Full Text of HB2397 96th General Assembly
HB2397 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2397
Introduced 2/19/2009, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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Amends the Auction License Act. Provides that upon the effective date of this amendatory Act of the 96th General Assembly, any person who holds a valid license as an associate auctioneer shall be issued an auctioneer license without having to apply to the Department or pay any fee. Provides that upon receipt of such an auctioneer license, a licensee's associate auctioneer license shall no longer be valid. Eliminates the Auction Regulation Administration Fund, the Auction Education Fund, and the Auction Recovery Fund. Provides that all fees collected under this Act shall be deposited into the General Professions Dedicated Fund and appropriated to the Department for the ordinary and contingent expenses of the Department in the administration of this Act. Provides that the Department may investigate the actions of any applicant or person rendering or offering to render auction services, or holding or claiming to hold a license as a licensed auctioneer. In a provision concerning disciplinary hearings, provides that if the Secretary disagrees with the recommendations of the Board, the Secretary may issue an order in contravention of the Board recommendations. Provides that the Department may contract with third parties for services necessary for the proper administration of the Act. Makes certain changes to the responsibilities and powers of the Auction Advisory Board and the Secretary. Defines "address of record". Makes other changes. Effective immediately.
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A BILL FOR
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HB2397 |
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LRB096 08468 ASK 18587 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Auction License Act is amended by changing | 5 |
| Sections 5-10, 10-30, 10-35, 10-40, 10-45, 10-50, 15-5, 15-10, | 6 |
| 15-25, 20-5, 20-15, 20-40, 20-50, 20-55, 20-80, and 30-30 and | 7 |
| by adding Sections 10-15a, 20-43, 30-7 and 30-13 as follows:
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| (225 ILCS 407/5-10)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5-10. Definitions. As used in this Act:
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| "Advertisement" means any written, oral, or electronic | 12 |
| communication that
contains a promotion, inducement, or offer | 13 |
| to conduct an auction or offer to
provide an auction service, | 14 |
| including but not limited to brochures, pamphlets,
radio and | 15 |
| television scripts, telephone and direct mail solicitations,
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| electronic media, and other means of promotion.
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| "Advisory Board" means the Auctioneer Advisory Board.
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| "Associate auctioneer" means a person who conducts an | 19 |
| auction, but who is
under the direct supervision of, and is | 20 |
| sponsored by, a licensed auctioneer
or auction firm.
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| "Auction" means the sale or lease of property, real or | 22 |
| personal, by means
of exchanges between an auctioneer or | 23 |
| associate auctioneer and prospective
purchasers or lessees, |
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| which consists of a series of invitations for offers
made by | 2 |
| the auctioneer or associate auctioneer and offers by | 3 |
| prospective
purchasers or lessees for the purpose of obtaining | 4 |
| an acceptable offer for
the sale or lease of the property, | 5 |
| including the sale or lease of property
via mail, | 6 |
| telecommunications, or the Internet.
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| "Auction contract" means a written agreement between an | 8 |
| auctioneer ,
associate auctioneer, or auction firm and a seller | 9 |
| or sellers.
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| "Auction firm" means any corporation, partnership, or | 11 |
| limited liability
company that acts as an auctioneer and | 12 |
| provides an auction service.
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| "Auction school" means any educational institution, public | 14 |
| or private,
which offers a curriculum of auctioneer education | 15 |
| and training approved
by the Department.
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| "Auction service" means the service of arranging, | 17 |
| managing, advertising,
or conducting auctions.
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| "Auctioneer" means a person or entity who, for another, for | 19 |
| a fee,
compensation, commission, or any other valuable | 20 |
| consideration at auction or
with the intention or expectation | 21 |
| of receiving valuable consideration by the
means of or process | 22 |
| of an auction or sale at auction or providing an auction
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| service, offers, negotiates, or attempts to negotiate an | 24 |
| auction contract,
sale, purchase, or exchange of goods, | 25 |
| chattels, merchandise, personal property,
real property, or | 26 |
| any commodity that may be lawfully kept or offered for sale
by |
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| or at auction.
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| "Address of Record" means the designated address recorded | 3 |
| by the Department in the applicant's or licensee's application | 4 |
| file or license file maintained by the Department. It is the | 5 |
| duty of the applicant or licensee to inform the Department of | 6 |
| any change of address, and such changes must be made either | 7 |
| through the Department's website or by directly contacting the | 8 |
| Department. | 9 |
| "Department" means the Department of Financial and | 10 |
| Professional Regulation.
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| "Goods" means chattels, movable goods, merchandise, or | 12 |
| personal property or
commodities of any form or type that may | 13 |
| be lawfully kept or offered for sale.
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| "Licensee" means any person licensed under this Act.
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| "Managing auctioneer" means any person licensed as an | 16 |
| auctioneer who manages
and supervises licensees sponsored by an | 17 |
| auction firm or auctioneer.
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| "Person" means an individual, association, partnership, | 19 |
| corporation, or
limited liability company or the officers, | 20 |
| directors, or employees of the same.
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| "Pre-renewal period" means the 24 months prior to the | 22 |
| expiration date of a
license issued under this Act.
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| "Secretary" means the Secretary of the Department of | 24 |
| Financial and Professional Regulation or his or her designee.
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| "Sponsoring auctioneer" means the auctioneer or auction | 26 |
| firm who has issued a
sponsor card to a licensed associate |
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| auctioneer or auctioneer.
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| "Sponsor card" means the temporary permit issued by the
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| sponsoring auctioneer certifying that the licensee named | 4 |
| thereon is employed
by or associated with the sponsoring | 5 |
| auctioneer and the sponsoring auctioneer
shall be responsible | 6 |
| for the actions of the sponsored licensee.
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| (Source: P.A. 95-572, eff. 6-1-08 .)
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| (225 ILCS 407/10-15a new)
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| Sec. 10-15a. Associate auctioneer license; discontinuance. | 10 |
| (a) Upon the effective date of this amendatory Act of the | 11 |
| 96th General Assembly, the Department shall no longer issue or | 12 |
| renew any associate auctioneer license. | 13 |
| (b) Any person who holds a valid license as an associate | 14 |
| auctioneer on the effective date of this amendatory Act of the | 15 |
| 96th General Assembly shall be issued an auctioneer license | 16 |
| without having to apply to the Department or pay any fee. Such | 17 |
| licensee's previous record as an associate auctioneer, | 18 |
| including any past discipline imposed on him or her, shall be | 19 |
| become part of his or her auctioneer license record. The | 20 |
| expiration date of such licensee's auctioneer license shall be | 21 |
| the same as the expiration date of his or her associate | 22 |
| auctioneer license. | 23 |
| (c) Upon receipt of an auctioneer license issued by the | 24 |
| Department pursuant to this Section, a licensee's associate | 25 |
| auctioneer license shall no longer be valid.
