Illinois General Assembly - Full Text of HB0562
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0562  102nd General Assembly

HB0562eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0562 EngrossedLRB102 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 Sections 4.32 and 4.37 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 Acts repealed on January 1, 2022.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8Acts are repealed on January 1, 2022: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.

 

 

HB0562 Engrossed- 2 -LRB102 02734 SPS 12886 b

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 80/4.37)
7    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
8The following are repealed on January 1, 2027:
9    The Clinical Psychologist Licensing Act.
10    The Illinois Optometric Practice Act of 1987.
11    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
12XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
13    The Boiler and Pressure Vessel Repairer Regulation Act.
14    The Marriage and Family Therapy Licensing Act.
15    The Home Inspector License Act.
16(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
1799-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
188-18-17; 100-372, eff. 8-25-17.)
 
19    Section 10. The Home Inspector License Act is amended by
20changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20,
215-25, 5-30, 10-10, 15-10, 15-15, 15-20, 15-55, 15-60, 20-5,
2225-15, and 25-27 and by adding Sections 1-12, 5-50, 15-10.1,
23and 15-36 as follows:
 

 

 

HB0562 Engrossed- 3 -LRB102 02734 SPS 12886 b

1    (225 ILCS 441/1-10)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 1-10. Definitions. As used in this Act, unless the
4context otherwise requires:
5    "Address of record" means the designated street address,
6which may not be a post office box, recorded by the Department
7in the applicant's or licensee's application file or license
8file as maintained by the Department's licensure maintenance
9unit. It is the duty of the applicant or licensee to inform the
10Department of any change of address and those changes must be
11made either through the Department's website or by contacting
12the Department.
13    "Applicant" means a person who applies to the Department
14for a license under this Act.
15    "Client" means a person who engages or seeks to engage the
16services of a home inspector for an inspection assignment.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Email address of record" means the designated email
20address recorded by the Department in the applicant's
21application file or the licensee's license file, as maintained
22by the Department.
23    "Home inspection" means the examination and evaluation of
24the exterior and interior components of residential real
25property, which includes the inspection of any 2 or more of the
26following components of residential real property in

 

 

HB0562 Engrossed- 4 -LRB102 02734 SPS 12886 b

1connection with or to facilitate the sale, lease, or other
2conveyance of, or the proposed sale, lease or other conveyance
3of, residential real property:
4        (1) heating, ventilation, and air conditioning system;
5        (2) plumbing system;
6        (3) electrical system;
7        (4) structural composition;
8        (5) foundation;
9        (6) roof;
10        (7) masonry structure; or
11        (8) any other residential real property component as
12    established by rule.
13    "Home inspector" means a person or entity who, for another
14and for compensation either direct or indirect, performs home
15inspections.
16    "Home inspection report" or "inspection report" means a
17written evaluation prepared and issued by a home inspector
18upon completion of a home inspection, which meets the
19standards of practice as established by the Department.
20    "Inspection assignment" means an engagement for which a
21home inspector is employed or retained to conduct a home
22inspection and prepare a home inspection report.
23    "License" means the privilege conferred by the Department
24to a person who has fulfilled all requirements prerequisite to
25any type of licensure under this Act.
26    "Licensee" means a home inspector, home inspector entity,

 

 

HB0562 Engrossed- 5 -LRB102 02734 SPS 12886 b

1or home inspector education provider.
2    "Person" means individuals, entities, corporations,
3limited liability companies, registered limited liability
4partnerships, and partnerships, foreign or domestic, except
5that when the context otherwise requires, the term may refer
6to a single individual or other described entity.
7    "Residential real property" means real property that is
8used or intended to be used as a residence by one or more
9individuals.
10    "Secretary" means the Secretary of Financial and
11Professional Regulation or the Secretary's designee.
12    "Standards of practice" means recognized standards and
13codes to be used in a home inspection, as determined by the
14Department and established by rule.
15(Source: P.A. 97-226, eff. 7-28-11.)
 
