Full Text of SB0332 96th General Assembly
SB0332eng 96TH GENERAL ASSEMBLY
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SB0332 Engrossed |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing | 5 |
| Section 4.20 and by adding Section 4.30 as follows:
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| (5 ILCS 80/4.20)
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| Sec. 4.20. Acts repealed on January 1, 2010 and December | 8 |
| 31, 2010.
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| (a) The following Acts are repealed on January 1, 2010:
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| The Auction License Act.
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| The Illinois Architecture Practice Act of 1989.
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| The Illinois Landscape Architecture Act of 1989.
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| The Illinois Professional Land Surveyor Act of 1989.
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| The Land Sales Registration Act of 1999.
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| The Orthotics, Prosthetics, and Pedorthics Practice | 16 |
| Act.
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| The Perfusionist Practice Act.
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| The Professional Engineering Practice Act of 1989.
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| The Real Estate License Act of 2000.
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| The Structural Engineering Practice Act of 1989.
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| (b) The following Act is repealed on December 31, 2010: | 22 |
| The Medical Practice Act of 1987. | 23 |
| (Source: P.A. 95-1018, eff. 12-18-08.)
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| (5 ILCS 80/4.30 new)
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| Sec. 4.30. Act repealed on January 1, 2020. The following | 3 |
| Act is repealed on January 1, 2020: | 4 |
| The Land Sales Registration Act of 1999. | 5 |
| Section 10. The Land Sales Registration Act of 1999 is | 6 |
| amended by changing Sections 1-10, 1-15, 5-5, 5-10, 5-15, 5-20, | 7 |
| 5-25, 10-15, 10-20, 10-30, 15-5, 15-10, 15-15, 15-20, 15-25, | 8 |
| 15-30, 15-35, 15-40, 15-45, 15-50, 15-55, 15-60, 15-65, 15-70, | 9 |
| 15-75, 20-5, 20-10, 20-15, 20-20, and 20-25 and by adding | 10 |
| Sections 5-23 and 15-7 as follows:
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| (765 ILCS 86/1-10)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 1-10. Definitions. In this Act, unless the context | 14 |
| otherwise
requires:
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| "Blanket encumbrance" means a trust deed, mortgage, | 16 |
| mechanics lien, or any
other lien or financial encumbrance | 17 |
| securing or evidencing money debt and
affecting land to be | 18 |
| subdivided or affecting more than one lot or parcel of
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| subdivided land; or an agreement affecting more than one such | 20 |
| lot or parcel by
which the subdivider holds the subdivision | 21 |
| under an option, contract to
purchase,
or trust agreement. | 22 |
| Taxes and assessments levied by public authority are not an
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| encumbrance under this Act.
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| "Commissioner" means the Commissioner of Banks and Real
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| Estate or a natural person authorized by the Commissioner, the | 3 |
| Office of Banks
and Real Estate Act, or this Act to act in the | 4 |
| Commissioner's stead.
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| "Common promotional plan" means a plan, undertaken by a | 6 |
| single developer or a
group of developers acting in concert, to | 7 |
| offer lots for sale or lease. Where
land is offered for sale by | 8 |
| a developer or group of developers acting in
concert and the | 9 |
| land is contiguous or is known, designated, or advertised
as a | 10 |
| common unit or by a common name, the land is presumed, without | 11 |
| regard to
the number of lots covered by each individual | 12 |
| offering, to be offered for sale
or lease as part of a common | 13 |
| promotional plan.
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| "Department" means the Illinois Department of Financial | 15 |
| and Professional Regulation. | 16 |
| "Offer" includes every inducement, solicitation, or | 17 |
| attempt to encourage a
person to acquire an interest in a | 18 |
| subdivision or subdivided land, if
undertaken for
gain or | 19 |
| profit.
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| "Person" means an individual, corporation, government or | 21 |
| governmental
subdivision or agency, business trust, estate, | 22 |
| trust, partnership,
unincorporated
association, 2 or more of | 23 |
| any of the foregoing having a joint or common
interest,
or any | 24 |
| other legal or commercial entity.
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| "Sale" includes a sale, lease, assignment, or award by | 26 |
| lottery, or any offer
or
solicitation of an offer to do any of |
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| the foregoing, concerning a subdivision
or
any
part of a | 2 |
| subdivision, if undertaken for gain or profit.
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| "Secretary" means the Secretary of Financial and | 4 |
| Professional Regulation. | 5 |
| "Subdivided land" and "subdivision" mean improved or | 6 |
| unimproved lands
located outside the State of Illinois, divided | 7 |
| or proposed to be divided into
25 or
more lots or parcels, and | 8 |
| also include any land, whether contiguous or not, if
25 or
more | 9 |
| lots, parcels, units or interests are offered as a part of a | 10 |
| common
promotional
plan of advertising and sale.
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| (Source: P.A. 91-338, eff. 12-30-99.)
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| (765 ILCS 86/1-15)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 1-15. Powers and duties of the Department Office of | 15 |
| Banks and Real Estate .
The Department
Office of Banks and Real | 16 |
| Estate shall exercise the powers and duties
established
by this | 17 |
| Act. The Secretary Commissioner may adopt rules consistent with | 18 |
| the provisions
of this Act for its administration and | 19 |
| enforcement and may prescribe forms that
shall
be issued in | 20 |
| connection with this Act. The Department Office of Banks and | 21 |
| Real Estate
shall
issue a certificate of registration to any | 22 |
| person who meets the qualifications
set
forth in this Act.
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| (Source: P.A. 91-338, eff. 12-30-99.)
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| (765 ILCS 86/5-5)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5-5. Registration requirement; exemptions. It is | 3 |
| unlawful for
any
person to engage in the business of selling | 4 |
| land that is located outside the
State of
Illinois to any | 5 |
| individual located in Illinois without a certificate of
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| registration
issued by the Department Office of Banks and Real | 7 |
| Estate pursuant to this Act. Unless the
method of sale is | 8 |
| adopted for the purpose of evasion of this Act, the
provisions | 9 |
| of
this Act do not apply to an offer or disposition of an | 10 |
| interest in land:
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| (1) by a purchaser of subdivided lands for the | 12 |
| purchaser's own account in
a
single or isolated | 13 |
| transaction;
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| (2) if fewer than 25 separate lots, parcels, units or | 15 |
| interests in
subdivided
lands
are offered by a person;
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| (3) on which there is a commercial or industrial | 17 |
| building, shopping
center,
house, apartment house, | 18 |
| condominium structure, or town house, or as to which
there | 19 |
| is a legal obligation on the part of the seller to | 20 |
| construct such a
building
within 2 years from the date of | 21 |
| disposition;
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| (4) that is sold for industrial, commercial, or | 23 |
| institutional purposes;
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| (5) that consists of cemetery lots or interests;
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| (6) that consists of a subdivision as to which the plan | 26 |
| of sale is to
dispose
of it
to 10 or fewer persons; or
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| (7) in lots or parcels of 20 or more acres, | 2 |
| unconditionally, or of 10 or
more
acres if there is free | 3 |
| and ready access leading to county-maintained roads.
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| (Source: P.A. 91-338, eff. 12-30-99.)
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| (765 ILCS 86/5-10)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5-10. Application for registration.
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| (a) Before subdivided lands are offered for sale, the | 9 |
| subdivider or the
subdivider's agent shall file with the | 10 |
| Department Office of Banks and Real Estate an
application on | 11 |
| forms supplied by the Department Office of Banks and Real | 12 |
| Estate . A
registration fee shall accompany the application. The | 13 |
| application shall
contain all
of the following information:
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| (1) The name and address of the fee title owner of the | 15 |
| subdivided lands.
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| (2) The name and address of the subdivider.
