Full Text of HB3528 100th General Assembly
HB3528enr 100TH 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, 5-5, 5-10, 5-27, 5-28, 5-50, 5-70, | 6 | | 5-75, 5-80, 20-20, 20-60, 25-10, 30-5, 30-15, 30-20, and 30-25 | 7 | | and the heading of Article 30 as follows:
| 8 | | (225 ILCS 454/1-10)
| 9 | | (Section scheduled to be repealed on January 1, 2020)
| 10 | | Sec. 1-10. Definitions. In this Act, unless the context | 11 | | otherwise requires:
| 12 | | "Act" means the Real Estate License Act of 2000.
| 13 | | "Address of record" means the designated address recorded | 14 | | by the Department in the applicant's or licensee's application | 15 | | file or license file as maintained by the Department's | 16 | | licensure maintenance unit. It is the duty of the applicant or | 17 | | licensee to inform the Department of any change of address, and | 18 | | those changes must be made either through the Department's | 19 | | website or by contacting the Department. | 20 | | "Advisory Council" means the Real Estate Education | 21 | | Advisory Council created
under Section 30-10 of this Act.
| 22 | | "Agency" means a relationship in which a broker or | 23 | | licensee,
whether directly or through an affiliated licensee, |
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| 1 | | represents a consumer by
the consumer's consent, whether | 2 | | express or implied, in a real property
transaction.
| 3 | | "Applicant" means any person, as defined in this Section, | 4 | | who applies to
the Department for a valid license as a managing | 5 | | broker, broker, or
leasing agent.
| 6 | | "Blind advertisement" means any real estate advertisement | 7 | | that does not
include the sponsoring broker's business name and | 8 | | that is used by any licensee
regarding the sale or lease of | 9 | | real estate, including his or her own, licensed
activities, or | 10 | | the hiring of any licensee under this Act. The broker's
| 11 | | business name in the case of a franchise shall include the | 12 | | franchise
affiliation as well as the name of the individual | 13 | | firm.
| 14 | | "Board" means the Real Estate Administration and | 15 | | Disciplinary Board of the Department as created by Section | 16 | | 25-10 of this Act.
| 17 | | "Branch office" means a sponsoring broker's office other | 18 | | than the sponsoring
broker's principal office.
| 19 | | "Broker" means an individual, partnership, limited | 20 | | liability company,
corporation, or registered limited | 21 | | liability partnership other than a leasing agent who, whether | 22 | | in person or through any media or technology, for another and | 23 | | for compensation, or
with the intention or expectation of | 24 | | receiving compensation, either
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,
rent, 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, rents, leases, or offers for sale or lease | 24 | | real 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 | | "Education provider" means a school licensed by the | 23 | | Department offering courses in pre-license, post-license, or | 24 | | continuing education required by this Act. | 25 | | "Employee" or other derivative of the word "employee", when | 26 | | used to refer to,
describe, or delineate the relationship |
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| 1 | | between a sponsoring broker and a managing broker, broker, or a | 2 | | leasing agent, shall be
construed to include an independent | 3 | | contractor relationship, provided that a
written agreement | 4 | | exists that clearly establishes and states the relationship.
| 5 | | All responsibilities of a broker shall remain.
| 6 | | "Escrow moneys" means all moneys, promissory notes or any | 7 | | other type or
manner of legal tender or financial consideration | 8 | | deposited with any person for
the benefit of the parties to the | 9 | | transaction. A transaction exists once an
agreement has been | 10 | | reached and an accepted real estate contract signed or lease
| 11 | | agreed to by the parties. Escrow moneys includes without | 12 | | limitation earnest
moneys and security deposits, except those | 13 | | security deposits in which the
person holding the security | 14 | | deposit is also the sole owner of the property
being leased and | 15 | | for which the security deposit is being held.
| 16 | | "Electronic means of proctoring" means a methodology | 17 | | providing assurance that the person taking a test and | 18 | | completing the answers to questions is the person seeking | 19 | | licensure or credit for continuing education and is doing so | 20 | | without the aid of a third party or other device. | 21 | | "Exclusive brokerage agreement" means a written brokerage | 22 | | agreement that provides that the sponsoring broker has the sole | 23 | | right, through one or more sponsored licensees, to act as the | 24 | | exclusive designated agent or representative of the client and | 25 | | that meets the requirements of Section 15-75 of this Act.
| 26 | | "Inoperative" means a status of licensure where the |
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| 1 | | licensee holds a current
license under this Act, but the | 2 | | licensee is prohibited from engaging in
licensed activities | 3 | | because the licensee is unsponsored or the license of the
| 4 | | sponsoring broker with whom the licensee is associated or by | 5 | | whom he or she is
employed is currently expired, revoked, | 6 | | suspended, or otherwise rendered
invalid under this Act.
| 7 | | "Interactive delivery method" means delivery of a course by | 8 | | an instructor through a medium allowing for 2-way communication | 9 | | between the instructor and a student in which either can | 10 | | initiate or respond to questions. | 11 | | "Leads" means the name or names of a potential buyer, | 12 | | seller, lessor, lessee, or client of a licensee. | 13 | | "Leasing Agent" means a person who is employed by a broker | 14 | | to
engage in licensed activities limited to leasing residential | 15 | | real estate who
has obtained a license as provided for in | 16 | | Section 5-5 of this Act.
| 17 | | "License" means the document issued by the Department | 18 | | certifying that the person named
thereon has fulfilled all | 19 | | requirements prerequisite to licensure under this
Act.
| 20 | | "Licensed activities" means those activities listed in the | 21 | | definition of
"broker" under this Section.
| 22 | | "Licensee" means any person, as defined in this Section, | 23 | | who holds a
valid unexpired license as a managing broker, | 24 | | broker, or
leasing agent.
| 25 | | "Listing presentation" means a communication between a | 26 | | managing broker or
broker and a consumer in which the licensee |
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| 1 | | is attempting to secure a
brokerage agreement with the consumer | 2 | | to market the consumer's real estate for
sale or lease.
| 3 | | "Managing broker" means a broker who has supervisory | 4 | | responsibilities for
licensees in one or, in the case of a | 5 | | multi-office company, more than one
office and who has been | 6 | | appointed as such by the sponsoring broker.
| 7 | | "Medium of advertising" means any method of communication | 8 | | intended to
influence the general public to use or purchase a | 9 | | particular good or service or
real estate.
| 10 | | "Ministerial acts" means those acts that a licensee may | 11 | | perform for a
consumer that are informative or clerical in | 12 | | nature and do not rise to the
level of active representation on | 13 | | behalf of a consumer. Examples of these acts
include without | 14 | | limitation (i) responding to phone inquiries by consumers as to
| 15 | | the availability and pricing of brokerage services, (ii) | 16 | | responding to phone
inquiries from a consumer concerning the | 17 | | price or location of property, (iii)
attending an open house | 18 | | and responding to questions about the property from a
consumer, | 19 | | (iv) setting an appointment to view property, (v) responding to
| 20 | | questions of consumers walking into a licensee's office | 21 | | concerning brokerage
services offered or particular | 22 | | properties, (vi) accompanying an appraiser,
inspector, | 23 | | contractor, or similar third party on a visit to a property, | 24 | | (vii)
describing a property or the property's condition in | 25 | | response to a consumer's
inquiry, (viii) completing business or | 26 | | factual information for a consumer on an
offer or contract to |
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| 1 | | purchase on behalf of a client, (ix) showing a client
through a | 2 | | property being sold by an owner on his or her own behalf, or | 3 | | (x)
referral to another broker or service provider.
| 4 | | "Office" means a broker's place of business where the | 5 | | general
public is invited to transact business and where | 6 | | records may be maintained and
licenses displayed, whether or | 7 | | not it is the broker's principal place of
business.
| 8 | | "Person" means and includes individuals, entities, | 9 | | corporations, limited
liability companies, registered limited | 10 | | liability partnerships, and
partnerships, foreign or domestic, | 11 | | except that when the context otherwise
requires, the term may | 12 | | refer to a single individual or other described entity.
| 13 | | "Personal assistant" means a licensed or unlicensed person | 14 | | who has been hired
for the purpose of aiding or assisting a | 15 | | sponsored licensee in the performance
of the sponsored | 16 | | licensee's job.
| 17 | | "Pocket card" means the card issued by the Department to | 18 | | signify that the person named
on the card is currently licensed | 19 | | under this Act.
| 20 | | "Pre-license school" means a school licensed by the | 21 | | Department offering courses in
subjects related to real estate | 22 | | transactions, including the subjects upon
which an applicant is | 23 | | examined in determining fitness to receive a license.
| 24 | | "Pre-renewal period" means the period between the date of | 25 | | issue of a
currently valid license and the license's expiration | 26 | | date.
