Full Text of SB1818 100th General Assembly
SB1818sam002 100TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 4/24/2017
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| 1 | | AMENDMENT TO SENATE BILL 1818
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1818, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Community Association Manager Licensing | 6 | | and Disciplinary Act is amended by changing Sections 5, 10, 15, | 7 | | 25, 30, 50, 55, 60, 70, 75, 85, 90, 92, 155, and 165 as follows: | 8 | | (225 ILCS 427/5)
| 9 | | (Section scheduled to be repealed on January 1, 2020) | 10 | | Sec. 5. Legislative intent. It is the intent of the General | 11 | | Assembly that this Act provide for the licensing and regulation | 12 | | of community association managers and community association | 13 | | management firms , ensure that those who hold themselves out as | 14 | | possessing professional qualifications to engage in the | 15 | | business of community association management are, in fact, | 16 | | qualified to render management services of a professional |
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| 1 | | nature, and provide for the maintenance of high standards of | 2 | | professional conduct by those licensed to provide community | 3 | | association management services.
| 4 | | (Source: P.A. 98-365, eff. 1-1-14.) | 5 | | (225 ILCS 427/10)
| 6 | | (Section scheduled to be repealed on January 1, 2020) | 7 | | Sec. 10. Definitions. As used in this Act: | 8 | | "Address of record" means the designated address recorded | 9 | | by the Department in the applicant's or licensee's application | 10 | | file or license file maintained by the Department's licensure | 11 | | maintenance unit. It is the duty of the applicant or licensee | 12 | | to inform the Department of any change of address, and such | 13 | | changes must be made either through the Department's website or | 14 | | by contacting the Department's licensure maintenance unit. | 15 | | "Advertise" means, but is not limited to, issuing or | 16 | | causing to be distributed any card, sign or device to any | 17 | | person; or causing, permitting or allowing any sign or marking | 18 | | on or in any building, structure, newspaper, magazine or | 19 | | directory, or on radio or television; or advertising by any | 20 | | other means designed to secure public attention. | 21 | | "Board" means the Illinois Community Association Manager | 22 | | Licensing and Disciplinary Board. | 23 | | "Community association" means an association in which | 24 | | membership is a condition of ownership or shareholder interest | 25 | | of a unit in a condominium, cooperative, townhouse, villa, or |
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| 1 | | other residential unit which is part of a residential | 2 | | development plan and that is authorized to impose an | 3 | | assessment, rents, or other costs that may become a lien on the | 4 | | unit or lot. | 5 | | "Community association funds" means any assessments, fees, | 6 | | fines, or other funds collected by the community association | 7 | | manager from the community association, or its members, other | 8 | | than the compensation paid to the community association manager | 9 | | for performance of community association management services. | 10 | | "Community association management firm" means a company, | 11 | | corporation, limited liability company, or other entity that | 12 | | engages in community association management services through a | 13 | | designated community association manager . | 14 | | "Community association management services" means those | 15 | | services listed in the definition of community association | 16 | | manager in this Section. | 17 | | "Community association manager" means an individual who | 18 | | administers for remuneration the financial, administrative, | 19 | | maintenance, or other duties for the community association, | 20 | | including , but not limited to, any of the following services: | 21 | | (A) collecting, controlling or disbursing funds of the | 22 | | community association or having the authority to do so; (B) | 23 | | preparing budgets or other financial documents for the | 24 | | community association; (C) assisting in the conduct of | 25 | | community association meetings; (D) maintaining association | 26 | | records; or and (E) administrating association contracts, as |
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| 1 | | stated in the declaration, bylaws, proprietary lease, | 2 | | declaration of covenants, or other governing document of the | 3 | | community association. "Community association manager" does | 4 | | not mean support staff, including, but not limited to | 5 | | bookkeepers, administrative assistants, secretaries, property | 6 | | inspectors, or customer service representatives. | 7 | | "Department" means the Department of Financial and | 8 | | Professional Regulation. | 9 | | "Designated community association manager" means a | 10 | | licensed community association manager who has an ownership | 11 | | interest in or is otherwise employed by a community association | 12 | | management firm to act as the controlling person and the | 13 | | authorized signatory for the firm on community association | 14 | | accounts and to otherwise supervise, manage, and be responsible | 15 | | for the firm's community association manager activities | 16 | | pursuant to Section 50 of this Act. | 17 | | "License" means the license issued to a person , | 18 | | corporation, partnership, limited liability company, or other | 19 | | legal entity under this Act to provide community association | 20 | | management services. | 21 | | "Person" means an any individual , corporation, | 22 | | partnership, limited liability company, or other legal entity . | 23 | | "Secretary" means the Secretary of Financial and | 24 | | Professional Regulation.