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| (225 ILCS 407/10-30)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10-30. Expiration, renewal, and continuing education.
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| (a) License expiration dates, renewal periods, renewal | 5 |
| fees, and procedures for renewal of licenses issued under this | 6 |
| Act shall be set by rule of the Department. An entity may renew | 7 |
| its license by paying the required fee and by meeting the | 8 |
| renewal requirements adopted by the Department under this | 9 |
| Section.
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| (b) All renewal applicants must provide proof as determined | 11 |
| by the Department of having met the continuing education | 12 |
| requirements set forth by the Department by rule. At a minimum, | 13 |
| the rules shall require an applicant for renewal licensure as | 14 |
| an auctioneer or associate auctioneer to provide proof of the | 15 |
| completion of at least 12 hours of continuing education during | 16 |
| the pre-renewal period preceding the expiration date of the | 17 |
| license from schools approved by the Department, as established | 18 |
| by rule.
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| (c) The Department, in its discretion, may waive | 20 |
| enforcement of the continuing education requirements of this | 21 |
| Section and shall adopt rules defining the standards and | 22 |
| criteria for such waiver.
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| (d) (Blank).
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| (Source: P.A. 95-572, eff. 6-1-08 .)
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| (225 ILCS 407/10-35)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10-35. Completed 45-day permit sponsor card; | 4 |
| termination by
sponsoring
auctioneer;
inoperative status. | 5 |
| (a) No auctioneer or associate auctioneer shall conduct an | 6 |
| auction or
provide
an auction
service without being properly | 7 |
| sponsored by a licensed auctioneer or auction
firm.
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| (b) The sponsoring auctioneer or sponsoring auction firm | 9 |
| shall prepare upon
forms provided
by the Department and deliver | 10 |
| to each auctioneer or associate auctioneer employed by
or | 11 |
| associated with
the sponsoring auctioneer or sponsoring | 12 |
| auction firm a properly completed
duplicate 45-day permit
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| sponsor card certifying that the person whose name appears | 14 |
| thereon is in fact
employed by or
associated with said | 15 |
| sponsoring auctioneer or sponsoring auction firm. The
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| sponsoring auctioneer
or sponsoring auction firm shall send the | 17 |
| original 45-day permit sponsor card,
along with a valid
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| terminated license or other authorization as provided by rule | 19 |
| and the
appropriate fee, to the Department
within 24 hours | 20 |
| after the issuance of the sponsor card. It is a violation of
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| this Act for any sponsoring
auctioneer or sponsoring auction | 22 |
| firm to issue a sponsor card to any
auctioneer , associate | 23 |
| auctioneer,
or applicant, unless the auctioneer , associate | 24 |
| auctioneer, or applicant
presents in hand a valid
terminated | 25 |
| license or other authorization, as provided by rule.
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| (c) An auctioneer may be self-sponsored or may be sponsored |
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| by another
licensed auctioneer
or auction firm.
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| (d) (Blank). An associate auctioneer must be sponsored by a | 3 |
| licensed auctioneer or
auction firm.
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| (e) When an auctioneer or associate auctioneer terminates | 5 |
| his or her
employment
or
association with a sponsoring | 6 |
| auctioneer or sponsoring auction firm or the
employment or
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| association is terminated by the sponsoring auctioneer or | 8 |
| sponsoring auction
firm, the terminated
licensee shall obtain | 9 |
| from that sponsoring auctioneer or sponsoring auction
firm his | 10 |
| or her license
endorsed by the sponsoring auctioneer or | 11 |
| sponsoring auction firm indicating the
termination. The
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| terminating sponsoring auctioneer or sponsoring auction firm | 13 |
| shall send a copy
of the terminated
license within 5 days after | 14 |
| the termination to the Department or shall notify the | 15 |
| Department in writing of the
termination and explain why a copy | 16 |
| of the terminated license was not
surrendered.
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| (f) The license of any auctioneer or associate auctioneer | 18 |
| whose association
with a sponsoring
auctioneer or sponsoring | 19 |
| auction firm has terminated shall automatically become
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| inoperative
immediately upon such termination, unless the | 21 |
| terminated licensee accepts
employment or becomes
associated | 22 |
| with a new sponsoring auctioneer or sponsoring auction firm | 23 |
| pursuant
to subsection (g)
of this Section. An inoperative | 24 |
| licensee under this Act shall not conduct an
auction or provide
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| auction services while the license is in inoperative status.
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| (g) When a terminated or inoperative auctioneer or |
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| associate auctioneer
accepts employment
or becomes associated | 2 |
| with a new sponsoring auctioneer or sponsoring auction
firm, | 3 |
| the new
sponsoring auctioneer or sponsoring auction firm shall | 4 |
| send to the Department a
properly completed 45-day
permit | 5 |
| sponsor card, the terminated license, and the appropriate fee.
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| (Source: P.A. 95-572, eff. 6-1-08 .)
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| (225 ILCS 407/10-40)
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| (Section scheduled to be repealed on January 1, 2010) | 9 |
| Sec. 10-40. Restoration.
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| (a) A licensee whose license has lapsed or expired shall | 11 |
| have 2 years from
the
expiration date
to restore his or her | 12 |
| license without examination. The expired licensee shall
make | 13 |
| application to the Department on forms provided by the | 14 |
| Department, including a properly completed 45-day
permit | 15 |
| sponsor card,
provide evidence of successful completion of 12 | 16 |
| hours of approved continuing
education during the
period of | 17 |
| time the license had lapsed, and pay all lapsed fees and | 18 |
| penalties as
established by
administrative rule.
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| (b) Notwithstanding any other provisions of this Act to the | 20 |
| contrary, any
licensee whose
license under this Act has expired | 21 |
| is eligible to restore such license without
paying any lapsed | 22 |
| fees
and penalties provided that the license expired while the | 23 |
| licensee was:
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| (1) on active duty with the United States Army, United | 25 |
| States Marine Corps,
United
States Navy, United States Air |
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| Force, United States Coast Guard, the State
Militia called | 2 |
| into service
or training;
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| (2) engaged in training or education under the | 4 |
| supervision of the United
States
prior
to induction into | 5 |
| military service; or
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| (3) serving as an employee of the Department, while the | 7 |
| employee was required to
surrender his or her license due | 8 |
| to a possible conflict of interest.
