Full Text of SB3044 98th General Assembly
SB3044enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Real Estate License Act of 2000 is amended | 5 | | by changing Sections 1-10, 5-27, and 25-10 and by adding | 6 | | Section 10-45 as follows:
| 7 | | (225 ILCS 454/1-10)
| 8 | | (Section scheduled to be repealed on January 1, 2020)
| 9 | | Sec. 1-10. Definitions. In this Act, unless the context | 10 | | otherwise requires:
| 11 | | "Act" means the Real Estate License Act of 2000.
| 12 | | "Address of Record" means the designated address recorded | 13 | | by the Department in the applicant's or licensee's application | 14 | | file or license file as maintained by the Department's | 15 | | licensure maintenance unit. It is the duty of the applicant or | 16 | | licensee to inform the Department of any change of address, and | 17 | | those changes must be made either through the Department's | 18 | | website or by contacting the Department. | 19 | | "Advisory Council" means the Real Estate Education | 20 | | Advisory Council created
under Section 30-10 of this Act.
| 21 | | "Agency" means a relationship in which a real estate broker | 22 | | or licensee,
whether directly or through an affiliated | 23 | | licensee, represents a consumer by
the consumer's consent, |
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| 1 | | whether express or implied, in a real property
transaction.
| 2 | | "Applicant" means any person, as defined in this Section, | 3 | | who applies to
the Department for a valid license as a real | 4 | | estate broker, real estate salesperson, or
leasing agent.
| 5 | | "Blind advertisement" means any real estate advertisement | 6 | | that does not
include the sponsoring broker's business name and | 7 | | that is used by any licensee
regarding the sale or lease of | 8 | | real estate, including his or her own, licensed
activities, or | 9 | | the hiring of any licensee under this Act. The broker's
| 10 | | business name in the case of a franchise shall include the | 11 | | franchise
affiliation as well as the name of the individual | 12 | | firm.
| 13 | | "Board" means the Real Estate Administration and | 14 | | Disciplinary Board of the Department as created by Section | 15 | | 25-10 of this Act.
| 16 | | "Branch office" means a sponsoring broker's office other | 17 | | than the sponsoring
broker's principal office.
| 18 | | "Broker" means an individual, partnership, limited | 19 | | liability company,
corporation, or registered limited | 20 | | liability partnership other than a real
estate salesperson or | 21 | | leasing agent who, whether in person or through any media or | 22 | | technology, for another and for compensation, or
with the | 23 | | intention or expectation of receiving compensation, either
| 24 | | directly or indirectly:
| 25 | | (1) Sells, exchanges, purchases, rents, or leases real | 26 | | estate.
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| 1 | | (2) Offers to sell, exchange, purchase, rent, or lease | 2 | | real estate.
| 3 | | (3) Negotiates, offers, attempts, or agrees to | 4 | | negotiate the sale,
exchange, purchase, rental, or leasing | 5 | | of real estate.
| 6 | | (4) Lists, offers, attempts, or agrees to list real | 7 | | estate for sale,
lease, or exchange.
| 8 | | (5) Buys, sells, offers to buy or sell, or otherwise | 9 | | deals in options on
real estate or improvements thereon.
| 10 | | (6) Supervises the collection, offer, attempt, or | 11 | | agreement
to collect rent for the use of real estate.
| 12 | | (7) Advertises or represents himself or herself as | 13 | | being engaged in the
business of buying, selling, | 14 | | exchanging, renting, or leasing real estate.
| 15 | | (8) Assists or directs in procuring or referring of | 16 | | leads or prospects, intended to
result in the sale, | 17 | | exchange, lease, or rental of real estate.
| 18 | | (9) Assists or directs in the negotiation of any | 19 | | transaction intended to
result in the sale, exchange, | 20 | | lease, or rental of real estate.
| 21 | | (10) Opens real estate to the public for marketing | 22 | | purposes.
| 23 | | (11) Sells, leases, or offers for sale or lease real | 24 | | estate at
auction.
| 25 | | (12) Prepares or provides a broker price opinion or | 26 | | comparative market analysis as those terms are defined in |
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| 1 | | this Act, pursuant to the provisions of Section 10-45 of | 2 | | this Act. | 3 | | "Brokerage agreement" means a written or oral agreement | 4 | | between a sponsoring
broker and a consumer for licensed | 5 | | activities to be provided to a consumer in
return for | 6 | | compensation or the right to receive compensation from another.
| 7 | | Brokerage agreements may constitute either a bilateral or a | 8 | | unilateral
agreement between the broker and the broker's client | 9 | | depending upon the content
of the brokerage agreement. All | 10 | | exclusive brokerage agreements shall be in
writing.
| 11 | | "Broker price opinion" means an estimate or analysis of the | 12 | | probable selling price of a particular interest in real estate, | 13 | | which may provide a varying level of detail about the | 14 | | property's condition, market, and neighborhood and information | 15 | | on comparable sales. The activities of a real estate broker or | 16 | | managing broker engaging in the ordinary course of business as | 17 | | a broker, as defined in this Section, shall not be considered a | 18 | | broker price opinion if no compensation is paid to the broker | 19 | | or managing broker, other than compensation based upon the sale | 20 | | or rental of real estate. | 21 | | "Client" means a person who is being represented by a | 22 | | licensee.
| 23 | | "Comparative market analysis" is an analysis or opinion | 24 | | regarding pricing, marketing, or financial aspects relating to | 25 | | a specified interest or interests in real estate that may be | 26 | | based upon an analysis of comparative market data, the |
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| 1 | | expertise of the real estate broker or managing broker, and | 2 | | such other factors as the broker or managing broker may deem | 3 | | appropriate in developing or preparing such analysis or | 4 | | opinion. The activities of a real estate broker or managing | 5 | | broker engaging in the ordinary course of business as a broker, | 6 | | as defined in this Section, shall not be considered a | 7 | | comparative market analysis if no compensation is paid to the | 8 | | broker or managing broker, other than compensation based upon | 9 | | the sale or rental of real estate. | 10 | | "Compensation" means the valuable consideration given by | 11 | | one person or entity
to another person or entity in exchange | 12 | | for the performance of some activity or
service. Compensation | 13 | | shall include the transfer of valuable consideration,
| 14 | | including without limitation the following:
| 15 | | (1) commissions;
| 16 | | (2) referral fees;
| 17 | | (3) bonuses;
| 18 | | (4) prizes;
| 19 | | (5) merchandise;
| 20 | | (6) finder fees;
| 21 | | (7) performance of services;
| 22 | | (8) coupons or gift certificates;
| 23 | | (9) discounts;
| 24 | | (10) rebates;
| 25 | | (11) a chance to win a raffle, drawing, lottery, or | 26 | | similar game of chance
not prohibited by any other law or |
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| 1 | | statute;
| 2 | | (12) retainer fee; or
| 3 | | (13) salary.
| 4 | | "Confidential information" means information obtained by a | 5 | | licensee from a
client during the term of a brokerage agreement | 6 | | that (i) was made confidential
by the written request or | 7 | | written instruction of the client, (ii) deals with
the | 8 | | negotiating position of the client, or (iii) is information the | 9 | | disclosure
of which could materially harm the negotiating | 10 | | position of the client, unless
at any time:
| 11 | | (1) the client permits the disclosure of information | 12 | | given by that client
by word or conduct;
| 13 | | (2) the disclosure is required by law; or
| 14 | | (3) the information becomes public from a source other | 15 | | than the licensee.
| 16 | | "Confidential information" shall not be considered to | 17 | | include material
information about the physical condition of | 18 | | the property.
| 19 | | "Consumer" means a person or entity seeking or receiving | 20 | | licensed
activities.
| 21 | | "Continuing education school" means any person licensed by | 22 | | the Department as a school
for continuing education in | 23 | | accordance with Section 30-15 of this Act. | 24 | | "Coordinator" means the Coordinator of Real Estate created | 25 | | in Section 25-15 of this Act.
| 26 | | "Credit hour" means 50 minutes of classroom instruction in |
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| 1 | | course work that
meets the requirements set forth in rules | 2 | | adopted by the Department.
| 3 | | "Customer" means a consumer who is not being represented by | 4 | | the licensee but
for whom the licensee is performing | 5 | | ministerial acts.
| 6 | | "Department" means the Department of Financial and | 7 | | Professional Regulation. | 8 | | "Designated agency" means a contractual relationship | 9 | | between a sponsoring
broker and a client under Section 15-50 of | 10 | | this Act in which one or more
licensees associated with or | 11 | | employed by the broker are designated as agent of
the client.
| 12 | | "Designated agent" means a sponsored licensee named by a | 13 | | sponsoring broker as
the legal agent of a client, as provided | 14 | | for in Section 15-50 of this Act.
| 15 | | "Dual agency" means an agency relationship in which a | 16 | | licensee is
representing both buyer and seller or both landlord | 17 | | and tenant in the same
transaction. When the agency | 18 | | relationship is a designated agency, the
question of whether | 19 | | there is a dual agency shall be determined by the agency
| 20 | | relationships of the designated agent of the parties and not of | 21 | | the sponsoring
broker.
| 22 | | "Employee" or other derivative of the word "employee", when | 23 | | used to refer to,
describe, or delineate the relationship | 24 | | between a real estate broker and a real
estate salesperson, | 25 | | another real estate broker, or a leasing agent, shall be
| 26 | | construed to include an independent contractor relationship, |
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| 1 | | provided that a
written agreement exists that clearly | 2 | | establishes and states the relationship.