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| (3) The name and address of an agent of the subdivider | 18 |
| in Illinois
authorized
to accept service of process on | 19 |
| behalf of the subdivider.
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| (4) The legal description and acreage of the lands, | 21 |
| together with a map
showing the layout as recorded or | 22 |
| proposed and the relation of the lands to
existing streets | 23 |
| or roads, waterways, schools, churches, shopping centers, | 24 |
| and
local bus and rail transportation, with a statement of | 25 |
| distances to each.
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| (5) A true statement as to title to the subdivided | 2 |
| land, including all
financial
encumbrances and unpaid | 3 |
| taxes thereon.
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| (6) If subject property is in a land trust, a true | 5 |
| statement of the names
and
addresses of all parties with a | 6 |
| beneficial interest in the trust.
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| (7) A true statement of the terms and conditions by | 8 |
| which it is intended
the
subdivided land will be sold, | 9 |
| together with copies of any and all forms of
contract
or | 10 |
| conveyance intended to be used. If a language other than | 11 |
| English was used
in
advertising the property or during the | 12 |
| sales presentation, translations,
in that
language, of the | 13 |
| Illinois Public Property Report, any contract or lien, and | 14 |
| any
note
shall be provided to the purchaser before the | 15 |
| purchaser executes the contract.
A
receipt for these | 16 |
| translations shall be obtained and a copy of the receipt
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| shall be
kept available in this State and subject to | 18 |
| inspection by the Department Office of Banks
and
Real | 19 |
| Estate for 3 years from the date of the receipt.
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| (8) A true statement of provision for sewage disposal | 21 |
| and public
utilities,
if
any, in the proposed or existing | 22 |
| subdivision, including water, electricity,
gas, and
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| telephone facilities.
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| (9) A correct reference to applicable zoning | 25 |
| ordinances and regulations.
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| (10) Certified financial statements of the subdivider.
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| (11) A proposed public property report, suitable for | 2 |
| distribution to any
proposed purchaser if a certificate of | 3 |
| registration is issued, which shall
contain the
following | 4 |
| information:
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| (A) the name and principal address of the | 6 |
| subdivider;
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| (B) a general description of the subdivided lands, | 8 |
| stating the total
number
of lots, parcels, units, or | 9 |
| interests in the offering;
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| (C) the significant terms of any encumbrances, | 11 |
| easements, liens, and
restrictions, including zoning | 12 |
| and other regulations affecting the subdivided
lands
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| and each lot or unit, and a statement of all existing | 14 |
| taxes and existing or
proposed
special taxes or | 15 |
| assessments that affect the subdivided lands;
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| (D) a statement of the use for which the property | 17 |
| is offered;
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| (E) information concerning improvements, including | 19 |
| streets, water
supply,
levees, drainage control | 20 |
| systems, irrigation systems, sewage disposal
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| facilities,
and customary utilities, and the estimated | 22 |
| costs, date of completion, and
responsibility for | 23 |
| construction and maintenance of existing and proposed
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| improvements that are referred to in connection with | 25 |
| the offering or
disposition of
any interest in | 26 |
| subdivided lands;
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| (F) a statement that certified financial | 2 |
| statements are available upon
request; and
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| (G) such additional information consistent with | 4 |
| this Act which may be
required by the Department Office | 5 |
| of Banks and Real Estate to assure full and fair
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| disclosure
to prospective purchasers.
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| (b) The subdivider shall report all material changes with | 8 |
| respect to
subdivided
lands registered for sale under this Act, | 9 |
| and the Department Office of Banks and Real
Estate
may require | 10 |
| that the public property report be amended to reflect such | 11 |
| material
change. In the event the subdivider wishes to update | 12 |
| the public property
report,
the subdivider may do so upon | 13 |
| proper application to the Department Office of Banks and
Real
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| Estate .
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| (c) If the subdivider registers additional subdivided | 16 |
| lands to be offered
for
sale,
the subdivider may consolidate | 17 |
| the subsequent registration with any earlier
registration | 18 |
| offering subdivided lands for sale under the same promotional
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| plan,
and the public property report shall be amended to | 20 |
| include the additional
subdivided lands so registered.
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| (d) The Department Office of Banks and Real Estate shall, | 22 |
| at the time the application
is
submitted or from time to time | 23 |
| thereafter, require the subdivider to furnish
financial | 24 |
| assurances, in the form of a performance bond, a surety bond, | 25 |
| or an
irrevocable letter of credit in the amount and subject to | 26 |
| terms and
requirements
approved by the Department Office of |
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| Banks and Real Estate , for the purpose of protecting
purchasers | 2 |
| of lots in the subdivision to ensure that the improvements will | 3 |
| be
constructed and maintained in the manner represented by the | 4 |
| subdivider. The
Department Office of Banks and Real Estate may | 5 |
| accept evidence that such assurances have
been furnished to a | 6 |
| foreign state, or a county or municipality within such
state, | 7 |
| in
fulfillment of this requirement.
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| (Source: P.A. 91-338, eff. 12-30-99.)
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| (765 ILCS 86/5-15)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5-15. Issuance Notice of filing; issuance of | 12 |
| certificate; exemption; renewal.
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| (a) The Department Upon receipt of the application for | 14 |
| registration in proper form, the Office
of Banks and Real | 15 |
| Estate shall issue a notice of filing to the applicant.
Within | 16 |
| 60
days from the date of the notice of filing, the Office of | 17 |
| Banks and Real Estate
shall
enter an order registering the | 18 |
| subdivided lands or rejecting the registration .
If no
order of | 19 |
| rejection is entered within 60 days from the date of receipt | 20 |
| notice of filing,
the
land shall be deemed registered unless | 21 |
| the applicant has consented in writing
to a
delay.
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| (b) If the Department Office of Banks and Real Estate | 23 |
| affirmatively determines, upon
inquiry and examination, that | 24 |
| the requirements of this Act have been met, it
shall
issue a | 25 |
| certificate of registration registering the subdivided lands |
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| and shall
approve
the form of the public property report.
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| (b-5) If the Department affirmatively determines, upon | 3 |
| inquiry and examination, that the exemption requirements of | 4 |
| this Act have been met, it shall issue a written approval. | 5 |
| (c) If the Department Office of Banks and Real Estate | 6 |
| determines, upon inquiry and
examination, that any of the | 7 |
| requirements of this Act have not been met, it
shall
notify the | 8 |
| applicant that the application for registration or exemption | 9 |
| must be corrected
in the
particulars specified within 15 days. | 10 |
| If the requirements are not met within
the
time allowed, the | 11 |
| Department Office of Banks and Real Estate shall enter an order
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| rejecting the
registration or exemption , which shall include | 13 |
| the findings of fact upon which the order is
based.
The order | 14 |
| rejecting the registration shall not become effective for 20 | 15 |
| days,
during
which time the applicant may petition for | 16 |
| reconsideration and shall be entitled
to a
hearing.
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| (d) The Department Office of Banks and Real Estate may | 18 |
| adopt rules authorizing the
subdivider or the subdivider's | 19 |
| agent to file an abbreviated application , as the subdivider's | 20 |
| application
for a
certificate of registration in lieu of some | 21 |
| or all of the requirements of
Section 5-10,
(i) a copy of the | 22 |
| statement of record filed with respect to the subdivision
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| pursuant
to the Federal Interstate Land Sales Full Disclosure | 24 |
| Act if the statement
complies
with the requirements of that Act | 25 |
| and the regulations pertinent to that Act or
(ii) an
acceptable | 26 |
| certificate of registration from another jurisdiction in which |
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| the
requirements for registration are substantially the same or | 2 |
| exceed those
provided
in this Act . Notwithstanding the | 3 |
| requirements of Section 5-10, the Department Office of
Banks | 4 |
| and Real Estate may suspend or revoke any registration under | 5 |
| this Section
that includes any registration, property report, | 6 |
| or similar disclosure
documents
accepted under this subsection | 7 |
| if the registration, property report, or similar
disclosure is | 8 |
| suspended or revoked by the registering state or by the federal
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| government.
