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Full Text of HB0562  102nd General Assembly

HB0562ham001 102ND GENERAL ASSEMBLY

Rep. Marcus C. Evans, Jr.

Filed: 3/16/2021

 

 


 

 


 
10200HB0562ham001LRB102 02734 SPS 23165 a

1
AMENDMENT TO HOUSE BILL 562

2    AMENDMENT NO. ______. Amend House Bill 562 by replacing
3everything after the enacting clause with the following:
 
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 Acts repealed on January 1, 2022.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8Acts are repealed on January 1, 2022: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.

 

 

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1    The Illinois Health Information Exchange and Technology
2Act.
3    The Medical Practice Act of 1987.
4    The Registered Interior Designers Act.
5    The Massage Licensing Act.
6    The Petroleum Equipment Contractors Licensing Act.
7    The Radiation Protection Act of 1990.
8    The Real Estate Appraiser Licensing Act of 2002.
9    The Water Well and Pump Installation Contractor's License
10Act.
11(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
12101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
 
13    (5 ILCS 80/4.41 new)
14    Sec. 4.41. Act repealed on January 1, 2032. The following
15Act is repealed on January 1, 2032:
16    The Home Inspector License Act.
 
17    Section 10. The Home Inspector License Act is amended by
18changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20,
195-25, 5-30, 10-10, 15-10, 15-15, 15-20, 15-55, 15-60, 20-5,
2025-15, and 25-27 and by adding Sections 1-12, 5-50, 15-10.1,
21and 15-36 as follows:
 
22    (225 ILCS 441/1-10)
23    (Section scheduled to be repealed on January 1, 2022)

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    who is engaging in the profession or occupation for which
2    the person is licensed by the State of Illinois while
3    acting within the scope of his or her license; or
4        (3) any person engaged by the owner or lessor of
5    residential real property for the purpose of preparing a
6    bid or estimate as to the work necessary or the costs
7    associated with performing home construction, home
8    remodeling, or home repair work on the residential real
9    property, provided such person does not hold himself or
10    herself out, or advertise or hold oneself out as himself
11    or herself, as being engaged in business as a home
12    inspector.
13    (d) The licensing of home inspector entities required
14under this Act does not apply to an entity whose ownership
15structure is one licensed home inspector operating a sole
16proprietorship, a single member limited liability company, or
17a single shareholder corporation, and that home inspector is
18the only licensed home inspector performing inspections on the
19entity's behalf. The licensed home inspector who is the sole
20proprietor, sole shareholder, or single member of the company
21or entity shall comply with all other provisions of this Act.
22(Source: P.A. 97-226, eff. 7-28-11.)
 
23    (225 ILCS 441/5-10)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 5-10. Application for home inspector license.

 

 

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1    (a) Every natural person who desires to obtain a home
2inspector license shall:
3        (1) apply to the Department in a manner on forms
4    prescribed by the Department and accompanied by the
5    required fee; all applications shall contain the
6    information that, in the judgment of the Department,
7    enables the Department to pass on the qualifications of
8    the applicant for a license to practice as a home
9    inspector as set by rule;
10        (2) be at least 18 years of age;
11        (3) successfully complete a 4-year course of study in
12    a high school or secondary school or an equivalent course
13    of study approved by the state in which the school is
14    located, or possess a high school equivalency certificate,
15    which shall be verified under oath by the applicant
16    provide evidence of having attained a high school diploma
17    or completed an equivalent course of study as determined
18    by an examination conducted by the Illinois State Board of
19    Education;
20        (4) personally take and pass a written examination and
21    a field an examination authorized by the Department; and
22        (5) prior to taking the examination, provide evidence
23    to the Department that the applicant he or she has
24    successfully completed the prerequisite classroom hours of
25    instruction in home inspection, as established by rule.
26    (b) The Department shall not require applicants to report

 

 

