Full Text of SB1806 97th General Assembly
SB1806eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | 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 Acts repealed on January 1, 2012.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| 8 | | Acts are repealed on January 1, 2012: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 | 17 | | Act.
| 18 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 19 | | (5 ILCS 80/4.32 new) | 20 | | Sec. 4.32. Act repealed on January 1, 2022. The following | 21 | | Act is repealed on January 1, 2022: | 22 | | The Home Inspector License Act. |
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| 1 | | Section 10. The Home Inspector License Act is amended by | 2 | | changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20, | 3 | | 5-45, 10-5, 10-10, 15-5, 15-10, 15-15, 15-20, 15-25, 15-35, | 4 | | 15-55, 15-60, 20-5, 20-10, 25-5, 25-15, 25-20, and 25-25 and by | 5 | | adding Sections 5-14, 15-65, 15-70, 25-17, and 25-27 as | 6 | | follows:
| 7 | | (225 ILCS 441/1-10)
| 8 | | (Section scheduled to be repealed on January 1, 2012)
| 9 | | Sec. 1-10. Definitions. As used in this Act, unless the | 10 | | context
otherwise requires:
| 11 | | "Address of record" means the designated address recorded | 12 | | by the Department in the applicant's or licensee's application | 13 | | file or license file as maintained by the Department's | 14 | | licensure maintenance unit. It is the duty of the applicant or | 15 | | licensee to inform the Department of any change of address and | 16 | | those changes must be made either through the Department's | 17 | | website or by contacting the Department. | 18 | | "Applicant" means a person who applies to the Department | 19 | | OBRE for a license under this
Act.
| 20 | | "Board" means the Home Inspector Advisory Board.
| 21 | | "Client" means a person who engages or seeks to engage the | 22 | | services of a
home inspector for an inspection assignment.
| 23 | | "Department" means the Department of Financial and | 24 | | Professional Regulation. |
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| 1 | | "Commissioner" means the Commissioner of the Office of | 2 | | Banks and Real Estate
or his or her designee.
| 3 | | "Home inspection" means the examination and evaluation of | 4 | | the exterior and
interior components of residential real | 5 | | property, which includes the inspection
of any 2 or more of the | 6 | | following components of residential real property in
| 7 | | connection with or to facilitate the sale, lease, or other | 8 | | conveyance of, or
the proposed sale, lease or other conveyance | 9 | | of, residential real property:
| 10 | | (1) heating, ventilation, and air conditioning system;
| 11 | | (2) plumbing system;
| 12 | | (3) electrical system;
| 13 | | (4) structural composition;
| 14 | | (5) foundation;
| 15 | | (6) roof;
| 16 | | (7) masonry structure; or
| 17 | | (8) any other residential real property component as | 18 | | established by rule.
| 19 | | "Home inspector" means a person who, for another and for | 20 | | compensation either
direct or indirect, performs home | 21 | | inspections.
| 22 | | "Home inspection report" or "inspection report" means a | 23 | | written evaluation
prepared and issued by a home inspector upon | 24 | | completion of a home inspection,
which meets the standards of | 25 | | practice as established by the Department OBRE .
| 26 | | "Inspection assignment" means an engagement for which a |
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| 1 | | home inspector is
employed or retained to conduct a home | 2 | | inspection and prepare a home inspection
report.
| 3 | | "OBRE" means the Office of Banks and Real Estate.
| 4 | | "Person" means individuals, entities, corporations, | 5 | | limited liability
companies, registered limited liability | 6 | | partnerships, and partnerships, foreign
or domestic, except | 7 | | that when the context otherwise requires, the term may
refer to | 8 | | a single individual or other described entity.
| 9 | | "Residential real property" means real property that is | 10 | | used or intended to
be used as a residence by one or more | 11 | | individuals.
| 12 | | "Secretary" means the Secretary of Financial and | 13 | | Professional Regulation. | 14 | | "Standards of practice" means recognized standards and | 15 | | codes to be used in a
home
inspection, as determined by the | 16 | | Department OBRE and established by rule.
| 17 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 18 | | (225 ILCS 441/5-5)
| 19 | | (Section scheduled to be repealed on January 1, 2012)
| 20 | | Sec. 5-5. Necessity of license; use of title; exemptions.
| 21 | | (a) It Beginning January 1, 2003, it is unlawful for any | 22 | | person, including any
entity, to act or assume
to act as a home
| 23 | | inspector, to engage in the business of home inspection, to | 24 | | develop a home
inspection report, to practice as a home | 25 | | inspector, or to advertise or hold
himself, herself, or itself
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| 1 | | out to be a home inspector without a home inspector license | 2 | | issued under this
Act. A person who violates this subsection is | 3 | | guilty of a Class A misdemeanor for the first offense and a | 4 | | Class 4 felony for the second and any subsequent offenses .
| 5 | | (b) It Beginning January 1, 2003, it is unlawful for any | 6 | | person, other than a
person who holds a valid
home inspector | 7 | | license issued pursuant to this Act, to use the title "home
| 8 | | inspector" or
any other title, designation, or abbreviation | 9 | | likely to create the impression
that the person is licensed as | 10 | | a home inspector pursuant to this Act. A person
who violates | 11 | | this subsection is guilty of a Class A misdemeanor.
| 12 | | (c) The licensing requirements of this Article do not apply | 13 | | to:
| 14 | | (1) any person who is employed as a code enforcement | 15 | | official by the State
of Illinois or any unit of local | 16 | | government, while acting within the scope of
that | 17 | | government employment;
| 18 | | (2) any person licensed by the State of Illinois while
| 19 | | acting within the scope of his or her license; or
| 20 | | (3) any person engaged by the owner or lessor of | 21 | | residential real
property for the purpose of preparing a | 22 | | bid or estimate as to the work
necessary or the costs | 23 | | associated with performing home construction, home
| 24 | | remodeling, or home repair work on the residential real | 25 | | property, provided
such person does not hold himself or | 26 | | herself out, or advertise himself or
herself, as being |
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| 1 | | engaged in business as a home inspector.
| 2 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 3 | | (225 ILCS 441/5-10)
| 4 | | (Section scheduled to be repealed on January 1, 2012)
| 5 | | Sec. 5-10. Application for home inspector license. Every | 6 | | natural person
who
desires to obtain a home inspector license | 7 | | shall:
| 8 | | (1) apply to the Department OBRE on forms prescribed by | 9 | | the Department and provided by OBRE accompanied by the | 10 | | required
fee ; all applications shall contain the | 11 | | information that, in the judgment of the Department, | 12 | | enables the Department to pass on the qualifications of the | 13 | | applicant for a license to practice as a home inspector as | 14 | | set by rule ;
| 15 | | (2) be at least 21 years of age;
| 16 | | (3) provide evidence of having attained a high school | 17 | | diploma or completed
an
equivalent course of study as | 18 | | determined by an examination conducted by the
Illinois | 19 | | State Board of Education;
| 20 | | (4) personally take and pass an examination authorized | 21 | | by the Department OBRE ; and
| 22 | | (5) prior to taking the examination, provide evidence
| 23 | | to the Department OBRE that he or she has
successfully | 24 | | completed the prerequisite classroom hours of instruction | 25 | | in home
inspection, as established by rule.