16    (225 ILCS 441/1-12 new)
17    Sec. 1-12. Address of record; email address of record. All
18applicants and licensees shall:
19        (1) provide a valid address and email address to the
20    Department, which shall serve as the address of record and
21    email address of record, respectively, at the time of
22    application for licensure or renewal of a license; and
23        (2) inform the Department of any change of address of
24    record or email address of record within 14 days after
25    such change through the Department's website or by

 

 

HB0562 Engrossed- 6 -LRB102 02734 SPS 12886 b

1    contacting the Department.
 
2    (225 ILCS 441/5-5)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 5-5. Necessity of license; use of title; exemptions.
5    (a) It is unlawful for any person, including any entity,
6to act or assume to act as a home inspector, to engage in the
7business of home inspection, to develop a home inspection
8report, to practice as a home inspector, or to advertise or
9hold oneself himself, herself, or itself out to be a home
10inspector without a home inspector license issued under this
11Act. A person who violates this subsection is guilty of a Class
12A misdemeanor for the first offense and a Class 4 felony for
13the second and any subsequent offenses.
14    (b) It is unlawful for any person, other than a person who
15holds a valid home inspector license issued pursuant to this
16Act, to use the title "home inspector" or any other title,
17designation, or abbreviation likely to create the impression
18that the person is licensed as a home inspector pursuant to
19this Act. A person who violates this subsection is guilty of a
20Class A misdemeanor.
21    (c) The licensing requirements of this Article do not
22apply to:
23        (1) any person who is employed as a code enforcement
24    official by the State of Illinois or any unit of local
25    government, while acting within the scope of that

 

 

HB0562 Engrossed- 7 -LRB102 02734 SPS 12886 b

1    government employment;
2        (2) any person licensed in this State by any other law
3    who is engaging in the profession or occupation for which
4    the person is licensed by the State of Illinois while
5    acting within the scope of his or her license; or
6        (3) any person engaged by the owner or lessor of
7    residential real property for the purpose of preparing a
8    bid or estimate as to the work necessary or the costs
9    associated with performing home construction, home
10    remodeling, or home repair work on the residential real
11    property, provided such person does not hold himself or
12    herself out, or advertise or hold oneself out as himself
13    or herself, as being engaged in business as a home
14    inspector.
15    (d) The licensing of home inspector entities required
16under this Act does not apply to an entity whose ownership
17structure is one licensed home inspector operating a sole
18proprietorship, a single member limited liability company, or
19a single shareholder corporation, and that home inspector is
20the only licensed home inspector performing inspections on the
21entity's behalf. The licensed home inspector who is the sole
22proprietor, sole shareholder, or single member of the company
23or entity shall comply with all other provisions of this Act.
24(Source: P.A. 97-226, eff. 7-28-11.)
 
25    (225 ILCS 441/5-10)

 

 

HB0562 Engrossed- 8 -LRB102 02734 SPS 12886 b

1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 5-10. Application for home inspector license.
3    (a) Every natural person who desires to obtain a home
4inspector license shall:
5        (1) apply to the Department in a manner on forms
6    prescribed by the Department and accompanied by the
7    required fee; all applications shall contain the
8    information that, in the judgment of the Department,
9    enables the Department to pass on the qualifications of
10    the applicant for a license to practice as a home
11    inspector as set by rule;
12        (2) be at least 18 years of age;
13        (3) successfully complete a 4-year course of study in
14    a high school or secondary school or an equivalent course
15    of study approved by the state in which the school is
16    located, or possess a high school equivalency certificate,
17    which shall be verified under oath by the applicant
18    provide evidence of having attained a high school diploma
19    or completed an equivalent course of study as determined
20    by an examination conducted by the Illinois State Board of
21    Education;
22        (4) personally take and pass a written examination and
23    a field an examination authorized by the Department; and
24        (5) prior to taking the examination, provide evidence
25    to the Department that the applicant he or she has
26    successfully completed the prerequisite classroom hours of

 

 