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1the following information and shall not consider the following
2criminal history records in connection with an application for
3licensure or registration:
4        (1) juvenile adjudications of delinquent minors as
5    defined in Section 5-105 of the Juvenile Court Act of 1987
6    subject to the restrictions set forth in Section 5-130 of
7    that Act;
8        (2) law enforcement records, court records, and
9    conviction records of an individual who was 17 years old
10    at the time of the offense and before January 1, 2014,
11    unless the nature of the offense required the individual
12    to be tried as an adult;
13        (3) records of arrest not followed by a charge or
14    conviction;
15        (4) records of arrest where the charges were dismissed
16    unless related to the practice of the profession; however,
17    applicants shall not be asked to report any arrests, and
18    an arrest not followed by a conviction shall not be the
19    basis of denial and may be used only to assess an
20    applicant's rehabilitation;
21        (5) convictions overturned by a higher court; or
22        (6) convictions or arrests that have been sealed or
23    expunged.
24    (c) An applicant or licensee shall report to the
25Department, in a manner prescribed by the Department, upon
26application and within 30 days after the occurrence, if during

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1or territory in which the applicant was licensed were, at the
2date of his or her licensure, substantially equivalent to the
3requirements in force in this State on that date or (ii) there
4were no requirements in force in this State on the date of his
5or her licensure and the applicant possessed individual
6qualifications on that date that are substantially similar to
7the requirements under this Act. The Department may adopt any
8rules necessary to implement this Section.
9    Applicants have 3 years after the date of application to
10complete the application process. If the process has not been
11completed within 3 years, the application shall be denied, the
12fee forfeited, and the applicant must reapply and meet the
13requirements in effect at the time of reapplication.
14(Source: P.A. 97-226, eff. 7-28-11.)
 
15    (225 ILCS 441/5-25)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 5-25. Pre-license education requirements. The
18prerequisite curriculum and classroom hours necessary for a
19person to be approved to sit for the examination for a home
20inspector shall be established by rule. Approved education, as
21prescribed by this Act and its associated administrative rules
22for licensure as a home inspector, shall be valid for 2 years
23after the date of satisfactory completion of the education.
24(Source: P.A. 92-239, eff. 8-3-01.)
 

 

 

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1    (225 ILCS 441/5-30)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 5-30. Continuing education renewal requirements. The
4continuing education requirements for a person to renew a
5license as a home inspector shall be established by rule. The
6Department shall establish a continuing education completion
7deadline for home inspector licensees and require evidence of
8compliance with continuing education requirements in a manner
9established by rule before the renewal of a license.
10(Source: P.A. 100-831, eff. 1-1-19.)
 
11    (225 ILCS 441/5-50 new)
12    Sec. 5-50. Insurance.
13    (a) All applicants for a home inspector license and all
14licensees shall maintain general liability insurance in an
15amount of not less than $100,000.
16    (b) Failure of an applicant or a licensee to carry and
17maintain the insurance required by this Section, to timely
18submit proof of coverage upon the Department's request, or to
19timely report any claims made against such policies of
20insurance shall be grounds for the denial of an application to
21renew a license, or the suspension or revocation of the
22license.
23    (c) The policies of insurance submitted by an applicant
24for a new license or an applicant for renewal of a license must
25include the name of the applicant as it appears or will appear

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    consent of the client as provided by rule.
2        (21) Aiding or assisting another person in violating
3    any provision of this Act or rules adopted under this Act.
4        (22) Inability to practice with reasonable judgment,
5    skill, or safety as a result of habitual or excessive use
6    or addiction to alcohol, narcotics, stimulants, or any
7    other chemical agent or drug.
8        (23) A finding by the Department that the licensee,
9    after having the his or her license placed on probationary
10    status, has violated the terms of probation.
11        (24) Willfully making or filing false records or
12    reports related to the in his or her practice of home
13    inspection, including, but not limited to, false records
14    filed with State agencies or departments.
15        (25) Charging for professional services not rendered,
16    including filing false statements for the collection of
17    fees for which services are not rendered.
18        (26) Practicing under a false or, except as provided
19    by law, an assumed name.
20        (27) Cheating on or attempting to subvert the
21    licensing examination administered under this Act.
22        (28) Engaging in any of the following prohibited
23    fraudulent, false, deceptive, or misleading advertising
24    practices:
25            (i) advertising as a home inspector or operating a
26        home inspection business entity unless there is a duly

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    An individual licensed under this Act and affected under
2this Section shall be afforded an opportunity to demonstrate
3to the Department that he or she can resume practice in
4compliance with acceptable and prevailing standards under the
5provisions of his or her license.
6(Source: P.A. 100-872, eff. 8-14-18.)
 