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| A licensee shall be eligible to restore a license under the | 10 |
| provisions of
this subsection for a
period of 2 years following | 11 |
| the termination of the service, education, or
training by | 12 |
| providing a
properly completed application and 45-day permit | 13 |
| sponsor card, provided that
the termination was
by other than | 14 |
| dishonorable discharge and provided that the licensee | 15 |
| furnishes
the Department with an
affidavit specifying that the | 16 |
| licensee has been so engaged.
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| (c) At any time after the suspension, revocation, placement | 18 |
| on probationary
status, or other
disciplinary action taken | 19 |
| under this Act with reference to any license, the Department | 20 |
| may restore the
license to the licensee without examination | 21 |
| upon the order of the Secretary,
if the licensee
submits a | 22 |
| properly completed application and 45-day permit sponsor card, | 23 |
| pays
appropriate fees, and
otherwise complies with the | 24 |
| conditions of the order.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08 .)
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| (225 ILCS 407/10-45)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10-45. Nonresident auctioneer reciprocity.
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| (a) A person holding a license to engage in auctions issued | 5 |
| to him or her by
the proper
authority of a state, territory, or | 6 |
| possession of the United States of America
or the District of
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| Columbia that has licensing requirements equal to or | 8 |
| substantially equivalent
to the requirements
of this State and | 9 |
| that otherwise meets the requirements of this Act may obtain
a | 10 |
| license under this
Act without examination, provided:
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| (1) that the Department has entered into a valid | 12 |
| reciprocal agreement with the
proper
authority of the | 13 |
| state, territory, or possession of the United States of
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| America or the District of
Columbia from which the | 15 |
| nonresident applicant has a valid license;
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| (2) that the applicant provides the Department
with a | 17 |
| certificate of good
standing
from the
applicant's resident | 18 |
| state;
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| (3) that the applicant completes and submits an | 20 |
| application as provided by
the Department;
and
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| (4) that the applicant pays all applicable fees | 22 |
| required under this Act.
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| (b) A nonresident applicant shall file an irrevocable | 24 |
| consent with the Department
that actions may
be commenced | 25 |
| against the applicant or nonresident licensee in a court of
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| competent jurisdiction in
this State by the service of summons, |
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| process, or other pleading authorized by
the law upon the | 2 |
| Secretary. The consent shall stipulate and agree that service | 3 |
| of the
process, summons, or
pleading upon the Secretary shall | 4 |
| be taken and held in all courts to be
valid and binding as if
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| actual service had been made upon the applicant in Illinois. If | 6 |
| a summons,
process, or other pleading
is served upon the | 7 |
| Secretary, it shall be by duplicate copies, one of which
shall | 8 |
| be retained by
the Department and the other immediately | 9 |
| forwarded by certified or registered mail to
the last known
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| business address of the applicant or nonresident licensee | 11 |
| against whom the
summons, process, or other
pleading may be | 12 |
| directed.
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| (Source: P.A. 95-572, eff. 6-1-08 .)
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| (225 ILCS 407/10-50)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10-50. Fees ; disposition of funds . Fees shall be | 17 |
| determined by rule and shall be non-refundable.
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| (a) The Department shall establish by rule a schedule of | 19 |
| fees for the administration and maintenance of this Act. Such | 20 |
| fees shall be nonrefundable. | 21 |
| (b) All fees collected under this Act shall be deposited | 22 |
| into the General Professions Dedicated Fund and appropriated to | 23 |
| the Department for the ordinary and contingent expenses of the | 24 |
| Department in the administration of this Act. The Department | 25 |
| shall provide by administrative
rule for fees to be
collected |
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| from licensees and applicants to cover the statutory | 2 |
| requirements for
funding the
Auctioneer Recovery Fund. The | 3 |
| Department may also provide by administrative rule for
general | 4 |
| fees to
cover the reasonable expenses of carrying out other | 5 |
| functions and
responsibilities under this Act.
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| (Source: P.A. 95-572, eff. 6-1-08 .)
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| (225 ILCS 407/15-5)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 15-5. Representations. An auctioneer , associate | 10 |
| auctioneer, or
auction firm , or
the sponsored licensees, | 11 |
| agents, or employees of an auctioneer or auction firm,
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| conducting an auction
or providing an auction service shall | 13 |
| not:
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| (1) misrepresent a fact material to a purchaser's | 15 |
| decision to buy at or by
auction;
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| (2) predict specific or immediate increases in the | 17 |
| value of any item
offered
for sale
at auction; or
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| (3) materially misrepresent the qualities or | 19 |
| characteristics of any item
offered for sale
at auction.
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| (Source: P.A. 91-603, eff. 1-1-00.)
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| (225 ILCS 407/15-10)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 15-10. Auction contract. Any auctioneer , associate | 24 |
| auctioneer, or
auction firm shall
not conduct an auction or |
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| provide an auction service, unless the auctioneer ,
associate | 2 |
| auctioneer, or
auction firm enters into a written or oral | 3 |
| auction contract with the seller of
any
property at auction | 4 |
| prior to
the date of the auction. The agreement shall be signed | 5 |
| by the auctioneer ,
associate auctioneer, or
auction firm | 6 |
| conducting an auction or providing an auction service and the
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| seller or sellers, or the
legal agent of the seller or sellers | 8 |
| of the property to be offered at or by
auction, and shall | 9 |
| include, but
not be limited to the following disclosures:
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| (1) Licensees shall disclose:
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| (A) the name, license number, business address, | 12 |
| and phone number of the
auctioneer , associate | 13 |
| auctioneer, or auction firm conducting an auction or
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| providing an auction
service;
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| (B) the fee to be paid to the auctioneer , associate | 16 |
| auctioneer, or
auction
firm
for conducting an auction | 17 |
| or providing an auction service; and
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| (C) an estimate of the advertising costs that shall | 19 |
| be paid by the
seller or
sellers of property at auction | 20 |
| and a disclosure that, if the actual advertising
costs | 21 |
| exceeds 120% of
the estimated advertising cost, the | 22 |
| auctioneer , associate auctioneer, or
auction firm | 23 |
| shall pay the
advertising costs that exceed 120% of the | 24 |
| estimated advertising costs or shall
have the seller or
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| sellers agree in writing to pay for the actual | 26 |
| advertising costs in excess of
120% of the estimated
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| advertising costs.
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| (2) Sellers shall disclose:
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| (A) the name, address, and phone number of the | 4 |
| seller or sellers or the
legal
agent of the seller or | 5 |
| sellers of property to be sold at auction; and
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| (B) any mortgage, lien, or encumbrance of which the | 7 |
| seller has knowledge
on any property or goods to be | 8 |
| sold or leased at or by auction.
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| (Source: P.A. 91-603, eff. 1-1-00.)
