Full Text of SB1539 97th General Assembly
SB1539ham001 97TH GENERAL ASSEMBLY | Rep. Angelo Saviano Filed: 5/10/2011
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| 1 | | AMENDMENT TO SENATE BILL 1539
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1539 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.22 and by adding Section 4.32 as follows:
| 6 | | (5 ILCS 80/4.22)
| 7 | | Sec. 4.22. Acts repealed on January 1, 2012. The following
| 8 | | Acts are repealed on January 1, 2012:
| 9 | | The Detection of Deception Examiners Act.
| 10 | | The Home Inspector License Act.
| 11 | | The Interior Design Title Act.
| 12 | | The Massage Licensing Act.
| 13 | | The Petroleum Equipment Contractors Licensing Act.
| 14 | | The Professional Boxing Act.
| 15 | | The Real Estate Appraiser Licensing Act of 2002.
| 16 | | The Water Well and Pump Installation Contractor's License |
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| 1 | | Act.
| 2 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 3 | | (5 ILCS 80/4.32 new) | 4 | | Sec. 4.32. Act repealed on January 1, 2022. The following | 5 | | Act is repealed on January 1, 2022: | 6 | | The Real Estate Appraiser Licensing Act of 2002. | 7 | | Section 10. The Real Estate Appraiser Licensing Act of 2002 | 8 | | is amended changing Sections 1-10, 5-5, 5-55, 10-5, 10-10, | 9 | | 10-20, 15-10, 15-30, and 25-15 and by adding Sections 10-17 and | 10 | | 15-65 as 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| 12 | | (Section scheduled to be repealed on January 1, 2012)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 | | "Address of record" means the designated address recorded | 22 | | by the Department in the applicant's or licensee's application | 23 | | file or license file as maintained by the Department's |
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| 1 | | licensure maintenance unit. It is the duty of the applicant or | 2 | | licensee to inform the Department of any change of address and | 3 | | those changes must be made either through the Department's | 4 | | website or by contacting the Department. | 5 | | "Applicant" means person who applies to the Department
for | 6 | | a license under this Act.
| 7 | | "Appraisal" means
(noun) the act or process of developing | 8 | | an opinion
of value; an
opinion of value (adjective) of or | 9 | | pertaining to appraising
and related functions, such as | 10 | | appraisal practice or appraisal services. | 11 | | "Appraisal assignment" means a valuation service provided | 12 | | as a consequence of an agreement between an appraiser and a | 13 | | client. | 14 | | "Appraisal consulting" means the act or process of | 15 | | developing an analysis, recommendation, or opinion to solve a | 16 | | problem, where an opinion of value is a component of the | 17 | | analysis leading to the assignment results. | 18 | | "Appraisal firm" means an appraisal entity that is 100% | 19 | | owned and controlled by a person or persons licensed in | 20 | | Illinois as a certified general real estate appraiser or a | 21 | | certified residential real estate appraiser. "Appraisal firm" | 22 | | does not include an appraisal management company. | 23 | | "Appraisal management company" means any corporation, | 24 | | limited liability company, partnership, sole proprietorship, | 25 | | subsidiary, unit, or other business entity that directly or | 26 | | indirectly performs the following appraisal management |
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| 1 | | services: (1) administers networks of independent contractors | 2 | | or employee appraisers to perform real estate appraisal | 3 | | assignments for clients; (2) receives requests for real estate | 4 | | appraisal services from clients and, for a fee paid by the | 5 | | client, enters into an agreement with one or more independent | 6 | | appraisers to perform the real estate appraisal services | 7 | | contained in the request; or (3) otherwise serves as a | 8 | | third-party broker of appraisal management services between | 9 | | clients and appraisers. "Appraisal management company" does | 10 | | not include an appraisal firm. | 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.
| 19 | | "Appraisal review" means the act or process of developing | 20 | | and communicating an opinion about the quality of another | 21 | | appraiser's work that was performed as part of an appraisal, | 22 | | appraisal review, or appraisal assignment.
| 23 | | "Appraisal Subcommittee" means the Appraisal Subcommittee | 24 | | of the Federal
Financial Institutions
Examination Council as | 25 | | established by Title XI.
| 26 | | "Appraiser" means a person who performs
real estate or real |
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| 1 | | property
appraisals.
| 2 | | "AQB" means the Appraisal Qualifications Board of the | 3 | | Appraisal Foundation.
