Illinois General Assembly - Full Text of HB5067
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Full Text of HB5067  95th General Assembly

HB5067eng 95TH GENERAL ASSEMBLY



 


 
HB5067 Engrossed LRB095 17131 RAS 43186 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Real Estate Appraiser Licensing Act of 2002
5 is amended by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20,
6 5-25, 5-30, 5-35, 5-40, 5-45, 5-55, 10-5, 10-10, 10-20, 15-5,
7 15-10, 15-15, 15-20, 15-30, 15-35, 15-40, 15-45, 15-50, 15-55,
8 15-60, 20-5, 20-10, 25-5, 25-10, 25-15, 25-20, 25-25, and 30-10
9 and by adding Sections 5-20.5, 5-21, 15-17, and 15-18 as
10 follows:
 
11     (225 ILCS 458/1-10)
12     (Section scheduled to be repealed on January 1, 2012)
13     Sec. 1-10. Definitions. As used in this Act, unless the
14 context otherwise requires:
15     "Accredited college or university, junior college, or
16 community college" means a college or university, junior
17 college, or community college that is approved or accredited by
18 the Board of Higher Education, a regional or national
19 accreditation association, or by an accrediting agency that is
20 recognized by the U.S. Secretary of Education.
21     "Applicant" means person who applies to the Department OBRE
22 for a license under this Act.
23     "Appraisal" means (noun) the act or process of developing

 

 

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1 an opinion of value; an opinion of value (adjective) of or
2 pertaining to appraising and related functions, such as
3 appraisal practice or appraisal services.
4     "Appraisal assignment" means a valuation service provided
5 as a consequence of an agreement between an appraiser and a
6 client.
7     "Appraisal consulting" means the act or process of
8 developing an analysis, recommendation, or opinion to solve a
9 problem, where an opinion of value is a component of the
10 analysis leading to the assignment results.
11     "Appraisal practice" means valuation services performed by
12 an individual acting as an appraiser, including, but not
13 limited to, appraisal, appraisal review, or appraisal
14 consulting.
15     "Appraisal report" means any communication, written or
16 oral, of an appraisal, appraisal review, or appraisal
17 consulting service that is transmitted to a client upon
18 completion of an assignment a written appraisal by an appraiser
19 to a client.
20     "Appraisal review" means the act or process of developing
21 and communicating an opinion about the quality of another
22 appraiser's work that was performed as part of an appraisal,
23 appraisal review, or appraisal assignment.
24     "Appraisal Subcommittee" means the Appraisal Subcommittee
25 of the Federal Financial Institutions Examination Council as
26 established by Title XI.

 

 

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1     "Appraiser" means a person who performs real estate or real
2 property appraisals.
3     "AQB" means the Appraisal Qualifications Board of the
4 Appraisal Foundation.
5     "Associate real estate trainee appraiser" means an
6 entry-level appraiser who holds a license of this
7 classification under this Act and applies to the appraisal of
8 non-complex property having a transaction value less than
9 $1,000,000, but with restrictions as to the scope of practice
10 in accordance with this Act.
11     "Board" means the Real Estate Appraisal Administration and
12 Disciplinary Board.
13     "Classroom hour" means 50 minutes of instruction out of
14 each 60 minute segment of coursework.
15     "Client" means the party or parties who engage an appraiser
16 by employment or contract in a specific assignment a person who
17 utilizes the services of an appraiser or engages an appraiser
18 for an appraisal by employment or contract.
19     "Commissioner" means the Commissioner of the Office of
20 Banks and Real Estate or his or her designee.
21     "Coordinator" means the Coordinator of Real Estate
22 Appraisal of the Division of Professional Regulation of the
23 Department of Financial and Professional Regulation.
24     "Director" means the Director of the Real Estate Appraisal
25 Division of OBRE or his or her designee.
26     "Department" means the Department of Financial and

 

 

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1 Professional Regulation.
2     "Federal financial institutions regulatory agencies" means
3 the Board of Governors of the Federal Reserve System, the
4 Federal Deposit Insurance Corporation, the Office of the
5 Comptroller of the Currency, the Office of Thrift Supervision,
6 and the National Credit Union Administration.
7     "Federally related transaction" means any real
8 estate-related financial transaction in which a federal
9 financial institutions regulatory agency, the Department of
10 Housing and Urban Development, Fannie Mae, Freddie Mae, or the
11 National Credit Union Administration engages in, contracts
12 for, or regulates and requires the services of an appraiser.
13     "Financial institution" means any bank, savings bank,
14 savings and loan association, credit union, mortgage broker,
15 mortgage banker, licensee under the Consumer Installment Loan
16 Act or the Sales Finance Agency Act, or a corporate fiduciary,
17 subsidiary, affiliate, parent company, or holding company of
18 any such licensee, or any institution involved in real estate
19 financing that is regulated by state or federal law.
20     "Modular Course" means the Appraisal Qualifying Course
21 Design conforming to the Sub Topics Course Outline contained in
22 the AQB Criteria 2008.
23     "OBRE" means the Office of Banks and Real Estate.
24     "Real estate" means an identified parcel or tract of land,
25 including any improvements.
26     "Real estate related financial transaction" means any

 

 

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1 transaction involving:
2         (1) the sale, lease, purchase, investment in, or
3     exchange of real property, including interests in property
4     or the financing thereof;
5         (2) the refinancing of real property or interests in
6     real property; and
7         (3) the use of real property or interest in property as
8     security for a loan or investment, including mortgage
9     backed securities.
10     "Real property" means the interests, benefits, and rights
11 inherent in the ownership of real estate.
12     "Secretary" means the Secretary of Financial and
13 Professional Regulation.
14     "State certified general real estate appraiser" means an
15 appraiser who holds a license of this classification under this
16 Act and such classification applies to the appraisal of all
17 types of real property without restrictions as to the scope of
18 practice.
19     "State certified residential real estate appraiser" means
20 an appraiser who holds a license of this classification under
21 this Act and such classification applies to the appraisal of
22 one to 4 units of residential real property without regard to
23 transaction value or complexity, but with restrictions as to
24 the scope of practice in a federally related transaction in
25 accordance with Title XI, the provisions of USPAP, criteria
26 established by the AQB, and further defined by rule.

 

 

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1     "Supervising appraiser" means either (i) an appraiser who
2 holds a valid license under this Act as either a State
3 certified general real estate appraiser or a State certified
4 residential real estate appraiser, who co-signs an appraisal
5 report for an associate real estate trainee appraiser or (ii) a
6 State certified general real estate appraiser who holds a valid
7 license under this Act who co-signs an appraisal report for a
8 State certified residential real estate appraiser on
9 properties other than one to 4 units of residential real
10 property without regard to transaction value or complexity.
11     "State licensed real estate appraiser" means an appraiser
12 who holds a real estate appraiser license issued pursuant to a
13 predecessor Act. A real estate appraiser license authorizes its
14 holder to conduct the appraisal of non-complex one to 4 units
15 of residential real property having a transaction value less
16 than $1,000,000 and complex one to 4 residential units of real
17 property having a value less than $250,000, but with
18 restrictions as to the scope of practice in accordance with
19 Title XI, criteria established by USPAP, by the AQB, by this
20 Act, and by rule. No such initial license shall be issued after
21 the effective date of this Act or renewed after September 30,
22 2003 under this Act.
23     "Title XI" means Title XI of the federal Financial
24 Institutions Reform, Recovery and Enforcement Act of 1989.
25     "USPAP" means the Uniform Standards of Professional
26 Appraisal Practice as promulgated by the Appraisal Standards

 

 

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1 Board pursuant to Title XI and by rule.
2     "Valuation services" means services pertaining to aspects
3 of property value.
4 (Source: P.A. 92-180, eff. 7-1-02.)
 
5     (225 ILCS 458/5-5)
6     (Section scheduled to be repealed on January 1, 2012)
7     Sec. 5-5. Necessity of license; use of title; exemptions.
8     (a) It Beginning July 1, 2002, it is unlawful for a person
9 to (i) act, offer services, or advertise services or assume to
10 act as a State certified general real estate appraiser, State
11 certified residential real estate appraiser, or associate real
12 estate trainee appraiser to engage in the business of real
13 estate appraisal, (ii) to develop a real estate appraisal,
14 (iii) to practice as a real estate appraiser, (iv) or to
15 advertise or hold himself or herself out to be a real estate
16 appraiser, or (v) solicit clients or enter into an appraisal
17 engagement with clients in connection with a federally related
18 transaction without a real estate appraiser license issued
19 under this Act. A person who violates this subsection is guilty
20 of a Class A misdemeanor for a first offense and a Class 4
21 felony for any subsequent offense.
22     (b) It Beginning July 1, 2002, it is unlawful for a person,
23 other than a person who holds a valid license issued pursuant
24 to this Act as a State certified general real estate appraiser,
25 a State certified residential real estate appraiser, or an

 

 

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1 associate real estate trainee appraiser, or as a State licensed
2 real estate appraiser issued pursuant to a predecessor Act to
3 use these titles or any other title, designation, or
4 abbreviation likely to create the impression that the person is
5 licensed as a real estate appraiser pursuant to this Act. A
6 person who violates this subsection is guilty of a Class A
7 misdemeanor for a first offense and a Class 4 felony for any
8 subsequent offense.
9     (c) The licensing requirements of this Act do not require a
10 person real estate broker or salesperson who holds a valid
11 license pursuant to the Real Estate License Act of 2000, to be
12 licensed as a real estate appraiser under this Act, unless that
13 person the broker or salesperson is providing or attempting to
14 provide an appraisal report, as defined in Section 1-10 of this
15 Act, in connection with a federally-related transaction.
16 Nothing in this Act shall prohibit a person who holds a valid
17 license under the Real Estate License Act of 2000 from
18 performing a comparative market analysis or broker price
19 opinion for compensation, provided that the person does not
20 hold himself out as being a licensed real estate appraiser.
21     (d) Nothing in this Act shall preclude a State certified
22 general real estate appraiser, a State certified residential
23 real estate appraiser, or an associate real estate trainee
24 appraiser from rendering appraisals for or on behalf of a
25 partnership, association, corporation, firm, or group.
26 However, no State appraisal license or certification shall be