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| (225 ILCS 407/15-25)
| 11 |
| (Section scheduled to be repealed on January 1, 2010)
| 12 |
| Sec. 15-25. Auction firm. No corporation, limited | 13 |
| liability company, or
partnership shall
be licensed without | 14 |
| being managed by a licensed auctioneer. The managing
auctioneer | 15 |
| of any
auction firm shall be responsible for the actions of all | 16 |
| licensed and
unlicensed employees, agents,
and representatives | 17 |
| of said auction firm while the firm is conducting an
auction or | 18 |
| providing an
auction service.
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| Whenever, in the opinion of the Department, a person | 20 |
| violates any provision of this Act, the Department may issue a | 21 |
| rule to show cause why an order to cease and desist should not | 22 |
| be entered against that person. The rule shall clearly set | 23 |
| forth the grounds relied upon by the Department and shall allow | 24 |
| the person at least 7 days from the date of the rule to file an | 25 |
| answer satisfactory to the Department. Failure to answer to the |
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| satisfaction of the Department shall cause an order to cease | 2 |
| and desist to be issued. | 3 |
| (Source: P.A. 91-603, eff. 1-1-00.)
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| (225 ILCS 407/20-5)
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| (Section scheduled to be repealed on January 1, 2010)
| 6 |
| Sec. 20-5. Unlicensed practice; civil penalty.
| 7 |
| (a) Any person who practices, offers to practice, attempts | 8 |
| to practice, or
holds oneself out to
practice as an auctioneer, | 9 |
| an associate auctioneer, an auction firm, or any
other licensee | 10 |
| under this
Act without being licensed under this Act shall, in | 11 |
| addition to any other
penalty provided by law,
pay a civil | 12 |
| penalty to the Department in an amount not to exceed $10,000 | 13 |
| for each offense as
determined by the Department. The civil | 14 |
| penalty fine shall be assessed by the Department
after a | 15 |
| hearing is held in
accordance with the
provisions set forth in | 16 |
| this Act regarding a hearing for the discipline of a
license.
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| (b) The Department has the authority and power to | 18 |
| investigate any and all
unlicensed
activity
pursuant to this | 19 |
| Act.
| 20 |
| (c) The civil penalty shall be paid within 60 days after | 21 |
| the effective date of
the
order imposing
the civil penalty. The | 22 |
| order shall constitute a judgment
and may be filed and
| 23 |
| execution had thereon
in the same manner from any court of | 24 |
| record.
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| (d) Conducting an auction or providing an auction service |
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| 1 |
| in Illinois
without
holding a valid
and current license under | 2 |
| this Act is declared to be adverse to the public
welfare, to | 3 |
| constitute a
public nuisance, and to cause irreparable harm to | 4 |
| the public welfare. The Secretary, the
Attorney General, the | 5 |
| State's Attorney of any county in the State, or any other
| 6 |
| person may maintain
an action in the name of the People of the | 7 |
| State of Illinois and may apply for
injunctive relief in any
| 8 |
| circuit court to enjoin the person or entity from engaging in | 9 |
| such practice.
| 10 |
| Upon the filing of a verified petition in a circuit court, | 11 |
| the court, if
satisfied by affidavit or
otherwise that the | 12 |
| person or entity has been engaged in the practice of
auctioning | 13 |
| without a valid and
current license, may enter a temporary | 14 |
| restraining order without notice or bond
enjoining the
| 15 |
| defendant from further practice. Only the showing of | 16 |
| non-licensure, by
affidavit or otherwise, is
necessary in order | 17 |
| for a temporary injunction to be issued. A copy of the
verified | 18 |
| complaint shall
be served upon the defendant and the | 19 |
| proceedings shall thereafter be conducted
as in other civil | 20 |
| cases
except as modified by this Section. If it is established | 21 |
| that the defendant
has been or is engaged in
unlawful practice, | 22 |
| the court may enter an order or judgment perpetually
enjoining | 23 |
| the defendant from
further practice. In all proceedings | 24 |
| hereunder, the court, in its discretion,
may apportion the | 25 |
| costs
among the parties interested in the action, including | 26 |
| cost of filing the
complaint, service of process,
witness fees |
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| and expenses, court reporter charges, and reasonable | 2 |
| attorneys'
fees. In case of violation
of any injunctive order | 3 |
| entered under the provisions of this Section, the court
may | 4 |
| summarily try and
punish the offender for contempt of court. | 5 |
| These injunction proceedings shall
be in addition to, and
not | 6 |
| in lieu of, all penalties and other remedies provided in this | 7 |
| Act.
| 8 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 9 |
| (225 ILCS 407/20-15)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 20-15. Disciplinary actions; grounds. The Department | 12 |
| may refuse to issue
or renew a
license, may place on probation | 13 |
| or administrative supervision, suspend, or
revoke any license | 14 |
| or may
reprimand or take other disciplinary or non-disciplinary | 15 |
| action as the Department may deem proper, including the | 16 |
| imposition of fines not to exceed $10,000 for each violation | 17 |
| upon anyone licensed under this Act for any of the following | 18 |
| reasons:
| 19 |
| (1) False or fraudulent representation or material | 20 |
| misstatement in
furnishing
information to the Department | 21 |
| in obtaining or seeking to obtain a license.
| 22 |
| (2) Violation of any provision of this Act or the rules | 23 |
| promulgated
pursuant
to this
Act.
| 24 |
| (3) Conviction of or entry of a plea of guilty or nolo | 25 |
| contendere to any crime that is a felony under the laws of |
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| the United States or any state or territory thereof, or | 2 |
| that is a misdemeanor , an essential element of which is | 3 |
| dishonesty ,
or
any crime that is directly related to the | 4 |
| practice of the profession. fraud, or
larceny, | 5 |
| embezzlement, or obtaining money, property, or credit by | 6 |
| false
pretenses or by means of
a confidence game, | 7 |
| conviction in this or another state of a crime that is a
| 8 |
| felony under the laws of
this State, or conviction of a | 9 |
| felony in a federal court.
| 10 |
| (4) Being adjudged to be a person under legal | 11 |
| disability or subject to
involuntary
admission or to meet | 12 |
| the standard for judicial admission as provided in the
| 13 |
| Mental Health and
Developmental Disabilities Code.
| 14 |
| (5) Discipline of a licensee by another state, the | 15 |
| District of Columbia, a
territory of
the United States, a | 16 |
| foreign nation, a governmental agency, or any other entity
| 17 |
| authorized to impose
discipline if at least one of the | 18 |
| grounds for that discipline is the same as or
the | 19 |
| equivalent to one of
the grounds for discipline set forth | 20 |
| in this Act or for failing to report to
the Department, | 21 |
| within 30 days,
any adverse final action taken against the | 22 |
| licensee by any other licensing
jurisdiction,
government | 23 |
| agency, law enforcement agency, or court, or liability for | 24 |
| conduct
that would constitute
grounds for action as set | 25 |
| forth in this Act.
