Illinois General Assembly - Full Text of HB0562
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Full Text of HB0562  102nd General Assembly

HB0562 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0562

 

Introduced 2/8/2021, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Home Inspector License Act. Provides that all applicants and licensees shall provide a valid address and email address to the Department of Financial and Professional Regulation and inform the Department of any change of address or email address within 14 days. Provides that the Department may adopt rules to permit the issuance of citations to any licensee for failure to comply with the continuing education requirements set forth in the Act or as established by rule. Provides that all applicants for a home inspector license and all licensees shall maintain general liability insurance in an amount of not less than $100,000 with deductibles of not more than $2,500. Provides that except as otherwise expressly provided, nothing in the Act shall be construed to grant to any person a private right of action for damages or to enforce the provisions of the Act or the rules adopted under the Act. Makes changes in provisions concerning necessity of license, use of title, and exemptions; application for a home inspector license; renewal of a license; endorsement; continuing education renewal requirements; retention of records; grounds for disciplinary action; investigation, notice, and hearing; returned checks and dishonored credit card charges and penalty fees; violations, injunctions, and cease and desist orders; and education providers. Repeals a provision concerning peer review advisors. Amends the Regulatory Sunset Act to repeal the Home Inspector License Act on January 1, 2032. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act take effect immediately.


LRB102 02734 SPS 12886 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0562LRB102 02734 SPS 12886 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.32 and by adding Section 4.41 as follows:
 
6    (5 ILCS 80/4.32)
7    Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9    The Boxing and Full-contact Martial Arts Act.
10    The Cemetery Oversight Act.
11    The Collateral Recovery Act.
12    The Community Association Manager Licensing and
13Disciplinary Act.
14    The Crematory Regulation Act.
15    The Detection of Deception Examiners Act.
16    The Home Inspector License Act.
17    The Illinois Health Information Exchange and Technology
18Act.
19    The Medical Practice Act of 1987.
20    The Registered Interior Designers Act.
21    The Massage Licensing Act.
22    The Petroleum Equipment Contractors Licensing Act.
23    The Radiation Protection Act of 1990.

 

 

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1    The Real Estate Appraiser Licensing Act of 2002.
2    The Water Well and Pump Installation Contractor's License
3Act.
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
 
6    (5 ILCS 80/4.41 new)
7    Sec. 4.41. Act repealed on January 1, 2032. The following
8Act is repealed on January 1, 2032:
9    The Home Inspector License Act.
 
10    Section 10. The Home Inspector License Act is amended by
11changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20,
125-30, 10-10, 15-10, 15-15, 15-20, 15-55, 15-60, 20-5, 25-15,
13and 25-27 and by adding Sections 1-12, 5-50, 15-10.1, and
1415-36 as follows:
 
15    (225 ILCS 441/1-10)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 1-10. Definitions. As used in this Act, unless the
18context otherwise requires:
19    "Address of record" means the designated street address,
20which may not be a post office box, recorded by the Department
21in the applicant's or licensee's application file or license
22file as maintained by the Department's licensure maintenance
23unit. It is the duty of the applicant or licensee to inform the

 

 

HB0562- 3 -LRB102 02734 SPS 12886 b

1Department of any change of address and those changes must be
2made either through the Department's website or by contacting
3the Department.
4    "Applicant" means a person who applies to the Department
5for a license under this Act.
6    "Client" means a person who engages or seeks to engage the
7services of a home inspector for an inspection assignment.
8    "Department" means the Department of Financial and
9Professional Regulation.
10    "Email address of record" means the designated email
11address recorded by the Department in the applicant's
12application file or the licensee's license file, as maintained
13by the Department.
14    "Home inspection" means the examination and evaluation of
15the exterior and interior components of residential real
16property, which includes the inspection of any 2 or more of the
17following components of residential real property in
18connection with or to facilitate the sale, lease, or other
19conveyance of, or the proposed sale, lease or other conveyance
20of, residential real property:
21        (1) heating, ventilation, and air conditioning system;
22        (2) plumbing system;
23        (3) electrical system;
24        (4) structural composition;
25        (5) foundation;
26        (6) roof;

 

 

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1        (7) masonry structure; or
2        (8) any other residential real property component as
3    established by rule.
4    "Home inspector" means a person who, for another and for
5compensation either direct or indirect, performs home
6inspections.
7    "Home inspection report" or "inspection report" means a
8written evaluation prepared and issued by a home inspector
9upon completion of a home inspection, which meets the
10standards of practice as established by the Department.
11    "Inspection assignment" means an engagement for which a
12home inspector is employed or retained to conduct a home
13inspection and prepare a home inspection report.
14    "License" means the privilege conferred by the Department
15to a person who has fulfilled all requirements prerequisite to
16any type of licensure under this Act.
17    "Licensee" means a home inspector, home inspector entity,
18or home inspector education provider.
19    "Person" means individuals, entities, corporations,
20limited liability companies, registered limited liability
21partnerships, and partnerships, foreign or domestic, except
22that when the context otherwise requires, the term may refer
23to a single individual or other described entity.
24    "Residential real property" means real property that is
25used or intended to be used as a residence by one or more
26individuals.