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| 1 | | "Proctor" means any person, including, but not limited to, | 2 | | an instructor, who has a written agreement to administer | 3 | | examinations fairly and impartially with a licensed | 4 | | pre-license school or a licensed continuing education provider | 5 | | school . | 6 | | "Real estate" means and includes leaseholds as well as any | 7 | | other interest or
estate in land, whether corporeal, | 8 | | incorporeal, freehold, or non-freehold,
including timeshare | 9 | | interests, and whether the real estate is situated in this
| 10 | | State or elsewhere.
| 11 | | "Regular employee" means a person working an average of 20 | 12 | | hours per week for a person or entity who would be considered | 13 | | as an employee under the Internal Revenue Service eleven main | 14 | | tests in three categories being behavioral control, financial | 15 | | control and the type of relationship of the parties, formerly | 16 | | the twenty factor test.
| 17 | | "Secretary" means the Secretary of the Department of | 18 | | Financial and Professional Regulation, or a person authorized | 19 | | by the Secretary to act in the Secretary's stead. | 20 | | "Sponsoring broker" means the broker who has issued a | 21 | | sponsor card to a
licensed managing broker, broker, or a | 22 | | leasing agent.
| 23 | | "Sponsor card" means the temporary permit issued by the | 24 | | sponsoring broker certifying that the managing broker, broker,
| 25 | | or leasing agent named thereon is employed by or associated by | 26 | | written
agreement with the sponsoring broker, as provided for |
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| 1 | | in Section
5-40 of this Act.
| 2 | | (Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15; | 3 | | 99-227, eff. 8-3-15.)
| 4 | | (225 ILCS 454/5-5)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 5-5. Leasing agent license.
| 7 | | (a) The purpose of this Section is to provide for a limited | 8 | | scope license to
enable persons who
wish to engage in | 9 | | activities limited to the leasing of residential real
property | 10 | | for which a license is
required under this Act, and only those | 11 | | activities, to do so by obtaining the
license provided for
| 12 | | under this Section.
| 13 | | (b) Notwithstanding the other provisions of this Act, there | 14 | | is hereby
created a leasing agent
license that shall enable the | 15 | | licensee to engage only in residential leasing
activities for | 16 | | which a
license is required under this Act. Such activities | 17 | | include without
limitation leasing or renting
residential real | 18 | | property, or attempting, offering, or negotiating to lease or
| 19 | | rent residential real property, or
supervising the collection, | 20 | | offer, attempt, or agreement to collect rent for
the use of
| 21 | | residential real
property. Nothing in this
Section shall be | 22 | | construed to require a licensed managing broker or
broker to | 23 | | obtain a leasing
agent license in order to perform leasing | 24 | | activities for which a license is
required under this Act. | 25 | | Licensed leasing agents, including those operating under |
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| 1 | | subsection (d), may engage in activities enumerated within the | 2 | | definition of "leasing agent" in Section 1-10 of this Act and | 3 | | may not engage in any activity that would otherwise require a | 4 | | broker's license, including, but not limited to, selling, | 5 | | offering for sale, negotiating for sale, listing or showing for | 6 | | sale, or referring for sale or commercial lease real estate.
| 7 | | Licensed leasing agents must be sponsored and employed by a | 8 | | sponsoring broker.
| 9 | | (c) The Department, by rule and in accordance with this | 10 | | Act, shall provide for the
licensing of leasing
agents, | 11 | | including the issuance, renewal, and administration of | 12 | | licenses.
| 13 | | (d) Notwithstanding any other provisions of this Act to the | 14 | | contrary, a
person may engage in
residential leasing activities | 15 | | for which a license is required under this Act,
for a period of | 16 | | 120
consecutive days without being licensed, so long as the | 17 | | person is acting under
the supervision of a
sponsoring broker , | 18 | | and the sponsoring broker has notified the Department that the | 19 | | person is
pursuing licensure
under this Section , and the person | 20 | | has enrolled in the leasing agent pre-license education course | 21 | | no later than 60 days after beginning to engage in residential | 22 | | leasing activities . During the 120-day 120 day period all | 23 | | requirements of Sections
5-10
and 5-65 of this Act
with respect | 24 | | to education, successful completion of an examination, and the
| 25 | | payment of all required
fees must be satisfied. The Department | 26 | | may adopt rules to ensure that the provisions of
this |
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| 1 | | subsection are
not used in a manner that enables an unlicensed | 2 | | person to repeatedly or
continually engage in
activities for | 3 | | which a license is required under this Act.
| 4 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 5 | | (225 ILCS 454/5-10)
| 6 | | (Section scheduled to be repealed on January 1, 2020)
| 7 | | Sec. 5-10. Requirements for license as leasing agent ; | 8 | | continuing education . | 9 | | (a) Every applicant for licensure as a leasing agent must | 10 | | meet the following qualifications: | 11 | | (1) be at least 18 years of age; | 12 | | (2) be of good moral
character; | 13 | | (3) successfully complete
a 4-year course of study in a | 14 | | high school or secondary school or an
equivalent course of
| 15 | | study approved by the Illinois State Board of Education; | 16 | | (4) personally take and pass a written
examination | 17 | | authorized by the Department sufficient to demonstrate the | 18 | | applicant's
knowledge of the
provisions of this Act | 19 | | relating to leasing agents and the applicant's
competence | 20 | | to engage in the
activities of a licensed leasing agent; | 21 | | (5) provide satisfactory evidence of having completed | 22 | | 15 hours of
instruction in an approved course of study | 23 | | relating to the leasing of residential real property. The | 24 | | Board shall recommend to the Department the number of hours | 25 | | each topic of study shall require. The
course of study |
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| 1 | | shall, among other topics, cover
the provisions of this Act
| 2 | | applicable to leasing agents; fair housing issues relating | 3 | | to residential
leasing; advertising and marketing issues;
| 4 | | leases, applications, and credit reports; owner-tenant | 5 | | relationships and
owner-tenant laws; the handling of | 6 | | funds; and
environmental issues relating
to residential | 7 | | real
property; | 8 | | (6) complete any other requirements as set forth by | 9 | | rule; and
| 10 | | (7) present a valid application for issuance of an | 11 | | initial license accompanied by a sponsor card and the fees | 12 | | specified by rule. | 13 | | (b) No applicant shall engage in any of the activities | 14 | | covered by this Act until a valid sponsor card has been issued | 15 | | to such applicant. The sponsor card shall be valid for a | 16 | | maximum period of 45 days after the date of issuance unless | 17 | | extended for good cause as provided by rule. | 18 | | (c) Successfully completed course work, completed pursuant | 19 | | to the
requirements of this
Section, may be applied to the | 20 | | course work requirements to obtain a managing
broker's or
| 21 | | broker's license as provided by rule. The Board Advisory | 22 | | Council may
recommend through the
Board to the Department and | 23 | | the Department may adopt requirements for approved courses, | 24 | | course
content, and the
approval of courses, instructors, and | 25 | | education providers schools , as well as education provider | 26 | | school and instructor
fees. The Department may
establish |
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| 1 | | continuing education requirements for licensed leasing agents, | 2 | | by
rule , consistent with the language and intent of this Act , | 3 | | with the advice of
the Advisory Council and Board.
| 4 | | (d) The continuing education requirement for leasing | 5 | | agents shall consist of a single core curriculum to be | 6 | | established by the Department as recommended by the Board. | 7 | | Leasing agents shall be required to complete no less than 6 | 8 | | hours of continuing education in the core curriculum for each | 9 | | 2-year renewal period. | 10 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 11 | | (225 ILCS 454/5-27) | 12 | | (Section scheduled to be repealed on January 1, 2020) | 13 | | Sec. 5-27. Requirements for licensure as a broker. | 14 | | (a) Every applicant for licensure as a broker must meet the | 15 | | following qualifications: | 16 | | (1) Be at least 21 years of age. The After April 30, | 17 | | 2011, the minimum age of 21 years shall be waived for any | 18 | | person seeking a license as a broker who has attained the | 19 | | age of 18 and can provide evidence of the successful | 20 | | completion of at least 4 semesters of post-secondary school | 21 | | study as a full-time student or the equivalent, with major | 22 | | emphasis on real estate courses, in a school approved by | 23 | | the Department; | 24 | | (2) Be of good moral character; | 25 | | (3) Successfully complete a 4-year course of study in a |
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| 1 | | high school or secondary school approved by the Illinois | 2 | | State Board of Education or an equivalent course of study | 3 | | as determined by an examination conducted by the Illinois | 4 | | State Board of Education which shall be verified under oath | 5 | | by the applicant; | 6 | | (4) (Blank); | 7 | | (5) Provide After April 30, 2011, provide satisfactory | 8 | | evidence of having completed 90 hours of instruction in | 9 | | real estate courses approved by the Department Advisory | 10 | | Council , 15 hours of which must consist of situational and | 11 | | case studies presented in the classroom or by live, other | 12 | | interactive webinar or online distance education courses | 13 | | delivery method between the instructor and the students ; | 14 | | (6) Personally take and pass a written examination | 15 | | authorized by the Department; | 16 | | (7) Present a valid application for issuance of a | 17 | | license accompanied by a sponsor card and the fees | 18 | | specified by rule. | 19 | | (b) The requirements specified in items (3) and (5) of | 20 | | subsection (a) of this Section do not apply to applicants who | 21 | | are currently admitted to practice law by the Supreme Court of | 22 | | Illinois and are currently in active standing. | 23 | | (c) No applicant shall engage in any of the activities | 24 | | covered by this Act until a valid sponsor card has been issued | 25 | | to such applicant. The sponsor card shall be valid for a | 26 | | maximum period of 45 days after the date of issuance unless |
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| 1 | | extended for good cause as provided by rule. | 2 | | (d) All licenses should be readily available to the public | 3 | | at their place of business.
| 4 | | (e) An individual holding an active license as a managing | 5 | | broker may return the license to the Department along with a | 6 | | form provided by the Department and shall be issued a broker's | 7 | | license in exchange. Any individual obtaining a broker's | 8 | | license under this subsection (e) shall be considered as having | 9 | | obtained a broker's license by education and passing the | 10 | | required test and shall be treated as such in determining | 11 | | compliance with this Act. | 12 | | (Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15; | 13 | | 99-227, eff. 8-3-15.) | 14 | | (225 ILCS 454/5-28) | 15 | | (Section scheduled to be repealed on January 1, 2020) | 16 | | Sec. 5-28. Requirements for licensure as a managing broker. | 17 | | (a) Every Effective May 1, 2012, every applicant for | 18 | | licensure as a managing broker must meet the following | 19 | | qualifications: | 20 | | (1) be at least 21 years of age; | 21 | | (2) be of good moral character; | 22 | | (3) have been licensed at least 2 out of the preceding | 23 | | 3 years as a broker; | 24 | | (4) successfully complete a 4-year course of study in | 25 | | high school or secondary school approved by the Illinois |
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| 1 | | State Board of Education or an equivalent course of study | 2 | | as determined by an examination conducted by the Illinois | 3 | | State Board of Education, which shall be verified under | 4 | | oath by the applicant; | 5 | | (5) provide satisfactory evidence of having completed | 6 | | at least 165 hours, 120 of which shall be those hours | 7 | | required pre and post-licensure to obtain a broker's | 8 | | license, and 45 additional hours completed within the year | 9 | | immediately preceding the filing of an application for a | 10 | | managing broker's license, which hours shall focus on | 11 | | brokerage administration and management and leasing agent | 12 | | management and include at least 15 hours in the classroom | 13 | | or by live, other interactive webinar or online distance | 14 | | education courses delivery method between the instructor | 15 | | and the students ; | 16 | | (6) personally take and pass a written examination | 17 | | authorized by the Department; and | 18 | | (7) present a valid application for issuance of a | 19 | | license accompanied by a sponsor card, an appointment as a | 20 | | managing broker, and the fees specified by rule. | 21 | | (b) The requirements specified in item (5) of subsection | 22 | | (a) of this Section do not apply to applicants who are | 23 | | currently admitted to practice law by the Supreme Court of | 24 | | Illinois and are currently in active standing. | 25 | | (c) No applicant shall act as a managing broker for more | 26 | | than 90 days after an appointment as a managing broker has been |
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| 1 | | filed with the Department without obtaining a managing broker's | 2 | | license.