| 25 | | "Supervising community association manager" means an | 26 | | individual licensed as a community association manager who |
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| 1 | | manages and supervises a firm. | 2 | | (Source: P.A. 98-365, eff. 1-1-14; revised 10-27-16.) | 3 | | (225 ILCS 427/15)
| 4 | | (Section scheduled to be repealed on January 1, 2020) | 5 | | Sec. 15. License required. It shall be unlawful for any | 6 | | person, corporation, partnership, limited liability company, | 7 | | or other entity to provide community association management | 8 | | services, provide services as a community association manager, | 9 | | or hold himself, herself, or itself out as a community | 10 | | association manager or community association management firm | 11 | | to any community association in this State, unless he, she, or | 12 | | it holds a current and valid license issued licensed by the | 13 | | Department , employs a designated community association manager | 14 | | with a current and valid license issued by the Department, or | 15 | | is otherwise exempt from licensure under this Act.
| 16 | | (Source: P.A. 98-365, eff. 1-1-14.) | 17 | | (225 ILCS 427/25)
| 18 | | (Section scheduled to be repealed on January 1, 2020) | 19 | | Sec. 25. Community Association Manager Licensing and | 20 | | Disciplinary Board. | 21 | | (a) There is hereby created the Community Association | 22 | | Manager Licensing and Disciplinary Board, which shall consist | 23 | | of 7 members appointed by the Secretary. All members must be | 24 | | residents of the State and must have resided in the State for |
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| 1 | | at least 5 years immediately preceding the date of appointment. | 2 | | Five members of the Board must be licensees under this Act , at | 3 | | least two members of which shall be supervising community | 4 | | association managers . Two members of the Board shall be owners | 5 | | of, or hold a shareholder's interest in, a unit in a community | 6 | | association at the time of appointment who are not licensees | 7 | | under this Act and have no direct affiliation or work | 8 | | experience with the community association's community | 9 | | association manager. This Board shall act in an advisory | 10 | | capacity to the Department. | 11 | | (b) Board members shall serve for terms of 5 years, except | 12 | | that, initially, 4 members shall serve for 5 years and 3 | 13 | | members shall serve for 4 years. All members shall serve until
| 14 | | his or her successor is appointed and qualified. All vacancies | 15 | | shall be filled in like manner for the unexpired term. No | 16 | | member shall serve for more than 2 successive terms. The | 17 | | Secretary shall remove from the Board any member whose license | 18 | | has become void or has been revoked or suspended and may remove | 19 | | any member of the Board for neglect of duty, misconduct, or | 20 | | incompetence. A member who is subject to formal disciplinary | 21 | | proceedings shall disqualify himself or herself from all Board | 22 | | business until the charge is resolved. A member also shall | 23 | | disqualify himself or herself from any matter on which the | 24 | | member cannot act objectively. | 25 | | (c) Four Board members shall constitute a quorum. A quorum | 26 | | is required for all Board decisions. |
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| 1 | | (d) The Board shall elect annually a chairperson and vice | 2 | | chairperson. | 3 | | (e) Each member shall receive reimbursement as set by the | 4 | | Governor's Travel Control Board for expenses incurred in | 5 | | carrying out the duties as a Board member. The Board shall be | 6 | | compensated as determined by the Secretary. | 7 | | (f) The Board may recommend policies, procedures, and rules | 8 | | relevant to the administration and enforcement of this Act.
| 9 | | (Source: P.A. 98-365, eff. 1-1-14.) | 10 | | (225 ILCS 427/30)
| 11 | | (Section scheduled to be repealed on January 1, 2020) | 12 | | Sec. 30. Powers and duties of the Department. The | 13 | | Department may exercise the following functions, powers and | 14 | | duties: | 15 | | (a) formulate rules for the administration and | 16 | | enforcement of this Act; | 17 | | (b) prescribe forms to be issued for the administration | 18 | | and enforcement of this Act; | 19 | | (c) conduct hearings or proceedings to refuse to issue, | 20 | | renew, suspend, revoke, place on probation, reprimand, or | 21 | | take disciplinary or non-disciplinary action as the | 22 | | Department may deem appropriate under this Act; | 23 | | (d) maintain a roster of the names and addresses of all | 24 | | licensees and the community association management firms | 25 | | that employ them in a manner as deemed appropriate by the |
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| 1 | | Department; and | 2 | | (e) seek the advice and expert knowledge of the Board | 3 | | on any matter relating to the
administration and | 4 | | enforcement of this Act.