HB0562 Engrossed- 9 -LRB102 02734 SPS 12886 b

1    instruction in home inspection, as established by rule.
2    (b) The Department shall not require applicants to report
3the following information and shall not consider the following
4criminal history records in connection with an application for
5licensure or registration:
6        (1) juvenile adjudications of delinquent minors as
7    defined in Section 5-105 of the Juvenile Court Act of 1987
8    subject to the restrictions set forth in Section 5-130 of
9    that Act;
10        (2) law enforcement records, court records, and
11    conviction records of an individual who was 17 years old
12    at the time of the offense and before January 1, 2014,
13    unless the nature of the offense required the individual
14    to be tried as an adult;
15        (3) records of arrest not followed by a charge or
16    conviction;
17        (4) records of arrest where the charges were dismissed
18    unless related to the practice of the profession; however,
19    applicants shall not be asked to report any arrests, and
20    an arrest not followed by a conviction shall not be the
21    basis of denial and may be used only to assess an
22    applicant's rehabilitation;
23        (5) convictions overturned by a higher court; or
24        (6) convictions or arrests that have been sealed or
25    expunged.
26    (c) An applicant or licensee shall report to the

 

 

HB0562 Engrossed- 10 -LRB102 02734 SPS 12886 b

1Department, in a manner prescribed by the Department, upon
2application and within 30 days after the occurrence, if during
3the term of licensure, (i) any conviction of or plea of guilty
4or nolo contendere to forgery, embezzlement, obtaining money
5under false pretenses, larceny, extortion, conspiracy to
6defraud, or any similar offense or offenses or any conviction
7of a felony involving moral turpitude, (ii) the entry of an
8administrative sanction by a government agency in this State
9or any other jurisdiction that has as an essential element
10dishonesty or fraud or involves larceny, embezzlement, or
11obtaining money, property, or credit by false pretenses, or
12(iii) a crime that subjects the licensee to compliance with
13the requirements of the Sex Offender Registration Act.
14    (d) Applicants have 3 years after the date of the
15application to complete the application process. If the
16process has not been completed within 3 years, the application
17shall be denied, the fee forfeited, and the applicant must
18reapply and meet the requirements in effect at the time of
19reapplication.
20(Source: P.A. 100-892, eff. 8-14-18.)
 
21    (225 ILCS 441/5-12)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 5-12. Application for home inspector license; entity.
24Every entity that is not a natural person that desires to
25obtain a home inspector license shall apply to the Department

 

 

HB0562 Engrossed- 11 -LRB102 02734 SPS 12886 b

1in a manner prescribed on forms provided by the Department and
2accompanied by the required fee.
3    Applicants have 3 years after the date of the application
4to complete the application process. If the process has not
5been completed within 3 years, the application shall be
6denied, the fee forfeited, and the applicant must reapply and
7meet the requirements in effect at the time of reapplication.
8    A corporation, limited liability company, partnership, or
9entity shall, as a condition of licensure, designate a
10managing licensed home inspector. The managing home inspector
11of any home inspector entity shall be responsible for the
12actions of all licensed and unlicensed employees, agents, and
13representatives of that home inspector entity while it is
14providing a home inspection or home inspection service. All
15other requirements for home inspector entities shall be
16established by rule.
17(Source: P.A. 97-226, eff. 7-28-11.)
 
18    (225 ILCS 441/5-16)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 5-16. Renewal of license.
21    (a) The expiration date and renewal period for a home
22inspector license issued under this Act shall be set by rule.
23Except as otherwise provided in subsections (b) and (c) of
24this Section, the holder of a license may renew the license
25within 90 days preceding the expiration date by:

 

 

HB0562 Engrossed- 12 -LRB102 02734 SPS 12886 b

1        (1) completing and submitting to the Department a
2    renewal application in a manner prescribed form as
3    provided by the Department;
4        (2) paying the required fees; and
5        (3) providing evidence of successful completion of the
6    continuing education requirements through courses approved
7    by the Department given by education providers licensed by
8    the Department, as established by rule.
9    (b) A home inspector whose license under this Act has
10expired may renew the license for a period of 2 years following
11the expiration date by complying with the requirements of
12subparagraphs (1), (2), and (3) of subsection (a) of this
13Section and paying any late penalties established by rule.
14    (c) Notwithstanding subsection (b), a home inspector whose
15license under this Act has expired may renew the license
16without paying any lapsed renewal fees or late penalties if
17(i) the license expired while the home inspector was on active
18duty with the United States Armed Services, (ii) application
19for renewal is made within 2 years following the termination
20of the military service or related education, training, or
21employment, and (iii) the applicant furnishes to the
22Department an affidavit that the applicant he or she was so
23engaged.
24    (d) The Department shall provide reasonable care and due
25diligence to ensure that each licensee under this Act is
26provided a renewal application at least 90 days prior to the