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| 1 | | Applicants have 3 years after the date of the application | 2 | | to complete the application process. If the process has not | 3 | | been completed within 3 years, the application shall be denied, | 4 | | the fee forfeited, and the applicant must reapply and meet the | 5 | | requirements in effect at the time of reapplication. | 6 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 7 | | (225 ILCS 441/5-12)
| 8 | | (Section scheduled to be repealed on January 1, 2012)
| 9 | | Sec. 5-12. Application for home inspector license; entity. | 10 | | Every
entity that is not a natural person that desires to | 11 | | obtain a home inspector
license shall apply to the Department | 12 | | OBRE on forms provided by the Department OBRE and
accompanied | 13 | | by the required fee.
| 14 | | Applicants have 3 years after the date of the application | 15 | | to complete the application process. If the process has not | 16 | | been completed within 3 years, the application shall be denied, | 17 | | the fee forfeited, and the applicant must reapply and meet the | 18 | | requirements in effect at the time of reapplication. | 19 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 20 | | (225 ILCS 441/5-14 new) | 21 | | Sec. 5-14. Social Security Number on license application. | 22 | | In addition to any other information required to be contained | 23 | | in the application, every application for an original, renewal, | 24 | | reinstated, or restored license under this Act shall include |
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| 1 | | the applicant's Social Security Number.
| 2 | | (225 ILCS 441/5-16)
| 3 | | (Section scheduled to be repealed on January 1, 2012)
| 4 | | Sec. 5-16. Renewal of license.
| 5 | | (a) The expiration date and renewal period for a home | 6 | | inspector license
issued under this Act shall be set by rule. | 7 | | Except as otherwise provided in
subsections (b) and (c) of this | 8 | | Section, the holder of a license may renew the
license within | 9 | | 90 days preceding the expiration date by:
| 10 | | (1) completing and submitting to the Department OBRE a | 11 | | renewal application form as
provided by the Department | 12 | | OBRE ;
| 13 | | (2) paying the required fees; and
| 14 | | (3) providing evidence of successful completion of the | 15 | | continuing
education requirements through courses approved | 16 | | by the Department OBRE given by
education providers | 17 | | licensed by the Department OBRE , as established by rule.
| 18 | | (b) A home inspector whose license under this Act has | 19 | | expired may
renew the license for a period of 2 years following | 20 | | the expiration
date by complying with the requirements of | 21 | | subparagraphs (1), (2), and (3) of
subsection (a) of
this
| 22 | | Section and paying any late penalties established by rule.
| 23 | | (c) Notwithstanding subsection (b), a
home inspector whose | 24 | | license under this Act has expired may renew
the license | 25 | | without paying any lapsed
renewal fees or late penalties if (i) |
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| 1 | | the license expired while the home
inspector was on
active duty | 2 | | with the United States Armed Services, (ii) application for | 3 | | renewal
is made within
2 years following the termination of the | 4 | | military service or related education,
training, or
| 5 | | employment, and (iii) the applicant furnishes to the Department | 6 | | OBRE an affidavit that he or
she was so engaged.
| 7 | | (d) The Department OBRE shall provide reasonable care and | 8 | | due diligence to ensure that each
licensee under this Act is | 9 | | provided a renewal application at least 90 days
prior to the
| 10 | | expiration date, but it is the responsibility of each licensee | 11 | | to renew
his or her license prior to its expiration date.
| 12 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 13 | | (225 ILCS 441/5-17)
| 14 | | (Section scheduled to be repealed on January 1, 2012)
| 15 | | Sec. 5-17. Renewal of home inspector license; entity.
| 16 | | (a) The expiration date and renewal period for a home | 17 | | inspector
license for an entity that is not a natural person | 18 | | shall be set by rule. The
holder of
a license may renew the | 19 | | license within 90 days preceding the
expiration date by | 20 | | completing and submitting to the Department OBRE a renewal
| 21 | | application form as provided by the Department OBRE and paying | 22 | | the required fees.
| 23 | | (b) An entity that is not a natural person whose license | 24 | | under this Act has
expired may renew the license for a period | 25 | | of 2 years following
the expiration date by complying with the |
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| 1 | | requirements of subsection
(a) of this Section and paying any | 2 | | late penalties established
by rule.
| 3 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 4 | | (225 ILCS 441/5-20)
| 5 | | (Section scheduled to be repealed on January 1, 2012)
| 6 | | Sec. 5-20. Endorsement. Reciprocity; consent to | 7 | | jurisdiction. The Department may, in its discretion, license as | 8 | | a home inspector, by endorsement, on payment of the required | 9 | | fee, an applicant who is a home inspector licensed under the | 10 | | laws of another state or territory, if (i) the requirements for | 11 | | licensure in the state or territory in which the applicant was | 12 | | licensed were, at the date of his or her licensure, | 13 | | substantially equivalent to the requirements in force in this | 14 | | State on that date or (ii) there were no requirements in force | 15 | | in this State on the date of his or her licensure and the | 16 | | applicant possessed individual qualifications on that date | 17 | | that are substantially similar to the requirements under this | 18 | | Act. The Department may adopt any rules necessary to implement | 19 | | this Section. | 20 | | Applicants have 3 years after the date of application to | 21 | | complete the application process. If the process has not been | 22 | | completed within 3 years, the application shall be denied, the | 23 | | fee forfeited, and the applicant must reapply and meet the | 24 | | requirements in effect at the time of reapplication.
| 25 | | (a) A nonresident who holds a valid home inspector license |
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| 1 | | issued to him or
her
by the proper licensing authority of a | 2 | | state, territory, possession of the
United States, or the | 3 | | District of Columbia that has licensing requirements
equal to | 4 | | or substantially equivalent to the requirements of the State of
| 5 | | Illinois and otherwise meets the requirements for licensure may | 6 | | obtain a
license without examination, provided
that:
| 7 | | (1) OBRE has entered into a valid reciprocal agreement | 8 | | with the proper
licensing authority of the state, | 9 | | territory, or possession of the United States
or the | 10 | | District of Columbia;
| 11 | | (2) the applicant provides OBRE with a certificate of | 12 | | good standing from
the applicant's licensing authority;
| 13 | | (3) the applicant completes and submits an application | 14 | | provided by
OBRE; and
| 15 | | (4) the applicant pays all applicable fees required | 16 | | under this Act.
| 17 | | (b) A nonresident applicant shall file an irrevocable | 18 | | consent form with
OBRE authorizing
that actions may be | 19 | | commenced against the applicant or nonresident licensee in
a | 20 | | court of competent jurisdiction in the State of Illinois by the | 21 | | service of
summons, process, or other pleading authorized by | 22 | | law upon the Commissioner.
The consent shall stipulate and | 23 | | agree that service of the summons, process, or
pleading upon | 24 | | the Commissioner shall be taken and held in all courts to be
| 25 | | valid and binding as if actual service had been made upon the | 26 | | nonresident
licensee in Illinois. If a summons, process, or |
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| 1 | | other pleading is served upon
the Commissioner, it shall be by | 2 | | duplicate copies, one of which shall be
retained by OBRE and | 3 | | the other shall be immediately forwarded by certified or
| 4 | | registered
mail to the last known address of the nonresident | 5 | | licensee against whom the
summons, process, or other pleading | 6 | | is directed.
| 7 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 8 | | (225 ILCS 441/5-45)
| 9 | | (Section scheduled to be repealed on January 1, 2012)
| 10 | | Sec. 5-45. Fees. The Department OBRE shall establish rules | 11 | | for fees to be paid by
applicants and licensees to cover the | 12 | | reasonable costs of the Department OBRE in administering
and | 13 | | enforcing the provisions of this
Act. The Department OBRE may | 14 | | also establish rules for general fees to cover the reasonable
| 15 | | expenses of carrying out other functions and responsibilities | 16 | | under this Act.
| 17 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 18 | | (225 ILCS 441/10-5)
| 19 | | (Section scheduled to be repealed on January 1, 2012)
| 20 | | Sec. 10-5. Standards of practice. All persons licensed | 21 | | under this Act
must comply with standards of professional home | 22 | | inspection adopted by the Department OBRE and
established by | 23 | | rule. The Department may OBRE shall consider nationally | 24 | | recognized standards and
codes prior to adopting the rules for |
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| 1 | | the standards of practice.
| 2 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 3 | | (225 ILCS 441/10-10)
| 4 | | (Section scheduled to be repealed on January 1, 2012)
| 5 | | Sec. 10-10. Retention of records. A person licensed under | 6 | | this Act shall
retain the original or a true and exact copy of | 7 | | all written contracts engaging
his or her services as a home | 8 | | inspector and all home inspection reports,
including any | 9 | | supporting data used to develop the home inspection report, for | 10 | | a
period of 5 years or 2 years after the final disposition of | 11 | | any judicial
proceeding , which includes any appeal, in which | 12 | | testimony was given, whichever is longer.