| 5 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 6 | | (225 ILCS 427/50)
| 7 | | (Section scheduled to be repealed on January 1, 2020) | 8 | | Sec. 50. Community association management firm.
| 9 | | (a) No corporation, partnership, limited liability | 10 | | company, or other legal entity shall provide or offer to | 11 | | provide community association management services, unless it | 12 | | does so through a licensed community association manager that | 13 | | has applied in writing on the prescribed forms and has paid the | 14 | | required nonrefundable fees and provided evidence to the | 15 | | Department that he or she meets the requirements to be named as | 16 | | a the firm has designated community association manager and | 17 | | agrees a licensed supervising community association manager to | 18 | | supervise and manage the firm's licensed activities firm . A | 19 | | designated supervising community association manager shall be | 20 | | a continuing requirement of firm operation. licensure. No | 21 | | supervising community association manager may be the | 22 | | supervising community association manager for more than one | 23 | | firm. | 24 | | (b) Any corporation, partnership, limited liability | 25 | | company, or other legal entity that is providing, or offering |
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| 1 | | to provide, community association management services and is | 2 | | not in compliance with Section 50 and other provisions of this | 3 | | Act shall be subject to the civil penalties fines , injunctions, | 4 | | cease and desist provisions, and penalties provided for in | 5 | | Sections 90, 92, and 155 of this Act. | 6 | | (c) No community association manager may be the designated | 7 | | community association manager licensee-in-charge for more than | 8 | | one firm, corporation, limited liability company, or other | 9 | | legal entity.
| 10 | | (d) The Department is authorized to adopt rules and set all | 11 | | necessary requirements for the implementation of this Section. | 12 | | (Source: P.A. 98-365, eff. 1-1-14.) | 13 | | (225 ILCS 427/55)
| 14 | | (Section scheduled to be repealed on January 1, 2020) | 15 | | Sec. 55. Fidelity insurance; segregation of accounts. | 16 | | (a) The designated supervising community association | 17 | | manager or the community association management firm with which | 18 | | he or she is employed shall not have access to and disburse | 19 | | community association funds unless each of the following | 20 | | conditions occur: | 21 | | (1) There is fidelity insurance in place to insure | 22 | | against loss for theft of community association funds. | 23 | | (2) The fidelity insurance is not less than all moneys | 24 | | under the control of the designated supervising community | 25 | | association manager or the employing community association |
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| 1 | | management firm for the association. | 2 | | (3) The fidelity insurance covers the designated | 3 | | community association manager, all other licensees, | 4 | | supervising community association manager, and all | 5 | | partners, officers, and employees of the community | 6 | | association management firm during the term of the | 7 | | insurance coverage, which shall be at least for the same | 8 | | term as the service agreement between the community | 9 | | association management firm or supervising community | 10 | | association manager as well as the community association | 11 | | officers, directors, and employees. | 12 | | (4) The insurance company issuing the fidelity | 13 | | insurance may not cancel or refuse to renew the bond | 14 | | without giving at least 10 days' prior written notice. | 15 | | (5) Unless an agreement between the community | 16 | | association and the supervising community association | 17 | | manager or the community association management firm | 18 | | provides to the contrary, a community association may | 19 | | secure and pay for the fidelity insurance required by this | 20 | | Section. The designated supervising community association | 21 | | manager , all other licensees, and or the community | 22 | | association management firm must be named as additional | 23 | | insured parties on the community association policy. | 24 | | (b) A community association management firm that provides | 25 | | community association management services for more than one | 26 | | community association shall maintain separate, segregated |
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| 1 | | accounts for each community association or, with the consent of | 2 | | the community association, combine the accounts of one or more | 3 | | community associations, but in that event, separately account | 4 | | for the funds of each community association. The funds shall | 5 | | not, in any event, be commingled with the supervising community | 6 | | association manager's or community association management | 7 | | firm's funds. The maintenance of such accounts shall be | 8 | | custodial, and such accounts shall be in the name of the | 9 | | respective community association or community association | 10 | | manager or community association management firm Community | 11 | | Association Management Agency as the agent for the association. | 12 | | (c) The supervising community association manager or | 13 | | community association management firm shall obtain the | 14 | | appropriate general liability and errors and omissions | 15 | | insurance, as determined by the Department, to cover any losses | 16 | | or claims against the supervising community association | 17 | | manager or the community association management firm. | 18 | | (d) The Department shall have authority to promulgate | 19 | | additional rules regarding insurance, fidelity insurance and | 20 | | all accounts maintained and to be maintained by a designated | 21 | | supervising community association manager or community | 22 | | association management firm.