 

 

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1 issued under this Act to a partnership, association,
2 corporation, firm, or group.
3     (e) This Act does not apply to a county assessor, township
4 assessor, multi-township assessor, county supervisor of
5 assessments, or any deputy or employee of any county assessor,
6 township assessor, multi-township assessor, or county
7 supervisor of assessments who is performing his or her
8 respective duties in accordance with the provisions of the
9 Property Tax Code.
10     (f) A State real estate appraisal certification or license
11 is not required under this Act for any of the following:
12         (1) A person, partnership, association, or corporation
13     that performs appraisals of property owned by that person,
14     partnership, association, or corporation for the sole use
15     of that person, partnership, association, or corporation.
16         (2) A court-appointed commissioner who conducts an
17     appraisal pursuant to a judicially ordered evaluation of
18     property.
19 However, any person who is certified or licensed under this Act
20 and who performs any of the activities set forth in this
21 subsection (f) must comply with the provisions of this Act. A
22 person who violates this subsection (f) is guilty of a Class A
23 misdemeanor for a first offense and a Class 4 felony for any
24 subsequent offense.
25     (g) This Act does not apply to an employee, officer,
26 director, or member of a credit or loan committee of a

 

 

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1 financial institution or any other person engaged by a
2 financial institution when performing an evaluation of real
3 property for the sole use of the financial institution in a
4 transaction for which the financial institution would not be
5 required to use the services of a State licensed or State
6 certified appraiser pursuant to federal regulations adopted
7 under Title XI of the federal Financial Institutions Reform,
8 Recovery, and Enforcement Act of 1989, nor does this Act apply
9 to the procurement of an automated valuation model.
10     "Automated valuation model" means an automated system that
11 is used to derive a property value through the use of publicly
12 available property records and various analytic methodologies
13 such as comparable sales prices, home characteristics, and
14 historical home price appreciations.
15     For the purposes of this subsection, "brokerage service"
16 means the activity of offering, negotiating, buying, listing,
17 selling, or leasing real estate or procuring or referring
18 prospects intended to result in the listing, sale, purchase,
19 lease, or exchange of real estate for another and for
20 compensation.
21 (Source: P.A. 92-180, eff. 7-1-02.)
 
22     (225 ILCS 458/5-10)
23     (Section scheduled to be repealed on January 1, 2012)
24     Sec. 5-10. Application for State certified general real
25 estate appraiser.

 

 

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1     (a) Every person who desires to obtain a State certified
2 general real estate appraiser license shall:
3     (1) apply to the Department OBRE on forms provided by the
4 Department OBRE accompanied by the required fee;
5     (2) be at least 18 years of age;
6     (3) (blank); provide evidence of having attained a high
7 school diploma or completed an equivalent course of study as
8 determined by an examination conducted or accepted by the
9 Illinois State Board of Education;
10     (4) personally take and pass an examination authorized by
11 the Department OBRE and endorsed by the AQB;
12     (5) prior to taking the examination, provide evidence to
13 the Department, in Modular Course format, with each module
14 conforming to the Real Property Appraiser Qualification
15 Criteria established and adopted by the AQB, OBRE that he or
16 she has successfully completed the prerequisite classroom
17 hours of instruction in appraising as established by the AQB
18 and by rule; and
19     (6) prior to taking the examination, provide evidence to
20 the Department OBRE that he or she has successfully completed
21 the prerequisite experience requirements in appraising as
22 established by AQB and by rule.
23     (b) Applicants must provide evidence to the Department of
24 (i) holding a Bachelor's degree or higher from an accredited
25 college or university or (ii) successfully passing 30 semester
26 credit hours or the equivalent from an accredited college or

 

 

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1 university, junior college, or community college in the
2 following subjects:
3         (1) English composition;
4         (2) micro economics;
5         (3) macro economics;
6         (4) finance;
7         (5) algebra, geometry, or higher mathematics;
8         (6) statistics;
9         (7) introduction to computers-word processing and
10     spreadsheets;
11         (8) business or real estate law; and
12         (9) two elective courses in accounting, geography,
13     agricultural economics, business management, or real
14     estate.
15     If an accredited college or university accepts the
16 College-Level Examination Program (CLEP) examinations and
17 issues a transcript for the exam showing its approval, it will
18 be considered credit for the college course for the purposes of
19 meeting the requirements of this subsection (c).
20     (c) Notwithstanding any other rulemaking authority that
21 may exist, neither the Governor nor any agency or agency head
22 under the jurisdiction of the Governor has any authority to
23 make or promulgate rules to implement or enforce the provisions
24 of this amendatory Act of the 95th General Assembly. If,
25 however, the Governor believes that rules are necessary to
26 implement or enforce the provisions of this amendatory Act of

 

 

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1 the 95th General Assembly, the Governor may suggest rules to
2 the General Assembly by filing them with the Clerk of the House
3 and the Secretary of the Senate and by requesting that the
4 General Assembly authorize such rulemaking by law, enact those
5 suggested rules into law, or take any other appropriate action
6 in the General Assembly's discretion. Nothing contained in this
7 amendatory Act of the 95th General Assembly shall be
8 interpreted to grant rulemaking authority under any other
9 Illinois statute where such authority is not otherwise
10 explicitly given. For the purposes of this amendatory Act of
11 the 95th General Assembly, "rules" is given the meaning
12 contained in Section 1-70 of the Illinois Administrative
13 Procedure Act, and "agency" and "agency head" are given the
14 meanings contained in Sections 1-20 and 1-25 of the Illinois
15 Administrative Procedure Act to the extent that such
16 definitions apply to agencies or agency heads under the
17 jurisdiction of the Governor.
18 (Source: P.A. 92-180, eff. 7-1-02.)
 
19     (225 ILCS 458/5-15)
20     (Section scheduled to be repealed on January 1, 2012)
21     Sec. 5-15. Application for State certified residential
22 real estate appraiser.
23     (a) Every person who desires to obtain a State certified
24 residential real estate appraiser license shall:
25         (1) apply to the Department OBRE on forms provided by

 

 

HB5067 Engrossed - 14 - LRB095 17131 RAS 43186 b

1     the Department OBRE accompanied by the required fee;
2         (2) be at least 18 years of age;
3         (3) (blank); provide evidence of having attained a high
4     school diploma or completed an equivalent course of study
5     as determined by an examination conducted or accepted by
6     the Illinois State Board of Education;
7         (4) personally take and pass an examination authorized
8     by the Department OBRE and endorsed by the AQB;
9         (5) prior to taking the examination, provide evidence
10     to the Department, in Modular Course format, with each
11     module conforming to the Real Property Appraiser
12     Qualification Criteria established and adopted by the AQB,
13     OBRE that he or she has successfully completed the
14     prerequisite classroom hours of instruction in appraising
15     as established by the AQB and by rule; and
16         (6) prior to taking the examination, provide evidence
17     to the Department OBRE that he or she has successfully
18     completed the prerequisite experience requirements as
19     established by AQB and by rule.
20     (b) Applicants must provide evidence to the Department of
21 (i) holding an Associate's degree or its equivalent from an
22 accredited college or university, junior college, or community
23 college or (ii) successfully passing 21 semester credit hours
24 or the equivalent from an accredited college or university,
25 junior college, or community college in the following subjects:
26         (1) English composition;

 

 

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1         (2) principals of economics (micro or macro);
2         (3) finance;
3         (4) algebra, geometry, or higher mathematics;
4         (5) statistics;
5         (6) introduction to computers-word processing and
6     spreadsheets; and
7         (7) business or real estate law.
8     If an accredited college or university accepts the
9 College-Level Examination Program (CLEP) examinations and
10 issues a transcript for the exam showing its approval, it will
11 be considered credit for the college course for the purposes of
12 the requirements of this subsection (b).
13     (c) Notwithstanding any other rulemaking authority that
14 may exist, neither the Governor nor any agency or agency head
15 under the jurisdiction of the Governor has any authority to
16 make or promulgate rules to implement or enforce the provisions
17 of this amendatory Act of the 95th General Assembly. If,
18 however, the Governor believes that rules are necessary to
19 implement or enforce the provisions of this amendatory Act of
20 the 95th General Assembly, the Governor may suggest rules to
21 the General Assembly by filing them with the Clerk of the House
22 and the Secretary of the Senate and by requesting that the
23 General Assembly authorize such rulemaking by law, enact those
24 suggested rules into law, or take any other appropriate action
25 in the General Assembly's discretion. Nothing contained in this
26 amendatory Act of the 95th General Assembly shall be

 

 

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1 interpreted to grant rulemaking authority under any other
2 Illinois statute where such authority is not otherwise
3 explicitly given. For the purposes of this amendatory Act of
4 the 95th General Assembly, "rules" is given the meaning
5 contained in Section 1-70 of the Illinois Administrative
6 Procedure Act, and "agency" and "agency head" are given the
7 meanings contained in Sections 1-20 and 1-25 of the Illinois
8 Administrative Procedure Act to the extent that such
9 definitions apply to agencies or agency heads under the
10 jurisdiction of the Governor.
11 (Source: P.A. 92-180, eff. 7-1-02.)
 