| 3 | | (Source: P.A. 98-531, eff. 8-23-13; 99-227, eff. 8-3-15.)
| 4 | | (225 ILCS 454/5-50)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 5-50. Expiration and renewal of managing broker, | 7 | | broker, or
leasing agent license; sponsoring broker;
register | 8 | | of licensees; pocket card. | 9 | | (a) The expiration date and renewal period for each license | 10 | | issued under
this Act shall be set by
rule. Except as otherwise | 11 | | provided in this Section, the holder of
a
license may renew
the | 12 | | license within 90 days preceding the expiration date thereof by | 13 | | completing the continuing education required by this Act and | 14 | | paying the
fees specified by
rule.
| 15 | | (b) An individual whose first license is that of a broker | 16 | | received on or after the effective date of this amendatory Act | 17 | | of the 100th General Assembly April 30, 2011 , must provide | 18 | | evidence of having completed 30 hours of post-license education | 19 | | in courses recommended approved by the Board and approved by | 20 | | the Department Advisory Council , 15 hours of which must consist | 21 | | of situational and case studies presented in a the classroom or | 22 | | a live, interactive webinar, online distance education course, | 23 | | or home study course. Credit for courses taken through a home | 24 | | study course shall require passage of or by other interactive | 25 | | delivery method between the instructor and the students, and |
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| 1 | | personally take and pass an examination approved by the | 2 | | Department prior to the first renewal of their broker's | 3 | | license.
| 4 | | (c) Any managing broker, broker, or leasing agent whose | 5 | | license under this Act has expired shall be eligible to renew | 6 | | the license during the 2-year period following the expiration | 7 | | date, provided the managing broker, broker, or leasing agent | 8 | | pays the fees as prescribed by rule and completes continuing | 9 | | education and other requirements provided for by the Act or by | 10 | | rule. Beginning on May 1, 2012, a managing broker licensee, | 11 | | broker, or leasing agent whose license has been expired for | 12 | | more than 2 years but less than 5 years may have it restored by | 13 | | (i) applying to the Department, (ii) paying the required fee, | 14 | | (iii) completing the continuing education requirements for the | 15 | | most recent pre-renewal period that ended prior to the date of | 16 | | the application for reinstatement, and (iv) filing acceptable | 17 | | proof of fitness to have his or her license restored, as set by | 18 | | rule. A managing broker, broker, or leasing agent whose license | 19 | | has been expired for more than 5 years shall be required to | 20 | | meet the requirements for a new license.
| 21 | | (d) Notwithstanding any other provisions of this Act to the | 22 | | contrary, any managing broker, broker, or leasing agent whose | 23 | | license expired while he or she was (i) on active duty with the | 24 | | Armed Forces of the United States or called into service or | 25 | | training by the state militia, (ii) engaged in training or | 26 | | education under the supervision of the United States |
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| 1 | | preliminary to induction into military service, or (iii) | 2 | | serving as the Coordinator of Real Estate in the State of | 3 | | Illinois or as an employee of the Department may have his or | 4 | | her license renewed, reinstated or restored without paying any | 5 | | lapsed renewal fees if within 2 years after the termination of | 6 | | the service, training or education by furnishing the Department | 7 | | with satisfactory evidence of service, training, or education | 8 | | and it has been terminated under honorable conditions. | 9 | | (e) The Department shall establish and
maintain a register | 10 | | of all persons currently licensed by the
State and shall issue | 11 | | and prescribe a form of pocket card. Upon payment by a licensee | 12 | | of the appropriate fee as prescribed by
rule for engagement in | 13 | | the activity for which the licensee is
qualified and holds a | 14 | | license for the current period, the
Department shall issue a | 15 | | pocket card to the licensee. The
pocket card shall be | 16 | | verification that the required fee for the
current period has | 17 | | been paid and shall indicate that the person named thereon is | 18 | | licensed for the current renewal period as a
managing broker, | 19 | | broker, or leasing agent as the
case may be. The pocket card | 20 | | shall further indicate that the
person named thereon is | 21 | | authorized by the Department to
engage in the licensed activity | 22 | | appropriate for his or her
status (managing broker, broker, or | 23 | | leasing
agent). Each licensee shall carry on his or her person | 24 | | his or
her pocket card or, if such pocket card has not yet been
| 25 | | issued, a properly issued sponsor card when engaging in any
| 26 | | licensed activity and shall display the same on demand. |
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| 1 | | (f) The Department shall provide to the sponsoring broker a | 2 | | notice of renewal for all sponsored licensees by mailing the | 3 | | notice to the sponsoring broker's address of record, or, at the | 4 | | Department's discretion, by an electronic means as provided for | 5 | | by rule. | 6 | | (g) Upon request from the sponsoring broker, the Department | 7 | | shall make available to the sponsoring broker, either by mail | 8 | | or by an electronic means at the discretion of the Department, | 9 | | a listing of licensees under this Act who, according to the | 10 | | records of the Department, are sponsored by that broker. Every | 11 | | licensee associated with or employed by a broker whose license | 12 | | is revoked, suspended, terminated, or expired shall be | 13 | | considered as inoperative until such time as the sponsoring | 14 | | broker's license is reinstated or renewed, or the licensee | 15 | | changes employment as set forth in subsection (c) of Section | 16 | | 5-40 of this Act. | 17 | | (Source: P.A. 98-531, eff. 8-23-13; 99-227, eff. 8-3-15.)
| 18 | | (225 ILCS 454/5-70)
| 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 5-70. Continuing education requirement; managing | 21 | | broker or broker.
| 22 | | (a) The requirements of this Section apply to all managing | 23 | | brokers and brokers.
| 24 | | (b) Except as otherwise
provided in this Section, each
| 25 | | person who applies for renewal of his or her license as a |
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| 1 | | managing broker or broker must successfully complete 6 hours of | 2 | | real estate continuing education
courses recommended by the | 3 | | Board and approved by
the Department Advisory Council for each | 4 | | year of the pre-renewal period. In addition, beginning with the | 5 | | pre-renewal period for managing broker licensees that begins | 6 | | after the effective date of this Act, those licensees renewing | 7 | | or obtaining a managing broker's license must successfully | 8 | | complete a 12-hour broker management continuing education | 9 | | course approved by the Department each pre-renewal period. The | 10 | | broker management continuing education course must be | 11 | | completed in the classroom or by other interactive delivery | 12 | | method between the instructor and the students. Successful | 13 | | completion of the course shall include achieving a passing | 14 | | score as provided by rule on a test developed and administered | 15 | | in accordance with rules adopted by the Department. No
license | 16 | | may be renewed
except upon the successful completion of the | 17 | | required courses or their
equivalent or upon a waiver
of those | 18 | | requirements for good cause shown as determined by the | 19 | | Secretary
with the
recommendation of the Board Advisory | 20 | | Council .
The requirements of this Article are applicable to all | 21 | | managing brokers and brokers
except those managing brokers
and | 22 | | brokers who, during the pre-renewal period:
| 23 | | (1) serve in the armed services of the United States;
| 24 | | (2) serve as an elected State or federal official;
| 25 | | (3) serve as a full-time employee of the Department; or
| 26 | | (4) are admitted to practice law pursuant to Illinois |
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| 1 | | Supreme Court rule.
| 2 | | (c) (Blank). | 3 | | (d) A
person receiving an initial license
during the 90 | 4 | | days before the renewal date shall not be
required to complete | 5 | | the continuing
education courses provided for in subsection (b) | 6 | | of this
Section as a condition of initial license renewal.
| 7 | | (e) The continuing education requirement for brokers and | 8 | | managing brokers shall
consist of a single core
curriculum and | 9 | | an elective curriculum, to be recommended established by the | 10 | | Board and approved by the Department in accordance with this | 11 | | subsection. The core curriculum shall not be further divided | 12 | | into subcategories or divisions of instruction. The core | 13 | | curriculum shall consist of 4 hours per 2-year Advisory
| 14 | | Council . In meeting the
continuing education requirements of | 15 | | this Act, at least 3 hours per year or
their equivalent, 6 | 16 | | hours for each two-year pre-renewal period on subjects that may | 17 | | include, but are not limited to, advertising, agency, | 18 | | disclosures, escrow, fair housing, leasing agent management, | 19 | | and license law. The amount of time allotted to each of these | 20 | | subjects shall be recommended by the Board and determined by | 21 | | the Department , shall
be required to be completed in the core | 22 | | curriculum . The Department, upon the recommendation of the | 23 | | Board, shall review the core curriculum every 4 years, at a | 24 | | minimum, and shall revise the curriculum if necessary. However, | 25 | | the core curriculum's total hourly requirement shall only be | 26 | | subject to change by amendment of this subsection, and any |
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| 1 | | change to the core curriculum shall not be effective for a | 2 | | period of 6 months after such change is made by the Department. | 3 | | The Department shall provide notice to all approved education | 4 | | providers of any changes to the core curriculum. When | 5 | | determining whether revisions of the core curriculum's | 6 | | subjects or specific time requirements are necessary
In | 7 | | establishing the core curriculum , the Board Advisory Council | 8 | | shall consider
subjects that will
educate licensees on recent | 9 | | changes in applicable laws , and new laws , and refresh
the | 10 | | licensee on areas
of the license law and the Department policy | 11 | | that the Board Advisory Council deems appropriate,
and any | 12 | | other subject
areas the Board that the Advisory Council deems | 13 | | timely and applicable in order to prevent
violations of this | 14 | | Act
and to protect the public.
