Full Text of HB0731 102nd General Assembly
HB0731ham001 102ND GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 4/12/2021
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| 1 | | AMENDMENT TO HOUSE BILL 731
| 2 | | AMENDMENT NO. ______. Amend House Bill 731 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing 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 Acts repealed on January 1, 2022. The following | 8 | | Acts are repealed on January 1, 2022: | 9 | | The Boxing and Full-contact Martial Arts Act.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 | 13 | | Disciplinary 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 | 2 | | Act. | 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 | 10 | | Act. | 11 | | (Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; | 12 | | 101-614, 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 Act repealed on January 1, 2032. The following | 15 | | Act is repealed on January 1, 2032: | 16 | | The Community Association Manager Licensing and | 17 | | Disciplinary Act. | 18 | | Section 10. The Community Association Manager Licensing | 19 | | and Disciplinary Act is amended by changing Sections 10, 15, | 20 | | 20, 25, 27, 30, 40, 45, 50, 55, 60, 65, 70, 75, 85, 90, 92, 95, | 21 | | 115, 120, 140, 145, 155, and 165 and by adding Sections 12, 41, | 22 | | 85.1, 86, 161, and 162 as follows: | 23 | | (225 ILCS 427/10)
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| 1 | | (Section scheduled to be repealed on January 1, 2022) | 2 | | Sec. 10. Definitions. As used in this Act: | 3 | | "Address of record" means the designated street address , | 4 | | which may not be a post office box, recorded by the Department | 5 | | in the applicant's or licensee's application file or license | 6 | | file maintained by the Department Department's licensure | 7 | | maintenance unit. It is the duty of the applicant or licensee | 8 | | to inform the Department of any change of address, and such | 9 | | changes must be made either through the Department's website | 10 | | or by contacting the Department's licensure maintenance unit . | 11 | | "Advertise" means, but is not limited to, issuing or | 12 | | causing to be distributed any card, sign or device to any | 13 | | person; or causing, permitting or allowing any sign or marking | 14 | | on or in any building, structure, newspaper, magazine or | 15 | | directory, or on radio or television; or advertising by any | 16 | | other means designed to secure public attention , including, | 17 | | but not limited to, print, electronic, social media, and | 18 | | digital forums . | 19 | | "Board" means the Community Association Manager Licensing | 20 | | and Disciplinary Board. | 21 | | "Community association" means an association in which | 22 | | membership is a condition of ownership or shareholder interest | 23 | | of a unit in a condominium, cooperative, townhouse, villa, or | 24 | | other residential unit which is part of a residential | 25 | | development plan and that is authorized to impose an | 26 | | assessment, rents, or other costs that may become a lien on the |
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| 1 | | unit or lot. | 2 | | "Community association funds" means any assessments, fees, | 3 | | fines, or other funds collected by the community association | 4 | | manager from the community association, or its members, other | 5 | | than the compensation paid to the community association | 6 | | manager for performance of community association management | 7 | | services. | 8 | | "Community association management firm" means a company, | 9 | | corporation, limited liability company , partnership , or other | 10 | | entity that engages in community association management | 11 | | services. | 12 | | "Community association management services" means those | 13 | | services listed in the definition of community association | 14 | | manager in this Section. | 15 | | "Community association manager" means an individual who : | 16 | | (1) has an ownership interest in or is employed by a | 17 | | community association management firm, or is directly | 18 | | employed by or provides services as an independent | 19 | | contractor to a community association; and | 20 | | (2) administers for remuneration the financial, | 21 | | administrative, maintenance, or other duties for the | 22 | | community association, including the following services: | 23 | | (A) collecting, controlling or disbursing funds of | 24 | | the community association or having the authority to | 25 | | do so; | 26 | | (B) preparing budgets or other financial documents |
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| 1 | | for the community association; | 2 | | (C) assisting in the conduct of community | 3 | | association meetings; | 4 | | (D) maintaining association records; and | 5 | | (E) administering administrating association | 6 | | contracts or procuring goods and services in | 7 | | accordance with , as stated in the declaration, bylaws, | 8 | | proprietary lease, declaration of covenants, or other | 9 | | governing document of the community association or at | 10 | | the direction of the board of managers; and | 11 | | (F) coordinating financial, administrative, | 12 | | maintenance, or other duties called for in the | 13 | | management contract, including individuals who are | 14 | | direct employees of the community association . | 15 | | "Community association manager" does not mean support | 16 | | staff, including, but not limited to bookkeepers, | 17 | | administrative assistants, secretaries, property inspectors, | 18 | | or customer service representatives. | 19 | | "Department" means the Department of Financial and | 20 | | Professional Regulation. | 21 | | "Designated community association manager" means a | 22 | | licensed community association
manager who: (1) has an | 23 | | ownership interest in or is employed by a community | 24 | | association
management firm to act as a controlling person; | 25 | | and (2) is the authorized signatory or has delegated
signing | 26 | | authority for the firm on community association accounts; and |
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| 1 | | (3) supervises, manages,
and is responsible for the firm's | 2 | | community association manager activities pursuant to Section
| 3 | | 50 of this Act. | 4 | | "Email address of record" means the designated email | 5 | | address recorded by the Department in the applicant's | 6 | | application file or the licensee's license file, as maintained | 7 | | by the Department. | 8 | | "License" means the privilege conferred by the Department
| 9 | | to a person that has fulfilled all requirements prerequisite | 10 | | to any type of licensure under this Act license issued to a | 11 | | person, corporation, partnership, limited liability company, | 12 | | or other legal entity under this Act to provide community | 13 | | association management services . | 14 | | "Licensee" means a community association manager or a | 15 | | community association management firm. | 16 | | "Person" means any individual, corporation, partnership, | 17 | | limited liability company, or other legal entity. | 18 | | "Secretary" means the Secretary of Financial and | 19 | | Professional Regulation or the Secretary's designee .
| 20 | | "Supervising community association manager" means an | 21 | | individual licensed as a community association manager who | 22 | | manages and supervises a firm. | 23 | | (Source: P.A. 100-201, eff. 8-18-17 .) | 24 | | (225 ILCS 427/12 new) | 25 | | Sec. 12. Address of record; email address of record. All |
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| 1 | | applicants and licensees shall: | 2 | | (1) provide a valid address and email address to the | 3 | | Department, which shall serve as the address of record and | 4 | | email address of record, respectively, at the time of | 5 | | application for licensure or renewal of a license; and | 6 | | (2) inform the Department of any change of address of | 7 | | record or email address of record within 14 days after | 8 | | such change through the Department's website or in a | 9 | | manner prescribed by the Department. | 10 | | (225 ILCS 427/15)
| 11 | | (Section scheduled to be repealed on January 1, 2022) | 12 | | Sec. 15. License required. It shall be unlawful for any | 13 | | person , corporation, partnership, limited liability company, | 14 | | or other entity to provide community association management | 15 | | services, provide services as a community association manager, | 16 | | or hold the person himself, herself, or itself out as a | 17 | | community association manager or community association | 18 | | management firm to any community association in this State, | 19 | | unless the person holds he, she, or it holds a current and | 20 | | valid license issued licensed by the Department or the person | 21 | | is otherwise exempt from licensure under this Act.
| 22 | | (Source: P.A. 98-365, eff. 1-1-14 .) | 23 | | (225 ILCS 427/20)
| 24 | | (Section scheduled to be repealed on January 1, 2022) |
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| 1 | | Sec. 20. Exemptions. | 2 | | (a) The requirement for holding a license under this Act | 3 | | shall not apply to any of the following: | 4 | | (1) Any director or , officer , or member of a community | 5 | | association providing one or more of the services of a | 6 | | community association manager to a community association | 7 | | without compensation for such services to the association. | 8 | | (2) Any person , corporation, partnership, or limited | 9 | | liability company providing one or more of the services of | 10 | | a community association manager to a community association | 11 | | of 10 units or less. | 12 | | (3) A licensed attorney acting solely as an incident | 13 | | to
the practice of law. | 14 | | (4) An individual A person acting as a receiver, | 15 | | trustee in bankruptcy, administrator, executor, or | 16 | | guardian acting under a court order or under the authority | 17 | | of a court will or of a trust instrument . | 18 | | (5) A person licensed in this State under any other | 19 | | Act who engages in practices or activities specifically | 20 | | authorized by the Act pursuant to which the license was | 21 | | granted from engaging the practice for which he or she is | 22 | | licensed . | 23 | | (b) A licensed community association manager may not | 24 | | perform or engage in any activities for which a real estate | 25 | | managing broker , or real estate broker, or residential leasing | 26 | | agent broker's license is required under
the Real Estate |
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| 1 | | License Act of 2000, unless the licensee he or she also | 2 | | possesses a current and valid license under the Real Estate | 3 | | License Act of 2000 and is providing those services as | 4 | | provided for in the Real Estate License Act of 2000 and the | 5 | | applicable rules.