All responsibilities | 3 | | of a broker shall remain.
| 4 | | "Escrow moneys" means all moneys, promissory notes or any | 5 | | other type or
manner of legal tender or financial consideration | 6 | | deposited with any person for
the benefit of the parties to the | 7 | | transaction. A transaction exists once an
agreement has been | 8 | | reached and an accepted real estate contract signed or lease
| 9 | | agreed to by the parties. Escrow moneys includes without | 10 | | limitation earnest
moneys and security deposits, except those | 11 | | security deposits in which the
person holding the security | 12 | | deposit is also the sole owner of the property
being leased and | 13 | | for which the security deposit is being held.
| 14 | | "Electronic means of proctoring" means a methodology | 15 | | providing assurance that the person taking a test and | 16 | | completing the answers to questions is the person seeking | 17 | | licensure or credit for continuing education and is doing so | 18 | | without the aid of a third party or other device. | 19 | | "Exclusive brokerage agreement" means a written brokerage | 20 | | agreement that provides that the sponsoring broker has the sole | 21 | | right, through one or more sponsored licensees, to act as the | 22 | | exclusive designated agent or representative of the client and | 23 | | that meets the requirements of Section 15-75 of this Act.
| 24 | | "Inoperative" means a status of licensure where the | 25 | | licensee holds a current
license under this Act, but the | 26 | | licensee is prohibited from engaging in
licensed activities |
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| 1 | | because the licensee is unsponsored or the license of the
| 2 | | sponsoring broker with whom the licensee is associated or by | 3 | | whom he or she is
employed is currently expired, revoked, | 4 | | suspended, or otherwise rendered
invalid under this Act.
| 5 | | "Interactive delivery method" means delivery of a course by | 6 | | an instructor through a medium allowing for 2-way communication | 7 | | between the instructor and a student in which either can | 8 | | initiate or respond to questions. | 9 | | "Leads" means the name or names of a potential buyer, | 10 | | seller, lessor, lessee, or client of a licensee. | 11 | | "Leasing Agent" means a person who is employed by a real | 12 | | estate broker to
engage in licensed activities limited to | 13 | | leasing residential real estate who
has obtained a license as | 14 | | provided for in Section 5-5 of this Act.
| 15 | | "License" means the document issued by the Department | 16 | | certifying that the person named
thereon has fulfilled all | 17 | | requirements prerequisite to licensure under this
Act.
| 18 | | "Licensed activities" means those activities listed in the | 19 | | definition of
"broker" under this Section.
| 20 | | "Licensee" means any person, as defined in this Section, | 21 | | who holds a
valid unexpired license as a real estate broker, | 22 | | real estate salesperson, or
leasing agent.
| 23 | | "Listing presentation" means a communication between a | 24 | | real estate broker or
salesperson and a consumer in which the | 25 | | licensee is attempting to secure a
brokerage agreement with the | 26 | | consumer to market the consumer's real estate for
sale or |
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| 1 | | lease.
| 2 | | "Managing broker" means a broker who has supervisory | 3 | | responsibilities for
licensees in one or, in the case of a | 4 | | multi-office company, more than one
office and who has been | 5 | | appointed as such by the sponsoring broker.
| 6 | | "Medium of advertising" means any method of communication | 7 | | intended to
influence the general public to use or purchase a | 8 | | particular good or service or
real estate.
| 9 | | "Ministerial acts" means those acts that a licensee may | 10 | | perform for a
consumer that are informative or clerical in | 11 | | nature and do not rise to the
level of active representation on | 12 | | behalf of a consumer. Examples of these acts
include without | 13 | | limitation (i) responding to phone inquiries by consumers as to
| 14 | | the availability and pricing of brokerage services, (ii) | 15 | | responding to phone
inquiries from a consumer concerning the | 16 | | price or location of property, (iii)
attending an open house | 17 | | and responding to questions about the property from a
consumer, | 18 | | (iv) setting an appointment to view property, (v) responding to
| 19 | | questions of consumers walking into a licensee's office | 20 | | concerning brokerage
services offered or particular | 21 | | properties, (vi) accompanying an appraiser,
inspector, | 22 | | contractor, or similar third party on a visit to a property, | 23 | | (vii)
describing a property or the property's condition in | 24 | | response to a consumer's
inquiry, (viii) completing business or | 25 | | factual information for a consumer on an
offer or contract to | 26 | | purchase on behalf of a client, (ix) showing a client
through a |
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| 1 | | property being sold by an owner on his or her own behalf, or | 2 | | (x)
referral to another broker or service provider.
| 3 | | "Office" means a real estate broker's place of business | 4 | | where the general
public is invited to transact business and | 5 | | where records may be maintained and
licenses displayed, whether | 6 | | or not it is the broker's principal place of
business.
| 7 | | "Person" means and includes individuals, entities, | 8 | | corporations, limited
liability companies, registered limited | 9 | | liability partnerships, and
partnerships, foreign or domestic, | 10 | | except that when the context otherwise
requires, the term may | 11 | | refer to a single individual or other described entity.
| 12 | | "Personal assistant" means a licensed or unlicensed person | 13 | | who has been hired
for the purpose of aiding or assisting a | 14 | | sponsored licensee in the performance
of the sponsored | 15 | | licensee's job.
| 16 | | "Pocket card" means the card issued by the Department to | 17 | | signify that the person named
on the card is currently licensed | 18 | | under this Act.
| 19 | | "Pre-license school" means a school licensed by the | 20 | | Department offering courses in
subjects related to real estate | 21 | | transactions, including the subjects upon
which an applicant is | 22 | | examined in determining fitness to receive a license.
| 23 | | "Pre-renewal period" means the period between the date of | 24 | | issue of a
currently valid license and the license's expiration | 25 | | date.
| 26 | | "Proctor" means any person, including, but not limited to, |
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| 1 | | an instructor, who has a written agreement to administer | 2 | | examinations fairly and impartially with a licensed | 3 | | pre-license school or a licensed continuing education school. | 4 | | "Real estate" means and includes leaseholds as well as any | 5 | | other interest or
estate in land, whether corporeal, | 6 | | incorporeal, freehold, or non-freehold,
including timeshare | 7 | | interests, and whether the real estate is situated in this
| 8 | | State or elsewhere.
| 9 | | "Regular employee" means a person working an average of 20 | 10 | | hours per week for a person or entity who would be considered | 11 | | as an employee under the Internal Revenue Service eleven main | 12 | | tests in three categories being behavioral control, financial | 13 | | control and the type of relationship of the parties, formerly | 14 | | the twenty factor test.
| 15 | | "Salesperson" means any individual, other than a real | 16 | | estate broker or
leasing agent, who is employed by a real | 17 | | estate broker or is associated by
written agreement with a real | 18 | | estate broker as an independent contractor and
participates in | 19 | | any activity described in the definition of "broker" under this
| 20 | | Section.
| 21 | | "Secretary" means the Secretary of the Department of | 22 | | Financial and Professional Regulation, or a person authorized | 23 | | by the Secretary to act in the Secretary's stead. | 24 | | "Sponsoring broker" means the broker who has issued a | 25 | | sponsor card to a
licensed salesperson, another licensed | 26 | | broker, or a leasing agent.
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| 1 | | "Sponsor card" means the temporary permit issued by the | 2 | | sponsoring real
estate broker certifying that the real estate | 3 | | broker, real estate salesperson,
or leasing agent named thereon | 4 | | is employed by or associated by written
agreement with the | 5 | | sponsoring real estate broker, as provided for in Section
5-40 | 6 | | of this Act.
| 7 | | (Source: P.A. 98-531, eff. 8-23-13.)
| 8 | | (225 ILCS 454/5-27) | 9 | | (Section scheduled to be repealed on January 1, 2020) | 10 | | Sec. 5-27. Requirements for licensure as a broker. | 11 | | (a) Every applicant for licensure as a broker must meet the | 12 | | following qualifications: | 13 | | (1) Be at least 21 years of age. After April 30, 2011, | 14 | | the minimum age of 21 years shall be waived for any person | 15 | | seeking a license as a broker who has attained the age of | 16 | | 18 and can provide evidence of the successful completion of | 17 | | at least 4 semesters of post-secondary school study as a | 18 | | full-time student or the equivalent, with major emphasis on | 19 | | real estate courses, in a school approved by the | 20 | | Department; | 21 | | (2) Be of good moral character; | 22 | | (3) Successfully complete a 4-year course of study in a | 23 | | high school or secondary school approved by the Illinois | 24 | | State Board of Education or an equivalent course of study | 25 | | as determined by an examination conducted by the Illinois |
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| 1 | | State Board of Education which shall be verified under oath | 2 | | by the applicant; | 3 | | (4) Prior to May 1, 2011, provide (i) satisfactory | 4 | | evidence of having completed at least 120 classroom hours, | 5 | | 45 of which shall be those hours required to obtain a | 6 | | salesperson's license plus 15 hours in brokerage | 7 | | administration courses, in real estate courses approved by | 8 | | the Advisory Council or (ii) for applicants who currently | 9 | | hold a valid real estate salesperson's license, give | 10 | | satisfactory evidence of having completed at least 75 hours | 11 | | in real estate courses, not including the courses that are | 12 | | required to obtain a salesperson's license, approved by the | 13 | | Advisory Council; | 14 | | (5) After April 30, 2011, provide satisfactory | 15 | | evidence of having completed 90 hours of instruction in | 16 | | real estate courses approved by the Advisory Council, 15 | 17 | | hours of which must consist of situational and case studies | 18 | | presented in the classroom or by other interactive delivery | 19 | | method presenting instruction and real time discussion | 20 | | between the instructor and the students; | 21 | | (6) Personally take and pass a written examination | 22 | | authorized by the Department; | 23 | | (7) Present a valid application for issuance of a | 24 | | license accompanied by a sponsor card and the fees | 25 | | specified by rule. | 26 | | (b) The requirements specified in items (4) and (5) of |
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| 1 | | subsection (a) of this Section do not apply to applicants who | 2 | | are currently admitted to practice law by the Supreme Court of | 3 | | Illinois and are currently in active standing. | 4 | | (c) No applicant shall engage in any of the activities | 5 | | covered by this Act until a valid sponsor card has been issued | 6 | | to such applicant. The sponsor card shall be valid for a | 7 | | maximum period of 45 days after the date of issuance unless | 8 | | extended for good cause as provided by rule. | 9 | | (d) All licenses should be readily available to the public | 10 | | at their place of business.