In establishing a recommendation | 15 | | to the Department regarding the elective curriculum, the Board | 16 | | Advisory Council shall consider
subjects that cover
the various | 17 | | aspects of the practice of real estate that are covered under | 18 | | the
scope of this Act.
However, the elective curriculum shall | 19 | | not include any offerings referred to in
Section 5-85 of this | 20 | | Act.
| 21 | | (f) The subject areas of continuing education courses | 22 | | recommended by the Board and approved by the Department shall | 23 | | be meant to protect the professionalism of the industry, the | 24 | | consumer, and the public and prevent violations of this Act and
| 25 | | Advisory Council may
include without limitation the following:
| 26 | | (1) license law and escrow;
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| 1 | | (2) antitrust;
| 2 | | (3) fair housing;
| 3 | | (4) agency;
| 4 | | (5) appraisal;
| 5 | | (6) property management;
| 6 | | (7) residential brokerage;
| 7 | | (8) farm property management;
| 8 | | (9) rights and duties of sellers, buyers, and brokers;
| 9 | | (10) commercial brokerage and leasing; and
| 10 | | (11) real estate financing ; .
| 11 | | (12) disclosures; | 12 | | (13) leasing agent management; and | 13 | | (14) advertising. | 14 | | (g) In lieu of credit for those courses listed in | 15 | | subsection (f) of this
Section, credit may be
earned for | 16 | | serving as a licensed instructor in an approved course of | 17 | | continuing
education. The
amount of credit earned for teaching | 18 | | a course shall be the amount of continuing
education credit for
| 19 | | which the course is approved for licensees taking the course.
| 20 | | (h) Credit hours may be earned for self-study programs | 21 | | approved by the Department
Advisory Council .
| 22 | | (i) A managing broker or broker may earn credit for a | 23 | | specific continuing
education course only
once during the | 24 | | pre-renewal prerenewal period.
| 25 | | (j) No more than 6 hours of continuing education credit may | 26 | | be taken in one
calendar day.
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| 1 | | (k) To promote the offering of a uniform and consistent | 2 | | course content, the Department may provide for the development | 3 | | of a single broker management course to be offered by all | 4 | | continuing education providers who choose to offer the broker | 5 | | management continuing education course. The Department may | 6 | | contract for the development of the 12-hour broker management | 7 | | continuing education course with an outside vendor or | 8 | | consultant and, if the course is developed in this manner, the | 9 | | Department or the outside consultant shall license the use of | 10 | | that course to all approved continuing education providers who | 11 | | wish to provide the course.
| 12 | | (l) Except as specifically provided in this Act, continuing | 13 | | education credit hours may not be earned for completion of pre | 14 | | or post-license courses. The approved 30-hour post-license | 15 | | course for broker licensees shall satisfy the continuing | 16 | | education requirement for the pre-renewal period in which the | 17 | | course is taken. The approved 45-hour brokerage administration | 18 | | and management course shall satisfy the 12-hour broker | 19 | | management continuing education requirement for the | 20 | | pre-renewal period in which the course is taken. | 21 | | (Source: P.A. 98-531, eff. 8-23-13; 99-227, eff. 8-3-15; | 22 | | 99-728, eff. 1-1-17 .)
| 23 | | (225 ILCS 454/5-75)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
| 25 | | Sec. 5-75. Out-of-state continuing education credit. If a |
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| 1 | | renewal applicant has earned continuing education hours in | 2 | | another state
or territory for which
he or she is claiming | 3 | | credit toward full compliance in Illinois, the Board Advisory
| 4 | | Council shall review and recommend to the Department whether it | 5 | | should ,
approve , or disapprove those hours based upon whether | 6 | | the course is one that
would be approved
under Section 5-70 of | 7 | | this Act, whether the course meets the basic requirements
for
| 8 | | continuing education under
this Act, and any other criteria | 9 | | that is provided by statute or rule.
| 10 | | (Source: P.A. 91-245, eff. 12-31-99 .)
| 11 | | (225 ILCS 454/5-80)
| 12 | | (Section scheduled to be repealed on January 1, 2020)
| 13 | | Sec. 5-80. Evidence of compliance with continuing | 14 | | education requirements.
| 15 | | (a) Each renewal applicant shall certify, on his or her | 16 | | renewal application,
full compliance with
continuing education | 17 | | requirements set forth in Section 5-70. The continuing
| 18 | | education provider school shall
retain and submit to the | 19 | | Department after the completion of each course evidence of | 20 | | those
successfully
completing the course as provided by rule.
| 21 | | (b) The Department may require additional evidence | 22 | | demonstrating compliance with the
continuing
education | 23 | | requirements. The renewal applicant shall retain and produce | 24 | | the
evidence of
compliance upon request of the Department.
| 25 | | (Source: P.A. 96-856, eff. 12-31-09.)
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| 1 | | (225 ILCS 454/20-20)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 20-20. Grounds for discipline. | 4 | | (a) The Department may refuse to issue or renew a license, | 5 | | may place on probation, suspend,
or
revoke any
license, | 6 | | reprimand, or take any other disciplinary or non-disciplinary | 7 | | action as the Department may deem proper and impose a
fine not | 8 | | to exceed
$25,000 upon any licensee or applicant under this Act | 9 | | or any person who holds himself or herself out as an applicant | 10 | | or licensee or against a licensee in handling his or her own | 11 | | property, whether held by deed, option, or otherwise, for any | 12 | | one or any combination of the
following causes:
| 13 | | (1) Fraud or misrepresentation in applying for, or | 14 | | procuring, a license under this Act or in connection with | 15 | | applying for renewal of a license under this Act.
| 16 | | (2) The conviction of or plea of guilty or plea of nolo | 17 | | contendere to a felony or misdemeanor in this State or any | 18 | | other jurisdiction; or the entry of an administrative | 19 | | sanction by a government agency in this State or any other | 20 | | jurisdiction. Action taken under this paragraph (2) for a | 21 | | misdemeanor or an administrative sanction is limited to a | 22 | | misdemeanor or administrative sanction that has as an
| 23 | | essential element dishonesty or fraud or involves larceny, | 24 | | embezzlement,
or obtaining money, property, or credit by | 25 | | false pretenses or by means of a
confidence
game.
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| 1 | | (3) Inability to practice the profession with | 2 | | reasonable judgment, skill, or safety as a result of a | 3 | | physical illness, including, but not limited to, | 4 | | deterioration through the aging process or loss of motor | 5 | | skill, or a mental illness or disability.
| 6 | | (4) Practice under this Act as a licensee in a retail | 7 | | sales establishment from an office, desk, or space that
is | 8 | | not
separated from the main retail business by a separate | 9 | | and distinct area within
the
establishment.
| 10 | | (5) Having been disciplined by another state, the | 11 | | District of Columbia, a territory, a foreign nation, or a | 12 | | governmental agency authorized to impose discipline if at | 13 | | least one of the grounds for that discipline is the same as | 14 | | or
the
equivalent of one of the grounds for which a | 15 | | licensee may be disciplined under this Act. A certified | 16 | | copy of the record of the action by the other state or | 17 | | jurisdiction shall be prima facie evidence thereof.
| 18 | | (6) Engaging in the practice of real estate brokerage
| 19 | | without a
license or after the licensee's license or | 20 | | temporary permit was expired or while the license was
| 21 | | inoperative.
| 22 | | (7) Cheating on or attempting to subvert the Real
| 23 | | Estate License Exam or continuing education exam. | 24 | | (8) Aiding or abetting an applicant
to
subvert or cheat | 25 | | on the Real Estate License Exam or continuing education | 26 | | exam
administered pursuant to this Act.
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| 1 | | (9) Advertising that is inaccurate, misleading, or | 2 | | contrary to the provisions of the Act.
| 3 | | (10) Making any substantial misrepresentation or | 4 | | untruthful advertising.
| 5 | | (11) Making any false promises of a character likely to | 6 | | influence,
persuade,
or induce.
| 7 | | (12) Pursuing a continued and flagrant course of | 8 | | misrepresentation or the
making
of false promises through | 9 | | licensees, employees, agents, advertising, or
otherwise.
| 10 | | (13) Any misleading or untruthful advertising, or | 11 | | using any trade name or
insignia of membership in any real | 12 | | estate organization of which the licensee is
not a member.
| 13 | | (14) Acting for more than one party in a transaction | 14 | | without providing
written
notice to all parties for whom | 15 | | the licensee acts.
| 16 | | (15) Representing or attempting to represent a broker | 17 | | other than the
sponsoring broker.
| 18 | | (16) Failure to account for or to remit any moneys or | 19 | | documents coming into
his or her possession that belong to | 20 | | others.
| 21 | | (17) Failure to maintain and deposit in a special | 22 | | account, separate and
apart from
personal and other | 23 | | business accounts, all escrow moneys belonging to others
| 24 | | entrusted to a licensee
while acting as a broker, escrow | 25 | | agent, or temporary custodian of
the funds of others or
| 26 | | failure to maintain all escrow moneys on deposit in the |
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| 1 | | account until the
transactions are
consummated or | 2 | | terminated, except to the extent that the moneys, or any | 3 | | part
thereof, shall be: | 4 | | (A)
disbursed prior to the consummation or | 5 | | termination (i) in accordance with
the
written | 6 | | direction of
the principals to the transaction or their | 7 | | duly authorized agents, (ii) in accordance with
| 8 | | directions providing for the
release, payment, or | 9 | | distribution of escrow moneys contained in any written
| 10 | | contract signed by the
principals to the transaction or | 11 | | their duly authorized agents,
or (iii)
pursuant to an | 12 | | order of a court of competent
jurisdiction; or | 13 | | (B) deemed abandoned and transferred to the Office | 14 | | of the State Treasurer to be handled as unclaimed | 15 | | property pursuant to the Uniform Disposition of | 16 | | Unclaimed Property Act. Escrow moneys may be deemed | 17 | | abandoned under this subparagraph (B) only: (i) in the | 18 | | absence of disbursement under subparagraph (A); (ii) | 19 | | in the absence of notice of the filing of any claim in | 20 | | a court of competent jurisdiction; and (iii) if 6 | 21 | | months have elapsed after the receipt of a written | 22 | | demand for the escrow moneys from one of the principals | 23 | | to the transaction or the principal's duly authorized | 24 | | agent.