| 26 |
| (6) Engaging in the practice of auctioneering, |
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| conducting an auction, or
providing an
auction service | 2 |
| without a license or after the license was expired, | 3 |
| revoked,
suspended, or terminated
or while the license was | 4 |
| inoperative.
| 5 |
| (7) Attempting to subvert or cheat on the auctioneer | 6 |
| exam or any
continuing
education exam, or aiding or | 7 |
| abetting another to do the same.
| 8 |
| (8) Directly or indirectly giving to or receiving from | 9 |
| a person, firm,
corporation,
partnership, or association a | 10 |
| fee, commission, rebate, or other form of
compensation for | 11 |
| professional
service not actually or personally rendered.
| 12 |
| (9) Making any substantial misrepresentation or | 13 |
| untruthful advertising.
| 14 |
| (10) Making any false promises of a character likely to | 15 |
| influence,
persuade,
or
induce.
| 16 |
| (11) Pursuing a continued and flagrant course of | 17 |
| misrepresentation or the
making of
false promises through a | 18 |
| licensee, agent, employee, advertising, or otherwise.
| 19 |
| (12) Any misleading or untruthful advertising, or | 20 |
| using any trade name or
insignia
of membership in any | 21 |
| auctioneer association or organization of which the
| 22 |
| licensee is not a member.
| 23 |
| (13) Commingling funds of others with his or her own | 24 |
| funds or failing to
keep
the
funds of others in an escrow | 25 |
| or trustee account.
| 26 |
| (14) Failure to account for, remit, or return any |
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| moneys, property, or
documents
coming into his or her | 2 |
| possession that belong to others, acquired through the
| 3 |
| practice of
auctioneering, conducting an auction, or | 4 |
| providing an auction service within 30
days of the written
| 5 |
| request from the owner of said moneys, property, or | 6 |
| documents.
| 7 |
| (15) Failure to maintain and deposit into a special | 8 |
| account, separate and
apart from
any personal or other | 9 |
| business accounts, all moneys belonging to others
| 10 |
| entrusted to a licensee while
acting as an auctioneer, | 11 |
| associate auctioneer, auction firm, or as a temporary
| 12 |
| custodian of the funds
of others.
| 13 |
| (16) Failure to make available to Department
personnel | 14 |
| during normal business
hours
all
escrow and trustee records | 15 |
| and related documents maintained in connection with
the | 16 |
| practice of
auctioneering, conducting an auction, or | 17 |
| providing an auction service within 24
hours after a | 18 |
| request
from Department personnel.
| 19 |
| (17) Making or filing false records or reports in his | 20 |
| or her practice,
including but not
limited to false records | 21 |
| or reports filed with State agencies.
| 22 |
| (18) Failing to voluntarily furnish copies of all | 23 |
| written instruments
prepared by the
auctioneer and signed | 24 |
| by all parties to all parties at the time of execution.
| 25 |
| (19) Failing to provide information within 30 days in | 26 |
| response to a
written
request
made by the Department.
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| (20) Engaging in any act that constitutes a violation | 2 |
| of Section 2-102,
3-103, or
3-105 of the Illinois Human | 3 |
| Rights Act.
| 4 |
| (21) Causing a payment from the Auction Recovery Fund.
| 5 |
| (22) Engaging in dishonorable, unethical, or | 6 |
| unprofessional conduct of a
character
likely to deceive, | 7 |
| defraud, or harm the public.
| 8 |
| (23) Offering or advertising real estate for sale or | 9 |
| lease at auction
without
a valid
broker or salesperson's | 10 |
| license under the Real Estate License Act of 1983, or
any | 11 |
| successor Act,
unless exempt from licensure under the terms | 12 |
| of the Real Estate License Act of 2001, or any
successor | 13 |
| Act.
| 14 |
| (24) Inability to practice the profession with | 15 |
| reasonable judgement, skill, or safety as a result of a | 16 |
| physical illness, including, but not limited to, | 17 |
| deterioration through the aging process or loss of motor | 18 |
| skill, or a mental illness or disability. Physical illness, | 19 |
| mental illness, or other impairment including without | 20 |
| limitation deterioration through the aging process, mental | 21 |
| illness, or disability that results in the inability to | 22 |
| practice the profession with reasonable judgment, skill, | 23 |
| and safety. | 24 |
| (25) A pattern of practice or other behavior that
| 25 |
| demonstrates incapacity or incompetence to practice under | 26 |
| this Act. |
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| (26) Being named as a perpetrator in an indicated
| 2 |
| report by the Department of Children and Family Services | 3 |
| under the Abused and Neglected Child Reporting Act and upon | 4 |
| proof by clear and convincing evidence that the licensee | 5 |
| has caused a child to be an abused child or a neglected | 6 |
| child as defined in the Abused and Neglected Child | 7 |
| Reporting Act. | 8 |
| (27) Inability to practice with reasonable judgement, | 9 |
| skill, or safety as a result of habitual or excessive use | 10 |
| or addiction to alcohol, narcotics, stimulants, or any | 11 |
| other chemical agent or drug. Habitual or excessive use or | 12 |
| addiction to
alcohol, narcotics, stimulants, or any other | 13 |
| chemical agent or drug that results in a licensee's | 14 |
| inability to practice with reasonable judgment, skill, or | 15 |
| safety. | 16 |
| (28) Wilfully failing to report an instance of
| 17 |
| suspected child abuse or neglect as required by the Abused | 18 |
| and Neglected Child Reporting Act. | 19 |
| The entry of an order by a circuit court establishing that | 20 |
| any person holding a license under this Act is subject to | 21 |
| involuntary admission or judicial admission, as provided for in | 22 |
| the Mental Health and Developmental Disabilities Code, | 23 |
| operates as an automatic suspension of that license. That | 24 |
| person may have his or her license restored only upon the | 25 |
| determination by a circuit court that the patient is no longer | 26 |
| subject to involuntary admission or judicial admission and the |
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| issuance of an order so finding and discharging the patient and | 2 |
| upon the Board's recommendation to the Department that the | 3 |
| license be restored. Where circumstances so indicate, the Board | 4 |
| may recommend to the Department that it require an examination | 5 |
| prior to restoring a suspended license. | 6 |
| If the Department or Board finds an individual unable to | 7 |
| practice because of the reasons set forth in this Section, the | 8 |
| Department or Board may require that individual to submit to | 9 |
| care, counseling, or treatment by physicians approved or | 10 |
| designated by the Department or Board, as a condition, term, or | 11 |
| restriction for continued, reinstated, or renewed licensure to | 12 |
| practice; or, in lieu of care, counseling, or treatment, the | 13 |
| Department may file, or the Board may recommend to the | 14 |
| Department to file, a complaint to immediately suspend, revoke, | 15 |
| or otherwise discipline the license of the individual. An | 16 |
| individual whose license was granted, continued, reinstated, | 17 |
| renewed, disciplined or supervised subject to such terms, | 18 |
| conditions, or restrictions, and who fails to comply with such | 19 |
| terms, conditions, or restrictions, shall be referred to the | 20 |
| Secretary for a determination as to whether the individual | 21 |
| shall have his or her license suspended immediately, pending a | 22 |
| hearing by the Department.