| 4 | | "Associate real estate trainee appraiser" means an | 5 | | entry-level appraiser who holds
a license of this | 6 | | classification under this Act with restrictions as to the scope | 7 | | of practice
in
accordance with this Act.
| 8 | | "Board" means the Real Estate Appraisal Administration and | 9 | | Disciplinary Board.
| 10 | | "Classroom hour" means 50 minutes of instruction out of | 11 | | each 60 minute
segment of coursework.
| 12 | | "Client" means the party or parties who engage an appraiser | 13 | | by employment or contract in a specific appraisal assignment.
| 14 | | "Coordinator" means the Coordinator of Real Estate | 15 | | Appraisal of the Division of Professional Regulation of the | 16 | | Department of Financial and Professional Regulation.
| 17 | | "Department" means the Department of Financial and | 18 | | Professional Regulation.
| 19 | | "Federal financial institutions regulatory agencies" means | 20 | | the Board of
Governors of the Federal Reserve
System, the | 21 | | Federal Deposit Insurance Corporation, the Office of the
| 22 | | Comptroller of the Currency, the
Office of Thrift Supervision, | 23 | | and the National Credit Union Administration.
| 24 | | "Federally related transaction" means any real | 25 | | estate-related financial
transaction in which a federal
| 26 | | financial institutions regulatory agency, the Department of |
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| 1 | | Housing
and Urban Development, Fannie Mae, Freddie Mae, or the | 2 | | National
Credit Union Administration
engages in, contracts | 3 | | for, or
regulates and requires the services
of an appraiser.
| 4 | | "Financial institution" means any bank, savings bank, | 5 | | savings and loan
association, credit union,
mortgage broker, | 6 | | mortgage banker, licensee under the Consumer Installment Loan
| 7 | | Act or the Sales
Finance Agency Act, or a corporate fiduciary, | 8 | | subsidiary, affiliate, parent
company, or holding company
of | 9 | | any such licensee, or any institution involved in real estate | 10 | | financing that
is regulated by state or
federal law.
| 11 | | "Modular Course" means the Appraisal Qualifying Course | 12 | | Design conforming to the Sub Topics Course Outline contained in | 13 | | the AQB Criteria 2008.
| 14 | | "Person" means an individual, entity, sole proprietorship, | 15 | | corporation, limited liability company, partnership, and joint | 16 | | venture, foreign or domestic, except that when the context | 17 | | otherwise requires, the term may refer to more than one | 18 | | individual or other described entity. | 19 | | "Real estate" means an identified parcel or tract of land, | 20 | | including any
improvements.
| 21 | | "Real estate related financial transaction" means any | 22 | | transaction involving:
| 23 | | (1) the sale, lease, purchase, investment in, or | 24 | | exchange of real
property,
including interests
in property | 25 | | or the financing thereof;
| 26 | | (2) the refinancing of real property or interests in |
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| 1 | | real property; and
| 2 | | (3) the use of real property or interest in property as | 3 | | security for a
loan or
investment,
including mortgage | 4 | | backed securities.
| 5 | | "Real property" means the interests, benefits, and rights | 6 | | inherent in the
ownership of real estate.
| 7 | | "Secretary" means the Secretary of Financial and | 8 | | Professional Regulation.
| 9 | | "State certified general real estate
appraiser" means an | 10 | | appraiser who holds a
license of this classification under this | 11 | | Act
and such classification applies to
the appraisal of all | 12 | | types of real property without restrictions as to
the scope of | 13 | | practice.
| 14 | | "State certified residential real estate
appraiser" means | 15 | | an appraiser who
holds a
license of this classification
under | 16 | | this Act
and such classification applies to
the appraisal of
| 17 | | one to 4 units of
residential real property without regard to | 18 | | transaction value or complexity,
but with restrictions as to | 19 | | the
scope of practice
in a federally related transaction in | 20 | | accordance with Title
XI, the provisions of USPAP,
criteria | 21 | | established by the AQB, and further defined by rule.
| 22 | | "Supervising appraiser" means either (i) an appraiser who | 23 | | holds a valid license under this Act as either a State | 24 | | certified general real estate appraiser or a State certified | 25 | | residential real estate appraiser, who co-signs an appraisal | 26 | | report for an associate real estate trainee appraiser or (ii) a |
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| 1 | | State certified general real estate appraiser who holds a valid | 2 | | license under this Act who co-signs an appraisal report for a | 3 | | State certified residential real estate appraiser on | 4 | | properties other than one to 4 units of residential real | 5 | | property without regard to transaction value or complexity.