 

 

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1    "Secretary" means the Secretary of Financial and
2Professional Regulation or the Secretary's designee.
3    "Standards of practice" means recognized standards and
4codes to be used in a home inspection, as determined by the
5Department and established by rule.
6(Source: P.A. 97-226, eff. 7-28-11.)
 
7    (225 ILCS 441/1-12 new)
8    Sec. 1-12. Address of record; email address of record. All
9applicants and licensees shall:
10        (1) provide a valid address and email address to the
11    Department, which shall serve as the address of record and
12    email address of record, respectively, at the time of
13    application for licensure or renewal of a license; and
14        (2) inform the Department of any change of address of
15    record or email address of record within 14 days after
16    such change through the Department's website or by
17    contacting the Department.
 
18    (225 ILCS 441/5-5)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 5-5. Necessity of license; use of title; exemptions.
21    (a) It is unlawful for any person, including any entity,
22to act or assume to act as a home inspector, to engage in the
23business of home inspection, to develop a home inspection
24report, to practice as a home inspector, or to advertise or

 

 

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1hold oneself himself, herself, or itself out to be a home
2inspector without a home inspector license issued under this
3Act. A person who violates this subsection is guilty of a Class
4A misdemeanor for the first offense and a Class 4 felony for
5the second and any subsequent offenses.
6    (b) It is unlawful for any person, other than a person who
7holds a valid home inspector license issued pursuant to this
8Act, to use the title "home inspector" or any other title,
9designation, or abbreviation likely to create the impression
10that the person is licensed as a home inspector pursuant to
11this Act. A person who violates this subsection is guilty of a
12Class A misdemeanor.
13    (c) The licensing requirements of this Article do not
14apply to:
15        (1) any person who is employed as a code enforcement
16    official by the State of Illinois or any unit of local
17    government, while acting within the scope of that
18    government employment;
19        (2) any person licensed in this State by any other law
20    who is engaging in the profession or occupation for which
21    the person is licensed by the State of Illinois while
22    acting within the scope of his or her license; or
23        (3) any person engaged by the owner or lessor of
24    residential real property for the purpose of preparing a
25    bid or estimate as to the work necessary or the costs
26    associated with performing home construction, home

 

 

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1    remodeling, or home repair work on the residential real
2    property, provided such person does not hold himself or
3    herself out, or advertise or hold oneself out as himself
4    or herself, as being engaged in business as a home
5    inspector.
6(Source: P.A. 97-226, eff. 7-28-11.)
 
7    (225 ILCS 441/5-10)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 5-10. Application for home inspector license. Every
10natural person who desires to obtain a home inspector license
11shall:
12        (1) apply to the Department in a manner on forms
13    prescribed by the Department and accompanied by the
14    required fee; all applications shall contain the
15    information that, in the judgment of the Department,
16    enables the Department to pass on the qualifications of
17    the applicant for a license to practice as a home
18    inspector as set by rule;
19        (2) be at least 18 years of age;
20        (3) successfully complete a 4-year course of study in
21    a high school or secondary school or an equivalent course
22    of study approved by the state in which the school is
23    located, or possess a high school equivalency certificate,
24    which shall be verified under oath by the applicant
25    provide evidence of having attained a high school diploma

 

 

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1    or completed an equivalent course of study as determined
2    by an examination conducted by the Illinois State Board of
3    Education;
4        (4) personally take and pass an examination authorized
5    by the Department; and
6        (5) prior to taking the examination, provide evidence
7    to the Department that the applicant he or she has
8    successfully completed the prerequisite classroom hours of
9    instruction in home inspection, as established by rule.
10    Applicants have 3 years after the date of the application
11to complete the application process. If the process has not
12been completed within 3 years, the application shall be
13denied, the fee forfeited, and the applicant must reapply and
14meet the requirements in effect at the time of reapplication.
15(Source: P.A. 100-892, eff. 8-14-18.)
 
16    (225 ILCS 441/5-12)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 5-12. Application for home inspector license; entity.
19Every entity that is not a natural person that desires to
20obtain a home inspector license shall apply to the Department
21in a manner prescribed on forms provided by the Department and
22accompanied by the required fee.
23    Applicants have 3 years after the date of the application
24to complete the application process. If the process has not
25been completed within 3 years, the application shall be

 

 

HB0562- 9 -LRB102 02734 SPS 12886 b

1denied, the fee forfeited, and the applicant must reapply and
2meet the requirements in effect at the time of reapplication.
3(Source: P.A. 97-226, eff. 7-28-11.)
 
