(225 ILCS 458/15-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-5. Unlicensed practice; civil penalty; injunctive relief; unlawful influence.
(a) A person who violates Section 5-5 of this Act
shall, in addition to any other penalty provided by law, pay a civil penalty
to the Department
in an amount not
to exceed $25,000
for each violation as determined by the Secretary. The
civil penalty shall
be assessed by the Secretary
after a hearing in accordance with the provisions of this Act regarding the provision of a hearing for the discipline of a license.
(b) The Department
has the authority to investigate any activity that may violate
this Act.
(c) A civil penalty imposed pursuant to subsection (a) shall be paid within
60 days after the effective date
of the order imposing the
civil penalty. The order shall constitute a judgment and may be filed and executed in the same manner as any judgment from any court of record.
Any civil penalty collected under this Act shall be made payable to the Department of Financial and Professional Regulation
and
deposited into the Appraisal Administration Fund. In addition to or in lieu of
the imposition of a civil
penalty, the Department
may report a violation of this Act or the failure or refusal to
comply with an order of the Department
to the Attorney General or to the appropriate State's Attorney.
(d) Practicing as an appraiser without holding an active license as required
under this Act
is declared
to be adverse to the public welfare, to constitute a public nuisance, and to
cause irreparable harm to the
public welfare. The Secretary, the Attorney General, or the State's
Attorney
of any county in the State
may maintain an action for injunctive relief in any circuit court to enjoin any
person from
engaging in such practice.
Upon the filing of a verified petition in a circuit court, the court, if
satisfied by affidavit or otherwise that
a person has been engaged in the practice of real estate appraisal without an active license,
may enter a temporary restraining order without notice or bond
enjoining the defendant
from further practice. The showing of non-licensure, by affidavit or
otherwise, is sufficient
for the issuance of a temporary injunction.
If it is established that the defendant has been or is engaged
in unlawful practice, the court
may enter an order or judgment perpetually enjoining the defendant from further
unlawful practice. In all
proceedings under this Section, the court, in its discretion, may apportion the
costs among the parties interested
in the action, including the cost of filing the complaint, service of process,
witness fees and expenses, court
reporter charges, and reasonable attorneys' fees.
These injunction proceedings shall be in addition to, and not in lieu of, all
penalties and other remedies
provided in this Act.
(e) No person shall influence or attempt to influence through coercion, extortion, or bribery the independent judgment of an appraiser licensed or certified under this Act in the development, reporting, result, or review of a real estate appraisal. A person who violates this subsection (e) is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for any subsequent offense.
(Source: P.A. 102-20, eff. 1-1-22.)
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