| 6 | | "Title XI" means Title XI of the federal Financial | 7 | | Institutions Reform,
Recovery and
Enforcement Act of 1989.
| 8 | | "USPAP" means the Uniform Standards of Professional | 9 | | Appraisal Practice as
promulgated by the
Appraisal Standards | 10 | | Board pursuant to Title XI and by rule.
| 11 | | "Valuation services" means services pertaining to aspects | 12 | | of property value. | 13 | | (Source: P.A. 96-844, eff. 12-23-09.)
| 14 | | (225 ILCS 458/5-5)
| 15 | | (Section scheduled to be repealed on January 1, 2012)
| 16 | | Sec. 5-5. Necessity of license; use of title; exemptions.
| 17 | | (a) It
is unlawful for a person to (i) act, offer services, | 18 | | or advertise services
as a State certified general real estate
| 19 | | appraiser, State certified residential real estate appraiser, | 20 | | or associate real estate trainee appraiser, (ii)
develop a real | 21 | | estate appraisal,
(iii)
practice as a real estate
appraiser, or | 22 | | (iv)
advertise or hold himself or herself out to be a real | 23 | | estate
appraiser , or (v) solicit clients or enter into an | 24 | | appraisal engagement with clients
without a license issued | 25 | | under this Act. A person who
violates this subsection is
guilty |
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| 1 | | of a Class A misdemeanor for a first offense and a Class 4 | 2 | | felony for any subsequent offense.
| 3 | | (a-5) It is unlawful for a person, unless registered as an | 4 | | appraisal management company, to solicit clients or enter into | 5 | | an appraisal engagement with clients without either a certified | 6 | | residential real estate appraiser license or a certified | 7 | | general real estate appraiser license issued under this Act. A | 8 | | person who violates this subsection is guilty of a Class A | 9 | | misdemeanor for a first offense and a Class 4 felony for any | 10 | | subsequent offense. | 11 | | (b) It
is unlawful for a person, other than a
person who | 12 | | holds a valid license issued pursuant to this
Act as a State | 13 | | certified general real estate appraiser, a
State
certified
| 14 | | residential real estate appraiser,
or an associate real estate | 15 | | trainee appraiser to use these titles or any other title, | 16 | | designation, or
abbreviation likely to create the
impression | 17 | | that the person is licensed as a real estate appraiser pursuant | 18 | | to
this Act. A person who
violates this subsection is guilty of | 19 | | a Class A misdemeanor for a first offense and a Class 4 felony | 20 | | for any subsequent offense.
| 21 | | (c)
The licensing requirements of this Act
do not
require a | 22 | | person who holds a
valid license pursuant to the Real Estate | 23 | | License Act of 2000, to be licensed
as a real estate appraiser
| 24 | | under this Act,
unless that person is
providing
or attempting | 25 | | to provide an appraisal report, as defined in Section
1-10 of | 26 | | this Act, in connection with a federally-related transaction. |
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| 1 | | Nothing in this Act shall prohibit a person who holds a valid | 2 | | license under the Real Estate License Act of 2000 from | 3 | | performing a comparative market analysis or broker price | 4 | | opinion for compensation, provided that the person does not | 5 | | hold himself out as being a licensed real estate appraiser. | 6 | | (d) Nothing in this Act shall preclude a State certified | 7 | | general real estate appraiser, a State certified residential | 8 | | real estate appraiser, or an associate real estate trainee | 9 | | appraiser from rendering appraisals for or on behalf of a | 10 | | partnership, association, corporation, firm, or group. | 11 | | However, no State appraisal license or certification shall be | 12 | | issued under this Act to a partnership, association, | 13 | | corporation, firm, or group.
| 14 | | (e) This Act does not apply to a county assessor, township | 15 | | assessor, multi-township assessor, county supervisor of | 16 | | assessments, or any deputy or employee of any county assessor, | 17 | | township assessor, multi-township assessor, or county | 18 | | supervisor of assessments who is performing his or her | 19 | | respective duties in accordance with the provisions of the | 20 | | Property Tax Code.
