||||||
2 | Department may investigate the actions or qualifications of | ||||||
3 | person, entity or other business holding or claiming to hold a | ||||||
4 | license. Before suspending, revoking, placing on probationary | ||||||
5 | status, or taking any other disciplinary action as the | ||||||
6 | Department may deem proper with regard to any license, at least | ||||||
7 | 30 days before the date set for the hearing, the Department | ||||||
8 | shall (i) notify the accused in writing of any charges made and | ||||||
9 | the time and place for a hearing on the charges before the | ||||||
10 | Board, (ii) direct the individual or entity to file a written | ||||||
11 | answer to the charges with the Board under oath within 20 days | ||||||
12 | after the service on him or her of such notice, and (iii) | ||||||
13 | inform the person, entity or other business that if the person, | ||||||
14 | entity, or other business fails to file an answer, default will | ||||||
15 | be taken against such person, entity, or other business and the | ||||||
16 | license of such person, entity, or other business may be | ||||||
17 | suspended, revoked, placed on probationary status, or other | ||||||
18 | disciplinary action taken with regard to the license, including | ||||||
19 | limiting the scope, nature, or extent of his or her practice, | ||||||
20 | as the Department may deem proper. In case the person, after | ||||||
21 | receiving notice, fails to file an answer, his or her license | ||||||
22 | may, in the discretion of the Department, be suspended, | ||||||
23 | revoked, placed on probationary status, or the Department may | ||||||
24 | take whatever disciplinary action deemed proper, including | ||||||
25 | limiting the scope, nature, or extent of the person's practice | ||||||
26 | or the imposition of a fine, without a hearing, if the act or |
| |||||||
| |||||||
1 | acts charged constitute sufficient grounds for such action | ||||||
2 | under this Act. Written notice may be served by personal | ||||||
3 | delivery or by registered or certified mail to the applicant or | ||||||
4 | licensee at his or her last address of record with the | ||||||
5 | Department. In case the person fails to file an answer after | ||||||
6 | receiving notice, his or her license may, in the discretion of | ||||||
7 | the Department, be suspended, revoked, or placed on | ||||||
8 | probationary status, or the Department may take whatever | ||||||
9 | disciplinary action deemed proper, including limiting the | ||||||
10 | scope, nature, or extent of the person's practice or the | ||||||
11 | imposition of a fine, without a hearing, if the act or acts | ||||||
12 | charged constitute sufficient grounds for such action under | ||||||
13 | this Act. The written answer shall be served by personal | ||||||
14 | delivery, certified delivery, or certified or registered mail | ||||||
15 | to the Department. At the time and place fixed in the notice, | ||||||
16 | the Department shall proceed to hear the charges and the | ||||||
17 | parties or their counsel shall be accorded ample opportunity to | ||||||
18 | present such statements, testimony, evidence, and argument as | ||||||
19 | may be pertinent to the charges or to the defense thereto. The | ||||||
20 | Department may continue such hearing from time to time. At the | ||||||
21 | discretion of the Secretary after having first received the | ||||||
22 | recommendation of the Board, the accused person's license may | ||||||
23 | be suspended or revoked, if the evidence constitutes sufficient | ||||||
24 | grounds for such action under this Act. | ||||||
25 | Section 100. Record of proceeding. The Department, at its |
| |||||||
| |||||||
1 | expense, shall preserve a record of all proceedings at the | ||||||
2 | formal hearing of any case involving the refusal to restore, | ||||||
3 | issue or renew a license, or the discipline of a licensee. The | ||||||
4 | notice of hearing, complaint and all other documents in the | ||||||
5 | nature of pleadings and written motions filed in the | ||||||
6 | proceedings, the transcript of testimony, the report of the | ||||||
7 | Board and the orders of the Department shall be the record of | ||||||
8 | the proceedings. | ||||||
9 | Section 105. Subpoenas; oaths; attendance of witnesses.
| ||||||
10 | The Department has the power to subpoena documents, books, | ||||||
11 | records, or other materials and to bring before it any person | ||||||
12 | and to take testimony either orally, by deposition, by written | ||||||
13 | interrogatory, or any combination thereof, with the same fees | ||||||
14 | and mileage and in the same manner as prescribed in civil cases | ||||||
15 | in the courts of this State.