| 11 | | (e) An individual holding an active license as a managing | 12 | | broker may return the license to the Department along with a | 13 | | form provided by the Department and shall be issued a broker's | 14 | | license in exchange. Any individual obtaining a broker's | 15 | | license under this subsection (e) shall be considered as having | 16 | | obtained a broker's license by education and passing the | 17 | | required test and shall be treated as such in determining | 18 | | compliance with this Act. | 19 | | (Source: P.A. 98-531, eff. 8-23-13.) | 20 | | (225 ILCS 454/10-45 new) | 21 | | Sec. 10-45. Broker price opinions and comparative market | 22 | | analyses. | 23 | | (a) A broker price opinion or comparative market analysis | 24 | | may be prepared or provided by a real estate broker or managing | 25 | | broker for any of the following: |
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| 1 | | (1) an existing or potential buyer or seller of an | 2 | | interest in real estate; | 3 | | (2) an existing or potential lessor or lessee of an | 4 | | interest in real estate; | 5 | | (3) a third party making decisions or performing due | 6 | | diligence related to the potential listing, offering, | 7 | | sale, option, lease, or acquisition price of an interest in | 8 | | real estate; or | 9 | | (4) an existing or potential lienholder or other third | 10 | | party for any purpose other than as the primary basis to | 11 | | determine the market value of an interest in real estate | 12 | | for the purpose of a mortgage loan origination by a | 13 | | financial institution secured by such real estate. | 14 | | (b) A broker price opinion or comparative market analysis | 15 | | shall be in writing either on paper or electronically and shall | 16 | | include the following provisions: | 17 | | (1) a statement of the intended purpose of the broker | 18 | | price opinion or comparative market analysis; | 19 | | (2) a brief description of the interest in real estate | 20 | | that is the subject of the broker price opinion or | 21 | | comparative market analysis; | 22 | | (3) a brief description of the methodology used to | 23 | | develop the broker price opinion or comparative market | 24 | | analysis; | 25 | | (4) any assumptions or limiting conditions; | 26 | | (5) a disclosure of any existing or contemplated |
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| 1 | | interest of the broker or managing broker in the interest | 2 | | in real estate that is the subject of the broker price | 3 | | opinion or comparative market analysis; | 4 | | (6) the name, license number, and signature of the | 5 | | broker or managing broker that developed the broker price | 6 | | opinion or comparative market analysis; | 7 | | (7) a statement in substantially the following form: | 8 | | "This is a broker price opinion/comparative market | 9 | | analysis, not an appraisal of the market value of the real | 10 | | estate, and was prepared by a licensed real estate broker | 11 | | or managing broker, not by a State certified real estate | 12 | | appraiser."; and | 13 | | (8) such other items as the broker or managing broker | 14 | | may deem appropriate.
| 15 | | (225 ILCS 454/25-10)
| 16 | | (Section scheduled to be repealed on January 1, 2020)
| 17 | | Sec. 25-10. Real Estate Administration and Disciplinary
| 18 | | Board;
duties.
There is created the Real Estate Administration | 19 | | and Disciplinary Board.
The Board shall be composed of 9 | 20 | | persons appointed by the Governor. Members
shall be
appointed | 21 | | to the Board subject to the following conditions:
| 22 | | (1) All members shall have been residents and citizens | 23 | | of this State for
at least 6 years
prior to the date of | 24 | | appointment.
| 25 | | (2) Six members shall have been actively engaged as |
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| 1 | | brokers or
salespersons or both for
at least the 10 years | 2 | | prior to the appointment.
| 3 | | (3) Three members of the Board shall be public members | 4 | | who represent
consumer
interests.
| 5 | | None of these members shall be (i) a person who is licensed | 6 | | under this
Act or a similar Act of another jurisdiction, (ii) | 7 | | the spouse or family member of a licensee, (iii) a person who | 8 | | has an ownership interest in a
real estate brokerage
business, | 9 | | or (iv) a person the Department determines to have any other | 10 | | connection with a real estate brokerage business or a licensee.
| 11 | | The members' terms shall be 4 years or until their successor is | 12 | | appointed, and the expiration of their terms shall be
| 13 | | staggered.
Appointments to fill vacancies shall be for the | 14 | | unexpired portion of the term. No
member shall be reappointed | 15 | | to the Board for a term that would cause his or her service on | 16 | | the Board to be longer than 12 years in a lifetime.
The | 17 | | membership of the Board should reasonably reflect the | 18 | | geographic
distribution of the licensee
population in this | 19 | | State. In making the appointments, the Governor shall give
due | 20 | | consideration
to the recommendations by members and | 21 | | organizations of the profession.
The Governor may terminate the | 22 | | appointment of any member for cause that in the
opinion of the
| 23 | | Governor reasonably justifies the termination. Cause for | 24 | | termination shall
include without limitation
misconduct, | 25 | | incapacity, neglect of duty, or missing 4 board meetings during | 26 | | any
one
calendar year.
Each member of the Board may receive a |
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| 1 | | per diem stipend in an amount to be
determined by the | 2 | | Secretary. Each member shall be paid his or her necessary | 3 | | expenses while
engaged in the
performance of his or her duties. | 4 | | Such compensation and expenses shall be paid
out of the Real | 5 | | Estate
License Administration Fund.
The Secretary shall | 6 | | consider the recommendations of the Board on questions
| 7 | | involving
standards of professional conduct, discipline, and | 8 | | examination of candidates
under this Act. The Department, after | 9 | | notifying and considering the recommendations of the Board, if | 10 | | any,
may issue rules,
consistent with the provisions of this | 11 | | Act, for the administration and
enforcement thereof and may
| 12 | | prescribe forms that shall be used in connection therewith. | 13 | | Five Board members shall constitute a quorum. A quorum is | 14 | | required for all Board decisions.
| 15 | | (Source: P.A. 96-856, eff. 12-31-09.)
| 16 | | Section 10. The Real Estate Appraiser Licensing Act of 2002 | 17 | | is amended by changing Sections 1-5, 1-10, 5-5, 5-10, 5-15, | 18 | | 5-20, 5-30, 5-35, 5-40, 5-50, 10-5, 15-10, 20-5, 20-10, 25-10, | 19 | | and 25-15 and by adding Section 5-22 as follows:
| 20 | | (225 ILCS 458/1-5)
| 21 | | (Section scheduled to be repealed on January 1, 2022)
| 22 | | Sec. 1-5. Legislative intent. The intent of the General | 23 | | Assembly in
enacting this Act is to
evaluate the competency of | 24 | | persons engaged in the appraisal of real estate in
connection |
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| 1 | | with a federally related transaction and
to license and | 2 | | regulate
those persons for the protection of the public. | 3 | | Additionally, it is the intent
of the General Assembly for
this | 4 | | Act to be consistent with the provisions of Title XI of the | 5 | | federal
Financial Institutions Reform,
Recovery and | 6 | | Enforcement Act of 1989.
| 7 | | (Source: P.A. 92-180, eff. 7-1-02 .)
| 8 | | (225 ILCS 458/1-10)
| 9 | | (Section scheduled to be repealed on January 1, 2022)
| 10 | | Sec. 1-10. Definitions. As used in this Act, unless the | 11 | | context
otherwise requires:
| 12 | | "Accredited college or university, junior college, or | 13 | | community college" means a college or university, junior | 14 | | college, or community college that is approved or accredited by | 15 | | the Board of Higher Education, a regional or national | 16 | | accreditation association, or by an accrediting agency that is | 17 | | recognized by the U.S. Secretary of Education.
| 18 | | "Address of record" means the designated address recorded | 19 | | by the Department in the applicant's or licensee's application | 20 | | file or license file as maintained by the Department's | 21 | | licensure maintenance unit. It is the duty of the applicant or | 22 | | licensee to inform the Department of any change of address and | 23 | | those changes must be made either through the Department's | 24 | | website or by contacting the Department. | 25 | | "Applicant" means person who applies to the Department
for |
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| 1 | | a license under this Act.
| 2 | | "Appraisal" means
(noun) the act or process of developing | 3 | | an opinion
of value; an
opinion of value (adjective) of or | 4 | | pertaining to appraising
and related functions, such as | 5 | | appraisal practice or appraisal services. | 6 | | "Appraisal assignment" means a valuation service provided | 7 | | as a consequence of an agreement between an appraiser and a | 8 | | client. | 9 | | "Appraisal consulting" means the act or process of | 10 | | developing an analysis, recommendation, or opinion to solve a | 11 | | problem, where an opinion of value is a component of the | 12 | | analysis leading to the assignment results. | 13 | | "Appraisal firm" means an appraisal entity that is 100% | 14 | | owned and controlled by a person or persons licensed in | 15 | | Illinois as a certified general real estate appraiser or a | 16 | | certified residential real estate appraiser. "Appraisal firm" | 17 | | does not include an appraisal management company. | 18 | | "Appraisal management company" means any corporation, | 19 | | limited liability company, partnership, sole proprietorship, | 20 | | subsidiary, unit, or other business entity that directly or | 21 | | indirectly performs the following appraisal management | 22 | | services: (1) administers networks of independent contractors | 23 | | or employee appraisers to perform real estate appraisal | 24 | | assignments for clients; (2) receives requests for real estate | 25 | | appraisal services from clients and, for a fee paid by the | 26 | | client, enters into an agreement with one or more independent |
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| 1 | | appraisers to perform the real estate appraisal services | 2 | | contained in the request; or (3) otherwise serves as a | 3 | | third-party broker of appraisal management services between | 4 | | clients and appraisers. "Appraisal management company" does | 5 | | not include an appraisal firm. | 6 | | "Appraisal practice" means valuation services performed by | 7 | | an individual acting as an appraiser, including, but not | 8 | | limited to, appraisal, appraisal review, or appraisal | 9 | | consulting.
| 10 | | "Appraisal report" means any communication, written or | 11 | | oral, of an appraisal or , appraisal review , or appraisal | 12 | | consulting service that is transmitted to a client upon | 13 | | completion of an assignment.
| 14 | | "Appraisal review" means the act or process of developing | 15 | | and communicating an opinion about the quality of another | 16 | | appraiser's work that was performed as part of an appraisal, | 17 | | appraisal review, or appraisal assignment.
