Full Text of SB3740 103rd General Assembly
SB3740enr 103RD GENERAL ASSEMBLY | | | SB3740 Enrolled | | LRB103 36856 RTM 66968 b |
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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 State Finance Act is amended by adding | 5 | | Section 5.1015 as follows: | 6 | | (30 ILCS 105/5.1015 new) | 7 | | Sec. 5.1015. The Real Estate Recovery Fund. | 8 | | Section 10. The Real Estate License Act of 2000 is amended | 9 | | by changing Sections 1-10, 5-20, 5-25, 5-28, 5-35, 5-45, 5-60, | 10 | | 5-70, 10-10, 10-20, 15-35, 15-50, 20-20, 20-20.1, 20-50, | 11 | | 20-82, 25-25, 25-30, 25-35, 30-5, 30-15, and 30-25 and by | 12 | | adding Sections 5-60.1 and 5-60.5 as follows: | 13 | | (225 ILCS 454/1-10) | 14 | | (Section scheduled to be repealed on January 1, 2030) | 15 | | Sec. 1-10. Definitions. In this Act, unless the context | 16 | | otherwise requires: | 17 | | "Act" means the Real Estate License Act of 2000. | 18 | | "Address of record" means the designated address recorded | 19 | | by the Department in the applicant's or licensee's application | 20 | | file or license file as maintained by the Department. | 21 | | "Agency" means a relationship in which a broker or |
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| 1 | | licensee, whether directly or through an affiliated licensee, | 2 | | represents a consumer by the consumer's consent, whether | 3 | | express or implied, in a real property transaction. | 4 | | "Applicant" means any person, as defined in this Section, | 5 | | who applies to the Department for a valid license as a managing | 6 | | broker, broker, or residential leasing agent. | 7 | | "Blind advertisement" means any real estate advertisement | 8 | | that is used by a licensee regarding the sale or lease of real | 9 | | estate, licensed activities, or the hiring of any licensee | 10 | | under this Act that does not include the sponsoring broker's | 11 | | complete business name or, in the case of electronic | 12 | | advertisements, does not provide a direct link to a display | 13 | | with all the required disclosures. The broker's business name | 14 | | in the case of a franchise shall include the franchise | 15 | | affiliation as well as the name of the individual firm. | 16 | | "Board" means the Real Estate Administration and | 17 | | Disciplinary Board of the Department as created by Section | 18 | | 25-10 of this Act. | 19 | | "Broker" means an individual, entity, corporation, foreign | 20 | | or domestic partnership, limited liability company, registered | 21 | | limited liability partnership, or other business entity other | 22 | | than a residential leasing agent who, whether in person or | 23 | | through any media or technology, for another and for | 24 | | compensation, or with the intention or expectation of | 25 | | receiving compensation, either directly or indirectly: | 26 | | (1) Sells, exchanges, purchases, rents, or leases real |
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| 1 | | estate. | 2 | | (2) Offers to sell, exchange, purchase, rent, or lease | 3 | | real estate. | 4 | | (3) Negotiates, offers, attempts, or agrees to | 5 | | negotiate the sale, exchange, purchase, rental, or leasing | 6 | | of real estate. | 7 | | (4) Lists, offers, attempts, or agrees to list real | 8 | | estate for sale, rent, lease, or exchange. | 9 | | (5) Whether for another or themselves, engages in a | 10 | | pattern of business of buying, selling, offering to buy or | 11 | | sell, marketing for sale, exchanging, or otherwise dealing | 12 | | in contracts, including assignable contracts for the | 13 | | purchase or sale of, or options on real estate or | 14 | | improvements thereon. For purposes of this definition, an | 15 | | individual or entity will be found to have engaged in a | 16 | | pattern of business if the individual or entity by itself | 17 | | or with any combination of other individuals or entities, | 18 | | whether as partners or common owners in another entity, | 19 | | has engaged in one or more of these practices on 2 or more | 20 | | occasions in any 12-month period. | 21 | | (6) Supervises the collection, offer, attempt, or | 22 | | agreement to collect rent for the use of real estate. | 23 | | (7) Advertises or represents oneself as being engaged | 24 | | in the business of buying, selling, exchanging, renting, | 25 | | or leasing real estate. | 26 | | (8) Assists or directs in procuring or referring of |
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| 1 | | leads or prospects, intended to result in the sale, | 2 | | exchange, lease, or rental of real estate. | 3 | | (9) Assists or directs in the negotiation of any | 4 | | transaction intended to result in the sale, exchange, | 5 | | lease, or rental of real estate. | 6 | | (10) Opens real estate to the public for marketing | 7 | | purposes. | 8 | | (11) Sells, rents, leases, or offers for sale or lease | 9 | | real estate at auction. | 10 | | (12) Prepares or provides a broker price opinion or | 11 | | comparative market analysis as those terms are defined in | 12 | | this Act, pursuant to the provisions of Section 10-45 of | 13 | | this Act. | 14 | | "Brokerage agreement" means an a written or oral agreement | 15 | | between a sponsoring broker and a consumer for licensed | 16 | | activities, or the performance of future licensed activities, | 17 | | to be provided to a consumer in return for compensation or the | 18 | | right to receive compensation from another. Brokerage | 19 | | agreements may constitute either a bilateral or a unilateral | 20 | | agreement between the broker and the broker's client depending | 21 | | upon the content of the brokerage agreement. All exclusive | 22 | | brokerage agreements shall be in writing and may be exclusive | 23 | | or non-exclusive . | 24 | | "Broker price opinion" means an estimate or analysis of | 25 | | the probable selling price of a particular interest in real | 26 | | estate, which may provide a varying level of detail about the |
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| 1 | | property's condition, market, and neighborhood and information | 2 | | on comparable sales. The activities of a real estate broker or | 3 | | managing broker engaging in the ordinary course of business as | 4 | | a broker, as defined in this Section, shall not be considered a | 5 | | broker price opinion if no compensation is paid to the broker | 6 | | or managing broker, other than compensation based upon the | 7 | | sale or rental of real estate. A broker price opinion shall not | 8 | | be considered an appraisal within the meaning of the Real | 9 | | Estate Appraiser Licensing Act of 2002, any amendment to that | 10 | | Act, or any successor Act. | 11 | | "Client" means a person who is being represented by a | 12 | | licensee. | 13 | | "Comparative market analysis" means an analysis or opinion | 14 | | regarding pricing, marketing, or financial aspects relating to | 15 | | a specified interest or interests in real estate that may be | 16 | | based upon an analysis of comparative market data, the | 17 | | expertise of the real estate broker or managing broker, and | 18 | | such other factors as the broker or managing broker may deem | 19 | | appropriate in developing or preparing such analysis or | 20 | | opinion. The activities of a real estate broker or managing | 21 | | broker engaging in the ordinary course of business as a | 22 | | broker, as defined in this Section, shall not be considered a | 23 | | comparative market analysis if no compensation is paid to the | 24 | | broker or managing broker, other than compensation based upon | 25 | | the sale or rental of real estate. A comparative market | 26 | | analysis shall not be considered an appraisal within the |
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| 1 | | meaning of the Real Estate Appraiser Licensing Act of 2002, | 2 | | any amendment to that Act, or any successor Act. | 3 | | "Compensation" means the valuable consideration given by | 4 | | one person or entity to another person or entity in exchange | 5 | | for the performance of some activity or service. Compensation | 6 | | shall include the transfer of valuable consideration, | 7 | | including without limitation the following: | 8 | | (1) commissions; | 9 | | (2) referral fees; | 10 | | (3) bonuses; | 11 | | (4) prizes; | 12 | | (5) merchandise; | 13 | | (6) finder fees; | 14 | | (7) performance of services; | 15 | | (8) coupons or gift certificates; | 16 | | (9) discounts; | 17 | | (10) rebates; | 18 | | (11) a chance to win a raffle, drawing, lottery, or | 19 | | similar game of chance not prohibited by any other law or | 20 | | statute; | 21 | | (12) retainer fee; or | 22 | | (13) salary. | 23 | | "Confidential information" means information obtained by a | 24 | | licensee from a client during the term of a brokerage | 25 | | agreement that (i) was made confidential by the written | 26 | | request or written instruction of the client, (ii) deals with |
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| 1 | | the negotiating position of the client, or (iii) is | 2 | | information the disclosure of which could materially harm the | 3 | | negotiating position of the client, unless at any time: | 4 | | (1) the client permits the disclosure of information | 5 | | given by that client by word or conduct; | 6 | | (2) the disclosure is required by law; or | 7 | | (3) the information becomes public from a source other | 8 | | than the licensee. | 9 | | "Confidential information" shall not be considered to | 10 | | include material information about the physical condition of | 11 | | the property. | 12 | | "Consumer" means a person or entity seeking or receiving | 13 | | licensed activities. | 14 | | "Coordinator" means the Coordinator of Real Estate created | 15 | | in Section 25-15 of this Act. | 16 | | "Credit hour" means 50 minutes of instruction in course | 17 | | work that meets the requirements set forth in rules adopted by | 18 | | the Department. | 19 | | "Customer" means a consumer who is not being represented | 20 | | by the licensee. | 21 | | "Department" means the Department of Financial and | 22 | | Professional Regulation. | 23 | | "Designated agency" means a contractual relationship | 24 | | between a sponsoring broker and a client under Section 15-50 | 25 | | of this Act in which one or more licensees associated with or | 26 | | employed by the broker are designated as agent of the client. |
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| 1 | | "Designated agent" means a sponsored licensee named by a | 2 | | sponsoring broker as the legal agent of a client, as provided | 3 | | for in Section 15-50 of this Act. | 4 | | "Designated managing broker" means a managing broker who | 5 | | has supervisory responsibilities for licensees in one or, in | 6 | | the case of a multi-office company, more than one office and | 7 | | who has been appointed as such by the sponsoring broker | 8 | | registered with the Department. | 9 | | "Director" means the Director of Real Estate within the | 10 | | Department of Financial and Professional Regulation. | 11 | | "Dual agency" means an agency relationship in which a | 12 | | licensee is representing both buyer and seller or both | 13 | | landlord and tenant in the same transaction. When the agency | 14 | | relationship is a designated agency, the question of whether | 15 | | there is a dual agency shall be determined by the agency | 16 | | relationships of the designated agent of the parties and not | 17 | | of the sponsoring broker. | 18 | | "Education provider" means a school licensed by the | 19 | | Department offering courses in pre-license, post-license, or | 20 | | continuing education required by this Act. | 21 | | "Employee" or other derivative of the word "employee", | 22 | | when used to refer to, describe, or delineate the relationship | 23 | | between a sponsoring broker and a managing broker, broker, or | 24 | | a residential leasing agent, shall be construed to include an | 25 | | independent contractor relationship, provided that a written | 26 | | agreement exists that clearly establishes and states the |
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| 1 | | relationship. | 2 | | "Escrow moneys" means all moneys, promissory notes, or any | 3 | | other type or manner of legal tender or financial | 4 | | consideration deposited with any person for the benefit of the | 5 | | parties to the transaction. A transaction exists once an | 6 | | agreement has been reached and an accepted real estate | 7 | | contract signed or lease agreed to by the parties. "Escrow | 8 | | moneys" includes, without limitation, earnest moneys and | 9 | | security deposits, except those security deposits in which the | 10 | | person holding the security deposit is also the sole owner of | 11 | | the property being leased and for which the security deposit | 12 | | is being held. | 13 | | "Electronic means of proctoring" means a methodology | 14 | | providing assurance that the person taking a test and | 15 | | completing the answers to questions is the person seeking | 16 | | licensure or credit for continuing education and is doing so | 17 | | without the aid of a third party or other device. | 18 | | "Exclusive brokerage agreement" means a written brokerage | 19 | | agreement that provides that the sponsoring broker has the | 20 | | sole right, through one or more sponsored licensees, to act as | 21 | | the exclusive agent or representative of the client and that | 22 | | meets the requirements of Section 15-75 of this Act. | 23 | | "Inactive" means a status of licensure where the licensee | 24 | | holds a current license under this Act, but the licensee is | 25 | | prohibited from engaging in licensed activities because the | 26 | | licensee is unsponsored or the license of the sponsoring |
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| 1 | | broker with whom the licensee is associated or by whom the | 2 | | licensee is employed is currently expired, revoked, suspended, | 3 | | or otherwise rendered invalid under this Act. The license of | 4 | | any business entity that is not in good standing with the | 5 | | Illinois Secretary of State, or is not authorized to conduct | 6 | | business in Illinois, shall immediately become inactive and | 7 | | that entity shall be prohibited from engaging in any licensed | 8 | | activities. | 9 | | "Leads" means the name or names of a potential buyer, | 10 | | seller, lessor, lessee, or client of a licensee. | 11 | | "License" means the privilege conferred by the Department | 12 | | to a person that has fulfilled all requirements prerequisite | 13 | | to any type of licensure under this Act. | 14 | | "Licensed activities" means those activities listed in the | 15 | | definition of "broker" under this Section. | 16 | | "Licensee" means any person licensed under this Act. | 17 | | "Listing presentation" means any communication, written or | 18 | | oral and by any means or media, between a managing broker or | 19 | | broker and a consumer in which the licensee is attempting to | 20 | | secure a brokerage agreement with the consumer to market the | 21 | | consumer's real estate for sale or lease. | 22 | | "Managing broker" means a licensee who may be authorized | 23 | | to assume responsibilities as a designated managing broker for | 24 | | licensees in one or, in the case of a multi-office company, | 25 | | more than one office, upon appointment by the sponsoring | 26 | | broker and registration with the Department. A managing broker |