| 25 | | The account
shall be noninterest
bearing, unless the | 26 | | character of the deposit is such that payment of interest
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| 1 | | thereon is otherwise
required by law or unless the | 2 | | principals to the transaction specifically
require, in | 3 | | writing, that the
deposit be placed in an interest bearing | 4 | | account.
| 5 | | (18) Failure to make available to the Department all | 6 | | escrow records and related documents
maintained in | 7 | | connection
with the practice of real estate within 24 hours | 8 | | of a request for those
documents by Department personnel.
| 9 | | (19) Failing to furnish copies upon request of | 10 | | documents relating to a
real
estate transaction to a party | 11 | | who has executed that document.
| 12 | | (20) Failure of a sponsoring broker to timely provide | 13 | | information, sponsor
cards,
or termination of licenses to | 14 | | the Department.
| 15 | | (21) Engaging in dishonorable, unethical, or | 16 | | unprofessional conduct of a
character
likely to deceive, | 17 | | defraud, or harm the public.
| 18 | | (22) Commingling the money or property of others with | 19 | | his or her own money or property.
| 20 | | (23) Employing any person on a purely temporary or | 21 | | single deal basis as a
means
of evading the law regarding | 22 | | payment of commission to nonlicensees on some
contemplated
| 23 | | transactions.
| 24 | | (24) Permitting the use of his or her license as a | 25 | | broker to enable a
leasing agent or
unlicensed person to | 26 | | operate a real estate business without actual
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| 1 | | participation therein and control
thereof by the broker.
| 2 | | (25) Any other conduct, whether of the same or a | 3 | | different character from
that
specified in this Section, | 4 | | that constitutes dishonest dealing.
| 5 | | (26) Displaying a "for rent" or "for sale" sign on any | 6 | | property without
the written
consent of an owner or his or | 7 | | her duly authorized agent or advertising by any
means that | 8 | | any property is
for sale or for rent without the written | 9 | | consent of the owner or his or her
authorized agent.
| 10 | | (27) Failing to provide information requested by the | 11 | | Department, or otherwise respond to that request, within 30 | 12 | | days of
the
request.
| 13 | | (28) Advertising by means of a blind advertisement, | 14 | | except as otherwise
permitted in Section 10-30 of this Act.
| 15 | | (29) Offering guaranteed sales plans, as defined in | 16 | | clause (A) of
this subdivision (29), except to
the extent | 17 | | hereinafter set forth:
| 18 | | (A) A "guaranteed sales plan" is any real estate | 19 | | purchase or sales plan
whereby a licensee enters into a | 20 | | conditional or unconditional written contract
with a | 21 | | seller, prior to entering into a brokerage agreement | 22 | | with the seller, by the
terms of which a licensee | 23 | | agrees to purchase a property of the seller within a
| 24 | | specified period of time
at a specific price in the | 25 | | event the property is not sold in accordance with
the | 26 | | terms of a brokerage agreement to be entered into |
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| 1 | | between the sponsoring broker and the seller.
| 2 | | (B) A licensee offering a guaranteed sales plan | 3 | | shall provide the
details
and conditions of the plan in | 4 | | writing to the party to whom the plan is
offered.
| 5 | | (C) A licensee offering a guaranteed sales plan | 6 | | shall provide to the
party
to whom the plan is offered | 7 | | evidence of sufficient financial resources to
satisfy | 8 | | the commitment to
purchase undertaken by the broker in | 9 | | the plan.
| 10 | | (D) Any licensee offering a guaranteed sales plan | 11 | | shall undertake to
market the property of the seller | 12 | | subject to the plan in the same manner in
which the | 13 | | broker would
market any other property, unless the | 14 | | agreement with the seller provides
otherwise.
| 15 | | (E) The licensee cannot purchase seller's property | 16 | | until the brokerage agreement has ended according to | 17 | | its terms or is otherwise terminated. | 18 | | (F) Any licensee who fails to perform on a | 19 | | guaranteed sales plan in
strict accordance with its | 20 | | terms shall be subject to all the penalties provided
in | 21 | | this Act for
violations thereof and, in addition, shall | 22 | | be subject to a civil fine payable
to the party injured | 23 | | by the
default in an amount of up to $25,000.
| 24 | | (30) Influencing or attempting to influence, by any | 25 | | words or acts, a
prospective
seller, purchaser, occupant, | 26 | | landlord, or tenant of real estate, in connection
with |
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| 1 | | viewing, buying, or
leasing real estate, so as to promote | 2 | | or tend to promote the continuance
or maintenance of
| 3 | | racially and religiously segregated housing or so as to | 4 | | retard, obstruct, or
discourage racially
integrated | 5 | | housing on or in any street, block, neighborhood, or | 6 | | community.
| 7 | | (31) Engaging in any act that constitutes a violation | 8 | | of any provision of
Article 3 of the Illinois Human Rights | 9 | | Act, whether or not a complaint has
been filed with or
| 10 | | adjudicated by the Human Rights Commission.
| 11 | | (32) Inducing any party to a contract of sale or lease | 12 | | or brokerage
agreement to
break the contract of sale or | 13 | | lease or brokerage agreement for the purpose of
| 14 | | substituting, in lieu
thereof, a new contract for sale or | 15 | | lease or brokerage agreement with a third
party.
| 16 | | (33) Negotiating a sale, exchange, or lease of real | 17 | | estate directly with
any person
if the licensee knows that | 18 | | the person has an exclusive brokerage
agreement with | 19 | | another
broker, unless specifically authorized by that | 20 | | broker.
| 21 | | (34) When a licensee is also an attorney, acting as the | 22 | | attorney for
either the
buyer or the seller in the same | 23 | | transaction in which the licensee is acting or
has acted as | 24 | | a managing broker
or broker.
| 25 | | (35) Advertising or offering merchandise or services | 26 | | as free if any
conditions or
obligations necessary for |
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| 1 | | receiving the merchandise or services are not
disclosed in | 2 | | the same
advertisement or offer. These conditions or | 3 | | obligations include without
limitation the
requirement | 4 | | that the recipient attend a promotional activity or visit a | 5 | | real
estate site. As used in this
subdivision (35), "free" | 6 | | includes terms such as "award", "prize", "no charge",
"free | 7 | | of charge",
"without charge", and similar words or phrases | 8 | | that reasonably lead a person to
believe that he or she
may | 9 | | receive or has been selected to receive something of value, | 10 | | without any
conditions or
obligations on the part of the | 11 | | recipient.
| 12 | | (36) Disregarding or violating any provision of the | 13 | | Land Sales
Registration Act of 1989, the Illinois Real | 14 | | Estate
Time-Share Act, or the published rules promulgated | 15 | | by the Department to enforce
those Acts.
| 16 | | (37) Violating the terms of a disciplinary order
issued | 17 | | by the Department.
| 18 | | (38) Paying or failing to disclose compensation in | 19 | | violation of Article 10 of this Act.
| 20 | | (39) Requiring a party to a transaction who is not a | 21 | | client of the
licensee
to allow the licensee to retain a | 22 | | portion of the escrow moneys for payment of
the licensee's | 23 | | commission or expenses as a condition for release of the | 24 | | escrow
moneys to that party.
| 25 | | (40) Disregarding or violating any provision of this | 26 | | Act or the published
rules
promulgated by the Department to |
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| 1 | | enforce this Act or aiding or abetting any individual,
| 2 | | partnership, registered limited liability partnership, | 3 | | limited liability
company, or corporation in
disregarding | 4 | | any provision of this Act or the published rules | 5 | | promulgated by the Department
to enforce this Act.
| 6 | | (41) Failing to provide the minimum services required | 7 | | by Section 15-75 of this Act when acting under an exclusive | 8 | | brokerage agreement.