| 18 | | "Appraisal Subcommittee" means the Appraisal Subcommittee | 19 | | of the Federal
Financial Institutions
Examination Council as | 20 | | established by Title XI.
| 21 | | "Appraiser" means a person who performs
real estate or real | 22 | | property
appraisals.
| 23 | | "AQB" means the Appraisal Qualifications Board of the | 24 | | Appraisal Foundation.
| 25 | | "Associate real estate trainee appraiser" means an | 26 | | entry-level appraiser who holds
a license of this |
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| 1 | | classification under this Act with restrictions as to the scope | 2 | | of practice
in
accordance with this Act.
| 3 | | "Board" means the Real Estate Appraisal Administration and | 4 | | Disciplinary Board.
| 5 | | "Broker price opinion" means an estimate or analysis of the | 6 | | probable selling price of a particular interest in real estate, | 7 | | which may provide a varying level of detail about the | 8 | | property's condition, market, and neighborhood and information | 9 | | on comparable sales. The activities of a real estate broker or | 10 | | managing broker engaging in the ordinary course of business as | 11 | | a broker, as defined in this Section, shall not be considered a | 12 | | broker price opinion if no compensation is paid to the broker | 13 | | or managing broker, other than compensation based upon the sale | 14 | | or rental of real estate. | 15 | | "Classroom hour" means 50 minutes of instruction out of | 16 | | each 60 minute
segment of coursework.
| 17 | | "Client" means the party or parties who engage an appraiser | 18 | | by employment or contract in a specific appraisal assignment.
| 19 | | "Comparative market analysis" is an analysis or opinion | 20 | | regarding pricing, marketing, or financial aspects relating to | 21 | | a specified interest or interests in real estate that may be | 22 | | based upon an analysis of comparative market data, the | 23 | | expertise of the real estate broker or managing broker, and | 24 | | such other factors as the broker or managing broker may deem | 25 | | appropriate in developing or preparing such analysis or | 26 | | opinion. The activities of a real estate broker or managing |
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| 1 | | broker engaging in the ordinary course of business as a broker, | 2 | | as defined in this Section, shall not be considered a | 3 | | comparative market analysis if no compensation is paid to the | 4 | | broker or managing broker, other than compensation based upon | 5 | | the sale or rental of real estate. | 6 | | "Coordinator" means the Coordinator of Real Estate | 7 | | Appraisal of the Division of Professional Regulation of the | 8 | | Department of Financial and Professional Regulation.
| 9 | | "Department" means the Department of Financial and | 10 | | Professional Regulation.
| 11 | | "Federal financial institutions regulatory agencies" means | 12 | | the Board of
Governors of the Federal Reserve
System, the | 13 | | Federal Deposit Insurance Corporation, the Office of the
| 14 | | Comptroller of the Currency, the
Consumer Financial Protection | 15 | | Bureau Office of Thrift Supervision , and the National Credit | 16 | | Union Administration.
| 17 | | "Federally related transaction" means any real | 18 | | estate-related financial
transaction in which a federal
| 19 | | financial institutions regulatory agency , the Department of | 20 | | Housing
and Urban Development, Fannie Mae, Freddie Mae, or the | 21 | | National
Credit Union Administration
engages in, contracts | 22 | | for, or
regulates and requires the services
of an appraiser.
| 23 | | "Financial institution" means any bank, savings bank, | 24 | | savings and loan
association, credit union,
mortgage broker, | 25 | | mortgage banker, licensee under the Consumer Installment Loan
| 26 | | Act or the Sales
Finance Agency Act, or a corporate fiduciary, |
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| 1 | | subsidiary, affiliate, parent
company, or holding company
of | 2 | | any such licensee, or any institution involved in real estate | 3 | | financing that
is regulated by state or
federal law.
| 4 | | "Modular Course" means the Appraisal Qualifying Course | 5 | | Design conforming to the Sub Topics Course Outline contained in | 6 | | the AQB Criteria 2008.
| 7 | | "Person" means an individual, entity, sole proprietorship, | 8 | | corporation, limited liability company, partnership, and joint | 9 | | venture, foreign or domestic, except that when the context | 10 | | otherwise requires, the term may refer to more than one | 11 | | individual or other described entity. | 12 | | "Real estate" means an identified parcel or tract of land, | 13 | | including any
improvements.
| 14 | | "Real estate related financial transaction" means any | 15 | | transaction involving:
| 16 | | (1) the sale, lease, purchase, investment in, or | 17 | | exchange of real
property,
including interests
in property | 18 | | or the financing thereof;
| 19 | | (2) the refinancing of real property or interests in | 20 | | real property; and
| 21 | | (3) the use of real property or interest in property as | 22 | | security for a
loan or
investment,
including mortgage | 23 | | backed securities.
| 24 | | "Real property" means the interests, benefits, and rights | 25 | | inherent in the
ownership of real estate.
| 26 | | "Secretary" means the Secretary of Financial and |
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| 1 | | Professional Regulation.
| 2 | | "State certified general real estate
appraiser" means an | 3 | | appraiser who holds a
license of this classification under this | 4 | | Act
and such classification applies to
the appraisal of all | 5 | | types of real property without restrictions as to
the scope of | 6 | | practice.
| 7 | | "State certified residential real estate
appraiser" means | 8 | | an appraiser who
holds a
license of this classification
under | 9 | | this Act
and such classification applies to
the appraisal of
| 10 | | one to 4 units of
residential real property without regard to | 11 | | transaction value or complexity,
but with restrictions as to | 12 | | the
scope of practice
in a federally related transaction in | 13 | | accordance with Title
XI, the provisions of USPAP,
criteria | 14 | | established by the AQB, and further defined by rule.
| 15 | | "Supervising appraiser" means either (i) an appraiser who | 16 | | holds a valid license under this Act as either a State | 17 | | certified general real estate appraiser or a State certified | 18 | | residential real estate appraiser, who co-signs an appraisal | 19 | | report for an associate real estate trainee appraiser or (ii) a | 20 | | State certified general real estate appraiser who holds a valid | 21 | | license under this Act who co-signs an appraisal report for a | 22 | | State certified residential real estate appraiser on | 23 | | properties other than one to 4 units of residential real | 24 | | property without regard to transaction value or complexity.
| 25 | | "Title XI" means Title XI of the federal Financial | 26 | | Institutions Reform,
Recovery and
Enforcement Act of 1989.
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| 1 | | "USPAP" means the Uniform Standards of Professional | 2 | | Appraisal Practice as
promulgated by the
Appraisal Standards | 3 | | Board pursuant to Title XI and by rule.
| 4 | | "Valuation services" means services pertaining to aspects | 5 | | of property value. | 6 | | (Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
| 7 | | (225 ILCS 458/5-5)
| 8 | | (Section scheduled to be repealed on January 1, 2022)
| 9 | | Sec. 5-5. Necessity of license; use of title; exemptions.
| 10 | | (a) It
is unlawful for a person to (i) act, offer services, | 11 | | or advertise services
as a State certified general real estate
| 12 | | appraiser, State certified residential real estate appraiser, | 13 | | or associate real estate trainee appraiser, (ii)
develop a real | 14 | | estate appraisal,
(iii)
practice as a real estate
appraiser, or | 15 | | (iv)
advertise or hold himself or herself out to be a real | 16 | | estate
appraiser
without a license issued under this Act. A | 17 | | person who
violates this subsection is
guilty of a Class A | 18 | | misdemeanor for a first offense and a Class 4 felony for any | 19 | | subsequent offense.
| 20 | | (a-5) It is unlawful for a person, unless registered as an | 21 | | appraisal management company, to solicit clients or enter into | 22 | | an appraisal engagement with clients without either a certified | 23 | | residential real estate appraiser license or a certified | 24 | | general real estate appraiser license issued under this Act. A | 25 | | person who violates this subsection is guilty of a Class A |
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| 1 | | misdemeanor for a first offense and a Class 4 felony for any | 2 | | subsequent offense. | 3 | | (b) It
is unlawful for a person, other than a
person who | 4 | | holds a valid license issued pursuant to this
Act as a State | 5 | | certified general real estate appraiser, a
State
certified
| 6 | | residential real estate appraiser,
or an associate real estate | 7 | | trainee appraiser to use these titles or any other title, | 8 | | designation, or
abbreviation likely to create the
impression | 9 | | that the person is licensed as a real estate appraiser pursuant | 10 | | to
this Act. A person who
violates this subsection is guilty of | 11 | | a Class A misdemeanor for a first offense and a Class 4 felony | 12 | | for any subsequent offense.
| 13 | | (c) This Act does not apply to a person who holds a valid | 14 | | license as a real estate broker or managing broker pursuant to | 15 | | the Real Estate License Act of 2000 who prepares or provides a | 16 | | broker price opinion or comparative market analysis in | 17 | | compliance with Section 10-45 of the Real Estate License Act of | 18 | | 2000.