4    (225 ILCS 441/5-16)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 5-16. Renewal of license.
7    (a) The expiration date and renewal period for a home
8inspector license issued under this Act shall be set by rule.
9Except as otherwise provided in subsections (b) and (c) of
10this Section, the holder of a license may renew the license
11within 90 days preceding the expiration date by:
12        (1) completing and submitting to the Department a
13    renewal application in a manner prescribed form as
14    provided by the Department;
15        (2) paying the required fees; and
16        (3) providing evidence of successful completion of the
17    continuing education requirements through courses approved
18    by the Department given by education providers licensed by
19    the Department, as established by rule.
20    (b) A home inspector whose license under this Act has
21expired may renew the license for a period of 2 years following
22the expiration date by complying with the requirements of
23subparagraphs (1), (2), and (3) of subsection (a) of this
24Section and paying any late penalties established by rule.
25    (c) Notwithstanding subsection (b), a home inspector whose

 

 

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1license under this Act has expired may renew the license
2without paying any lapsed renewal fees or late penalties if
3(i) the license expired while the home inspector was on active
4duty with the United States Armed Services, (ii) application
5for renewal is made within 2 years following the termination
6of the military service or related education, training, or
7employment, and (iii) the applicant furnishes to the
8Department an affidavit that the applicant he or she was so
9engaged.
10    (d) The Department shall provide reasonable care and due
11diligence to ensure that each licensee under this Act is
12provided a renewal application at least 90 days prior to the
13expiration date, but it is the responsibility of each licensee
14to renew the his or her license prior to its expiration date.
15(Source: P.A. 97-226, eff. 7-28-11.)
 
16    (225 ILCS 441/5-17)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 5-17. Renewal of home inspector license; entity.
19    (a) The expiration date and renewal period for a home
20inspector license for an entity that is not a natural person
21shall be set by rule. The holder of a license may renew the
22license within 90 days preceding the expiration date by
23completing and submitting to the Department a renewal
24application in a manner prescribed form as provided by the
25Department and paying the required fees.

 

 

HB0562- 11 -LRB102 02734 SPS 12886 b

1    (b) An entity that is not a natural person whose license
2under this Act has expired may renew the license for a period
3of 2 years following the expiration date by complying with the
4requirements of subsection (a) of this Section and paying any
5late penalties established by rule.
6(Source: P.A. 97-226, eff. 7-28-11.)
 
7    (225 ILCS 441/5-20)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 5-20. Endorsement. The Department may, in its
10discretion, license as a home inspector, by endorsement, on
11payment of the required fee, an applicant who is a home
12inspector licensed under the laws of another state or
13territory, if (i) the requirements for licensure in the state
14or territory in which the applicant was licensed were, at the
15date of his or her licensure, substantially equivalent to the
16requirements in force in this State on that date or (ii) there
17were no requirements in force in this State on the date of his
18or her licensure and the applicant possessed individual
19qualifications on that date that are substantially similar to
20the requirements under this Act. The Department may adopt any
21rules necessary to implement this Section.
22    Applicants have 3 years after the date of application to
23complete the application process. If the process has not been
24completed within 3 years, the application shall be denied, the
25fee forfeited, and the applicant must reapply and meet the

 

 

HB0562- 12 -LRB102 02734 SPS 12886 b

1requirements in effect at the time of reapplication.
2(Source: P.A. 97-226, eff. 7-28-11.)
 
3    (225 ILCS 441/5-30)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 5-30. Continuing education renewal requirements. The
6continuing education requirements for a person to renew a
7license as a home inspector shall be established by rule. The
8Department shall establish a continuing education completion
9deadline for home inspector licensees and require evidence of
10compliance with continuing education requirements in a manner
11established by rule before the renewal of a license.
12(Source: P.A. 100-831, eff. 1-1-19.)
 
13    (225 ILCS 441/5-50 new)
14    Sec. 5-50. Insurance.
15    (a) All applicants for a home inspector license and all
16licensees shall maintain general liability insurance in an
17amount of not less than $100,000 with deductibles of not more
18than $2,500.
19    (b) Failure of an applicant or a licensee to carry and
20maintain the insurance required by this Section, to timely
21submit proof of coverage upon the Department's request, or to
22timely report any claims made against such policies of
23insurance shall be grounds for the denial of an application to
24renew a license, or the suspension or revocation of the

 

 

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1license.
2    (c) The policies of insurance submitted by an applicant
3for a new license or an applicant for renewal of a license must
4include the name of the applicant as it appears or will appear
5on the license.
6    (d) A home inspector shall maintain the insurance required
7by this Section for at least one year after the latest home
8inspection report the home inspector delivered.
9    (e) The Department may adopt rules to implement this
10Section.
 
11    (225 ILCS 441/10-10)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 10-10. Retention of records. A person licensed under
14this Act shall retain the original or a true and exact copy of
15all written contracts that engage the licensee's engaging his
16or her services as a home inspector and all home inspection
17reports, including any supporting data used to develop the
18home inspection report, for a period of 5 years or 2 years
19after the final disposition of any judicial proceeding, which
20includes any appeal, in which testimony was given, whichever
21is longer.
22(Source: P.A. 97-226, eff. 7-28-11.)
 
23    (225 ILCS 441/15-10)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 15-10. Grounds for disciplinary action.
2    (a) The Department may refuse to issue or renew, or may
3revoke, suspend, place on probation, reprimand, or take other
4disciplinary or non-disciplinary action as the Department may
5deem appropriate, including imposing fines not to exceed
6$25,000 for each violation, with regard to any license for any
7one or combination of the following:
8        (1) Fraud or misrepresentation in applying for, or
9    procuring a license under this Act or in connection with
10    applying for renewal of a license under this Act.
11        (2) Failing to meet the minimum qualifications for
12    licensure as a home inspector established by this Act.
13        (3) Paying money, other than for the fees provided for
14    by this Act, or anything of value to an employee of the
15    Department to procure licensure under this Act.
16        (4) Conviction by plea of guilty or nolo contendere,
17    finding of guilt, jury verdict, or entry of judgment or by
18    sentencing of any crime, including, but not limited to,
19    convictions, preceding sentences of supervision,
20    conditional discharge, or first offender probation, under
21    the laws of any jurisdiction of the United States: (i)
22    that is a felony; (ii) that is a misdemeanor, an essential
23    element of which is dishonesty, or that is directly
24    related to the practice of the profession; or (iii) that
25    is a crime that subjects the licensee to compliance with
26    the requirements of the Sex Offender Registration Act.