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| (e) A certificate of registration issued under this Section | 11 |
| shall expire on
June
30 following the date of issuance. In the | 12 |
| absence of any reason or condition
under
Section 15-5 10-35 | 13 |
| that might warrant the suspension or revocation of a
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| registration, a
certificate shall be renewed upon payment of | 15 |
| the required fee and submission of documentation
as provided by | 16 |
| rule. An exemption issued under this Section shall not expire | 17 |
| or renew. The applicant must notify the Department of any | 18 |
| change in the status of the subdivision under which the | 19 |
| exemption was approved.
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| (Source: P.A. 91-338, eff. 12-30-99.)
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| (765 ILCS 86/5-20)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5-20. Fees.
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| (a) The Department Office of Banks and Real Estate shall | 25 |
| provide, by rule, for fees to
be
paid by applicants and |
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| registrants to cover the reasonable costs of the Department | 2 |
| Office
of
Banks and Real Estate in administering and enforcing | 3 |
| the provisions of this
Act.
The Department Office of Banks and | 4 |
| Real Estate may also provide, by rule, for general fees
to
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| cover the reasonable expenses of carrying out other functions | 6 |
| and
responsibilities
under this Act.
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| (b) All fees collected under this Act shall be paid into | 8 |
| the Real Estate
License
Administration Fund in the State | 9 |
| treasury and appropriated to the Department Office of
Banks
and | 10 |
| Real Estate for administration of this Act or any other Act | 11 |
| administered by
the Department
Office of Banks and Real Estate | 12 |
| and providing revenue to this fund.
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| (c) (Blank). Any person who delivers a check or other | 14 |
| payment to the Office of Banks
and Real Estate that is returned | 15 |
| to the Office of Banks and Real Estate unpaid
by
the financial | 16 |
| institution upon which it is drawn shall pay to the Office of
| 17 |
| Banks
and Real Estate, in addition to the amount already owed | 18 |
| to the Office of Banks
and Real Estate, a fee of $50.
| 19 |
| (d) (Blank). The fees imposed by this Section are in | 20 |
| addition to any other
disciplinary
action provided under this | 21 |
| Act for unlicensed practice or practice on a
non-renewed | 22 |
| license.
| 23 |
| (e) (Blank). The Office of Banks and Real Estate shall | 24 |
| notify the person that payment
of
fees and fines shall be paid | 25 |
| to the Office of Banks and Real Estate by
certified
check or | 26 |
| money order within 30 calendar days of the notification. If, |
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| after
the
expiration of 30 days from the date of the | 2 |
| notification, the person has failed
to
submit the necessary | 3 |
| remittance, the Office of Banks and Real Estate shall
| 4 |
| automatically terminate the certificate of registration or | 5 |
| deny the
application,
without hearing. If, after termination or | 6 |
| denial, the person seeks a
certificate of
registration, he or | 7 |
| she shall apply to the Office of Banks and Real Estate for
| 8 |
| restoration or issuance of the certificate of registration and | 9 |
| pay all fees due
the
Office of Banks and Real Estate. The | 10 |
| Commissioner may waive the fees due
under this Section in | 11 |
| individual cases where the Commissioner finds that the
fees
| 12 |
| would be unreasonable or unnecessarily burdensome.
| 13 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 14 |
| (765 ILCS 86/5-23 new) | 15 |
| Sec. 5-23. Returned checks; fines. Any person who delivers | 16 |
| a check or other payment to the Department that is returned to | 17 |
| the Department unpaid by the financial institution upon which | 18 |
| it is drawn shall pay to the Department, in addition to the | 19 |
| amount already owed to the Department, a fine of $50. The fines | 20 |
| imposed by this Section are in addition to any other discipline | 21 |
| provided under this Act for unregistered practice or practice | 22 |
| on a nonrenewed registration. The Department shall notify the | 23 |
| person that payment of fees and fines shall be paid to the | 24 |
| Department by certified check or money order within 30 calendar | 25 |
| days of the notification. If, after the expiration of 30 days |
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| from the date of the notification, the person has failed to | 2 |
| submit the necessary remittance, the Department shall | 3 |
| automatically terminate the registration or deny the | 4 |
| application, without hearing. If, after termination or denial, | 5 |
| the person seeks a registration, he or she shall apply to the | 6 |
| Department for restoration or issuance of the registration and | 7 |
| pay all fees and fines due to the Department. The Department | 8 |
| may establish a fee for the processing of an application for | 9 |
| restoration of a registration to pay all expenses of processing | 10 |
| this application. The Secretary may waive the fines due under | 11 |
| this Section in individual cases where the Secretary finds that | 12 |
| the fines would be unreasonable or unnecessarily burdensome.
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| (765 ILCS 86/5-25)
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| (Section scheduled to be repealed on January 1, 2010)
| 15 |
| Sec. 5-25. Public property report. When a certificate of | 16 |
| registration
is
granted by the Department Office of Banks and | 17 |
| Real Estate , a copy of the public property
report shall be | 18 |
| given by the owner, subdivider, or agent to each prospective
| 19 |
| purchaser prior to the execution of any binding contract or | 20 |
| agreement for the
sale
of any lot or parcel in a subdivision. A | 21 |
| receipt, in duplicate, shall be taken
from
each purchaser to | 22 |
| evidence compliance with this Section. Receipts taken for
any
| 23 |
| published report shall be kept on file in possession of the | 24 |
| owner, subdivider,
or
agent, subject to inspection by the | 25 |
| Department Office of Banks and Real Estate for 3 years
from the |
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| date the receipt is taken. The report shall not be used for
| 2 |
| advertising
purposes unless the report is used in its entirety. | 3 |
| No portion of the report
shall be
underscored, italicized, or | 4 |
| printed in larger or heavier type than any other
portion
of the | 5 |
| report, unless required by this Act. The report shall contain | 6 |
| the
following
statement:
| 7 |
| If you received this report prior to signing a contract | 8 |
| or agreement, you
may
cancel your contract or agreement by | 9 |
| giving notice to the seller any time
before
midnight of the | 10 |
| seventh day following the signing of the contract or | 11 |
| agreement.
| 12 |
| If you did not receive this report before you signed a | 13 |
| contract or
agreement,
you may cancel the contract or | 14 |
| agreement any time within 2 years from the date
of
signing.
| 15 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 16 |
| (765 ILCS 86/10-15)
| 17 |
| (Section scheduled to be repealed on January 1, 2010)
| 18 |
| Sec. 10-15. Copies of instruments. A copy of the | 19 |
| instruments executed
in
connection with the sale of parcels | 20 |
| within a subdivision shall be kept
available in
this State and | 21 |
| subject to inspection by the Department Office of Banks and | 22 |
| Real Estate .