| ||||||
16 | The Secretary, the designated hearing officer, and every | ||||||
17 | member of the Board has the power to administer oaths to | ||||||
18 | witnesses at any hearing that the Department is authorized to | ||||||
19 | conduct and any other oaths authorized in any Act administered | ||||||
20 | by the Department. | ||||||
21 | Any circuit court may, upon application of the Department | ||||||
22 | or its designee, or of the applicant or licensee against whom | ||||||
23 | proceedings under this Act are pending, enter an order | ||||||
24 | requiring the attendance of witnesses and their testimony, and | ||||||
25 | the production of documents, papers, files, books, records or |
| |||||||
| |||||||
1 | testimony in connection with any hearing or investigation. The | ||||||
2 | court may compel obedience to its order by proceedings for | ||||||
3 | contempt. | ||||||
4 | Section 110. Recommendations for disciplinary action. At | ||||||
5 | the conclusion of the hearing, the Board shall present to the | ||||||
6 | Secretary a written report of its findings and recommendations. | ||||||
7 | The report shall contain a finding whether or not the accused | ||||||
8 | person violated this Act or failed to comply with the | ||||||
9 | conditions required in this Act. The Board shall specify the | ||||||
10 | nature of the violation or failure to comply, and shall make | ||||||
11 | its recommendations to the Secretary. | ||||||
12 | The report of findings and recommendations of the Board | ||||||
13 | shall be the basis for the Department's order for refusal or | ||||||
14 | for the granting of a license, or for any disciplinary action, | ||||||
15 | unless the Secretary shall determine that the Board's report is | ||||||
16 | contrary to the manifest weight of the evidence, in which case | ||||||
17 | the Secretary may issue an order in contravention of the | ||||||
18 | Board's report. The finding is not admissible in evidence | ||||||
19 | against the person in a criminal prosecution brought for the | ||||||
20 | violation of this Act, but the hearing and finding are not a | ||||||
21 | bar to a criminal prosecution brought for the violation of this | ||||||
22 | Act. | ||||||
23 | Section 115. Rehearing. In any hearing involving | ||||||
24 | disciplinary action against a licensee, a copy of the Board's |
| |||||||
| |||||||
1 | report shall be served upon the respondent by the Department, | ||||||
2 | either personally or as provided in this Act for the service of | ||||||
3 | the notice of hearing. Within 20 calendar days after service, | ||||||
4 | the respondent may present to the Department a motion in | ||||||
5 | writing for a rehearing that shall specify the particular | ||||||
6 | grounds for rehearing. If no motion for rehearing is filed, | ||||||
7 | then upon the expiration of the time specified for filing a | ||||||
8 | motion, or if a motion for rehearing is denied, then upon | ||||||
9 | denial, the Secretary may enter an order in accordance with | ||||||
10 | recommendations of the Board, except as provided in this Act. | ||||||
11 | If the respondent orders from the reporting service, and pays | ||||||
12 | for, a transcript of the record within the time for filing a | ||||||
13 | motion for rehearing, the 20 calendar day period within which a | ||||||
14 | motion may be filed shall commence upon the delivery of the | ||||||
15 | transcript to the respondent. | ||||||
16 | Section 120. Appointment of a hearing officer. The | ||||||
17 | Secretary has the authority to appoint any attorney duly | ||||||
18 | licensed to practice law in the State of Illinois to serve as | ||||||
19 | the hearing officer in any action for refusal to issue or renew | ||||||
20 | a license, or to discipline a licensee. The hearing officer has | ||||||
21 | full authority to conduct the hearing. The hearing officer | ||||||
22 | shall report his findings and recommendations to the Board and | ||||||
23 | the Secretary. The Board has 60 calendar days from receipt of | ||||||
24 | the report to review the report of the hearing officer and | ||||||
25 | present its findings of fact, conclusions of law and |
| |||||||
| |||||||
1 | recommendations to the Secretary. | ||||||
2 | If the Board fails to present its report within the 60 | ||||||
3 | calendar day period, the respondent may request in writing a | ||||||
4 | direct appeal to the Secretary, in which case the Secretary | ||||||
5 | shall, within 7 calendar days after the request, issue an order | ||||||
6 | directing the Board to issue its findings of fact, conclusions | ||||||