| 23 | | (Source: P.A. 98-365, eff. 1-1-14.) | 24 | | (225 ILCS 427/60)
| 25 | | (Section scheduled to be repealed on January 1, 2020) |
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| 1 | | Sec. 60. Licenses; renewals; restoration; person in | 2 | | military service. | 3 | | (a) The expiration date and renewal period for each license | 4 | | issued under this Act shall be set by rule. The Department may | 5 | | promulgate rules requiring continuing education and set all | 6 | | necessary requirements for such, including but not limited to | 7 | | fees, approved coursework, number of hours, and waivers of | 8 | | continuing education. | 9 | | (b) Any licensee who has permitted his or , her , or its | 10 | | license to expire may have the license restored by making | 11 | | application to the Department and filing proof acceptable to | 12 | | the Department of fitness to have his or , her , or its license | 13 | | restored, by which may include sworn evidence certifying to | 14 | | active practice in another jurisdiction satisfactory to the | 15 | | Department, complying with any continuing education | 16 | | requirements, and paying the required restoration fee. | 17 | | (c) If the person has not maintained an active practice in | 18 | | another jurisdiction satisfactory to the Department, the | 19 | | Department shall determine, by an evaluation program | 20 | | established by rule, the person's fitness to resume active | 21 | | status and may require the person to complete a period of | 22 | | evaluated clinical experience and successful completion of a | 23 | | practical examination.
However, any person whose license | 24 | | expired while (i) in federal service on active duty with the | 25 | | Armed Forces of the United States or called into service or | 26 | | training with the State Militia or (ii) in training or |
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| 1 | | education under the supervision of the United States | 2 | | preliminary to induction into the military service may have his | 3 | | or her license renewed or restored without paying any lapsed | 4 | | renewal fees if, within 2 years after honorable termination of | 5 | | the service, training or education, except under condition | 6 | | other than honorable, he or she furnishes the Department with | 7 | | satisfactory evidence to the effect that he or she has been so | 8 | | engaged and that the service, training, or education has been | 9 | | so terminated. | 10 | | (d) A community association manager , community association | 11 | | management firm or supervising community association manager | 12 | | who notifies the Department, in writing on forms prescribed by | 13 | | the Department, may place his or , her , or its license on | 14 | | inactive status and shall be excused from the payment of | 15 | | renewal fees until the person notifies the Department in | 16 | | writing of the intention to resume active practice. | 17 | | (e) A community association manager , community association | 18 | | management firm, or supervising community association manager | 19 | | requesting his or , her , or its license be changed from inactive | 20 | | to active status shall be required to pay the current renewal | 21 | | fee and shall also demonstrate compliance with the continuing | 22 | | education requirements. | 23 | | (f) Any licensee with a nonrenewed or on inactive license | 24 | | status or any community association firm operating without a | 25 | | designated community association manager shall not provide | 26 | | community association management services as set forth in this |
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| 1 | | Act. | 2 | | (g) Any person or entity violating subsection (f) of this | 3 | | Section shall be considered to be practicing without a license | 4 | | and will be subject to the disciplinary provisions of this Act.
| 5 | | (Source: P.A. 98-365, eff. 1-1-14.) | 6 | | (225 ILCS 427/70)
| 7 | | (Section scheduled to be repealed on January 1, 2020) | 8 | | Sec. 70. Penalty for insufficient funds; payments. Any | 9 | | person who delivers a check or other payment to the Department | 10 | | that is returned to the Department unpaid by the financial | 11 | | institution upon which it is drawn shall pay to the Department, | 12 | | in addition to the amount already owed to the Department, a | 13 | | fine of $50. The Department shall notify the person that | 14 | | payment of fees and fines shall be paid to the Department by | 15 | | certified check or money order within 30 calendar days after | 16 | | notification. If, after the expiration of 30 days from the date | 17 | | of the notification, the person has failed to submit the | 18 | | necessary remittance, the Department shall automatically | 19 | | terminate the license or deny the application, without hearing. | 20 | | If, after termination or denial, the person seeks a license, he | 21 | | or , she , or it shall apply to the Department for restoration or | 22 | | issuance of the license and pay all fees and fines due to the | 23 | | Department. The Department may establish a fee for the | 24 | | processing of an application for restoration of a license to | 25 | | pay all expenses of processing this application. The Secretary |
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| 1 | | may waive the fines due under this Section in individual cases | 2 | | where the Secretary finds that the fines would be unreasonable | 3 | | or unnecessarily burdensome.