The Department
Office of Banks and Real Estate | 23 |
| shall be notified of any change of address
affecting the | 24 |
| location of the owner's, subdivider's, or agent's records, or | 25 |
| of
any
change in the depository for purchasers' payments under |
|
|
|
SB0332 Engrossed |
- 17 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| this Act.
| 2 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 3 |
| (765 ILCS 86/10-20)
| 4 |
| (Section scheduled to be repealed on January 1, 2010)
| 5 |
| Sec. 10-20. Sale of encumbered lots prohibited; | 6 |
| exceptions. It is
unlawful
for the owner or subdivider to sell | 7 |
| lots or parcels within a subdivision
subject to a
blanket | 8 |
| encumbrance unless one of the following conditions is met:
| 9 |
| (1) All sums paid or advanced by a purchaser are placed | 10 |
| in an escrow or
other
depository account acceptable to the | 11 |
| Department Office of Banks and Real Estate until (i)
the
| 12 |
| fee title contracted for is delivered to the purchaser by | 13 |
| deed together with
complete release from all financial | 14 |
| encumbrances; (ii) the owner, subdivider,
or
purchaser | 15 |
| defaults and fails to perform under the contract of sale | 16 |
| and there is
final
determination as to the disposition of | 17 |
| such moneys; or (iii) the funds in the
escrow
or other | 18 |
| account are voluntarily returned to the contract | 19 |
| purchaser.
| 20 |
| (2) The fee title to the subdivision is placed in trust | 21 |
| under an agreement
or
trust acceptable to the Department | 22 |
| Office of Banks and Real Estate until a proper release
from
| 23 |
| each blanket encumbrance, including all taxes, is obtained | 24 |
| and title is
delivered to
the purchaser.
| 25 |
| (3) A bond to the State of Illinois is furnished to the |
|
|
|
SB0332 Engrossed |
- 18 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| Department Office of Banks
and Real
Estate for the benefit | 2 |
| and protection of purchasers of such lots or parcels, in
| 3 |
| the
amount and subject to terms approved by the Department | 4 |
| Office of Banks and Real Estate .
The bond shall be executed | 5 |
| by a surety company that is authorized to do
business
in | 6 |
| the State of Illinois and has given consent to be sued in | 7 |
| this State. The
bond
shall provide for the return of moneys | 8 |
| paid or advanced by a purchaser if (i)
the
title contracted | 9 |
| for is not delivered and (ii) a full release from each | 10 |
| blanket
encumbrance is not obtained. If it is determined | 11 |
| that the purchaser, by reason
of
default or otherwise, is | 12 |
| not entitled to the return of those moneys, or any
portion | 13 |
| of
those moneys, then the bond is released by the amount of | 14 |
| moneys to which the
purchaser of parcel is not entitled.
| 15 |
| (4) The blanket encumbrance contains provisions | 16 |
| evidencing the
subordination
of the lien of the holder of | 17 |
| the blanket encumbrance to the rights of those
persons
| 18 |
| purchasing from the subdivider, and further evidencing | 19 |
| that the subdivider is
able
to secure releases from such
| 20 |
| blanket encumbrances with respect to the property.
| 21 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 22 |
| (765 ILCS 86/10-30)
| 23 |
| (Section scheduled to be repealed on January 1, 2010)
| 24 |
| Sec. 10-30.
Failure to pay registration , and inspection , or | 25 |
| renewal fees; civil
penalty.
Any owner, subdivider, or agent |
|
|
|
SB0332 Engrossed |
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LRB096 06382 JAM 16466 b |
|
| 1 |
| who fails to pay the registration, inspection,
or
renewal fees | 2 |
| when due shall be assessed a late fee or civil penalty of $100 | 3 |
| per day for
each day past the due date that the fee is not paid . | 4 |
| Practice by
a
registrant while in a non-renewed status | 5 |
| constitutes unregistered practice.
Any
penalties collected | 6 |
| under this Act shall be deposited into the Real Estate
License
| 7 |
| Administration Fund.
| 8 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 9 |
| (765 ILCS 86/15-5)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 15-5. Disciplinary action; civil penalty.
| 12 |
| (a) The Department may refuse to issue or renew, or may | 13 |
| revoke, suspend, place on probation, reprimand, or take other | 14 |
| disciplinary or non-disciplinary action as the Department may | 15 |
| deem appropriate, including imposing fines not to exceed | 16 |
| $25,000 for each violation, with regard to any registration for | 17 |
| any one or combination of the following: Office
of
Banks and | 18 |
| Real Estate may refuse to issue or renew any certificate of
| 19 |
| registration, or revoke or suspend
any
certificate of | 20 |
| registration, or place on probation or administrative
| 21 |
| supervision or reprimand a registrant registered under this | 22 |
| Act, or impose a
civil penalty not to exceed $25,000, for any | 23 |
| one or
any
combination of the following causes:
| 24 |
| (1) Violations of this Act, or of the rules promulgated | 25 |
| under this Act. A registrant's disregard or violation of |
|
|
|
SB0332 Engrossed |
- 20 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| any provision of this Act or
of
the
rules adopted by the | 2 |
| Office of Banks and Real Estate to enforce this Act.
| 3 |
| (2) (Blank). A conviction of the registrant or any | 4 |
| principal of the registrant of
(i) a
felony under the laws | 5 |
| of any U.S. jurisdiction, (ii) a misdemeanor under the
laws
| 6 |
| of any U.S. jurisdiction if an essential element of the | 7 |
| offense is dishonesty,
or (iii)
a crime under the laws of | 8 |
| any U.S. jurisdiction if the crime relates directly
to the
| 9 |
| practice of the profession regulated by this Act.
| 10 |
| (3) A registrant's making any misrepresentation for | 11 |
| the purpose of
obtaining an exemption or certificate of | 12 |
| registration a
registration or certificate .
| 13 |
| (4) Disciplinary action against a registrant by | 14 |
| another U.S. jurisdiction,
state agency,
or
foreign nation | 15 |
| regarding the making of land sales regulated by this Act,
| 16 |
| if at
least one of the grounds for the discipline is the | 17 |
| same as or substantially
equivalent to one of those set | 18 |
| forth in this Act.
| 19 |
| (5) A finding by the Department Office of Banks and | 20 |
| Real Estate that the registrant,
after
having his or her | 21 |
| registration placed on probationary status, has violated | 22 |
| the
terms
of probation.
| 23 |
| (6) A registrant's practicing or attempting to | 24 |
| practice under a name other
than the name as shown on his | 25 |
| or her registration or any other legally
authorized
name.
| 26 |
| (7) (Blank). A registrant's failure to file a return, |
|
|
|
SB0332 Engrossed |
- 21 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| or to pay the tax, penalty,
or
interest
shown in a filed | 2 |
| return, or to pay any final assessment of tax, penalty, or
| 3 |
| interest,
as required by any tax Act administered by the | 4 |
| Illinois Department of Revenue,
until the requirements of | 5 |
| any such tax Act are satisfied.
| 6 |
| (8) A registrant's engaging in dishonorable, | 7 |
| unethical, or unprofessional
conduct of a character likely | 8 |
| to deceive, defraud, or harm the public.
| 9 |
| (9) A registrant's aiding or abetting another person or | 10 |
| persons in
disregarding
or violating any provision of this | 11 |
| Act or of the rules adopted by the Department Office of
| 12 |
| Banks and Real Estate to enforce this Act.
| 13 |
| (10) Any representation in any document or information | 14 |
| filed with the Department
Office
of Banks and Real Estate | 15 |
| which is false or misleading.
| 16 |
| (11) A registrant's disseminating or causing to be | 17 |
| disseminated any false
or
misleading promotional materials | 18 |
| or advertisements in connection with a
registered | 19 |
| subdivision.
| 20 |
| (12) A registrant's concealing, diverting, or | 21 |
| disposing of any funds or
assets
of
any person in a manner | 22 |
| that impairs the rights of purchasers of lots within a
| 23 |
| registered subdivision.
| 24 |
| (13) A registrant's failure to perform any stipulation | 25 |
| or agreement made
to
induce the Department Office of Banks | 26 |
| and Real Estate to issue an order relating to the
|
|
|
|
SB0332 Engrossed |
- 22 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| registered subdivision.
| 2 |
| (14) A registrant's engaging in any act that | 3 |
| constitutes a violation of
Section
3-102, 3-103, 3-104, or | 4 |
| 3-105 of the Illinois Human Rights Act.