| 6 | | (c) (Blank). A person may temporarily act as, or provide | 7 | | services as, a community association manager without being | 8 | | licensed under this Act if the person (i) is a community | 9 | | association manager regulated under the laws of another state | 10 | | or territory of the United States or another country and (ii) | 11 | | has applied in writing to the Department, on forms prepared | 12 | | and furnished by the Department, for licensure under this Act. | 13 | | This temporary right to act as a community association manager | 14 | | shall expire 6 months after the filing of his or her written | 15 | | application to the Department; upon the withdrawal of the | 16 | | application for licensure under this Act; or upon delivery of | 17 | | a notice of intent to deny the application from the | 18 | | Department; or upon the denial of the application by the | 19 | | Department, whichever occurs first.
| 20 | | (Source: P.A. 98-365, eff. 1-1-14 .) | 21 | | (225 ILCS 427/25)
| 22 | | (Section scheduled to be repealed on January 1, 2022) | 23 | | Sec. 25. Community Association Manager Licensing and | 24 | | Disciplinary Board. | 25 | | (a) There is hereby created the Community Association |
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| 1 | | Manager Licensing and Disciplinary Board, which shall consist | 2 | | of 7 members appointed by the Secretary. All members must be | 3 | | residents of the State and must have resided in the State for | 4 | | at least 5 years immediately preceding the date of | 5 | | appointment. Five members of the Board must be licensees under | 6 | | this Act , at least two members of which shall be supervising | 7 | | community association managers . Two members of the Board shall | 8 | | be owners of, or hold a shareholder's interest in, a unit in a | 9 | | community association at the time of appointment who are not | 10 | | licensees under this Act and have no direct affiliation or | 11 | | work experience with the community association's community | 12 | | association manager. This Board shall act in an advisory | 13 | | capacity to the Department. | 14 | | (b) The term of each member Members serving on the Board on | 15 | | the effective date of this amendatory Act of the 100th General | 16 | | Assembly may serve the remainder of their unexpired terms. | 17 | | Thereafter, the members' terms shall be for 4 years or until | 18 | | that member's successor is appointed and expire upon | 19 | | completion of the term . No member shall be reappointed to the | 20 | | Board for a term that would cause the member's his or her | 21 | | cumulative service to the Board to exceed 10 years. | 22 | | Appointments to fill vacancies shall be made by the Secretary | 23 | | for the unexpired portion of the term. The Secretary shall | 24 | | remove from the Board any member whose license has become void | 25 | | or has been revoked or suspended and may remove any member of | 26 | | the Board for neglect of duty, misconduct, or incompetence. A |
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| 1 | | member who is subject to formal disciplinary proceedings shall | 2 | | be disqualified disqualify himself or herself from all Board | 3 | | business until the charge is resolved. A member also shall be | 4 | | disqualified disqualify himself or herself from any matter on | 5 | | which the member cannot act objectively. | 6 | | (c) Four Board members shall constitute a quorum. A quorum | 7 | | is required for all Board decisions. | 8 | | (d) The Board shall elect annually , at its first meeting | 9 | | of the fiscal year, a chairperson and vice chairperson. | 10 | | (e) Each member shall receive reimbursement as set by the | 11 | | Governor's Travel Control Board for expenses incurred in | 12 | | carrying out the duties as a Board member. The Board shall be | 13 | | compensated as determined by the Secretary. | 14 | | (f) The Board may recommend policies, procedures, and | 15 | | rules relevant to the administration and enforcement of this | 16 | | Act.
| 17 | | (Source: P.A. 100-886, eff. 8-14-18 .) | 18 | | (225 ILCS 427/27)
| 19 | | (Section scheduled to be repealed on January 1, 2022) | 20 | | Sec. 27. Immunity from liability. Any member of the Board, | 21 | | any attorney providing
advice to the Board or Department, any | 22 | | person acting as a consultant to the Board or Department, and | 23 | | any witness testifying in a proceeding authorized under this | 24 | | Act, excluding the party making the complaint, shall be immune | 25 | | from liability in any civil action brought against him or her |
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| 1 | | for acts occurring while acting in one's his or her capacity as | 2 | | a Board member, attorney, consultant, or witness, | 3 | | respectively, unless the conduct that gave rise to the action | 4 | | was willful or wanton misconduct.
| 5 | | (Source: P.A. 98-365, eff. 1-1-14 .) | 6 | | (225 ILCS 427/30)
| 7 | | (Section scheduled to be repealed on January 1, 2022) | 8 | | Sec. 30. Powers and duties of the Department. The | 9 | | Department may exercise the following functions, powers and | 10 | | duties: | 11 | | (a) formulate rules for the administration and | 12 | | enforcement of this Act; | 13 | | (b) prescribe forms to be issued for the | 14 | | administration and enforcement of this Act and utilize | 15 | | regular or electronic mail, at the discretion of the | 16 | | Department, to send notices and other information to | 17 | | applicants and licensees ; | 18 | | (c) conduct hearings or proceedings to refuse to issue | 19 | | or , renew, or to suspend, revoke, place on probation, | 20 | | reprimand, or take disciplinary or non-disciplinary action | 21 | | as the Department may deem appropriate under this Act; | 22 | | (d) (blank); maintain a roster of the names and | 23 | | addresses of all licensees in a manner as deemed | 24 | | appropriate by the Department; and | 25 | | (e) seek the advice and expert knowledge of the Board |
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| 1 | | on any matter relating to the
administration and | 2 | | enforcement of this Act ; and . | 3 | | (f) exercise any and all general powers and duties set | 4 | | forth in Section 2105-15 of the Department of Professional | 5 | | Regulation Law of the Civil Administrative Code of | 6 | | Illinois.
| 7 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 8 | | (225 ILCS 427/40)
| 9 | | (Section scheduled to be repealed on January 1, 2022) | 10 | | Sec. 40. Qualifications for licensure as a community | 11 | | association manager. | 12 | | (a) No person shall be qualified for licensure as a | 13 | | community association manager under this Act , unless the | 14 | | person he or she has applied in writing on the prescribed forms | 15 | | and has paid the required, nonrefundable fees and has met | 16 | | meets all of the following qualifications: | 17 | | (1) Is He or she is at least 18 years of age. | 18 | | (1.5) Successfully completed a 4-year course of study | 19 | | in a high school, secondary school, or an equivalent | 20 | | course of study approved by the state in which the school | 21 | | is located, or possess a high school equivalency | 22 | | certificate, which shall be verified under oath by the | 23 | | applicant. | 24 | | (2) Provided He or she provides satisfactory evidence | 25 | | of having completed at least 20 classroom hours in |
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| 1 | | community association management courses approved by the | 2 | | Board. | 3 | | (3) Passed He or she has passed an examination | 4 | | authorized by the Department.