 

 

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1        (5) Committing an act or omission involving
2    dishonesty, fraud, or misrepresentation with the intent to
3    substantially benefit the licensee or another person or
4    with the intent to substantially injure another person.
5        (6) Violating a provision or standard for the
6    development or communication of home inspections as
7    provided in Section 10-5 of this Act or as defined in the
8    rules.
9        (7) Failing or refusing to exercise reasonable
10    diligence in the development, reporting, or communication
11    of a home inspection report, as defined by this Act or the
12    rules.
13        (8) Violating a provision of this Act or the rules.
14        (9) Having been disciplined by another state, the
15    District of Columbia, a territory, a foreign nation, a
16    governmental agency, or any other entity authorized to
17    impose discipline if at least one of the grounds for that
18    discipline is the same as or substantially equivalent to
19    one of the grounds for which a licensee may be disciplined
20    under this Act.
21        (10) Engaging in dishonorable, unethical, or
22    unprofessional conduct of a character likely to deceive,
23    defraud, or harm the public.
24        (11) Accepting an inspection assignment when the
25    employment itself is contingent upon the home inspector
26    reporting a predetermined analysis or opinion, or when the

 

 

HB0562- 16 -LRB102 02734 SPS 12886 b

1    fee to be paid is contingent upon the analysis, opinion,
2    or conclusion reached or upon the consequences resulting
3    from the home inspection assignment.
4        (12) Developing home inspection opinions or
5    conclusions based on the race, color, religion, sex,
6    national origin, ancestry, age, marital status, family
7    status, physical or mental disability, military status, or
8    unfavorable discharge from military status discharge,
9    sexual orientation, order of protection status, or
10    pregnancy, as defined under the Illinois Human Rights Act,
11    of the prospective or present owners or occupants of the
12    area or property under home inspection.
13        (13) Being adjudicated liable in a civil proceeding on
14    grounds of fraud, misrepresentation, or deceit. In a
15    disciplinary proceeding based upon a finding of civil
16    liability, the home inspector shall be afforded an
17    opportunity to present mitigating and extenuating
18    circumstances, but may not collaterally attack the civil
19    adjudication.
20        (14) Being adjudicated liable in a civil proceeding
21    for violation of a State or federal fair housing law.
22        (15) Engaging in misleading or untruthful advertising
23    or using a trade name or insignia of membership in a home
24    inspection organization of which the licensee is not a
25    member.
26        (16) Failing, within 30 days, to provide information

 

 

HB0562- 17 -LRB102 02734 SPS 12886 b

1    in response to a written request made by the Department.
2        (17) Failing to include within the home inspection
3    report the home inspector's license number and the date of
4    expiration of the license. The names of (i) all persons
5    who conducted the home inspection; and (ii) all persons
6    who prepared the subsequent written evaluation or any part
7    thereof must be disclosed in the report. All home
8    inspectors providing significant contribution to the
9    development and reporting of a home inspection must be
10    disclosed in the home inspection report. It is a violation
11    of this Act for a home inspector to sign a home inspection
12    report knowing that the names of all such persons have a
13    person providing a significant contribution to the report
14    has not been disclosed in the home inspection report.
15        (18) Advising a client as to whether the client should
16    or should not engage in a transaction regarding the
17    residential real property that is the subject of the home
18    inspection.
19        (19) Performing a home inspection in a manner that
20    damages or alters the residential real property that is
21    the subject of the home inspection without the consent of
22    the owner.
23        (20) Performing a home inspection when the home
24    inspector is providing or may also provide other services
25    in connection with the residential real property or
26    transaction, or has an interest in the residential real

 

 

HB0562- 18 -LRB102 02734 SPS 12886 b

1    property, without providing prior written notice of the
2    potential or actual conflict and obtaining the prior
3    consent of the client as provided by rule.
4        (21) Aiding or assisting another person in violating
5    any provision of this Act or rules adopted under this Act.
6        (22) Inability to practice with reasonable judgment,
7    skill, or safety as a result of habitual or excessive use
8    or addiction to alcohol, narcotics, stimulants, or any
9    other chemical agent or drug.
10        (23) A finding by the Department that the licensee,
11    after having the his or her license placed on probationary
12    status, has violated the terms of probation.
13        (24) Willfully making or filing false records or
14    reports related to the in his or her practice of home
15    inspection, including, but not limited to, false records
16    filed with State agencies or departments.
17        (25) Charging for professional services not rendered,
18    including filing false statements for the collection of
19    fees for which services are not rendered.
20        (26) Practicing under a false or, except as provided
21    by law, an assumed name.
22        (27) Cheating on or attempting to subvert the
23    licensing examination administered under this Act.
24        (28) Engaging in any of the following prohibited
25    fraudulent, false, deceptive, or misleading advertising
26    practices:

 

 

HB0562- 19 -LRB102 02734 SPS 12886 b

1            (i) advertising as a home inspector or operating a
2        home inspection business entity unless there is a duly
3        licensed home inspector responsible for all inspection
4        activities and all inspections;
5            (ii) advertising that contains a misrepresentation
6        of facts or false statements regarding the licensee's
7        professional achievements, degrees, training, skills,
8        or qualifications in the home inspection profession or
9        any other profession requiring licensure;
10            (iii) advertising that makes only a partial
11        disclosure of relevant facts related to pricing or
12        home inspection services; and
13            (iv) advertising that claims this State or any of
14        its political subdivisions endorse the home inspection
15        report or its contents.
16        (29) Disclosing, except as otherwise required by law,
17    inspection results or client information obtained without
18    the client's written consent. A home inspector shall not
19    deliver a home inspection report to any person other than
20    the client of the home inspector without the client's
21    written consent.
22        (30) Providing fees, gifts, insurance, waivers of
23    liability, or other forms of compensation or gratuities to
24    persons licensed under any real estate professional
25    licensing act in this State.
26    (b) The Department may suspend, revoke, or refuse to issue

 

 

HB0562- 20 -LRB102 02734 SPS 12886 b

1or renew an education provider's license, may reprimand, place
2on probation, or otherwise discipline an education provider
3licensee, and may suspend or revoke the course approval of any
4course offered by an education provider, for any of the
5following:
6        (1) Procuring or attempting to procure licensure by
7    knowingly making a false statement, submitting false
8    information, making any form of fraud or
9    misrepresentation, or refusing to provide complete
10    information in response to a question in an application
11    for licensure.
12        (2) Failing to comply with the covenants certified to
13    on the application for licensure as an education provider.
14        (3) Committing an act or omission involving
15    dishonesty, fraud, or misrepresentation or allowing any
16    such act or omission by any employee or contractor under
17    the control of the education provider.
18        (4) Engaging in misleading or untruthful advertising.
19        (5) Failing to retain competent instructors in
20    accordance with rules adopted under this Act.
21        (6) Failing to meet the topic or time requirements for
22    course approval as the provider of a pre-license
23    curriculum course or a continuing education course.
24        (7) Failing to administer an approved course using the
25    course materials, syllabus, and examinations submitted as
26    the basis of the course approval.

 

 

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

 

 

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1has been resolved by a Consent to Administrative Supervision
2order.
3    (d) The Department may refuse to issue or may suspend
4without hearing, as provided for in the Code of Civil
5Procedure, the license of any person who fails to file a tax
6return, to pay the tax, penalty, or interest shown in a filed
7tax return, or to pay any final assessment of tax, penalty, or
8interest, as required by any tax Act administered by the
9Illinois Department of Revenue, until such time as the
10requirements of the tax Act are satisfied in accordance with
11subsection (g) of Section 2105-15 of the Civil Administrative
12Code of Illinois.
13    (e) (Blank).
14    (f) In cases where the Department of Healthcare and Family
15Services has previously determined that a licensee or a
16potential licensee is more than 30 days delinquent in the
17payment of child support and has subsequently certified the
18delinquency to the Department, the Department may refuse to
19issue or renew or may revoke or suspend that person's license
20or may take other disciplinary action against that person
21based solely upon the certification of delinquency made by the
22Department of Healthcare and Family Services in accordance
23with item (5) of subsection (a) of Section 2105-15 of the Civil
24Administrative Code of Illinois.
25    (g) The determination by a circuit court that a licensee
26is subject to involuntary admission or judicial admission, as

 

 

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1provided in the Mental Health and Developmental Disabilities
2Code, operates as an automatic suspension. The suspension will
3end only upon a finding by a court that the patient is no
4longer subject to involuntary admission or judicial admission
5and the issuance of a court order so finding and discharging
6the patient.
7    (h) (Blank). In enforcing this Act, the Department, upon a
8showing of a possible violation, may compel an individual
9licensed to practice under this Act, or who has applied for
10licensure under this Act, to submit to a mental or physical
11examination, or both, as required by and at the expense of the
12Department. The Department may order the examining physician
13to present testimony concerning the mental or physical
14examination of the licensee or applicant. No information shall
15be excluded by reason of any common law or statutory privilege
16relating to communications between the licensee or applicant
17and the examining physician. The examining physician shall be
18specifically designated by the Department. The individual to
19be examined may have, at his or her own expense, another
20physician of his or her choice present during all aspects of
21this examination. The examination shall be performed by a
22physician licensed to practice medicine in all its branches.
23Failure of an individual to submit to a mental or physical
24examination, when directed, shall result in an automatic
25suspension without hearing.
26    A person holding a license under this Act or who has

 

 