| 13 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 14 | | (225 ILCS 441/15-5)
| 15 | | (Section scheduled to be repealed on January 1, 2012)
| 16 | | Sec. 15-5. Unlicensed practice; civil penalty ; injunctive | 17 | | relief .
| 18 | | (a) Any person who practices, offers to practice, attempts | 19 | | to practice, or holds himself or herself out to practice home | 20 | | inspection or as a home inspector without being licensed under | 21 | | this Act violates Section 5-5 of this Act shall, in addition to
| 22 | | any other penalty provided by law, pay a
civil penalty to the | 23 | | Department OBRE in an amount not to exceed $25,000 $10,000 for | 24 | | each violation of this Act as
determined by the Department |
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| 1 | | Commissioner . The civil penalty shall be assessed by the
| 2 | | Department Commissioner after a
hearing is held in accordance | 3 | | with the provisions of this Act.
| 4 | | (b) The Department OBRE has the authority and power to | 5 | | investigate any
unlicensed activity that may violate this Act | 6 | | or the rules adopted under this Act .
| 7 | | (c) A civil penalty shall be paid within 60 days after the | 8 | | effective date
of the order imposing the civil penalty. The | 9 | | Department OBRE may petition the circuit
court for a
judgment | 10 | | to enforce the collection of the penalty. Any civil penalties
| 11 | | collected under this Act shall be made payable to the | 12 | | Department Office of Banks and Real
Estate and deposited into | 13 | | the Home Inspector Administration Fund. In addition
to
or in | 14 | | lieu of the imposition of a civil penalty, OBRE may report a | 15 | | violation of
this Act or the failure or refusal to comply with | 16 | | an order of OBRE to the
Attorney General or the appropriate | 17 | | State's Attorney.
| 18 | | (d) Practicing as a home inspector without holding a valid | 19 | | license as
required under
this Act is declared to be adverse to | 20 | | the public welfare, to
constitute a public nuisance, and to | 21 | | cause irreparable harm to the public
welfare. The Commissioner, | 22 | | the Attorney General, or the State's Attorney of
any
county in | 23 | | the State may maintain an action for injunctive relief in the | 24 | | name of
the People of the State of Illinois in any
circuit | 25 | | court to enjoin any person from engaging in such practice.
| 26 | | Upon the filing of a verified petition in a circuit court, |
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| 1 | | the court, if
satisfied by affidavit or otherwise that a person | 2 | | has been engaged in the
practice of home inspections without a | 3 | | valid license, may enter
a temporary restraining order without | 4 | | notice or bond enjoining the defendant
from further practice. | 5 | | The showing of non-licensure, by affidavit or
otherwise, is | 6 | | sufficient for the issuance of a temporary injunction.
A copy | 7 | | of the verified complaint shall be served upon the defendant | 8 | | and the
proceeding shall be conducted as in other civil cases | 9 | | except as
modified by this Section. If it is established that | 10 | | the defendant has
been or is engaged in unlawful practice, the | 11 | | court may enter an order or
judgment perpetually enjoining the | 12 | | defendant from further unlawful practice.
In all
proceedings | 13 | | under this Section, the court, in its discretion, may apportion | 14 | | the
costs
among the parties interested in the action, including | 15 | | the cost of filing the
complaint, service of process, witness | 16 | | fees and expenses, court reporter
charges, and reasonable | 17 | | attorneys' fees.
These injunction proceedings shall be in | 18 | | addition to, and not in lieu of, all
penalties and other | 19 | | remedies provided in this Act.
| 20 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 21 | | (225 ILCS 441/15-10)
| 22 | | (Section scheduled to be repealed on January 1, 2012)
| 23 | | Sec. 15-10. Grounds for disciplinary action.
| 24 | | (a) The Department may refuse to issue or renew, or may | 25 | | revoke, suspend, place on probation, reprimand, or take other |
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| 1 | | disciplinary or non-disciplinary action as the Department may | 2 | | deem appropriate, including imposing fines not to exceed | 3 | | $25,000 for each violation, with regard to any license for any | 4 | | one or combination of the following: The Office of Banks and | 5 | | Real Estate may suspend, revoke,
or refuse to issue or renew a | 6 | | license, and may reprimand, place on probation
or | 7 | | administrative supervision, or
otherwise discipline a | 8 | | licensee, including imposing conditions limiting the
scope, | 9 | | nature, or extent of the home inspection
practice of a licensee | 10 | | and may impose a civil penalty not to exceed $10,000
upon a | 11 | | licensee,
for one or any combination of the following:
| 12 | | (1) Fraud or misrepresentation in applying for, or | 13 | | procuring a license under this Act or in connection with | 14 | | applying for renewal of a license under this Act. Procuring | 15 | | or attempting to procure a license by knowingly making a
| 16 | | false statement, submitting false information, making any | 17 | | form of fraud or
misrepresentation, or refusing to provide | 18 | | complete information in response to a
question in an | 19 | | application for licensure.
| 20 | | (2) Failing to meet the minimum qualifications for | 21 | | licensure as a home
inspector established by this Act.
| 22 | | (3) Paying money, other than for the fees provided for | 23 | | by this Act, or
anything of value to a member of the Board | 24 | | or an employee of the Department Office of
Banks and Real | 25 | | Estate to procure licensure under this Act.
| 26 | | (4) Conviction by plea of guilty or nolo contendere, |
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| 1 | | finding of guilt, jury verdict, or entry of judgment or by | 2 | | sentencing of any crime, including, but not limited to, | 3 | | convictions, preceding sentences of supervision, | 4 | | conditional discharge, or first offender probation, under | 5 | | the laws of any jurisdiction of the United States: (i) that | 6 | | is a felony; (ii) that is a misdemeanor, an essential | 7 | | element of which is dishonesty, or that is directly related | 8 | | to the practice of the profession; or (iii) that is a crime | 9 | | that subjects the licensee to compliance with the | 10 | | requirements of the Sex Offender Registration Act. Being | 11 | | convicted of a felony in any state or federal court; of any
| 12 | | crime, an essential element of which is dishonesty, fraud, | 13 | | theft, or
embezzlement; of obtaining money, property, or | 14 | | credit by false pretenses; or of
any
other crime that is | 15 | | reasonably related to the practice of home inspection.
| 16 | | (5) Committing an act or omission involving | 17 | | dishonesty, fraud, or
misrepresentation
with the intent to | 18 | | substantially benefit the licensee or another person or | 19 | | with
the intent to substantially injure another person.
| 20 | | (6) Violating a provision or standard for the | 21 | | development or
communication of home inspections as | 22 | | provided in Section 10-5 of this Act or as
defined in the | 23 | | rules.
| 24 | | (7) Failing or refusing without good cause to exercise | 25 | | reasonable
diligence
in the development, reporting, or | 26 | | communication of a home inspection report, as
defined
by |
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| 1 | | this Act or the rules.
| 2 | | (8) Violating a provision of this Act or the rules.
| 3 | | (9) Having been disciplined by another state, the | 4 | | District of Columbia, a
territory, a foreign nation, a | 5 | | governmental agency, or any other entity
authorized to | 6 | | impose discipline if at least one of the grounds for
that
| 7 | | discipline is the same as or substantially the equivalent | 8 | | to of one of the grounds
for which a licensee may be | 9 | | disciplined under this Act.
| 10 | | (10) Engaging in dishonorable, unethical, or | 11 | | unprofessional conduct of a
character likely to deceive, | 12 | | defraud, or harm the public.
| 13 | | (11) Accepting an inspection assignment when the | 14 | | employment itself is
contingent upon the home inspector | 15 | | reporting a predetermined analysis or
opinion, or when the | 16 | | fee to be paid is contingent upon the analysis, opinion,
or | 17 | | conclusion reached or upon the consequences resulting from | 18 | | the home
inspection assignment.