| 5 | | (4) Has He or she has not committed an act or acts, in | 6 | | this or any other jurisdiction, that would be a violation | 7 | | of this Act. | 8 | | (5) Is He or she is of good moral character. In | 9 | | determining moral character under this Section, the | 10 | | Department may take into consideration whether the | 11 | | applicant has engaged in conduct or activities that would | 12 | | constitute grounds for discipline under this Act. Good | 13 | | moral character is a continuing requirement of licensure. | 14 | | Conviction of crimes may be used in determining moral | 15 | | character, but shall not constitute an absolute bar to | 16 | | licensure. | 17 | | (6) Has He or she has not been declared by any court of | 18 | | competent jurisdiction to be incompetent by reason of | 19 | | mental or physical defect or disease, unless a court has | 20 | | subsequently declared by a court him or her to be | 21 | | competent. | 22 | | (7) Complies He or she complies with any additional | 23 | | qualifications for licensure as determined by rule of the | 24 | | Department. | 25 | | (b) (Blank). The education requirement set forth in item | 26 | | (2) of subsection (a) of this Section shall not apply to |
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| 1 | | persons holding a real estate managing broker or real estate | 2 | | broker license in good standing issued under the Real Estate | 3 | | License Act of 2000. | 4 | | (c) (Blank). The examination and initial education | 5 | | requirement of items (2) and (3) of subsection (a) of this | 6 | | Section shall not apply to any person who within 6 months from | 7 | | the effective date of the requirement for licensure, as set | 8 | | forth in Section 170 of this Act, applies for a license by | 9 | | providing satisfactory evidence to the Department of | 10 | | qualifying experience or education, as may be set forth by | 11 | | rule, including without limitation evidence that he or she has | 12 | | practiced community association management for a period of 5 | 13 | | years. | 14 | | (d) Applicants have 3 years from the date of application | 15 | | to complete the application process. If the process has not | 16 | | been completed within the 3 years, the application shall be | 17 | | denied, the fee shall be forfeited, and the applicant must | 18 | | reapply and meet the requirements in effect at the time of | 19 | | re-application. | 20 | | (e) The Department shall not require applicants to report | 21 | | the following information and shall not consider the following | 22 | | criminal history records in connection with an application for | 23 | | licensure: | 24 | | (1) juvenile adjudications of delinquent minors as | 25 | | defined in Section 5-105 of the Juvenile Court Act of 1987 | 26 | | subject to the restrictions set forth in Section 5-130 of |
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| 1 | | that Act; | 2 | | (2) law enforcement records, court records, and | 3 | | conviction records of an individual who was 17 years old | 4 | | at the time of the offense and before January 1, 2014, | 5 | | unless the nature of the offense required the individual | 6 | | to be tried as an adult; | 7 | | (3) records of arrest not followed by a charge or | 8 | | conviction; | 9 | | (4) records of arrest in which the charges were | 10 | | dismissed unless related to the practice of the | 11 | | profession; however, applicants shall not be asked to | 12 | | report any arrests, and an arrest not followed by a | 13 | | conviction shall not be the basis of a denial and may be | 14 | | used only to assess an applicant's rehabilitation; | 15 | | (5) convictions overturned by a higher court; or | 16 | | (6) convictions or arrests that have been sealed or | 17 | | expunged. | 18 | | (f) An applicant or licensee shall report to the | 19 | | Department, in a manner prescribed by the Department, and | 20 | | within 30 days after the occurrence if during the term of | 21 | | licensure: (i) any conviction of or plea of guilty or nolo | 22 | | contendere to forgery, embezzlement, obtaining money under | 23 | | false pretenses, larceny, extortion, conspiracy to defraud, or | 24 | | any similar offense or offenses or any conviction of a felony | 25 | | involving moral turpitude; (ii) the entry of an administrative | 26 | | sanction by a government agency in this State or any other |
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| 1 | | jurisdiction that has as an essential element dishonesty or | 2 | | fraud or involves larceny, embezzlement, or obtaining money, | 3 | | property, or credit by false pretenses; or (iii) any | 4 | | conviction of or plea of guilty or nolo contendere to a crime | 5 | | that subjects the licensee to compliance with the requirements | 6 | | of the Sex Offender Registration Act.
| 7 | | (Source: P.A. 100-892, eff. 8-14-18 .) | 8 | | (225 ILCS 427/41 new) | 9 | | Sec. 41. Qualifications for licensure as a community | 10 | | association management firm. Any person who desires to obtain | 11 | | a community association management firm license must: | 12 | | (1) apply to the Department on forms prescribed by the | 13 | | Department and pay the required fee; | 14 | | (2) provide evidence to the Department that the | 15 | | community association management firm has a licensed and | 16 | | designated community association manager; | 17 | | (3) be authorized to conduct business in the State of | 18 | | Illinois and provide proof of such authorization to the | 19 | | Department; and | 20 | | (4) comply with all requirements as may be set forth | 21 | | by rule. | 22 | | (225 ILCS 427/45)
| 23 | | (Section scheduled to be repealed on January 1, 2022) | 24 | | Sec. 45. Examinations. |
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| 1 | | (a) The Department shall authorize examinations of | 2 | | applicants for licensure as a community association manager at | 3 | | such times and places as it may determine. The examination of | 4 | | applicants shall be of a character to give a fair test of the | 5 | | qualifications of the applicant to practice as a community | 6 | | association manager. | 7 | | (b) Applicants for examination shall be required to pay, | 8 | | either to the Department or the designated testing service, a | 9 | | fee covering the cost of providing the examination. | 10 | | (c) The Department may employ consultants to prepare and | 11 | | conduct for the purpose of preparing and conducting | 12 | | examinations. | 13 | | (d) An applicant shall be eligible to take the examination | 14 | | only after successfully completing the education requirements | 15 | | set forth in this Act and attaining the minimum education and | 16 | | age required
under this Act. | 17 | | (e) (Blank). The examination approved by the Department | 18 | | should utilize the basic principles of professional testing | 19 | | standards utilizing psychometric measurement. The examination | 20 | | shall use standards set forth by the National Organization for | 21 | | Competency Assurances and shall be approved by the Department.
| 22 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 23 | | (225 ILCS 427/50)
| 24 | | (Section scheduled to be repealed on January 1, 2022) | 25 | | Sec. 50. Community association management firm.
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| 1 | | (a) No corporation, partnership, limited liability | 2 | | company, or other legal entity shall provide or offer to | 3 | | provide community association management services, unless it | 4 | | has applied in writing on the prescribed forms and has paid the | 5 | | required nonrefundable fees and provided evidence to the | 6 | | Department that the firm has designated a licensed supervising | 7 | | community association manager to supervise and manage the | 8 | | firm. Having a A designated supervising community association | 9 | | manager shall be a continuing requirement of firm licensure. | 10 | | No supervising community association manager may be the | 11 | | supervising community association manager for more than one | 12 | | firm. | 13 | | (b) Any corporation, partnership, limited liability | 14 | | company, or other legal entity that is providing, or offering | 15 | | to provide, community association management services and is | 16 | | not in compliance with this Section 50 and other provisions of | 17 | | this Act shall be subject to the civil penalties fines , | 18 | | injunctions, cease and desist provisions, and penalties | 19 | | provided for in Sections 90, 92, and 155 of this Act. | 20 | | (c) No community association manager may be the designated | 21 | | community association manager licensee-in-charge for more than | 22 | | one firm, corporation, limited liability company, partnership, | 23 | | or other legal entity. The designated community association | 24 | | manager shall supervise and manage all licensed and unlicensed | 25 | | employees acting on behalf of the community association | 26 | | management firm. The designated community association manager |
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| 1 | | shall supervise and manage all independent contractors | 2 | | providing community association management services on behalf | 3 | | of the community association management firm. The community | 4 | | association management firm and the designated community | 5 | | association manager shall be responsible for all actions of | 6 | | which they had knowledge taken on behalf of the community | 7 | | association management firm. | 8 | | (d) The Department may adopt rules and set all necessary | 9 | | requirements for the implementation of this Section.