12     (225 ILCS 458/5-20)
13     (Section scheduled to be repealed on January 1, 2012)
14     Sec. 5-20. Application for associate real estate trainee
15 appraiser. (a) Every person who desires to obtain an associate
16 real estate trainee appraiser license shall:
17         (1) apply to the Department OBRE on forms provided by
18     the Department OBRE accompanied by the required fee;
19         (2) be at least 18 years of age;
20         (3) provide evidence of having attained a high school
21     diploma or completed an equivalent course of study as
22     determined by an examination conducted or accepted by the
23     Illinois State Board of Education;
24         (4) personally take and pass an examination authorized
25     by the Department OBRE and endorsed by the AQB; and

 

 

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1         (5) prior to taking the examination, provide evidence
2     to the Department OBRE that he or she has successfully
3     completed the prerequisite classroom hours of instruction
4     in appraising as established by rule.
5     (b) A person who holds a valid license as a licensed real
6 estate appraiser, issued pursuant to a predecessor Act, may
7 convert that license to an associate real estate appraiser
8 license by making application to OBRE on forms provided by OBRE
9 accompanied by the required fee.
10 (Source: P.A. 92-180, eff. 7-1-02.)
 
11     (225 ILCS 458/5-20.5 new)
12     Sec. 5-20.5. Duration of application. Applicants have 3
13 years from the date of application to complete the application
14 process. If the process has not been completed within 3 years,
15 the application shall be denied, the fee shall be forfeited,
16 and the applicant must reapply and meet the requirements in
17 effect at the time of reapplication.
 
18     (225 ILCS 458/5-21 new)
19     (Section scheduled to be repealed on January 1, 2012)
20     Sec. 5-21. Change of address notification. Any individual
21 licensed under this Act must inform the Department of any
22 change of address in a manner and within the amount of time
23 determined by the Department.
 

 

 

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1     (225 ILCS 458/5-25)
2     (Section scheduled to be repealed on January 1, 2012)
3     Sec. 5-25. Renewal of license.
4     (a) The expiration date and renewal period for a State
5 certified general real estate appraiser license or a State
6 certified residential real estate appraiser license issued
7 under this Act shall be set by rule. Except as otherwise
8 provided in subsections (b) and (f) of this Section, the holder
9 of a license may renew the license within 90 days preceding the
10 expiration date by:
11         (1) completing and submitting to the Department OBRE a
12     renewal application form as provided by the Department
13     OBRE;
14         (2) paying the required fees; and
15         (3) providing evidence of successful completion of the
16     continuing education requirements through courses approved
17     by the Department OBRE from education providers licensed by
18     the Department OBRE, as established by the AQB and by rule.
19     (b) A State certified general real estate appraiser or
20 State certified residential real estate appraiser whose
21 license under this Act has expired may renew the license for a
22 period of 2 years following the expiration date by complying
23 with the requirements of paragraphs (1), (2), and (3) of
24 subsection (a) of this Section and paying any late penalties
25 established by rule.
26     (c) (Blank). A State licensed real estate appraiser's

 

 

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1 license issued pursuant to a predecessor Act shall continue in
2 effect until the earlier of its expiration date or September
3 30, 2003. The holder of such a license may not renew the
4 license for any period after September 30, 2003, but may
5 convert the license to an associate real estate appraiser
6 license under this Act until September 30, 2003 pursuant to
7 subsection (b) of Section 5-20 of this Act.
8     (d) The expiration date and renewal period for an associate
9 real estate trainee appraiser license issued under this Act
10 shall be set by rule. Except as otherwise provided in
11 subsections (e) and (f) of this Section, the holder of an
12 associate real estate appraiser license may renew the license
13 within 90 days preceding the expiration date by:
14         (1) completing and submitting to the Department OBRE a
15     renewal application form as provided by the Department
16     OBRE;
17         (2) paying the required fees; and
18         (3) providing evidence of successful completion of the
19     continuing education requirements through courses approved
20     by the Department OBRE from education providers approved by
21     the Department OBRE, as established by rule.
22     (e) Any associate real estate appraiser trainee whose
23 license under this Act has expired may renew the license for a
24 period of 2 years following the expiration date by complying
25 with the requirements of paragraphs (1), (2), and (3) of
26 subsection (d) of this Section and paying any late penalties as

 

 

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1 established by rule. An associate real estate trainee appraiser
2 license may not be renewed more than 2 times.
3     (f) Notwithstanding subsections (c) and (e), an appraiser
4 whose license under this Act has expired may renew or convert
5 the license without paying any lapsed renewal fees or late
6 penalties if the license expired while the appraiser was:
7         (1) on active duty with the United States Armed
8     Services;
9         (2) serving as the Coordinator Director of Real Estate
10     Appraisal or an employee of the Department OBRE who was
11     required to surrender his or her license during the term of
12     employment.
13     Application for renewal must be made within 2 years
14 following the termination of the military service or related
15 education, training, or employment. The licensee shall furnish
16 the Department OBRE with an affidavit that he or she was so
17 engaged.
18     (g) The Department OBRE shall provide reasonable care and
19 due diligence to ensure that each licensee under this Act is
20 provided with a renewal application at least 90 days prior to
21 the expiration date, but each licensee is responsible to timely
22 renew or convert his or her license prior to its expiration
23 date.
24 (Source: P.A. 92-180, eff. 7-1-02.)
 
25     (225 ILCS 458/5-30)

 

 

HB5067 Engrossed - 21 - LRB095 17131 RAS 43186 b

1     (Section scheduled to be repealed on January 1, 2012)
2     Sec. 5-30. Endorsement Reciprocity; consent to
3 jurisdiction. The Department may issue an (a) A nonresident who
4 holds a valid appraiser license, without the required
5 examination, to an applicant licensed by another issued to him
6 or her by the proper licensing authority of a state, territory,
7 possession of the United States, or the District of Columbia,
8 if (i) the that has licensing requirements of that licensing
9 authority are, on the date of licensure, substantially equal to
10 or substantially equivalent to the requirements set forth under
11 this Act or to a person who, at the time of his or her
12 application, possessed individual qualifications that were
13 substantially equivalent to the requirements of this Act or
14 (ii) of the State of Illinois and otherwise meets the
15 requirements for licensure may obtain a license without
16 examination, provided that: (1) OBRE has entered into a valid
17 reciprocal agreement with the proper licensing authority of the
18 state, territory, or possession of the United States, or the
19 District of Columbia; (2) the applicant provides the Department
20 OBRE with evidence a certificate of good standing from the
21 licensing authority of the applicant's place of residence or by
22 an Appraisal Subcommittee National Registry registry history
23 report. An applicant under this Section shall pay all of the
24 required fees. ; (3) the applicant completes and submits an
25 application as provided by OBRE and the applicant pays all
26 applicable fees required under this Act.

 

 

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1     (b) A nonresident applicant shall file an irrevocable
2 consent with OBRE authorizing that actions may be commenced
3 against the applicant or nonresident licensee in a court of
4 competent jurisdiction in the State of Illinois by the service
5 of summons, process, or other pleading authorized by law upon
6 the Commissioner. The consent shall stipulate and agree that
7 service of the summons, process, or pleading upon the
8 Commissioner shall be taken and held in all courts to be valid
9 and binding as if actual service had been made upon the
10 nonresident licensee in Illinois. If a summons, process, or
11 other pleading is served upon the Commissioner, it shall be by
12 duplicate copies, one of which shall be retained by OBRE and
13 the other of which shall be immediately forwarded by certified
14 or registered mail to the last known address of the nonresident
15 licensee against whom the summons, process, or other pleading
16 may be directed.
17 (Source: P.A. 92-180, eff. 7-1-02.)
 
18     (225 ILCS 458/5-35)
19     (Section scheduled to be repealed on January 1, 2012)
20     Sec. 5-35. Pre-license education requirements.
21     (a) The prerequisite classroom hours necessary for a person
22 to be approved to sit for the examination for licensure as a
23 State certified general real estate appraiser or a State
24 certified residential real estate appraiser shall be in
25 accordance with AQB criteria and established by rule.

 

 

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1     (b) The prerequisite classroom hours necessary for a person
2 to sit for the examination for licensure as an associate real
3 estate trainee appraiser shall be established by rule.
4 (Source: P.A. 92-180, eff. 7-1-02.)
 
5     (225 ILCS 458/5-40)
6     (Section scheduled to be repealed on January 1, 2012)
7     Sec. 5-40. Pre-license experience requirements. The
8 prerequisite experience necessary for a person to be approved
9 to sit for the examination for licensure as a State certified
10 general real estate appraiser or a State certified residential
11 real estate appraiser shall be in accordance with AQB criteria
12 and established by rule.
13 (Source: P.A. 92-180, eff. 7-1-02.)
 
14     (225 ILCS 458/5-45)
15     (Section scheduled to be repealed on January 1, 2012)
16     Sec. 5-45. Continuing education renewal requirements.
17     (a) The continuing education requirements for a person to
18 renew a license as a State certified general real estate
19 appraiser or a State certified residential real estate
20 appraiser shall be in accordance with AQB criteria and
21 established by rule.
22     (b) The continuing education requirements for a person to
23 renew a license as an associate real estate trainee appraiser
24 shall be established by rule.

 

 

HB5067 Engrossed - 24 - LRB095 17131 RAS 43186 b

1 (Source: P.A. 92-180, eff. 7-1-02.)
 
2     (225 ILCS 458/5-55)
3     (Section scheduled to be repealed on January 1, 2012)
4     Sec. 5-55. Fees. The Department OBRE shall establish rules
5 for fees to be paid by applicants and licensees to cover the
6 reasonable costs of the Department OBRE in administering and
7 enforcing the provisions of this Act. The Department OBRE may
8 also establish rules for general fees to cover the reasonable
9 expenses of carrying out other functions and responsibilities
10 under this Act.
11 (Source: P.A. 92-180, eff. 7-1-02.)
 