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| 1 | | may act as one's own sponsor. | 2 | | "Medium of advertising" means any method of communication | 3 | | intended to influence the general public to use or purchase a | 4 | | particular good or service or real estate, including, but not | 5 | | limited to, print, electronic, social media, and digital | 6 | | forums. | 7 | | "Non-exclusive brokerage agreement" means a written | 8 | | brokerage agreement that provides that the sponsoring broker | 9 | | has the non-exclusive right, through one or more sponsored | 10 | | licensees, to act as an agent or representative of the client | 11 | | for the performance of licensed activities and meets the | 12 | | requirements of Section 15-50 of this Act. | 13 | | "Office" means a broker's place of business where the | 14 | | general public is invited to transact business and where | 15 | | records may be maintained and licenses readily available, | 16 | | whether or not it is the broker's principal place of business. | 17 | | "Person" means and includes individuals, entities, | 18 | | corporations, limited liability companies, registered limited | 19 | | liability partnerships, foreign and domestic partnerships, and | 20 | | other business entities, except that when the context | 21 | | otherwise requires, the term may refer to a single individual | 22 | | or other described entity. | 23 | | "Proctor" means any person, including, but not limited to, | 24 | | an instructor, who has a written agreement to administer | 25 | | examinations fairly and impartially with a licensed education | 26 | | provider. |
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| 1 | | "Real estate" means and includes leaseholds as well as any | 2 | | other interest or estate in land, whether corporeal, | 3 | | incorporeal, freehold, or non-freehold and whether the real | 4 | | estate is situated in this State or elsewhere. "Real estate" | 5 | | does not include property sold, exchanged, or leased as a | 6 | | timeshare or similar vacation item or interest, vacation club | 7 | | membership, or other activity formerly regulated under the | 8 | | Real Estate Timeshare Act of 1999 (repealed). | 9 | | "Regular employee" means a person working an average of 20 | 10 | | hours per week for a person or entity who would be considered | 11 | | as an employee under the Internal Revenue Service rules for | 12 | | classifying workers. | 13 | | "Renewal period" means the period beginning 90 days prior | 14 | | to the expiration date of a license. | 15 | | "Residential leasing agent" means a person who is employed | 16 | | by a broker to engage in licensed activities limited to | 17 | | leasing residential real estate who has obtained a license as | 18 | | provided for in Section 5-5 of this Act. | 19 | | "Secretary" means the Secretary of the Department of | 20 | | Financial and Professional Regulation, or a person authorized | 21 | | by the Secretary to act in the Secretary's stead. | 22 | | "Sponsoring broker" means the broker who certifies to the | 23 | | Department the broker's sponsorship of a licensed managing | 24 | | broker, broker, or a residential leasing agent. | 25 | | "Sponsorship" means that a sponsoring broker has certified | 26 | | to the Department that a managing broker, broker, or |
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| 1 | | residential leasing agent is employed by or associated by | 2 | | written agreement with the sponsoring broker and the | 3 | | Department has registered the sponsorship, as provided for in | 4 | | Section 5-40 of this Act. | 5 | | "Team" means any 2 or more licensees who work together to | 6 | | provide real estate brokerage services, represent themselves | 7 | | to the public as being part of a team or group, are identified | 8 | | by a team name that is different than their sponsoring | 9 | | broker's name, and together are supervised by the same | 10 | | managing broker and sponsored by the same sponsoring broker. | 11 | | "Team" does not mean a separately organized, incorporated, or | 12 | | legal entity. | 13 | | (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24 .) | 14 | | (225 ILCS 454/5-20) | 15 | | (Section scheduled to be repealed on January 1, 2030) | 16 | | Sec. 5-20. Exemptions from managing broker, broker, or | 17 | | residential leasing agent license requirement; Department | 18 | | exemption from education provider and related licenses. The | 19 | | requirement for holding a license under this Article 5 shall | 20 | | not apply to: | 21 | | (1) Any person, as defined in Section 1-10, who: (A) | 22 | | is the that as owner or lessor of real property who | 23 | | performs any of the acts described in the definition of | 24 | | "broker" under Section 1-10 of this Act only as it relates | 25 | | to the owned or leased property; or (B) is with reference |
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| 1 | | to property owned or leased by it, or to the regular | 2 | | employee who, in the course of the employee's duties and | 3 | | incidental to employees thereof with respect to the | 4 | | property so owned or leased, where such acts are performed | 5 | | in the regular course of or as an incident to the | 6 | | management, sale, or other disposition of such property | 7 | | and the investment of the owned or leased property | 8 | | performs therein, if such regular employees do not perform | 9 | | any of the acts described in the definition of "broker" | 10 | | under Section 1-10 of this Act in connection with a | 11 | | vocation of selling or leasing any real estate or the | 12 | | improvements thereon not so owned or leased . The exemption | 13 | | in this item (1) does not apply to the person, the person's | 14 | | employees, or the person's agents performing licensed | 15 | | activity for property not owned or leased by that person. | 16 | | (2) An attorney in fact acting under a duly executed | 17 | | and recorded power of attorney to convey real estate from | 18 | | the owner or lessor or the services rendered by an | 19 | | attorney at law in the performance of the attorney's duty | 20 | | as an attorney at law. | 21 | | (3) Any person acting as receiver, trustee in | 22 | | bankruptcy, administrator, executor, or guardian or while | 23 | | acting under a court order or under the authority of a will | 24 | | or testamentary trust. | 25 | | (4) Any person acting as a resident manager for the | 26 | | owner or any employee acting as the resident manager for a |
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| 1 | | broker managing an apartment building, duplex, or | 2 | | apartment complex, when the resident manager resides on | 3 | | the premises, the premises is the primary residence of the | 4 | | resident manager, and the resident manager is engaged in | 5 | | the leasing of that property. | 6 | | (5) Any officer or employee of a federal agency in the | 7 | | conduct of official duties. | 8 | | (6) Any officer or employee of the State government or | 9 | | any political subdivision thereof performing official | 10 | | duties. | 11 | | (7) Any multiple listing service or other similar | 12 | | information exchange that is engaged in the collection and | 13 | | dissemination of information concerning real estate | 14 | | available for sale, purchase, lease, or exchange for the | 15 | | purpose of providing licensees with a system by which | 16 | | licensees may cooperatively share information along with | 17 | | which no other licensed activities, as defined in Section | 18 | | 1-10 of this Act, are provided. | 19 | | (8) Railroads and other public utilities regulated by | 20 | | the State of Illinois, or the officers or full-time | 21 | | employees thereof, unless the performance of any licensed | 22 | | activities is in connection with the sale, purchase, | 23 | | lease, or other disposition of real estate or investment | 24 | | therein that does not require the approval of the | 25 | | appropriate State regulatory authority. | 26 | | (9) Any medium of advertising in the routine course of |
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| 1 | | selling or publishing advertising along with which no | 2 | | other licensed activities, as defined in Section 1-10 of | 3 | | this Act, are provided. | 4 | | (10) Any resident lessee of a residential dwelling | 5 | | unit who refers for compensation to the owner of the | 6 | | dwelling unit, or to the owner's agent, prospective | 7 | | lessees of dwelling units in the same building or complex | 8 | | as the resident lessee's unit, but only if the resident | 9 | | lessee (i) refers no more than 3 prospective lessees in | 10 | | any 12-month period, (ii) receives compensation of no more | 11 | | than $5,000 or the equivalent of 2 months' rent, whichever | 12 | | is less, in any 12-month period, and (iii) limits | 13 | | activities to referring prospective lessees to the owner, | 14 | | or the owner's agent, and does not show a residential | 15 | | dwelling unit to a prospective lessee, discuss terms or | 16 | | conditions of leasing a dwelling unit with a prospective | 17 | | lessee, or otherwise participate in the negotiation of the | 18 | | leasing of a dwelling unit. | 19 | | (11) The purchase, sale, or transfer of a timeshare or | 20 | | similar vacation item or interest, vacation club | 21 | | membership, or other activity formerly regulated under the | 22 | | Real Estate Timeshare Act of 1999 (repealed). | 23 | | (12) (Blank). | 24 | | (13) Any person who is licensed without examination | 25 | | under Section 10-25 (now repealed) of the Auction License | 26 | | Act is exempt from holding a managing broker's or broker's |
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| 1 | | license under this Act for the limited purpose of selling | 2 | | or leasing real estate at auction, so long as: | 3 | | (A) that person has made application for said | 4 | | exemption by July 1, 2000; | 5 | | (B) that person verifies to the Department that | 6 | | the person has sold real estate at auction for a period | 7 | | of 5 years prior to licensure as an auctioneer; | 8 | | (C) the person has had no lapse in the licensure as | 9 | | an auctioneer; and | 10 | | (D) the license issued under the Auction License | 11 | | Act has not been disciplined for violation of those | 12 | | provisions of Article 20 of the Auction License Act | 13 | | dealing with or related to the sale or lease of real | 14 | | estate at auction. | 15 | | (14) A person who holds a valid license under the | 16 | | Auction License Act and a valid real estate auction | 17 | | certification and conducts auctions for the sale of real | 18 | | estate under Section 5-32 of this Act. | 19 | | (15) A hotel operator who is registered with the | 20 | | Illinois Department of Revenue and pays taxes under the | 21 | | Hotel Operators' Occupation Tax Act and rents a room or | 22 | | rooms in a hotel as defined in the Hotel Operators' | 23 | | Occupation Tax Act for a period of not more than 30 | 24 | | consecutive days and not more than 60 days in a calendar | 25 | | year or a person who participates in an online marketplace | 26 | | enabling persons to rent out all or part of the person's |
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| 1 | | owned residence. | 2 | | (16) Notwithstanding any provisions to the contrary, | 3 | | the Department and its employees shall be exempt from | 4 | | education, course provider, instructor, and course license | 5 | | requirements and fees while acting in an official capacity | 6 | | on behalf of the Department. Courses offered by the | 7 | | Department shall be eligible for continuing education | 8 | | credit. | 9 | | (Source: P.A. 103-236, eff. 1-1-24 .) | 10 | | (225 ILCS 454/5-25) | 11 | | (Section scheduled to be repealed on January 1, 2030) | 12 | | Sec. 5-25. Good moral character. | 13 | | (a) When an applicant has had a license revoked on a prior | 14 | | occasion or when an applicant is found to have committed any of | 15 | | the practices enumerated in Section 20-20 of this Act or when | 16 | | an applicant has been convicted of or enters a plea of guilty | 17 | | or nolo contendere to forgery, embezzlement, obtaining money | 18 | | under false pretenses, larceny, extortion, conspiracy to | 19 | | defraud, or any other similar offense or offenses or has been | 20 | | convicted of a felony involving moral turpitude in any court | 21 | | of competent jurisdiction in this or any other state, | 22 | | district, or territory of the United States or of a foreign | 23 | | country, the Department Board may consider the prior | 24 | | revocation, conduct, or conviction in its determination of the | 25 | | applicant's moral character and whether to grant the applicant |
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| 1 | | a license. | 2 | | (b) In its consideration of the prior revocation, conduct, | 3 | | or conviction, the Department Board shall take into account | 4 | | the nature of the conduct, any aggravating or extenuating | 5 | | circumstances, the time elapsed since the revocation, conduct, | 6 | | or conviction, the rehabilitation or restitution performed by | 7 | | the applicant, mitigating factors, and any other factors that | 8 | | the Department Board deems relevant, including, but not | 9 | | limited to: | 10 | | (1) the lack of direct relation of the offense for | 11 | | which the applicant was previously convicted to the | 12 | | duties, functions, and responsibilities of the position | 13 | | for which a license is sought; | 14 | | (2) unless otherwise specified, whether 5 years since | 15 | | a felony conviction or 3 years since release from | 16 | | confinement for the conviction, whichever is later, have | 17 | | passed without a subsequent conviction; | 18 | | (3) if the applicant was previously licensed or | 19 | | employed in this State or other states or jurisdictions, | 20 | | the lack of prior misconduct arising from or related to | 21 | | the licensed position or position of employment; | 22 | | (4) the age of the person at the time of the criminal | 23 | | offense; | 24 | | (5) if, due to the applicant's criminal conviction | 25 | | history, the applicant would be explicitly prohibited by | 26 | | federal rules or regulations from working in the position |