| 4 | | (Source: P.A. 98-365, eff. 1-1-14.) | 5 | | (225 ILCS 427/75)
| 6 | | (Section scheduled to be repealed on January 1, 2020) | 7 | | Sec. 75. Endorsement. The Department may issue a community | 8 | | association manager or supervising community association | 9 | | manager license, without the required examination, to an | 10 | | applicant licensed under the laws of another state if the | 11 | | requirements for licensure in that state are, on the date of | 12 | | licensure, substantially equal to the requirements of this Act | 13 | | or to a person who, at the time of his or her application for | 14 | | licensure, possessed individual qualifications that were | 15 | | substantially equivalent to the requirements then in force in | 16 | | this State. An applicant under this Section shall pay all of | 17 | | the required fees. | 18 | | Applicants have 3 years from the date of application to | 19 | | complete the application process. If the process has not been | 20 | | completed within the 3 years, the application shall be denied, | 21 | | the fee shall be forfeited, and the applicant must reapply and | 22 | | meet the requirements in effect at the time of reapplication.
| 23 | | (Source: P.A. 98-365, eff. 1-1-14.) | 24 | | (225 ILCS 427/85)
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| 1 | | (Section scheduled to be repealed on January 1, 2020) | 2 | | Sec. 85. Grounds for discipline; refusal, revocation, or | 3 | | suspension. | 4 | | (a) The Department may refuse to issue or renew a license, | 5 | | or may place on probation, reprimand, suspend, or revoke any | 6 | | license, or take any other disciplinary or non-disciplinary | 7 | | action as the Department may deem proper and impose a fine not | 8 | | to exceed $10,000 for each violation upon any licensee or | 9 | | applicant under this Act or any person or entity who holds | 10 | | himself, herself, or itself out as an applicant or licensee for | 11 | | any one or combination of the following causes: | 12 | | (1) Material misstatement in furnishing information to | 13 | | the Department. | 14 | | (2) Violations of this Act or its rules. | 15 | | (3) Conviction of or entry of a plea of guilty or plea | 16 | | of nolo contendere to a felony or a misdemeanor under the | 17 | | laws of the United States, any state, or any other | 18 | | jurisdiction or entry of an administrative sanction by a | 19 | | government agency in this State or any other jurisdiction. | 20 | | Action taken under this paragraph (3) for a misdemeanor or | 21 | | an administrative sanction is limited to a misdemeanor or | 22 | | administrative sanction that has as an essential element | 23 | | dishonesty or fraud, that involves larceny, embezzlement, | 24 | | or obtaining money, property, or credit by false pretenses | 25 | | or by means of a confidence game, or that is directly | 26 | | related to the practice of the profession. |
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| 1 | | (4) Making any misrepresentation for the purpose of | 2 | | obtaining a license or violating any provision of this Act | 3 | | or its rules. | 4 | | (5) Professional incompetence. | 5 | | (6) Gross negligence. | 6 | | (7) Aiding or assisting another person in violating any | 7 | | provision of this Act or its rules. | 8 | | (8) Failing, within 30 days, to provide information in | 9 | | response to a request made by the Department. | 10 | | (9) Engaging in dishonorable, unethical, or | 11 | | unprofessional conduct of a character likely to deceive, | 12 | | defraud or harm the public as defined by the rules of the | 13 | | Department, or violating the rules of professional conduct | 14 | | adopted by the Department. | 15 | | (10) Habitual or excessive use or addiction to alcohol, | 16 | | narcotics, stimulants, or any other chemical agent or drug | 17 | | that results in the inability to practice with reasonable | 18 | | judgment, skill, or safety. | 19 | | (11) Having been disciplined by another state, the | 20 | | District of Columbia, a territory, a foreign nation, or a | 21 | | governmental agency authorized to impose discipline if at | 22 | | least one of the grounds for the discipline is the same or | 23 | | substantially equivalent of one of the grounds for which a | 24 | | licensee may be disciplined under this Act. A certified | 25 | | copy of the record of the action by the other state or | 26 | | jurisdiction shall be prima facie evidence thereof. |