| 19 | | (12) Developing home inspection opinions or | 20 | | conclusions based on the race,
color, religion, sex, | 21 | | national origin, ancestry, age, marital status, family
| 22 | | status, physical or mental handicap, or unfavorable | 23 | | military discharge, as
defined under the Illinois Human | 24 | | Rights Act, of the prospective or present
owners or | 25 | | occupants of the area or property under home inspection.
| 26 | | (13) 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 home inspector shall be
afforded an | 4 | | opportunity to present mitigating and extenuating | 5 | | circumstances,
but may not collaterally attack the civil | 6 | | adjudication.
| 7 | | (14) Being adjudicated liable in a civil proceeding for | 8 | | violation of
a
State or federal fair housing law.
| 9 | | (15) Engaging in misleading or untruthful advertising | 10 | | or using a trade
name or insignia of membership in a home | 11 | | inspection organization of
which the licensee is not a | 12 | | member.
| 13 | | (16) Failing , within 30 days, to provide information in | 14 | | response to a written request made by the Department. to | 15 | | fully cooperate with an OBRE investigation by knowingly
| 16 | | making a false statement, submitting false or misleading | 17 | | information, or
refusing to provide complete information | 18 | | in response to written interrogatories
or a written request | 19 | | for documentation within 30 days of the request.
| 20 | | (17) Failing to include within the home inspection | 21 | | report the home
inspector's license number and the date of | 22 | | expiration of the license. All
home inspectors providing | 23 | | significant contribution to the development and
reporting | 24 | | of a home inspection must be disclosed in the home | 25 | | inspection report.
It is a violation of this Act for a home | 26 | | inspector to sign a home inspection
report knowing that a |
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| 1 | | person providing a significant contribution to the report
| 2 | | has not been disclosed in the home inspection report.
| 3 | | (18) Advising a client as to whether the client should | 4 | | or should not
engage in a transaction regarding the | 5 | | residential real property that is the
subject of the home | 6 | | inspection.
| 7 | | (19) Performing a home inspection in a manner that | 8 | | damages or alters the
residential real property that is the | 9 | | subject of the home inspection without
the consent of the | 10 | | owner.
| 11 | | (20) Performing a home inspection when the home | 12 | | inspector is providing
or may also provide other services | 13 | | in connection with the residential real
property or | 14 | | transaction, or has an interest in the residential real | 15 | | property,
without providing prior written notice of the | 16 | | potential or actual conflict and
obtaining the prior | 17 | | consent of the client as provided by rule.
| 18 | | (21) Aiding or assisting another person in violating | 19 | | any provision of this Act or rules adopted under this Act. | 20 | | (22) Inability to practice with reasonable judgment, | 21 | | skill, or safety as a result of habitual or excessive use | 22 | | or addiction to alcohol, narcotics, stimulants, or any | 23 | | other chemical agent or drug. | 24 | | (23) A finding by the Department that the licensee, | 25 | | after having his or her license placed on probationary | 26 | | status, has violated the terms of probation. |
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| 1 | | (24) Willfully making or filing false records or | 2 | | reports in his or her practice, including, but not limited | 3 | | to, false records filed with State agencies or departments. | 4 | | (25) Charging for professional services not rendered, | 5 | | including filing false statements for the collection of | 6 | | fees for which services are not rendered. | 7 | | (26) Practicing under a false or, except as provided by | 8 | | law, an assumed name. | 9 | | (27) Cheating on or attempting to subvert the licensing | 10 | | examination administered under this Act. | 11 | | (b) The Department Office of Banks and Real Estate may | 12 | | suspend, revoke,
or refuse to issue
or renew an education | 13 | | provider's license, may reprimand, place on probation, or
| 14 | | otherwise discipline
an education provider
licensee, and may | 15 | | suspend or revoke the course approval of any course offered
by | 16 | | an education provider, for any of the following:
| 17 | | (1) Procuring or attempting to procure licensure by | 18 | | knowingly making a
false statement, submitting false | 19 | | information, making any form of fraud or
| 20 | | misrepresentation, or refusing to provide complete | 21 | | information in response to a
question in an application for | 22 | | licensure.
| 23 | | (2) Failing to comply with the covenants certified to | 24 | | on the application
for licensure as an education provider.
| 25 | | (3) Committing an act or omission involving | 26 | | dishonesty, fraud, or
misrepresentation
or allowing any |
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| 1 | | such act or omission by any employee or contractor under | 2 | | the
control of the education provider.
| 3 | | (4) Engaging in misleading or untruthful advertising.
| 4 | | (5) Failing to retain competent instructors in | 5 | | accordance with rules
adopted under this Act.
| 6 | | (6) Failing to meet the topic or time requirements for | 7 | | course approval as
the provider of a pre-license curriculum | 8 | | course or a continuing education
course.
| 9 | | (7) Failing to administer an approved course using the | 10 | | course materials,
syllabus, and examinations submitted as | 11 | | the basis of the course approval.
| 12 | | (8) Failing to provide an appropriate classroom | 13 | | environment for
presentation of courses, with | 14 | | consideration for student comfort, acoustics,
lighting, | 15 | | seating, workspace, and visual aid material.
| 16 | | (9) Failing to maintain student records in compliance | 17 | | with the rules
adopted
under this Act.
| 18 | | (10) Failing to provide a certificate, transcript, or | 19 | | other student
record to the Department OBRE or to a student | 20 | | as may be required by rule.
| 21 | | (11) Failing to fully cooperate with a Department an | 22 | | OBRE investigation by knowingly
making a false statement, | 23 | | submitting false or misleading information, or
refusing to | 24 | | provide complete information in
response to written | 25 | | interrogatories or a written request for
documentation | 26 | | within 30 days of the request.
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| 1 | | (c) In appropriate cases, the Department OBRE may resolve a | 2 | | complaint against a licensee
through the issuance of a Consent | 3 | | to Administrative Supervision order. A
licensee subject to a | 4 | | Consent to Administrative Supervision order
shall be | 5 | | considered by the Department OBRE as an active licensee in good | 6 | | standing.
This order shall not be reported as or considered by | 7 | | the Department OBRE to be a discipline of
the licensee.
The | 8 | | records regarding an investigation and a Consent to | 9 | | Administrative
Supervision order shall be considered | 10 | | confidential and shall not be released by
the Department OBRE | 11 | | except as
mandated by law. The complainant shall be notified | 12 | | that his or her
complaint has been resolved by a Consent to | 13 | | Administrative Supervision order.