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| 1 | | for which a license is sought; | 2 | | (6) successful completion of sentence and, for | 3 | | applicants serving a term of parole or probation, a | 4 | | progress report provided by the applicant's probation or | 5 | | parole officer that documents the applicant's compliance | 6 | | with conditions of supervision; | 7 | | (7) evidence of the applicant's present fitness and | 8 | | professional character; | 9 | | (8) evidence of rehabilitation or rehabilitative | 10 | | effort during or after incarceration, or during or after a | 11 | | term of supervision, including, but not limited to, a | 12 | | certificate of good conduct under Section 5-5.5-25 of the | 13 | | Unified Code of Corrections or a certificate of relief | 14 | | from disabilities under Section 5-5.5-10 of the Unified | 15 | | Code of Corrections; and | 16 | | (9) any other mitigating factors that contribute to | 17 | | the person's potential and current ability to perform the | 18 | | job duties. | 19 | | (c) The Department shall not require applicants to report | 20 | | the following information and shall not consider the following | 21 | | criminal history records in connection with an application for | 22 | | licensure or registration: | 23 | | (1) juvenile adjudications of delinquent minors as | 24 | | defined in Section 5-105 of the Juvenile Court Act of 1987 | 25 | | subject to the restrictions set forth in Section 5-130 of | 26 | | that Act; |
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| 1 | | (2) law enforcement records, court records, and | 2 | | conviction records of an individual who was 17 years old | 3 | | at the time of the offense and before January 1, 2014, | 4 | | unless the nature of the offense required the individual | 5 | | to be tried as an adult; | 6 | | (3) records of arrests not followed by a charge or | 7 | | conviction; | 8 | | (4) records of arrests where the charges were | 9 | | dismissed unless related to the practice of the | 10 | | profession; however, applicants shall not be asked to | 11 | | report any arrests, and an arrest not followed by a | 12 | | conviction shall not be the basis of a denial and may be | 13 | | used only to assess an applicant's rehabilitation; | 14 | | (5) convictions overturned by a higher court; or | 15 | | (6) convictions or arrests that have been sealed or | 16 | | expunged. | 17 | | (d) If an applicant makes a false statement of material | 18 | | fact on the application, the false statement may in itself be | 19 | | sufficient grounds to revoke or refuse to issue a license. | 20 | | (e) A licensee shall report to the Department, in a manner | 21 | | prescribed by the Department and within 30 days after the | 22 | | occurrence of: (1) any conviction of or plea of guilty, or nolo | 23 | | contendere to forgery, embezzlement, obtaining money under | 24 | | false pretenses, larceny, extortion, conspiracy to defraud, or | 25 | | any similar offense or offenses or any conviction of a felony | 26 | | involving moral turpitude; (2) the entry of an administrative |
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| 1 | | sanction by a government agency in this State or any other | 2 | | jurisdiction that has as an essential element of dishonesty or | 3 | | fraud or involves larceny, embezzlement, or obtaining money, | 4 | | property, or credit by false pretenses; or (3) any conviction | 5 | | of or plea of guilty or nolo contendere to a crime that | 6 | | subjects the licensee to compliance with the requirements of | 7 | | the Sex Offender Registration Act. | 8 | | (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.) | 9 | | (225 ILCS 454/5-28) | 10 | | (Section scheduled to be repealed on January 1, 2030) | 11 | | Sec. 5-28. Requirements for licensure as a managing | 12 | | broker. | 13 | | (a) Every applicant for licensure as a managing broker | 14 | | must meet the following qualifications: | 15 | | (1) be at least 20 years of age; | 16 | | (2) be of good moral character; | 17 | | (3) have been licensed at least 2 consecutive years | 18 | | out of the preceding 3 years as a broker; | 19 | | (4) successfully complete a 4-year course of study in | 20 | | high school or secondary school approved by the state in | 21 | | which the school is located, or a State of Illinois High | 22 | | School Diploma, which shall be verified under oath by the | 23 | | applicant; | 24 | | (5) provide satisfactory evidence of having completed | 25 | | at least 165 hours, 120 of which shall be those hours |
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| 1 | | required pre-licensure and post-licensure to obtain a | 2 | | broker's license, and 45 additional hours completed within | 3 | | the year immediately preceding the filing of an | 4 | | application for a managing broker's license, which hours | 5 | | shall focus on brokerage administration and management and | 6 | | residential leasing agent management and include at least | 7 | | 15 hours in the classroom or by live, interactive webinar | 8 | | or online distance education courses; | 9 | | (6) personally take and pass a written examination on | 10 | | Illinois specific real estate brokerage laws authorized by | 11 | | the Department; and | 12 | | (7) submit a valid application for issuance of a | 13 | | license accompanied by the fees specified by rule. | 14 | | (b) The requirements specified in item (5) of subsection | 15 | | (a) of this Section do not apply to applicants who are | 16 | | currently admitted to practice law by the Supreme Court of | 17 | | Illinois and are currently in active standing. | 18 | | (Source: P.A. 101-357, eff. 8-9-19; 102-1100, eff. 1-1-23 .) | 19 | | (225 ILCS 454/5-35) | 20 | | (Section scheduled to be repealed on January 1, 2030) | 21 | | Sec. 5-35. Examination; managing broker, broker, or | 22 | | residential leasing agent. | 23 | | (a) The Department shall authorize examinations at such | 24 | | times and places as it may designate. The examination shall be | 25 | | of a character to give a fair test of the qualifications of the |
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| 1 | | applicant to practice as a managing broker, broker, or | 2 | | residential leasing agent. Applicants for examination as a | 3 | | managing broker, broker, or residential leasing agent shall be | 4 | | required to pay, either to the Department or the designated | 5 | | testing service, a fee covering the cost of providing the | 6 | | examination. Failure to appear for the examination on the | 7 | | scheduled date, at the time and place specified, after the | 8 | | applicant's application for examination has been received and | 9 | | acknowledged by the Department or its designated testing | 10 | | service, shall result in the forfeiture of the examination | 11 | | fee. An applicant shall be eligible to take the examination | 12 | | only after successfully completing the education requirements | 13 | | and attaining the minimum age provided for in Article 5 of this | 14 | | Act. Approved pre-license education, as prescribed by this Act | 15 | | for licensure as a managing broker, broker, or residential | 16 | | leasing agent, shall be valid for 2 years after the date of | 17 | | satisfactory completion of all required pre-license education. | 18 | | Each applicant shall be required to establish compliance with | 19 | | the eligibility requirements in the manner provided by the | 20 | | rules promulgated for the administration of this Act. | 21 | | (b) If a person who has received a passing score on the | 22 | | written examination described in this Section fails to submit | 23 | | an application and meet all requirements for a license under | 24 | | this Act within one year after receiving a passing score on the | 25 | | examination, credit for the examination shall terminate. The | 26 | | person thereafter may make a new application for examination. |
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| 1 | | (c) If an applicant has failed an examination 4 | 2 | | consecutive times, the applicant must repeat the pre-license | 3 | | education required to sit for that examination. For the | 4 | | purposes of this Section, the fifth attempt shall be the same | 5 | | as the first , and the applicant must complete a new | 6 | | application for examination . Approved education, as prescribed | 7 | | by this Act for licensure as a managing broker, broker, or | 8 | | residential leasing agent, shall be valid for 2 years after | 9 | | the date of satisfactory completion of the education. | 10 | | (d) The Department may employ consultants for the purposes | 11 | | of preparing and conducting examinations. | 12 | | (e) Each applicant shall establish the applicant's | 13 | | compliance with the eligibility requirements in the manner | 14 | | provided by the rules adopted for the administration of this | 15 | | Act. | 16 | | (Source: P.A. 101-357, eff. 8-9-19.) | 17 | | (225 ILCS 454/5-45) | 18 | | (Section scheduled to be repealed on January 1, 2030) | 19 | | Sec. 5-45. Offices. | 20 | | (a) If a sponsoring broker maintains more than one office | 21 | | within the State, the sponsoring broker shall notify the | 22 | | Department in a manner prescribed by the Department for each | 23 | | office other than the sponsoring broker's principal place of | 24 | | business. The brokerage license shall be displayed | 25 | | conspicuously in each office. The name of each branch office |
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| 1 | | shall be the same as that of the sponsoring broker's principal | 2 | | office or shall clearly delineate the office's relationship | 3 | | with the principal office. | 4 | | (b) The sponsoring broker shall name a designated managing | 5 | | broker for each office and the sponsoring broker shall be | 6 | | responsible for supervising all designated managing brokers. | 7 | | The sponsoring broker shall notify the Department in a manner | 8 | | prescribed by the Department of the name of all designated | 9 | | managing brokers of the sponsoring broker and the office or | 10 | | offices they manage. Any changes in designated managing | 11 | | brokers shall be reported to the Department in a manner | 12 | | prescribed by the Department within 15 days of the change. | 13 | | Failure to do so shall subject the sponsoring broker to | 14 | | discipline under Section 20-20 of this Act. | 15 | | (c) The sponsoring broker shall, within 24 hours, notify | 16 | | the Department in a manner prescribed by the Department of any | 17 | | opening, closing, or change in location of any office. | 18 | | (d) Except as provided in this Section, each sponsoring | 19 | | broker shall maintain an office, or place of business within | 20 | | this State for the transaction of real estate business, shall | 21 | | conspicuously display an identification sign on the outside of | 22 | | the physical office of adequate size and visibility. Any | 23 | | record required by this Act to be created or maintained shall | 24 | | be, in the case of a physical record, securely stored and | 25 | | accessible for inspection by the Department at the sponsoring | 26 | | broker's principal office and, in the case of an electronic |
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| 1 | | record, securely stored in the format in which it was | 2 | | originally generated, sent, or received and accessible for | 3 | | inspection by the Department by secure electronic access to | 4 | | the record. Any record relating to a transaction of a special | 5 | | account shall be maintained for a minimum of 5 years, and any | 6 | | electronic record shall be backed up at least monthly. The | 7 | | physical office or place of business shall not be located in | 8 | | any retail or financial business establishment unless it is | 9 | | clearly separated from the other business and is situated | 10 | | within a distinct area within the establishment. | 11 | | (e) A nonresident broker who is licensed in this State by | 12 | | examination or pursuant to the provisions of Section 5-60 or | 13 | | 5-60.5 of this Act shall not be required to maintain a definite | 14 | | office or place of business in this State so long as the broker | 15 | | provided all of the following conditions are met : | 16 | | (1) the broker maintains an active broker's license in | 17 | | the broker's other state of licensure domicile ; | 18 | | (2) the broker maintains an office in the broker's | 19 | | other state of licensure domicile ; and | 20 | | (3) files the broker has filed with the Department | 21 | | written statements appointing the Secretary to act as the | 22 | | broker's agent upon whom all judicial and other process or | 23 | | legal notices directed to the licensee may be served and | 24 | | agreeing to abide by all of the provisions of this Act with | 25 | | respect to the broker's real estate activities within the | 26 | | State of Illinois and submitting to the jurisdiction of |
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| 1 | | the Department. | 2 | | The statements under subdivision (3) of this Section shall | 3 | | be in form and substance the same as those statements required | 4 | | under Section 5-60 of this Act and shall operate to the same | 5 | | extent. | 6 | | (f) The Department may adopt rules to regulate the | 7 | | operation of virtual offices that do not have a fixed | 8 | | location. A broker who qualifies under subsection (e) of this | 9 | | Section may also operate a virtual office in the State subject | 10 | | to all requirements of this Act and the rules adopted under | 11 | | this Act. | 12 | | (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.) | 13 | | (225 ILCS 454/5-60) | 14 | | (Section scheduled to be repealed on January 1, 2030) | 15 | | Sec. 5-60. Managing broker licensed in another state; | 16 | | broker licensed in another state; reciprocal agreements; agent | 17 | | for service of process. | 18 | | (a) A managing broker's license may be issued by the | 19 | | Department to a managing broker or its equivalent licensed | 20 | | under the laws of another state of the United States, under the | 21 | | following conditions: | 22 | | (1) the managing broker holds a managing broker's | 23 | | license in a state that has entered into a reciprocal | 24 | | agreement with the Department; | 25 | | (2) the standards for that state for licensing as a |