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| 1 | | (12) Directly or indirectly giving to or receiving from | 2 | | any person, firm, corporation, partnership or association | 3 | | any fee, commission, rebate, or other form of compensation | 4 | | for any professional services not actually or personally | 5 | | rendered. | 6 | | (13) A finding by the Department that the licensee, | 7 | | after having his or , her , or its license placed on | 8 | | probationary status, has violated the terms of probation. | 9 | | (14) Willfully making or filing false records or | 10 | | reports relating to a licensee's practice, including but | 11 | | not limited to false records filed with any State or | 12 | | federal agencies or departments. | 13 | | (15) Being named as a perpetrator in an indicated | 14 | | report by the Department of Children and Family Services | 15 | | under the Abused and Neglected Child Reporting Act and upon | 16 | | proof by clear and convincing evidence that the licensee | 17 | | has caused a child to be an abused child or neglected child | 18 | | as defined in the Abused and Neglected Child Reporting Act. | 19 | | (16) Physical illness or mental illness or impairment, | 20 | | including, but not limited to, deterioration through the | 21 | | aging process or loss of motor skill that results in the | 22 | | inability to practice the profession with reasonable | 23 | | judgment, skill, or safety. | 24 | | (17) Solicitation of professional services by using | 25 | | false or misleading advertising. | 26 | | (18) A finding that licensure has been applied for or |
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| 1 | | obtained by fraudulent means. | 2 | | (19) Practicing or attempting to practice under a name | 3 | | other than the full name as shown on the license or any | 4 | | other legally authorized name unless approved by the | 5 | | Department . | 6 | | (20) Gross overcharging for professional services | 7 | | including, but not limited to, (i) collection of fees or | 8 | | moneys for services that are not rendered; and (ii) | 9 | | charging for services that are not in accordance with the | 10 | | contract between the licensee and the community | 11 | | association. | 12 | | (21) Improper commingling of personal and client funds | 13 | | in violation of this Act or any rules promulgated thereto. | 14 | | (22) Failing to account for or remit any moneys or | 15 | | documents coming into the licensee's possession that | 16 | | belong to another person or entity. | 17 | | (23) Giving differential treatment to a person that is | 18 | | to that person's detriment because of race, color, creed, | 19 | | sex, religion, or national origin. | 20 | | (24) Performing and charging for services without | 21 | | reasonable authorization to do so from the person or entity | 22 | | for whom service is being provided. | 23 | | (25) Failing to make available to the Department, upon | 24 | | request, any books, records, or forms required by this Act. | 25 | | (26) Purporting to be a designated supervising | 26 | | community association manager of a firm without active |
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| 1 | | participation in the firm. | 2 | | (27) Failing to make available to the Department at the | 3 | | time of the request any indicia of licensure or | 4 | | registration issued under this Act. | 5 | | (28) Failing to maintain and deposit funds belonging to | 6 | | a community association in accordance with subsection (b) | 7 | | of Section 55 of this Act. | 8 | | (29) Violating the terms of a disciplinary order issued | 9 | | by the Department. | 10 | | (30) Operating a community association management firm | 11 | | without a licensed designated community association | 12 | | manager. | 13 | | (31) Failing to meet the requirements for acting as a | 14 | | designated community association manager, if appropriate. | 15 | | (b) In accordance with subdivision (a)(5) of Section | 16 | | 2105-15 of the Department of Professional Regulation Law of the | 17 | | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15), | 18 | | the Department shall deny a license or renewal authorized by | 19 | | this Act to a person who has defaulted on an educational loan | 20 | | or scholarship provided or guaranteed by the Illinois Student | 21 | | Assistance Commission or any governmental agency of this State. | 22 | | (c) The determination by a circuit court that a licensee is | 23 | | subject to involuntary admission or judicial admission, as | 24 | | provided in the Mental Health and Developmental Disabilities | 25 | | Code, operates as an automatic suspension. The suspension will | 26 | | terminate only upon a finding by a court that the patient is no |
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| 1 | | longer subject to involuntary admission or judicial admission | 2 | | and the issuance of an order so finding and discharging the | 3 | | patient, and upon the recommendation of the Board to the | 4 | | Secretary that the licensee be allowed to resume his or her | 5 | | practice as a licensed community association manager. | 6 | | (d) In accordance with subsection (g) of Section 2105-15 of | 7 | | the Department of Professional Regulation Law of the Civil | 8 | | Administrative Code of Illinois (20 ILCS 2105/2105-15), the | 9 | | Department may refuse to issue or renew or may suspend the | 10 | | license of any person who fails to file a return, to pay the | 11 | | tax, penalty, or interest shown in a filed return, or to pay | 12 | | any final assessment of tax, penalty, or interest, as required | 13 | | by any tax Act administered by the Department of Revenue, until | 14 | | such time as the requirements of that tax Act are satisfied.