The licensing requirements of this Act
do not
require a | 19 | | person who holds a
valid license pursuant to the Real Estate | 20 | | License Act of 2000, to be licensed
as a real estate appraiser
| 21 | | under this Act,
unless that person is
providing
or attempting | 22 | | to provide an appraisal report, as defined in Section
1-10 of | 23 | | this Act, in connection with a federally-related transaction. | 24 | | Nothing in this Act shall prohibit a person who holds a valid | 25 | | license under the Real Estate License Act of 2000 from | 26 | | performing a comparative market analysis or broker price |
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| 1 | | opinion for compensation, provided that the person does not | 2 | | hold himself out as being a licensed real estate appraiser. | 3 | | (d) Nothing in this Act shall preclude a State certified | 4 | | general real estate appraiser, a State certified residential | 5 | | real estate appraiser, or an associate real estate trainee | 6 | | appraiser from rendering appraisals for or on behalf of a | 7 | | partnership, association, corporation, firm, or group. | 8 | | However, no State appraisal license or certification shall be | 9 | | issued under this Act to a partnership, association, | 10 | | corporation, firm, or group.
| 11 | | (e) This Act does not apply to a county assessor, township | 12 | | assessor, multi-township assessor, county supervisor of | 13 | | assessments, or any deputy or employee of any county assessor, | 14 | | township assessor, multi-township assessor, or county | 15 | | supervisor of assessments who is performing his or her | 16 | | respective duties in accordance with the provisions of the | 17 | | Property Tax Code.
| 18 | | (e-5) For the purposes of this Act, valuation waivers may | 19 | | be prepared by a licensed appraiser notwithstanding any other | 20 | | provision of this Act, and the following types of valuations | 21 | | are not appraisals and may not be represented to be appraisals, | 22 | | and a license is not required under this Act to
perform such | 23 | | valuations if the valuations are performed by (1) an employee | 24 | | of the Illinois Department of Transportation who has completed | 25 | | a minimum of 45 hours of course work in real estate appraisal, | 26 | | including the principals of real estate appraisals, appraisal |
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| 1 | | of partial acquisitions, easement valuation, reviewing | 2 | | appraisals in eminent domain, appraisal for federal aid highway | 3 | | programs, and appraisal review for federal aid highway programs | 4 | | and has at least 2 years' experience in a field closely related | 5 | | to real estate or (2) a county engineer who is a registered | 6 | | professional engineer under the Professional Engineering | 7 | | Practice Act of 1989, under the following circumstances: | 8 | | (A) a valuation waiver in an amount not to exceed | 9 | | $10,000 prepared pursuant to the federal Uniform | 10 | | Relocation Assistance and Real Property Acquisition | 11 | | Policies Act of 1970, or prepared pursuant to the federal | 12 | | Uniform Relocation Assistance and Real Property | 13 | | Acquisition for Federal and Federally-Assisted Programs | 14 | | regulations and which is performed by an employee of the | 15 | | Illinois Department of Transportation and co-signed, with | 16 | | a license number affixed, by another employee of the | 17 | | Illinois Department of Transportation who is a registered | 18 | | professional engineer under the Professional Engineering | 19 | | Practice Act of 1989; and | 20 | | (B) a valuation waiver in an amount not to exceed | 21 | | $10,000 prepared pursuant to the federal Uniform | 22 | | Relocation Assistance and Real Property Acquisition | 23 | | Policies Act of 1970, or prepared pursuant to the federal | 24 | | Uniform Relocation Assistance and Real Property | 25 | | Acquisition for Federal and Federally-Assisted Programs | 26 | | regulations and which is performed by a county engineer who |
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| 1 | | is employed by a county and is a registered professional | 2 | | engineer under the Professional Engineering Practice Act | 3 | | of 1989. In addition to his or her signature, the county | 4 | | engineer shall affix his or her license number to the | 5 | | valuation. | 6 | | Nothing in this subsection (e-5) shall be construed to | 7 | | allow the State of Illinois, a political subdivision thereof, | 8 | | or any public body to acquire real estate by eminent domain in | 9 | | any manner
other than provided for in the Eminent Domain Act. | 10 | | (f) A State real estate appraisal certification or license | 11 | | is not required under this Act for any of the following: | 12 | | (1) A person, partnership, association, or corporation | 13 | | that performs appraisals of property owned by that person, | 14 | | partnership, association, or corporation for the sole use | 15 | | of that person, partnership, association, or corporation. | 16 | | (2) A court-appointed commissioner who conducts an | 17 | | appraisal pursuant to a judicially ordered evaluation of | 18 | | property. | 19 | | However, any person who is certified or licensed under this Act | 20 | | and who performs any of the activities set forth in this | 21 | | subsection (f) must comply with the provisions of this Act. A | 22 | | person who violates this subsection (f) is guilty of a Class A | 23 | | misdemeanor for a first offense and a Class 4 felony for any | 24 | | subsequent offense. | 25 | | (g) This Act does not apply to an employee, officer, | 26 | | director, or member of a credit or loan committee of a |
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| 1 | | financial institution or any other person engaged by a | 2 | | financial institution when performing an evaluation of real | 3 | | property for the sole use of the financial institution in a | 4 | | transaction for which the financial institution would not be | 5 | | required to use the services of a State licensed or State | 6 | | certified appraiser pursuant to federal regulations adopted | 7 | | under Title XI of the federal Financial Institutions Reform, | 8 | | Recovery, and Enforcement Act of 1989, nor does this Act apply | 9 | | to the procurement of an automated valuation model. | 10 | | "Automated valuation model" means an automated system that | 11 | | is used to derive a property value through the use of publicly | 12 | | available property records and various analytic methodologies | 13 | | such as comparable sales prices, home characteristics, and | 14 | | historical home price appreciations.
| 15 | | (Source: P.A. 97-602, eff. 8-26-11; 98-444, eff. 8-16-13.)
| 16 | | (225 ILCS 458/5-10)
| 17 | | (Section scheduled to be repealed on January 1, 2022)
| 18 | | Sec. 5-10. Application for State
certified general real | 19 | | estate appraiser.
| 20 | | (a) Every person who
desires to obtain a State certified | 21 | | general real estate appraiser license
shall:
| 22 | | (1) apply to the Department
on forms provided by the | 23 | | Department
accompanied by the required fee;
| 24 | | (2) be at least 18 years of age;
| 25 | | (3) (blank);
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| 1 | | (4) personally take and pass an examination authorized | 2 | | by the Department
and endorsed
by the AQB;
| 3 | | (5) prior to taking the examination, provide evidence | 4 | | to the Department, in Modular Course format, with each | 5 | | module conforming to the Required Core Curriculum Real | 6 | | Property Appraiser Qualification Criteria established and | 7 | | adopted by the AQB,
that he or she
has successfully | 8 | | completed the prerequisite
classroom hours of instruction | 9 | | in appraising as established by the AQB and by
rule; and
| 10 | | (6) prior to taking the examination, provide evidence
| 11 | | to the Department
that he or she has successfully completed | 12 | | the prerequisite
experience and educational requirements | 13 | | in appraising as established by AQB and by rule.
| 14 | | (b) Applicants must provide evidence to the Department of | 15 | | (i) holding a Bachelor's degree or higher from an accredited | 16 | | college or university . or (ii) successfully passing 30 semester | 17 | | credit hours or the equivalent from an accredited college or | 18 | | university, junior college, or community college in the | 19 | | following subjects: | 20 | | (1) English composition; | 21 | | (2) micro economics; | 22 | | (3) macro economics; | 23 | | (4) finance; | 24 | | (5) algebra, geometry, or higher mathematics; | 25 | | (6) statistics; | 26 | | (7) introduction to computers-word
processing and |
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| 1 | | spreadsheets; | 2 | | (8) business or real estate law; and | 3 | | (9) two elective courses in accounting, geography,
| 4 | | agricultural economics, business management, or real
| 5 | | estate. | 6 | | If an accredited college or university accepts the | 7 | | College-Level Examination Program (CLEP) examinations and | 8 | | issues a transcript for the exam showing its approval, it will | 9 | | be considered credit for the college course for the purposes of | 10 | | meeting the requirements of this subsection (b).
| 11 | | (Source: P.A. 96-844, eff. 12-23-09; 96-1000, eff. 7-2-10 .)
| 12 | | (225 ILCS 458/5-15)
| 13 | | (Section scheduled to be repealed on January 1, 2022)
| 14 | | Sec. 5-15. Application for State certified residential | 15 | | real estate
appraiser. | 16 | | (a) Every person who
desires to obtain a State certified | 17 | | residential real estate appraiser license
shall:
| 18 | | (1) apply to the Department
on forms provided by the | 19 | | Department
accompanied by the required fee;
| 20 | | (2) be at least 18 years of age;
| 21 | | (3) (blank);
| 22 | | (4) personally take and pass an examination authorized | 23 | | by the Department
and endorsed
by
the AQB;
| 24 | | (5) prior to taking the examination, provide evidence
| 25 | | to the Department, in Modular Course format, with each |
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| 1 | | module conforming to the Required Core Curriculum Real | 2 | | Property Appraiser Qualification Criteria established and | 3 | | adopted by the AQB,
that he or she has successfully | 4 | | completed the prerequisite
classroom hours of instruction | 5 | | in appraising as established by the AQB and by
rule; and
| 6 | | (6) prior to taking the examination, provide evidence
| 7 | | to the Department
that he or she has successfully completed | 8 | | the prerequisite
experience and educational requirements | 9 | | as established by AQB and by rule.
| 10 | | (b) Applicants must provide evidence to the Department of | 11 | | (i) holding an Associate's degree or its equivalent from an | 12 | | accredited college or university, junior college, or community | 13 | | college or (ii) successfully passing 21 semester credit hours | 14 | | or the equivalent from an accredited college or university, | 15 | | junior college, or community college in the following subjects: | 16 | | (1) English composition; | 17 | | (2) principals of economics (micro or macro); | 18 | | (3) finance; | 19 | | (4) algebra, geometry, or higher mathematics; | 20 | | (5) statistics; | 21 | | (6) introduction to computers-word
processing and | 22 | | spreadsheets; and | 23 | | (7) business or real estate law. | 24 | | If an accredited college or university accepts the | 25 | | College-Level Examination Program (CLEP) examinations and | 26 | | issues a transcript for the exam showing its approval, it will |
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| 1 | | be considered credit for the college course for the purposes of | 2 | | the requirements of this subsection (b).
| 3 | | (Source: P.A. 96-844, eff. 12-23-09 .)
| 4 | | (225 ILCS 458/5-20)
| 5 | | (Section scheduled to be repealed on January 1, 2022)
| 6 | | Sec. 5-20. Application for associate real estate trainee
| 7 | | appraiser. Every person who desires to obtain an associate real | 8 | | estate trainee appraiser
license shall:
| 9 | | (1) apply to the Department
on forms provided by the | 10 | | Department
accompanied by the required
fee;
| 11 | | (2) be at least 18 years of age;
| 12 | | (3) provide evidence of having attained a high school | 13 | | diploma or completed
an
equivalent course of
study as | 14 | | determined by an examination conducted
or accepted
by the | 15 | | Illinois State Board of
Education;
| 16 | | (4) personally take and pass an examination authorized | 17 | | by the Department; and
| 18 | | (5) prior to taking the examination, provide evidence
| 19 | | to the Department
that he or she has successfully
completed
| 20 | | the prerequisite qualifying and any conditional education | 21 | | requirements classroom hours of instruction in appraising | 22 | | as established by
rule.
