HB1723 EngrossedLRB097 07139 CEL 47241 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Auction License Act is amended by changing
5Section 20-15 and by adding Section 20-105 as follows:
 
6    (225 ILCS 407/20-15)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 20-15. Disciplinary actions; grounds. The Department
9may refuse to issue or renew or a license, may revoke, suspend,
10place on probation or administrative supervision, suspend, or
11revoke any license or may reprimand, or take other disciplinary
12or non-disciplinary action as the Department may deem
13appropriate, including imposing fines proper, including the
14imposition of fines not to exceed $10,000 for each violation
15with regard to any license upon anyone licensed under this Act
16for any one or combination of the following reasons:
17        (1) False or fraudulent representation or material
18    misstatement in furnishing information to the Department
19    in obtaining or seeking to obtain a license.
20        (2) Violation of any provision of this Act or the rules
21    promulgated pursuant to this Act.
22        (3) Conviction by plea of guilty or nolo contendere,
23    finding of guilt, jury verdict, or entry of judgment or by

 

 

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1    sentencing of any crime, including, but not limited to,
2    convictions, preceding sentences of supervision,
3    conditional discharge, or first offender probation, under
4    the laws of any jurisdiction of the United States: (i) that
5    is a felony; or (ii) that is a misdemeanor, an essential
6    element of which is dishonesty, or that is directly related
7    to the practice of the profession. Conviction of or entry
8    of a plea of guilty or nolo contendere to any crime that is
9    a felony under the laws of the United States or any state
10    or territory thereof, or that is a misdemeanor, an
11    essential element of which is dishonesty, or any crime that
12    is directly related to the practice of the profession.
13        (4) Being adjudged to be a person under legal
14    disability or subject to involuntary admission or to meet
15    the standard for judicial admission as provided in the
16    Mental Health and Developmental Disabilities Code.
17        (5) Discipline of a licensee by another state, the
18    District of Columbia, a territory of the United States, a
19    foreign nation, a governmental agency, or any other entity
20    authorized to impose discipline if at least one of the
21    grounds for that discipline is the same as or the
22    equivalent to one of the grounds for discipline set forth
23    in this Act or for failing to report to the Department,
24    within 30 days, any adverse final action taken against the
25    licensee by any other licensing jurisdiction, government
26    agency, law enforcement agency, or court, or liability for

 

 

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1    conduct that would constitute grounds for action as set
2    forth in this Act.
3        (6) Engaging in the practice of auctioneering,
4    conducting an auction, or providing an auction service
5    without a license or after the license was expired,
6    revoked, suspended, or terminated or while the license was
7    inoperative.
8        (7) Attempting to subvert or cheat on the auctioneer
9    exam or any continuing education exam, or aiding or
10    abetting another to do the same.
11        (8) Directly or indirectly giving to or receiving from
12    a person, firm, corporation, partnership, or association a
13    fee, commission, rebate, or other form of compensation for
14    professional service not actually or personally rendered,
15    except that an auctioneer licensed under this Act may
16    receive a fee from another licensed auctioneer from this
17    State or jurisdiction for the referring of a client or
18    prospect for auction services to the licensed auctioneer.
19        (9) Making any substantial misrepresentation or
20    untruthful advertising.
21        (10) Making any false promises of a character likely to
22    influence, persuade, or induce.
23        (11) Pursuing a continued and flagrant course of
24    misrepresentation or the making of false promises through a
25    licensee, agent, employee, advertising, or otherwise.
26        (12) Any misleading or untruthful advertising, or

 

 

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1    using any trade name or insignia of membership in any
2    auctioneer association or organization of which the
3    licensee is not a member.
4        (13) Commingling funds of others with his or her own
5    funds or failing to keep the funds of others in an escrow
6    or trustee account.
7        (14) Failure to account for, remit, or return any
8    moneys, property, or documents coming into his or her
9    possession that belong to others, acquired through the
10    practice of auctioneering, conducting an auction, or
11    providing an auction service within 30 days of the written
12    request from the owner of said moneys, property, or
13    documents.
14        (15) Failure to maintain and deposit into a special
15    account, separate and apart from any personal or other
16    business accounts, all moneys belonging to others
17    entrusted to a licensee while acting as an auctioneer,
18    associate auctioneer, auction firm, or as a temporary
19    custodian of the funds of others.
20        (16) Failure to make available to Department personnel
21    during normal business hours all escrow and trustee records
22    and related documents maintained in connection with the
23    practice of auctioneering, conducting an auction, or
24    providing an auction service within 24 hours after a
25    request from Department personnel.
26        (17) Making or filing false records or reports in his

 

 