12     (225 ILCS 458/10-5)
13     (Section scheduled to be repealed on January 1, 2012)
14     Sec. 10-5. Scope of practice.
15     (a) This Act does not limit a State certified general real
16 estate appraiser in his or her scope of practice in a federally
17 related transaction. A certified general real estate appraiser
18 may independently provide appraisal services, review, or
19 consulting relating to any type of property for which he or she
20 has experience or and is competent. All such appraisal practice
21 must be made in accordance with the provisions of USPAP,
22 criteria established by the AQB, and rules adopted pursuant to
23 this Act.
24     (b) A State certified residential real estate appraiser is

 

 

HB5067 Engrossed - 25 - LRB095 17131 RAS 43186 b

1 limited in his or her scope of practice in a federally related
2 transaction as provided by Title XI, the provisions of USPAP,
3 criteria established by the AQB, and the rules adopted pursuant
4 to this Act.
5     (c) A State certified residential real estate appraiser
6 must have a State certified general real estate appraiser who
7 holds a valid license under this Act co-sign all appraisal
8 reports on properties other than one to 4 units of residential
9 real property without regard to transaction value or
10 complexity. A State licensed real estate appraiser is limited
11 in his or her scope of practice in a federally related
12 transaction as provided by Title XI, the provisions of USPAP,
13 criteria established by the AQB, and the rules adopted pursuant
14 to this Act. No State licensed real estate appraiser license
15 shall be issued on or after September 30, 2003 under this Act.
16     (d) An associate real estate trainee appraiser is limited
17 in his or her scope of practice in all transactions in
18 accordance with the provisions of USPAP, this Act, and the
19 rules adopted pursuant to this Act. In addition, an associate
20 real estate trainee appraiser shall be required to have a State
21 certified general real estate appraiser or State certified
22 residential real estate appraiser who holds a valid license
23 under this Act to co-sign all appraisal reports. The associate
24 real estate trainee appraiser licensee may not have more than 3
25 supervising appraisers, and a supervising appraiser may not
26 supervise more than 3 associate real estate trainee appraisers

 

 

HB5067 Engrossed - 26 - LRB095 17131 RAS 43186 b

1 at one time. A chronological appraisal log on an approved log
2 form shall be maintained by the associate real estate trainee
3 appraiser and shall be made available to the Department upon
4 request.
5 (Source: P.A. 92-180, eff. 7-1-02.)
 
6     (225 ILCS 458/10-10)
7     (Section scheduled to be repealed on January 1, 2012)
8     Sec. 10-10. Standards of practice. All persons licensed
9 under this Act must comply with standards of professional
10 appraisal practice adopted by the Department OBRE. The
11 Department OBRE must adopt, as part of its rules, the Uniform
12 Standards of Professional Appraisal Practice (USPAP) as
13 published from time to time by the Appraisal Standards Board of
14 the Appraisal Foundation. The Department OBRE shall consider
15 federal laws and regulations regarding the licensure of real
16 estate appraisers prior to adopting its rules for the
17 administration of this Act.
18 (Source: P.A. 92-180, eff. 7-1-02.)
 
19     (225 ILCS 458/10-20)
20     (Section scheduled to be repealed on January 1, 2012)
21     Sec. 10-20. Retention of records. A person licensed under
22 this Act shall retain the original copy of all written
23 contracts engaging his or her services as an appraiser and all
24 appraisal reports, including any supporting data used to

 

 

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1 develop the appraisal report, for a period of 5 years or 2
2 years after the final disposition of any judicial proceeding in
3 which testimony was given, whichever is longer. In addition, a
4 person licensed under this Act shall retain contracts, logs,
5 and appraisal reports used in meeting pre-license experience
6 requirements for a period of 5 years and shall be made
7 available to the Department upon request.
8 (Source: P.A. 92-180, eff. 7-1-02.)
 
9     (225 ILCS 458/15-5)
10     (Section scheduled to be repealed on January 1, 2012)
11     Sec. 15-5. Unlicensed practice; civil penalty; injunctive
12 relief; unlawful influence.
13     (a) A person who violates Section 5-5 of this Act shall, in
14 addition to any other penalty provided by law, pay a civil
15 penalty to the Department OBRE in an amount not to exceed
16 $25,000 $10,000 for each violation as determined by the
17 Secretary Commissioner. The civil penalty shall be assessed by
18 the Secretary Commissioner after a hearing in accordance with
19 the provisions of this Act regarding the provision of a hearing
20 for the discipline of a license.
21     (b) The Department OBRE has the authority to investigate
22 any activity that may violate this Act.
23     (c) A civil penalty imposed pursuant to subsection (a)
24 shall be paid within 60 days after the effective date of the
25 order imposing the civil penalty. The order shall constitute a

 

 

HB5067 Engrossed - 28 - LRB095 17131 RAS 43186 b

1 judgment and may be filed and executed in the same manner as
2 any judgment from any court of record OBRE may petition the
3 circuit court for a judgment to enforce the collection of the
4 penalty. Any civil penalty collected under this Act shall be
5 made payable to the Department of Financial and Professional
6 Regulation Office of Banks and Real Estate and deposited into
7 the Appraisal Administration Fund. In addition to or in lieu of
8 the imposition of a civil penalty, the Department OBRE may
9 report a violation of this Act or the failure or refusal to
10 comply with an order of the Department OBRE to the Attorney
11 General or to the appropriate State's Attorney.
12     (d) Practicing as an appraiser without holding a valid
13 license as required under this Act is declared to be adverse to
14 the public welfare, to constitute a public nuisance, and to
15 cause irreparable harm to the public welfare. The Secretary
16 Commissioner, the Attorney General, or the State's Attorney of
17 any county in the State may maintain an action for injunctive
18 relief in any circuit court to enjoin any person from engaging
19 in such practice.
20     Upon the filing of a verified petition in a circuit court,
21 the court, if satisfied by affidavit or otherwise that a person
22 has been engaged in the practice of real estate appraisal
23 without a valid license, may enter a temporary restraining
24 order without notice or bond enjoining the defendant from
25 further practice. The showing of non-licensure, by affidavit or
26 otherwise, is sufficient for the issuance of a temporary

 

 

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1 injunction. If it is established that the defendant has been or
2 is engaged in unlawful practice, the court may enter an order
3 or judgment perpetually enjoining the defendant from further
4 unlawful practice. In all proceedings under this Section, the
5 court, in its discretion, may apportion the costs among the
6 parties interested in the action, including the cost of filing
7 the complaint, service of process, witness fees and expenses,
8 court reporter charges, and reasonable attorneys' fees. These
9 injunction proceedings shall be in addition to, and not in lieu
10 of, all penalties and other remedies provided in this Act.
11     (e) No person shall influence or attempt to influence
12 through coercion, extortion, or bribery the independent
13 judgment of an appraiser licensed or certified under this Act
14 in the development, reporting, result, or review of a real
15 estate appraisal. A person who violates this subsection (e) is
16 guilty of a Class A misdemeanor for the first offense and a
17 Class 4 felony for any subsequent offense.
18 (Source: P.A. 92-180, eff. 7-1-02.)
 
19     (225 ILCS 458/15-10)
20     (Section scheduled to be repealed on January 1, 2012)
21     Sec. 15-10. Grounds for disciplinary action.
22     (a) The Department Office of Banks and Real Estate may
23 suspend, revoke, refuse to issue, or renew, or restore a
24 license and may reprimand place on probation or administrative
25 supervision, or take any disciplinary or non-disciplinary

 

 

HB5067 Engrossed - 30 - LRB095 17131 RAS 43186 b

1 action otherwise discipline a licensee, including imposing
2 conditions limiting the scope, nature, or extent of the real
3 estate appraisal practice of a licensee or reducing the
4 appraisal rank of a licensee, and may impose an administrative
5 fine a civil penalty not to exceed $25,000 for each violation
6 $10,000 upon a licensee for one or any one or combination of
7 the following:
8         (1) Procuring or attempting to procure a license by
9     knowingly making a false statement, submitting false
10     information, engaging in any form of fraud or
11     misrepresentation, or refusing to provide complete
12     information in response to a question in an application for
13     licensure.
14         (2) Failing to meet the minimum qualifications for
15     licensure as an appraiser established by this Act.
16         (3) Paying money, other than for the fees provided for
17     by this Act, or anything of value to a member or employee
18     of the Board or the Department Office of Banks and Real
19     Estate to procure licensure under this Act.
20         (4) Conviction of or entry of a plea of guilty or nolo
21     contendere to Being convicted of any crime that is a felony
22     under the laws of the United States or any state or
23     territory thereof or a misdemeanor of which , an essential
24     element of which is dishonesty, fraud, theft, or
25     embezzlement, or obtaining money, property, or credit by
26     false pretenses, or any other crime that is directly

 

 

HB5067 Engrossed - 31 - LRB095 17131 RAS 43186 b

1     reasonably related to the practice of the profession real
2     estate appraisal or a conviction in any state or federal
3     court of any felony.
4         (5) Committing an act or omission involving
5     dishonesty, fraud, or misrepresentation with the intent to
6     substantially benefit the licensee or another person or
7     with intent to substantially injure another person as
8     defined by rule.
9         (6) Violating a provision or standard for the
10     development or communication of real estate appraisals as
11     provided in Section 10-10 of this Act or as defined by
12     rule.
13         (7) Failing or refusing without good cause to exercise
14     reasonable diligence in developing, reporting, or
15     communicating an appraisal, as defined by this Act or by
16     rule.
17         (8) Violating a provision of this Act or the rules
18     adopted pursuant to this Act.
19         (9) Having been disciplined by another state, the
20     District of Columbia, a territory, a foreign nation, a
21     governmental agency, or any other entity authorized to
22     impose discipline if at least one of the grounds for that
23     discipline is the same as or the equivalent of one of the
24     grounds for which a licensee may be disciplined under this
25     Act.
26         (10) Engaging in dishonorable, unethical, or