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1applied for a license under this Act, who, because of a
2physical or mental illness or disability, including, but not
3limited to, deterioration through the aging process or loss of
4motor skill, is unable to practice the profession with
5reasonable judgment, skill, or safety, may be required by the
6Department to submit to care, counseling, or treatment by
7physicians approved or designated by the Department as a
8condition, term, or restriction for continued, reinstated, or
9renewed licensure to practice. Submission to care, counseling,
10or treatment as required by the Department shall not be
11considered discipline of a license. If the licensee refuses to
12enter into a care, counseling, or treatment agreement or fails
13to abide by the terms of the agreement, the Department may file
14a complaint to revoke, suspend, or otherwise discipline the
15license of the individual. The Secretary may order the license
16suspended immediately, pending a hearing by the Department.
17Fines shall not be assessed in disciplinary actions involving
18physical or mental illness or impairment.
19    In instances in which the Secretary immediately suspends a
20person's license under this Section, a hearing on that
21person's license must be convened by the Department within 15
22days after the suspension and completed without appreciable
23delay. The Department shall have the authority to review the
24subject individual's record of treatment and counseling
25regarding the impairment to the extent permitted by applicable
26federal statutes and regulations safeguarding the

 

 

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1confidentiality of medical records.
2    An individual licensed under this Act and affected under
3this Section shall be afforded an opportunity to demonstrate
4to the Department that he or she can resume practice in
5compliance with acceptable and prevailing standards under the
6provisions of his or her license.
7(Source: P.A. 100-872, eff. 8-14-18.)
 
8    (225 ILCS 441/15-10.1 new)
9    Sec. 15-10.1. Citations.
10    (a) The Department may adopt rules to permit the issuance
11of citations to any licensee for failure to comply with the
12continuing education requirements set forth in this Act or as
13established by rule. The citation shall be issued to the
14licensee and shall contain the licensee's name, the licensee's
15address, the licensee's license number, the number of required
16hours of continuing education that have not been successfully
17completed by the licensee within the renewal period, and the
18penalty imposed, which shall not exceed $2,000. The issuance
19of a citation shall not excuse the licensee from completing
20all continuing education required for that renewal period.
21    (b) Service of a citation shall be made in person,
22electronically, or by mail to the licensee at the licensee's
23address of record or email address of record, and the citation
24must clearly state that if the cited licensee wishes to
25dispute the citation, the cited licensee may make a written

 

 

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1request, within 30 days after the citation is served, for a
2hearing before the Department. If the cited licensee does not
3request a hearing within 30 days after the citation is served,
4then the citation shall become a final, non-disciplinary
5order, and any fine imposed is due and payable within 60 days
6after that final order. If the cited licensee requests a
7hearing within 30 days after the citation is served, the
8Department shall afford the cited licensee a hearing conducted
9in the same manner as a hearing provided for in this Act for
10any violation of this Act and shall determine whether the
11cited licensee committed the violation as charged and whether
12the fine as levied is warranted. If the violation is found, any
13fine shall constitute non-public discipline and be due and
14payable within 30 days after the order of the Secretary, which
15shall constitute a final order of the Department. No change in
16license status may be made by the Department until a final
17order of the Department has been issued.
18    (c) Payment of a fine that has been assessed pursuant to
19this Section shall not constitute disciplinary action
20reportable on the Department's website or elsewhere unless a
21licensee has previously received 2 or more citations and been
22assessed 2 or more fines.
23    (d) Nothing in this Section shall prohibit or limit the
24Department from taking further action pursuant to this Act and
25rules for additional, repeated, or continuing violations.
 

 

 

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1    (225 ILCS 441/15-15)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 15-15. Investigation; notice; hearing. The Department
4may investigate the actions of any applicant or licensee or of
5any person or persons rendering or offering to render home
6inspection services or any person holding or claiming to hold
7a license as a home inspector. The Department shall, before
8refusing to issue or renew a license or to discipline a
9licensee pursuant to Section 15-10, at least 30 days prior to
10the date set for the hearing, (i) notify the accused in
11writing, of the charges made and the time and place for the
12hearing on the charges, (ii) direct the licensee or applicant
13him or her to file a written answer with the Department under
14oath within 20 days after the service of the notice, and (iii)
15inform the applicant or licensee that failure to file an
16answer will result in a default judgment being entered against
17the applicant or licensee. At the time and place fixed in the
18notice, the Department shall proceed to hear the charges and
19the parties of their counsel shall be accorded ample
20opportunity to present any pertinent statements, testimony,
21evidence, and arguments. The Department may continue the
22hearing from time to time. In case the person, after receiving
23the notice, fails to file an answer, the his or her license,
24may, in the discretion of the Department, be revoked,
25suspended, placed on probationary status, or the Department
26may take whatever disciplinary actions considered proper,

 

 

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1including limiting the scope, nature, or extent of the
2person's practice or the imposition of a fine, without a
3hearing, if the act or acts charged constitute sufficient
4grounds for that action under the Act. The notice may be served
5by personal delivery, by mail, or, at the discretion of the
6Department, by electronic means to the address of record or
7email address of record specified by the accused as last
8updated with the Department. The written notice may be served
9by personal delivery or by certified mail to the accused's
10address of record.
11    A copy of the hearing officer's report or any Order of
12Default, along with a copy of the original complaint giving
13rise to the action, shall be served upon the applicant,
14licensee, or unlicensed person by the Department to the
15applicant, licensee, or unlicensed individual in the manner
16provided in this Act for the service of a notice of hearing.
17Within 20 days after service, the applicant or licensee may
18present to the Department a motion in writing for a rehearing,
19which shall specify the particular grounds for rehearing. The
20Department may respond to the motion, or if a motion for
21rehearing is denied, then upon denial, the Secretary may enter
22an order in accordance with the recommendations of the hearing
23officer. If the applicant or licensee orders from the
24reporting service and pays for a transcript of the record
25within the time for filing a motion for rehearing, then the
2620-day period during which a motion may be filed shall

 

 

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1commence upon the delivery of the transcript to the applicant
2or licensee.
3(Source: P.A. 97-226, eff. 7-28-11.)
 