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| 1 | | managing broker are substantially equal to or greater than | 2 | | the minimum standards in the State of Illinois; | 3 | | (3) the managing broker has been actively practicing | 4 | | as a managing broker in the managing broker's state of | 5 | | licensure for a period of not less than 2 years, | 6 | | immediately prior to the date of application; | 7 | | (4) the managing broker furnishes the Department with | 8 | | a statement under seal of the proper licensing authority | 9 | | of the state in which the managing broker is licensed | 10 | | showing that the managing broker has an active managing | 11 | | broker's license, that the managing broker is in good | 12 | | standing, and any disciplinary action taken against the | 13 | | managing broker in that state; | 14 | | (5) the managing broker passes a test on Illinois | 15 | | specific real estate brokerage laws; and | 16 | | (6) the managing broker was licensed by an examination | 17 | | in the state that has entered into a reciprocal agreement | 18 | | with the Department. | 19 | | (b) A broker's license may be issued by the Department to a | 20 | | broker or its equivalent licensed under the laws of another | 21 | | state of the United States, under the following conditions: | 22 | | (1) the broker holds a broker's license in a state | 23 | | that has entered into a reciprocal agreement with the | 24 | | Department; | 25 | | (2) the standards for that state for licensing as a | 26 | | broker are substantially equivalent to or greater than the |
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| 1 | | minimum standards in the State of Illinois; | 2 | | (3) (blank); | 3 | | (4) the broker furnishes the Department with a | 4 | | statement under seal of the proper licensing authority of | 5 | | the state in which the broker is licensed showing that the | 6 | | broker has an active broker's license, that the broker is | 7 | | in good standing, and any disciplinary action taken | 8 | | against the broker in that state; | 9 | | (5) the broker passes a test on Illinois specific real | 10 | | estate brokerage laws; and | 11 | | (6) the broker was licensed by an examination in a | 12 | | state that has entered into a reciprocal agreement with | 13 | | the Department. | 14 | | (c) (Blank). | 15 | | (d) As a condition precedent to the issuance of a license | 16 | | to a managing broker or broker pursuant to this Section, the | 17 | | managing broker or broker shall agree in writing to abide by | 18 | | all the provisions of this Act with respect to real estate | 19 | | activities within the State of Illinois and submit to the | 20 | | jurisdiction of the Department as provided in this Act. The | 21 | | agreement shall be filed with the Department and shall remain | 22 | | in force for so long as the managing broker or broker is | 23 | | licensed by this State and thereafter with respect to acts or | 24 | | omissions committed while licensed as a managing broker or | 25 | | broker in this State. | 26 | | (e) The Prior to the issuance of any license to any |
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| 1 | | managing broker or broker pursuant to this Section, | 2 | | verification of active licensure issued for the conduct of | 3 | | such business in any other state must be filed with the | 4 | | Department by the managing broker or broker, and the same fees | 5 | | must be paid as provided in this Act for the obtaining of a | 6 | | managing broker's or broker's license in this State. | 7 | | (f) Licenses previously granted under reciprocal | 8 | | agreements with other states shall remain in force so long as | 9 | | the Department has a reciprocal agreement with the state that | 10 | | includes the requirements of this Section, unless that license | 11 | | is suspended, revoked, or terminated by the Department for any | 12 | | reason provided for suspension, revocation, or termination of | 13 | | a resident licensee's license. Licenses granted under | 14 | | reciprocal agreements may be renewed in the same manner as a | 15 | | resident's license. | 16 | | (g) Prior to the issuance of a license to a nonresident | 17 | | managing broker or broker, the managing broker or broker shall | 18 | | file with the Department, in a manner prescribed by the | 19 | | Department, a designation in writing that appoints the | 20 | | Secretary to act as agent upon whom all judicial and other | 21 | | process or legal notices directed to the managing broker or | 22 | | broker may be served. Service upon the agent so designated | 23 | | shall be equivalent to personal service upon the licensee. | 24 | | Copies of the appointment, certified by the Secretary, shall | 25 | | be deemed sufficient evidence thereof and shall be admitted in | 26 | | evidence with the same force and effect as the original |
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| 1 | | thereof might be admitted. In the written designation, the | 2 | | managing broker or broker shall agree that any lawful process | 3 | | against the licensee that is served upon the agent shall be of | 4 | | the same legal force and validity as if served upon the | 5 | | licensee and that the authority shall continue in force so | 6 | | long as any liability remains outstanding in this State. Upon | 7 | | the receipt of any process or notice, the Secretary shall | 8 | | forthwith deliver a copy of the same by regular mail or email | 9 | | to the last known business address or email address of the | 10 | | licensee. | 11 | | (h) (Blank). Any person holding a valid license under this | 12 | | Section shall be eligible to obtain a managing broker's | 13 | | license or a broker's license without examination should that | 14 | | person change their state of domicile to Illinois and that | 15 | | person otherwise meets the qualifications for licensure under | 16 | | this Act. | 17 | | (i) This Section is repealed on January 1, 2026. | 18 | | (Source: P.A. 103-236, eff. 1-1-24 .) | 19 | | (225 ILCS 454/5-60.1 new) | 20 | | Sec. 5-60.1. Applications for licensure based upon | 21 | | reciprocal agreements. On and after January 1, 2026 (the | 22 | | repeal date of Section 5-60), applications for licensure based | 23 | | upon reciprocal agreements shall not be accepted. Licenses | 24 | | granted under reciprocal agreements prior to January 1, 2026 | 25 | | shall remain in force and may be renewed in the same manner as |
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| 1 | | provided for a broker or managing broker license under Section | 2 | | 5-50 of this Act and by rule. | 3 | | (225 ILCS 454/5-60.5 new) | 4 | | Sec. 5-60.5. Managing broker licensed in another state; | 5 | | broker licensed in another state; endorsement requirements; | 6 | | agent for service of process. | 7 | | (a) A managing broker's license may be issued by the | 8 | | Department to a managing broker or its equivalent licensed | 9 | | under the laws of another state or jurisdiction of the United | 10 | | States under the following conditions: | 11 | | (1) the managing broker holds an active managing | 12 | | broker's license or its equivalent in another state or | 13 | | jurisdiction; | 14 | | (2) the managing broker has been actively practicing | 15 | | as a managing broker or its license equivalent in the | 16 | | managing broker's state or jurisdiction of licensure for a | 17 | | period of not less than 2 years immediately prior to the | 18 | | date of application; | 19 | | (3) the managing broker furnishes the Department with | 20 | | an official statement from the proper licensing authority | 21 | | of each state or jurisdiction in which the managing broker | 22 | | is licensed certifying (i) that the managing broker has an | 23 | | active license, (ii) that the managing broker is in good | 24 | | standing, and (iii) any history of discipline against the | 25 | | managing broker in that state or jurisdiction of |
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| 1 | | licensure; | 2 | | (4) the managing broker passes a test on Illinois | 3 | | specific real estate brokerage laws; and | 4 | | (5) the managing broker provides proof of successful | 5 | | completion of a pre-license endorsement course approved by | 6 | | the Department. | 7 | | (b) A broker's license may be issued by the Department to a | 8 | | broker or its equivalent licensed under the laws of another | 9 | | state or jurisdiction of the United States under the following | 10 | | conditions: | 11 | | (1) the broker holds an active broker's license or its | 12 | | equivalent in another state or jurisdiction; | 13 | | (2) the broker furnishes the Department with an | 14 | | official statement from the proper licensing authority of | 15 | | each state or jurisdiction in which the broker is licensed | 16 | | certifying (i) whether the broker has an active license, | 17 | | (ii) that the broker is in good standing, and (iii) any | 18 | | history of discipline against the broker in that state or | 19 | | jurisdiction of licensure; | 20 | | (3) the broker passes a test on Illinois specific real | 21 | | estate brokerage laws; | 22 | | (4) the broker provides proof of successful completion | 23 | | of a pre-license endorsement course approved by the | 24 | | Department; and | 25 | | (5) if the broker has been actively practicing as a | 26 | | broker or its license equivalent in any other state or |
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| 1 | | jurisdiction for less than 2 years immediately prior to | 2 | | the date of application, the broker must complete the 45 | 3 | | hours of post-license broker education prescribed in this | 4 | | Act and by rule. | 5 | | (c) As a condition precedent to the issuance of a license | 6 | | to a managing broker or broker pursuant to this Section, the | 7 | | managing broker or broker shall agree to abide by all the | 8 | | provisions of this Act with respect to managing broker's or | 9 | | broker's real estate activities within the State of Illinois | 10 | | and submit to the jurisdiction of the Department as provided | 11 | | in this Act. The agreement shall remain in force for so long as | 12 | | the managing broker or broker is licensed by this State and | 13 | | thereafter with respect to acts or omissions committed while | 14 | | licensed in this State. | 15 | | (d) Prior to the issuance of a license to a nonresident | 16 | | managing broker or broker, the managing broker or broker shall | 17 | | file with the Department a designation in writing that | 18 | | appoints the Secretary to act as the managing broker's or | 19 | | broker's agent upon whom all judicial and other process or | 20 | | legal notices directed to the managing broker or broker may be | 21 | | served. Service upon the Secretary shall be equivalent to | 22 | | personal service upon the licensee. Copies of the appointment, | 23 | | certified by the Secretary, shall be deemed sufficient | 24 | | evidence and shall be admitted into evidence with the same | 25 | | force and effect as if the original is admitted. | 26 | | (e) The same fees must be paid as provided in this Act for |
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| 1 | | obtaining a managing broker's or broker's license in this | 2 | | State. | 3 | | (f) In the written designation, the managing broker or | 4 | | broker shall agree that any lawful process against the | 5 | | licensee that is served upon the agent shall be of the same | 6 | | legal force and validity as if served upon the licensee and | 7 | | that the authority shall continue in force so long as any | 8 | | liability remains outstanding in this State. Upon the receipt | 9 | | of any process or notice, the Secretary shall deliver a copy of | 10 | | the same by regular mail or email to the mailing address or | 11 | | email address of record of the licensee. | 12 | | (225 ILCS 454/5-70) | 13 | | (Section scheduled to be repealed on January 1, 2030) | 14 | | Sec. 5-70. Continuing education requirement; managing | 15 | | broker or broker. | 16 | | (a) The requirements of this Section apply to all managing | 17 | | brokers and brokers. | 18 | | (b) Except as otherwise provided in this Section, each | 19 | | person who applies for renewal of a license as a managing | 20 | | broker or broker must successfully complete 12 hours of real | 21 | | estate continuing education courses recommended by the Board | 22 | | and approved by the Department during the current term of the | 23 | | license. In addition, those licensees renewing or obtaining a | 24 | | managing broker's license must successfully complete a 12-hour | 25 | | broker management continuing education course approved by the |
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| 1 | | Department during the current term of the license. The broker | 2 | | management continuing education course must be completed in | 3 | | the classroom , or through a live, interactive webinar , or in | 4 | | an online distance education format. No license may be renewed | 5 | | except upon the successful completion of the required courses | 6 | | or their equivalent or upon a waiver of those requirements for | 7 | | good cause shown as determined by the Secretary upon the | 8 | | recommendation of the Board. The requirements of this Article | 9 | | are applicable to all managing brokers and brokers except | 10 | | those managing brokers and brokers who, during the current | 11 | | term of licensure: | 12 | | (1) serve in the armed services of the United States; | 13 | | (2) serve as an elected State or federal official; | 14 | | (3) serve as a full-time employee of the Department; | 15 | | or | 16 | | (4) are admitted to practice law pursuant to Illinois | 17 | | Supreme Court rule. | 18 | | (c) (Blank). | 19 | | (d) A person receiving an initial license during the 90 | 20 | | days before the renewal date shall not be required to complete | 21 | | the continuing education courses provided for in subsection | 22 | | (b) of this Section as a condition of initial license renewal. | 23 | | (e) The continuing education requirement for brokers and | 24 | | managing brokers shall consist of a single core curriculum , | 25 | | which must include at least 2 credit hours of fair housing | 26 | | training, and an elective curriculum, to be recommended by the |
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| 1 | | Board and approved by the Department in accordance with this | 2 | | subsection. With the exception of the fair housing training, | 3 | | the The core curriculum shall not be further divided into | 4 | | subcategories or divisions of instruction. The core curriculum | 5 | | shall consist of 6 total 4 hours during the current term of the | 6 | | license on subjects that may include, but are not limited to, | 7 | | advertising, agency, disclosures, escrow, fair housing, | 8 | | residential leasing agent management, and license law , and | 9 | | must include at least 2 credit hours of fair housing training . | 10 | | The amount of time allotted to each of the remaining these | 11 | | subjects shall be recommended by the Board and determined by | 12 | | the Department. | 13 | | The Department, upon the recommendation of the Board, | 14 | | shall review the core curriculum every 4 years, at a minimum, | 15 | | and shall revise the curriculum if necessary. However, the | 16 | | core curriculum's total hourly requirement shall only be | 17 | | subject to change by amendment of this subsection, and any | 18 | | change to the core curriculum shall not be effective for a | 19 | | period of 6 months after such change is made by the Department. | 20 | | The Department shall provide notice to all approved education | 21 | | providers of any changes to the core curriculum. When | 22 | | determining whether revisions of the core curriculum's | 23 | | subjects or specific time requirements are necessary, the | 24 | | Board shall consider recent changes in applicable laws, new | 25 | | laws, and areas of the license law and the Department policy | 26 | | that the Board deems appropriate, and any other subject areas |