| 15 | | (e) In accordance with subdivision (a)(5) of Section | 16 | | 2105-15 of the Department of Professional Regulation Law of the | 17 | | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15) | 18 | | and in cases where the Department of Healthcare and Family | 19 | | Services (formerly Department of Public Aid) has previously | 20 | | determined that a licensee or a potential licensee is more than | 21 | | 30 days delinquent in the payment of child support and has | 22 | | subsequently certified the delinquency to the Department may | 23 | | refuse to issue or renew or may revoke or suspend that person's | 24 | | license or may take other disciplinary action against that | 25 | | person based solely upon the certification of delinquency made | 26 | | by the Department of Healthcare and Family Services. |
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| 1 | | (f) In enforcing this Section, the Department or Board upon | 2 | | a showing of a possible violation may compel a licensee or an | 3 | | individual licensed to practice under this Act, or who has | 4 | | applied for licensure under this Act, to submit to a mental or | 5 | | physical examination, or both, as required by and at the | 6 | | expense of the Department. The Department or Board may order | 7 | | the examining physician to present testimony concerning the | 8 | | mental or physical examination of the licensee or applicant. No | 9 | | information shall be excluded by reason of any common law or | 10 | | statutory privilege relating to communications between the | 11 | | licensee or applicant and the examining physician. The | 12 | | examining physicians shall be specifically designated by the | 13 | | Board or Department. The individual to be examined may have, at | 14 | | his or her own expense, another physician of his or her choice | 15 | | present during all aspects of this examination. Failure of an | 16 | | individual to submit to a mental or physical examination, when | 17 | | directed, shall be grounds for suspension of his or her license | 18 | | or denial of his or her application or renewal until the | 19 | | individual submits to the examination if the Department finds, | 20 | | after notice and hearing, that the refusal to submit to the | 21 | | examination was without reasonable cause.
| 22 | | If the Department or Board finds an individual unable to | 23 | | practice because of the reasons set forth in this Section, the | 24 | | Department or Board may require that individual to submit to | 25 | | care, counseling, or treatment by physicians approved or | 26 | | designated by the Department or Board, as a condition, term, or |
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| 1 | | restriction for continued, reinstated, or renewed licensure to | 2 | | practice; or, in lieu of care, counseling, or treatment, the | 3 | | Department may file, or the Board may recommend to the | 4 | | Department to file, a complaint to immediately suspend, revoke, | 5 | | deny, or otherwise discipline the license of the individual. An | 6 | | individual whose license was granted, continued, reinstated, | 7 | | renewed, disciplined or supervised subject to such terms, | 8 | | conditions, or restrictions, and who fails to comply with such | 9 | | terms, conditions, or restrictions, shall be referred to the | 10 | | Secretary for a determination as to whether the individual | 11 | | shall have his or her license suspended immediately, pending a | 12 | | hearing by the Department. | 13 | | In instances in which the Secretary immediately suspends a | 14 | | person's license under this Section, a hearing on that person's | 15 | | license must be convened by the Department within 30 days after | 16 | | the suspension and completed without appreciable delay. The | 17 | | Department and Board shall have the authority to review the | 18 | | subject individual's record of treatment and counseling | 19 | | regarding the impairment to the extent permitted by applicable | 20 | | federal statutes and regulations safeguarding the | 21 | | confidentiality of medical records. | 22 | | An individual licensed under this Act and affected under | 23 | | this Section shall be afforded an opportunity to demonstrate to | 24 | | the Department or Board that he or she can resume practice in | 25 | | compliance with acceptable and prevailing standards under the | 26 | | provisions of his or her license.
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| 1 | | (Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14; | 2 | | 98-756, eff. 7-16-14.) | 3 | | (225 ILCS 427/90)
| 4 | | (Section scheduled to be repealed on January 1, 2020) | 5 | | Sec. 90. Violations; injunctions; cease and desist orders. | 6 | | (a) If any person violates a provision of this Act, the | 7 | | Secretary may, in the name of the People of the State of | 8 | | Illinois, through the Attorney General of the State of | 9 | | Illinois, petition for an order enjoining the violation or for | 10 | | an order enforcing compliance with this Act. Upon the filing of | 11 | | a 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 are in addition to, and | 17 | | not in lieu of, all other remedies and penalties provided by | 18 | | this Act. | 19 | | (b) If any person, entity or other business may provide | 20 | | community association management services or provide services | 21 | | as community association manager to any community association | 22 | | in this State without having a valid license under this Act or | 23 | | without a designated community association manager for a | 24 | | community association management firm , then any licensee, any | 25 | | interested party or any person injured thereby may, in addition |
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| 1 | | to the Secretary, petition for relief as provided in subsection | 2 | | (a) of this Section. | 3 | | (c) Whenever in the opinion of the Department any person, | 4 | | entity or other business violates any provision of this Act, | 5 | | the Department may issue a rule to show cause why an order to | 6 | | cease and desist should not be entered against such person, | 7 | | firm or other entity. The rule shall clearly set forth the | 8 | | grounds relied upon by the Department and shall provide a | 9 | | period of at least 7 days from the date of the rule to file an | 10 | | answer to the satisfaction of the Department. If the person, | 11 | | firm or other entity fails to file an answer satisfactory to | 12 | | the Department, the matter shall be considered as a default and | 13 | | the Department may cause an order to cease and desist to be | 14 | | issued immediately.