| 14 | | (d) The Department may refuse to issue or may suspend | 15 | | without hearing, as provided for in the Code of Civil | 16 | | Procedure, the license of any person who fails to file a tax | 17 | | return, to pay the tax, penalty, or interest shown in a filed | 18 | | tax return, or to pay any final assessment of tax, penalty, or | 19 | | interest, as required by any tax Act administered by the | 20 | | Illinois Department of Revenue, until such time as the | 21 | | requirements of the tax Act are satisfied in accordance with | 22 | | subsection (g) of Section 2105-15 of the Civil Administrative | 23 | | Code of Illinois. | 24 | | (e) The Department shall deny a license or renewal | 25 | | authorized by this Act to a person who has defaulted on an | 26 | | educational loan or scholarship provided or guaranteed by the |
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| 1 | | Illinois Student Assistance Commission or any governmental | 2 | | agency of this State in accordance with item (5) of subsection | 3 | | (g) of Section 2105-15 of the Civil Administrative Code of | 4 | | Illinois. | 5 | | (f) In cases where the Department of Healthcare and Family | 6 | | Services has previously determined that a licensee or a | 7 | | potential licensee is more than 30 days delinquent in the | 8 | | payment of child support and has subsequently certified the | 9 | | delinquency to the Department, the Department may refuse to | 10 | | issue or renew or may revoke or suspend that person's license | 11 | | or may take other disciplinary action against that person based | 12 | | solely upon the certification of delinquency made by the | 13 | | Department of Healthcare and Family Services in accordance with | 14 | | item (5) of subsection (g) of Section 2105-15 of the Civil | 15 | | Administrative Code of Illinois. | 16 | | (g) The determination by a circuit court that a licensee is | 17 | | subject to involuntary admission or judicial admission, as | 18 | | provided in the Mental Health and Developmental Disabilities | 19 | | Code, operates as an automatic suspension. The suspension will | 20 | | end only upon a finding by a court that the patient is no | 21 | | longer subject to involuntary admission or judicial admission | 22 | | and the issuance of a court order so finding and discharging | 23 | | the patient. | 24 | | (h) In enforcing this Act, the Department, upon a showing | 25 | | of a possible violation, may compel an individual licensed to | 26 | | practice under this Act, or who has applied for licensure under |
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| 1 | | this Act, to submit to a mental or physical examination, or | 2 | | both, as required by and at the expense of the Department. The | 3 | | Department may order the examining physician to present | 4 | | testimony concerning the mental or physical examination of the | 5 | | licensee or applicant. No information shall be excluded by | 6 | | reason of any common law or statutory privilege relating to | 7 | | communications between the licensee or applicant and the | 8 | | examining physician. The examining physician shall be | 9 | | specifically designated by the Department. The individual to be | 10 | | examined may have, at his or her own expense, another physician | 11 | | of his or her choice present during all aspects of this | 12 | | examination. The examination shall be performed by a physician | 13 | | licensed to practice medicine in all its branches. Failure of | 14 | | an individual to submit to a mental or physical examination, | 15 | | when directed, shall result in an automatic suspension without | 16 | | hearing. | 17 | | A person holding a license under this Act or who has | 18 | | applied for a license under this Act, who, because of a | 19 | | physical or mental illness or disability, including, but not | 20 | | limited to, deterioration through the aging process or loss of | 21 | | motor skill, is unable to practice the profession with | 22 | | reasonable judgment, skill, or safety, may be required by the | 23 | | Department to submit to care, counseling, or treatment by | 24 | | physicians approved or designated by the Department as a | 25 | | condition, term, or restriction for continued, reinstated, or | 26 | | renewed licensure to practice. Submission to care, counseling, |
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| 1 | | or treatment as required by the Department shall not be | 2 | | considered discipline of a license. If the licensee refuses to | 3 | | enter into a care, counseling, or treatment agreement or fails | 4 | | to abide by the terms of the agreement, the Department may file | 5 | | a complaint to revoke, suspend, or otherwise discipline the | 6 | | license of the individual. The Secretary may order the license | 7 | | suspended immediately, pending a hearing by the Department. | 8 | | Fines shall not be assessed in disciplinary actions involving | 9 | | physical or mental illness or impairment. | 10 | | In instances in which the Secretary immediately suspends a | 11 | | person's license under this Section, a hearing on that person's | 12 | | license must be convened by the Department within 15 days after | 13 | | the suspension and completed without appreciable delay. The | 14 | | Department shall have the authority to review the subject | 15 | | individual's record of treatment and counseling regarding the | 16 | | impairment to the extent permitted by applicable federal | 17 | | statutes and regulations safeguarding the confidentiality of | 18 | | medical records. | 19 | | An individual licensed under this Act and affected under | 20 | | this Section shall be afforded an opportunity to demonstrate to | 21 | | the Department that he or she can resume practice in compliance | 22 | | with acceptable and prevailing standards under the provisions | 23 | | of his or her license. | 24 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 25 | | (225 ILCS 441/15-15)
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| 1 | | (Section scheduled to be repealed on January 1, 2012)
| 2 | | Sec. 15-15. Investigation; notice; hearing. The Department | 3 | | may investigate the actions of any applicant or of any person | 4 | | or persons rendering or offering to render home inspection | 5 | | services or any person holding or claiming to hold a license as | 6 | | a home inspector. The Department shall, before refusing to | 7 | | issue or renew a license or to discipline a licensee pursuant | 8 | | to Section 15-10, at least 30 days prior to the date set for | 9 | | the hearing, (i) notify the accused in writing, of the charges | 10 | | made and the time and place for the hearing on the charges, | 11 | | (ii) direct him or her to file a written answer with the | 12 | | Department under oath within 20 days after the service of the | 13 | | notice, and (iii) inform the applicant or licensee that failure | 14 | | to file an answer will result in a default judgment being | 15 | | entered against the applicant or licensee. At the time and | 16 | | place fixed in the notice, the Department shall proceed to hear | 17 | | the charges and the parties of their counsel shall be accorded | 18 | | ample opportunity to present any pertinent statements, | 19 | | testimony, evidence, and arguments. The Department may | 20 | | continue the hearing from time to time. In case the person, | 21 | | after receiving the notice, fails to file an answer, his or her | 22 | | license, may, in the discretion of the Department, be revoked, | 23 | | suspended, placed on probationary status, or the Department may | 24 | | take whatever disciplinary actions considered proper, | 25 | | including limiting the scope, nature, or extent of the person's | 26 | | practice or the imposition of a fine, without a hearing, if the |
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| 1 | | act or acts charged constitute sufficient grounds for that | 2 | | action under the Act. The written notice may be served by | 3 | | personal delivery or by certified mail to the accused's address | 4 | | of record.
| 5 | | (a) Upon the request of the Office of Banks and Real Estate | 6 | | or the Board, or
upon a complaint in
writing of a person | 7 | | setting forth facts that, if proven, would constitute
grounds | 8 | | for suspension, revocation, or other disciplinary action | 9 | | against a
licensee or applicant for licensure, the Office of | 10 | | Banks and Real Estate shall
investigate the actions of the | 11 | | licensee or applicant so accused.
| 12 | | (b) Formal disciplinary proceedings shall commence upon | 13 | | the issuance of a
written complaint detailing the charges that | 14 | | are the basis of the
disciplinary action and delivery of the | 15 | | detailed complaint to the address
of record of the licensee or | 16 | | applicant. OBRE shall notify the licensee or
applicant to
file | 17 | | a
verified written answer within 20 days after the service of | 18 | | the notice and
complaint. The notification shall inform the
| 19 | | licensee or applicant that he or she has a right to be heard in | 20 | | person or
by legal
counsel; that the hearing will be afforded | 21 | | not sooner than 30 days after
receipt of the answer to the | 22 | | specific charges; that failure to file an answer
will result in | 23 | | a default being entered against the licensee or applicant; and
| 24 | | that the license may be suspended, revoked, or placed on | 25 | | probationary status
and
other disciplinary action may be taken | 26 | | pursuant to this Act, including limiting
the scope, nature, or |
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| 1 | | extent of the licensee's practice. If the licensee or
applicant | 2 | | fails to
file an answer after receiving notice, his or her | 3 | | license may, at the
discretion of the Office of Banks and Real | 4 | | Estate, be suspended, revoked, or
placed
on probationary status | 5 | | and the Office of Banks and Real Estate may take
whatever
| 6 | | disciplinary action it deems proper, including limiting the | 7 | | scope, nature, or
extent of the person's practice, without a | 8 | | hearing.
| 9 | | (c) At the time and place fixed in the notice, the Board | 10 | | shall conduct a
hearing of the charges, providing both the | 11 | | accused person and the complainant
ample opportunity to present | 12 | | in person or by counsel such statements,
testimony, evidence, | 13 | | and arguments as may be pertinent to the charges or to any
| 14 | | defense thereto.
| 15 | | (d) The Board shall present to the Commissioner a written | 16 | | report of its
findings and recommendations. A copy of the | 17 | | report shall be served upon the
licensee or applicant, either | 18 | | personally or by certified mail. Within 20 days
after the
| 19 | | service, the licensee or applicant may present the Commissioner | 20 | | with a motion
in writing
for either a rehearing, a proposed | 21 | | finding of fact, a conclusion of law, or an
alternative | 22 | | sanction, and shall specify the particular grounds for the | 23 | | request.