| 21 | | (f) A State real estate appraisal certification or license | 22 | | is not required under this Act for any of the following: | 23 | | (1) A person, partnership, association, or corporation | 24 | | that performs appraisals of property owned by that person, | 25 | | partnership, association, or corporation for the sole use | 26 | | of that person, partnership, association, or corporation. |
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| 1 | | (2) A court-appointed commissioner who conducts an | 2 | | appraisal pursuant to a judicially ordered evaluation of | 3 | | property. | 4 | | However, any person who is certified or licensed under this Act | 5 | | and who performs any of the activities set forth in this | 6 | | subsection (f) must comply with the provisions of this Act. A | 7 | | person who violates this subsection (f) is guilty of a Class A | 8 | | misdemeanor for a first offense and a Class 4 felony for any | 9 | | subsequent offense. | 10 | | (g) This Act does not apply to an employee, officer, | 11 | | director, or member of a credit or loan committee of a | 12 | | financial institution or any other person engaged by a | 13 | | financial institution when performing an evaluation of real | 14 | | property for the sole use of the financial institution in a | 15 | | transaction for which the financial institution would not be | 16 | | required to use the services of a State licensed or State | 17 | | certified appraiser pursuant to federal regulations adopted | 18 | | under Title XI of the federal Financial Institutions Reform, | 19 | | Recovery, and Enforcement Act of 1989, nor does this Act apply | 20 | | to the procurement of an automated valuation model. | 21 | | "Automated valuation model" means an automated system that | 22 | | is used to derive a property value through the use of publicly | 23 | | available property records and various analytic methodologies | 24 | | such as comparable sales prices, home characteristics, and | 25 | | historical home price appreciations.
| 26 | | (Source: P.A. 96-844, eff. 12-23-09.)
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| 1 | | (225 ILCS 458/5-55)
| 2 | | (Section scheduled to be repealed on January 1, 2012)
| 3 | | Sec. 5-55. Fees. The Department
shall establish rules for | 4 | | fees to be paid by applicants and licensees to
cover the | 5 | | reasonable costs
of the Department
in administering and | 6 | | enforcing the provisions of this Act. The Department , with the | 7 | | advice of the Board,
may
also establish rules for
general fees | 8 | | to cover the reasonable expenses of carrying out other | 9 | | functions
and responsibilities under
this Act.
| 10 | | (Source: P.A. 96-844, eff. 12-23-09.)
| 11 | | (225 ILCS 458/10-5)
| 12 | | (Section scheduled to be repealed on January 1, 2012)
| 13 | | Sec. 10-5. Scope of practice.
| 14 | | (a) This Act does not limit a
State
certified general real | 15 | | estate appraiser
in his or
her scope of practice in
a federally | 16 | | related transaction. A certified general real estate appraiser
| 17 | | may independently provide
appraisal
services, review, or | 18 | | consulting
relating to any type of property for which he or she | 19 | | has experience or
is
competent. All such appraisal
practice | 20 | | must be made in accordance with the provisions of USPAP, | 21 | | criteria
established by the AQB, and rules adopted pursuant to | 22 | | this Act.
| 23 | | (b) A State certified residential real estate appraiser is | 24 | | limited in his or
her scope of practice
to in a
federally |
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| 1 | | related transaction as provided by Title XI,
the provisions of | 2 | | USPAP, criteria established by the AQB, and the
rules adopted | 3 | | pursuant to this Act.
| 4 | | (c) A State certified residential real estate appraiser | 5 | | must have a State certified general real estate appraiser who | 6 | | holds a valid license under this Act co-sign all appraisal | 7 | | reports on properties other than one to 4 units of residential | 8 | | real property without regard to transaction value or | 9 | | complexity.
| 10 | | (d) An associate real estate trainee appraiser is limited | 11 | | in his or her scope of
practice in all transactions in | 12 | | accordance with the provisions of
USPAP, this
Act, and the | 13 | | rules adopted pursuant to this Act. In addition,
an associate | 14 | | real estate trainee appraiser shall be required to have
a State | 15 | | certified
general real estate
appraiser or State certified | 16 | | residential real estate appraiser who holds a
valid license | 17 | | under this Act
to co-sign all appraisal reports. The associate | 18 | | real estate trainee appraiser licensee may not have more than 3 | 19 | | supervising appraisers, and a supervising appraiser may not | 20 | | supervise more than 3 associate real estate trainee appraisers | 21 | | at one time. A chronological appraisal log on an approved log | 22 | | form shall be maintained by the associate real estate trainee | 23 | | appraiser and shall be made available to the Department upon | 24 | | request.
| 25 | | (Source: P.A. 96-844, eff. 12-23-09.)
