Illinois General Assembly - Full Text of HB5167
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Full Text of HB5167  102nd General Assembly

HB5167ham001 102ND GENERAL ASSEMBLY

Rep. Kathleen Willis

Filed: 2/9/2022

 

 


 

 


 
10200HB5167ham001LRB102 25439 AMQ 35993 a

1
AMENDMENT TO HOUSE BILL 5167

2    AMENDMENT NO. ______. Amend House Bill 5167 as follows:
 
3on page 28, by replacing lines 16 through 22 with "community
4association policy. If the fidelity insurance is not secured
5and paid for by the association, the community association
6manager or the community association management firm that
7secures and pays for the insurance shall provide a current
8certificate of fidelity insurance to the community association
9for which it provides community association management
10services within 10 days of a request for such certificate by
11the community association for its records."; and
 
12by replacing line 26 on page 28 through line 3 on page 29 with
13"accounts for each community association. The funds shall not,
14in any event, be commingled with the supervising community
15association manager's or community association management
16firm's funds. The funds shall not, in any event, be

 

 

10200HB5167ham001- 2 -LRB102 25439 AMQ 35993 a

1commingled"; and
 
2on page 29, by replacing lines 15 through 21 with "association
3management firm. The community association manager or the
4community association management firm shall provide a current
5certificate of general liability and errors and omissions
6insurance to the community association for which it provides
7community association management services within 10 days of a
8request for such certificate by the community association for
9its records."; and
 
10on page 30, by deleting lines 1 and 2; and
 
11on page 30, line 17, by replacing "by" with "by"; and
 
12on page 63, line 3, by replacing "his or her" with "the his or
13her"; and
 
14on page 64, line 6, by replacing "his or her" with "the
15broker's his or her"; and
 
16on page 104, line 21, after "5-25,", by inserting "15-15"; and
 
17on page 115, immediately below line 26, by inserting the
18following:
 

 

 

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1    "(225 ILCS 458/15-15)
2    (Section scheduled to be repealed on January 1, 2027)
3    Sec. 15-15. Investigation; notice; hearing.
4    (a) Upon the motion of the Department or the Board or upon
5a complaint in writing of a person setting forth facts that, if
6proven, would constitute grounds for suspension, revocation,
7or other disciplinary action against a licensee or applicant
8for licensure, the Department shall investigate the actions of
9the licensee or applicant. If, upon investigation, the
10Department believes that there may be cause for suspension,
11revocation, or other disciplinary action, the Department shall
12use the services of a State certified general real estate
13appraiser, a State certified residential real estate
14appraiser, or the Real Estate Coordinator to assist in
15determining whether grounds for disciplinary action exist
16prior to commencing formal disciplinary proceedings.
17    (b) Formal disciplinary proceedings shall commence upon
18the issuance of a written complaint describing the charges
19that are the basis of the disciplinary action and delivery of
20the detailed complaint to the address of record of the
21licensee or applicant. For an associate real estate trainee
22appraiser, a copy shall also be sent to the licensee's
23supervising appraiser of record. The Department shall notify
24the licensee or applicant to file a verified written answer
25within 20 days after the service of the notice and complaint.
26The notification shall inform the licensee or applicant of the

 

 

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1right to be heard in person or by legal counsel; that the
2hearing will be afforded not sooner than 20 days after service
3of the complaint; that failure to file an answer will result in
4a default being entered against the licensee or applicant;
5that the license may be suspended, revoked, or placed on
6probationary status; and that other disciplinary action may be
7taken pursuant to this Act, including limiting the scope,
8nature, or extent of the licensee's practice. If the licensee
9or applicant fails to file an answer after service of notice,
10the respective license may, at the discretion of the
11Department, be suspended, revoked, or placed on probationary
12status and the Department may take whatever disciplinary
13action it deems proper, including limiting the scope, nature,
14or extent of the person's practice, without a hearing.
15    (c) At the time and place fixed in the notice, the Board
16shall conduct hearing of the charges, providing both the
17accused person and the complainant ample opportunity to
18present in person or by counsel such statements, testimony,
19evidence, and argument as may be pertinent to the charges or to
20a defense thereto.
21    (d) The Board shall present to the Secretary a written
22report of its findings of fact and recommendations. A copy of
23the report shall be served upon the licensee or applicant,
24either personally, by mail, or, at the discretion of the
25Department, by electronic means. For associate real estate
26trainee appraisers, a copy shall also be sent to the

 

 

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1licensee's supervising appraiser of record. Within 20 days
2after the service, the licensee or applicant may present the
3Secretary with a motion in writing for a rehearing and shall
4specify the particular grounds for the request. If the accused
5orders a transcript of the record as provided in this Act, the
6time elapsing thereafter and before the transcript is ready
7for delivery to the accused shall not be counted as part of the
820 days. If the Secretary is not satisfied that substantial
9justice has been done, the Secretary may order a rehearing by
10the Board or other special committee appointed by the
11Secretary, may remand the matter to the Board for its
12reconsideration of the matter based on the pleadings and
13evidence presented to the Board, or may enter a final order in
14contravention of the Board's recommendation. Notwithstanding a
15licensee's or applicant's failure to file a motion for
16rehearing, the Secretary shall have the right to take any of
17the actions specified in this subsection (d). Upon the
18suspension or revocation of a license, the licensee shall be
19required to surrender the respective license to the
20Department, and upon failure or refusal to do so, the
21Department shall have the right to seize the license.
22    (e) The Department has the power to issue subpoenas and
23subpoenas duces tecum to bring before it any person in this
24State, to take testimony, or to require production of any
25records relevant to an inquiry or hearing by the Board in the
26same manner as prescribed by law in judicial proceedings in

 

 

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1the courts of this State. In a case of refusal of a witness to
2attend, testify, or to produce books or papers concerning a
3matter upon which the witness might be lawfully examined, the
4circuit court of the county where the hearing is held, upon
5application of the Department or any party to the proceeding,
6may compel obedience by proceedings as for contempt.
7    (f) Any license that is revoked may not be restored for a
8minimum period of 3 years.
9    (g) In addition to the provisions of this Section
10concerning the conduct of hearings and the recommendations for
11discipline, the Department has the authority to negotiate
12disciplinary and non-disciplinary settlement agreements
13concerning any license issued under this Act. All such
14agreements shall be recorded as Consent Orders or Consent to
15Administrative Supervision Orders.
16    (h) The Secretary shall have the authority to appoint an
17attorney duly licensed to practice law in the State of
18Illinois to serve as the hearing officer in any action to
19suspend, revoke, or otherwise discipline any license issued by
20the Department. The Hearing Officer shall have full authority
21to conduct the hearing.
22    (i) The Department, at its expense, shall preserve a
23record of all formal hearings of any contested case involving
24the discipline of a license. At all hearings or pre-hearing
25conferences, the Department and the licensee shall be entitled
26to have the proceedings transcribed by a certified shorthand

 

 

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1reporter. A copy of the transcribed proceedings shall be made
2available to the licensee by the certified shorthand reporter
3upon payment of the prevailing contract copy rate.
4(Source: P.A. 102-20, eff. 1-1-22.)".