| 23 | | (Source: P.A. 96-844, eff. 12-23-09 .)
| 24 | | (225 ILCS 458/5-22 new) |
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| 1 | | Sec. 5-22. Criminal history records check. Each applicant | 2 | | for licensure by examination or restoration shall have his or | 3 | | her fingerprints submitted to the Department of State Police in | 4 | | an electronic format that complies with the form and manner for | 5 | | requesting and furnishing criminal history record information | 6 | | as prescribed by the Department of State Police. These | 7 | | fingerprints shall be checked against the Department of State | 8 | | Police and Federal Bureau of Investigation criminal history | 9 | | record databases now and hereafter filed. The Department of | 10 | | State Police shall charge applicants a fee for conducting the | 11 | | criminal history records check, which shall be deposited into | 12 | | the State Police Services Fund and shall not exceed the actual | 13 | | cost of the records check. The Department of State Police shall
| 14 | | furnish, pursuant to positive identification, records of | 15 | | Illinois convictions to the Department. The Department may | 16 | | require applicants to pay a separate fingerprinting fee, either | 17 | | to the Department or to a vendor. The Department may adopt any | 18 | | rules necessary to implement this Section.
| 19 | | (225 ILCS 458/5-30)
| 20 | | (Section scheduled to be repealed on January 1, 2022)
| 21 | | Sec. 5-30. Endorsement. The Department may issue an | 22 | | appraiser license, without the required examination, to an | 23 | | applicant licensed by another state, territory, possession of | 24 | | the United States, or the District of
Columbia, if (i) the | 25 | | licensing
requirements of that licensing authority are, on the |
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| 1 | | date of licensure, substantially equal to the requirements set | 2 | | forth under this Act or to a person who, at the time of his or | 3 | | her application, possessed individual qualifications that were | 4 | | substantially equivalent to the requirements of this Act or | 5 | | (ii) the applicant provides the Department
with evidence of | 6 | | good standing from
the Appraisal Subcommittee National | 7 | | Registry
report and a criminal history records check in | 8 | | accordance with Section 5-22 . An applicant under this Section | 9 | | shall pay all of the required fees.
| 10 | | (Source: P.A. 96-844, eff. 12-23-09 .)
| 11 | | (225 ILCS 458/5-35)
| 12 | | (Section scheduled to be repealed on January 1, 2022)
| 13 | | Sec. 5-35. Qualifying Pre-license education requirements.
| 14 | | (a) The prerequisite
classroom hours necessary for a person | 15 | | to be
approved to sit for the examination for licensure as a
| 16 | | State
certified general real
estate
appraiser
or
a State | 17 | | certified residential
real estate appraiser
shall be in | 18 | | accordance with AQB criteria and established
by rule.
| 19 | | (b) The prerequisite classroom hours necessary for a person
| 20 | | to sit for the examination for licensure as an associate real
| 21 | | estate trainee appraiser shall be established by rule.
| 22 | | (Source: P.A. 96-844, eff. 12-23-09 .)
| 23 | | (225 ILCS 458/5-40)
| 24 | | (Section scheduled to be repealed on January 1, 2022)
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| 1 | | Sec. 5-40. Qualifying Pre-license experience requirements. | 2 | | The
prerequisite experience necessary for a person to be | 3 | | approved to sit for the
examination
for licensure as a State | 4 | | certified general real estate
appraiser or a State certified
| 5 | | residential real
estate appraiser shall be established by
rule.
| 6 | | (Source: P.A. 96-844, eff. 12-23-09 .)
| 7 | | (225 ILCS 458/5-50)
| 8 | | (Section scheduled to be repealed on January 1, 2022)
| 9 | | Sec. 5-50. Temporary practice permits. A nonresident | 10 | | appraiser who holds
a valid appraiser
license in another state, | 11 | | territory, possession of the United States, or the
District of | 12 | | Columbia may be
granted a temporary practice permit to practice | 13 | | as an appraiser in the State of
Illinois upon making
an | 14 | | application and paying the applicable fees pursuant to | 15 | | Appraisal
Subcommittee
policy statements and as
established by | 16 | | rule.
| 17 | | (Source: P.A. 92-180, eff. 7-1-02 .)
| 18 | | (225 ILCS 458/10-5)
| 19 | | (Section scheduled to be repealed on January 1, 2022)
| 20 | | Sec. 10-5. Scope of practice.
| 21 | | (a) This Act does not limit a
State
certified general real | 22 | | estate appraiser
in his or
her scope of practice in
a federally | 23 | | related transaction. A certified general real estate appraiser
| 24 | | may independently provide
appraisal
services, review, or |
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| 1 | | consulting
relating to any type of property for which he or she | 2 | | has experience or
is
competent. All such appraisal
practice | 3 | | must be made in accordance with the provisions of USPAP, | 4 | | criteria
established by the AQB, and rules adopted pursuant to | 5 | | this Act.
| 6 | | (b) A State certified residential real estate appraiser is | 7 | | limited in his or
her scope of practice
to
the provisions of | 8 | | USPAP, criteria established by the AQB, and the
rules adopted | 9 | | pursuant to this Act.
| 10 | | (c) A State certified residential real estate appraiser | 11 | | must have a State certified general real estate appraiser who | 12 | | holds a valid license under this Act co-sign all appraisal | 13 | | reports on properties other than one to 4 units of residential | 14 | | real property without regard to transaction value or | 15 | | complexity.
| 16 | | (d) An associate real estate trainee appraiser is limited | 17 | | in his or her scope of
practice in all transactions in | 18 | | accordance with the provisions of
USPAP, this
Act, and the | 19 | | rules adopted pursuant to this Act. In addition,
an associate | 20 | | real estate trainee appraiser shall be required to have
a State | 21 | | certified
general real estate
appraiser or State certified | 22 | | residential real estate appraiser who holds a
valid license | 23 | | under this Act
to co-sign all appraisal reports. A The | 24 | | associate real estate trainee appraiser licensee may not have | 25 | | more than 3 supervising appraisers, and a supervising appraiser | 26 | | may not supervise more than 3 associate real estate trainee |
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| 1 | | appraisers at one time. Associate real estate trainee | 2 | | appraisers shall not be limited in the number of concurrent | 3 | | supervising appraisers. A chronological appraisal log on an | 4 | | approved log form shall be maintained by the associate real | 5 | | estate trainee appraiser and shall be made available to the | 6 | | Department upon request.
| 7 | | (Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
| 8 | | (225 ILCS 458/15-10)
| 9 | | (Section scheduled to be repealed on January 1, 2022)
| 10 | | Sec. 15-10. Grounds for disciplinary action.
| 11 | | (a) The Department
may suspend, revoke,
refuse to issue,
| 12 | | renew, or restore a license and may reprimand place on | 13 | | probation or administrative
supervision,
or take any | 14 | | disciplinary or non-disciplinary action, including
imposing
| 15 | | conditions limiting the scope, nature, or extent of the real | 16 | | estate appraisal
practice of a
licensee or reducing the | 17 | | appraisal rank of a licensee,
and may impose an administrative | 18 | | fine
not to exceed $25,000 for each violation upon a licensee
| 19 | | for any one or combination of the following:
| 20 | | (1) Procuring or attempting to procure a license by | 21 | | knowingly making a
false statement,
submitting false | 22 | | information, engaging in any form of fraud or
| 23 | | misrepresentation,
or refusing
to provide complete | 24 | | information in response to a question in an application for
| 25 | | licensure.
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| 1 | | (2) Failing to meet the minimum qualifications for | 2 | | licensure as an
appraiser established by this
Act.
| 3 | | (3) Paying money, other than for the fees provided for | 4 | | by this Act, or
anything of value to a
member or employee | 5 | | of the Board or the Department
to procure
licensure
under | 6 | | this Act.
| 7 | | (4) Conviction by plea of guilty or nolo contendere, | 8 | | finding of guilt, jury verdict, or entry of judgment or by | 9 | | sentencing of any crime, including, but not limited to, | 10 | | convictions, preceding sentences of supervision, | 11 | | conditional discharge, or first offender probation, under | 12 | | the laws of any jurisdiction of the United States: (i) that | 13 | | is a felony; or (ii) that is a misdemeanor, an essential | 14 | | element of which is dishonesty, or that is directly related | 15 | | to the practice of the profession.
| 16 | | (5) Committing an act or omission involving | 17 | | dishonesty, fraud, or
misrepresentation with the intent to
| 18 | | substantially benefit the licensee or another person or | 19 | | with intent to
substantially injure
another person as | 20 | | defined by rule.
| 21 | | (6) Violating a provision or standard for the | 22 | | development or
communication of real estate
appraisals as | 23 | | provided in Section 10-10 of this Act or as defined by | 24 | | rule.
| 25 | | (7) Failing or refusing without good cause to exercise | 26 | | reasonable
diligence in developing, reporting,
or |
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| 1 | | communicating an appraisal, as defined by this Act or by | 2 | | rule.
| 3 | | (8) Violating a provision of this Act or the rules | 4 | | adopted pursuant to
this Act.
| 5 | | (9) Having been disciplined by another state, the | 6 | | District of Columbia, a
territory, a foreign nation,
a | 7 | | governmental agency, or any other entity authorized to | 8 | | impose discipline if
at least one of
the grounds for that | 9 | | discipline is the same as or the equivalent of one of the
| 10 | | grounds for
which a licensee may be disciplined under this | 11 | | Act.
| 12 | | (10) Engaging in dishonorable, unethical, or | 13 | | unprofessional conduct of a
character likely to
deceive, | 14 | | defraud, or harm the public.