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| 1 | | (225 ILCS 458/10-10)
| 2 | | (Section scheduled to be repealed on January 1, 2012)
| 3 | | Sec. 10-10. Standards of practice. All persons licensed | 4 | | under this Act
must comply with standards
of professional | 5 | | appraisal practice adopted by the Department. The Department
| 6 | | must adopt, as part
of
its rules, the Uniform
Standards of | 7 | | Professional Appraisal Practice (USPAP) as published from time | 8 | | to time by
the Appraisal Standards
Board of the Appraisal | 9 | | Foundation. The Department
shall consider federal laws and
| 10 | | regulations regarding the
licensure of real estate appraisers | 11 | | prior to adopting its rules for the
administration of this Act. | 12 | | When an appraisal obtained through an appraisal management | 13 | | company is used for loan purposes, the borrower or loan | 14 | | applicant shall be provided with a written disclosure of the | 15 | | total compensation to the appraiser or appraisal firm within | 16 | | the certification of the appraisal report and it shall not be | 17 | | redacted or otherwise obscured
| 18 | | (Source: P.A. 96-844, eff. 12-23-09.)
| 19 | | (225 ILCS 458/10-17 new) | 20 | | Sec. 10-17. Survey. Within 12 months after the effective | 21 | | date of this amendatory Act of the 97th General Assembly, the | 22 | | Department or its designee shall conduct a survey of fees for | 23 | | appraisal services for single-family residences, two-family | 24 | | residences, three-family residences, and four-family | 25 | | residences. The fee survey shall exclude assignments ordered by |
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| 1 | | known appraisal management companies and complex assignments. | 2 | | The Department may conduct additional surveys as necessitated | 3 | | by rules adopted pursuant to the federal Dodd-Frank Wall Street | 4 | | Reform and Consumer Protection Act. The Department may assess | 5 | | an additional fee at the time of licensure or renewal to cover | 6 | | the expenses of carrying out this Section.
| 7 | | (225 ILCS 458/10-20)
| 8 | | (Section scheduled to be repealed on January 1, 2012)
| 9 | | Sec. 10-20. Retention of records. A person licensed under | 10 | | this Act shall
retain records as required by the most recent | 11 | | version of the USPAP and as further defined by rule the | 12 | | original
copy of all written contracts engaging his or her | 13 | | services as an appraiser and
all appraisal
reports, including | 14 | | any supporting data used to develop the appraisal report,
for a | 15 | | period of 5 years or 2
years after the final disposition of any | 16 | | judicial proceeding in which testimony
was given, whichever is
| 17 | | longer. In addition, a person licensed under this Act shall | 18 | | retain contracts,
logs, and appraisal reports used
in meeting | 19 | | pre-license experience requirements for a period of 5 years and | 20 | | shall be made available to the Department upon request .
| 21 | | (Source: P.A. 96-844, eff. 12-23-09.)
| 22 | | (225 ILCS 458/15-10)
| 23 | | (Section scheduled to be repealed on January 1, 2012)
| 24 | | Sec. 15-10. Grounds for disciplinary action.
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| 1 | | (a) The Department
may suspend, revoke,
refuse to issue,
| 2 | | renew, or restore a license and may reprimand place on | 3 | | probation or administrative
supervision,
or take any | 4 | | disciplinary or non-disciplinary action, including
imposing
| 5 | | conditions limiting the scope, nature, or extent of the real | 6 | | estate appraisal
practice of a
licensee or reducing the | 7 | | appraisal rank of a licensee,
and may impose an administrative | 8 | | fine
not to exceed $25,000 for each violation upon a licensee
| 9 | | for any one or combination of the following:
| 10 | | (1) Procuring or attempting to procure a license by | 11 | | knowingly making a
false statement,
submitting false | 12 | | information, engaging in any form of fraud or
| 13 | | misrepresentation,
or refusing
to provide complete | 14 | | information in response to a question in an application for
| 15 | | licensure.
| 16 | | (2) Failing to meet the minimum qualifications for | 17 | | licensure as an
appraiser established by this
Act.
| 18 | | (3) Paying money, other than for the fees provided for | 19 | | by this Act, or
anything of value to a
member or employee | 20 | | of the Board or the Department
to procure
licensure
under | 21 | | this Act.
