Full Text of HB5177 93rd General Assembly
HB5177 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5177
Introduced 02/05/04, by Angelo Saviano SYNOPSIS AS INTRODUCED: |
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225 ILCS 458/10-25 new |
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225 ILCS 458/15-12 new |
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225 ILCS 458/15-15 |
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Amends the Real Estate Appraiser Licensing Act of 2002. Provides that all supervisory appraisers or co-appraisers who are required to retain records pursuant to specified provisions of the Act, original work files, and copies of appraisals completed by both the supervisory appraiser or co-appraiser and the appraiser, shall furnish such documentation to the appraiser or co-appraiser upon request. Provides that the Commissioner of Banks and Real Estate may temporarily suspend the license of a licensee without a hearing, simultaneously with the institution of proceedings for a hearing, if the Commissioner finds that the evidence indicates that the public
interest, safety, or welfare
requires emergency action. Makes changes concerning the Office of Banks and Real Estate's subpoena power.
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A BILL FOR
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HB5177 |
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LRB093 20886 AMC 46841 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Real Estate Appraiser Licensing Act of 2002 | 5 |
| is amended by changing Section 15-15 and by adding Sections | 6 |
| 10-25 and 15-12 as follows: | 7 |
| (225 ILCS 458/10-25 new) | 8 |
| Sec. 10-25. Documentation. All supervisory appraisers or | 9 |
| co-appraisers who are required to retain records pursuant to | 10 |
| Section 10-20, original work files, and copies of appraisals | 11 |
| completed by both the supervisory appraiser or co-appraiser and | 12 |
| the appraiser, shall furnish such documentation to the | 13 |
| appraiser or co-appraiser upon request. | 14 |
| (225 ILCS 458/15-12 new) | 15 |
| Sec. 15-12. Temporary suspension. The Commissioner may | 16 |
| temporarily suspend the license of a licensee without a | 17 |
| hearing, simultaneously with the institution of proceedings | 18 |
| for a hearing provided for
in Section 15-15 of this
Act, if the | 19 |
| Commissioner finds that the evidence indicates that the public
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| interest, safety, or welfare
requires emergency action. In the | 21 |
| event that the Commissioner
temporarily suspends
the license | 22 |
| without a hearing before the Board, a hearing shall be held | 23 |
| within
30 days after the
suspension has occurred. The suspended | 24 |
| licensee may seek a continuance of the
hearing during
which the | 25 |
| suspension shall remain in effect. The proceeding shall be | 26 |
| concluded
without
appreciable delay.
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| (225 ILCS 458/15-15)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 15-15. Investigation; notice; hearing.
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| (a) Upon the motion of the Office of Banks and Real Estate |
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HB5177 |
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LRB093 20886 AMC 46841 b |
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| or the Board or
upon a complaint in
writing of a person setting | 2 |
| forth facts that, if proven, would constitute
grounds for | 3 |
| suspension, revocation,
or other disciplinary action against a | 4 |
| licensee or applicant for licensure, the
Office of Banks and | 5 |
| Real
Estate shall investigate the actions of the licensee or | 6 |
| applicant.
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| (b) Formal disciplinary proceedings shall commence upon | 8 |
| the issuance of a
written complaint
describing the charges that | 9 |
| are the basis of the disciplinary action and
delivery of the | 10 |
| detailed complaint to the address of
record of the licensee or | 11 |
| applicant. OBRE shall notify the licensee or
applicant
to file | 12 |
| a verified written
answer within 20 days after the service of | 13 |
| the notice and complaint.
The
notification shall inform the | 14 |
| licensee or applicant of his or her
right to be heard in person | 15 |
| or by
legal counsel; that the hearing will be afforded not | 16 |
| sooner than 30 days after
receipt of the answer to the
specific | 17 |
| charges; that failure to file an answer will result in a | 18 |
| default being
entered against the licensee or applicant;
that | 19 |
| the license may be suspended, revoked, or placed on
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| probationary status; and that other
disciplinary action may be | 21 |
| taken pursuant to this Act, including limiting the
scope, | 22 |
| nature, or extent of the licensee's
practice. If the licensee | 23 |
| or applicant fails to file an answer after service of
notice, | 24 |
| his or her license may,
at the discretion of the Office of | 25 |
| Banks and Real Estate, be suspended,
revoked, or placed on | 26 |
| probationary
status and the Office of Banks and Real Estate may | 27 |
| take whatever disciplinary
action it deems proper,
including | 28 |
| limiting the scope, nature, or extent of the person's practice,
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| without a hearing.
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| (c) At the time and place fixed in the notice, the Board | 31 |
| shall conduct
hearing of the charges, providing
both the | 32 |
| accused person and the complainant ample opportunity to present | 33 |
| in
person
or by counsel such statements, testimony, evidence, | 34 |
| and argument as may be
pertinent to the charges or
to a defense | 35 |
| thereto.