| 10 | | (Source: P.A. 98-365, eff. 1-1-14 .) | 11 | | (225 ILCS 427/55)
| 12 | | (Section scheduled to be repealed on January 1, 2022) | 13 | | Sec. 55. Fidelity insurance; segregation of accounts. | 14 | | (a) The designated supervising community association | 15 | | manager or the community association management firm that | 16 | | employs the designated community association manager with | 17 | | which he or she is employed shall not have access to and | 18 | | disburse community association funds unless each of the | 19 | | following conditions occur: | 20 | | (1) There is fidelity insurance in place to insure | 21 | | against loss or for theft of community association funds. | 22 | | (2) The fidelity insurance is in the maximum amount of | 23 | | coverage available to protect funds in the custody or not | 24 | | less than all moneys under the control of the designated | 25 | | supervising community association manager or the employing |
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| 1 | | community association management firm providing service to | 2 | | for the association. | 3 | | (3) During the term and coverage period of the | 4 | | insurance, the The fidelity insurance shall cover covers | 5 | | the : | 6 | | (A) the designated community association manager ; , | 7 | | supervising community association manager, and | 8 | | (B) the community association management firm; | 9 | | (C) all community association managers; | 10 | | (D) all all partners, officers, and employees of | 11 | | the community association management firm ; and during | 12 | | the term of the insurance coverage, which shall be at | 13 | | least for the same term as the service agreement | 14 | | between the community association management firm or | 15 | | supervising community association manager as well as | 16 | | (E) the community association officers, directors, | 17 | | and employees. | 18 | | (4) The insurance company issuing the fidelity | 19 | | insurance may not cancel or refuse to renew the bond | 20 | | without giving at least 10 days' prior written notice. | 21 | | (5) Unless an agreement between the community | 22 | | association and the designated supervising community | 23 | | association manager or the community association | 24 | | management firm provides to the contrary, a community | 25 | | association may secure and pay for the fidelity insurance | 26 | | required by this Section. The designated supervising |
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| 1 | | community association manager , all other licensees, and or | 2 | | the community association management firm must be named as | 3 | | additional insured parties on the community association | 4 | | policy. | 5 | | (b) A community association management firm that provides | 6 | | community association management services for more than one | 7 | | community association shall maintain separate, segregated | 8 | | accounts for each community association or, with the consent | 9 | | of the community association, combine the accounts of one or | 10 | | more community associations, but in that event, separately | 11 | | account for the funds of each community association . The funds | 12 | | shall not, in any event, be commingled with the supervising | 13 | | community association manager's or community association | 14 | | management firm's funds. The funds shall not, in any event, be | 15 | | commingled with the funds of the community association | 16 | | manager, the community association management firm, or any | 17 | | other community association. The maintenance of such accounts | 18 | | shall be custodial, and such accounts shall be in the name of | 19 | | the respective community association or community association | 20 | | manager or Community Association Management Agency as the | 21 | | agent for the association . | 22 | | (c) The designated supervising community association | 23 | | manager or community association management firm shall obtain | 24 | | the appropriate general liability and errors and omissions | 25 | | insurance, as determined by the Department, to cover any | 26 | | losses or claims against a the supervising community |
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| 1 | | association manager , the designated community association | 2 | | manager, or the community association management firm. | 3 | | (d) The Department shall have authority to promulgate | 4 | | additional rules regarding insurance, fidelity insurance and | 5 | | all accounts maintained and to be maintained by a community | 6 | | association manager, designated supervising community | 7 | | association manager , or community association management firm.
| 8 | | (Source: P.A. 98-365, eff. 1-1-14 .) | 9 | | (225 ILCS 427/60)
| 10 | | (Section scheduled to be repealed on January 1, 2022) | 11 | | Sec. 60. Licenses; renewals; restoration; person in | 12 | | military service. | 13 | | (a) The expiration date , fees, and renewal period for each | 14 | | license issued under this Act shall be set by rule. The | 15 | | Department may promulgate rules requiring continuing education | 16 | | and set all necessary requirements for such, including but not | 17 | | limited to fees, approved coursework, number of hours, and | 18 | | waivers of continuing education. | 19 | | (b) Any licensee who has an expired permitted his, her, or | 20 | | its license to expire may have the license restored by | 21 | | applying making application to the Department and filing proof | 22 | | acceptable to the Department of fitness to have the expired | 23 | | his, her, or its license restored, by which may include sworn | 24 | | evidence certifying to active practice in another jurisdiction | 25 | | satisfactory to the Department, complying with any continuing |
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| 1 | | education requirements, and paying the required restoration | 2 | | fee. | 3 | | (c) Any If the person has not maintained an active | 4 | | practice in another jurisdiction satisfactory to the | 5 | | Department, the Department shall determine, by an evaluation | 6 | | program established by rule, the person's fitness to resume | 7 | | active status and may require the person to complete a period | 8 | | of evaluated clinical experience and successful completion of | 9 | | a practical examination.
However, any person whose license | 10 | | expired while (i) in federal service on active duty with the | 11 | | Armed Forces of the United States or called into service or | 12 | | training with the State Militia or (ii) in training or | 13 | | education under the supervision of the United States | 14 | | preliminary to induction into the military service may have | 15 | | the his or her license renewed or restored without paying any | 16 | | lapsed renewal fees if, within 2 years after honorable | 17 | | termination of the service, training or education, except | 18 | | under condition other than honorable, the licensee he or she | 19 | | furnishes the Department with satisfactory evidence of | 20 | | engagement to the effect that he or she has been so engaged and | 21 | | that the service, training, or education has been so honorably | 22 | | terminated. | 23 | | (d) A community association manager or , community | 24 | | association management firm that or supervising community | 25 | | association manager who notifies the Department, in a manner | 26 | | writing on forms prescribed by the Department, may place the |
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| 1 | | his, her, or its license on inactive status for a period not to | 2 | | exceed 2 years and shall be excused from the payment of renewal | 3 | | fees until the person notifies the Department in writing of | 4 | | the intention to resume active practice. | 5 | | (e) A community association manager, community association | 6 | | management firm , or supervising community association manager | 7 | | requesting that the his, her, or its license be changed from | 8 | | inactive to active status shall be required to pay the current | 9 | | renewal fee and shall also demonstrate compliance with the | 10 | | continuing education requirements. | 11 | | (f) No Any licensee with a nonrenewed or on inactive | 12 | | license status or community association management firm | 13 | | operation without a designated community association manager | 14 | | shall not provide community association management services as | 15 | | set forth in this Act. | 16 | | (g) Any person violating subsection (f) of this Section | 17 | | shall be considered to be practicing without a license and | 18 | | will be subject to the disciplinary provisions of this Act. | 19 | | (h) The Department shall not renew a license if the | 20 | | licensee has an unpaid fine from a disciplinary matter or an | 21 | | unpaid fee from a non-disciplinary action imposed by the | 22 | | Department until the fine or fee is paid to the Department or | 23 | | the licensee has entered into a payment plan and is current on | 24 | | the required payments. | 25 | | (i) The Department shall not issue a license if the | 26 | | applicant has an unpaid fine imposed by the Department for |
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| 1 | | unlicensed practice until the fine is paid to the Department | 2 | | or the applicant has entered into a payment plan and is current | 3 | | on the required payments.
| 4 | | (Source: P.A. 98-365, eff. 1-1-14 .) | 5 | | (225 ILCS 427/65)
| 6 | | (Section scheduled to be repealed on January 1, 2022) | 7 | | Sec. 65. Fees; Community Association Manager Licensing and | 8 | | Disciplinary Fund. | 9 | | (a) The fees for the administration and enforcement of | 10 | | this Act, including, but not limited to, initial licensure, | 11 | | renewal, and restoration, shall be set by rule of the | 12 | | Department. The fees shall be nonrefundable. | 13 | | (b) In addition to the application fee, applicants for the | 14 | | examination are required to pay, either to the Department or | 15 | | the designated testing service, a fee covering the cost of | 16 | | determining an applicant's eligibility and providing the | 17 | | examination. Failure to appear for the examination on the | 18 | | scheduled date, at the time and place specified, after the | 19 | | applicant's application and fee for examination have been | 20 | | received and acknowledged by the Department or the designated | 21 | | testing service, shall result in the forfeiture of the fee. | 22 | | (c) All fees, fines, penalties, or other monies received | 23 | | or collected pursuant to this Act shall be deposited in the | 24 | | Community Association Manager Licensing and Disciplinary Fund.
| 25 | | (d) Moneys in the Community Association Manager Licensing |
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| 1 | | and Disciplinary Fund may be transferred to the Professions | 2 | | Indirect Cost Fund, as authorized under Section 2105-300 of | 3 | | the Department of Professional Regulation Law of the Civil | 4 | | Administrative Code of Illinois. | 5 | | (Source: P.A. 97-1021, eff. 8-17-12; 98-365, eff. 1-1-14 .) | 6 | | (225 ILCS 427/70)
| 7 | | (Section scheduled to be repealed on January 1, 2022) | 8 | | Sec. 70. Penalty for insufficient funds; payments. Any | 9 | | person who : | 10 | | (1) delivers a check or other payment to the | 11 | | Department that is returned to the Department unpaid by | 12 | | the financial institution upon which it is drawn ; or | 13 | | (2) presents a credit or debit card for payment that | 14 | | is invalid or expired or against which charges by the | 15 | | Department are declined or dishonored; | 16 | | shall pay to the Department, in addition to the amount already | 17 | | owed to the Department, a fine of $50. The Department shall | 18 | | notify the person that payment of fees and fines shall be paid | 19 | | to the Department by certified check or money order within 30 | 20 | | calendar days after notification. If, after the expiration of | 21 | | 30 days from the date of the notification, the person has | 22 | | failed to submit the necessary remittance, the Department | 23 | | shall automatically terminate the license or deny the | 24 | | application, without hearing. After If, after termination or | 25 | | denial, the person seeking seeks a license , he, she, or it |
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| 1 | | shall apply to the Department for restoration or issuance of | 2 | | the license and pay all fees and fines due to the Department. | 3 | | The Department may establish a fee for the processing of an | 4 | | application for restoration of a license to pay all expenses | 5 | | of processing this application. The Secretary may waive the | 6 | | fines due under this Section in individual cases where the | 7 | | Secretary finds that the fines would be unreasonable or | 8 | | unnecessarily burdensome.