 

 

HB5067 Engrossed - 32 - LRB095 17131 RAS 43186 b

1     unprofessional conduct of a character likely to deceive,
2     defraud, or harm the public.
3         (11) Accepting an appraisal assignment when the
4     employment itself is contingent upon the appraiser
5     reporting a predetermined estimate, analysis, or opinion
6     or when the fee to be paid is contingent upon the opinion,
7     conclusion, or valuation reached or upon the consequences
8     resulting from the appraisal assignment.
9         (12) Developing valuation conclusions based on the
10     race, color, religion, sex, national origin, ancestry,
11     age, marital status, family status, physical or mental
12     handicap, or unfavorable military discharge, as defined
13     under the Illinois Human Rights Act, of the prospective or
14     present owners or occupants of the area or property under
15     appraisal.
16         (13) Violating the confidential nature of government
17     records to which the licensee gained access through
18     employment or engagement as an appraiser by a government
19     agency.
20         (14) Being adjudicated liable in a civil proceeding on
21     grounds of fraud, misrepresentation, or deceit. In a
22     disciplinary proceeding based upon a finding of civil
23     liability, the appraiser shall be afforded an opportunity
24     to present mitigating and extenuating circumstances, but
25     may not collaterally attack the civil adjudication.
26         (15) Being adjudicated liable in a civil proceeding for

 

 

HB5067 Engrossed - 33 - LRB095 17131 RAS 43186 b

1     violation of a state or federal fair housing law.
2         (16) Engaging in misleading or untruthful advertising
3     or using a trade name or insignia of membership in a real
4     estate appraisal or real estate organization of which the
5     licensee is not a member.
6         (17) Failing to fully cooperate with a Department an
7     OBRE investigation by knowingly making a false statement,
8     submitting false or misleading information, or refusing to
9     provide complete information in response to written
10     interrogatories or a written request for documentation
11     within 30 days of the request.
12         (18) Failing to include within the certificate of
13     appraisal for all written appraisal reports the
14     appraiser's license number and licensure title. All
15     appraisers providing significant contribution to the
16     development and reporting of an appraisal must be disclosed
17     in the appraisal report. It is a violation of this Act for
18     an appraiser to sign a report, transmittal letter, or
19     appraisal certification knowing that a person providing a
20     significant contribution to the report has not been
21     disclosed in the appraisal report.
22         (19) Violating the terms of a disciplinary order or
23     consent to administrative supervision order.
24         (20) Habitual or excessive use or addiction to alcohol,
25     narcotics, stimulants, or any other chemical agent or drug
26     that results in a licensee's inability to practice with

 

 

HB5067 Engrossed - 34 - LRB095 17131 RAS 43186 b

1     reasonable judgment, skill, or safety.
2         (21) A physical or mental illness or disability which
3     results in the inability to practice under this Act with
4     reasonable judgment, skill, or safety.
5         (22) Gross negligence in developing an appraisal or in
6     communicating an appraisal or failing to observe one or
7     more of the Uniform Standards of Professional Appraisal
8     Practice.
9         (23) A pattern of practice or other behavior that
10     demonstrates incapacity or incompetence to practice under
11     this Act.
12         (24) Using or attempting to use the seal, certificate,
13     or license of another as his or her own; falsely
14     impersonating any duly licensed appraiser; using or
15     attempting to use an inactive, expired, suspended, or
16     revoked license; or aiding or abetting any of the
17     foregoing.
18         (25) Solicitation of professional services by using
19     false, misleading, or deceptive advertising.
20         (26) Making a material misstatement in furnishing
21     information to the Department.
22         (27) Failure to furnish information to the Department
23     upon written request.
24     (b) The Department Office of Banks and Real Estate may
25 reprimand suspend, revoke, or refuse to issue or renew an
26 education provider's license, may reprimand, place on

 

 

HB5067 Engrossed - 35 - LRB095 17131 RAS 43186 b

1 probation, or otherwise discipline an education provider and
2 may suspend or revoke the course approval of any course offered
3 by an education provider and may impose an administrative fine
4 a civil penalty not to exceed $25,000 $10,000 upon an education
5 provider, for any of the following:
6         (1) Procuring or attempting to procure licensure by
7     knowingly making a false statement, submitting false
8     information, engaging in any form of fraud or
9     misrepresentation, or refusing to provide complete
10     information in response to a question in an application for
11     licensure.
12         (2) Failing to comply with the covenants certified to
13     on the application for licensure as an education provider.
14         (3) Committing an act or omission involving
15     dishonesty, fraud, or misrepresentation or allowing any
16     such act or omission by any employee or contractor under
17     the control of the provider.
18         (4) Engaging in misleading or untruthful advertising.
19         (5) Failing to retain competent instructors in
20     accordance with rules adopted under this Act.
21         (6) Failing to meet the topic or time requirements for
22     course approval as the provider of a pre-license curriculum
23     course or a continuing education course.
24         (7) Failing to administer an approved course using the
25     course materials, syllabus, and examinations submitted as
26     the basis of the course approval.

 

 

HB5067 Engrossed - 36 - LRB095 17131 RAS 43186 b

1         (8) Failing to provide an appropriate classroom
2     environment for presentation of courses, with
3     consideration for student comfort, acoustics, lighting,
4     seating, workspace, and visual aid material.
5         (9) Failing to maintain student records in compliance
6     with the rules adopted under this Act.
7         (10) Failing to provide a certificate, transcript, or
8     other student record to the Department OBRE or to a student
9     as may be required by rule.
10         (11) Failing to fully cooperate with an OBRE
11     investigation by the Department by knowingly making a false
12     statement, submitting false or misleading information, or
13     refusing to provide complete information in response to
14     written interrogatories or a written request for
15     documentation within 30 days of the request.
16     (c) In appropriate cases, the Department OBRE may resolve a
17 complaint against a licensee through the issuance of a Consent
18 to Administrative Supervision order. A licensee subject to a
19 Consent to Administrative Supervision order shall be
20 considered by the Department OBRE as an active licensee in good
21 standing. This order shall not be reported or considered by the
22 Department OBRE to be a discipline of the licensee. The records
23 regarding an investigation and a Consent to Administrative
24 Supervision order shall be considered confidential and shall
25 not be released by the Department OBRE except as mandated by
26 law. A complainant shall be notified if his or her complaint

 

 

HB5067 Engrossed - 37 - LRB095 17131 RAS 43186 b

1 has been resolved by a Consent to Administrative Supervision
2 order.
3 (Source: P.A. 92-180, eff. 7-1-02.)
 
4     (225 ILCS 458/15-15)
5     (Section scheduled to be repealed on January 1, 2012)
6     Sec. 15-15. Investigation; notice; hearing.
7     (a) Upon the motion of the Department Office of Banks and
8 Real Estate or the Board or upon a complaint in writing of a
9 person setting forth facts that, if proven, would constitute
10 grounds for suspension, revocation, or other disciplinary
11 action against a licensee or applicant for licensure, the
12 Department Office of Banks and Real Estate shall investigate
13 the actions of the licensee or applicant. If, upon
14 investigation, the Department believes that there may be cause
15 for suspension, revocation, or other disciplinary action, the
16 Department shall use the services of a State certified general
17 real estate appraiser, a State certified residential real
18 estate appraiser, or the Real Estate Coordinator to assist in
19 determining whether grounds for disciplinary action exist
20 prior to commencing formal disciplinary proceedings.
21     (b) Formal disciplinary proceedings shall commence upon
22 the issuance of a written complaint describing the charges that
23 are the basis of the disciplinary action and delivery of the
24 detailed complaint to the address of record of the licensee or
25 applicant. The Department OBRE shall notify the licensee or

 

 

HB5067 Engrossed - 38 - LRB095 17131 RAS 43186 b

1 applicant to file a verified written answer within 20 days
2 after the service of the notice and complaint. The notification
3 shall inform the licensee or applicant of his or her right to
4 be heard in person or by legal counsel; that the hearing will
5 be afforded not sooner than 30 days after service receipt of
6 the complaint answer to the specific charges; that failure to
7 file an answer will result in a default being entered against
8 the licensee or applicant; that the license may be suspended,
9 revoked, or placed on probationary status; and that other
10 disciplinary action may be taken pursuant to this Act,
11 including limiting the scope, nature, or extent of the
12 licensee's practice. If the licensee or applicant fails to file
13 an answer after service of notice, his or her license may, at
14 the discretion of the Department Office of Banks and Real
15 Estate, be suspended, revoked, or placed on probationary status
16 and the Department Office of Banks and Real Estate may take
17 whatever disciplinary action it deems proper, including
18 limiting the scope, nature, or extent of the person's practice,
19 without a hearing.
20     (c) At the time and place fixed in the notice, the Board
21 shall conduct hearing of the charges, providing both the
22 accused person and the complainant ample opportunity to present
23 in person or by counsel such statements, testimony, evidence,
24 and argument as may be pertinent to the charges or to a defense
25 thereto.
26     (d) The Board shall present to the Secretary Commissioner a

 

 