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| 1 | | the Board deems timely and applicable in order to prevent | 2 | | violations of this Act and to protect the public. In | 3 | | establishing a recommendation to the Department regarding the | 4 | | elective curriculum, the Board shall consider subjects that | 5 | | cover the various aspects of the practice of real estate that | 6 | | are covered under the scope of this Act. | 7 | | (f) The subject areas of continuing education courses | 8 | | recommended by the Board and approved by the Department shall | 9 | | be meant to protect the professionalism of the industry, the | 10 | | consumer, and the public and prevent violations of this Act | 11 | | and may include , without limitation , the following: | 12 | | (1) license law and escrow; | 13 | | (2) antitrust; | 14 | | (3) fair housing; | 15 | | (4) agency; | 16 | | (5) appraisal; | 17 | | (6) property management; | 18 | | (7) residential brokerage; | 19 | | (8) farm property management; | 20 | | (9) transaction management rights and duties of | 21 | | parties in a transaction; | 22 | | (10) commercial brokerage and leasing; | 23 | | (11) real estate financing; | 24 | | (12) disclosures; | 25 | | (13) residential leasing agent management; | 26 | | (14) advertising; |
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| 1 | | (15) broker supervision and designated managing broker | 2 | | responsibility; | 3 | | (16) professional conduct; and | 4 | | (17) use of technology ; and . | 5 | | (18) diversity, equity, and inclusion. | 6 | | (g) In lieu of credit for those courses listed in | 7 | | subsection (f) of this Section, credit may be earned for | 8 | | serving as a licensed instructor in an approved course of | 9 | | continuing education. The amount of credit earned for teaching | 10 | | a course shall be the amount of continuing education credit | 11 | | for which the course is approved for licensees taking the | 12 | | course. | 13 | | (h) Credit hours may be earned for self-study programs | 14 | | approved by the Department. | 15 | | (i) A managing broker or broker may earn credit for a | 16 | | specific continuing education course only once during the | 17 | | current term of the license. | 18 | | (j) No more than 12 hours of continuing education credit | 19 | | may be taken in one calendar day. | 20 | | (k) To promote the offering of a uniform and consistent | 21 | | course content, the Department may provide for the development | 22 | | of a single broker management course to be offered by all | 23 | | education providers who choose to offer the broker management | 24 | | continuing education course. The Department may contract for | 25 | | the development of the 12-hour broker management continuing | 26 | | education course with an outside vendor or consultant and, if |
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| 1 | | the course is developed in this manner, the Department or the | 2 | | outside consultant shall license the use of that course to all | 3 | | approved education providers who wish to provide the course. | 4 | | (l) Except as specifically provided in this Act, | 5 | | continuing education credit hours may not be earned for | 6 | | completion of pre-license or post-license courses. The courses | 7 | | comprising the approved 45-hour post-license curriculum for | 8 | | broker licensees shall satisfy the continuing education | 9 | | requirement for the initial broker license term. The approved | 10 | | 45-hour managing broker pre-license brokerage administration | 11 | | and management course shall satisfy the 12-hour broker | 12 | | management continuing education requirement for the initial | 13 | | managing broker license term. | 14 | | (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.) | 15 | | (225 ILCS 454/10-10) | 16 | | (Section scheduled to be repealed on January 1, 2030) | 17 | | Sec. 10-10. Disclosure of compensation. | 18 | | (a) A licensee must disclose to a client the sponsoring | 19 | | broker's compensation and policy , including the terms of | 20 | | compensation and any amounts offered with regard to | 21 | | cooperating with brokers who represent other parties in a | 22 | | transaction. | 23 | | (b) A licensee must disclose to a client all sources of | 24 | | compensation related to the transaction received by the | 25 | | licensee from a third party. |
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| 1 | | (c) If a licensee refers a client to a third party in which | 2 | | the licensee has greater than a 1% ownership interest or from | 3 | | which the licensee receives or may receive dividends or other | 4 | | profit sharing distributions, other than a publicly held or | 5 | | traded company, for the purpose of the client obtaining | 6 | | services related to the transaction, then the licensee shall | 7 | | disclose that fact to the client at the time of making the | 8 | | referral. | 9 | | (d) If in any one transaction a sponsoring broker receives | 10 | | compensation from both the buyer and seller or lessee and | 11 | | lessor of real estate, the sponsoring broker shall disclose in | 12 | | writing to a client the fact that the compensation is being | 13 | | paid by both buyer and seller or lessee and lessor. | 14 | | (e) Nothing in the Act shall prohibit the cooperation with | 15 | | or a payment of compensation to an individual domiciled in any | 16 | | other state or country who is licensed as a broker in that | 17 | | individual's his or her state or country of domicile or to a | 18 | | resident of a country that does not require a person to be | 19 | | licensed to act as a broker if the person complies with the | 20 | | laws of the country in which that person resides and practices | 21 | | there as a broker. | 22 | | (Source: P.A. 101-357, eff. 8-9-19.) | 23 | | (225 ILCS 454/10-20) | 24 | | (Section scheduled to be repealed on January 1, 2030) | 25 | | Sec. 10-20. Sponsoring broker; employment agreement. |
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| 1 | | (a) A licensee may perform activities as a licensee only | 2 | | for the licensee's his or her sponsoring broker. A licensee | 3 | | must have only one sponsoring broker at any one time. | 4 | | (b) Every broker who employs licensees or has an | 5 | | independent contractor relationship with a licensee shall have | 6 | | a written employment or independent contractor agreement with | 7 | | each such licensee. The broker having this written employment | 8 | | or independent contractor agreement with the licensee must be | 9 | | that licensee's sponsoring broker. | 10 | | (c) Every sponsoring broker must have a written employment | 11 | | or independent contractor agreement with each licensee the | 12 | | broker sponsors. The agreement shall address the employment or | 13 | | independent contractor relationship terms, including without | 14 | | limitation supervision, duties, compensation, and termination | 15 | | process. | 16 | | (d) (Blank). | 17 | | (d-5) If a written agreement provides for an independent | 18 | | contractor relationship that clearly states and establishes | 19 | | that relationship, the specific provisions of this Act shall | 20 | | control for licensee's conduct of brokerage activities. | 21 | | (e) Notwithstanding the fact that a sponsoring broker has | 22 | | an employment or independent contractor agreement with a | 23 | | licensee, a sponsoring broker may pay compensation directly to | 24 | | a business entity solely owned by that licensee that has been | 25 | | formed for the purpose of receiving compensation earned by the | 26 | | licensee. A business entity that receives compensation from a |
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| 1 | | sponsoring broker as provided for in this subsection (e) shall | 2 | | not be required to be licensed under this Act and must either | 3 | | be owned solely by the licensee or by the licensee together | 4 | | with the licensee's spouse, but only if the spouse and | 5 | | licensee are both licensed and sponsored by the same | 6 | | sponsoring broker or the spouse is not also licensed. | 7 | | (Source: P.A. 100-831, eff. 1-1-19; 101-357, eff. 8-9-19.) | 8 | | (225 ILCS 454/15-35) | 9 | | (Section scheduled to be repealed on January 1, 2030) | 10 | | Sec. 15-35. Agency relationship disclosure. | 11 | | (a) A licensee acting as a designated agent shall advise a | 12 | | consumer in writing, no later than beginning to work as a | 13 | | designated agent on behalf of the consumer, of the following: | 14 | | (1) That a designated agency relationship exists, | 15 | | unless there is written agreement between the sponsoring | 16 | | broker and the consumer providing for a different agency | 17 | | relationship; and | 18 | | (2) The name or names of the designated agent or | 19 | | agents on the written disclosure, which must can be | 20 | | included as part of in a brokerage agreement or be a | 21 | | separate document, a copy of which is retained by the | 22 | | sponsoring broker for the licensee and company records, | 23 | | and a copy of which must be provided to the consumer or | 24 | | client . | 25 | | (b) The licensee representing the consumer shall discuss |
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| 1 | | with the consumer the sponsoring broker's compensation and | 2 | | policy , including the terms of compensation and any amounts | 3 | | offered with regard to cooperating with brokers who represent | 4 | | other parties in a transaction. | 5 | | (c) A licensee shall disclose in writing to a customer | 6 | | that the licensee is not acting as the agent of the customer at | 7 | | a time intended to prevent disclosure of confidential | 8 | | information from a customer to a licensee, but in no event | 9 | | later than the preparation of an offer to purchase or lease | 10 | | real property. | 11 | | (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.) | 12 | | (225 ILCS 454/15-50) | 13 | | (Section scheduled to be repealed on January 1, 2030) | 14 | | Sec. 15-50. Brokerage agreements; designated Designated | 15 | | agency. | 16 | | (a) A sponsoring broker entering into a brokerage | 17 | | relationship an agreement with any person for the listing of | 18 | | property or for the purpose of representing any person in the | 19 | | buying, selling, exchanging, renting, or leasing of real | 20 | | estate shall set forth the terms of that relationship in a | 21 | | written brokerage agreement. The brokerage agreement shall | 22 | | specifically designate those licensees employed by or | 23 | | affiliated with the sponsoring broker who will be acting as | 24 | | legal agents of that person to the exclusion of all other | 25 | | licensees employed by or affiliated with the sponsoring |
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| 1 | | broker. A sponsoring broker entering into an agreement under | 2 | | the provisions of this Section shall not be considered to be | 3 | | acting for more than one party in a transaction if the | 4 | | licensees are specifically designated as legal agents of a | 5 | | person and are not representing more than one party in a | 6 | | transaction. | 7 | | (a-5) Nothing in this Section prevents a client from | 8 | | seeking to enforce an oral agreement. The absence of a written | 9 | | agreement does not create an affirmative defense (i) to the | 10 | | existence, or lack thereof, of an agreement between the | 11 | | parties; or (ii) as to whether licensed activity was performed | 12 | | under this Act. This Section does not prevent a court from | 13 | | imposing legal or equitable remedies. | 14 | | (b) A sponsoring broker designating affiliated licensees | 15 | | to act as agents of clients shall take ordinary and necessary | 16 | | care to protect confidential information disclosed by a client | 17 | | to the his or her designated agent. | 18 | | (c) A designated agent may disclose to the designated | 19 | | agent's his or her sponsoring broker or persons specified by | 20 | | the sponsoring broker confidential information of a client for | 21 | | the purpose of seeking advice or assistance for the benefit of | 22 | | the client in regard to a possible transaction. Confidential | 23 | | information shall not be disclosed by the sponsoring broker or | 24 | | other specified representative of the sponsoring broker unless | 25 | | otherwise required by this Act or requested or permitted by | 26 | | the client who originally disclosed the confidential |
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| 1 | | information. | 2 | | (Source: P.A. 101-357, eff. 8-9-19.) | 3 | | (225 ILCS 454/20-20) | 4 | | (Section scheduled to be repealed on January 1, 2030) | 5 | | Sec. 20-20. Nature of and grounds for discipline. | 6 | | (a) The Department may refuse to issue or renew a license, | 7 | | may place on probation, suspend, or revoke any license, | 8 | | reprimand, or take any other disciplinary or non-disciplinary | 9 | | action as the Department may deem proper and impose a fine not | 10 | | to exceed $25,000 for each violation upon any licensee or | 11 | | applicant under this Act or any person who holds oneself out as | 12 | | an applicant or licensee or against a licensee in handling | 13 | | one's own property, whether held by deed, option, or | 14 | | otherwise, for any one or any combination of the following | 15 | | causes: | 16 | | (1) Fraud or misrepresentation in applying for, or | 17 | | procuring, a license under this Act or in connection with | 18 | | applying for renewal of a license under this Act. | 19 | | (2) The licensee's conviction of or plea of guilty or | 20 | | plea of nolo contendere, as set forth in subsection (e) of | 21 | | Section 5-25, to: (A) a felony or misdemeanor in this | 22 | | State or any other jurisdiction; (B) the entry of an | 23 | | administrative sanction by a government agency in this | 24 | | State or any other jurisdiction; or (C) any conviction of | 25 | | or plea of guilty or plea of nolo contendere to a any crime |