| 15 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 16 | | (225 ILCS 427/92)
| 17 | | (Section scheduled to be repealed on January 1, 2020) | 18 | | Sec. 92. Unlicensed practice; violation; civil penalty. | 19 | | (a) Any person, entity or other business who practices, | 20 | | offers to practice, attempts to practice, or holds himself, | 21 | | herself or itself out to practice as a community association | 22 | | manager or community association management firm or provide | 23 | | services as a community association manager or community | 24 | | association management firm to any community association in | 25 | | this State without being licensed under this Act or without a |
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| 1 | | designated community association manager for a community | 2 | | association management firm shall, in addition to any other | 3 | | penalty provided by law, pay a civil penalty to the Department | 4 | | in an amount not to exceed $10,000 for each offense, as | 5 | | determined by the Department. The civil penalty shall be | 6 | | assessed by the Department after a hearing is held in | 7 | | accordance with the provisions set forth in this Act regarding | 8 | | the provision of a hearing for the discipline of a licensee. | 9 | | (b) The Department may investigate any and all unlicensed | 10 | | activity. | 11 | | (c) The civil penalty shall be paid within 60 days after | 12 | | the effective date of the order imposing the civil penalty. The | 13 | | order shall constitute a judgment and may be filed and | 14 | | execution had thereon in the same manner as any judgment from | 15 | | any court of record.
| 16 | | (Source: P.A. 98-365, eff. 1-1-14.) | 17 | | (225 ILCS 427/155)
| 18 | | (Section scheduled to be repealed on January 1, 2020) | 19 | | Sec. 155. Violations; penalties. | 20 | | (a) A person who violates any of the following provisions | 21 | | shall be guilty of a Class A misdemeanor; a person who commits | 22 | | a second or subsequent violation of these provisions is guilty | 23 | | of a Class 4 felony: | 24 | | (1) The practice of or attempted practice of or holding | 25 | | out as available to practice as a community association |
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| 1 | | manager or supervising community association manager | 2 | | without a license. | 3 | | (2) Operation of or attempt to operate a community | 4 | | association management firm without a firm license or a | 5 | | designated supervising community association manager. | 6 | | (3) The obtaining of or the attempt to obtain any | 7 | | license or authorization issued under this Act by | 8 | | fraudulent misrepresentation. | 9 | | (b) Whenever a licensee is convicted of a felony related to | 10 | | the violations set forth in this Section, the clerk of the | 11 | | court in any jurisdiction shall promptly report the conviction | 12 | | to the Department and the Department shall immediately revoke | 13 | | any license authorized under this Act held by that licensee. | 14 | | The licensee shall not be eligible for licensure under this Act | 15 | | until at least 10 years have elapsed since the time of full | 16 | | discharge from any sentence imposed for a felony conviction. If | 17 | | any person in making any oath or affidavit required by this Act | 18 | | swears falsely, the person is guilty of perjury and may be | 19 | | punished accordingly.
| 20 | | (Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.) | 21 | | (225 ILCS 427/165)
| 22 | | (Section scheduled to be repealed on January 1, 2020) | 23 | | Sec. 165. Home rule. The regulation and licensing of | 24 | | community association managers , supervising community | 25 | | association managers, and community association management |
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| 1 | | firms are exclusive powers and functions of the State. A home | 2 | | rule unit may not regulate or license community association | 3 | | managers , supervising community association managers, or | 4 | | community association management firms . This Section is a | 5 | | denial and limitation of home rule powers and functions under | 6 | | subsection (h) of Section 6 of Article VII of the Illinois | 7 | | Constitution.
| 8 | | (Source: P.A. 98-365, eff. 1-1-14.) | 9 | | (225 ILCS 427/42 rep.) | 10 | | Section 10. The Community Association Manager Licensing | 11 | | and Disciplinary Act is amended by repealing Section 42.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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