If
the accused shall order and pay for a transcript of | 24 | | the record as provided in
this Act, the time elapsing | 25 | | thereafter and before the transcript is ready for
delivery to | 26 | | the accused shall not be counted as part of the 20 days. If
the |
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| 1 | | Commissioner is not satisfied that substantial justice has been | 2 | | done, the
Commissioner may order a rehearing by the Board or | 3 | | other special committee
appointed by the Commissioner, may | 4 | | remand the matter to the Board for their
reconsideration of the | 5 | | matter based on the pleadings and evidence presented to
the | 6 | | Board, or may enter a final order in contravention of the | 7 | | Board's
recommendation. In all instances, under this Act, in | 8 | | which the Board has
rendered a recommendation to the | 9 | | Commissioner with respect to a particular
licensee or | 10 | | applicant, the Commissioner, if he or she
disagrees with the
| 11 | | recommendation of the Board, shall file with the Board and | 12 | | provide to the
licensee or applicant the
Commissioner's | 13 | | specific
written reasons for disagreement with the Board. The | 14 | | reasons shall be filed
within 60 days of the Board's | 15 | | recommendation to the Commissioner and prior to
any contrary | 16 | | action. At the expiration of the time specified for filing a
| 17 | | motion for a rehearing, the Commissioner shall have the right | 18 | | to take any of
the actions specified in this paragraph. Upon | 19 | | the suspension or revocation of a
license, the licensee shall | 20 | | be required to surrender his or her license to
OBRE, and upon | 21 | | failure or refusal to do so, OBRE shall have the right to seize
| 22 | | the license.
| 23 | | (e) The Office of Banks and Real Estate has the power to | 24 | | issue subpoenas and
subpoenas duces tecum to bring before it | 25 | | any person in this State, to take
testimony, or to require | 26 | | production of any records relevant to an inquiry or
hearing by |
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| 1 | | the Board in the same manner as prescribed by law in judicial
| 2 | | proceedings in the courts of this State. In a case of refusal | 3 | | of a witness to
attend, testify, or to produce books or papers | 4 | | concerning a matter upon which
he or she might be lawfully | 5 | | examined, the circuit court of the county where the
hearing is | 6 | | held, upon application of the Office of Banks and Real Estate | 7 | | or any
party to the proceeding, may compel obedience by | 8 | | proceedings as for contempt of
court.
| 9 | | (f) Any license that is suspended indefinitely or revoked | 10 | | may not be
restored for a minimum period of 2 years. After the | 11 | | 2 year period, OBRE
may restore the license without | 12 | | examination, upon the written recommendation of
the Board.
| 13 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 14 | | (225 ILCS 441/15-20)
| 15 | | (Section scheduled to be repealed on January 1, 2012)
| 16 | | Sec. 15-20.
Administrative Review Law; certification fees;
| 17 | | Illinois Administrative Procedure Act.
| 18 | | (a) All final administrative decisions of the Department | 19 | | Commissioner under this Act
are subject to
judicial review | 20 | | pursuant to the provisions of the Administrative Review Law and
| 21 | | the rules adopted pursuant thereto. The term "administrative | 22 | | decision" has the
meaning ascribed to it in Section 3-101 of | 23 | | the Administrative
Review Law.
| 24 | | (b) The Department shall not be required to certify any | 25 | | record to the court or file any answer in court or otherwise |
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| 1 | | appear in any court in a judicial review proceeding, unless and | 2 | | until the Department has received from the plaintiff payment of | 3 | | the costs of furnishing and certifying the record, which costs | 4 | | shall be determined by the Department. Exhibits shall be | 5 | | certified without cost. Failure on the part of the plaintiff to | 6 | | file a receipt in court is grounds for dismissal of the action. | 7 | | OBRE shall not be required to certify any record, file any | 8 | | answer, or
otherwise appear unless the party filing the | 9 | | administrative review complaint
pays the certification fee to | 10 | | OBRE as provided by rule. Failure on the
part
of the plaintiff | 11 | | to make such a deposit shall be grounds for dismissal of the
| 12 | | action.
| 13 | | (c) The Illinois Administrative Procedure Act is hereby | 14 | | expressly
adopted
and incorporated herein. In the event of a | 15 | | conflict between this
Act and the Illinois Administrative | 16 | | Procedure Act, this Act shall
control.
| 17 | | (Source: P.A. 92-239, eff. 8-3-01; 92-651, eff. 7-11-02.)
| 18 | | (225 ILCS 441/15-25)
| 19 | | (Section scheduled to be repealed on January 1, 2012)
| 20 | | Sec. 15-25. Temporary suspension. The Secretary | 21 | | Commissioner may temporarily
suspend the license of a licensee | 22 | | without a hearing,
while instituting a proceeding for a hearing | 23 | | as provided for in Section 15-15
of
this
Act, if the Secretary | 24 | | Commissioner finds that the evidence indicates that the public
| 25 | | interest, safety, or welfare imperatively requires emergency |
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| 1 | | action. In the
event that the Secretary Commissioner | 2 | | temporarily suspends the license without a hearing
before the | 3 | | Board , a hearing shall be held within 30 days after the | 4 | | suspension
has occurred. The suspended licensee may seek a | 5 | | continuance of the hearing
during which the suspension shall | 6 | | remain in effect. The proceeding shall be
concluded without | 7 | | appreciable delay.
| 8 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 9 | | (225 ILCS 441/15-35)
| 10 | | (Section scheduled to be repealed on January 1, 2012)
| 11 | | Sec. 15-35. Signature of the Secretary Commissioner . An | 12 | | order of revocation or
suspension or a certified copy of the | 13 | | order, bearing the seal of the Department OBRE and
purporting | 14 | | to
be signed by the Secretary Commissioner , shall be prima | 15 | | facie proof that:
| 16 | | (1) the signature is the genuine signature of the | 17 | | Secretary Commissioner ; and
| 18 | | (2) the Secretary Commissioner is duly appointed and | 19 | | qualified . ; and
| 20 | | (3) the Board and its members are qualified.
| 21 | | This proof may be rebutted.
| 22 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 23 | | (225 ILCS 441/15-55)
| 24 | | (Section scheduled to be repealed on January 1, 2012)
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| 1 | | Sec. 15-55. Returned checks; penalty fee; termination. A | 2 | | person who
delivers a check or other payment to the Department | 3 | | OBRE that is returned to the Department OBRE unpaid by
the | 4 | | financial institution upon which it was drawn shall pay to the | 5 | | Department OBRE , in
addition to the amount already owed, a | 6 | | penalty fee of $50. The Department OBRE shall notify
the | 7 | | person, by certified mail return receipt requested, that
his or | 8 | | her
check or
payment was returned and
that the person shall pay | 9 | | to the Department OBRE by certified check or money order the | 10 | | amount
of the returned check plus a $50 penalty fee within 30 | 11 | | calendar days after the
date of the notification. If, after the | 12 | | expiration of 30 calendar days of the
notification, the person | 13 | | has failed to remit the necessary funds and penalty,
the | 14 | | Department OBRE shall automatically terminate the license or | 15 | | deny the application without
hearing. If the returned check or | 16 | | other payment was for issuance of a license
under this Act and | 17 | | that person practices as a home inspector, that person may
be | 18 | | subject to discipline for unlicensed practice as provided in | 19 | | this Act. If,
after termination or denial, the person seeks a | 20 | | license, he or she shall
petition
the Department OBRE for | 21 | | restoration and he or she may be subject to additional | 22 | | discipline or
fines. The Secretary Commissioner may waive the | 23 | | penalties or fines due under this
Section in individual cases | 24 | | where the Secretary Commissioner finds that the penalties or
| 25 | | fines would be unreasonable or unnecessarily burdensome.
| 26 | | (Source: P.A. 92-239, eff. 8-3-01.)