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| 1 | | that subjects the licensee to compliance with the | 2 | | requirements of the Sex Offender Registration Act. | 3 | | (3) Inability to practice the profession with | 4 | | reasonable judgment, skill, or safety as a result of a | 5 | | physical illness, 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 and located | 9 | | within a separate and distinct area within the | 10 | | establishment. | 11 | | (5) Having been disciplined by another state, the | 12 | | District of Columbia, a territory, a foreign nation, or a | 13 | | governmental agency authorized to impose discipline if at | 14 | | least one of the grounds for that discipline is the same as | 15 | | or the equivalent of one of the grounds for which a | 16 | | licensee may be disciplined under this Act. A certified | 17 | | copy of the record of the action by the other state or | 18 | | jurisdiction shall be prima facie evidence thereof. | 19 | | (6) Engaging in the practice of real estate brokerage | 20 | | without a license or after the licensee's license or | 21 | | temporary permit was expired or while the license was | 22 | | inactive, revoked, or suspended. | 23 | | (7) Cheating on or attempting to subvert the Real | 24 | | Estate License Exam or a continuing education course or | 25 | | examination. | 26 | | (8) Aiding or abetting an applicant to subvert or |
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| 1 | | cheat on the Real Estate License Exam or continuing | 2 | | education exam administered pursuant to this Act. | 3 | | (9) Advertising that is inaccurate, misleading, or | 4 | | contrary to the provisions of the Act. | 5 | | (10) Making any substantial misrepresentation or | 6 | | untruthful advertising. | 7 | | (11) Making any false promises of a character likely | 8 | | to influence, persuade, or induce. | 9 | | (12) Pursuing a continued and flagrant course of | 10 | | misrepresentation or the making of false promises through | 11 | | licensees, employees, agents, advertising, or otherwise. | 12 | | (13) Any misleading or untruthful advertising, or | 13 | | using any trade name or insignia of membership in any real | 14 | | estate organization of which the licensee is not a member. | 15 | | (14) Acting for more than one party in a transaction | 16 | | without providing written notice to all parties for whom | 17 | | the licensee acts. | 18 | | (15) Representing or attempting to represent, or | 19 | | performing licensed activities for, a broker other than | 20 | | the sponsoring broker. | 21 | | (16) Failure to account for or to remit any moneys or | 22 | | documents coming into the licensee's possession that | 23 | | belong to others. | 24 | | (17) Failure to maintain and deposit in a special | 25 | | account, separate and apart from personal and other | 26 | | business accounts, all escrow moneys belonging to others |
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| 1 | | entrusted to a licensee while acting as a broker, escrow | 2 | | agent, or temporary custodian of the funds of others or | 3 | | failure to maintain all escrow moneys on deposit in the | 4 | | account until the transactions are consummated or | 5 | | terminated, except to the extent that the moneys, or any | 6 | | part thereof, shall be: | 7 | | (A) disbursed prior to the consummation or | 8 | | termination (i) in accordance with the written | 9 | | direction of the principals to the transaction or | 10 | | their duly authorized agents, (ii) in accordance with | 11 | | directions providing for the release, payment, or | 12 | | distribution of escrow moneys contained in any written | 13 | | contract signed by the principals to the transaction | 14 | | or their duly authorized agents, or (iii) pursuant to | 15 | | an order of a court of competent jurisdiction; or | 16 | | (B) deemed abandoned and transferred to the Office | 17 | | of the State Treasurer to be handled as unclaimed | 18 | | property pursuant to the Revised Uniform Unclaimed | 19 | | Property Act. Escrow moneys may be deemed abandoned | 20 | | under this subparagraph (B) only: (i) in the absence | 21 | | of disbursement under subparagraph (A); (ii) in the | 22 | | absence of notice of the filing of any claim in a court | 23 | | of competent jurisdiction; and (iii) if 6 months have | 24 | | elapsed after the receipt of a written demand for the | 25 | | escrow moneys from one of the principals to the | 26 | | transaction or the principal's duly authorized agent. |
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| 1 | | The account shall be noninterest bearing, unless the | 2 | | character of the deposit is such that payment of interest | 3 | | thereon is otherwise required by law or unless the | 4 | | principals to the transaction specifically require, in | 5 | | writing, that the deposit be placed in an interest-bearing | 6 | | account. | 7 | | (18) Failure to make available to the Department all | 8 | | escrow records and related documents maintained in | 9 | | connection with the practice of real estate within 24 | 10 | | hours of a request for those documents by Department | 11 | | personnel. | 12 | | (19) Failing to furnish copies upon request of | 13 | | documents relating to a real estate transaction to a party | 14 | | who has executed that document. | 15 | | (20) Failure of a sponsoring broker or licensee to | 16 | | timely provide sponsorship or termination of sponsorship | 17 | | information to the Department. | 18 | | (21) Engaging in dishonorable, unethical, or | 19 | | unprofessional conduct of a character likely to deceive, | 20 | | defraud, or harm the public, including, but not limited | 21 | | to, conduct set forth in rules adopted by the Department. | 22 | | (22) Commingling the money or property of others with | 23 | | the licensee's own money or property. | 24 | | (23) Employing any person on a purely temporary or | 25 | | single deal basis as a means of evading the law regarding | 26 | | payment of commission to nonlicensees on some contemplated |
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| 1 | | transactions. | 2 | | (24) Permitting the use of one's license as a broker | 3 | | to enable a residential leasing agent or unlicensed person | 4 | | to operate a real estate business without actual | 5 | | participation therein and control thereof by the broker. | 6 | | (25) Any other conduct, whether of the same or a | 7 | | different character from that specified in this Section, | 8 | | that constitutes dishonest dealing. | 9 | | (25.5) Failing to have a written brokerage agreement | 10 | | between the sponsoring broker and a client for whom the | 11 | | designated agent is working. | 12 | | (26) Displaying a "for rent" or "for sale" sign on any | 13 | | property without the written consent of an owner or the | 14 | | owner's duly authorized agent or advertising by any means | 15 | | that any property is for sale or for rent without the | 16 | | written consent of the owner or the owner's authorized | 17 | | agent. | 18 | | (27) Failing to provide information requested by the | 19 | | Department, or otherwise respond to that request, within | 20 | | 30 days of the request. | 21 | | (28) Advertising by means of a blind advertisement, | 22 | | except as otherwise permitted in Section 10-30 of this | 23 | | Act. | 24 | | (29) A licensee under this Act or an unlicensed | 25 | | individual offering guaranteed sales plans, as defined in | 26 | | Section 10-50, except to the extent set forth in Section |
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| 1 | | 10-50. | 2 | | (30) Influencing or attempting to influence, by any | 3 | | words or acts, a prospective seller, purchaser, occupant, | 4 | | landlord, or tenant of real estate, in connection with | 5 | | viewing, buying, or leasing real estate, so as to promote | 6 | | or tend to promote the continuance or maintenance of | 7 | | racially and religiously segregated housing or so as to | 8 | | retard, obstruct, or discourage racially integrated | 9 | | housing on or in any street, block, neighborhood, or | 10 | | community. | 11 | | (31) Engaging in any act that constitutes a violation | 12 | | of any provision of Article 3 of the Illinois Human Rights | 13 | | Act, whether or not a complaint has been filed with or | 14 | | adjudicated by the Human Rights Commission. | 15 | | (32) Inducing any party to a contract of sale or lease | 16 | | or brokerage agreement to break the contract of sale or | 17 | | lease or brokerage agreement for the purpose of | 18 | | substituting, in lieu thereof, a new contract for sale or | 19 | | lease or brokerage agreement with a third party. | 20 | | (33) Negotiating a sale, exchange, or lease of real | 21 | | estate directly with any person if the licensee knows that | 22 | | the person has an exclusive brokerage agreement with | 23 | | another broker, unless specifically authorized by that | 24 | | broker. | 25 | | (34) When a licensee is also an attorney, acting as | 26 | | the attorney for either the buyer or the seller in the same |
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| 1 | | transaction in which the licensee is acting or has acted | 2 | | as a managing broker or broker. | 3 | | (35) Advertising or offering merchandise or services | 4 | | as free if any conditions or obligations necessary for | 5 | | receiving the merchandise or services are not disclosed in | 6 | | the same advertisement or offer. These conditions or | 7 | | obligations include without limitation the requirement | 8 | | that the recipient attend a promotional activity or visit | 9 | | a real estate site. As used in this subdivision (35), | 10 | | "free" includes terms such as "award", "prize", "no | 11 | | charge", "free of charge", "without charge", and similar | 12 | | words or phrases that reasonably lead a person to believe | 13 | | that one may receive or has been selected to receive | 14 | | something of value, without any conditions or obligations | 15 | | on the part of the recipient. | 16 | | (36) (Blank). | 17 | | (37) Violating the terms of any order issued by the | 18 | | Department. | 19 | | (38) Paying or failing to disclose compensation in | 20 | | violation of Article 10 of this Act. | 21 | | (39) Requiring a party to a transaction who is not a | 22 | | client of the licensee to allow the licensee to retain a | 23 | | portion of the escrow moneys for payment of the licensee's | 24 | | commission or expenses as a condition for release of the | 25 | | escrow moneys to that party. | 26 | | (40) Disregarding or violating any provision of this |
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| 1 | | Act or the published rules adopted by the Department to | 2 | | enforce this Act or aiding or abetting any individual, | 3 | | foreign or domestic partnership, registered limited | 4 | | liability partnership, limited liability company, | 5 | | corporation, or other business entity in disregarding any | 6 | | provision of this Act or the published rules adopted by | 7 | | the Department to enforce this Act. | 8 | | (41) Failing to provide the minimum services required | 9 | | by Section 15-75 of this Act when acting under an | 10 | | exclusive brokerage agreement. | 11 | | (42) Habitual or excessive use of or addiction to | 12 | | alcohol, narcotics, stimulants, or any other chemical | 13 | | agent or drug that results in a licensee's managing | 14 | | broker, broker, or residential leasing agent's inability | 15 | | to practice with reasonable skill or safety , which may | 16 | | result in significant harm to the public . | 17 | | (43) Enabling, aiding, or abetting an auctioneer, as | 18 | | defined in the Auction License Act, to conduct a real | 19 | | estate auction in a manner that is in violation of this | 20 | | Act. | 21 | | (44) Permitting any residential leasing agent or | 22 | | temporary residential leasing agent permit holder to | 23 | | engage in activities that require a broker's or managing | 24 | | broker's license. | 25 | | (45) Failing to notify the Department, within 30 days | 26 | | after the occurrence, of the information required in |
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| 1 | | subsection (e) of Section 5-25. | 2 | | (46) A designated managing broker's failure to provide | 3 | | an appropriate written company policy or failure to | 4 | | perform any of the duties set forth in Section 10-55. | 5 | | (47) Filing liens or recording written instruments in | 6 | | any county in the State on noncommercial, residential real | 7 | | property that relate to a broker's compensation for | 8 | | licensed activity under the Act. | 9 | | (b) The Department may refuse to issue or renew or may | 10 | | suspend the license of any person who fails to file a return, | 11 | | pay the tax, penalty or interest shown in a filed return, or | 12 | | pay any final assessment of tax, penalty, or interest, as | 13 | | required by any tax Act administered by the Department of | 14 | | Revenue, until such time as the requirements of that tax Act | 15 | | are satisfied in accordance with subsection (g) of Section | 16 | | 2105-15 of the Department of Professional Regulation Law of | 17 | | the Civil Administrative Code of Illinois. | 18 | | (c) (Blank). | 19 | | (d) In cases where the Department of Healthcare and Family | 20 | | Services (formerly Department of Public Aid) has previously | 21 | | determined that a licensee or a potential licensee is more | 22 | | than 30 days delinquent in the payment of child support and has | 23 | | subsequently certified the delinquency to the Department may | 24 | | refuse to issue or renew or may revoke or suspend that person's | 25 | | license or may take other disciplinary action against that | 26 | | person based solely upon the certification of delinquency made |
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| 1 | | by the Department of Healthcare and Family Services in | 2 | | accordance with item (5) of subsection (a) of Section 2105-15 | 3 | | of the Department of Professional Regulation Law of the Civil | 4 | | Administrative Code of Illinois. | 5 | | (e) (Blank). | 6 | | (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24 .) | 7 | | (225 ILCS 454/20-20.1) | 8 | | (Section scheduled to be repealed on January 1, 2030) | 9 | | Sec. 20-20.1. Citations. | 10 | | (a) The Department may adopt rules to permit the issuance | 11 | | of citations to any licensee for failure to comply with the | 12 | | continuing education and post-license education requirements | 13 | | set forth in this Act or as adopted by rule. The citation shall | 14 | | be issued to the licensee , and a copy shall be sent to the | 15 | | licensee's designated managing broker and sponsoring broker . | 16 | | The citation shall contain the licensee's name and address, | 17 | | the licensee's license number, the number of required hours of | 18 | | continuing education or post-license education that have not | 19 | | been successfully completed by the licensee's renewal | 20 | | deadline, and the penalty imposed, which shall not exceed | 21 | | $2,000. The issuance of any such citation shall not excuse the | 22 | | licensee from completing all continuing education or | 23 | | post-license education required for that term of licensure. | 24 | | (b) Service of a citation shall be made by in person, | 25 | | electronically, or by mail to the licensee at the licensee's |