7    (225 ILCS 441/15-10.1 new)
8    Sec. 15-10.1. Citations.
9    (a) The Department may adopt rules to permit the issuance
10of citations to any licensee for failure to comply with the
11continuing education requirements set forth in this Act or as
12established by rule. The citation shall be issued to the
13licensee and shall contain the licensee's name, the licensee's
14address, the licensee's license number, the number of required
15hours of continuing education that have not been successfully
16completed by the licensee within the renewal period, and the
17penalty imposed, which shall not exceed $2,000. The issuance
18of a citation shall not excuse the licensee from completing
19all continuing education required for that renewal period.
20    (b) Service of a citation shall be made in person,
21electronically, or by mail to the licensee at the licensee's
22address of record or email address of record, and the citation
23must clearly state that if the cited licensee wishes to
24dispute the citation, the cited licensee may make a written
25request, within 30 days after the citation is served, for a

 

 

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1hearing before the Department. If the cited licensee does not
2request a hearing within 30 days after the citation is served,
3then the citation shall become a final, non-disciplinary
4order, and any fine imposed is due and payable within 60 days
5after that final order. If the cited licensee requests a
6hearing within 30 days after the citation is served, the
7Department shall afford the cited licensee a hearing conducted
8in the same manner as a hearing provided for in this Act for
9any violation of this Act and shall determine whether the
10cited licensee committed the violation as charged and whether
11the fine as levied is warranted. If the violation is found, any
12fine shall constitute non-public discipline and be due and
13payable within 30 days after the order of the Secretary, which
14shall constitute a final order of the Department. No change in
15license status may be made by the Department until a final
16order of the Department has been issued.
17    (c) Payment of a fine that has been assessed pursuant to
18this Section shall not constitute disciplinary action
19reportable on the Department's website or elsewhere unless a
20licensee has previously received 2 or more citations and been
21assessed 2 or more fines.
22    (d) Nothing in this Section shall prohibit or limit the
23Department from taking further action pursuant to this Act and
24rules for additional, repeated, or continuing violations.
 
25    (225 ILCS 441/15-15)

 

 

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

 

 

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1person's practice or the imposition of a fine, without a
2hearing, if the act or acts charged constitute sufficient
3grounds for that action under the Act. The notice may be served
4by personal delivery, by mail, or, at the discretion of the
5Department, by electronic means to the address of record or
6email address of record specified by the accused as last
7updated with the Department. The written notice may be served
8by personal delivery or by certified mail to the accused's
9address of record.
10    A copy of the hearing officer's report or any Order of
11Default, along with a copy of the original complaint giving
12rise to the action, shall be served upon the applicant,
13licensee, or unlicensed person by the Department to the
14applicant, licensee, or unlicensed individual in the manner
15provided in this Act for the service of a notice of hearing.
16Within 20 days after service, the applicant or licensee may
17present to the Department a motion in writing for a rehearing,
18which shall specify the particular grounds for rehearing. The
19Department may respond to the motion, or if a motion for
20rehearing is denied, then upon denial, the Secretary may enter
21an order in accordance with the recommendations of the hearing
22officer. If the applicant or licensee orders from the
23reporting service and pays for a transcript of the record
24within the time for filing a motion for rehearing, then the
2520-day period during which a motion may be filed shall
26commence upon the delivery of the transcript to the applicant

 

 

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

 

 

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

 

 

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

 

 

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

 

 

10200HB0562ham001- 36 -LRB102 02734 SPS 23165 a

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

 

 

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

 

 

10200HB0562ham001- 38 -LRB102 02734 SPS 23165 a

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

 

 

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1manner as prescribed in civil cases in the courts of this
2State.
3    (b) Any circuit court, upon the application of the
4licensee or the Department, may order the attendance and
5testimony of witnesses and the production of relevant
6documents, files, records, books, and papers in connection
7with any hearing or investigation. The circuit court may
8compel obedience to its order by proceedings for contempt.
9    (c) The Secretary, the hearing officer, any member of the
10Board, or a certified shorthand court reporter may administer
11oaths at any hearing the Department conducts. Notwithstanding
12any other statute or Department rule to the contrary, all
13requests for testimony, production of documents, or records
14shall be in accordance with this Act.
15(Source: P.A. 97-226, eff. 7-28-11.)
 
16    (225 ILCS 441/25-17 rep.)
17    Section 15. The Home Inspector License Act is amended by
18repealing Section 25-17.
 
19    Section 99. Effective date. This Act takes effect January
201, 2022, except that this Section and Section 5 take effect
21upon becoming law.".