In instances in which the Secretary | 23 |
| immediately suspends a person's license under this Section, a | 24 |
| hearing on that person's license must be convened by the | 25 |
| Department within 21 days after the suspension and completed | 26 |
| without appreciable delay. The Department and Board shall have |
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| the authority to review the subject individual's record of | 2 |
| treatment and counseling regarding the impairment to the extent | 3 |
| permitted by applicable federal statutes and regulations | 4 |
| safeguarding the confidentiality of medical records. | 5 |
| An individual licensed under this Act and affected under | 6 |
| this Section shall be afforded an opportunity to demonstrate to | 7 |
| the Department or Board that he or she can resume practice in | 8 |
| compliance with acceptable and prevailing standards under the | 9 |
| provisions of his or her license. | 10 |
| In enforcing this Section, the Department or Board, upon a | 11 |
| showing of a possible violation, may compel an individual | 12 |
| licensed to practice under this Act, or who has applied for | 13 |
| licensure under this Act, to submit to a mental or physical | 14 |
| examination, or both, as required by and at the expense of the | 15 |
| Department. The Department or Board may order the examining | 16 |
| physician to present testimony concerning the mental or | 17 |
| physical examination of the licensee or applicant. No | 18 |
| information shall be excluded by reason of any common law or | 19 |
| statutory privilege relating to communications between the | 20 |
| licensee or applicant and the examining physician. The | 21 |
| examining physicians shall be specifically designated by the | 22 |
| Board or Department. The individual to be examined may have, at | 23 |
| his or her own expense, another physician of his or her choice | 24 |
| present during all aspects of this examination. Failure of an | 25 |
| individual to submit to a mental or physical examination when | 26 |
| directed shall be grounds for suspension of his or her license |
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| until the individual submits to the examination, if the | 2 |
| Department finds that, after notice and hearing, the refusal to | 3 |
| submit to the examination was without reasonable cause.
| 4 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 5 |
| (225 ILCS 407/20-40)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 20-40. Hearings; record of hearings.
| 8 |
| (a) The Department shall have the authority to conduct | 9 |
| hearings before the Advisory
Board
on
proceedings to revoke, | 10 |
| suspend, place on probation or administrative review,
| 11 |
| reprimand, or refuse
to issue or renew any license under this | 12 |
| Act or to impose a civil penalty not
to exceed $10,000 upon
any | 13 |
| licensee under this Act.
| 14 |
| (b) The Department, at its expense, shall preserve a record | 15 |
| of all proceedings at the formal hearing of any case. The | 16 |
| notice of hearing, complaint, all other documents in the nature | 17 |
| of pleadings, written motions filed in the proceedings, the | 18 |
| transcripts of testimony, the report of the Board, and orders | 19 |
| of the Department shall be in the record of the proceeding. The | 20 |
| Department shall furnish a transcript of such record to any | 21 |
| person interested in such hearing upon payment of the fee | 22 |
| required under Section 2105-115 of the Department of | 23 |
| Professional Regulation Law (20 ILCS 2105/2105-115). The | 24 |
| Department, at its expense, shall preserve a record of all | 25 |
| proceedings at the
formal hearing of
any case involving the |
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| discipline of any license under this Act. The notice of
| 2 |
| hearing, complaint and
all other documents in the nature of | 3 |
| pleadings and written motions filed in the
proceedings, the
| 4 |
| transcript of testimony, the report of the Board, and the order | 5 |
| of the Department shall
be the record of
proceeding. At all | 6 |
| hearings or prehearing conference, the Department and the | 7 |
| respondent
shall be entitled
to have a court reporter in | 8 |
| attendance for purposes of transcribing the
proceeding or | 9 |
| prehearing
conference.
| 10 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 11 |
| (225 ILCS 407/20-43 new)
| 12 |
| Sec. 20-43. Investigations; notice and hearing. The | 13 |
| Department may investigate the actions of any applicant or | 14 |
| person rendering or offering to render auction services, or | 15 |
| holding or claiming to hold a license as a licensed auctioneer. | 16 |
| At least 30 days before any disciplinary hearing under this | 17 |
| Act, the Department shall: (i) notify the accused in writing of | 18 |
| the charges made and the time and place of the hearing; (ii) | 19 |
| direct the accused to file with the Board a written answer | 20 |
| under oath to the charges within 20 days of receiving service | 21 |
| of the notice; and (iii) inform the accused that if he or she | 22 |
| fails to file an answer to the charges within 20 days of | 23 |
| receiving service of the notice, a default judgement may be | 24 |
| entered against him or her, or his or her license may be | 25 |
| suspended, revoked, placed on probationary status, or other |
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| disciplinary action taken with regard to the license as the | 2 |
| Department may consider proper, including, but not limited to, | 3 |
| limiting the scope, nature, or extent of the licensee's | 4 |
| practice, or imposing a fine. | 5 |
| At the time and place of the hearing fixed in the notice, | 6 |
| the Board shall proceed to hear the charges and the accused or | 7 |
| his or her counsel shall be accorded ample opportunity to | 8 |
| present any pertinent statements, testimony, evidence, and | 9 |
| arguments in his or her defense. The Board may continue the | 10 |
| hearing when it deems it appropriate. | 11 |
| Written notice of the hearing may be served by personal | 12 |
| delivery or by certified mail to the last known address of | 13 |
| record, unless specified as otherwise by the accused in his or | 14 |
| her last communication with the Department.