| 9 | | (Source: P.A. 98-365, eff. 1-1-14 .) | 10 | | (225 ILCS 427/75)
| 11 | | (Section scheduled to be repealed on January 1, 2022) | 12 | | Sec. 75. Endorsement. The Department may issue a | 13 | | community association manager or supervising community | 14 | | association manager license , without the required examination, | 15 | | to an applicant licensed under the laws of another state if the | 16 | | requirements for licensure in that state are, on the date of | 17 | | licensure, substantially equal to the requirements of this Act | 18 | | or to a person who, at the time of his or her application for | 19 | | licensure, possessed individual qualifications that were | 20 | | substantially equivalent to the requirements then in force in | 21 | | this State. An applicant under this Section shall pay all of | 22 | | the required fees. | 23 | | All applicants under this Act Applicants have 3 years from | 24 | | the date of application to complete the application process. | 25 | | If the process has not been completed within the 3 years, the |
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| 1 | | application shall be denied, the fee shall be forfeited, and | 2 | | the applicant must reapply and meet the requirements in effect | 3 | | at the time of reapplication.
| 4 | | (Source: P.A. 98-365, eff. 1-1-14 .) | 5 | | (225 ILCS 427/85)
| 6 | | (Section scheduled to be repealed on January 1, 2022) | 7 | | Sec. 85. Grounds for discipline; refusal, revocation, or | 8 | | suspension. | 9 | | (a) The Department may refuse to issue or renew a license, | 10 | | or may place on probation, reprimand, suspend, or revoke any | 11 | | license, or take any other disciplinary or non-disciplinary | 12 | | action as the Department may deem proper and impose a fine not | 13 | | to exceed $10,000 for each violation upon any licensee or | 14 | | applicant under this Act or any person or entity who holds | 15 | | oneself himself, herself, or itself out as an applicant or | 16 | | licensee for any one or combination of the following causes: | 17 | | (1) Material misstatement in furnishing information to | 18 | | the Department. | 19 | | (2) Violations of this Act or its rules. | 20 | | (3) Conviction of or entry of a plea of guilty or plea | 21 | | of nolo contendere , as set forth in subsection (f) of | 22 | | Section 40, to (i) a felony or a misdemeanor under the laws | 23 | | of the United States, any state, or any other jurisdiction | 24 | | or entry of an administrative sanction by a government | 25 | | agency in this State or any other jurisdiction or (ii) a |
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| 1 | | crime that subjects the licensee to compliance with the | 2 | | requirements of the Sex Offender Registration Act; or the | 3 | | entry of an administrative sanction by a government agency | 4 | | in this State or any other jurisdiction . Action taken | 5 | | under this paragraph (3) for a misdemeanor or an | 6 | | administrative sanction is limited to a misdemeanor or | 7 | | administrative sanction that has as an essential element | 8 | | dishonesty or fraud, that involves larceny, embezzlement, | 9 | | or obtaining money, property, or credit by false pretenses | 10 | | or by means of a confidence game, or that is directly | 11 | | related to the practice of the profession. | 12 | | (4) Making any misrepresentation for the purpose of | 13 | | obtaining a license or violating any provision of this Act | 14 | | or its rules. | 15 | | (5) Professional incompetence. | 16 | | (6) Gross negligence. | 17 | | (7) Aiding or assisting another person in violating | 18 | | any provision of this Act or its rules. | 19 | | (8) Failing, within 30 days, to provide information in | 20 | | response to a request made by the Department. | 21 | | (9) Engaging in dishonorable, unethical, or | 22 | | unprofessional conduct of a character likely to deceive, | 23 | | defraud or harm the public as defined by the rules of the | 24 | | Department, or violating the rules of professional conduct | 25 | | adopted by the Department. | 26 | | (10) Habitual or excessive use or addiction to |
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| 1 | | alcohol, narcotics, stimulants, or any other chemical | 2 | | agent or drug that results in the inability to practice | 3 | | with reasonable judgment, skill, or safety. | 4 | | (11) Having been disciplined by another state, the | 5 | | District of Columbia, a territory, a foreign nation, or a | 6 | | governmental agency authorized to impose discipline if at | 7 | | least one of the grounds for the discipline is the same or | 8 | | substantially equivalent of one of the grounds for which a | 9 | | licensee may be disciplined under this Act. A certified | 10 | | copy of the record of the action by the other state or | 11 | | jurisdiction shall be prima facie evidence thereof. | 12 | | (12) Directly or indirectly giving to or receiving | 13 | | from any person, firm, corporation, partnership or | 14 | | association any fee, commission, rebate, or other form of | 15 | | compensation for any professional services not actually or | 16 | | personally rendered. | 17 | | (13) A finding by the Department that the licensee, | 18 | | after having the his, her, or its license placed on | 19 | | probationary status, has violated the terms of probation. | 20 | | (14) Willfully making or filing false records or | 21 | | reports relating to a licensee's practice, including but | 22 | | not limited to false records filed with any State or | 23 | | federal agencies or departments. | 24 | | (15) Being named as a perpetrator in an indicated | 25 | | report by the Department of Children and Family Services | 26 | | under the Abused and Neglected Child Reporting Act and |
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| 1 | | upon proof by clear and convincing evidence that the | 2 | | licensee has caused a child to be an abused child or | 3 | | neglected child as defined in the Abused and Neglected | 4 | | Child Reporting Act. | 5 | | (16) Physical illness or mental illness or impairment , | 6 | | including, but not limited to, deterioration through the | 7 | | aging process or loss of motor skill that results in the | 8 | | inability to practice the profession with reasonable | 9 | | judgment, skill, or safety. | 10 | | (17) Solicitation of professional services by using | 11 | | false or misleading advertising. | 12 | | (18) A finding that licensure has been applied for or | 13 | | obtained by fraudulent means. | 14 | | (19) Practicing or attempting to practice under a name | 15 | | other than the full name as shown on the license or any | 16 | | other legally authorized name unless approved by the | 17 | | Department . | 18 | | (20) Gross overcharging for professional services | 19 | | including, but not limited to, (i) collection of fees or | 20 | | moneys for services that are not rendered; and (ii) | 21 | | charging for services that are not in accordance with the | 22 | | contract between the licensee and the community | 23 | | association. | 24 | | (21) Improper commingling of personal and client funds | 25 | | in violation of this Act or any rules promulgated thereto. | 26 | | (22) Failing to account for or remit any moneys or |
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| 1 | | documents coming into the licensee's possession that | 2 | | belong to another person or entity. | 3 | | (23) Giving differential treatment to a person that is | 4 | | to that person's detriment on the basis because of race, | 5 | | color, creed, sex, ancestry, age, order of protection | 6 | | status, marital status, physical or mental disability, | 7 | | military status, unfavorable discharge from military | 8 | | status, sexual orientation, pregnancy, religion, or | 9 | | national origin. | 10 | | (24) Performing and charging for services without | 11 | | reasonable authorization to do so from the person or | 12 | | entity for whom service is being provided. | 13 | | (25) Failing to make available to the Department, upon | 14 | | request, any books, records, or forms required by this | 15 | | Act. | 16 | | (26) Purporting to be a designated supervising | 17 | | community association manager of a firm without active | 18 | | participation in the firm and having been designated as | 19 | | such . | 20 | | (27) Failing to make available to the Department at | 21 | | the time of the request any indicia of licensure or | 22 | | registration issued under this Act. | 23 | | (28) Failing to maintain and deposit funds belonging | 24 | | to a community association in accordance with subsection | 25 | | (b) of Section 55 of this Act. | 26 | | (29) Violating the terms of a disciplinary order |
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| 1 | | issued by the Department. | 2 | | (30) Operating a community association management firm | 3 | | without a designated community association manager who | 4 | | holds an active community association manager license. | 5 | | (31) For a designated community association manager, | 6 | | failing to meet the requirements for acting as a | 7 | | designated community association manager. | 8 | | (32) Failing to disclose to a community association | 9 | | any compensation received by a licensee from a third party | 10 | | in connection with or related to a transaction entered | 11 | | into by the licensee on behalf of the community | 12 | | association. | 13 | | (33) Failing to disclose to a community association, | 14 | | at the time of making the referral, that a licensee (A) has | 15 | | greater than a 1% ownership interest in a third party to | 16 | | which it refers the community association; or (B) receives | 17 | | or may receive dividends or other profit sharing | 18 | | distributions from a third party, other than a publicly | 19 | | held or traded company, to which it refers the community | 20 | | association. | 21 | | (b) (Blank). | 22 | | (c) The determination by a circuit court that a licensee | 23 | | is subject to involuntary admission or judicial admission, as | 24 | | provided in the Mental Health and Developmental Disabilities | 25 | | Code, operates as an automatic suspension. The suspension will | 26 | | terminate only upon a finding by a court that the patient is no |
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| 1 | | longer subject to involuntary admission or judicial admission | 2 | | and the issuance of an order so finding and discharging the | 3 | | patient, and upon the recommendation of the Board to the | 4 | | Secretary that the licensee be allowed to resume his or her | 5 | | practice as a licensed community association manager. | 6 | | (d) In accordance with subsection (g) of Section 2105-15 | 7 | | of the Department of Professional Regulation Law of the Civil | 8 | | Administrative Code of Illinois (20 ILCS 2105/2105-15), the | 9 | | Department may refuse to issue or renew or may suspend the | 10 | | license of any person who fails to file a return, to pay the | 11 | | tax, penalty, or interest shown in a filed return, or to pay | 12 | | any final assessment of tax, penalty, or interest, as required | 13 | | by any tax Act administered by the Department of Revenue, | 14 | | until such time as the requirements of that tax Act are | 15 | | satisfied.