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| 1 | | address of record or email address of record, and must clearly | 2 | | state that if the cited licensee wishes to dispute the | 3 | | citation, the cited licensee may make a written request, | 4 | | within 30 days after the citation is served, for a hearing | 5 | | before the Department. If the cited licensee does not request | 6 | | a hearing within 30 days after the citation is served, then the | 7 | | citation shall become a final, non-disciplinary order shall be | 8 | | entered , and any fine imposed is due and payable within 30 60 | 9 | | days after the entry of that final order. If the cited licensee | 10 | | requests a hearing within 30 days after the citation is | 11 | | served, the Department shall afford the cited licensee a | 12 | | hearing conducted in the same manner as a hearing provided for | 13 | | in this Act for any violation of this Act and shall determine | 14 | | whether the cited licensee committed the violation as charged | 15 | | and whether the fine as levied is warranted. If the violation | 16 | | is found, any fine shall constitute non-public discipline and | 17 | | be due and payable within 30 days after the order of the | 18 | | Secretary, which shall constitute a final order of the | 19 | | Department. No change in license status may be made by the | 20 | | Department until such time as a final order of the Department | 21 | | has been issued. | 22 | | (c) Payment of a fine that has been assessed pursuant to | 23 | | this Section shall not constitute disciplinary action | 24 | | reportable on the Department's website or elsewhere unless a | 25 | | licensee has previously received 2 or more citations and has | 26 | | been assessed 2 or more fines. |
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| 1 | | (d) Nothing in this Section shall prohibit or limit the | 2 | | Department from taking further action pursuant to this Act and | 3 | | rules for additional, repeated, or continuing violations. | 4 | | (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24 .) | 5 | | (225 ILCS 454/20-50) | 6 | | (Section scheduled to be repealed on January 1, 2030) | 7 | | Sec. 20-50. Illegal discrimination. When there has been | 8 | | an adjudication in a civil or criminal proceeding that a | 9 | | licensee has illegally discriminated while engaged in any | 10 | | activity for which a license is required under this Act, the | 11 | | Department, following notice to the licensee and a hearing in | 12 | | accordance with the provisions of Section 20-60, and upon the | 13 | | recommendation of the Board as to the nature and extent of the | 14 | | suspension or revocation, shall , in accordance with the | 15 | | provisions of Section 20-64, suspend or revoke the license of | 16 | | that licensee in a timely manner, unless the adjudication is | 17 | | in the appeal process. The finding or judgment of the civil or | 18 | | criminal proceeding is a matter of record; the merits of which | 19 | | shall not be challenged in a request for a hearing by the | 20 | | licensee. When there has been an order in an administrative | 21 | | proceeding finding that a licensee has illegally discriminated | 22 | | while engaged in any activity for which a license is required | 23 | | under this Act, the Department, following notice to the | 24 | | licensee and a hearing in accordance with the provisions of | 25 | | Section 20-60, and upon the recommendation of the Board as to |
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| 1 | | the nature and extent of the discipline, shall , in accordance | 2 | | with the provisions of Section 20-64, take one or more of the | 3 | | disciplinary actions provided for in Section 20-20 of this Act | 4 | | in a timely manner, unless the administrative order is in the | 5 | | appeal process. The finding of the administrative order is a | 6 | | matter of record; the merits of which shall not be challenged | 7 | | in a request for a hearing by the licensee. | 8 | | (Source: P.A. 96-856, eff. 12-31-09 .) | 9 | | (225 ILCS 454/20-82) | 10 | | (Section scheduled to be repealed on January 1, 2030) | 11 | | Sec. 20-82. Fines and penalties; Real Estate License | 12 | | Administration Recovery Fund ; Real Estate Recovery Fund . All | 13 | | fines and penalties collected under Section 20-20, Section | 14 | | 20-20.1, and otherwise under this Act by the Department shall | 15 | | be deposited in the Real Estate License Administration | 16 | | Recovery Fund and may be transferred to the Real Estate | 17 | | Recovery Fund in accordance with the authority set forth in | 18 | | Section 25-35 of this Act . | 19 | | (Source: P.A. 96-856, eff. 12-31-09 .) | 20 | | (225 ILCS 454/25-25) | 21 | | (Section scheduled to be repealed on January 1, 2030) | 22 | | Sec. 25-25. Real Estate Research and Education Fund. A | 23 | | special fund to be known as the Real Estate Research and | 24 | | Education Fund is created and shall be held in trust in the |
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| 1 | | State treasury. Annually, on September 15th, the State | 2 | | Treasurer shall cause a transfer of $125,000 to the Real | 3 | | Estate Research and Education Fund from the Real Estate | 4 | | License Administration Fund. The Real Estate Research and | 5 | | Education Fund shall be administered by the Department. Money | 6 | | deposited in the Real Estate Research and Education Fund may | 7 | | be used for research and for education at state institutions | 8 | | of higher education or other organizations for research and | 9 | | for education to further the advancement of education in the | 10 | | real estate industry or can be used by the Department for | 11 | | expenses related to the education of licensees. Of the | 12 | | $125,000 annually transferred into the Real Estate Research | 13 | | and Education Fund, $15,000 shall be used to fund a | 14 | | scholarship program for persons of historically marginalized | 15 | | classes and minority racial origin who wish to pursue a course | 16 | | of study in the field of real estate. For the purposes of this | 17 | | Section : , | 18 | | " Course course of study" means a course or courses that | 19 | | are part of a program of courses in the field of real estate | 20 | | designed to further an individual's knowledge or expertise in | 21 | | the field of real estate. These courses shall include, without | 22 | | limitation, courses that a broker licensed under this Act must | 23 | | complete to qualify for a managing broker's license, courses | 24 | | required to obtain the Graduate Realtors Institute | 25 | | designation, and any other courses or programs offered by | 26 | | accredited colleges, universities, or other institutions of |
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| 1 | | higher education in Illinois. | 2 | | "Historically marginalized classes" means a person of a | 3 | | race or national origin that is Native American or Alaska | 4 | | Native, Asian, Black or African American, Hispanic or Latino, | 5 | | or Native Hawaiian or Pacific Islander, or is a member of a | 6 | | protected class under the Illinois Human Rights Act within the | 7 | | context of affirmative action. | 8 | | The scholarship program shall be administered by the | 9 | | Department or its designee. Moneys in the Real Estate Research | 10 | | and Education Fund may be invested and reinvested in the same | 11 | | manner as funds in the Real Estate Recovery Fund and all | 12 | | earnings, interest, and dividends received from such | 13 | | investments shall be deposited in the Real Estate Research and | 14 | | Education Fund and may be used for the same purposes as moneys | 15 | | transferred to the Real Estate Research and Education Fund. | 16 | | Moneys in the Real Estate Research and Education Fund may be | 17 | | transferred to the Professions Indirect Cost Fund as | 18 | | authorized under Section 2105-300 of the Department of | 19 | | Professional Regulation Law of the Civil Administrative Code | 20 | | of Illinois. | 21 | | (Source: P.A. 103-236, eff. 1-1-24 .) | 22 | | (225 ILCS 454/25-30) | 23 | | (Section scheduled to be repealed on January 1, 2030) | 24 | | Sec. 25-30. Real Estate License Administration Fund; | 25 | | audit. A special fund to be known as the Real Estate License |
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| 1 | | Administration Fund is created in the State Treasury. All | 2 | | fines, penalties, and fees received by the Department under | 3 | | this Act shall be deposited in the Real Estate License | 4 | | Administration Fund. The moneys deposited in the Real Estate | 5 | | License Administration Fund shall be appropriated to the | 6 | | Department for expenses of the Department and the Board in the | 7 | | administration of this Act , including, but not limited to, the | 8 | | maintenance and operation of the Real Estate Recovery Fund, | 9 | | and for the administration of any Act administered by the | 10 | | Department providing revenue to this Fund. Moneys in the Real | 11 | | Estate License Administration Fund may be invested and | 12 | | reinvested in the same manner as funds in the Real Estate | 13 | | Recovery Fund. All earnings received from such investment | 14 | | shall be deposited in the Real Estate License Administration | 15 | | Fund and may be used for the same purposes as fines, penalties, | 16 | | and fees deposited in the Real Estate License Administration | 17 | | Fund. Moneys in the Real Estate License Administration Fund | 18 | | may be transferred to the Professions Indirect Cost Fund as | 19 | | authorized under Section 2105-300 of the Department of | 20 | | Professional Regulation Law of the Civil Administrative Code | 21 | | of Illinois and to the Real Estate Recovery Fund as authorized | 22 | | by Section 25-35 of this Act . Upon the completion of any audit | 23 | | of the Department, as prescribed by the Illinois State | 24 | | Auditing Act, which includes an audit of the Real Estate | 25 | | License Administration Fund, the Department shall make the | 26 | | audit open to inspection by any interested person. |
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| 1 | | (Source: P.A. 96-856, eff. 12-31-09 .) | 2 | | (225 ILCS 454/25-35) | 3 | | (Section scheduled to be repealed on January 1, 2030) | 4 | | Sec. 25-35. Real Estate Recovery Fund. A special fund to | 5 | | be known as the Real Estate Recovery Fund is created in the | 6 | | State Treasury. All fines and penalties received by the | 7 | | Department pursuant to Article 20 of this Act shall be | 8 | | deposited into the State Treasury and held in the Real Estate | 9 | | Recovery Fund. The money in the Real Estate Recovery Fund | 10 | | shall be used by the Department exclusively for carrying out | 11 | | the purposes established by this Act. If, at any time, the | 12 | | balance remaining in the Real Estate Recovery Fund is less | 13 | | than $900,000 $750,000 , the State Treasurer shall cause a | 14 | | transfer of moneys to the Real Estate Recovery Fund from the | 15 | | Real Estate License Administration Fund in an amount necessary | 16 | | to establish a balance of $1,000,000 $800,000 in the Real | 17 | | Estate Recovery Fund. If the balance in the Real Estate | 18 | | Recovery Fund exceeds $1,000,000, any excess funds over | 19 | | $1,000,000 shall be transferred to the Real Estate License | 20 | | Administration Fund. These funds may be invested and | 21 | | reinvested in the same manner as authorized for pension funds | 22 | | in Article 1 of the Illinois Pension Code. All earnings, | 23 | | interest, and dividends received from investment of funds in | 24 | | the Real Estate Recovery Fund shall be deposited into the Real | 25 | | Estate License Administration Fund and shall be used for the |
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| 1 | | same purposes as other moneys deposited in the Real Estate | 2 | | License Administration Fund. | 3 | | (Source: P.A. 96-856, eff. 12-31-09 .) | 4 | | (225 ILCS 454/30-5) | 5 | | (Section scheduled to be repealed on January 1, 2030) | 6 | | Sec. 30-5. Licensing of real estate education providers | 7 | | and instructors. | 8 | | (a) No person shall operate an education provider entity | 9 | | without possessing a valid and active license issued by the | 10 | | Department. Only education providers in possession of a valid | 11 | | education provider license may provide real estate | 12 | | pre-license, post-license, or continuing education courses | 13 | | that satisfy the requirements of this Act. Every person that | 14 | | desires to obtain an education provider license shall make | 15 | | application to the Department in a manner prescribed by the | 16 | | Department and pay the fee prescribed by rule. In addition to | 17 | | any other information required to be contained in the | 18 | | application as prescribed by rule, every application for an | 19 | | original or renewed license shall include the applicant's | 20 | | Social Security number or tax identification number. | 21 | | (b) (Blank). | 22 | | (c) (Blank). | 23 | | (d) (Blank). | 24 | | (e) (Blank). | 25 | | (f) To qualify for an education provider license, an |
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| 1 | | applicant must demonstrate the following: | 2 | | (1) a sound financial base for establishing, | 3 | | promoting, and delivering the necessary courses; budget | 4 | | planning for the school's courses should be clearly | 5 | | projected; | 6 | | (2) a sufficient number of qualified, licensed | 7 | | instructors as provided by rule; | 8 | | (3) adequate support personnel to assist with | 9 | | administrative matters and technical assistance; | 10 | | (4) maintenance and availability of records of | 11 | | participation for licensees; | 12 | | (5) the ability to provide each participant who | 13 | | successfully completes an approved program with a | 14 | | certificate of completion signed by the administrator of a | 15 | | licensed education provider in a manner prescribed by the | 16 | | Department; the certificate of completion shall include | 17 | | the program that was completed, the completion date, the | 18 | | course number, and the student's and education provider's | 19 | | license numbers; | 20 | | (6) a written policy dealing with procedures for the | 21 | | management of grievances and fee refunds; | 22 | | (7) lesson plans and examinations, if applicable, for | 23 | | each course; | 24 | | (8) a 75% passing grade for successful completion of | 25 | | any continuing education course or pre-license or | 26 | | post-license examination, if required; |