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| 1 | | (225 ILCS 441/15-60)
| 2 | | (Section scheduled to be repealed on January 1, 2012)
| 3 | | Sec. 15-60. Violations; injunction; cease Cease and desist | 4 | | orders. | 5 | | (a) If any person violates a provision of this Act, the | 6 | | Secretary may, in the name of the People of the State of | 7 | | Illinois, through the Attorney General of the State of Illinois | 8 | | or the State's Attorney in the county in which the offense | 9 | | occurs, petition for an order enjoining the violation or for an | 10 | | order enforcing compliance with this Act. Upon the filing of a | 11 | | verified petition in court, the court may issue a temporary | 12 | | restraining order, without notice or bond, and may | 13 | | preliminarily and permanently enjoin the violation. If it is | 14 | | established that the person has violated or is violating the | 15 | | injunction, the court may punish the offender for contempt of | 16 | | court. Proceedings under this Section shall be in addition to, | 17 | | and not in lieu of, all other remedies and penalties provided | 18 | | by this Act. | 19 | | (b) If any person practices as a home inspector or holds | 20 | | himself or herself out as a home inspector without being | 21 | | licensed under the provisions of this Act, then the Secretary, | 22 | | any licensed home inspector, any interested party, or any | 23 | | person injured thereby may petition for relief as provided in | 24 | | subsection (a) of this Section or may apply to the circuit | 25 | | court of the county in which the violation or some part thereof |
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| 1 | | occurred, or in which the person complained of has his or her | 2 | | principal place of business or resides, to prevent the | 3 | | violation. The court has jurisdiction to enforce obedience by | 4 | | injunction or by other process restricting the person | 5 | | complained of from further violation and enjoining upon him or | 6 | | her obedience. | 7 | | (c) Whoever knowingly practices or offers to practice home | 8 | | inspection in this State without a license for that purpose | 9 | | shall be guilty of a Class A misdemeanor for the first offense | 10 | | and shall be guilty of a Class 4 felony for the second and any | 11 | | subsequent offense. | 12 | | (d) Whenever, in the opinion of the Department, a person | 13 | | violates any provision of this Act, the Department may issue a | 14 | | rule to show cause why an order to cease and desist should not | 15 | | be entered against that person. The rule shall clearly set | 16 | | forth the grounds relied upon by the Department and shall | 17 | | provide a period of 7 days from the date of the rule to file an | 18 | | answer to the satisfaction of the Department. Failure to answer | 19 | | to the satisfaction of the Department shall cause an order to | 20 | | cease and desist to be issued. | 21 | | OBRE may issue, cease and
desist orders to persons who engage | 22 | | in activities prohibited
by this Act. Any person in violation | 23 | | of a cease and desist order
issued by OBRE is subject to all of | 24 | | the penalties provided by law.
| 25 | | (Source: P.A. 92-239, eff. 8-3-01.)
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| 1 | | (225 ILCS 441/15-65 new) | 2 | | Sec. 15-65. Restoration of license from discipline. At any | 3 | | time after the successful completion of a term of indefinite | 4 | | probation, suspension, or revocation of a license, the | 5 | | Department may restore the license to the licensee, unless | 6 | | after an investigation and a hearing the Secretary determines | 7 | | that restoration is not in the public interest. No person or | 8 | | entity whose license, certificate, or authority has been | 9 | | revoked as authorized in this Act may apply for restoration of | 10 | | that license, certification, or authority until such time as | 11 | | provided for in the Civil Administrative Code of Illinois. | 12 | | (225 ILCS 441/15-70 new) | 13 | | Sec. 15-70. Confidentiality. All information collected by | 14 | | the Department in the course of an examination or investigation | 15 | | of a licensee or applicant, including, but not limited to, any | 16 | | complaint against a licensee filed with the Department and | 17 | | information collected to investigate any such complaint, shall | 18 | | be maintained for the confidential use of the Department and | 19 | | shall not be disclosed. The Department may not disclose the | 20 | | information to anyone other than law enforcement officials, | 21 | | other regulatory agencies that have an appropriate regulatory | 22 | | interest as determined by the Secretary, or to a party | 23 | | presenting a lawful subpoena to the Department. Information and | 24 | | documents disclosed to a federal, State, county, or local law | 25 | | enforcement agency shall not be disclosed by the agency for any |
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| 1 | | purpose to any other agency or person. A formal complaint filed | 2 | | against a licensee by the Department or any order issued by the | 3 | | Department against a licensee or applicant shall be a public | 4 | | record, except as otherwise prohibited by law.
| 5 | | (225 ILCS 441/20-5)
| 6 | | (Section scheduled to be repealed on January 1, 2012)
| 7 | | Sec. 20-5. Education provider.
| 8 | | (a) Only Beginning January 1, 2002, only education | 9 | | providers licensed by the Department OBRE may
provide
the | 10 | | pre-license and continuing education courses required for | 11 | | licensure
under this Act.
| 12 | | (b) A person or entity seeking to be licensed as an | 13 | | education
provider under this Act shall provide satisfactory | 14 | | evidence of the following:
| 15 | | (1) a sound financial base for establishing, | 16 | | promoting, and delivering the
necessary courses;
| 17 | | (2) a sufficient number of qualified instructors;
| 18 | | (3) adequate support personnel to assist with | 19 | | administrative matters and
technical assistance;
| 20 | | (4) a written policy dealing with procedures for | 21 | | management of grievances
and fee refunds;
| 22 | | (5) a qualified school administrator, who is | 23 | | responsible for the
administration of the school, courses, | 24 | | and the actions of the instructors; and
| 25 | | (6) any other requirements provided by rule.
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| 1 | | (c) All applicants for an education provider's license | 2 | | shall make initial
application to the Department OBRE on forms
| 3 | | provided by the Department OBRE and pay the appropriate fee as | 4 | | provided by rule.
The term, expiration date, and renewal of an | 5 | | education provider's
license shall be established by rule.
| 6 | | (d) An education provider shall provide each successful | 7 | | course participant
with a certificate of completion signed by | 8 | | the school administrator.
The format and content of the | 9 | | certificate shall be specified by rule.
| 10 | | (e) All education providers shall provide to the Department | 11 | | OBRE a monthly roster of all
successful course participants as
| 12 | | provided by rule.
| 13 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 14 | | (225 ILCS 441/20-10)
| 15 | | (Section scheduled to be repealed on January 1, 2012)
| 16 | | Sec. 20-10. Course approval.
| 17 | | (a) Only courses that are approved by the Department OBRE | 18 | | and offered by licensed education
providers shall be used to | 19 | | meet the requirements of this Act and rules.
| 20 | | (b) An education provider licensed under this Act may | 21 | | submit courses to the Department OBRE
for approval. The | 22 | | criteria, requirements, and fees for courses
shall be | 23 | | established by rule.
| 24 | | (c) For each course approved, the Department OBRE shall | 25 | | issue a certificate of course
approval
to the education
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| 1 | | provider. The term, expiration date, and renewal of a course
| 2 | | approval shall be established by rule.
| 3 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 4 | | (225 ILCS 441/25-5)
| 5 | | (Section scheduled to be repealed on January 1, 2012)
| 6 | | Sec. 25-5. Home Inspector Administration Fund; surcharge.
| 7 | | (a) The Home Inspector Administration Fund is
created as a | 8 | | special fund in the State Treasury. All fees, fines, and
| 9 | | penalties received
by the Department OBRE under this Act shall | 10 | | be deposited into the Home Inspector
Administration Fund.
All | 11 | | earnings attributable to investment of funds in the Home | 12 | | Inspector
Administration Fund shall be credited to the Home | 13 | | Inspector Administration
Fund.