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1    or her practice, including but not limited to false records
2    or reports filed with State agencies.
3        (18) Failing to voluntarily furnish copies of all
4    written instruments prepared by the auctioneer and signed
5    by all parties to all parties at the time of execution.
6        (19) Failing to provide information within 30 days in
7    response to a written request made by the Department.
8        (20) Engaging in any act that constitutes a violation
9    of Section 2-102, 3-103, or 3-105 of the Illinois Human
10    Rights Act.
11        (21) (Blank).
12        (22) Engaging in dishonorable, unethical, or
13    unprofessional conduct of a character likely to deceive,
14    defraud, or harm the public.
15        (23) Offering or advertising real estate for sale or
16    lease at auction without a valid broker or salesperson's
17    license under the Real Estate License Act of 1983, or any
18    successor Act, unless exempt from licensure under the terms
19    of the Real Estate License Act of 2000, or any successor
20    Act.
21        (24) Inability to practice the profession with
22    reasonable judgement, skill, or safety as a result of a
23    physical illness, including, but not limited to,
24    deterioration through the aging process or loss of motor
25    skill, or a mental illness or disability.
26        (25) A pattern of practice or other behavior that

 

 

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1    demonstrates incapacity or incompetence to practice under
2    this Act.
3        (26) Being named as a perpetrator in an indicated
4    report by the Department of Children and Family Services
5    under the Abused and Neglected Child Reporting Act and upon
6    proof by clear and convincing evidence that the licensee
7    has caused a child to be an abused child or a neglected
8    child as defined in the Abused and Neglected Child
9    Reporting Act.
10        (27) Inability to practice with reasonable judgement,
11    skill, or safety as a result of habitual or excessive use
12    or addiction to alcohol, narcotics, stimulants, or any
13    other chemical agent or drug.
14        (28) Wilfully failing to report an instance of
15    suspected child abuse or neglect as required by the Abused
16    and Neglected Child Reporting Act.
17    The entry of an order by a circuit court establishing that
18any person holding a license under this Act is subject to
19involuntary admission or judicial admission, as provided for in
20the Mental Health and Developmental Disabilities Code,
21operates as an automatic suspension of that license. That
22person may have his or her license restored only upon the
23determination by a circuit court that the patient is no longer
24subject to involuntary admission or judicial admission and the
25issuance of an order so finding and discharging the patient and
26upon the Board's recommendation to the Department that the

 

 

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1license be restored. Where circumstances so indicate, the Board
2may recommend to the Department that it require an examination
3prior to restoring a suspended license.
4    If the Department or Board finds an individual unable to
5practice because of the reasons set forth in this Section, the
6Department or Board may require that individual to submit to
7care, counseling, or treatment by physicians approved or
8designated by the Department or Board, as a condition, term, or
9restriction for continued, reinstated, or renewed licensure to
10practice; or, in lieu of care, counseling, or treatment, the
11Department may file, or the Board may recommend to the
12Department to file, a complaint to immediately suspend, revoke,
13or otherwise discipline the license of the individual. An
14individual whose license was granted, continued, reinstated,
15renewed, disciplined or supervised subject to such terms,
16conditions, or restrictions, and who fails to comply with such
17terms, conditions, or restrictions, shall be referred to the
18Secretary for a determination as to whether the individual
19shall have his or her license suspended immediately, pending a
20hearing by the Department. In instances in which the Secretary
21immediately suspends a person's license under this Section, a
22hearing on that person's license must be convened by the
23Department within 21 days after the suspension and completed
24without appreciable delay. The Department and Board shall have
25the authority to review the subject individual's record of
26treatment and counseling regarding the impairment to the extent

 

 

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1permitted by applicable federal statutes and regulations
2safeguarding the confidentiality of medical records.
3    An individual licensed under this Act and affected under
4this Section shall be afforded an opportunity to demonstrate to
5the Department or Board that he or she can resume practice in
6compliance with acceptable and prevailing standards under the
7provisions of his or her license.
8    In enforcing this Section, the Department or Board, upon a
9showing of a possible violation, may compel an individual
10licensed to practice under this Act, or who has applied for
11licensure under this Act, to submit to a mental or physical
12examination, or both, as required by and at the expense of the
13Department. The Department or Board may order the examining
14physician to present testimony concerning the mental or
15physical examination of the licensee or applicant. No
16information shall be excluded by reason of any common law or
17statutory privilege relating to communications between the
18licensee or applicant and the examining physician. The
19examining physicians shall be specifically designated by the
20Board or Department. The individual to be examined may have, at
21his or her own expense, another physician of his or her choice
22present during all aspects of this examination. Failure of an
23individual to submit to a mental or physical examination when
24directed shall be grounds for suspension of his or her license
25until the individual submits to the examination, if the
26Department finds that, after notice and hearing, the refusal to

 

 

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1submit to the examination was without reasonable cause.
2(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
 
3    (225 ILCS 407/20-105 new)
4    Sec. 20-105. Confidentiality. All information collected by
5the Department in the course of an examination or investigation
6of a licensee or applicant, including, but not limited to, any
7complaint against a licensee filed with the Department and
8information collected to investigate any such complaint, shall
9be maintained for the confidential use of the Department and
10shall not be disclosed. The Department may not disclose the
11information to anyone other than law enforcement officials,
12other regulatory agencies that have an appropriate regulatory
13interest as determined by the Secretary, or to a party
14presenting a lawful subpoena to the Department. Information and
15documents disclosed to a federal, State, county, or local law
16enforcement agency shall not be disclosed by the agency for any
17purpose to any other agency or person. A formal complaint filed
18against a licensee by the Department or any order issued by the
19Department against a licensee or applicant shall be a public
20record, except as otherwise prohibited by law.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.