HB5067 Engrossed - 39 - LRB095 17131 RAS 43186 b

1 written report of its findings and recommendations. A copy of
2 the report shall be served upon the licensee or applicant,
3 either personally or by certified mail. Within 20 days after
4 the service, the licensee or applicant may present the
5 Secretary Commissioner with a motion in writing for either a
6 rehearing, a proposed finding of fact, a conclusion of law, or
7 an alternative sanction, and shall specify the particular
8 grounds for the request. If the accused orders a transcript of
9 the record as provided in this Act, the time elapsing
10 thereafter and before the transcript is ready for delivery to
11 the accused shall not be counted as part of the 20 days. If the
12 Secretary Commissioner is not satisfied that substantial
13 justice has been done, the Secretary Commissioner may order a
14 rehearing by the Board or other special committee appointed by
15 the Secretary Commissioner, may remand the matter to the Board
16 for its reconsideration of the matter based on the pleadings
17 and evidence presented to the Board, or may enter a final order
18 in contravention of the Board's recommendation. In all
19 instances under this Act in which the Board has rendered a
20 recommendation to the Secretary Commissioner with respect to a
21 particular licensee or applicant, the Secretary Commissioner,
22 if he or she disagrees with the recommendation of the Board,
23 shall file with the Board and provide to the licensee or
24 applicant a copy of the Secretary's Commissioner's specific
25 written reasons for disagreement with the Board. The reasons
26 shall be filed within 60 days of the Board's recommendation to

 

 

HB5067 Engrossed - 40 - LRB095 17131 RAS 43186 b

1 the Secretary Commissioner and prior to any contrary action.
2 Notwithstanding a licensee's or applicant's failure to file a
3 motion for rehearing At the expiration of the time specified
4 for filing a motion for a rehearing, the Secretary Commissioner
5 shall have the right to take any of the actions specified in
6 this subsection (d). Upon the suspension or revocation of a
7 license, the licensee shall be required to surrender his or her
8 license to the Department OBRE, and upon failure or refusal to
9 do so, the Department OBRE shall have the right to seize the
10 license.
11     (e) The Department Office of Banks and Real Estate has the
12 power to issue subpoenas and subpoenas duces tecum to bring
13 before it any person in this State, to take testimony, or to
14 require production of any records relevant to an inquiry or
15 hearing by the Board in the same manner as prescribed by law in
16 judicial proceedings in the courts of this State. In a case of
17 refusal of a witness to attend, testify, or to produce books or
18 papers concerning a matter upon which he or she might be
19 lawfully examined, the circuit court of the county where the
20 hearing is held, upon application of the Department Office of
21 Banks and Real Estate or any party to the proceeding, may
22 compel obedience by proceedings as for contempt.
23     (f) Any license that is suspended indefinitely or revoked
24 may not be restored for a minimum period of 2 years, or as
25 otherwise ordered by the Secretary Commissioner.
26     (g) In addition to the provisions of this Section

 

 

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1 concerning the conduct of hearings and the recommendations for
2 discipline, the Department OBRE has the authority to negotiate
3 disciplinary and non-disciplinary settlement agreements
4 concerning any license issued under this Act. All such
5 agreements shall be recorded as Consent Orders or Consent to
6 Administrative Supervision Orders.
7     (h) The Secretary Commissioner shall have the authority to
8 appoint an attorney duly licensed to practice law in the State
9 of Illinois to serve as the hearing officer in any action to
10 suspend, revoke, or otherwise discipline any license issued by
11 the Department Office of Banks and Real Estate. The Hearing
12 Officer shall have full authority to conduct the hearing.
13     (i) The Department OBRE, at its expense, shall preserve a
14 record of all formal hearings of any contested case involving
15 the discipline of a license. At all hearings or pre-hearing
16 conferences, the Department OBRE and the licensee shall be
17 entitled to have the proceedings transcribed by a certified
18 shorthand reporter. A copy of the transcribed proceedings shall
19 be made available to the licensee by the certified shorthand
20 reporter upon payment of the prevailing contract copy rate.
21 (Source: P.A. 92-180, eff. 7-1-02.)
 
22     (225 ILCS 458/15-17 new)
23     (Section scheduled to be repealed on January 1, 2012)
24     Sec. 15-17. Temporary suspension. The Secretary may
25 temporarily suspend the license of a licensee without a

 

 

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1 hearing, simultaneously with the institution of proceedings
2 for a hearing provided in Section 15-10 of this Act, if the
3 Secretary finds that the public interest, safety, or welfare
4 requires such emergency action. In the event that the Secretary
5 temporarily suspends a license without a hearing before the
6 Board, a hearing shall be held within 30 days after the
7 suspension has occurred. The suspended licensee may seek a
8 continuance of the hearing, during which time the suspension
9 shall remain in effect. The proceeding shall be concluded
10 without appreciable delay. If the Department does not hold a
11 hearing within 30 days after the date of suspension, the
12 licensee's license shall be automatically reinstated.
 
13     (225 ILCS 458/15-18 new)
14     Sec. 15-18. Report of fraud. Whenever the Secretary becomes
15 aware, based on reliable information, that any person or entity
16 regulated by the Department, other than a person or entity
17 regulated under this Act, is engaged or has been engaged in
18 real estate appraising for mortgage loan purposes in a manner
19 that constitutes fraud or misrepresentation or constitutes
20 dishonest, unethical, or unprofessional conduct of a character
21 likely to defraud or harm the public, the Secretary shall refer
22 that matter in a timely manner to the appropriate disciplinary
23 board or investigative body charged with investigating and
24 prosecuting the unlawful conduct of such regulated person or
25 entity and may also refer the matter to the Attorney General or

 

 

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1 other appropriate law enforcement agency, as deemed
2 appropriate by the Secretary.
 
3     (225 ILCS 458/15-20)
4     (Section scheduled to be repealed on January 1, 2012)
5     Sec. 15-20. Administrative Review Law; certification fees;
6 Administrative Procedure Act.
7     (a) All final administrative decisions of the Secretary
8 Commissioner under this Act are subject to judicial review
9 pursuant to the provisions of the Administrative Review Law and
10 the rules adopted pursuant thereto. The term "administrative
11 decision" has the meaning ascribed to it in Section 3-101 of
12 the Administrative Review Law.
13     (b) The Department OBRE shall not be required to certify
14 any record, file any answer or otherwise appear unless the
15 party filing the administrative review complaint pays the
16 certification fee to the Department OBRE as provided by rule.
17 Failure on the part of the plaintiff to make such a deposit
18 shall be grounds for dismissal of the action.
19     (c) The Administrative Procedures Act is hereby expressly
20 adopted and incorporated herein. In the event of a conflict
21 between this Act and the Administrative Procedures Act, this
22 Act shall control.
23 (Source: P.A. 92-180, eff. 7-1-02.)
 
24     (225 ILCS 458/15-30)

 

 

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1     (Section scheduled to be repealed on January 1, 2012)
2     Sec. 15-30. Statute of limitations. No action may be taken
3 under this Act against a person licensed under this Act unless
4 the action is commenced within 5 years after the occurrence of
5 the alleged violation or at least 2 years after final
6 disposition of any judicial proceeding in which the appraiser
7 provided testimony related to the assignment, whichever period
8 expires last. A continuing violation is deemed to have occurred
9 on the date when the circumstances last existed that gave rise
10 to the alleged continuing violation.
11 (Source: P.A. 92-180, eff. 7-1-02.)
 
12     (225 ILCS 458/15-35)
13     (Section scheduled to be repealed on January 1, 2012)
14     Sec. 15-35. Signature of the Secretary Commissioner. An
15 order of revocation or suspension or a certified copy of the
16 order, bearing the seal of the Department OBRE and purporting
17 to be signed by the Secretary Commissioner, shall be prima
18 facie proof that:
19         (1) the signature is the genuine signature of the
20     Secretary Commissioner;
21         (2) the Secretary Commissioner is duly appointed and
22     qualified; and
23         (3) the Board and the members thereof are qualified.
24 This proof may be rebutted.
25 (Source: P.A. 92-180, eff. 7-1-02.)
 

 

 

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1     (225 ILCS 458/15-40)
2     (Section scheduled to be repealed on January 1, 2012)
3     Sec. 15-40. Violation of tax Acts. The Department OBRE may
4 refuse to issue or renew or may suspend the license of any
5 person who fails to file a return, pay the tax, penalty, or
6 interest shown in a filed return, or pay any final assessment
7 of tax, penalty, or interest, as required by any tax Act
8 administered by the Department of Revenue, until such time as
9 the requirements of that tax Act are satisfied.
10 (Source: P.A. 92-180, eff. 7-1-02.)
 
11     (225 ILCS 458/15-45)
12     (Section scheduled to be repealed on January 1, 2012)
13     Sec. 15-45. Disciplinary action for educational loan
14 defaults. The Department OBRE shall deny a license or renewal
15 authorized by this Act to a person who has defaulted on an
16 educational loan or scholarship provided or guaranteed by the
17 Illinois Student Assistance Commission or any governmental
18 agency of this State; however, the Department OBRE may issue a
19 license or renewal if the person has established a satisfactory
20 repayment record as determined by the Illinois Student
21 Assistance Commission or other appropriate governmental agency
22 of this State. Additionally, a license issued by the Department
23 OBRE may be suspended or revoked if the Secretary Commissioner,
24 after the opportunity for a hearing under this Act, finds that

 

 

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1 the licensee has failed to make satisfactory repayment to the
2 Illinois Student Assistance Commission for a delinquent or
3 defaulted loan.
4 (Source: P.A. 92-180, eff. 7-1-02.)
 
5     (225 ILCS 458/15-50)
6     (Section scheduled to be repealed on January 1, 2012)
7     Sec. 15-50. Nonpayment of child support. In cases where the
8 Department of Healthcare and Family Services (formerly
9 Department of Public Aid) has previously determined that a
10 licensee or a potential licensee is more than 30 days
11 delinquent in the payment of child support and has subsequently
12 certified the delinquency to the Department OBRE, the
13 Department OBRE may refuse to issue or renew or may revoke or
14 suspend that person's license or may take other disciplinary
15 action against that person based solely upon the certification
16 of delinquency made by the Department of Healthcare and Family
17 Services (formerly Department of Public Aid). Redetermination
18 of the delinquency by the Department OBRE shall not be
19 required. In cases regarding the renewal of a license, the
20 Department OBRE shall not renew any license if the Department
21 of Healthcare and Family Services (formerly Department of
22 Public Aid) has certified the licensee to be more than 30 days
23 delinquent in the payment of child support, unless the licensee
24 has arranged for payment of past and current child support
25 obligations in a manner satisfactory to the Department of

 

 

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1 Healthcare and Family Services (formerly Department of Public
2 Aid). The Department OBRE may impose conditions, restrictions,
3 or disciplinary action upon that renewal.
4 (Source: P.A. 95-331, eff. 8-21-07.)
 