Subject to appropriation, the | 14 | | moneys in the Home Inspector
Administration Fund shall be | 15 | | appropriated to the Department OBRE for the expenses incurred | 16 | | by
the Department OBRE and the
Board in the administration of | 17 | | this Act.
| 18 | | (b) (Blank). The State Comptroller and State Treasurer | 19 | | shall
transfer $150,000 from the Real Estate License | 20 | | Administration Fund to the
Home Inspector Administration Fund | 21 | | on July 1, 2002.
| 22 | | The State Treasurer shall
transfer $50,000 from the Home | 23 | | Inspector Administration Fund to the Real Estate
License | 24 | | Administration Fund on July 1, 2003, July 1, 2004, and July 1, | 25 | | 2005;
except that if there is a sufficient fund balance in the |
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| 1 | | Home Inspector
Administration
Fund, the Commissioner may | 2 | | recommend the acceleration of any of these
repayment transfers | 3 | | to the State Comptroller and State Treasurer,
who may, in their | 4 | | discretion, accelerate the transfers in accordance with the
| 5 | | Commissioner's recommendation.
| 6 | | (c) (Blank). Until a total of $150,000 has been transferred
| 7 | | to the Real Estate
License Administration Fund from the Home | 8 | | Inspector Administration Fund under
subsection (b),
each | 9 | | initial applicant for a license under this Act shall pay to | 10 | | OBRE a
surcharge of $150 in addition to the license fees | 11 | | otherwise required under this
Act.
| 12 | | (c-5) Moneys in the Home Inspection Administration Fund may | 13 | | be transferred to the Professions Indirect Cost Fund, as | 14 | | authorized under Section 2105-300 of the Department of | 15 | | Professional Regulation Law of the Civil Administrative Code of | 16 | | Illinois.
| 17 | | (d) Upon the completion of
any audit of the Department | 18 | | OBRE , as prescribed by the Illinois State Auditing Act, that
| 19 | | includes an audit of the Home Inspector Administration Fund, | 20 | | the Department OBRE shall make
the audit report open to | 21 | | inspection by any interested person.
| 22 | | (Source: P.A. 94-91, eff. 7-1-05.)
| 23 | | (225 ILCS 441/25-15)
| 24 | | (Section scheduled to be repealed on January 1, 2012)
| 25 | | Sec. 25-15. Liaison; duties. The Secretary Commissioner |
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| 1 | | shall appoint an employee
of the Department OBRE to:
| 2 | | (1) (blank) serve as a liaison to and as Chairperson of | 3 | | the Home Inspector
Advisory Board, without vote ;
| 4 | | (2) be the direct liaison between the Department, peer | 5 | | review advisors OBRE , the profession, home inspectors,
and | 6 | | related industry organizations and associations; and
| 7 | | (3) prepare and circulate to licensees such | 8 | | educational and informational
material as the Department | 9 | | OBRE deems necessary for providing guidance or assistance | 10 | | to
licensees.
| 11 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 12 | | (225 ILCS 441/25-17 new) | 13 | | Sec. 25-17. Peer review advisors. The Department may | 14 | | contract with licensees meeting qualifications established by | 15 | | the Department, on a full or part-time basis, to serve as peer | 16 | | review advisors for complaints and alleged violations of the | 17 | | Act. A peer review advisor is authorized to investigate and | 18 | | determine the facts of a complaint. The peer review advisor | 19 | | may, at the direction of the Department, revise the licensing | 20 | | examination, review the training and qualifications of | 21 | | applicants, and interview witnesses, the complainant and any | 22 | | licensees involved in the alleged matter.
| 23 | | (225 ILCS 441/25-20)
| 24 | | (Section scheduled to be repealed on January 1, 2012)
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| 1 | | Sec. 25-20. Powers OBRE; powers and duties of the | 2 | | Department . The Department Office of Banks and Real Estate
| 3 | | shall exercise the powers and
duties prescribed by the Civil | 4 | | Administrative Code of Illinois for the
administration of | 5 | | licensing acts and shall exercise such other powers and
duties | 6 | | as are prescribed by this Act for the administration of this | 7 | | Act. OBRE
may
contract with third parties for services | 8 | | necessary for the proper
administration of this Act, including, | 9 | | without limitation, investigators
with the
proper knowledge, | 10 | | training, and skills to properly investigate complaints
| 11 | | against home inspectors.
| 12 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 13 | | (225 ILCS 441/25-25)
| 14 | | (Section scheduled to be repealed on January 1, 2012)
| 15 | | Sec. 25-25. Rules. The Department OBRE, after considering | 16 | | any recommendations of the
Board, shall adopt any rules to | 17 | | implement, interpret, or make specific the provisions and | 18 | | purposes of this Act that may be
necessary for the | 19 | | administration, implementation, and enforcement of this Act .
| 20 | | (Source: P.A. 92-239, eff. 8-3-01.)
| 21 | | (225 ILCS 441/25-27 new) | 22 | | Sec. 25-27. Subpoenas; depositions; oaths. | 23 | | (a) The Department may subpoena and bring before it any | 24 | | person to take oral or written testimony or compel the |
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| 1 | | production of any books, papers, records, or any other | 2 | | documents the Secretary or his or her designee deems relevant | 3 | | or material to any investigation or hearing conducted by the | 4 | | Department with the same fees and in the same manner as | 5 | | prescribed in civil cases in the courts of this State. | 6 | | (b) Any circuit court, upon the application of the licensee | 7 | | or the Department, may order the attendance and testimony of | 8 | | witnesses and the production of relevant documents, files, | 9 | | records, books, and papers in connection with any hearing or | 10 | | investigation. The circuit court may compel obedience to its | 11 | | order by proceedings for contempt. | 12 | | (c) The Secretary, the hearing officer, any member of the | 13 | | Board, or a certified shorthand court reporter may administer | 14 | | oaths at any hearing the Department conducts. Notwithstanding | 15 | | any other statute or Department rule to the contrary, all | 16 | | requests for testimony, production of documents, or records | 17 | | shall be in accordance with this Act.
| 18 | | (225 ILCS 441/5-15 rep.)
| 19 | | (225 ILCS 441/15-40 rep.)
| 20 | | (225 ILCS 441/15-45 rep.)
| 21 | | (225 ILCS 441/15-50 rep.)
| 22 | | (225 ILCS 441/25-10 rep.)
| 23 | | Section 15. The Home Inspector License Act is amended by | 24 | | repealing Sections 5-15, 15-40, 15-45, 15-50, and 25-10.
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.22 | | | 4 | | 5 ILCS 80/4.32 new | | | 5 | | 225 ILCS 441/1-10 | | | 6 | | 225 ILCS 441/5-5 | | | 7 | | 225 ILCS 441/5-10 | | | 8 | | 225 ILCS 441/5-12 | | | 9 | | 225 ILCS 441/5-14 new | | | 10 | | 225 ILCS 441/5-16 | | | 11 | | 225 ILCS 441/5-17 | | | 12 | | 225 ILCS 441/5-20 | | | 13 | | 225 ILCS 441/5-45 | | | 14 | | 225 ILCS 441/10-5 | | | 15 | | 225 ILCS 441/10-10 | | | 16 | | 225 ILCS 441/15-5 | | | 17 | | 225 ILCS 441/15-10 | | | 18 | | 225 ILCS 441/15-15 | | | 19 | | 225 ILCS 441/15-20 | | | 20 | | 225 ILCS 441/15-25 | | | 21 | | 225 ILCS 441/15-35 | | | 22 | | 225 ILCS 441/15-55 | | | 23 | | 225 ILCS 441/15-60 | | | 24 | | 225 ILCS 441/15-65 new | | | 25 | | 225 ILCS 441/15-70 new | | |
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| 1 | | 225 ILCS 441/20-5 | | | 2 | | 225 ILCS 441/20-10 | | | 3 | | 225 ILCS 441/25-5 | | | 4 | | 225 ILCS 441/25-15 | | | 5 | | 225 ILCS 441/25-17 new | | | 6 | | 225 ILCS 441/25-20 | | | 7 | | 225 ILCS 441/25-25 | | | 8 | | 225 ILCS 441/25-27 new | | | 9 | | 225 ILCS 441/5-15 rep. | | | 10 | | 225 ILCS 441/15-40 rep. | | | 11 | | 225 ILCS 441/15-45 rep. | | | 12 | | 225 ILCS 441/15-50 rep. | | | 13 | | 225 ILCS 441/25-10 rep. | |
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