7 | of law, and recommendations to the Secretary within 30 calendar | ||||||
8 | days after such order. | ||||||
9 | If the Board fails to issue its findings of fact, | ||||||
10 | conclusions of law, and recommendations within that time frame | ||||||
11 | to the Secretary after the entry of such order, the Secretary | ||||||
12 | shall, within 30 calendar days thereafter, issue an order based | ||||||
13 | upon the report of the hearing officer and the record of the | ||||||
14 | proceedings or issue an order remanding the matter back to the | ||||||
15 | hearing officer for additional proceedings in accordance with | ||||||
16 | the order. | ||||||
17 | If (i) a direct appeal is requested, (ii) the Board fails | ||||||
18 | to issue its findings of fact, conclusions of law, and | ||||||
19 | recommendations within the 30-day mandate from the Secretary or | ||||||
20 | the Secretary fails to order the Board to do so, and (iii) the | ||||||
21 | Secretary fails to issue an order within 30 calendar days | ||||||
22 | thereafter, then the hearing officer's report is deemed | ||||||
23 | accepted and a final decision of the Secretary. | ||||||
24 | Notwithstanding any other provision of this Section, if the | ||||||
25 | Secretary, upon review, determines that substantial justice | ||||||
26 | has not been done in the revocation, suspension, or refusal to |
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1 | issue or renew a license or other disciplinary action taken as | ||||||
2 | the result of the entry of the hearing officer's report, the | ||||||
3 | Secretary may order a rehearing by the same or other examiners. | ||||||
4 | If the Secretary disagrees with the recommendation of the Board | ||||||
5 | or the hearing officer, the Secretary may issue an order in | ||||||
6 | contravention of either recommendation.
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7 | Section 125. Order; certified copy. An order or a | ||||||
8 | certified copy thereof, over the seal of the Department and | ||||||
9 | purporting to be signed by the Secretary, shall be prima facie | ||||||
10 | proof: | ||||||
11 | (a) that the signature is the genuine signature of the | ||||||
12 | Secretary; | ||||||
13 | (b) that the Secretary is duly appointed and qualified; and | ||||||
14 | (c) that the Board and its members are qualified to act. | ||||||
15 | Section 130. Restoration of suspended or revoked license. | ||||||
16 | At any time after the successful completion of a term of | ||||||
17 | suspension or revocation of a license, the Department may | ||||||
18 | restore it to the licensee, upon the written recommendation of | ||||||
19 | the Board, unless after an investigation and a hearing the | ||||||
20 | Board determines that restoration is not in the public | ||||||
21 | interest. | ||||||
22 | Section 135. License surrender. Upon the revocation or | ||||||
23 | suspension of any license, the licensee shall immediately |
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1 | surrender the license or licenses to the Department. If the | ||||||
2 | licensee fails to do so, the Department has the right to seize | ||||||
3 | the license or licenses. | ||||||
4 | Section 140. Summary suspension. The Secretary may | ||||||
5 | summarily suspend a license without a hearing, simultaneously | ||||||
6 | with the institution of proceedings for a hearing provided for | ||||||
7 | in this Act, if the Secretary finds that evidence in his or her | ||||||
8 | possession indicates that a continuation in practice would | ||||||
9 | constitute an imminent danger to the public. In the event that | ||||||
10 | the Secretary summarily suspends a license without a hearing, a | ||||||
11 | hearing by the Department must be held within 30 calendar days | ||||||
12 | after the suspension has occurred. | ||||||
13 | Section 145. Judicial review. All final administrative | ||||||
14 | decisions of the Department are subject to judicial review | ||||||
15 | under the Administrative Review Law and its rules. The term | ||||||
16 | "administrative decision" is defined as in Section 3-101 of the | ||||||
17 | Code of Civil Procedure. Proceedings for judicial review shall | ||||||
18 | be commenced in the circuit court of the county in which the | ||||||
19 | party applying for review resides; but if the party is not a | ||||||
20 | resident of this State, the venue shall be in Sangamon County. | ||||||
21 | Section 150. Certification of records. The Department | ||||||
22 | shall not be required to certify any record to the Court or | ||||||