| 22 | | (4) Conviction by plea of guilty or nolo contendere, | 23 | | finding of guilt, jury verdict, or entry of judgment or by | 24 | | sentencing of any crime, including, but not limited to, | 25 | | convictions, preceding sentences of supervision, | 26 | | conditional discharge, or first offender probation, under |
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| 1 | | the laws of any jurisdiction of the United States: (i) that | 2 | | is a felony; or (ii) that is a misdemeanor, an essential | 3 | | element of which is dishonesty, or that is directly related | 4 | | to the practice of the profession. Conviction of or entry | 5 | | of a plea of guilty or nolo contendere to any crime that is | 6 | | a felony under the laws of the United States or any state | 7 | | or territory thereof or a misdemeanor of which an essential | 8 | | element is
dishonesty or
that is directly related to the | 9 | | practice of the profession.
| 10 | | (5) Committing an act or omission involving | 11 | | dishonesty, fraud, or
misrepresentation with the intent to
| 12 | | substantially benefit the licensee or another person or | 13 | | with intent to
substantially injure
another person as | 14 | | defined by rule.
| 15 | | (6) Violating a provision or standard for the | 16 | | development or
communication of real estate
appraisals as | 17 | | provided in Section 10-10 of this Act or as defined by | 18 | | rule.
| 19 | | (7) Failing or refusing without good cause to exercise | 20 | | reasonable
diligence in developing, reporting,
or | 21 | | communicating an appraisal, as defined by this Act or by | 22 | | rule.
| 23 | | (8) Violating a provision of this Act or the rules | 24 | | adopted pursuant to
this Act.
| 25 | | (9) Having been disciplined by another state, the | 26 | | District of Columbia, a
territory, a foreign nation,
a |
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| 1 | | governmental agency, or any other entity authorized to | 2 | | impose discipline if
at least one of
the grounds for that | 3 | | discipline is the same as or the equivalent of one of the
| 4 | | grounds for
which a licensee may be disciplined under this | 5 | | Act.
| 6 | | (10) Engaging in dishonorable, unethical, or | 7 | | unprofessional conduct of a
character likely to
deceive, | 8 | | defraud, or harm the public.
| 9 | | (11) Accepting an appraisal assignment when the | 10 | | employment
itself is contingent
upon the appraiser | 11 | | reporting a predetermined estimate, analysis, or opinion | 12 | | or
when the fee
to be paid is contingent upon the opinion, | 13 | | conclusion, or valuation reached or
upon the
consequences | 14 | | resulting from the appraisal assignment.
| 15 | | (12) Developing valuation conclusions based on the | 16 | | race, color, religion,
sex, national origin,
ancestry, | 17 | | age, marital status, family status, physical or mental | 18 | | handicap, or
unfavorable
military discharge, as defined | 19 | | under the Illinois Human Rights Act, of the
prospective or
| 20 | | present owners or occupants of the area or property under | 21 | | appraisal.
| 22 | | (13) Violating the confidential nature of government | 23 | | records to which
the licensee gained
access through | 24 | | employment or engagement as an appraiser by a government | 25 | | agency.
| 26 | | (14) Being adjudicated liable in a civil proceeding on |
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| 1 | | grounds of
fraud, misrepresentation, or
deceit. In a | 2 | | disciplinary proceeding based upon a finding of civil | 3 | | liability,
the appraiser shall
be afforded an opportunity | 4 | | to present mitigating and extenuating circumstances,
but | 5 | | may not
collaterally attack the civil adjudication.
| 6 | | (15) Being adjudicated liable in a civil proceeding for | 7 | | violation of
a state or federal fair
housing law.
| 8 | | (16) Engaging in misleading or untruthful advertising | 9 | | or using a trade
name or insignia of
membership in a real | 10 | | estate appraisal or real estate organization of
which the | 11 | | licensee is
not a member.
| 12 | | (17) Failing to fully cooperate with a Department | 13 | | investigation by knowingly
making a false
statement, | 14 | | submitting false or misleading information, or refusing to | 15 | | provide
complete information in response to written
| 16 | | interrogatories or a written
request for documentation | 17 | | within 30 days of the request.
| 18 | | (18) Failing to include within the certificate of | 19 | | appraisal for all
written appraisal reports the | 20 | | appraiser's license number and licensure title.