5     (225 ILCS 458/15-55)
6     (Section scheduled to be repealed on January 1, 2012)
7     Sec. 15-55. Checks or orders to Department dishonored
8 because of insufficient funds Returned checks; penalty;
9 termination. Any A person who delivers a check or other payment
10 to the Department OBRE that is returned to the Department OBRE
11 unpaid by the financial institution upon which it was drawn
12 shall pay to the Department OBRE, in addition to the amount
13 already owed to the Department, a fine penalty of $50. The
14 fines imposed by this Section are in addition to any other
15 discipline provided under this Act for unlicensed practice or
16 practice on a non-renewed license. The Department shall notify
17 the applicant or licensee that payment of fees and fines shall
18 be paid to the Department by certified check or money order
19 within 30 calendar days after the notification. OBRE shall
20 notify the person, by certified mail return receipt requested,
21 that his or her check or payment was returned and that the
22 person shall pay to OBRE by certified check or money order the
23 amount of the returned check plus a $50 penalty within 30
24 calendar days after the date of the notification. If, after the
25 expiration of 30 calendar days of the notification, the person

 

 

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1 has failed to remit the necessary funds and penalty, OBRE shall
2 automatically terminate the license or deny the application
3 without hearing. If the returned check or other payment was for
4 issuance of a license under this Act and that person practices
5 as an appraiser, that person may be subject to discipline for
6 unlicensed practice as provided in this Act. If, after the
7 expiration of 30 days from the date of the notification
8 termination or denial, the person has failed to submit the
9 necessary remittance, the Department shall automatically
10 terminate the license or deny the application, without hearing.
11 If, after termination or denial, the person seeks a license, he
12 or she must apply to the Department for restoration or issuance
13 of the license and pay all fees and fines due to the
14 Department. The Department may establish a fee for the
15 processing of an application for restoration of a license to
16 pay all of the expenses of processing the application seeks a
17 license, he or she shall petition OBRE for restoration and he
18 or she may be subject to additional discipline or fines. The
19 Secretary Commissioner may waive the fines penalties or fines
20 due under this Section in individual cases where the Secretary
21 Commissioner finds that the penalties or fines would be
22 unreasonable or unnecessarily burdensome.
23 (Source: P.A. 92-180, eff. 7-1-02.)
 
24     (225 ILCS 458/15-60)
25     (Section scheduled to be repealed on January 1, 2012)

 

 

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1     Sec. 15-60. Cease and desist orders. The Department OBRE
2 may issue cease and desist orders to persons who engage in
3 activities prohibited by this Act. Any person in violation of a
4 cease and desist order issued by the Department OBRE is subject
5 to all of the penalties provided by law.
6 (Source: P.A. 92-180, eff. 7-1-02.)
 
7     (225 ILCS 458/20-5)
8     (Section scheduled to be repealed on January 1, 2012)
9     Sec. 20-5. Education providers.
10     (a) Beginning July 1, 2002, only education providers
11 licensed by the Department OBRE may provide the pre-license and
12 continuing education courses required for licensure under this
13 Act.
14     (b) A person or entity seeking to be licensed as an
15 education provider under this Act shall provide satisfactory
16 evidence of the following:
17         (1) a sound financial base for establishing,
18     promoting, and delivering the necessary courses;
19         (2) a sufficient number of qualified instructors;
20         (3) adequate support personnel to assist with
21     administrative matters and technical assistance;
22         (4) a written policy dealing with procedures for
23     management of grievances and fee refunds;
24         (5) a qualified administrator, who is responsible for
25     the administration of the education provider, courses, and

 

 

HB5067 Engrossed - 50 - LRB095 17131 RAS 43186 b

1     the actions of the instructors; and
2         (6) any other requirements as provided by rule.
3     (c) All applicants for an education provider's license
4 shall make initial application to the Department OBRE on forms
5 provided by the Department OBRE and pay the appropriate fee as
6 provided by rule. The term, expiration date, and renewal of an
7 education provider's license shall be established by rule.
8     (d) An education provider shall provide each successful
9 course participant with a certificate of completion signed by
10 the school administrator. The format and content of the
11 certificate shall be specified by rule.
12     (e) All education providers shall provide to the Department
13 OBRE a monthly roster of all successful course participants as
14 provided by rule.
15 (Source: P.A. 92-180, eff. 7-1-02.)
 
16     (225 ILCS 458/20-10)
17     (Section scheduled to be repealed on January 1, 2012)
18     Sec. 20-10. Course approval.
19     (a) Only courses offered by licensed education providers
20 and approved by the Department, courses approved by the AQB, or
21 courses approved by jurisdictions regulated by the Appraisal
22 Subcommittee OBRE shall be used to meet the requirements of
23 this Act and rules.
24     (b) An education provider licensed under this Act may
25 submit courses to the Department OBRE for approval. The

 

 

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1 criteria, requirements, and fees for courses shall be
2 established by rule in accordance with this Act, Title XI, and
3 the criteria established by the AQB.
4     (c) For each course approved, the Department OBRE shall
5 issue a license to the education provider. The term, expiration
6 date, and renewal of a course approval shall be established by
7 rule.
8     (d) An education provider must use an instructor for each
9 course approved by the Department who (i) holds a valid real
10 estate appraisal license in good standing as a State certified
11 general real estate appraiser or a State certified residential
12 real estate appraiser in Illinois or any other jurisdiction
13 regulated by the Appraisal Subcommittee, (ii) holds a valid
14 teaching certificate issued by the State of Illinois, (iii) is
15 a faculty member in good standing with an accredited college or
16 university or community college, or (iv) is an approved
17 appraisal instructor from an appraisal organization that is a
18 member of the Appraisal Foundation.
19 (Source: P.A. 92-180, eff. 7-1-02.)
 
20     (225 ILCS 458/25-5)
21     (Section scheduled to be repealed on January 1, 2012)
22     Sec. 25-5. Appraisal Administration Fund; surcharge. The
23 Appraisal Administration Fund is created as a special fund in
24 the State Treasury. All fees, fines, and penalties received by
25 the Department OBRE under this Act shall be deposited into the

 

 

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1 Appraisal Administration Fund. All earnings attributable to
2 investment of funds in the Appraisal Administration Fund shall
3 be credited to the Appraisal Administration Fund. Subject to
4 appropriation, the moneys in the Appraisal Administration Fund
5 shall be paid to the Department OBRE for the expenses incurred
6 by the Department OBRE and the Board in the administration of
7 this Act. Moneys in the Appraisal Administration Fund may be
8 transferred to the Professions Indirect Cost Fund as authorized
9 under Section 2105-300 of the Department of Professional
10 Regulation Law of the Civil Administrative Code of Illinois.
11     Upon the completion of any audit of the Department OBRE, as
12 prescribed by the Illinois State Auditing Act, which shall
13 include an audit of the Appraisal Administration Fund, the
14 Department OBRE shall make the audit report open to inspection
15 by any interested person.
16 (Source: P.A. 94-91, eff. 7-1-05.)
 
17     (225 ILCS 458/25-10)
18     (Section scheduled to be repealed on January 1, 2012)
19     Sec. 25-10. Real Estate Appraisal Administration and
20 Disciplinary Board; appointment.
21     (a) There is hereby created the Real Estate Appraisal
22 Administration and Disciplinary Board. The Board shall be
23 composed of 10 persons appointed by the Governor, plus the
24 Coordinator Director of the Real Estate Appraisal Division.
25 Members shall be appointed to the Board subject to the

 

 

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1 following conditions:
2         (1) All appointed members shall have been residents and
3     citizens of this State for at least 5 years prior to the
4     date of appointment.
5         (2) The appointed membership of the Board should
6     reasonably reflect the geographic distribution of the
7     population of the State.
8         (3) Four appointed members shall have been actively
9     engaged and currently licensed as State certified general
10     real estate appraisers for a period of not less than 5
11     years.
12         (4) Two appointed members shall have been actively
13     engaged and currently licensed as State certified
14     residential real estate appraisers for a period of not less
15     than 5 years.
16         (5) Two appointed members shall hold a valid license as
17     a real estate broker for at least 10 years prior to the
18     date of the appointment, one of whom and shall hold a valid
19     State certified general real estate appraiser license
20     issued under this Act or a predecessor Act for a period of
21     at least 5 years prior to the appointment and one of whom
22     shall hold a valid State certified residential real estate
23     appraiser license issued under this Act or a predecessor
24     Act for a period of at least 5 years prior to the
25     appointment.
26         (6) One appointed member shall be a representative of a

 

 