| 9 | | (42) Habitual or excessive use or addiction to alcohol, | 10 | | narcotics, stimulants, or any other chemical agent or drug | 11 | | that results in a managing broker, broker, or leasing | 12 | | agent's inability to practice with reasonable skill or | 13 | | safety. | 14 | | (43) Enabling, aiding, or abetting an auctioneer, as | 15 | | defined in the Auction License Act, to conduct a real | 16 | | estate auction in a manner that is in violation of this | 17 | | Act. | 18 | | (44) Permitting any leasing agent or temporary leasing | 19 | | agent permit holder to engage in activities that require a | 20 | | broker's or managing broker's license. | 21 | | (b) The Department may refuse to issue or renew or may | 22 | | suspend the license of any person who fails to file a return, | 23 | | pay the tax, penalty or interest shown in a filed return, or | 24 | | pay any final assessment of tax, penalty, or interest, as | 25 | | required by any tax Act administered by the Department of | 26 | | Revenue, until such time as the requirements of that tax Act |
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| 1 | | are satisfied in accordance with subsection (g) of Section | 2 | | 2105-15 of the Civil Administrative Code of Illinois. | 3 | | (c) The Department shall deny a license or renewal | 4 | | authorized by this Act to a person who has defaulted on an | 5 | | educational loan or scholarship provided or guaranteed by the | 6 | | Illinois Student Assistance Commission or any governmental | 7 | | agency of this State in accordance with item (5) of subsection | 8 | | (a) of Section 2105-15 of the Civil Administrative Code of | 9 | | Illinois. | 10 | | (d) In cases where the Department of Healthcare and Family | 11 | | Services (formerly Department of Public Aid) has previously | 12 | | determined that a licensee or a potential licensee is more than | 13 | | 30 days delinquent in the payment of child support and has | 14 | | subsequently certified the delinquency to the Department may | 15 | | refuse to issue or renew or may revoke or suspend that person's | 16 | | license or may take other disciplinary action against that | 17 | | person based solely upon the certification of delinquency made | 18 | | by the Department of Healthcare and Family Services in | 19 | | accordance with item (5) of subsection (a) of Section 2105-15 | 20 | | of the Civil Administrative Code of Illinois. | 21 | | (e) In enforcing this Section, the Department or Board upon | 22 | | a showing of a possible violation may compel an individual | 23 | | licensed to practice under this Act, or who has applied for | 24 | | licensure under this Act, to submit to a mental or physical | 25 | | examination, or both, as required by and at the expense of the | 26 | | Department. The Department or Board may order the examining |
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| 1 | | physician to present testimony concerning the mental or | 2 | | physical examination of the licensee or applicant. No | 3 | | information shall be excluded by reason of any common law or | 4 | | statutory privilege relating to communications between the | 5 | | licensee or applicant and the examining physician. The | 6 | | examining physicians shall be specifically designated by the | 7 | | Board or Department. The individual to be examined may have, at | 8 | | his or her own expense, another physician of his or her choice | 9 | | present during all aspects of this examination. Failure of an | 10 | | individual to submit to a mental or physical examination, when | 11 | | directed, shall be grounds for suspension of his or her license | 12 | | until the individual submits to the examination if the | 13 | | Department finds, after notice and hearing, that the refusal to | 14 | | submit to the examination was without reasonable cause. | 15 | | If the Department or Board finds an individual unable to | 16 | | practice because of the reasons set forth in this Section, the | 17 | | Department or Board may require that individual to submit to | 18 | | care, counseling, or treatment by physicians approved or | 19 | | designated by the Department or Board, as a condition, term, or | 20 | | restriction for continued, reinstated, or renewed licensure to | 21 | | practice; or, in lieu of care, counseling, or treatment, the | 22 | | Department may file, or the Board may recommend to the | 23 | | Department to file, a complaint to immediately suspend, revoke, | 24 | | or otherwise discipline the license of the individual. An | 25 | | individual whose license was granted, continued, reinstated, | 26 | | renewed, disciplined or supervised subject to such terms, |
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| 1 | | conditions, or restrictions, and who fails to comply with such | 2 | | terms, conditions, or restrictions, shall be referred to the | 3 | | Secretary for a determination as to whether the individual | 4 | | shall have his or her license suspended immediately, pending a | 5 | | hearing by the Department. | 6 | | In instances in which the Secretary immediately suspends a | 7 | | person's license under this Section, a hearing on that person's | 8 | | license must be convened by the Department within 30 days after | 9 | | the suspension and completed without appreciable delay. The | 10 | | Department and Board shall have the authority to review the | 11 | | subject individual's record of treatment and counseling | 12 | | regarding the impairment to the extent permitted by applicable | 13 | | federal statutes and regulations safeguarding the | 14 | | confidentiality of medical records. | 15 | | An individual licensed under this Act and affected under | 16 | | this Section shall be afforded an opportunity to demonstrate to | 17 | | the Department or Board that he or she can resume practice in | 18 | | compliance with acceptable and prevailing standards under the | 19 | | provisions of his or her license. | 20 | | (Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14; | 21 | | 99-227, eff. 8-3-15.)
| 22 | | (225 ILCS 454/20-60)
| 23 | | (Section scheduled to be repealed on January 1, 2020)
| 24 | | Sec. 20-60. Investigations notice and hearing. The | 25 | | Department may investigate the actions of any applicant or of |
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| 1 | | any person or persons rendering or offering to render services | 2 | | or any person holding or claiming to hold a license under this | 3 | | Act and may notify his or her managing broker and sponsoring | 4 | | broker of the pending investigation . The Department shall, | 5 | | before revoking,
suspending, placing on probation, | 6 | | reprimanding, or taking any other disciplinary action under | 7 | | Article 20 of this Act, at least 30 days before the date set | 8 | | for the hearing, (i) notify the accused and his or her managing | 9 | | broker and sponsoring broker in writing of the charges made and | 10 | | the time and place for the hearing on the charges, (ii) direct | 11 | | the accused him or her to file a written answer to the charges | 12 | | with the
Board under oath within 20 days after the service on | 13 | | him or her of the notice, and (iii) inform the accused that if | 14 | | he or she fails to answer, default will be taken
against him or | 15 | | her or that
his or her license may be suspended, revoked, | 16 | | placed on probationary status,
or
other disciplinary
action | 17 | | taken with regard to the license, including limiting the scope, | 18 | | nature, or extent of his or her practice, as the Department may | 19 | | consider proper. At the time and place fixed in the notice, the | 20 | | Board shall proceed to hear the charges and the parties or | 21 | | their counsel shall be accorded ample opportunity to present | 22 | | any pertinent statements, testimony, evidence, and arguments. | 23 | | The Board may continue the hearing from time to time. In case | 24 | | the person, after receiving the
notice, fails to file an | 25 | | answer, his or her license may, in the discretion of the | 26 | | Department, be suspended,
revoked, placed on
probationary |
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| 1 | | status, or the Department may take whatever disciplinary action | 2 | | considered
proper, including
limiting the scope, nature, or | 3 | | extent of the person's practice or the
imposition of a fine, | 4 | | without a
hearing, if the act or acts charged constitute | 5 | | sufficient grounds for that
action under this Act. The written | 6 | | notice may be served by personal delivery or by certified mail | 7 | | to the address specified by the accused in his or her last | 8 | | notification with the Department and shall include notice to | 9 | | the managing broker and sponsoring broker . A copy of the | 10 | | Department's final order shall be delivered to the managing | 11 | | broker and sponsoring broker.
| 12 | | (Source: P.A. 96-856, eff. 12-31-09.)
| 13 | | (225 ILCS 454/25-10)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 25-10. Real Estate Administration and Disciplinary
| 16 | | Board;
duties.
There is created the Real Estate Administration | 17 | | and Disciplinary Board.
The Board shall be composed of 15 9 | 18 | | persons appointed by the Governor. Members
shall be
appointed | 19 | | to the Board subject to the following conditions:
| 20 | | (1) All members shall have been residents and citizens | 21 | | of this State for
at least 6 years
prior to the date of | 22 | | appointment.
| 23 | | (2) Twelve Six members shall have been actively engaged | 24 | | as managing brokers or
brokers or both for
at least the 10 | 25 | | years prior to the appointment , 2 of whom must possess an |
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| 1 | | active pre-license instructor license .
| 2 | | (3) Three members of the Board shall be public members | 3 | | who represent
consumer
interests.
| 4 | | None of these members shall be (i) a person who is licensed | 5 | | under this
Act or a similar Act of another jurisdiction, (ii) | 6 | | the spouse or family member of a licensee, (iii) a person who | 7 | | has an ownership interest in a
real estate brokerage
business, | 8 | | or (iv) a person the Department determines to have any other | 9 | | connection with a real estate brokerage business or a licensee.
| 10 | | The members' terms shall be 4 years or until their | 11 | | successor is appointed, and the expiration of their terms shall | 12 | | be
staggered. No member shall be reappointed to the Board for a | 13 | | term that would cause his or her cumulative service to the | 14 | | Board to exceed 12 years.
Appointments to fill vacancies shall | 15 | | be for the unexpired portion of the term. Those members of the | 16 | | Board that satisfy the requirements of paragraph (2) shall be | 17 | | chosen in a manner such that no area of the State shall be | 18 | | unreasonably represented.
The membership of the Board should | 19 | | reasonably reflect the geographic
distribution of the licensee
| 20 | | population in this State. In making the appointments, the | 21 | | Governor shall give
due consideration
to the recommendations by | 22 | | members and organizations of the profession.
The Governor may | 23 | | terminate the appointment of any member for cause that in the
| 24 | | opinion of the
Governor reasonably justifies the termination. | 25 | | Cause for termination shall
include without limitation
| 26 | | misconduct, incapacity, neglect of duty, or missing 4 board |
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| 1 | | meetings during any
one
calendar year.
Each member of the Board | 2 | | may receive a per diem stipend in an amount to be
determined by | 3 | | the Secretary. Each member shall be paid his or her necessary | 4 | | expenses while
engaged in the
performance of his or her duties. | 5 | | Such compensation and expenses shall be paid
out of the Real | 6 | | Estate
License Administration Fund.
The Secretary shall | 7 | | consider the recommendations of the Board on questions
| 8 | | involving
standards of professional conduct, discipline, | 9 | | education, and policies and procedures and examination of | 10 | | candidates
under this Act. With regard to this subject matter, | 11 | | the Secretary may establish temporary or permanent committees | 12 | | of the Board and may consider the recommendations of the Board | 13 | | on matters that include, but are not limited to, criteria for | 14 | | the licensing and renewal of education providers, pre-license | 15 | | and continuing education instructors, pre-license and | 16 | | continuing education curricula, standards of educational | 17 | | criteria, and qualifications for licensure and renewal of | 18 | | professions, courses, and instructors. The Department, after | 19 | | notifying and considering the recommendations of the Board, if | 20 | | any,
may issue rules,
consistent with the provisions of this | 21 | | Act, for the administration and
enforcement thereof and may
| 22 | | prescribe forms that shall be used in connection therewith. | 23 | | Eight Five Board members shall constitute a quorum. A quorum is | 24 | | required for all Board decisions.
| 25 | | (Source: P.A. 98-1109, eff. 1-1-15; 99-227, eff. 8-3-15.)