 

 

HB0562 Engrossed- 13 -LRB102 02734 SPS 12886 b

1expiration date, but it is the responsibility of each licensee
2to renew the his or her license prior to its expiration date.
3(Source: P.A. 97-226, eff. 7-28-11.)
 
4    (225 ILCS 441/5-17)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 5-17. Renewal of home inspector license; entity.
7    (a) The expiration date and renewal period for a home
8inspector license for an entity that is not a natural person
9shall be set by rule. The holder of a license may renew the
10license within 90 days preceding the expiration date by
11completing and submitting to the Department a renewal
12application in a manner prescribed form as provided by the
13Department and paying the required fees.
14    (b) An entity that is not a natural person whose license
15under this Act has expired may renew the license for a period
16of 2 years following the expiration date by complying with the
17requirements of subsection (a) of this Section and paying any
18late penalties established by rule.
19(Source: P.A. 97-226, eff. 7-28-11.)
 
20    (225 ILCS 441/5-20)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 5-20. Endorsement. The Department may, in its
23discretion, license as a home inspector, by endorsement, on
24payment of the required fee, an applicant who is a home

 

 

HB0562 Engrossed- 14 -LRB102 02734 SPS 12886 b

1inspector licensed under the laws of another state or
2territory, if (i) the requirements for licensure in the state
3or territory in which the applicant was licensed were, at the
4date of his or her licensure, substantially equivalent to the
5requirements in force in this State on that date or (ii) there
6were no requirements in force in this State on the date of his
7or her licensure and the applicant possessed individual
8qualifications on that date that are substantially similar to
9the requirements under this Act. The Department may adopt any
10rules necessary to implement this Section.
11    Applicants have 3 years after the date of application to
12complete the application process. If the process has not been
13completed within 3 years, the application shall be denied, the
14fee forfeited, and the applicant must reapply and meet the
15requirements in effect at the time of reapplication.
16(Source: P.A. 97-226, eff. 7-28-11.)
 
17    (225 ILCS 441/5-25)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 5-25. Pre-license education requirements. The
20prerequisite curriculum and classroom hours necessary for a
21person to be approved to sit for the examination for a home
22inspector shall be established by rule. Approved education, as
23prescribed by this Act and its associated administrative rules
24for licensure as a home inspector, shall be valid for 2 years
25after the date of satisfactory completion of the education.

 

 

HB0562 Engrossed- 15 -LRB102 02734 SPS 12886 b

1(Source: P.A. 92-239, eff. 8-3-01.)
 
2    (225 ILCS 441/5-30)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 5-30. Continuing education renewal requirements. The
5continuing education requirements for a person to renew a
6license as a home inspector shall be established by rule. The
7Department shall establish a continuing education completion
8deadline for home inspector licensees and require evidence of
9compliance with continuing education requirements in a manner
10established by rule before the renewal of a license.
11(Source: P.A. 100-831, eff. 1-1-19.)
 
12    (225 ILCS 441/5-50 new)
13    Sec. 5-50. Insurance.
14    (a) All applicants for a home inspector license and all
15licensees shall maintain general liability insurance in an
16amount of not less than $100,000.
17    (b) Failure of an applicant or a licensee to carry and
18maintain the insurance required by this Section, to timely
19submit proof of coverage upon the Department's request, or to
20timely report any claims made against such policies of
21insurance shall be grounds for the denial of an application to
22renew a license, or the suspension or revocation of the
23license.
24    (c) The policies of insurance submitted by an applicant

 

 

HB0562 Engrossed- 16 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 17 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 18 -LRB102 02734 SPS 12886 b

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 Engrossed- 19 -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 Engrossed- 20 -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 Engrossed- 21 -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 Engrossed- 22 -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, waivers of liability, or
23    other forms of compensation or gratuities to persons
24    licensed under any real estate professional licensing act
25    in this State as consideration or inducement for the
26    referral of business.