| 16 | | (e) In accordance with subdivision (a)(5) of Section | 17 | | 2105-15 of the Department of Professional Regulation Law of | 18 | | the Civil Administrative Code of Illinois (20 ILCS | 19 | | 2105/2105-15) and in cases where the Department of Healthcare | 20 | | and Family Services (formerly Department of Public Aid) has | 21 | | previously determined that a licensee or a potential licensee | 22 | | is more than 30 days delinquent in the payment of child support | 23 | | and has subsequently certified the delinquency to the | 24 | | Department , the Department may refuse to issue or renew or may | 25 | | revoke or suspend that person's license or may take other | 26 | | disciplinary action against that person based solely upon the |
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| 1 | | certification of delinquency made by the Department of | 2 | | Healthcare and Family Services. | 3 | | (f) (Blank). In enforcing this Section, the Department or | 4 | | Board upon a showing of a possible violation may compel a | 5 | | licensee or an individual licensed to practice under this Act, | 6 | | or who has applied for licensure under this Act, to submit to a | 7 | | mental or physical examination, or both, as required by and at | 8 | | the expense of the Department. The Department or Board may | 9 | | order the examining physician to present testimony concerning | 10 | | the mental or physical examination of the licensee or | 11 | | applicant. No information shall be excluded by reason of any | 12 | | common law or statutory privilege relating to communications | 13 | | between the licensee or applicant and the examining physician. | 14 | | The examining physicians shall be specifically designated by | 15 | | the Board or Department. The individual to be examined may | 16 | | have, at his or her own expense, another physician of his or | 17 | | her choice present during all aspects of this examination. | 18 | | Failure of an individual to submit to a mental or physical | 19 | | examination, when directed, shall be grounds for suspension of | 20 | | his or her license or denial of his or her application or | 21 | | renewal until the individual submits to the examination if the | 22 | | Department finds, after notice and hearing, that the refusal | 23 | | to submit to the examination was without reasonable cause.
| 24 | | If the Department or Board finds an individual unable to | 25 | | practice because of the reasons set forth in this Section, the | 26 | | Department or Board may require that individual to submit to |
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| 1 | | care, counseling, or treatment by physicians approved or | 2 | | designated by the Department or Board, as a condition, term, | 3 | | or restriction for continued, reinstated, or renewed licensure | 4 | | to practice; or, in lieu of care, counseling, or treatment, | 5 | | the Department may file, or the Board may recommend to the | 6 | | Department to file, a complaint to immediately suspend, | 7 | | revoke, deny, or otherwise discipline the license of the | 8 | | individual. An individual whose license was granted, | 9 | | continued, reinstated, renewed, disciplined or supervised | 10 | | subject to such terms, conditions, or restrictions, and who | 11 | | fails to comply with such terms, conditions, or restrictions, | 12 | | shall be referred to the Secretary for a determination as to | 13 | | whether the individual shall have his or her license suspended | 14 | | immediately, pending a hearing by the Department. | 15 | | In instances in which the Secretary immediately suspends a | 16 | | person's license under this Section, a hearing on that | 17 | | person's license must be convened by the Department within 30 | 18 | | days after the suspension and completed without appreciable | 19 | | delay. The Department and Board shall have the authority to | 20 | | review the subject individual's record of treatment and | 21 | | counseling regarding the impairment to the extent permitted by | 22 | | applicable federal statutes and regulations safeguarding the | 23 | | confidentiality of medical records. | 24 | | An individual licensed under this Act and affected under | 25 | | this Section shall be afforded an opportunity to demonstrate | 26 | | to the Department or Board that he or she can resume practice |
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| 1 | | in compliance with acceptable and prevailing standards under | 2 | | the provisions of his or her license.
| 3 | | (Source: P.A. 100-872, eff. 8-14-18 .) | 4 | | (225 ILCS 427/85.1 new) | 5 | | Sec. 85.1. Citations. | 6 | | (a) The Department may adopt rules to permit the issuance | 7 | | of citations to any licensee for failure to comply with the | 8 | | continuing education requirements set forth in this Act or as | 9 | | established by rule. The citation shall be issued to the | 10 | | licensee and a copy sent to the licensee's designated | 11 | | community association manager, and shall contain the | 12 | | licensee's name, the licensee's address, the licensee's | 13 | | license number, the number of required hours of continuing | 14 | | education that have not been successfully completed by the | 15 | | licensee within the renewal period, and the penalty imposed, | 16 | | which shall not exceed $2,000. The issuance of any such | 17 | | citation shall not excuse the licensee from completing all | 18 | | continuing education required for that renewal period. | 19 | | (b) Service of a citation shall be made in person, | 20 | | electronically, or by mail to the licensee at the licensee's | 21 | | address of record or email address of record, and the citation | 22 | | must clearly state that if the cited licensee wishes to | 23 | | dispute the citation, the cited licensee may make a written | 24 | | request, within 30 days after the citation is served, for a | 25 | | hearing before the Department. If the cited licensee does not |
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| 1 | | request a hearing within 30 days after the citation is served, | 2 | | then the citation shall become a final, non-disciplinary | 3 | | order, and any fine imposed is due and payable within 60 days | 4 | | after that final order. If the cited licensee requests a | 5 | | hearing within 30 days after the citation is served, the | 6 | | Department shall afford the cited licensee a hearing conducted | 7 | | in the same manner as a hearing provided for in this Act for | 8 | | any violation of this Act and shall determine whether the | 9 | | cited licensee committed the violation as charged and whether | 10 | | the fine as levied is warranted. If the violation is found, any | 11 | | fine shall constitute non-public discipline and be due and | 12 | | payable within 30 days after the order of the Secretary, which | 13 | | shall constitute a final order of the Department. No change in | 14 | | license status may be made by the Department until a final | 15 | | order of the Department has been issued. | 16 | | (c) Payment of a fine that has been assessed pursuant to | 17 | | this Section shall not constitute disciplinary action | 18 | | reportable on the Department's website or elsewhere unless a | 19 | | licensee has previously received 2 or more citations and been | 20 | | assessed 2 or more fines. | 21 | | (d) Nothing in this Section shall prohibit or limit the | 22 | | Department from taking further action pursuant to this Act and | 23 | | rules for additional, repeated, or continuing violations. | 24 | | (225 ILCS 427/86 new) | 25 | | Sec. 86. Illegal discrimination.