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| 1 | | (9) the ability to identify and use instructors who | 2 | | will teach in a planned program; instructor selections | 3 | | must demonstrate: | 4 | | (A) appropriate credentials; | 5 | | (B) competence as a teacher; | 6 | | (C) knowledge of content area; and | 7 | | (D) qualification by experience. | 8 | | Unless otherwise provided for in this Section, the | 9 | | education provider shall provide a proctor or an electronic | 10 | | means of proctoring if a proctored examination is required for | 11 | | each examination ; the education provider shall be responsible | 12 | | for the conduct of the proctor; the duties and | 13 | | responsibilities of a proctor shall be established by rule. | 14 | | Unless otherwise provided for in this Section, the | 15 | | education provider shall must provide for closed book | 16 | | examinations for each course when required unless the | 17 | | Department, upon the recommendation of the Board, excuses this | 18 | | requirement based on the complexity of the course material. | 19 | | (g) Advertising and promotion of education activities must | 20 | | be carried out in a responsible fashion clearly showing the | 21 | | educational objectives of the activity, the nature of the | 22 | | audience that may benefit from the activity, the cost of the | 23 | | activity to the participant and the items covered by the cost, | 24 | | the amount of credit that can be earned, and the credentials of | 25 | | the faculty. | 26 | | (h) (Blank). The Department may, or upon request of the |
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| 1 | | Board shall, after notice, cause an education provider to | 2 | | attend an informal conference before the Board for failure to | 3 | | comply with any requirement for licensure or for failure to | 4 | | comply with any provision of this Act or the rules for the | 5 | | administration of this Act. The Board shall make a | 6 | | recommendation to the Department as a result of its findings | 7 | | at the conclusion of any such informal conference. | 8 | | (i) All education providers shall maintain these minimum | 9 | | criteria and pay the required fee in order to retain their | 10 | | education provider license. | 11 | | (j) The Department may adopt any administrative rule | 12 | | consistent with the language and intent of this Act that may be | 13 | | necessary for the implementation and enforcement of this | 14 | | Section and to regulate the establishment and operation of | 15 | | virtual offices that do not have a fixed location . | 16 | | (Source: P.A. 100-188, eff. 1-1-18; 100-831, eff. 1-1-19; | 17 | | 101-357, eff. 8-9-19.) | 18 | | (225 ILCS 454/30-15) | 19 | | (Section scheduled to be repealed on January 1, 2030) | 20 | | Sec. 30-15. Licensing of education providers; approval of | 21 | | courses. | 22 | | (a) (Blank). | 23 | | (b) (Blank). | 24 | | (c) (Blank). | 25 | | (d) (Blank). |
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| 1 | | (e) (Blank). | 2 | | (f) All education providers shall submit, at the time of | 3 | | initial application and with each license renewal, a list of | 4 | | courses with course materials that comply with the course | 5 | | requirements in this Act to be offered by the education | 6 | | provider. The Department may establish an online mechanism by | 7 | | which education providers may submit for approval by the | 8 | | Department upon the recommendation of the Board or its | 9 | | designee pre-license, post-license, or continuing education | 10 | | courses that are submitted after the time of the education | 11 | | provider's initial license application or renewal. The | 12 | | Department shall provide to each education provider a | 13 | | certificate for each approved pre-license, post-license, or | 14 | | continuing education course. All pre-license, post-license, or | 15 | | continuing education courses shall be valid for the period | 16 | | coinciding with the term of license of the education provider. | 17 | | However, in no case shall a course continue to be valid if it | 18 | | does not, at all times, meet all of the requirements of the | 19 | | core curriculum established by this Act and the Board, as | 20 | | modified from time to time in accordance with this Act. All | 21 | | education providers shall provide a copy of the certificate of | 22 | | the pre-license, post-license, or continuing education course | 23 | | within the course materials given to each student or shall | 24 | | display a copy of the certificate of the pre-license, | 25 | | post-license, or continuing education course in a conspicuous | 26 | | place at the location of the class. |
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| 1 | | (g) Each education provider shall provide to the | 2 | | Department a report in a frequency and format determined by | 3 | | the Department, with information concerning students who | 4 | | successfully completed all approved pre-license, post-license, | 5 | | or continuing education courses offered by the education | 6 | | provider. | 7 | | (h) The Department, upon the recommendation of the Board, | 8 | | may temporarily suspend a licensed education provider's | 9 | | approved courses without hearing and refuse to accept | 10 | | successful completion of or participation in any of these | 11 | | pre-license, post-license, or continuing education courses for | 12 | | education credit from that education provider upon the failure | 13 | | of that education provider to comply with the provisions of | 14 | | this Act or the rules for the administration of this Act, until | 15 | | such time as the Department receives satisfactory assurance of | 16 | | compliance. The Department shall notify the education provider | 17 | | of the noncompliance and may initiate disciplinary proceedings | 18 | | pursuant to this Act. The Department may refuse to issue, | 19 | | suspend, revoke, or otherwise discipline the license of an | 20 | | education provider or may withdraw approval of a pre-license, | 21 | | post-license, or continuing education course for good cause. | 22 | | Failure to comply with the requirements of this Section or any | 23 | | other requirements established by rule shall be deemed to be | 24 | | good cause. Disciplinary proceedings shall be conducted by the | 25 | | Department Board in the same manner as other disciplinary | 26 | | proceedings under this Act. |
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| 1 | | (i) Pre-license, post-license, and continuing education | 2 | | courses, whether submitted for approval at the time of an | 3 | | education provider's initial application for licensure or | 4 | | otherwise, must meet the following minimum course | 5 | | requirements: | 6 | | (1) Continuing education courses shall be required to | 7 | | be at least one hour in duration. For each one hour of | 8 | | course time, there shall be a minimum of 50 minutes of | 9 | | instruction. | 10 | | (2) All core curriculum courses shall be provided only | 11 | | in the classroom or through a live, interactive webinar , | 12 | | or in an online distance education format. | 13 | | (3) Courses provided through a live, interactive | 14 | | webinar shall require all participants to demonstrate | 15 | | their attendance in and attention to the course by | 16 | | answering or responding to at least one polling question | 17 | | per 50 minutes of course instruction. | 18 | | (4) All participants in courses provided in an online | 19 | | distance education format shall demonstrate proficiency | 20 | | with the subject matter of the course through verifiable | 21 | | responses to questions included in the course content. | 22 | | (5) Credit for courses completed in a classroom or | 23 | | through a live, interactive webinar , or in an online | 24 | | distance education format shall not require an | 25 | | examination. | 26 | | (6) Credit for courses provided through |
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| 1 | | correspondence, or by home study, shall require the | 2 | | passage of an in-person, proctored examination. | 3 | | (j) The Department is authorized to engage a third party | 4 | | as the Board's designee to perform the functions specifically | 5 | | provided for in subsection (f) of this Section, namely that of | 6 | | administering the online system for receipt, review, and | 7 | | approval or denial of new courses. | 8 | | (k) The Department may adopt any administrative rule | 9 | | consistent with the language and intent of this Act that may be | 10 | | necessary for the implementation and enforcement of this | 11 | | Section. | 12 | | (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.) | 13 | | (225 ILCS 454/30-25) | 14 | | (Section scheduled to be repealed on January 1, 2030) | 15 | | Sec. 30-25. Licensing of education provider instructors. | 16 | | (a) No person shall act as either a pre-license or | 17 | | continuing education instructor without possessing a valid | 18 | | pre-license or continuing education instructor license and | 19 | | satisfying any other qualification criteria adopted by the | 20 | | Department by rule. | 21 | | (a-5) Each person with a valid pre-license instructor | 22 | | license may teach pre-license, post-license, continuing | 23 | | education core curriculum, continuing education elective | 24 | | curriculum, or broker management education courses if they | 25 | | meet specific criteria adopted by the Department by rule. |
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| 1 | | Those persons who have not met the criteria or who only possess | 2 | | a valid continuing education instructor license shall only | 3 | | teach continuing education elective curriculum courses. Any | 4 | | person with a valid continuing education instructor license | 5 | | who wishes to teach continuing education core curriculum or | 6 | | broker management continuing education courses must obtain a | 7 | | valid pre-license instructor license. | 8 | | (b) Every person who desires to obtain an education | 9 | | provider instructor's license shall attend and successfully | 10 | | complete a one-day instructor development workshop, as | 11 | | approved by the Department. However, pre-license instructors | 12 | | who have complied with subsection (b) of this Section 30-25 | 13 | | shall not be required to complete the instructor workshop in | 14 | | order to teach continuing education elective curriculum | 15 | | courses. | 16 | | (b-5) The term of licensure for a pre-license or | 17 | | continuing education instructor shall be 2 years, with renewal | 18 | | dates adopted by rule. Every person who desires to obtain a | 19 | | pre-license or continuing education instructor license shall | 20 | | make application to the Department in a manner prescribed by | 21 | | the Department, accompanied by the fee adopted by rule. In | 22 | | addition to any other information required to be contained in | 23 | | the application, every application for an original license | 24 | | shall include the applicant's Social Security number or | 25 | | federal individual taxpayer identification number , which shall | 26 | | be retained in the agency's records pertaining to the license. |
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| 1 | | As soon as practical, the Department shall assign a customer's | 2 | | identification number to each applicant for a license. | 3 | | Every application for a renewal or restored license shall | 4 | | require the applicant's customer identification number. | 5 | | The Department shall issue a pre-license or continuing | 6 | | education instructor license to applicants who meet | 7 | | qualification criteria established by this Act or rule. | 8 | | (c) The Department may refuse to issue, suspend, revoke, | 9 | | or otherwise discipline a pre-license or continuing education | 10 | | instructor for good cause. Disciplinary proceedings shall be | 11 | | conducted by the Department Board in the same manner as other | 12 | | disciplinary proceedings under this Act. All pre-license | 13 | | instructors must teach at least one pre-license or continuing | 14 | | education core curriculum course within the period of | 15 | | licensure as a requirement for renewal of the instructor's | 16 | | license. All continuing education instructors must teach at | 17 | | least one course within the period of licensure or take an | 18 | | instructor training program approved by the Department in lieu | 19 | | thereof as a requirement for renewal of the instructor's | 20 | | license. | 21 | | (d) Each course transcript submitted by an education | 22 | | provider to the Department shall include the name and license | 23 | | number of the pre-license or continuing education instructor | 24 | | for the course. | 25 | | (e) Licensed education provider instructors may teach for | 26 | | more than one licensed education provider. |
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| 1 | | (f) The Department may adopt any administrative rule | 2 | | consistent with the language and intent of this Act that may be | 3 | | necessary for the implementation and enforcement of this | 4 | | Section. | 5 | | (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.) | 6 | | Section 99. Effective date. This Act takes effect January | 7 | | 1, 2025, except that this Section, Section 5, and the changes | 8 | | to Sections 20-82, 25-30, and 25-35 of the Real Estate License | 9 | | Act of 2000 take effect upon becoming law. | | | | | | | SB3740 Enrolled | - 76 - | LRB103 36856 RTM 66968 b |
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INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 30 ILCS 105/5.1015 new | | | 4 | | 225 ILCS 454/1-10 | | | 5 | | 225 ILCS 454/5-20 | | | 6 | | 225 ILCS 454/5-25 | | | 7 | | 225 ILCS 454/5-28 | | | 8 | | 225 ILCS 454/5-35 | | | 9 | | 225 ILCS 454/5-45 | | | 10 | | 225 ILCS 454/5-60 | | | 11 | | 225 ILCS 454/5-60.1 new | | | 12 | | 225 ILCS 454/5-60.5 new | | | 13 | | 225 ILCS 454/5-70 | | | 14 | | 225 ILCS 454/10-10 | | | 15 | | 225 ILCS 454/10-20 | | | 16 | | 225 ILCS 454/15-35 | | | 17 | | 225 ILCS 454/15-50 | | | 18 | | 225 ILCS 454/20-20 | | | 19 | | 225 ILCS 454/20-20.1 | | | 20 | | 225 ILCS 454/20-50 | | | 21 | | 225 ILCS 454/20-82 | | | 22 | | 225 ILCS 454/25-25 | | | 23 | | 225 ILCS 454/25-30 | | | 24 | | 225 ILCS 454/25-35 | | | 25 | | 225 ILCS 454/30-5 | | |
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| 1 | | 225 ILCS 454/30-15 | | | 2 | | 225 ILCS 454/30-25 | |
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