All | 21 | | appraisers providing significant contribution to the | 22 | | development and
reporting of an appraisal must be disclosed | 23 | | in the appraisal report. It is a
violation of this Act for | 24 | | an
appraiser to sign a report,
transmittal letter, or | 25 | | appraisal certification knowing that a person providing
a | 26 | | significant
contribution to the report has not been |
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| 1 | | disclosed in the appraisal report.
| 2 | | (19) Violating the terms of a disciplinary order or | 3 | | consent to administrative supervision order. | 4 | | (20) Habitual or excessive use or addiction to alcohol, | 5 | | narcotics, stimulants, or any other chemical agent or drug | 6 | | that results in a licensee's inability to practice with | 7 | | reasonable judgment, skill, or safety. | 8 | | (21) A physical or mental illness or disability which | 9 | | results in the inability to practice under this Act with | 10 | | reasonable judgment, skill, or safety.
| 11 | | (22) Gross negligence in developing an appraisal or in | 12 | | communicating an appraisal or failing to observe one or | 13 | | more of the Uniform Standards of Professional Appraisal | 14 | | Practice. | 15 | | (23) A pattern of practice or other behavior that | 16 | | demonstrates incapacity or incompetence to practice under | 17 | | this Act. | 18 | | (24) Using or attempting to use the seal, certificate, | 19 | | or license of another as his or her own; falsely | 20 | | impersonating any duly licensed appraiser; using or | 21 | | attempting to use an inactive, expired, suspended, or | 22 | | revoked license; or aiding or abetting any of the | 23 | | foregoing. | 24 | | (25) Solicitation of professional services by using | 25 | | false, misleading, or deceptive advertising. | 26 | | (26) Making a material misstatement in furnishing |
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| 1 | | information to the Department. | 2 | | (27) Failure to furnish information to the Department | 3 | | upon written request. | 4 | | (b) The Department
may reprimand suspend, revoke,
or refuse | 5 | | to issue or renew an education provider's
license, may | 6 | | reprimand, place on probation, or otherwise discipline
an | 7 | | education provider
and may suspend or revoke the course | 8 | | approval of any course offered by
an education provider and may | 9 | | impose an administrative fine
not to exceed $25,000 upon
an | 10 | | education provider,
for any of the following:
| 11 | | (1) Procuring or attempting to procure licensure by | 12 | | knowingly making a
false statement,
submitting false | 13 | | information, engaging in any form of fraud or
| 14 | | misrepresentation, or
refusing to
provide complete | 15 | | information in response to a question in an application for
| 16 | | licensure.
| 17 | | (2) Failing to comply with the covenants certified to | 18 | | on the application
for licensure as an education provider.
| 19 | | (3) Committing an act or omission involving | 20 | | dishonesty, fraud, or
misrepresentation or allowing any | 21 | | such act or omission by
any employee or contractor under | 22 | | the control of the provider.
| 23 | | (4) Engaging in misleading or untruthful advertising.
| 24 | | (5) Failing to retain competent instructors in | 25 | | accordance with rules
adopted
under this Act.
| 26 | | (6) Failing to meet the topic or time requirements for |
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| 1 | | course approval as
the provider of a pre-license
curriculum | 2 | | course or a continuing education course.
| 3 | | (7) Failing to administer an approved course using the | 4 | | course materials,
syllabus, and examinations
submitted as | 5 | | the basis of the course approval.
| 6 | | (8) Failing to provide an appropriate classroom | 7 | | environment for
presentation of courses, with
| 8 | | consideration for student comfort, acoustics, lighting, | 9 | | seating, workspace, and
visual aid material.
| 10 | | (9) Failing to maintain student records in compliance | 11 | | with the rules
adopted under this Act.
| 12 | | (10) Failing to provide a certificate, transcript, or | 13 | | other student
record to the Department
or to a student
as | 14 | | may be required by rule.
| 15 | | (11) Failing to fully cooperate with an
investigation | 16 | | by the Department by knowingly
making a false
statement, | 17 | | submitting false or misleading information, or refusing to | 18 | | provide
complete information in response to written | 19 | | interrogatories or a written
request for documentation | 20 | | within 30 days of the request.
| 21 | | (c) In appropriate cases, the Department
may resolve a | 22 | | complaint against a licensee
through the issuance of a Consent | 23 | | to Administrative Supervision order.
A licensee subject to a | 24 | | Consent to Administrative Supervision order
shall be | 25 | | considered by the Department
as an active licensee in good | 26 | | standing. This order shall not be reported or
considered by the |
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| 1 | | Department
to be a discipline
of the licensee. The records | 2 | | regarding an investigation and a Consent to
Administrative | 3 | | Supervision order
shall be considered confidential and shall | 4 | | not be released by the Department
except
as mandated by law.