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| (d) The Board shall present to the Commissioner a written |
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LRB093 20886 AMC 46841 b |
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| report of its
findings and
recommendations. A copy of the | 2 |
| report shall be served upon the licensee or
applicant,
either | 3 |
| personally or by certified
mail. Within 20 days after the | 4 |
| service, the licensee or applicant may present
the
Commissioner | 5 |
| with a motion in writing
for either a rehearing, a proposed | 6 |
| finding of fact, a conclusion of law, or an
alternative | 7 |
| sanction, and shall
specify the particular grounds for the | 8 |
| request. If the accused orders a
transcript of the record
as | 9 |
| provided in this Act, the time elapsing thereafter and before | 10 |
| the transcript
is ready for delivery to the
accused shall not | 11 |
| be counted as part of the 20 days. If the Commissioner is
not | 12 |
| satisfied that
substantial justice has been done, the | 13 |
| Commissioner may order a rehearing by
the Board or other
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| special committee appointed by the Commissioner, may remand the | 15 |
| matter to the
Board for its
reconsideration of the matter based | 16 |
| on the pleadings and evidence presented to
the Board, or may | 17 |
| enter
a final order in contravention of the Board's | 18 |
| recommendation. In all
instances under this Act in which
the | 19 |
| Board has rendered a recommendation to the Commissioner with | 20 |
| respect to a
particular licensee or
applicant, the | 21 |
| Commissioner, if he or she disagrees with
the recommendation of | 22 |
| the Board, shall file with the Board and provide to the
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| licensee or applicant a copy of the
Commissioner's specific | 24 |
| written reasons for
disagreement with the Board. The reasons | 25 |
| shall be filed within 60 days of the
Board's recommendation
to | 26 |
| the Commissioner and prior to any contrary action. At the | 27 |
| expiration of the
time specified for filing
a motion for a | 28 |
| rehearing, the Commissioner shall have the right to take any of
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| the actions specified in this
subsection (d). Upon the | 30 |
| suspension or revocation of a license, the licensee
shall
be | 31 |
| required to surrender his
or her license to OBRE, and upon | 32 |
| failure or refusal to do so, OBRE shall have
the right to seize | 33 |
| the
license.
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| (e) The Office of Banks and Real Estate has the power to | 35 |
| issue subpoenas and
subpoenas duces tecum
to bring before it | 36 |
| any licensee or person in this State, to take testimony, or to |
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| require
production of any document or record that is
records
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| relevant to an inquiry , investigation, or hearing by the Board | 3 |
| in the same manner as prescribed
by law in judicial
proceedings | 4 |
| in the courts of this State. In a case of refusal of a witness | 5 |
| to
attend, testify, or to produce
books or papers concerning a | 6 |
| matter upon which he or she might be lawfully
examined, the | 7 |
| circuit court
of the county where the hearing is held, upon | 8 |
| application of the Office of
Banks and Real Estate or any
party | 9 |
| to the proceeding, may compel obedience by proceedings as for | 10 |
| contempt.
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| (f) Any license that is suspended indefinitely or revoked | 12 |
| may not be
restored for a minimum period
of 2 years, or as | 13 |
| otherwise ordered by the Commissioner.
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| (g) In addition to the provisions of this Section | 15 |
| concerning the conduct of
hearings and the
recommendations for | 16 |
| discipline, OBRE has the authority to negotiate
disciplinary | 17 |
| and non-disciplinary
settlement agreements concerning any | 18 |
| license issued under this Act. All such
agreements shall be
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| recorded as Consent Orders or Consent to Administrative | 20 |
| Supervision Orders.
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| (h) The Commissioner shall have the authority to appoint an | 22 |
| attorney duly
licensed to practice law in the
State of Illinois | 23 |
| to serve as the hearing officer in any action to suspend,
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| revoke, or otherwise discipline
any license issued by the | 25 |
| Office of Banks and Real Estate. The Hearing Officer
shall have | 26 |
| full authority
to conduct the hearing.
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| (i) OBRE, at its expense, shall preserve a record of all | 28 |
| formal hearings of
any contested case involving
the discipline | 29 |
| of a license. At all hearings or pre-hearing conferences,
OBRE | 30 |
| and the licensee shall be
entitled to have the proceedings | 31 |
| transcribed by a certified shorthand reporter.
A copy of the | 32 |
| transcribed
proceedings shall be made available to the licensee | 33 |
| by the certified shorthand
reporter upon payment of
the | 34 |
| prevailing contract copy rate.
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| (Source: P.A. 92-180, eff. 7-1-02.)
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