| 15 | | (11) Accepting an appraisal assignment when the | 16 | | employment
itself is contingent
upon the appraiser | 17 | | reporting a predetermined estimate, analysis, or opinion | 18 | | or
when the fee
to be paid is contingent upon the opinion, | 19 | | conclusion, or valuation reached or
upon the
consequences | 20 | | resulting from the appraisal assignment.
| 21 | | (12) Developing valuation conclusions based on the | 22 | | race, color, religion,
sex, national origin,
ancestry, | 23 | | age, marital status, family status, physical or mental | 24 | | disability, or
unfavorable
military discharge, as defined | 25 | | under the Illinois Human Rights Act, of the
prospective or
| 26 | | present owners or occupants of the area or property under |
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| 1 | | appraisal.
| 2 | | (13) Violating the confidential nature of government | 3 | | records to which
the licensee gained
access through | 4 | | employment or engagement as an appraiser by a government | 5 | | agency.
| 6 | | (14) Being adjudicated liable in a civil proceeding on | 7 | | grounds of
fraud, misrepresentation, or
deceit. In a | 8 | | disciplinary proceeding based upon a finding of civil | 9 | | liability,
the appraiser shall
be afforded an opportunity | 10 | | to present mitigating and extenuating circumstances,
but | 11 | | may not
collaterally attack the civil adjudication.
| 12 | | (15) Being adjudicated liable in a civil proceeding for | 13 | | violation of
a state or federal fair
housing law.
| 14 | | (16) Engaging in misleading or untruthful advertising | 15 | | or using a trade
name or insignia of
membership in a real | 16 | | estate appraisal or real estate organization of
which the | 17 | | licensee is
not a member.
| 18 | | (17) Failing to fully cooperate with a Department | 19 | | investigation by knowingly
making a false
statement, | 20 | | submitting false or misleading information, or refusing to | 21 | | provide
complete information in response to written
| 22 | | interrogatories or a written
request for documentation | 23 | | within 30 days of the request.
| 24 | | (18) Failing to include within the certificate of | 25 | | appraisal for all
written appraisal reports the | 26 | | appraiser's license number and licensure title.
All |
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| 1 | | appraisers providing significant contribution to the | 2 | | development and
reporting of an appraisal must be disclosed | 3 | | in the appraisal report. It is a
violation of this Act for | 4 | | an
appraiser to sign a report,
transmittal letter, or | 5 | | appraisal certification knowing that a person providing
a | 6 | | significant
contribution to the report has not been | 7 | | disclosed in the appraisal report.
| 8 | | (19) Violating the terms of a disciplinary order or | 9 | | consent to administrative supervision order. | 10 | | (20) Habitual or excessive use or addiction to alcohol, | 11 | | narcotics, stimulants, or any other chemical agent or drug | 12 | | that results in a licensee's inability to practice with | 13 | | reasonable judgment, skill, or safety. | 14 | | (21) A physical or mental illness or disability which | 15 | | results in the inability to practice under this Act with | 16 | | reasonable judgment, skill, or safety.
| 17 | | (22) Gross negligence in developing an appraisal or in | 18 | | communicating an appraisal or failing to observe one or | 19 | | more of the Uniform Standards of Professional Appraisal | 20 | | Practice. | 21 | | (23) A pattern of practice or other behavior that | 22 | | demonstrates incapacity or incompetence to practice under | 23 | | this Act. | 24 | | (24) Using or attempting to use the seal, certificate, | 25 | | or license of another as his or her own; falsely | 26 | | impersonating any duly licensed appraiser; using or |
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| 1 | | attempting to use an inactive, expired, suspended, or | 2 | | revoked license; or aiding or abetting any of the | 3 | | foregoing. | 4 | | (25) Solicitation of professional services by using | 5 | | false, misleading, or deceptive advertising. | 6 | | (26) Making a material misstatement in furnishing | 7 | | information to the Department. | 8 | | (27) Failure to furnish information to the Department | 9 | | upon written request. | 10 | | (b) The Department
may reprimand suspend, revoke,
or refuse | 11 | | to issue or renew an education provider's
license, may | 12 | | reprimand, place on probation, or otherwise discipline
an | 13 | | education provider
and may suspend or revoke the course | 14 | | approval of any course offered by
an education provider and may | 15 | | impose an administrative fine
not to exceed $25,000 upon
an | 16 | | education provider,
for any of the following:
| 17 | | (1) Procuring or attempting to procure licensure by | 18 | | knowingly making a
false statement,
submitting false | 19 | | information, engaging in any form of fraud or
| 20 | | misrepresentation, or
refusing to
provide complete | 21 | | information in response to a question in an application for
| 22 | | licensure.
| 23 | | (2) Failing to comply with the covenants certified to | 24 | | on the application
for licensure as an education provider.
| 25 | | (3) Committing an act or omission involving | 26 | | dishonesty, fraud, or
misrepresentation or allowing any |
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| 1 | | such act or omission by
any employee or contractor under | 2 | | the control of the provider.
| 3 | | (4) Engaging in misleading or untruthful advertising.
| 4 | | (5) Failing to retain competent instructors in | 5 | | accordance with rules
adopted
under this Act.
| 6 | | (6) Failing to meet the topic or time requirements for | 7 | | course approval as
the provider of a qualifying pre-license
| 8 | | curriculum course or a continuing education course.
| 9 | | (7) Failing to administer an approved course using the | 10 | | course materials,
syllabus, and examinations
submitted as | 11 | | the basis of the course approval.
| 12 | | (8) Failing to provide an appropriate classroom | 13 | | environment for
presentation of courses, with
| 14 | | consideration for student comfort, acoustics, lighting, | 15 | | seating, workspace, and
visual aid material.
| 16 | | (9) Failing to maintain student records in compliance | 17 | | with the rules
adopted under this Act.
| 18 | | (10) Failing to provide a certificate, transcript, or | 19 | | other student
record to the Department
or to a student
as | 20 | | may be required by rule.
| 21 | | (11) Failing to fully cooperate with an
investigation | 22 | | by the Department by knowingly
making a false
statement, | 23 | | submitting false or misleading information, or refusing to | 24 | | provide
complete information in response to written | 25 | | interrogatories or a written
request for documentation | 26 | | within 30 days of the request.
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| 1 | | (c) In appropriate cases, the Department
may resolve a | 2 | | complaint against a licensee
through the issuance of a Consent | 3 | | to Administrative Supervision order.
A licensee subject to a | 4 | | Consent to Administrative Supervision order
shall be | 5 | | considered by the Department
as an active licensee in good | 6 | | standing. This order shall not be reported or
considered by the | 7 | | Department
to be a discipline
of the licensee. The records | 8 | | regarding an investigation and a Consent to
Administrative | 9 | | Supervision order
shall be considered confidential and shall | 10 | | not be released by the Department
except
as mandated by law.
A | 11 | | complainant shall be notified if his or her complaint has been | 12 | | resolved
by a Consent to
Administrative Supervision order.
| 13 | | (Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11; | 14 | | 97-877, eff. 8-2-12.)
| 15 | | (225 ILCS 458/20-5)
| 16 | | (Section scheduled to be repealed on January 1, 2022)
| 17 | | Sec. 20-5. Education providers.
| 18 | | (a) Beginning July 1, 2002, only education providers | 19 | | licensed or otherwise approved by the Department
may
provide | 20 | | the qualifying pre-license and continuing education courses | 21 | | required for licensure
under this Act.
| 22 | | (b) A person or entity seeking to be licensed as an | 23 | | education
provider under this Act
shall provide satisfactory | 24 | | evidence of the following:
| 25 | | (1) a sound financial base for establishing, |
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| 1 | | promoting, and delivering the
necessary
courses;
| 2 | | (2) a sufficient number of qualified instructors;
| 3 | | (3) adequate support personnel to assist with | 4 | | administrative matters and
technical
assistance;
| 5 | | (4) a written policy dealing with procedures for | 6 | | management of grievances
and fee refunds;
| 7 | | (5) a qualified administrator, who is responsible for | 8 | | the
administration of the
education provider, courses, and | 9 | | the actions of the instructors; and
| 10 | | (6) any other requirements as provided by rule.
| 11 | | (c) All applicants for an education provider's license | 12 | | shall make initial
application to the Department
on forms | 13 | | provided by the Department
and pay the appropriate fee as
| 14 | | provided by rule. The term, expiration date, and renewal of an | 15 | | education
provider's license shall be established by rule.
| 16 | | (d) An education provider shall provide each successful | 17 | | course participant
with a certificate of
completion signed by | 18 | | the school administrator. The format and content of the
| 19 | | certificate shall be specified by rule.
| 20 | | (e) All education providers shall provide to the Department
| 21 | | a monthly roster of all
successful course
participants as | 22 | | provided by rule.
| 23 | | (Source: P.A. 96-844, eff. 12-23-09 .)
| 24 | | (225 ILCS 458/20-10)
| 25 | | (Section scheduled to be repealed on January 1, 2022)
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| 1 | | Sec. 20-10. Course approval.
| 2 | | (a) Only courses offered by licensed education providers | 3 | | and approved
by the Department, courses approved by the AQB, or | 4 | | courses approved by jurisdictions regulated by the Appraisal | 5 | | Subcommittee
shall be used to meet the requirements of this Act | 6 | | and rules.
| 7 | | (b) An education provider licensed under this Act may | 8 | | submit courses to the Department
for approval.
The criteria, | 9 | | requirements, and fees for courses shall be established
by rule | 10 | | in accordance with
this Act , Title XI, and the criteria | 11 | | established by the AQB.
| 12 | | (c) For each course approved, the Department
shall issue a | 13 | | license to the education
provider. The term, expiration date, | 14 | | and renewal of a course approval shall
be
established by rule.
| 15 | | (d) An education provider must use an instructor for each | 16 | | course approved by the Department who (i) holds a valid real | 17 | | estate appraisal license in good standing as a State certified | 18 | | general real estate appraiser or a State certified residential | 19 | | real estate appraiser in Illinois or any other jurisdiction | 20 | | monitored regulated by the Appraisal Subcommittee, (ii) holds a | 21 | | valid teaching certificate issued by the State of Illinois, | 22 | | (iii) is a faculty member in good standing with an accredited | 23 | | college or university or community college, or (iv) is an | 24 | | approved appraisal instructor from an appraisal organization | 25 | | that is a member of the Appraisal Foundation. | 26 | | (Source: P.A. 96-844, eff. 12-23-09 .)