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| 1 | | (225 ILCS 454/Art. 30 heading) | 2 | | ARTICLE 30. EDUCATION PROVIDERS AND COURSES SCHOOLS AND | 3 | | INSTRUCTORS
| 4 | | (225 ILCS 454/30-5)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 30-5. Licensing of real estate education providers, | 7 | | education provider pre-license schools, school branches, and
| 8 | | instructors. | 9 | | (a) No person shall operate an education provider entity | 10 | | without possessing a valid and active license issued by the | 11 | | Department. Only education providers in possession of a valid | 12 | | education provider license may provide real estate | 13 | | pre-license, post-license, or continuing education courses | 14 | | that satisfy the requirements of this Act. Every person that | 15 | | desires to obtain an education provider license shall make | 16 | | application to the Department in writing on forms prescribed by | 17 | | the Department and pay the fee prescribed by rule. In addition | 18 | | to any other information required to be contained in the | 19 | | application as prescribed by rule, every application for an | 20 | | original or renewed license shall include the applicant's | 21 | | Social Security number or tax identification number. No person | 22 | | shall operate a pre-license school or school branch without
| 23 | | possessing a valid
pre-license school or school branch license | 24 | | issued by the Department. No person shall
act as a pre-license | 25 | | instructor at a pre-license school or school branch
without |
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| 1 | | possessing
a valid pre-license
instructor license issued by the | 2 | | Department. Every person who desires to obtain a
pre-license | 3 | | school,
school branch, or pre-license instructor license shall | 4 | | make application to the Department
in writing in form
and | 5 | | substance satisfactory to the Department and pay the required | 6 | | fees prescribed by
rule. In addition to any
other information | 7 | | required to be contained in the application, every
application | 8 | | for an original license shall include the applicant's Social | 9 | | Security number, which shall be retained in the agency's | 10 | | records pertaining to the license. As soon as practical, the | 11 | | Department shall assign a customer's identification number to | 12 | | each applicant for a license. | 13 | | Every application for a renewal or restored license shall | 14 | | require the applicant's customer identification number. | 15 | | The Department
shall issue a pre-license school, school | 16 | | branch, or pre-license instructor
license to applicants who | 17 | | meet
qualification criteria established by rule. The | 18 | | Department may refuse to issue, suspend,
revoke, or otherwise | 19 | | discipline a pre-license school, school branch, or
pre-license | 20 | | instructor
license or may withdraw
approval of a course offered | 21 | | by a pre-license school for good cause.
Disciplinary | 22 | | proceedings
shall be conducted by the Board in the same manner | 23 | | as other disciplinary
proceedings under this
Act.
| 24 | | (b) (Blank). All pre-license instructors must teach at | 25 | | least one course within the
period of licensure or
take an | 26 | | instructor training program approved by the Department in lieu |
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| 1 | | thereof. A
pre-license instructor
may teach at more than one | 2 | | licensed pre-license school.
| 3 | | (c) (Blank). The term of license for pre-license schools, | 4 | | branches, and instructors
shall be 2 years as
established by | 5 | | rule.
| 6 | | (d) (Blank). The Department or the Advisory Council may, | 7 | | after notice, cause a pre-license
school to attend an
informal | 8 | | conference before the Advisory Council for failure to comply | 9 | | with any
requirement for
licensure or for failure to comply | 10 | | with any provision of this Act or the rules
for the | 11 | | administration
of this Act. The Advisory Council shall make a | 12 | | recommendation to the Board as
a result of its
findings at the | 13 | | conclusion of any such informal conference.
| 14 | | (e) (Blank). For purposes of this Section, the term | 15 | | "pre-license" shall also include the 30-hour post-license | 16 | | course required to be taken to retain a broker's license. | 17 | | (f) To qualify for an education provider license, an | 18 | | applicant must demonstrate the following: | 19 | | (1) a sound financial base for establishing, | 20 | | promoting, and delivering the necessary courses; budget | 21 | | planning for the school's courses should be clearly | 22 | | projected; | 23 | | (2) a sufficient number of qualified, licensed | 24 | | instructors as provided by rule; | 25 | | (3) adequate support personnel to assist with | 26 | | administrative matters and technical assistance; |
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| 1 | | (4) maintenance and availability of records of | 2 | | participation for licensees; | 3 | | (5) the ability to provide each participant who | 4 | | successfully completes an approved program with a | 5 | | certificate of completion signed by the administrator of a | 6 | | licensed education provider on forms provided by the | 7 | | Department; | 8 | | (6) a written policy dealing with procedures for the | 9 | | management of grievances and fee refunds; | 10 | | (7) lesson plans and examinations, if applicable, for | 11 | | each course; | 12 | | (8) a 75% passing grade for successful completion of | 13 | | any continuing education course or pre-license or | 14 | | post-license examination, if required; | 15 | | (9) the ability to identify and use instructors who | 16 | | will teach in a planned program; instructor selections must | 17 | | demonstrate: | 18 | | (A) appropriate credentials; | 19 | | (B) competence as a teacher; | 20 | | (C) knowledge of content area; and | 21 | | (D) qualification by experience. | 22 | | Unless otherwise provided for in this Section, the | 23 | | education provider shall provide a proctor or an electronic | 24 | | means of proctoring for each examination; the education | 25 | | provider shall be responsible for the conduct of the proctor; | 26 | | the duties and responsibilities of a proctor shall be |
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| 1 | | established by rule. | 2 | | Unless otherwise provided for in this Section, the | 3 | | education provider must provide for closed book examinations | 4 | | for each course unless the Department, upon the recommendation | 5 | | of the Board, excuses this requirement based on the complexity | 6 | | of the course material. | 7 | | (g) Advertising and promotion of education activities must | 8 | | be carried out in a responsible fashion clearly showing the | 9 | | educational objectives of the activity, the nature of the | 10 | | audience that may benefit from the activity, the cost of the | 11 | | activity to the participant and the items covered by the cost, | 12 | | the amount of credit that can be earned, and the credentials of | 13 | | the faculty. | 14 | | (h) The Department may, or upon request of the Board shall, | 15 | | after notice, cause an education provider to attend an informal | 16 | | conference before the Board for failure to comply with any | 17 | | requirement for licensure or for failure to comply with any | 18 | | provision of this Act or the rules for the administration of | 19 | | this Act. The Board shall make a recommendation to the | 20 | | Department as a result of its findings at the conclusion of any | 21 | | such informal conference. | 22 | | (i) All education providers shall maintain these minimum | 23 | | criteria and pay the required fee in order to retain their | 24 | | education provider license. | 25 | | (j) The Department may adopt any administrative rule | 26 | | consistent with the language and intent of this Act that may be |
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| 1 | | necessary for the implementation and enforcement of this | 2 | | Section. | 3 | | (Source: P.A. 96-856, eff. 12-31-09; 97-400, eff. 1-1-12.)
| 4 | | (225 ILCS 454/30-15)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 30-15. Licensing of continuing education providers | 7 | | schools ; approval of
courses. | 8 | | (a) (Blank). Only continuing education schools in | 9 | | possession of a valid continuing
education
school license
may | 10 | | provide real estate continuing education courses that will | 11 | | satisfy the
requirements of this
Act. Pre-license schools | 12 | | licensed to offer pre-license education courses for
brokers,
| 13 | | managing brokers, or leasing agents shall qualify for a | 14 | | continuing education school license upon completion
of an | 15 | | application
and the submission of the required fee. Every | 16 | | entity that desires to obtain a
continuing education
school | 17 | | license shall make application to the Department in writing in | 18 | | forms prescribed by the Department
and pay
the fee prescribed | 19 | | by rule. In addition to any other information required to
be | 20 | | contained in the
application, every application for an original | 21 | | or renewed license shall include
the applicant's Social
| 22 | | Security number.
| 23 | | (b) (Blank). The criteria for a continuing education | 24 | | license
shall include the
following:
| 25 | | (1) A sound financial base for establishing, |
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| 1 | | promoting, and delivering the
necessary
courses. Budget | 2 | | planning for the School's courses should be clearly | 3 | | projected.
| 4 | | (2) A sufficient number of qualified, licensed | 5 | | instructors as provided by
rule.
| 6 | | (3) Adequate support personnel to assist with | 7 | | administrative matters and
technical
assistance.
| 8 | | (4) Maintenance and availability of records of | 9 | | participation for
licensees.
| 10 | | (5) The ability to provide each participant who | 11 | | successfully completes an
approved
program with a | 12 | | certificate of completion signed by the administrator of a
| 13 | | licensed continuing
education school on forms provided by | 14 | | the Department.
| 15 | | (6) The continuing education school must have a written | 16 | | policy dealing
with
procedures for the management of | 17 | | grievances and fee refunds.
| 18 | | (7) The continuing education school shall maintain | 19 | | lesson plans and
examinations for
each course.
| 20 | | (8) The continuing education school shall require a 70% | 21 | | passing grade for
successful
completion of any continuing | 22 | | education course.
| 23 | | (9) The continuing education school shall identify and | 24 | | use instructors who
will teach
in a planned program. | 25 | | Suggested criteria for instructor selections include:
| 26 | | (A) appropriate credentials;
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| 1 | | (B) competence as a teacher;
| 2 | | (C) knowledge of content area; and
| 3 | | (D) qualification by experience.
| 4 | | (10) The continuing education school shall provide a | 5 | | proctor or an electronic means of proctoring for each | 6 | | examination. The continuing education school shall be | 7 | | responsible for the conduct of the proctor. The duties and | 8 | | responsibilities of a proctor shall be established by rule. | 9 | | (11) The continuing education school must provide for | 10 | | closed book examinations for each course unless the | 11 | | Advisory Council excuses this requirement based on the | 12 | | complexity of the course material. | 13 | | (c) (Blank). Advertising and promotion of continuing | 14 | | education activities must be
carried out in
a responsible | 15 | | fashion, clearly showing the educational objectives of the
| 16 | | activity, the nature of the
audience that may benefit from the | 17 | | activity, the cost of the activity to the
participant and the | 18 | | items
covered by the cost, the amount of credit that can be | 19 | | earned, and the
credentials of the faculty.
| 20 | | (d) (Blank). The Department may or upon request of the | 21 | | Advisory Council shall, after notice,
cause a
continuing | 22 | | education school to attend an informal conference before the
| 23 | | Advisory Council for
failure to comply with any requirement for | 24 | | licensure or for failure to comply
with any provision of
this | 25 | | Act or the rules for the administration of this Act. The | 26 | | Advisory Council
shall make a
recommendation to the Board as a |
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| 1 | | result of its findings at the conclusion of
any such informal
| 2 | | conference.