When there has been an |
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| 1 | | adjudication in a civil or criminal proceeding that a | 2 | | community association manager or community association | 3 | | management firm has illegally discriminated while engaged in | 4 | | any activity for which a license is required under this Act, | 5 | | the Department, upon the recommendation of the Board as to the | 6 | | extent of the suspension or revocation, shall suspend or | 7 | | revoke the license of that licensee in a timely manner, unless | 8 | | the adjudication is in the appeal process. When there has been | 9 | | an order in an administrative proceeding finding that a | 10 | | licensee has illegally discriminated while engaged in any | 11 | | activity for which a license is required under this Act, the | 12 | | Department, upon recommendation of the Board as to the nature | 13 | | and extent of the discipline, shall take one or more of the | 14 | | disciplinary actions provided for in Section 85 in a timely | 15 | | manner, unless the administrative order is in the appeal | 16 | | process. | 17 | | (225 ILCS 427/90)
| 18 | | (Section scheduled to be repealed on January 1, 2022) | 19 | | Sec. 90. Violations; injunctions; cease and desist orders. | 20 | | (a) If any person violates a provision of this Act, the | 21 | | Secretary may, in the name of the People of the State of | 22 | | Illinois, through the Attorney General of the State of | 23 | | Illinois, petition for an order enjoining the violation or for | 24 | | an order enforcing compliance with this Act. Upon the filing | 25 | | of a verified petition in court, the court may issue a |
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| 1 | | temporary restraining order, without notice or bond, and may | 2 | | preliminarily and permanently enjoin the violation. If it is | 3 | | established that the person has violated or is violating the | 4 | | injunction, the Court may punish the offender for contempt of | 5 | | court. Proceedings under this Section are in addition to, and | 6 | | not in lieu of, all other remedies and penalties provided by | 7 | | this Act. | 8 | | (b) If any person provides , entity or other business may | 9 | | provide community association management services or provides | 10 | | provide services as a community association manager to any | 11 | | community association in this State without having a valid | 12 | | license under this Act or, in the case of a community | 13 | | association management firm, without a designated community | 14 | | association manager , then any licensee, any interested party , | 15 | | or any person injured thereby may, in addition to the | 16 | | Secretary, petition for relief as provided in subsection (a) | 17 | | of this Section. | 18 | | (c) Whenever in the opinion of the Department any person, | 19 | | entity or other business violates any provision of this Act, | 20 | | the Department may issue a rule to show cause why an order to | 21 | | cease and desist should not be entered against such person, | 22 | | firm or other entity. The rule shall clearly set forth the | 23 | | grounds relied upon by the Department and shall provide a | 24 | | period of at least 7 days from the date of the rule to file an | 25 | | answer to the satisfaction of the Department. If the person, | 26 | | firm or other entity fails to file an answer satisfactory to |
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| 1 | | the Department, the matter shall be considered as a default | 2 | | and the Department may cause an order to cease and desist to be | 3 | | issued immediately.
| 4 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 5 | | (225 ILCS 427/92)
| 6 | | (Section scheduled to be repealed on January 1, 2022) | 7 | | Sec. 92. Unlicensed practice; violation; civil penalty. | 8 | | (a) Any person, entity or other business who practices, | 9 | | offers to practice, attempts to practice, or holds oneself | 10 | | himself, herself or itself out to practice as a community | 11 | | association manager or community association management firm | 12 | | or provides provide services as a community association | 13 | | manager or community association management firm to any | 14 | | community association in this State without being licensed | 15 | | under this Act or, in the case of a community association | 16 | | management firm, without a designated community association | 17 | | manager shall, in addition to any other penalty provided by | 18 | | law, pay a civil penalty to the Department in an amount not to | 19 | | exceed $10,000 for each offense, as determined by the | 20 | | Department. The civil penalty shall be assessed by the | 21 | | Department after a hearing is held in accordance with the | 22 | | provisions set forth in this Act regarding the provision of a | 23 | | hearing for the discipline of a licensee. | 24 | | (b) The Department may investigate any and all unlicensed | 25 | | activity. |
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| 1 | | (c) The civil penalty shall be paid within 60 days after | 2 | | the effective date of the order imposing the civil penalty. | 3 | | The order shall constitute a judgment and may be filed and | 4 | | execution had thereon in the same manner as any judgment from | 5 | | any court of record.
| 6 | | (Source: P.A. 98-365, eff. 1-1-14 .) | 7 | | (225 ILCS 427/95)
| 8 | | (Section scheduled to be repealed on January 1, 2022) | 9 | | Sec. 95. Investigation; notice and hearing. The | 10 | | Department may investigate the actions or qualifications of a | 11 | | person, entity or other business applying for, holding or | 12 | | claiming to hold , or holding oneself out as having a license or | 13 | | rendering or offering to render services for which a license | 14 | | is required by this Act and may notify their designated | 15 | | community association manager, if any, of the pending | 16 | | investigation . Before suspending, revoking, placing on | 17 | | probationary status, or taking any other disciplinary action | 18 | | as the Department may deem proper with regard to any license, | 19 | | at least 30 days before the date set for the hearing, the | 20 | | Department shall (i) notify the accused and their designated | 21 | | community association manager, if any, in writing of any | 22 | | charges made and the time and place for a hearing on the | 23 | | charges before the Board, (ii) direct the accused individual | 24 | | or entity to file a written answer to the charges with the | 25 | | Board under oath within 20 days after the service on the |
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| 1 | | accused him or her of such notice, and (iii) inform the accused | 2 | | person, entity or other business that if the accused the | 3 | | person, entity, or other business fails to file an answer, | 4 | | default will be taken against the accused such person, entity, | 5 | | or other business and the license of the accused such person, | 6 | | entity, or other business may be suspended, revoked, placed on | 7 | | probationary status, or other disciplinary action taken with | 8 | | regard to the license, including limiting the scope, nature, | 9 | | or extent of related his or her practice, as the Department may | 10 | | deem proper. The Department shall serve notice under this | 11 | | Section by regular or electronic Written notice may be served | 12 | | by personal delivery or by registered or certified mail to the | 13 | | applicant's or licensee's applicant or licensee at his or her | 14 | | last address of record or email address of record as provided | 15 | | to with the Department. If the accused In case the person fails | 16 | | to file an answer after receiving notice, the his or her | 17 | | license may, in the discretion of the Department, be | 18 | | suspended, revoked, or placed on probationary status, or the | 19 | | Department may take whatever disciplinary action deemed | 20 | | proper, including limiting the scope, nature, or extent of the | 21 | | person's practice or the imposition of a fine, without a | 22 | | hearing, if the act or acts charged constitute sufficient | 23 | | grounds for such action under this Act. The written answer | 24 | | shall be served by personal delivery or regular , certified | 25 | | delivery, or certified or registered mail to the Department. | 26 | | At the time and place fixed in the notice, the Department shall |
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| 1 | | proceed to hear the charges and the parties or their counsel | 2 | | shall be accorded ample opportunity to present such | 3 | | statements, testimony, evidence, and argument as may be | 4 | | pertinent to the charges or to the defense thereto. The | 5 | | Department may continue such hearing from time to time. At the | 6 | | discretion of the Secretary after having first received the | 7 | | recommendation of the Board, the accused person's license may | 8 | | be suspended , or revoked , or placed on probationary status or | 9 | | the Department may take whatever disciplinary action | 10 | | considered proper, including limiting the scope, nature, or | 11 | | extent of the person's practice or the imposition of a fine if | 12 | | the act or acts charged constitute sufficient grounds for that | 13 | | action under this Act. A copy of the Department's final order | 14 | | shall be delivered to the accused's designated community | 15 | | association manager or, if the accused is directly employed by | 16 | | a community association, to the board of managers of that | 17 | | association if known to the Department , if the evidence | 18 | | constitutes sufficient grounds for such action under this Act .
| 19 | | (Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11 .) | 20 | | (225 ILCS 427/115)
| 21 | | (Section scheduled to be repealed on January 1, 2022) | 22 | | Sec. 115. Rehearing. At the conclusion of a hearing and | 23 | | following deliberation by the Board, a copy of the Board's | 24 | | report shall be served upon the applicant, licensee, or | 25 | | unlicensed person by the Department, either personally or as |
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| 1 | | provided in this Act for the service of a notice of hearing. In | 2 | | any hearing involving disciplinary action against a licensee, | 3 | | a copy of the Board's report shall be served upon the | 4 | | respondent by the Department, either personally or as provided | 5 | | in this Act for the service of the notice of hearing. Within 20 | 6 | | calendar days after service, the respondent may present to the | 7 | | Department a motion in writing for a rehearing that shall | 8 | | specify the particular grounds for rehearing. If no motion for | 9 | | rehearing is filed, then upon the expiration of the time | 10 | | specified for filing a motion, or if a motion for rehearing is | 11 | | denied, then upon denial, the Secretary may enter an order in | 12 | | accordance with recommendations of the Board, except as | 13 | | provided in this Act. If the respondent orders from the | 14 | | reporting service, and pays for, a transcript of the record | 15 | | within the time for filing a motion for rehearing, the 20 | 16 | | calendar day period within which a motion may be filed shall | 17 | | commence upon the delivery of the transcript to the | 18 | | respondent.