4    (225 ILCS 441/15-20)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 15-20. Administrative Review Law; certification fees;
7Illinois Administrative Procedure Act.
8    (a) All final administrative decisions of the Department
9under this Act are subject to judicial review pursuant to the
10provisions of the Administrative Review Law and the rules
11adopted pursuant thereto. The term "administrative decision"
12has the meaning ascribed to it in Section 3-101 of the
13Administrative Review Law.
14    (b) The Department shall not be required to certify any
15record to the court or file any answer in court or otherwise
16appear in any court in a judicial review proceeding, unless
17and until the Department has received from the plaintiff
18payment of the costs of furnishing and certifying the record,
19which costs shall be determined by the Department. Exhibits
20shall be certified without cost. Failure on the part of the
21plaintiff to file a receipt in court is grounds for dismissal
22of the action.
23    (c) The Illinois Administrative Procedure Act is hereby
24expressly adopted and incorporated herein. In the event of a
25conflict between this Act and the Illinois Administrative

 

 

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1Procedure Act, this Act shall control.
2    (d) Proceedings for judicial review shall be commenced in
3the circuit court of the county in which the party applying for
4review resides, but if the party is not a resident of Illinois,
5the venue shall be in Sangamon County or Cook County.
6(Source: P.A. 97-226, eff. 7-28-11.)
 
7    (225 ILCS 441/15-36 new)
8    Sec. 15-36. No private right of action. Except as
9otherwise expressly provided for in this Act, nothing in this
10Act shall be construed to grant to any person a private right
11of action for damages or to enforce the provisions of this Act
12or the rules adopted under this Act.
 
13    (225 ILCS 441/15-55)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 15-55. Returned checks and dishonored credit card
16charges; penalty fee; revocation termination. A person who (1)
17delivers a check or other payment to the Department that is
18returned to the Department unpaid by the financial institution
19upon which it was drawn shall pay to the Department; or (2)
20presents a credit or debit card for payment that is invalid or
21expired or against which charges by the Department are
22declined or dishonored, in addition to the amount already
23owed, a penalty fee of $50. The Department shall notify the
24person, by certified mail return receipt requested, that the

 

 

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1his or her check or payment was returned or that the credit
2card charge was dishonored and that the person shall pay to the
3Department by certified check or money order the amount of the
4returned check plus a $50 penalty fee within 30 calendar days
5after the date of the notification. If, after the expiration
6of 30 calendar days of the notification, the person has failed
7to remit the necessary funds and penalty, the Department shall
8automatically revoke terminate the license or deny the
9application without hearing. If the returned check or other
10payment was for issuance of a license under this Act and that
11person practices as a home inspector, that person may be
12subject to discipline for unlicensed practice as provided in
13this Act. If, after revocation termination or denial, the
14person seeks a license, the applicant or licensee he or she
15shall petition the Department for restoration or issuance of
16the license and he or she may be subject to additional
17discipline or fines. The Secretary may waive the penalties or
18fines due under this Section in individual cases where the
19Secretary finds that the penalties or fines would be
20unreasonable or unnecessarily burdensome.
21(Source: P.A. 97-226, eff. 7-28-11.)
 
22    (225 ILCS 441/15-60)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 15-60. Violations; injunction; cease and desist
25orders.

 

 

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1    (a) If any person violates a provision of this Act, the
2Secretary may, in the name of the People of the State of
3Illinois, through the Attorney General of the State of
4Illinois or the State's Attorney in the county in which the
5offense occurs, petition for an order enjoining the violation
6or for an order enforcing compliance with this Act. Upon the
7filing of a verified petition in court, the court may issue a
8temporary restraining order, without notice or bond, and may
9preliminarily and permanently enjoin the violation. If it is
10established that the person has violated or is violating the
11injunction, the court may punish the offender for contempt of
12court. Proceedings under this Section shall be in addition to,
13and not in lieu of, all other remedies and penalties provided
14by this Act.
15    (b) If any person practices as a home inspector or holds
16oneself himself or herself out as a home inspector without
17being licensed under the provisions of this Act, then the
18Secretary, any licensed home inspector, any interested party,
19or any person injured thereby may petition for relief as
20provided in subsection (a) of this Section or may apply to the
21circuit court of the county in which the violation or some part
22thereof occurred, or in which the person complained of resides
23or has a his or her principal place of business or resides, to
24prevent the violation. The court has jurisdiction to enforce
25obedience by injunction or by other process restricting the
26person complained of from further violation and may enjoin

 

 

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1enjoining upon the person him or her obedience.
2    (c) Whoever knowingly practices or offers to practice home
3inspection in this State without a license for that purpose
4shall be guilty of a Class A misdemeanor for the first offense
5and shall be guilty of a Class 4 felony for the second and any
6subsequent offense.
7    (d) Whenever, in the opinion of the Department, a person
8violates any provision of this Act, the Department may issue a
9rule to show cause why an order to cease and desist should not
10be entered against that person. The rule shall clearly set
11forth the grounds relied upon by the Department and shall
12provide a period of 7 days from the date of the rule to file an
13answer to the satisfaction of the Department. Failure to
14answer to the satisfaction of the Department shall cause an
15order to cease and desist to be issued.
16(Source: P.A. 97-226, eff. 7-28-11.)
 