| 3 | | (e) (Blank). All continuing education schools shall | 4 | | maintain these minimum criteria
and pay
the required fee in | 5 | | order to retain their continuing education school license.
| 6 | | (f) All education providers continuing education schools | 7 | | shall submit, at the time of initial
application and
with each | 8 | | license renewal, a list of courses with course materials that | 9 | | comply with the course requirements in this Act to be
offered | 10 | | by the education provider continuing
education school . The | 11 | | Department may , however, shall establish an online a mechanism | 12 | | by which education providers whereby
continuing education
| 13 | | schools may submit apply for and obtain approval by the | 14 | | Department upon the recommendation of the Board or its designee | 15 | | pre-license, post-license, or continuing education for | 16 | | continuing education courses that
are submitted
after the time | 17 | | of the education provider's initial license application or | 18 | | renewal. The Department shall provide to each education | 19 | | provider
continuing education
school a certificate for each | 20 | | approved pre-license, post-license, or continuing education | 21 | | course. All pre-license, post-license, or
continuing education
| 22 | | courses shall be valid for the period coinciding with the term | 23 | | of license of
the education provider. However, in no case shall | 24 | | a course continue to be valid if it does not, at all times, | 25 | | meet all of the requirements of the core curriculum established | 26 | | by this Act and the Board, as modified from time to time in |
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| 1 | | accordance with this Act continuing education
school . All | 2 | | education providers continuing education schools shall provide | 3 | | a copy of the
certificate of the pre-license, post-license, or | 4 | | continuing
education course within the course materials given | 5 | | to each student or shall
display a copy of the
certificate of | 6 | | the pre-license, post-license, or continuing education course | 7 | | in a conspicuous place at the
location of the class.
| 8 | | (g) Each education provider continuing education school | 9 | | shall provide to the Department a monthly report
in a
frequency | 10 | | and format determined by the Department, with information | 11 | | concerning students who
successfully completed all
approved | 12 | | pre-license, post-license, or continuing education courses | 13 | | offered by the continuing education provider
school for the | 14 | | prior
month .
| 15 | | (h) The Department, upon the recommendation of the Board | 16 | | Advisory Council , may temporarily
suspend a licensed | 17 | | continuing education provider's school's approved courses | 18 | | without
hearing and refuse to
accept successful completion of | 19 | | or participation in any of these pre-license, post-license, or | 20 | | continuing
education courses for
continuing education credit | 21 | | from that education provider school upon the failure of that
| 22 | | continuing education provider school
to comply with the | 23 | | provisions of this Act or the rules for the administration
of | 24 | | this Act, until such
time as the Department receives | 25 | | satisfactory assurance of compliance. The Department shall | 26 | | notify
the continuing
education provider school of the |
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| 1 | | noncompliance and may initiate disciplinary
proceedings | 2 | | pursuant to
this Act. The Department
may refuse to issue, | 3 | | suspend, revoke, or otherwise discipline the license
of an a | 4 | | continuing
education provider school or may withdraw approval | 5 | | of a pre-license, post-license, or continuing education course | 6 | | for
good cause.
Failure to comply with the requirements of this | 7 | | Section or any other
requirements
established by rule shall
be | 8 | | deemed to be good cause. Disciplinary proceedings shall be | 9 | | conducted by the
Board in the same
manner as other disciplinary | 10 | | proceedings under this Act.
| 11 | | (i) Pre-license, post-license, and continuing education | 12 | | courses, whether submitted for approval at the time of an | 13 | | education provider's initial application for licensure or | 14 | | otherwise, must meet the following minimum course | 15 | | requirements: | 16 | | (1) No continuing education course shall be required to | 17 | | be taught in increments longer than 2 hours in duration; | 18 | | however, for each 2 hours of course time in each course, | 19 | | there shall be a minimum of 100 minutes of instruction. | 20 | | (2) All core curriculum courses shall be provided only | 21 | | in the classroom or through a live, interactive webinar or | 22 | | online distance education format. | 23 | | (3) Courses provided through a live, interactive | 24 | | webinar shall require all participants to demonstrate | 25 | | their attendance in and attention to the course by | 26 | | answering or responding to at least one polling question |
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| 1 | | per 30 minutes of course instruction. In no event shall the | 2 | | interval between polling questions exceed 30 minutes. | 3 | | (4) All participants in courses provided in an online | 4 | | distance education format shall demonstrate proficiency | 5 | | with the subject matter of the course through verifiable | 6 | | responses to questions included in the course content. | 7 | | (5) Credit for courses completed in a classroom or | 8 | | through a live, interactive webinar or online distance | 9 | | education format shall not require an examination. | 10 | | (6) Credit for courses provided through | 11 | | correspondence, or by home study, shall require the passage | 12 | | of an in-person, proctored examination. | 13 | | (j) The Department is authorized to engage a third party as | 14 | | the Board's designee to perform the functions specifically | 15 | | provided for in subsection (f) of this Section, namely that of | 16 | | administering the online system for receipt, review, and | 17 | | approval or denial of new courses. | 18 | | (k) The Department may adopt any administrative rule | 19 | | consistent with the language and intent of this Act that may be | 20 | | necessary for the implementation and enforcement of this | 21 | | Section. | 22 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 23 | | (225 ILCS 454/30-20)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
| 25 | | Sec. 30-20. Fees for continuing education provider school |
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| 1 | | license; renewal; term. All applications for an a continuing | 2 | | education provider school license shall be
accompanied by a
| 3 | | nonrefundable application fee in an amount established by rule.
| 4 | | All
continuing education providers schools
shall be required to | 5 | | submit a renewal application, the required fee as
established | 6 | | by rule, and a
listing of the courses to be offered during the | 7 | | year in order to renew their continuing
education provider | 8 | | school
licenses. The term for an a continuing education | 9 | | provider school license shall be 2 years
and
as established by
| 10 | | rule .
The fees collected under this Article 30 shall be | 11 | | deposited in the Real Estate
License Administration Fund and
| 12 | | shall be used to defray the cost of administration of the | 13 | | program and per diem
of the Board Advisory
Council as | 14 | | determined by the Secretary.
| 15 | | (Source: P.A. 96-856, eff. 12-31-09.)
| 16 | | (225 ILCS 454/30-25)
| 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 30-25. Licensing of continuing education provider | 19 | | instructors.
| 20 | | (a) No such person shall act as either a pre-license or | 21 | | continuing education instructor at a continuing education | 22 | | school or branch without possessing a
valid pre-license or | 23 | | continuing
education instructor license and satisfying any | 24 | | other qualification criteria established by the Department by | 25 | | rule.
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| 1 | | (a-5) Each person that is an instructor for pre-license, | 2 | | continuing education core curriculum, or broker management | 3 | | education courses shall meet specific criteria established by | 4 | | the Department by rule. Those persons who have not met the | 5 | | criteria shall only teach continuing education elective | 6 | | curriculum courses. | 7 | | (b) Every After the effective date of this Act, every | 8 | | person who desires to obtain an a continuing education provider | 9 | | instructor's license shall attend and successfully complete a | 10 | | one-day instructor development workshop, as approved by the | 11 | | Department. However, pre-license instructors who have complied | 12 | | with subsection (b) of this Section 30-25 shall not be required | 13 | | to complete the instructor workshop in order to teach | 14 | | continuing education elective curriculum courses. | 15 | | (b-5) The term of licensure for a pre-license or continuing | 16 | | education instructor shall be 2 years and as established by | 17 | | rule. Every person who desires to obtain a pre-license or | 18 | | continuing education instructor
license shall make
application | 19 | | to the Department in writing on forms prescribed by the | 20 | | Department Office , accompanied
by the fee
prescribed by rule. | 21 | | In addition to any other information required to be
contained | 22 | | in the application,
every application for an original license | 23 | | shall include the
applicant's Social Security
number, which | 24 | | shall be retained in the agency's records pertaining to the | 25 | | license. As soon as practical, the Department shall assign a | 26 | | customer's identification number to each applicant for a |
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| 1 | | license. | 2 | | Every application for a renewal or restored license shall | 3 | | require the applicant's customer identification number. | 4 | | The Department shall issue a pre-license or continuing | 5 | | education instructor license to
applicants who meet
| 6 | | qualification criteria established by this Act or rule.
| 7 | | (c) The Department may refuse to issue, suspend, revoke, or | 8 | | otherwise discipline a
pre-license or continuing education
| 9 | | instructor for good cause. Disciplinary proceedings shall be | 10 | | conducted by the
Board in the same
manner as other disciplinary | 11 | | proceedings under this Act. All pre-license instructors must | 12 | | teach at least one pre-license or continuing education core | 13 | | curriculum course within the period of licensure as a | 14 | | requirement for renewal of the instructor's license. All | 15 | | continuing
education instructors
must teach at least one course | 16 | | within the period of licensure or take an
instructor training | 17 | | program
approved by the Department in lieu thereof as a | 18 | | requirement for renewal of the instructor's license .
| 19 | | (d) Each course transcript submitted by an education | 20 | | provider to the Department shall include the name and license | 21 | | number of the pre-license or continuing education instructor | 22 | | for the course. | 23 | | (e) Licensed education provider instructors may teach for | 24 | | more than one licensed education provider. | 25 | | (f) The Department may adopt any administrative rule | 26 | | consistent with the language and intent of this Act that may be |
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| 1 | | necessary for the implementation and enforcement of this | 2 | | Section. | 3 | | (Source: P.A. 96-856, eff. 12-31-09; 97-400, eff. 1-1-12.)
| 4 | | (225 ILCS 454/5-26 rep.) | 5 | | (225 ILCS 454/5-85 rep.) | 6 | | (225 ILCS 454/20-78 rep.)
| 7 | | (225 ILCS 454/30-10 rep.)
| 8 | | Section 10. The Real Estate License Act of 2000 is amended | 9 | | by repealing Sections 5-26, 5-85, 20-78, and 30-10.
| 10 | | Section 99. Effective date. This Act takes effect January | 11 | | 1, 2018.
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