| 19 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 20 | | (225 ILCS 427/120)
| 21 | | (Section scheduled to be repealed on January 1, 2022) | 22 | | Sec. 120. Appointment of a hearing officer. The Secretary | 23 | | has the authority to appoint any attorney duly licensed to | 24 | | practice law in the State of Illinois to serve as the hearing | 25 | | officer in any action for refusal to issue or renew a license, |
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| 1 | | or to discipline a licensee. The hearing officer has full | 2 | | authority to conduct the hearing. The hearing officer shall | 3 | | report the his findings and recommendations to the Board and | 4 | | the Secretary. At its next meeting following The Board has 60 | 5 | | calendar days from receipt of the report , the Board shall to | 6 | | review the report of the hearing officer and present its | 7 | | findings of fact, conclusions of law , and recommendations to | 8 | | the Secretary. | 9 | | If the Board fails to present its report within 30 | 10 | | calendar days following its next meeting after receiving the | 11 | | report within the 60 calendar day period , the respondent may | 12 | | request in writing a direct appeal to the Secretary, in which | 13 | | case the Secretary shall, within 7 calendar days after the | 14 | | request, issue an order directing the Board to issue its | 15 | | findings of fact, conclusions of law, and recommendations to | 16 | | the Secretary within 30 calendar days after such order. | 17 | | If the Board fails to issue its findings of fact, | 18 | | conclusions of law, and recommendations within that time frame | 19 | | to the Secretary after the entry of such order, the Secretary | 20 | | shall, within 30 calendar days thereafter, issue an order | 21 | | based upon the report of the hearing officer and the record of | 22 | | the proceedings or issue an order remanding the matter back to | 23 | | the hearing officer for additional proceedings in accordance | 24 | | with the order. | 25 | | If (i) a direct appeal is requested, (ii) the Board fails | 26 | | to issue its findings of fact, conclusions of law, and |
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| 1 | | recommendations within the 30-day mandate from the Secretary | 2 | | or the Secretary fails to order the Board to do so, and (iii) | 3 | | the Secretary fails to issue an order within 30 calendar days | 4 | | thereafter, then the hearing officer's report is deemed | 5 | | accepted and a final decision of the Secretary. | 6 | | Notwithstanding any other provision of this Section, if | 7 | | the Secretary, upon review, determines that substantial | 8 | | justice has not been done in the revocation, suspension, or | 9 | | refusal to issue or renew a license or other disciplinary | 10 | | action taken as the result of the entry of the hearing | 11 | | officer's report, the Secretary may order a rehearing by the | 12 | | same or other examiners. If the Secretary disagrees with the | 13 | | recommendation of the Board or the hearing officer, the | 14 | | Secretary may issue an order in contravention of either | 15 | | recommendation.
| 16 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 17 | | (225 ILCS 427/140)
| 18 | | (Section scheduled to be repealed on January 1, 2022) | 19 | | Sec. 140. Summary suspension. The Secretary may summarily | 20 | | suspend a license without a hearing, simultaneously with the | 21 | | institution of proceedings for a hearing provided for in this | 22 | | Act, if the Secretary finds that evidence indicating in his or | 23 | | her possession indicates that a continuation in practice would | 24 | | constitute an imminent danger to the public. In the event that | 25 | | the Secretary summarily suspends a license without a hearing, |
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| 1 | | a hearing by the Department must be held within 30 calendar | 2 | | days after the suspension has occurred.
| 3 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 4 | | (225 ILCS 427/145)
| 5 | | (Section scheduled to be repealed on January 1, 2022) | 6 | | Sec. 145. Judicial review. All final administrative | 7 | | decisions of the Department are subject to judicial review | 8 | | under the Administrative Review Law and its rules. The term | 9 | | "administrative decision" is defined as in Section 3-101 of | 10 | | the Code of Civil Procedure. Proceedings for judicial review | 11 | | shall be commenced in the circuit court of the county in which | 12 | | the party applying for review resides; but if the party is not | 13 | | a resident of this State, the venue shall be in Sangamon County | 14 | | or Cook County .
| 15 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 16 | | (225 ILCS 427/155)
| 17 | | (Section scheduled to be repealed on January 1, 2022) | 18 | | Sec. 155. Violations; penalties. | 19 | | (a) A person who violates any of the following provisions | 20 | | shall be guilty of a Class A misdemeanor; a person who commits | 21 | | a second or subsequent violation of these provisions is guilty | 22 | | of a Class 4 felony: | 23 | | (1) Practicing or attempting to The practice of or | 24 | | attempted practice of or holding oneself out as available |
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| 1 | | to practice as a community association manager or | 2 | | supervising community association manager without a | 3 | | license. | 4 | | (2) Operating or attempting Operation of or attempt to | 5 | | operate a community association management firm without a | 6 | | firm license or a designated supervising community | 7 | | association manager. | 8 | | (3) Obtaining or attempting The obtaining of or the | 9 | | attempt to obtain any license or authorization issued | 10 | | under this Act by fraudulent misrepresentation. | 11 | | (b) Whenever a licensee is convicted of a felony related | 12 | | to the violations set forth in this Section, the clerk of the | 13 | | court in any jurisdiction shall promptly report the conviction | 14 | | to the Department and the Department shall immediately revoke | 15 | | any license authorized under this Act held by that licensee. | 16 | | The licensee shall not be eligible for licensure under this | 17 | | Act until at least 5 years have elapsed since a felony | 18 | | conviction or 3 years since release from confinement for the | 19 | | conviction, whichever is later, without a subsequent 10 years | 20 | | have elapsed since the time of full discharge from any | 21 | | sentence imposed for a felony conviction. If any person in | 22 | | making any oath or affidavit required by this Act swears | 23 | | falsely, the person is guilty of perjury and may be punished | 24 | | accordingly.
| 25 | | (Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15 .) |
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| 1 | | (225 ILCS 427/161 new) | 2 | | Sec. 161. Statute of limitations. No action may be taken | 3 | | under this Act against a person or entity licensed under this | 4 | | Act unless the action is commenced within 5 years after the | 5 | | occurrence of the alleged violation. A continuing violation is | 6 | | deemed to have occurred on the date when the circumstances | 7 | | last existed that gave rise to the alleged continuing | 8 | | violation. | 9 | | (225 ILCS 427/162 new) | 10 | | Sec. 162. No private right of action. Except as otherwise | 11 | | expressly provided for in this Act, nothing in this Act shall | 12 | | be construed to grant to any person a private right of action | 13 | | to enforce the provisions of this Act or the rules adopted | 14 | | under this Act. | 15 | | (225 ILCS 427/165)
| 16 | | (Section scheduled to be repealed on January 1, 2022) | 17 | | Sec. 165. Home rule. The regulation and licensing of | 18 | | community association managers , supervising community | 19 | | association managers, and community association management | 20 | | firms are exclusive powers and functions of the State. A home | 21 | | rule unit may not regulate or license community association | 22 | | managers , supervising community association managers, or | 23 | | community association management firms. This Section is a | 24 | | denial and limitation of home rule powers and functions under |
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| 1 | | subsection (h) of Section 6 of Article VII of the Illinois | 2 | | Constitution.
| 3 | | (Source: P.A. 98-365, eff. 1-1-14 .) | 4 | | (225 ILCS 427/42 rep.) | 5 | | (225 ILCS 427/80 rep.) | 6 | | (225 ILCS 427/135 rep.) | 7 | | (225 ILCS 427/170 rep.) | 8 | | Section 15. The Community Association Manager Licensing | 9 | | and Disciplinary Act is amended by repealing Sections 42, 80, | 10 | | 135, and 170.
| 11 | | Section 99. Effective date. This Act takes effect January | 12 | | 1, 2022, except that this Section and Section 5 take effect | 13 | | upon becoming law.".
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