| 15 |
| (225 ILCS 407/20-50)
| 16 |
| (Section scheduled to be repealed on January 1, 2010)
| 17 |
| Sec. 20-50. Findings and recommendations. Board's findings | 18 |
| of fact, conclusions of law, and
recommendation to the | 19 |
| Secretary. At the conclusion of the hearing, the Board shall | 20 |
| present to the Secretary a written report of its findings of | 21 |
| fact, conclusions of law, and recommendations. The report shall | 22 |
| contain a finding whether or not the accused person violated | 23 |
| this Act or any rules promulgated pursuant to this Act. The | 24 |
| Board shall specify the nature of any violations and shall make | 25 |
| its recommendations to the Secretary. In making |
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| recommendations for any disciplinary action, the Board may take | 2 |
| into consideration all facts and circumstances bearing upon the | 3 |
| reasonableness of the conduct of the accused, including, but | 4 |
| not limited to, previous discipline of the accused by the | 5 |
| Department, intent, degree of harm to the public and likelihood | 6 |
| of future harm to the public, any restitution made by the | 7 |
| accused, and whether the incident or incidents contained in the | 8 |
| complaint appear to be isolated or represent a continuing | 9 |
| pattern of conduct. In making its recommendations for | 10 |
| discipline, the Board shall endeavor to ensure that the | 11 |
| severity of the discipline recommended is reasonably | 12 |
| proportional to the severity of the violation. | 13 |
| The report of the Board's findings of fact, conclusions of | 14 |
| law, and recommendations shall be the basis for the | 15 |
| Department's decision to refuse to issue, restore, or renew a | 16 |
| license, or to take any other disciplinary action. If the | 17 |
| Secretary disagrees with the recommendations of the Board, the | 18 |
| Secretary may issue an order in contravention of the Board | 19 |
| recommendations. The report's findings are not admissible in | 20 |
| evidence against the person in a criminal prosecution brought | 21 |
| for a violation of this Act, but the hearing and findings are | 22 |
| not a bar to a criminal prosecution for the violation of this | 23 |
| Act. At the conclusion of the hearing, the Advisory Board shall
| 24 |
| present to the Secretary a written report of its findings of | 25 |
| facts, conclusions of law, and
recommendations
regarding | 26 |
| discipline or a fine. The report shall contain a finding |
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| whether or
not the accused person
violated this Act or failed | 2 |
| to comply with the conditions required in this Act.
The | 3 |
| Advisory Board
shall specify the nature of the violation or | 4 |
| failure to comply and shall make
its recommendations to
the | 5 |
| Secretary.
| 6 |
| If the Secretary disagrees in any regard with the report of | 7 |
| the Advisory
Board, the Secretary
may issue an order in | 8 |
| contravention of the report. The Secretary shall provide
a | 9 |
| written report to the Advisory Board on any deviation and shall | 10 |
| specify with
particularity the
reasons for that action in the | 11 |
| final order.
| 12 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 13 |
| (225 ILCS 407/20-55)
| 14 |
| (Section scheduled to be repealed on January 1, 2010)
| 15 |
| Sec. 20-55. Appointment of a hearing officer. Motion for | 16 |
| rehearing; rehearing. The Secretary has the authority to | 17 |
| appoint any attorney licensed to practice law in the State of | 18 |
| Illinois to serve as the hearing officer in any action for | 19 |
| refusal to issue, restore, or renew a license or to discipline | 20 |
| a licensee. The hearing officer has full authority to conduct | 21 |
| the hearing. Any Board member may attend hearings. The hearing | 22 |
| officer shall report his or her findings of fact, conclusions | 23 |
| of law, and recommendations to the Board. The Board shall | 24 |
| review the report of the hearing officer and present its | 25 |
| findings of fact, conclusions of law, and recommendations to |
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|
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| the Secretary and to all parties to the proceedings. | 2 |
| If the Secretary disagrees with the recommendations of the | 3 |
| Board or hearing officer, the Secretary may issue an order in | 4 |
| contravention of the Board's recommendations. In any hearing | 5 |
| involving
the
discipline of
a license, a copy of the Advisory | 6 |
| Board's report shall be served upon the
respondent by the | 7 |
| Department, either
personally or as provided in this Act for | 8 |
| the service of the notice of hearing.
Within 20 calendar
days | 9 |
| after the service, the respondent may present to the Department | 10 |
| a motion in writing
for a rehearing,
which shall specify the | 11 |
| particular grounds for rehearing.
| 12 |
| If no motion for rehearing is filed, then upon the | 13 |
| expiration of the time
specified for filing
a motion, or if a | 14 |
| motion for rehearing is denied, then upon denial, the Secretary | 15 |
| may enter an
order in accordance with the recommendations of | 16 |
| the Advisory Board, except as
provided for in this
Act. If the | 17 |
| respondent orders a transcript of the record from the reporting
| 18 |
| service and pays for it
within the time for filing a motion for | 19 |
| rehearing, the 20 calendar day period
within which a motion
for | 20 |
| rehearing may be filed shall commence upon the delivery of the | 21 |
| transcript
to the respondent.
| 22 |
| Whenever the Secretary is not satisfied that substantial | 23 |
| justice has been
done in the hearing or
in the Advisory Board's | 24 |
| report, the Secretary may order a rehearing by the
same.
| 25 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
|
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| 1 |
| (225 ILCS 407/20-80)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 20-80. Summary suspension. The Secretary
may | 4 |
| temporarily suspend
any
license pursuant to this Act, without | 5 |
| hearing, simultaneously with the
institution of proceedings | 6 |
| for
a hearing provided for in this Act, if the Secretary finds | 7 |
| that the evidence
indicates that the
public interest, safety, | 8 |
| or welfare requires emergency action. In the event
that the | 9 |
| Secretary
temporarily suspends any license without a hearing, a | 10 |
| hearing shall be commenced held
within 30 calendar days
after | 11 |
| the suspension has begun. The suspended licensee may seek a | 12 |
| continuance
of the hearing
during which the suspension shall | 13 |
| remain in effect. The proceeding shall be
concluded without
| 14 |
| appreciable delay.
| 15 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 16 |
| (225 ILCS 407/30-7 new)
| 17 |
| Sec. 30-7. Department; powers and duties. The Department | 18 |
| shall exercise the powers and duties prescribed by the Civil | 19 |
| Administrative Code of Illinois for the administration of | 20 |
| licensing acts and shall exercise such other powers and duties | 21 |
| as are prescribed by this Act. The Department may contract with | 22 |
| third parties for services necessary for the proper | 23 |
| administration of this Act. | 24 |
| (225 ILCS 407/30-13 new)
|
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| Sec. 30-13. The General Professions Dedicated Fund. All of | 2 |
| the fees, fines, and penalties collected under this Act shall | 3 |
| be deposited into the General Professions Dedicated Fund. The | 4 |
| monies deposited into the General Professions Dedicated Fund | 5 |
| shall be used by the Department, as appropriated, for the | 6 |
| ordinary and contingent expenses of the Department. Monies in | 7 |
| the General Professions Dedicated Fund may be invested and | 8 |
| reinvested, with all earnings received from investments to be | 9 |
| deposited into that Fund and used for the same purposes as fees | 10 |
| deposited in that Fund.