17    (225 ILCS 441/20-5)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 20-5. Education provider.
20    (a) Only education providers licensed by the Department
21may provide the pre-license and continuing education courses
22required for licensure under this Act.
23    (b) A person or entity seeking to be licensed as an
24education provider under this Act shall provide satisfactory
25evidence of the following:

 

 

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1        (1) a sound financial base for establishing,
2    promoting, and delivering the necessary courses;
3        (2) a sufficient number of qualified instructors;
4        (3) adequate support personnel to assist with
5    administrative matters and technical assistance;
6        (4) a written policy dealing with procedures for
7    management of grievances and fee refunds;
8        (5) a qualified school administrator, who is
9    responsible for the administration of the school, courses,
10    and the actions of the instructors; and
11        (6) any other requirements provided by rule.
12    (c) All applicants for an education provider's license
13shall make initial application to the Department in a manner
14prescribed on forms provided by the Department and pay the
15appropriate fee as provided by rule. In addition to any other
16information required to be contained in the application as
17prescribed by rule, every application for an original or
18renewed license shall include the applicant's tax
19identification number. The term, expiration date, and renewal
20of an education provider's license shall be established by
21rule.
22    (d) An education provider shall provide each successful
23course participant with a certificate of completion signed by
24the school administrator. The format and content of the
25certificate shall be specified by rule.
26    (e) All education providers shall provide to the

 

 

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1Department a monthly roster of all successful course
2participants as provided by rule.
3(Source: P.A. 97-226, eff. 7-28-11.)
 
4    (225 ILCS 441/25-15)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 25-15. Liaison; duties. The Secretary shall appoint
7an employee of the Department to:
8        (1) (blank);
9        (2) be the direct liaison between the Department, peer
10    review advisors, the profession, home inspectors, and
11    related industry organizations and associations; and
12        (3) prepare and circulate to licensees such
13    educational and informational material as the Department
14    deems necessary for providing guidance or assistance to
15    licensees.
16(Source: P.A. 97-226, eff. 7-28-11.)
 
17    (225 ILCS 441/25-27)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 25-27. Subpoenas; depositions; oaths.
20    (a) The Department may subpoena and bring before it any
21person to take oral or written testimony or compel the
22production of any books, papers, records, or any other
23documents the Secretary or the Secretary's his or her designee
24deems relevant or material to any investigation or hearing

 

 

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1conducted by the Department with the same fees and in the same
2manner as prescribed in civil cases in the courts of this
3State.
4    (b) Any circuit court, upon the application of the
5licensee or the Department, may order the attendance and
6testimony of witnesses and the production of relevant
7documents, files, records, books, and papers in connection
8with any hearing or investigation. The circuit court may
9compel obedience to its order by proceedings for contempt.
10    (c) The Secretary, the hearing officer, any member of the
11Board, or a certified shorthand court reporter may administer
12oaths at any hearing the Department conducts. Notwithstanding
13any other statute or Department rule to the contrary, all
14requests for testimony, production of documents, or records
15shall be in accordance with this Act.
16(Source: P.A. 97-226, eff. 7-28-11.)
 
17    (225 ILCS 441/25-17 rep.)
18    Section 15. The Home Inspector License Act is amended by
19repealing Section 25-17.
 
20    Section 99. Effective date. This Act takes effect January
211, 2022, except that this Section and Section 5 take effect
22upon becoming law.

 

 

HB0562- 37 -LRB102 02734 SPS 12886 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.32
4    5 ILCS 80/4.41 new
5    225 ILCS 441/1-10
6    225 ILCS 441/1-12 new
7    225 ILCS 441/5-5
8    225 ILCS 441/5-10
9    225 ILCS 441/5-12
10    225 ILCS 441/5-16
11    225 ILCS 441/5-17
12    225 ILCS 441/5-20
13    225 ILCS 441/5-30
14    225 ILCS 441/5-50 new
15    225 ILCS 441/10-10
16    225 ILCS 441/15-10
17    225 ILCS 441/15-10.1 new
18    225 ILCS 441/15-15
19    225 ILCS 441/15-20
20    225 ILCS 441/15-36 new
21    225 ILCS 441/15-55
22    225 ILCS 441/15-60
23    225 ILCS 441/20-5
24    225 ILCS 441/25-15
25    225 ILCS 441/25-27

 

 

HB0562- 38 -LRB102 02734 SPS 12886 b

1    225 ILCS 441/25-17 rep.