| 5 |
| (15) A registrant's failure to provide information | 6 |
| requested in writing by
the
Department Office of Banks and | 7 |
| Real Estate , within 30 days of the request , either as the
| 8 |
| result
of a formal or informal complaint to the Office of | 9 |
| Banks and Real Estate or as
a result of a random audit | 10 |
| conducted by the Office of Banks and Real Estate,
which | 11 |
| would indicate a violation of this Act .
| 12 |
| (16) A registrant's failure to account for or remit any | 13 |
| escrow funds
coming
into his or her possession which | 14 |
| belonged to others.
| 15 |
| (17) A registrant's failure to make available to | 16 |
| Department Office of Banks and Real
Estate
personnel during | 17 |
| normal business hours all escrow records and related | 18 |
| documents
maintained in connection therewith, within 24 | 19 |
| hours of a request from Department Office of
Banks and Real | 20 |
| Estate personnel.
| 21 |
| (18) A registrant's failure to comply with any | 22 |
| provision of this Act or
the rules
implementing this Act, | 23 |
| or any order made by the Department Office of Banks and | 24 |
| Real
Estate .
| 25 |
| (19) A person's offering for sale, as an agent, | 26 |
| salesman, or broker for a
subdivider, developer, or owner, |
|
|
|
SB0332 Engrossed |
- 23 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| subdivided lands or a subdivision, wherever
situated, | 2 |
| without first complying with this Act.
| 3 |
| (20) A registrant's failure to provide to the purchaser | 4 |
| a translation of
the Illinois
Public Property Report or any | 5 |
| contract, lien, or note as required by this Act.
| 6 |
| (21) A registrant's advertising for sale in this State | 7 |
| any parcel in a
subdivision,
or in any other manner | 8 |
| assisting an owner, subdivider, or developer of a
| 9 |
| subdivision who has not complied with this Act to offer | 10 |
| subdivided land within
this State.
| 11 |
| (22) A registrant's making any material change in the | 12 |
| plan of disposition
and
development of the subdivision or | 13 |
| subdivided lands subsequent to receiving a
certificate of | 14 |
| registration, without obtaining written approval of an | 15 |
| amendment
to the registration.
| 16 |
| (23) A registrant's encumbering a lot or parcel, or | 17 |
| allowing a lot or
parcel to be
encumbered, after a contract | 18 |
| for its sale has been signed by the parties to the
| 19 |
| contract.
| 20 |
| (b) (Blank). A civil penalty imposed under subsection (a) | 21 |
| shall be paid within 60
days after the effective date
of the | 22 |
| order imposing the civil penalty. The order shall constitute a | 23 |
| judgment
and may be filed and execution had thereon in the same | 24 |
| manner as any judgment
from any court of record.
| 25 |
| (c) Violation of tax Acts. The Department may refuse to | 26 |
| issue or renew or may suspend the registration of any person |
|
|
|
SB0332 Engrossed |
- 24 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| who fails to file a return, pay the tax, penalty, or interest | 2 |
| shown in a filed return, or pay any final assessment of tax, | 3 |
| penalty, or interest, as required by any tax Act administered | 4 |
| by the Department of Revenue, until such time as the | 5 |
| requirements of that tax Act are satisfied in accordance with | 6 |
| subsection (g) of Section 2105-15 of the Civil Administrative | 7 |
| Code of Illinois. | 8 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 9 |
| (765 ILCS 86/15-7 new)
| 10 |
| Sec. 15-7. Civil penalties. | 11 |
| (a) In addition to any other penalty provided by law, any | 12 |
| person who violates this Act shall forfeit and pay a civil | 13 |
| penalty to the Department in an amount not to exceed $25,000 | 14 |
| for each violation as determined by the Department. The civil | 15 |
| penalty shall be assessed by the Department in accordance with | 16 |
| the provisions of this Act. | 17 |
| (b) The Department has the authority and power to | 18 |
| investigate any and all unregistered activity. | 19 |
| (c) The civil penalty shall be paid within 60 days after | 20 |
| the effective date of the order imposing the civil penalty. The | 21 |
| order shall constitute a judgment and may be filed and | 22 |
| execution had thereon in the same manner as any judgment from | 23 |
| any court of record. | 24 |
| (d) All moneys collected under this Section shall be | 25 |
| deposited into the Real Estate License Administration Fund.
|
|
|
|
SB0332 Engrossed |
- 25 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| (765 ILCS 86/15-10)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 15-10. Investigation. The Department Office of Banks | 4 |
| and Real Estate may
investigate the actions or qualifications | 5 |
| of any person or persons holding or
claiming to hold a | 6 |
| certificate of registration under this Act. Such a person
is | 7 |
| referred to as "the respondent" in this Article.
| 8 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 9 |
| (765 ILCS 86/15-15)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 15-15.
Disciplinary hearings; record; appointment of | 12 |
| administrative
law judge.
| 13 |
| (a) The Department Office of Banks and Real Estate has the | 14 |
| authority to conduct
hearings
before an administrative law | 15 |
| judge on proceedings to revoke, suspend,
or refuse to issue or | 16 |
| renew a certificate of registration issued under
this
Act, or | 17 |
| to place on probation or administrative supervision or | 18 |
| reprimand a
registrant registered under this Act, or to impose | 19 |
| a civil penalty not to
exceed $25,000 upon any registrant
| 20 |
| registered under this Act.
| 21 |
| (b) The Department Office of Banks and Real Estate , at its | 22 |
| expense, shall preserve a
record
of all proceedings at the | 23 |
| formal hearing of any case involving the refusal to
issue
or | 24 |
| the revocation or suspension of a certificate of registration |
|
|
|
SB0332 Engrossed |
- 26 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| issued under
this Act or involving other discipline of a | 2 |
| registrant registered under this
Act. The notice of
hearing, | 3 |
| complaint, and all other documents in the nature of pleadings | 4 |
| and
written
motions filed in the proceedings, the transcript of | 5 |
| testimony, the report of
the
administrative law judge, and the | 6 |
| orders of the Department Office of Banks and Real Estate
shall | 7 |
| be the record of
proceeding. At all hearings or prehearing | 8 |
| conferences, the Department Office of Banks and
Real Estate and | 9 |
| the respondent shall be entitled to have a court reporter in
| 10 |
| attendance for purposes of transcribing the proceeding or | 11 |
| prehearing
conference.
| 12 |
| (c) The Secretary Commissioner has the authority to appoint | 13 |
| any attorney duly
licensed
to practice law in the State of | 14 |
| Illinois to serve as an administrative law
judge in
any action | 15 |
| for refusal to issue or renew a certificate of registration or | 16 |
| to
discipline
a registrant or person holding a certificate of | 17 |
| registration. The
administrative law
judge has full authority | 18 |
| to conduct the hearing. The administrative law judge
shall
| 19 |
| report his or her findings and recommendations to the Secretary | 20 |
| Commissioner . If the Secretary
Commissioner disagrees with the | 21 |
| recommendation of the administrative law
judge, the Secretary | 22 |
| Commissioner may issue an order in contravention of the
| 23 |
| recommendation.