A | 5 | | complainant shall be notified if his or her complaint has been | 6 | | resolved
by a Consent to
Administrative Supervision order.
| 7 | | (Source: P.A. 96-844, eff. 12-23-09.)
| 8 | | (225 ILCS 458/15-30)
| 9 | | (Section scheduled to be repealed on January 1, 2012)
| 10 | | Sec. 15-30. Statute of limitations. No action may be taken | 11 | | under this
Act against a person licensed
under this Act unless | 12 | | the action is commenced within 5 years after the
occurrence of | 13 | | the alleged violation or within at least 2 years after final | 14 | | disposition of any judicial proceeding , including any appeals, | 15 | | in which the appraiser provided testimony related to the | 16 | | assignment, whichever period expires last.
A continuing | 17 | | violation is deemed to have occurred on the date when the
| 18 | | circumstances last existed
that gave rise to the alleged | 19 | | continuing violation.
| 20 | | (Source: P.A. 96-844, eff. 12-23-09.)
| 21 | | (225 ILCS 458/15-65 new) | 22 | | Sec. 15-65. Confidentiality. All information collected by | 23 | | the Department in the course of an examination or investigation | 24 | | of a licensee or applicant, including, but not limited to, any |
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| 1 | | complaint against a licensee filed with the Department and | 2 | | information collected to investigate any such complaint, shall | 3 | | be maintained for the confidential use of the Department and | 4 | | shall not be disclosed. The Department may not disclose the | 5 | | information to anyone other than law enforcement officials, | 6 | | other regulatory agencies that have an appropriate regulatory | 7 | | interest as determined by the Secretary, or to a party | 8 | | presenting a lawful subpoena to the Department. Information and | 9 | | documents disclosed to a federal, State, county, or local law | 10 | | enforcement agency shall not be disclosed by the agency for any | 11 | | purpose to any other agency or person. A formal complaint filed | 12 | | against a licensee by the Department or any order issued by the | 13 | | Department against a licensee or applicant shall be a public | 14 | | record, except as otherwise prohibited by law.
| 15 | | (225 ILCS 458/25-15)
| 16 | | (Section scheduled to be repealed on January 1, 2012)
| 17 | | Sec. 25-15. Coordinator
of Real Estate Appraisal; | 18 | | appointment;
duties. The Secretary shall appoint, subject to | 19 | | the Personnel Code, a Coordinator of Real Estate Appraisal. In | 20 | | appointing the Coordinator, the Secretary shall give due | 21 | | consideration to recommendations made by members, | 22 | | organizations, and associations of the real estate appraisal | 23 | | industry. On or after January 1, 2010, the Coordinator must | 24 | | hold a current, valid State certified general real estate | 25 | | appraiser license or a State certified residential real estate |
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| 1 | | appraiser license, which shall be surrendered to the Department | 2 | | during the term of his or her appointment. The Coordinator must | 3 | | take the 30-hour National Instructors Course on Uniform | 4 | | Standards of Professional Appraisal Practice. The | 5 | | Coordinator's license shall be returned in the same status as | 6 | | it was on the date of surrender, credited with all fees that | 7 | | came due during his or her employment.
The Coordinator
shall:
| 8 | | (1) serve as a member of the Real Estate Appraisal | 9 | | Administration and Disciplinary Board without vote;
| 10 | | (2) be the direct liaison between the Department, the | 11 | | profession, and the real
estate appraisal industry
| 12 | | organizations and associations;
| 13 | | (3) prepare and circulate to licensees such | 14 | | educational and informational
material as the Department
| 15 | | deems necessary for providing guidance or assistance to | 16 | | licensees;
| 17 | | (4) appoint necessary committees to assist in the | 18 | | performance of the
functions and duties
of the Department
| 19 | | under this Act; and
| 20 | | (5) (blank) ; and . | 21 | | (6) be authorized to investigate and determine the | 22 | | facts of a complaint; the coordinator may interview | 23 | | witnesses, the complainant, and any licensees involved in | 24 | | the alleged matter and make a recommendation as to the | 25 | | findings of fact.
| 26 | | (Source: P.A. 96-844, eff. 12-23-09.)
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| 1 | | (225 ILCS 458/5-21 rep.) | 2 | | Section 15. The Real Estate Appraiser Licensing Act of 2002 | 3 | | is amended by repealing Section 5-21. | 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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