HB5067 Engrossed - 54 - LRB095 17131 RAS 43186 b

1     financial institution, as evidenced by his or her
2     employment with a financial institution.
3         (7) One appointed member shall represent the interests
4     of the general public. This member or his or her spouse
5     shall not be licensed under this Act nor be employed by or
6     have any interest in an appraisal business, real estate
7     brokerage business, or a financial institution.
8     In making appointments as provided in paragraphs (3) and
9 (4) of this subsection, the Governor shall give due
10 consideration to recommendations by members and organizations
11 representing the profession real estate appraisal industry.
12     In making the appointments as provided in paragraph (5) of
13 this subsection, the Governor shall give due consideration to
14 the recommendations by members and organizations representing
15 the real estate industry.
16     In making the appointment as provided in paragraph (6) of
17 this subsection, the Governor shall give due consideration to
18 the recommendations by members and organizations representing
19 financial institutions.
20     (b) The term for members of the Board shall be 4 years, and
21 each member shall serve until his or her successor is appointed
22 and qualified , except for the initial appointees. Of the
23 initial appointments, 4 members shall be appointed for terms
24 ending June 30, 2006, 3 members shall be appointed for terms
25 ending June 30, 2005, and 3 members shall be appointed for
26 terms ending June 30, 2004. No member shall serve more than 10

 

 

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1 years in a lifetime. Those persons serving on the Board
2 pursuant to the Real Estate Appraiser Licensing Act shall
3 become members of the new Board on July 1, 2002 and shall serve
4 until the Governor has made the new appointments pursuant to
5 this Act.
6     (c) The Governor may terminate the appointment of a member
7 for cause that, in the opinion of the Governor, reasonably
8 justifies the termination. Cause for termination may include,
9 without limitation, misconduct, incapacity, neglect of duty,
10 or missing 4 Board meetings during any one calendar year.
11     (d) 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 of
14 the rights and perform all of the duties of the Board.
15     (e) The Board shall meet at least quarterly and may be
16 convened by the Chairperson, Vice-Chairperson Co-Chairperson,
17 or 3 members of the Board upon 10 days written notice.
18     (f) The Board shall, annually at the first meeting of the
19 fiscal year, elect a Chairperson and Vice-Chairperson from its
20 members. The Chairperson shall preside over the meetings and
21 shall coordinate with the Coordinator Director in developing
22 and distributing an agenda for each meeting. In the absence of
23 the Chairperson, the Vice-Chairperson Co-Chairperson shall
24 preside over the meeting.
25     (g) The Coordinator Director of the Real Estate Appraisal
26 Division shall serve as a member of the Board without vote.

 

 

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1     (h) The Board shall advise and make recommendations to the
2 Department OBRE on the education and experience qualifications
3 of any applicant for initial licensure as a State certified
4 general real estate appraiser or a State certified residential
5 real estate appraiser. The Department shall not make any
6 decisions concerning education or experience qualifications of
7 an applicant for initial licensure as a State certified general
8 real estate appraiser or a State certified residential real
9 estate appraiser without having first received the advice and
10 recommendation of the Board and matters of licensing and
11 education. OBRE shall give due consideration to all such advice
12 and recommendations; however, if the Board does not render
13 advice or make a recommendation within a reasonable amount of
14 time, then the Department may render a decision presented by
15 the Board.
16     (i) Except as provided in Section 15-17 of this Act, the
17 The Board shall hear and make recommendations to the Secretary
18 Commissioner on disciplinary matters that require a formal
19 evidentiary hearing. The Secretary Commissioner shall give due
20 consideration to the recommendations of the Board involving
21 discipline and questions involving standards of professional
22 conduct of licensees.
23     (j) The Department shall seek and the Board shall provide
24 may make recommendations to the Department OBRE consistent with
25 the provisions of this Act and for the administration and
26 enforcement of all the rules adopted pursuant to this Act. The

 

 

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1 Department OBRE shall give due consideration to such the
2 recommendations of the Board prior to adopting rules.
3     (k) The Department shall seek and the Board shall provide
4 make recommendations to the Department OBRE on the approval of
5 all courses submitted to the Department OBRE pursuant to this
6 Act and the rules adopted pursuant to this Act. The Department
7 shall not approve any courses without having first received the
8 recommendation of the Board and OBRE shall give due
9 consideration to such the recommendations of the Board prior to
10 approving and licensing courses; however, if the Board does not
11 make a recommendation within a reasonable amount of time, then
12 the Department may approve courses.
13     (l) Each voting member of the Board shall receive a per
14 diem stipend in an amount to be determined by the Secretary
15 Commissioner. Each member shall be paid his or her necessary
16 expenses while engaged in the performance of his or her duties.
17     (m) Members of the Board shall be immune from suit in an
18 action based upon any disciplinary proceedings or other acts
19 performed in good faith as members of the Board.
20     (n) If the Department disagrees with any advice or
21 recommendation provided by the Board under this Section to the
22 Secretary or the Department, then notice of such disagreement
23 must be provided to the Board by the Department.
24     (o) Upon resolution adopted at any Board meeting, the
25 exercise of any Board function, power, or duty enumerated in
26 this Section or in subsection (d) of Section 15-10 of this Act

 

 

HB5067 Engrossed - 58 - LRB095 17131 RAS 43186 b

1 may be suspended. The exercise of any suspended function,
2 power, or duty of the Board may be reinstated by a resolution
3 adopted at a subsequent Board meeting. Any resolution adopted
4 pursuant to this Section shall take effect immediately.
5 (Source: P.A. 92-180, eff. 7-1-02.)
 
6     (225 ILCS 458/25-15)
7     (Section scheduled to be repealed on January 1, 2012)
8     Sec. 25-15. Coordinator Director of the Real Estate
9 Appraisal Division; appointment; duties. The Secretary shall
10 appoint, subject to the Personnel Code, a Coordinator of Real
11 Estate Appraisal. In appointing the Coordinator, the Secretary
12 shall give due consideration to recommendations made by
13 members, organizations, and associations of the real estate
14 appraisal industry. On or after January 1, 2009, the
15 Coordinator must hold a current, valid State certified general
16 real estate appraiser license or a State certified residential
17 real estate appraiser license, which shall be surrendered to
18 the Department during the term of his or her appointment. The
19 Coordinator must take the 30-hour National Instructors Course
20 on Uniform Standards of Professional Appraisal Practice. The
21 Coordinator's license shall be returned in the same status as
22 it was on the date of surrender, credited with all fees that
23 came due during his or her employment. Commissioner shall
24 appoint a Director of the Real Estate Appraisal Division for a
25 term of 4 years. The Director shall hold a valid State

 

 

HB5067 Engrossed - 59 - LRB095 17131 RAS 43186 b

1 certified general real estate appraiser or State certified
2 residential real estate appraiser license, which shall be
3 surrendered to OBRE during the term of his or her appointment.
4 The Coordinator Director of the Real Estate Appraisal Division
5 shall:
6         (1) serve as a member of the Real Estate Appraisal
7     Administration and Disciplinary Board without vote;
8         (2) be the direct liaison between the Department OBRE,
9     the profession, and the real estate appraisal industry
10     organizations and associations;
11         (3) prepare and circulate to licensees such
12     educational and informational material as the Department
13     OBRE deems necessary for providing guidance or assistance
14     to licensees;
15         (4) appoint necessary committees to assist in the
16     performance of the functions and duties of the Department
17     OBRE under this Act; and
18         (5) (blank). subject to the administrative approval of
19     the Commissioner, supervise the Real Estate Appraisal
20     Division.
21     In appointing the Director of the Real Estate Appraisal
22 Division, the Commissioner shall give due consideration to
23 members, organizations, and associations of the real estate
24 appraisal industry.
25 (Source: P.A. 92-180, eff. 7-1-02.)
 

 

 

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1     (225 ILCS 458/25-20)
2     (Section scheduled to be repealed on January 1, 2012)
3     Sec. 25-20. Department OBRE; powers and duties. The
4 Department of Financial and Professional Regulation Office of
5 Banks and Real Estate shall exercise the powers and duties
6 prescribed by the Civil Administrative Code of Illinois for the
7 administration of licensing Acts and shall exercise such other
8 powers and duties as are prescribed by this Act for the
9 administration of this Act. The Department OBRE may contract
10 with third parties for services necessary for the proper
11 administration of this Act, including without limitation,
12 investigators with the proper knowledge, training, and skills
13 to properly investigate complaints against real estate
14 appraisers.
15     The Department OBRE shall maintain and update a registry of
16 the names and addresses of all licensees and a listing of
17 disciplinary orders issued pursuant to this Act and shall
18 transmit the registry, along with any national registry fees
19 that may be required, to the entity specified by, and in a
20 manner consistent with, Title XI of the federal Financial
21 Institutions Reform, Recovery and Enforcement Act of 1989.
22 (Source: P.A. 92-180, eff. 7-1-02.)
 
23     (225 ILCS 458/25-25)
24     (Section scheduled to be repealed on January 1, 2012)
25     Sec. 25-25. Rules. The Department OBRE, after considering

 

 

HB5067 Engrossed - 61 - LRB095 17131 RAS 43186 b

1 any recommendations of the Board, shall adopt rules that may be
2 necessary for administration, implementation, and enforcement
3 of the Act.
4 (Source: P.A. 92-180, eff. 7-1-02.)
 
5     (225 ILCS 458/30-10)
6     (Section scheduled to be repealed on January 1, 2012)
7     Sec. 30-10. Appraisal Administration Fund.
8     (a) The Appraisal Administrative Fund, created under the
9 Real Estate License Act of 1983 and continued under Section 40
10 of the Real Estate Appraiser Licensing Act, is continued under
11 this Act. All fees collected under this Act shall be deposited
12 into the Appraisal Administration Fund, created in the State
13 Treasury under the Real Estate License Act of 1983.
14     (b) Appropriations to the Department OBRE from the
15 Appraisal Administration Fund for the purpose of administering
16 the Real Estate Appraiser Licensing Act may be used by the
17 Department OBRE for the purpose of administering and enforcing
18 the provisions of this Act.
19 (Source: P.A. 92-180, eff. 7-1-02.)
 
20     (225 ILCS 458/10-15 rep.)
21     Section 10. The Real Estate Appraiser Licensing Act of 2002
22 is amended by repealing Section 10-15.
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.