| 24 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 25 |
| (765 ILCS 86/15-20)
|
|
|
|
SB0332 Engrossed |
- 27 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2010)
| 2 |
| Sec. 15-20. Investigations; notice and hearing. Notice of | 3 |
| proposed disciplinary action; hearing. The Department may | 4 |
| investigate the actions of any applicant or of any person or | 5 |
| persons rendering or offering to render land sales services or | 6 |
| any person holding or claiming to hold a certificate of | 7 |
| registration as a registered land sales developer or | 8 |
| subdivision. The Department shall, before revoking, | 9 |
| suspending, placing on probation, reprimanding, or taking any | 10 |
| other disciplinary action under Section 80 of this Act, at | 11 |
| least 30 days before the date set for the hearing: (i) notify | 12 |
| the accused in writing of the charges made and the time and | 13 |
| place for the hearing on the charges, (ii) direct him or her to | 14 |
| file a written answer to the charges with the Department under | 15 |
| oath within 20 days after the service on him or her of the | 16 |
| notice, and (iii) inform the accused that, if he or she fails | 17 |
| to answer, default will be taken against him or her or that his | 18 |
| or her registration may be suspended, revoked, placed on | 19 |
| probationary status, or other disciplinary action taken with | 20 |
| regard to the registration, including limiting the scope, | 21 |
| nature, or extent of his or her practice, as the Department may | 22 |
| consider proper. At the time and place fixed in the notice, the | 23 |
| Department shall proceed to hear the charges and the parties or | 24 |
| their counsel shall be accorded ample opportunity to present | 25 |
| any pertinent statements, testimony, evidence, and arguments. | 26 |
| The Department may continue the hearing from time to time. In |
|
|
|
SB0332 Engrossed |
- 28 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| case the person, after receiving the notice, fails to file an | 2 |
| answer, his or her registration may, in the discretion of the | 3 |
| Department, be suspended, revoked, placed on probationary | 4 |
| status, or the Department may take whatever disciplinary action | 5 |
| considered proper, including limiting the scope, nature, or | 6 |
| extent of the person's practice or the imposition of a fine, | 7 |
| without a hearing, if the act or acts charged constitute | 8 |
| sufficient grounds for that action under this Act. The written | 9 |
| notice may be served by personal delivery or by certified mail | 10 |
| to the address specified by the accused in his or her last | 11 |
| notification with the Department.
| 12 |
| (a) Before taking any disciplinary action with regard to | 13 |
| any registrant,
the
Office of Banks and Real Estate shall:
| 14 |
| (1) notify the respondent in writing, at least 30 | 15 |
| calendar days prior to
the
date
set for the hearing, of any | 16 |
| charges made, the time and place for the hearing of
the
| 17 |
| charges, and that testimony at the hearing will be heard | 18 |
| under oath; and
| 19 |
| (2) inform the respondent that upon failure to file an | 20 |
| answer and request
a
hearing before the date originally set | 21 |
| for the hearing, default will be taken
against
the | 22 |
| respondent and the respondent's certificate of | 23 |
| registration may be
suspended or revoked, or
other | 24 |
| disciplinary action may be taken against the respondent, as | 25 |
| the Office of
Banks and Real Estate may deem proper.
| 26 |
| (b) If the respondent fails to file an answer after |
|
|
|
SB0332 Engrossed |
- 29 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| receiving notice, the
respondent's certificate of registration | 2 |
| may, in the discretion of the Office
of Banks and
Real
Estate, | 3 |
| be revoked or suspended, or other disciplinary action may be | 4 |
| taken
against the respondent, as deemed proper,
without
a | 5 |
| hearing, if the act or acts charged constitute sufficient | 6 |
| grounds for that
action
under this Act.
| 7 |
| (c) At the time and place fixed in the notice, the Office | 8 |
| of Banks and Real
Estate shall proceed to hearing of the | 9 |
| charges. Both the respondent and the
complainant shall be | 10 |
| accorded ample opportunity to present in person, or by
counsel, | 11 |
| statements, testimony, evidence, and argument that may be | 12 |
| pertinent to
the charges or any defense to the charges.
| 13 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 14 |
| (765 ILCS 86/15-25)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 15-25. Subpoenas; attendance of witnesses; oaths.
| 17 |
| (a) The Department Office of Banks and Real Estate has the | 18 |
| power to issue subpoenas ad
testificandum and to bring before | 19 |
| it any persons, and to take testimony either
orally or by | 20 |
| deposition, or both, with the same fees and mileage and in the
| 21 |
| same
manner as prescribed in civil cases in the courts of this | 22 |
| State. The Department Office of
Banks
and Real Estate has the | 23 |
| power to issue subpoenas duces tecum and to bring
before
it any | 24 |
| documents, papers, files, books, and records, with the same | 25 |
| costs and in
the
same manner as prescribed in civil cases in |
|
|
|
SB0332 Engrossed |
- 30 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| the courts of this State.
| 2 |
| (b) Upon application of the Department Office of Banks and | 3 |
| Real Estate or its designee
or
of the applicant, registrant, or | 4 |
| person holding a certificate of registration
against
whom | 5 |
| proceedings under this Act are pending, any circuit court may | 6 |
| enter an
order compelling the enforcement of any subpoena | 7 |
| issued by the Department Office of Banks
and Real Estate in | 8 |
| connection with any hearing or investigation.
| 9 |
| (c) The Secretary Commissioner and the designated | 10 |
| administrative law judge have power
to administer oaths to | 11 |
| witnesses at any hearing that the Department Office of Banks | 12 |
| and
Real
Estate is authorized to conduct under this Act.
| 13 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 14 |
| (765 ILCS 86/15-30)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 15-30.
Administrative law judge's findings of fact, | 17 |
| conclusions of
law,
and recommendations. At the conclusion of | 18 |
| the hearing, the administrative law
judge shall present to the | 19 |
| Secretary Commissioner a written report of the administrative
| 20 |
| law
judge's findings of fact, conclusions of law, and | 21 |
| recommendations regarding
discipline or a civil penalty. The | 22 |
| report shall contain a finding of whether
or not the
respondent | 23 |
| violated this Act or failed to comply with the conditions
| 24 |
| required
in this Act. The administrative law judge shall | 25 |
| specify the nature of the
violation
or failure to comply.
If |
|
|
|
SB0332 Engrossed |
- 31 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| the Secretary Commissioner disagrees in any regard with the | 2 |
| report of the
administrative law judge, the Secretary | 3 |
| Commissioner may issue an order in contravention
of the report. | 4 |
| The Commissioner shall provide a written report to the
| 5 |
| administrative law judge on any deviation and shall specify | 6 |
| with particularity
the
reasons for that action in the final | 7 |
| order.
| 8 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 9 |
| (765 ILCS 86/15-35)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 15-35. Rehearing. After any hearing involving | 12 |
| disciplinary action
against a
registrant, a copy of the | 13 |
| administrative law judge's report shall be served on
the
| 14 |
| respondent by the Department Office of Banks and Real Estate , | 15 |
| either personally or as
provided in this Act for the service of | 16 |
| the notice of hearing. Within 20
calendar
days after the | 17 |
| service, the respondent may present to the Department Office of | 18 |
| Banks and
Real
Estate a motion in writing for a rehearing. The | 19 |
| motion shall specify the
particular grounds for rehearing.
If | 20 |
| the respondent orders a transcript of the record from the | 21 |
| reporting service
and pays for it within the time for filing a | 22 |
| motion for rehearing, the 20
calendar
day period within which a | 23 |
| motion for rehearing may be filed shall commence upon
the | 24 |
| delivery of the transcript to the respondent.
| 25 |
| If no motion for rehearing is filed, then upon the |
|
|
|
SB0332 Engrossed |
- 32 - |
LRB096 06382 JAM 16466 b |
|
| 1 |
| expiration of the time
specified for filing a motion, or if a | 2 |
| motion for rehearing is denied, then
upon
denial, the Secretary | 3 |
| Commissioner may enter an order in accordance with the
| 4 |
| recommendations of the administrative law judge, except as | 5 |
| otherwise provided
in this Article.