 

 

HB0562 Engrossed- 23 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 24 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 25 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 26 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 27 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 28 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 29 -LRB102 02734 SPS 12886 b

1dispute the citation, the cited licensee may make a written
2request, within 30 days after the citation is served, for a
3hearing before the Department. If the cited licensee does not
4request a hearing within 30 days after the citation is served,
5then the citation shall become a final, non-disciplinary
6order, and any fine imposed is due and payable within 60 days
7after that final order. If the cited licensee requests a
8hearing within 30 days after the citation is served, the
9Department shall afford the cited licensee a hearing conducted
10in the same manner as a hearing provided for in this Act for
11any violation of this Act and shall determine whether the
12cited licensee committed the violation as charged and whether
13the fine as levied is warranted. If the violation is found, any
14fine shall constitute non-public discipline and be due and
15payable within 30 days after the order of the Secretary, which
16shall constitute a final order of the Department. No change in
17license status may be made by the Department until a final
18order of the Department has been issued.
19    (c) Payment of a fine that has been assessed pursuant to
20this Section shall not constitute disciplinary action
21reportable on the Department's website or elsewhere unless a
22licensee has previously received 2 or more citations and been
23assessed 2 or more fines.
24    (d) Nothing in this Section shall prohibit or limit the
25Department from taking further action pursuant to this Act and
26rules for additional, repeated, or continuing violations.
 

 

 

HB0562 Engrossed- 30 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 31 -LRB102 02734 SPS 12886 b

1may take whatever disciplinary actions considered proper,
2including limiting the scope, nature, or extent of the
3person's practice or the imposition of a fine, without a
4hearing, if the act or acts charged constitute sufficient
5grounds for that action under the Act. The notice may be served
6by personal delivery, by mail, or, at the discretion of the
7Department, by electronic means to the address of record or
8email address of record specified by the accused as last
9updated with the Department. The written notice may be served
10by personal delivery or by certified mail to the accused's
11address of record.
12    A copy of the hearing officer's report or any Order of
13Default, along with a copy of the original complaint giving
14rise to the action, shall be served upon the applicant,
15licensee, or unlicensed person by the Department to the
16applicant, licensee, or unlicensed individual in the manner
17provided in this Act for the service of a notice of hearing.
18Within 20 days after service, the applicant or licensee may
19present to the Department a motion in writing for a rehearing,
20which shall specify the particular grounds for rehearing. The
21Department may respond to the motion, or if a motion for
22rehearing is denied, then upon denial, the Secretary may enter
23an order in accordance with the recommendations of the hearing
24officer. If the applicant or licensee orders from the
25reporting service and pays for a transcript of the record
26within the time for filing a motion for rehearing, then the

 

 

HB0562 Engrossed- 32 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 33 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 34 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 35 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 36 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 37 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 38 -LRB102 02734 SPS 12886 b

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

 

 

HB0562 Engrossed- 39 -LRB102 02734 SPS 12886 b

1deems relevant or material to any investigation or hearing
2conducted by the Department with the same fees and in the same
3manner as prescribed in civil cases in the courts of this
4State.
5    (b) Any circuit court, upon the application of the
6licensee or the Department, may order the attendance and
7testimony of witnesses and the production of relevant
8documents, files, records, books, and papers in connection
9with any hearing or investigation. The circuit court may
10compel obedience to its order by proceedings for contempt.
11    (c) The Secretary, the hearing officer, any member of the
12Board, or a certified shorthand court reporter may administer
13oaths at any hearing the Department conducts. Notwithstanding
14any other statute or Department rule to the contrary, all
15requests for testimony, production of documents, or records
16shall be in accordance with this Act.
17(Source: P.A. 97-226, eff. 7-28-11.)
 
18    (225 ILCS 441/25-17 rep.)
19    Section 15. The Home Inspector License Act is amended by
20repealing Section 25-17.
 
21    Section 99. Effective date. This Act takes effect January
221, 2022, except that this Section and Section 5 take effect
23upon becoming law.