23 | file any answer in court or otherwise appear in any court in a |
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1 | judicial review proceeding, unless there is filed in the court, | ||||||
2 | with the complaint, a receipt from the Department acknowledging | ||||||
3 | payment of the costs of furnishing and certifying the record. | ||||||
4 | Failure on the part of the plaintiff to file such receipt in | ||||||
5 | Court shall be grounds for dismissal of the action. | ||||||
6 | Section 155. Violations; penalties. | ||||||
7 | (a) A person who violates any of the following provisions | ||||||
8 | shall be guilty of a Class A misdemeanor; a person who commits | ||||||
9 | a second or subsequent violation of these provisions is guilty | ||||||
10 | of a Class 4 felony: | ||||||
11 | (1) The practice of or attempted practice of or holding | ||||||
12 | out as available to practice as a community association | ||||||
13 | manager without a license. | ||||||
14 | (2) Operation of or attempt to operate a Community | ||||||
15 | Association Management Agency without an agency license. | ||||||
16 | (3) The obtaining of or the attempt to obtain any | ||||||
17 | license or authorization issued under this Act by | ||||||
18 | fraudulent misrepresentation. | ||||||
19 | (b) Whenever a licensee is convicted of a felony related to | ||||||
20 | the violations set forth in this Section, the clerk of the | ||||||
21 | court in any jurisdiction shall promptly report the conviction | ||||||
22 | to the Department and the Department shall immediately revoke | ||||||
23 | any license as a community association manager held by that | ||||||
24 | licensee. The individual shall not be eligible for licensure | ||||||
25 | under this Act until at least 10 years have elapsed since the |
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1 | time of full discharge from any sentence imposed for a felony | ||||||
2 | conviction. If any person in making any oath or affidavit | ||||||
3 | required by this Act swears falsely, the person is guilty of | ||||||
4 | perjury and may be punished accordingly. | ||||||
5 | Section 160. Illinois Administrative Procedure Act. The | ||||||
6 | Illinois Administrative Procedure Act is expressly adopted and | ||||||
7 | incorporated in this Act as if all of the provisions of that | ||||||
8 | Act were included in this Act, except that the provision of | ||||||
9 | paragraph (d) of Section 10-65 of the Illinois Administrative | ||||||
10 | Procedure Act, which provides that at hearings the license | ||||||
11 | holder has the right to show compliance with all lawful | ||||||
12 | requirements for retention, continuation or renewal of the | ||||||
13 | certificate, is specifically excluded. For the purpose of this | ||||||
14 | Act the notice required under Section 10?25 of the Illinois | ||||||
15 | Administrative Procedure Act is deemed sufficient when mailed | ||||||
16 | to the last known address of record maintained for a party by | ||||||
17 | the Department. | ||||||
18 | Section 165. Home rule. The regulation and licensing of | ||||||
19 | community association managers and Community Association | ||||||
20 | Management Agencies are exclusive powers and functions of the | ||||||
21 | State. A home rule unit may not regulate or license community | ||||||
22 | association managers and Community Association Management | ||||||
23 | Agencies. This Section is a denial and limitation of home rule | ||||||
24 | powers and functions under subsection (h) of Section 6 of |
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1 | Article VII of the Illinois Constitution. | ||||||
2 | Section 170. Enforcement.
The licensure requirements of | ||||||
3 | this Act shall not be enforced until 12 months after the | ||||||
4 | adoption of final administrative rules for this Act.
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5 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
6 | Section 4.30 as follows: | ||||||
7 | (5 ILCS 80/4.30 new) | ||||||
8 | Sec. 4.30. Act repealed on January 1, 2020. The following | ||||||
9 | Act is repealed on January 1, 2020: | ||||||
10 | The Community Association Manager Licensing and | ||||||
11 | Disciplinary Act. | ||||||
12 | Section 950. The State Finance Act is amended by adding | ||||||
13 | Section 5.719 as follows: | ||||||
14 | (30 ILCS 105/5.719 new) | ||||||
15 | Sec. 5.719. The Community Association Manager Licensing | ||||||
16 | and Disciplinary Fund. | ||||||
17 | Section 999. Effective date. This Act takes effect July 1, | ||||||
18 | 2010.".
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