Whenever the Secretary | 6 |
| Commissioner is not satisfied that substantial justice has been
| 7 |
| done in the hearing or in the administrative law judge's | 8 |
| report,
the Secretary Commissioner
may order a rehearing by the | 9 |
| same or some other duly qualified administrative
law judge.
| 10 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 11 |
| (765 ILCS 86/15-40)
| 12 |
| (Section scheduled to be repealed on January 1, 2010)
| 13 |
| Sec. 15-40. Disciplinary consent orders. Notwithstanding | 14 |
| any other
provisions of this Act concerning
the conduct of | 15 |
| hearings and recommendations for disciplinary actions, the | 16 |
| Department
Office
of Banks and Real Estate has the authority to | 17 |
| negotiate agreements with
registrants
and applicants resulting | 18 |
| in disciplinary or non-disciplinary consent orders. Any such | 19 |
| consent
order
may provide for any form of discipline provided | 20 |
| for in the Act. Any such
consent
order shall provide that it is | 21 |
| not entered into as a result of any coercion by
the
Department | 22 |
| Office of Banks and Real Estate . The consent order shall be | 23 |
| final upon signature of the Secretary Any such consent order | 24 |
| shall be accepted by
signature or rejected by the Commissioner | 25 |
| in a timely manner .
|
|
|
|
SB0332 Engrossed |
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LRB096 06382 JAM 16466 b |
|
| 1 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 2 |
| (765 ILCS 86/15-45)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 15-45. Order or certified copy. An order or a | 5 |
| certified copy of
an
order, over the seal of the Department | 6 |
| Office of Banks and Real Estate and purporting to
be
signed by | 7 |
| the Secretary Commissioner , shall be prima facie proof of the | 8 |
| following:
| 9 |
| (1) That the signature is the genuine signature of the | 10 |
| Secretary Commissioner .
| 11 |
| (2) That the Secretary Commissioner is duly appointed | 12 |
| and qualified.
| 13 |
| (3) That the administrative law judge is duly appointed | 14 |
| and qualified.
| 15 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 16 |
| (765 ILCS 86/15-50)
| 17 |
| (Section scheduled to be repealed on January 1, 2010)
| 18 |
| Sec. 15-50. Restoration of certificate of registration. | 19 |
| Upon petition, after the successful completion of the term of | 20 |
| At any time
after the
suspension or revocation of any | 21 |
| certificate of registration, the Department Office of
Banks and
| 22 |
| Real Estate may restore the certificate of registration to the | 23 |
| respondent
upon
the written recommendation of the | 24 |
| administrative law judge, unless after an
investigation and a |
|
|
|
SB0332 Engrossed |
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LRB096 06382 JAM 16466 b |
|
| 1 |
| hearing the administrative law judge determines that
| 2 |
| restoration is not in the public interest.
| 3 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 4 |
| (765 ILCS 86/15-55)
| 5 |
| (Section scheduled to be repealed on January 1, 2010)
| 6 |
| Sec. 15-55. Surrender of certificate of registration. Upon | 7 |
| the
revocation or
suspension of a certificate of registration, | 8 |
| the registrant shall immediately
surrender the certificate of | 9 |
| registration to the Department Office of Banks and Real
Estate . | 10 |
| If
the registrant fails to do so, the Department Office of | 11 |
| Banks and Real Estate has the
right to
seize the certificate of | 12 |
| registration.
| 13 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 14 |
| (765 ILCS 86/15-60)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 15-60. Administrative Review Law ; transcripts; | 17 |
| certifications of record; costs . All final administrative
| 18 |
| decisions
of the Department Office of Banks and Real Estate | 19 |
| under this Act are subject to judicial
review
under the | 20 |
| Administrative Review Law and the rules implementing that Law. | 21 |
| The
term "administrative decision" is defined as in Section | 22 |
| 3-101 of the Code of
Civil
Procedure.
Proceedings for judicial | 23 |
| review shall be commenced in the circuit court of the
county in | 24 |
| which the party applying for review resides, but if the party
|
|
|
|
SB0332 Engrossed |
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LRB096 06382 JAM 16466 b |
|
| 1 |
| is not a
resident of this State, the venue shall be in Cook or | 2 |
| Sangamon County.
| 3 |
| Pending the court's final decision on administrative | 4 |
| review, the acts,
orders,
sanctions, and rulings of the | 5 |
| Department Office of Banks and Real Estate regarding any
| 6 |
| registration shall remain in full force and effect unless | 7 |
| modified or suspended
by
court order pending a final judicial | 8 |
| decision.
| 9 |
| The Department, at its own expense, shall preserve a record | 10 |
| of all proceedings at the formal hearing of a case involving | 11 |
| the refusal to issue or renew a registration. The notice of | 12 |
| hearing, complaint, and all other documents in the nature of | 13 |
| pleadings and written motions filed in the proceedings, the | 14 |
| transcript of testimony, the report, and orders of the | 15 |
| Department shall be in the record of the proceeding. | 16 |
| The Department shall not be required to certify any record | 17 |
| to the court or file any answer in court or otherwise appear in | 18 |
| any court in a judicial review proceeding unless there is filed | 19 |
| in the court a receipt from the Department acknowledging | 20 |
| payment of the costs of furnishing and certifying the record, | 21 |
| which shall be computed at the rate of 20 cents per page of the | 22 |
| record. Failure on the part of a plaintiff to file a receipt in | 23 |
| court shall be grounds for dismissal of the action. | 24 |
| The Office of Banks and Real
Estate
shall not be required | 25 |
| to certify any record to the court or file any answer
in court
| 26 |
| or otherwise appear in any court in a judicial review |
|
|
|
SB0332 Engrossed |
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LRB096 06382 JAM 16466 b |
|
| 1 |
| proceeding unless
there is
filed in the court, with the | 2 |
| complaint, a receipt from the Office of Banks and
Real
Estate | 3 |
| acknowledging payment of the costs of furnishing and certifying | 4 |
| the
record.
Failure on the part of the plaintiff to file a | 5 |
| receipt in the court is grounds
for
dismissal of the action.
| 6 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 7 |
| (765 ILCS 86/15-65)
| 8 |
| (Section scheduled to be repealed on January 1, 2010)
| 9 |
| Sec. 15-65. Public interest, safety, or welfare; summary | 10 |
| suspension. The Secretary
Commissioner may temporarily
suspend | 11 |
| any registration pursuant to this Act, without hearing, | 12 |
| simultaneously
with the institution of proceedings for a | 13 |
| hearing provided for in this Section,
if the
Secretary | 14 |
| Commissioner finds that the evidence indicates that imminent | 15 |
| danger exists to the public interest,
safety, or
welfare | 16 |
| imperatively requires emergency action . If the Secretary | 17 |
| Commissioner
temporarily
suspends any registration without a | 18 |
| hearing, a hearing must be held within 30
calendar days after | 19 |
| the suspension. The person whose registration is suspended
may | 20 |
| seek a continuance of the hearing, during which the suspension | 21 |
| shall remain
in effect. The proceeding shall be concluded | 22 |
| without appreciable delay.
| 23 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 24 |
| (765 ILCS 86/15-70)
|
|
|
|
SB0332 Engrossed |
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LRB096 06382 JAM 16466 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2010)
| 2 |
| Sec. 15-70. Non-registered practice; civil penalty; | 3 |
| injunction.
| 4 |
| (a) Any person who practices, offers to practice, attempts | 5 |
| to practice, or
holds
himself or herself out to practice as a | 6 |
| registrant under this Act without being
registered under this | 7 |
| Act shall, in addition to any other penalty provided by
law,
| 8 |
| pay a civil penalty to the Department Office of Banks and Real | 9 |
| Estate in an amount not to
exceed $25,000 for each offense as | 10 |
| determined by the Department Office of Banks and Real
Estate . | 11 |
| The civil penalty shall be assessed by the Department Office of | 12 |
| Banks and Real
estate
after a hearing is held in accordance | 13 |
| with the provisions set forth in this Act
regarding the | 14 |
| provision of a hearing for the discipline of a registration.