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| 1 | | (225 ILCS 458/25-10)
| 2 | | (Section scheduled to be repealed on January 1, 2022)
| 3 | | Sec. 25-10. Real Estate Appraisal Administration and | 4 | | Disciplinary Board; appointment.
| 5 | | (a) There is hereby created the Real Estate Appraisal | 6 | | Administration and Disciplinary Board. The Board
shall be | 7 | | composed of 10 persons appointed by the Governor, plus the | 8 | | Coordinator
of
the Real Estate Appraisal Division. Members | 9 | | shall be appointed to the Board
subject to the following | 10 | | conditions:
| 11 | | (1) All appointed members shall have been residents and | 12 | | citizens of this
State for
at least 5 years prior
to the | 13 | | date of appointment.
| 14 | | (2) The appointed membership of the Board should | 15 | | reasonably reflect the
geographic
distribution of the
| 16 | | population of the State.
| 17 | | (3) Four appointed members shall have been actively | 18 | | engaged and currently
licensed as
State
certified general | 19 | | real estate appraisers for a period of not less than 5
| 20 | | years.
| 21 | | (4)
Two appointed members shall have been actively | 22 | | engaged and currently
licensed as
State
certified | 23 | | residential real estate appraisers for a period of
not less | 24 | | than 5 years.
| 25 | | (5)
Two appointed members shall hold a valid license as |
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| 1 | | a
real estate
broker for at least 10 years prior to the | 2 | | date of the appointment, one of whom
shall hold a valid
| 3 | | State certified general real estate appraiser license | 4 | | issued under this Act or a predecessor Act for a period of | 5 | | at
least 5 years prior to the appointment and one of whom | 6 | | shall hold a valid State certified residential real estate | 7 | | appraiser license issued under this Act or a predecessor | 8 | | Act for a period of at
least 5 years prior to the | 9 | | appointment.
| 10 | | (6) One appointed member shall be a representative of a | 11 | | financial
institution, as evidenced by his or her | 12 | | employment with a financial
institution.
| 13 | | (7) One appointed member shall represent the interests | 14 | | of the general
public. This member or his or her spouse | 15 | | shall not be licensed under this Act
nor be employed by or | 16 | | have any interest in an appraisal business, appraisal | 17 | | management company, real estate
brokerage business, or a | 18 | | financial institution.
| 19 | | In making appointments as
provided in paragraphs (3) and | 20 | | (4) of this subsection, the Governor shall
give due | 21 | | consideration to recommendations by members and organizations
| 22 | | representing the profession.
| 23 | | In making the appointments as
provided in paragraph (5) of | 24 | | this subsection, the Governor shall give
due consideration to | 25 | | the recommendations by members and organizations
representing | 26 | | the real estate industry.
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| 1 | | In making the appointment as provided
in paragraph (6) of | 2 | | this subsection, the Governor
shall give due consideration to | 3 | | the recommendations by members and
organizations representing | 4 | | financial institutions.
| 5 | | (b) The term for members of the Board shall be 4 years, and | 6 | | each member shall serve until his or her successor is appointed | 7 | | and qualified. No member shall serve more than 10 years in a | 8 | | lifetime.
| 9 | | (c) The Governor may terminate the appointment of a member | 10 | | for cause that,
in
the opinion of the Governor, reasonably | 11 | | justifies the termination. Cause for
termination may include, | 12 | | without limitation, misconduct, incapacity, neglect of
duty, | 13 | | or missing 4 Board meetings during any one calendar year.
| 14 | | (d) A majority of the Board members shall constitute a
| 15 | | quorum. A vacancy in the membership of the Board shall not | 16 | | impair the right of
a quorum to exercise all of the rights and | 17 | | perform all of the duties of the
Board.
| 18 | | (e) The Board shall meet at least quarterly and may be | 19 | | convened
by the Chairperson, Vice-Chairperson, or 3 members of | 20 | | the Board upon 10 days
written notice.
| 21 | | (f) The Board shall, annually at the first meeting of the | 22 | | fiscal year,
elect a Chairperson and Vice-Chairperson from its
| 23 | | members. The Chairperson shall preside over the meetings and | 24 | | shall coordinate
with the Coordinator
in developing and | 25 | | distributing an agenda for each meeting. In the absence of
the | 26 | | Chairperson, the Vice-Chairperson shall preside over the |
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| 1 | | meeting.
| 2 | | (g) The Coordinator
of the Real Estate Appraisal Division | 3 | | shall serve as
a member of the Board without vote.
| 4 | | (h) The Board shall advise and make recommendations to
the | 5 | | Department
on the education and experience qualifications of | 6 | | any applicant for initial licensure as a State certified | 7 | | general real estate appraiser or a State certified residential | 8 | | real estate appraiser. The Department shall not make any | 9 | | decisions concerning education or experience qualifications of | 10 | | an applicant for initial licensure as a State certified general | 11 | | real estate appraiser or a State certified residential real | 12 | | estate appraiser without having first received the advice and | 13 | | recommendation of the Board and
shall give due consideration to | 14 | | all
such advice and recommendations; however, if the Board does | 15 | | not render advice or make a recommendation within a reasonable | 16 | | amount of time, then the Department may render a decision.
| 17 | | (i) Except as provided in Section 15-17 of this Act, the
| 18 | | Board shall hear and make recommendations to the
Secretary
on
| 19 | | disciplinary matters
that require a formal evidentiary | 20 | | hearing. The Secretary
shall give due
consideration to the
| 21 | | recommendations of the Board involving discipline and | 22 | | questions involving
standards of professional
conduct of | 23 | | licensees.
| 24 | | (j) The Department shall seek and the Board shall provide
| 25 | | recommendations to the Department
consistent with the
| 26 | | provisions
of this Act and for the administration and |
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| 1 | | enforcement of all
rules adopted
pursuant to this Act. The | 2 | | Department
shall give due consideration to
such
| 3 | | recommendations
prior to adopting rules.
| 4 | | (k) The Department shall seek and the Board shall provide
| 5 | | recommendations to the Department
on the approval of all | 6 | | courses
submitted to the Department
pursuant to this Act and | 7 | | the rules adopted pursuant to this Act. The Department shall | 8 | | not approve any courses without having first received the | 9 | | recommendation of the Board and
shall
give due consideration to | 10 | | such
recommendations
prior to approving and licensing courses; | 11 | | however, if the Board does not make a recommendation within a | 12 | | reasonable amount of time, then the Department may approve | 13 | | courses.
| 14 | | (l) Each voting member of the Board shall receive a per | 15 | | diem stipend in an
amount
to be determined by the Secretary. | 16 | | Each member shall be paid his or her necessary expenses while
| 17 | | engaged in the
performance of his or her duties.
| 18 | | (m) Members of the Board shall be immune from suit in an | 19 | | action based upon
any disciplinary
proceedings or other acts | 20 | | performed in good faith as members of the Board.
| 21 | | (n) If the Department disagrees with any advice or | 22 | | recommendation provided by the Board under this Section to the | 23 | | Secretary or the Department, then notice of such disagreement | 24 | | must be provided to the Board by the Department.
| 25 | | (o) Upon resolution adopted at any Board meeting, the | 26 | | exercise of any Board function, power, or duty enumerated in |
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| 1 | | this Section or in subsection (d) of Section 15-10 of this Act | 2 | | may be suspended. The exercise of any suspended function, | 3 | | power, or duty of the Board may be reinstated by a resolution | 4 | | adopted at a subsequent Board meeting. Any resolution adopted | 5 | | pursuant to this Section shall take effect immediately.
| 6 | | (Source: P.A. 96-844, eff. 12-23-09 .)
| 7 | | (225 ILCS 458/25-15)
| 8 | | (Section scheduled to be repealed on January 1, 2022)
| 9 | | Sec. 25-15. Coordinator
of Real Estate Appraisal; | 10 | | appointment;
duties. The Secretary shall appoint, subject to | 11 | | the Personnel Code, a Coordinator of Real Estate Appraisal. In | 12 | | appointing the Coordinator, the Secretary shall give due | 13 | | consideration to recommendations made by members, | 14 | | organizations, and associations of the real estate appraisal | 15 | | industry. On or after January 1, 2010, the Coordinator must | 16 | | hold a current, valid State certified general real estate | 17 | | appraiser license . The Coordinator shall not practice or a | 18 | | State certified residential real estate appraiser license, | 19 | | which shall be surrendered to the Department during the term of | 20 | | his or her appointment. The Coordinator must take the 30-hour | 21 | | National Instructors Course on Uniform Standards of | 22 | | Professional Appraisal Practice. The Coordinator Coordinator's | 23 | | license shall be returned in the same status as it was on the | 24 | | date of surrender, credited with all fees that came due during | 25 | | his or her employment.
The Coordinator
shall:
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| | | SB3044 Enrolled | - 57 - | LRB098 17651 ZMM 52764 b |
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| 1 | | (1) serve as a member of the Real Estate Appraisal | 2 | | Administration and Disciplinary Board without vote;
| 3 | | (2) be the direct liaison between the Department, the | 4 | | profession, and the real
estate appraisal industry
| 5 | | organizations and associations;
| 6 | | (3) prepare and circulate to licensees such | 7 | | educational and informational
material as the Department
| 8 | | deems necessary for providing guidance or assistance to | 9 | | licensees;
| 10 | | (4) appoint necessary committees to assist in the | 11 | | performance of the
functions and duties
of the Department
| 12 | | under this Act;
| 13 | | (5) (blank); and | 14 | | (6) be authorized to investigate and determine the | 15 | | facts of a complaint; the coordinator may interview | 16 | | witnesses, the complainant, and any licensees involved in | 17 | | the alleged matter and make a recommendation as to the | 18 | | findings of fact.
| 19 | | (Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
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