| 11 |
| (225 ILCS 407/30-30)
| 12 |
| (Section scheduled to be repealed on January 1, 2010)
| 13 |
| Sec. 30-30. Auction Advisory Board.
| 14 |
| (a) There is hereby created the Auction Advisory Board. The | 15 |
| Advisory Board
shall consist
of 7 members and shall be | 16 |
| appointed by the Secretary. In making the
appointments, the | 17 |
| Secretary shall give due consideration to the recommendations | 18 |
| by members and
organizations
of the industry, including but not | 19 |
| limited to the Illinois State Auctioneers
Association. Five
| 20 |
| members of the Advisory Board shall be licensed auctioneers, | 21 |
| except that for
the initial
appointments, these members may be | 22 |
| persons without a license, but who have been
auctioneers for
at | 23 |
| least 5 years preceding their appointment to the Advisory | 24 |
| Board. One member
shall be a public
member who represents the | 25 |
| interests of consumers and who is not licensed under
this Act |
|
|
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| or the
spouse of a person licensed under this Act or who has | 2 |
| any responsibility for
management or
formation of policy of or | 3 |
| any financial interest in the auctioneering
profession or any | 4 |
| other
connection with the profession. One member shall be | 5 |
| actively engaged in the
real estate industry
and licensed as a | 6 |
| broker or salesperson. The Advisory Board shall annually elect | 7 |
| one of its members to serve as Chairperson.
| 8 |
| (b) Members shall be appointed for a term of 4 years, | 9 |
| except that of the
initial appointments,
3 members shall be | 10 |
| appointed to serve a term of 3 years and 4 members shall be
| 11 |
| appointed to serve
a term of 4 years. The Secretary shall fill | 12 |
| a
vacancy for the remainder
of any unexpired term. Each member | 13 |
| shall serve on the Advisory Board until his
or her successor
is | 14 |
| appointed and qualified. No person shall be appointed to serve | 15 |
| more than
2 terms, including
the unexpired portion of a term | 16 |
| due to vacancy. To the extent practicable, the Secretary
shall
| 17 |
| appoint members to insure that the various geographic regions | 18 |
| of the State are
properly represented
on the Advisory Board.
| 19 |
| (c) A majority of the Advisory Board members currently | 20 |
| appointed shall
constitute a
quorum. A vacancy in the | 21 |
| membership of the Advisory Board shall not impair the
right of | 22 |
| a quorum
to exercise all of the rights and perform all the | 23 |
| duties of the Board.
| 24 |
| (d) Each member of the Advisory Board shall receive a per | 25 |
| diem stipend in an
amount to be
determined by the Secretary. | 26 |
| Each member shall be paid his or her necessary
expenses while
|
|
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| 1 |
| engaged in the performance of his or her duties.
| 2 |
| (e) Members of the Advisory Board shall be immune from suit | 3 |
| in an action
based
upon any
disciplinary proceedings or other | 4 |
| acts performed in good faith as members of
the Advisory Board.
| 5 |
| (f) The Advisory Board shall meet monthly or as convened by | 6 |
| the Department Chairperson .
| 7 |
| (g) The Advisory Board shall advise the Department on | 8 |
| matters of licensing and
education and
make recommendations to | 9 |
| the Department on those matters and shall hear and make
| 10 |
| recommendations
to the Secretary on disciplinary matters that | 11 |
| require a formal evidentiary
hearing.
| 12 |
| (h) The Secretary shall give due consideration to all | 13 |
| recommendations of
the
Advisory
Board.
| 14 |
| (Source: P.A. 95-572, eff. 6-1-08 .)
| 15 |
| (225 ILCS 407/10-15 rep.)
| 16 |
| (225 ILCS 407/10-25 rep.)
| 17 |
| (225 ILCS 407/15-20 rep.)
| 18 |
| (225 ILCS 407/20-45 rep.)
| 19 |
| (225 ILCS 407/20-90 rep.)
| 20 |
| (225 ILCS 407/30-15 rep.)
| 21 |
| (225 ILCS 407/30-20 rep.)
| 22 |
| (225 ILCS 407/30-35 rep.)
| 23 |
| (225 ILCS 407/30-40 rep.)
| 24 |
| (225 ILCS 407/30-45 rep.)
| 25 |
| Section 10. The Auction License Act is amended by repealing |
|
|
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| 1 |
| Sections 10-15, 10-25, 15-20, 20-45, 20-90, 30-15, 30-20, | 2 |
| 30-35, 30-40 and 30-45.
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
|
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 407/5-10 |
|
| 4 |
| 225 ILCS 407/10-15a new |
|
| 5 |
| 225 ILCS 407/10-30 |
|
| 6 |
| 225 ILCS 407/10-35 |
|
| 7 |
| 225 ILCS 407/10-40 |
|
| 8 |
| 225 ILCS 407/10-45 |
|
| 9 |
| 225 ILCS 407/10-50 |
|
| 10 |
| 225 ILCS 407/15-5 |
|
| 11 |
| 225 ILCS 407/15-10 |
|
| 12 |
| 225 ILCS 407/15-25 |
|
| 13 |
| 225 ILCS 407/20-5 |
|
| 14 |
| 225 ILCS 407/20-15 |
|
| 15 |
| 225 ILCS 407/20-40 |
|
| 16 |
| 225 ILCS 407/20-43 new |
|
| 17 |
| 225 ILCS 407/20-50 |
|
| 18 |
| 225 ILCS 407/20-55 |
|
| 19 |
| 225 ILCS 407/20-80 |
|
| 20 |
| 225 ILCS 407/30-7 new |
|
| 21 |
| 225 ILCS 407/30-13 new |
|
| 22 |
| 225 ILCS 407/30-30 |
|
| 23 |
| 225 ILCS 407/10-15 rep. |
|
| 24 |
| 225 ILCS 407/10-25 rep. |
|
| 25 |
| 225 ILCS 407/15-20 rep. |
|
|
|
|
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| 1 |
| 225 ILCS 407/20-45 rep. |
|
| 2 |
| 225 ILCS 407/20-90 rep. |
|
| 3 |
| 225 ILCS 407/30-15 rep. |
|
| 4 |
| 225 ILCS 407/30-20 rep. |
|
| 5 |
| 225 ILCS 407/30-35 rep. |
|
| 6 |
| 225 ILCS 407/30-40 rep. |
|
| 7 |
| 225 ILCS 407/30-45 rep. |
|
| |
|