| 15 |
| (b) Whenever, in the opinion of the Department, a person | 16 |
| violates any provision of this Act, the Department may issue a | 17 |
| rule to show cause why an order to cease and desist should not | 18 |
| be entered against that person. The rule shall clearly set | 19 |
| forth the grounds relied upon by the Department and shall allow | 20 |
| at least 7 days after the date of the rule to file an answer | 21 |
| satisfactory to the Department. Failure to answer to the | 22 |
| satisfaction of the Department shall cause an order to cease | 23 |
| and desist to be issued The Office of Banks and Real Estate has | 24 |
| the authority and power to
investigate any and all activity | 25 |
| subject to registration under
this Act .
| 26 |
| (c) A civil penalty imposed under subsection (a) shall be |
|
|
|
SB0332 Engrossed |
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LRB096 06382 JAM 16466 b |
|
| 1 |
| paid within 60
days after the effective date
of
the
order | 2 |
| imposing the civil penalty. The order shall constitute a | 3 |
| judgment and
may
be filed and execution had thereon in the same | 4 |
| manner as any judgment from any
court of record.
| 5 |
| (d) Engaging in the sale of land located outside the State | 6 |
| of Illinois but
offered
for sale in Illinois by any entity not | 7 |
| holding a valid and current registration
under
this Act is | 8 |
| declared to be inimical to the public welfare, to constitute a
| 9 |
| public
nuisance, and to cause irreparable harm to the public | 10 |
| welfare. The Secretary
Commissioner ,
the Attorney General, the | 11 |
| State's Attorney of any county in the State, or any
person may | 12 |
| maintain an action in the name of the People of the State of
| 13 |
| Illinois,
and may apply for injunctive relief in any circuit | 14 |
| court to enjoin the entity
from
engaging in the conduct | 15 |
| prohibited under this subsection. Upon the filing of a
verified | 16 |
| petition in the
court, the
court, if satisfied by affidavit or | 17 |
| otherwise that the entity has been engaged
in
that conduct | 18 |
| without a valid and current registration, may enter a temporary
| 19 |
| restraining order without notice or bond, enjoining the | 20 |
| defendant from such
further
conduct. Only the showing of | 21 |
| nonregistration, by affidavit or otherwise, is
necessary in | 22 |
| order for a temporary injunction to issue. A copy of the | 23 |
| verified
complaint shall be served upon the defendant and the | 24 |
| proceedings shall
thereafter
be conducted as in other civil | 25 |
| cases except as modified by this Section. If it
is
established | 26 |
| that the defendant has been or is engaged in such unlawful
|
|
|
|
SB0332 Engrossed |
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LRB096 06382 JAM 16466 b |
|
| 1 |
| conduct,
the court may enter an order or judgment perpetually | 2 |
| enjoining the defendant
from further
unlawful conduct. In all | 3 |
| proceedings hereunder, the court, in its discretion,
may
| 4 |
| apportion the costs among the parties interested in the action, | 5 |
| including cost
of
filing the complaint, service of process, | 6 |
| witness fees and expenses, court
reporter
charges and | 7 |
| reasonable attorneys' fees. In the case of a violation of any
| 8 |
| injunctive
order entered under the provisions of this Section, | 9 |
| the court may summarily try
and punish the offender for | 10 |
| contempt of court. Proceedings for an injunction
under this | 11 |
| Section shall be in addition to, and not in lieu of, all | 12 |
| penalties
and other
remedies provided in this Act.
| 13 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 14 |
| (765 ILCS 86/15-75)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 15-75. Cease and desist orders. The Department Office | 17 |
| of Banks and Real
Estate
may issue a cease and desist order to | 18 |
| any person who engages in any activity
prohibited by this Act. | 19 |
| Any person in violation of a cease and desist order
entered
by | 20 |
| the Department Office of Banks and Real Estate is subject to | 21 |
| all of the remedies
provided by law.
| 22 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 23 |
| (765 ILCS 86/20-5)
| 24 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
|
SB0332 Engrossed |
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LRB096 06382 JAM 16466 b |
|
| 1 |
| Sec. 20-5. Administration of Act. The Department Office of | 2 |
| Banks and Real Estate
shall exercise the powers and duties | 3 |
| prescribed by the Civil Administrative
Code
of Illinois and | 4 |
| shall exercise other powers and duties necessary for
| 5 |
| effectuating the
purposes of this Act. The Department Office of | 6 |
| Banks and Real Estate may contract with
third
parties for | 7 |
| services necessary for the proper administration of this Act. | 8 |
| The Department
Office
of Banks and Real Estate has the | 9 |
| authority to establish public policies and
procedures | 10 |
| necessary for the administration of this Act.
| 11 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 12 |
| (765 ILCS 86/20-10)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 20-10. Administrative rules. The Department Office of | 15 |
| Banks and Real Estate
shall adopt rules for the implementation | 16 |
| and enforcement of this Act.
| 17 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 18 |
| (765 ILCS 86/20-15)
| 19 |
| (Section scheduled to be repealed on January 1, 2010)
| 20 |
| Sec. 20-15. Investigation of subdivisions. The Department | 21 |
| may Office of Banks and
Real
Estate shall investigate any every | 22 |
| subdivision offered for sale in this State and
may:
| 23 |
| (1) Require the applicant to submit reports prepared by | 24 |
| competent
engineers
concerning any hazard to which any |
|
|
|
SB0332 Engrossed |
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LRB096 06382 JAM 16466 b |
|
| 1 |
| subdivision offered for sale is subject in
the
opinion of | 2 |
| the Department Office of Banks and Real Estate , or any | 3 |
| factor that affects the
utility
of lots or parcels within | 4 |
| the subdivision, and require evidence of compliance.
| 5 |
| (2) Make an on-site inspection of each subdivision. In | 6 |
| connection with
any
on-site inspection, the owner, | 7 |
| subdivider, or agent shall defray all expenses
incurred by | 8 |
| the inspector in the course of the inspection.
| 9 |
| (3) Make additional on-site inspections of each | 10 |
| subdivision for which the
owner, subdivider, or agent shall | 11 |
| defray all expenses incurred by the inspector
in
the course | 12 |
| of the inspection.
| 13 |
| (4) Require the owner, subdivider, or agent to deposit | 14 |
| the expenses to be
incurred in any inspection, in advance, | 15 |
| based upon an estimate by the Department Office of
Banks | 16 |
| and Real Estate of the expenses likely to be incurred.
| 17 |
| (5) In those cases where an on-site inspection of any | 18 |
| subdivision has been
made under the provisions of this Act, | 19 |
| waive an inspection of a subsequent
registration submitted | 20 |
| as an amendment to the registration covering subdivided
| 21 |
| land to be sold under the same common promotional plan. An | 22 |
| inspection of the
subsequent registration may be made in | 23 |
| connection with the next succeeding
on-site inspection.
| 24 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 25 |
| (765 ILCS 86/20-20)
|
|
|
|
SB0332 Engrossed |
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LRB096 06382 JAM 16466 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2010)
| 2 |
| Sec. 20-20. Forms. The Department Office of Banks and Real | 3 |
| Estate may
prescribe forms and procedures for submitting to the | 4 |
| Department Office of Banks and
Real Estate .
| 5 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 6 |
| (765 ILCS 86/20-25)
| 7 |
| (Section scheduled to be repealed on January 1, 2010)
| 8 |
| Sec. 20-25. Real Estate License Administration Fund. All | 9 |
| fees
collected for registration and for civil penalties | 10 |
| pursuant to this Act and
administrative rules adopted under | 11 |
| this Act shall be deposited into the Real
Estate Administration | 12 |
| Fund. The moneys deposited in the Real Estate
Administration | 13 |
| License Fund shall be appropriated to the Department Office of | 14 |
| Banks
and Real Estate for expenses for the administration and | 15 |
| enforcement of this
Act.
| 16 |
| (Source: P.A. 91-338, eff. 12-30-99.)
| 17 |
| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law. |
|