(225 ILCS 458/1-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1-10. Definitions. As used in this Act, unless the context
otherwise requires:
"Accredited college or university, junior college, or community college" means a college or university, junior college, or community college that is approved or accredited by the Board of Higher Education, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education.
"Address of record" means the designated street address, which may not be a post office box, recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department. "Applicant" means a person who applies to the Department
for a license under this Act.
"Appraisal" means
(noun) the act or process of developing an opinion
of value; an
opinion of value (adjective) of or pertaining to appraising
and related functions, such as appraisal practice or appraisal services. "Appraisal assignment" means a valuation service provided pursuant to an agreement between an appraiser and a client. "Appraisal firm" means an appraisal entity that is 100% owned and controlled by a person or persons licensed in Illinois as a certified general real estate appraiser or a certified residential real estate appraiser. "Appraisal firm" does not include an appraisal management company. "Appraisal management company" means any corporation, limited liability company, partnership, sole proprietorship, subsidiary, unit, or other business entity that directly or indirectly: (1) provides appraisal management services to creditors or secondary mortgage market participants, including affiliates; (2) provides appraisal management services in connection with valuing the consumer's principal dwelling as security for a consumer credit transaction (including consumer credit transactions incorporated into securitizations); and (3) any appraisal management company that, within a given 12-month period, oversees an appraiser panel of 16 or more State-certified appraisers in Illinois or 25 or more State-certified or State-licensed appraisers in 2 or more jurisdictions. "Appraisal management company" includes a hybrid entity. "Appraisal practice" means valuation services performed by an individual acting as an appraiser, including, but not limited to, appraisal or appraisal review.
"Appraisal qualification board (AQB)" means the independent board of the Appraisal Foundation, which, under the provisions of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, establishes the minimum education, experience, and examination requirements for real property appraisers to obtain a state certification or license. "Appraisal report" means any communication, written or oral, of an appraisal or appraisal review that is transmitted to a client upon completion of an assignment.
"Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal, appraisal review, or appraisal assignment.
"Appraisal Subcommittee" means the Appraisal Subcommittee of the Federal
Financial Institutions
Examination Council as established by Title XI.
"Appraiser" means a person who performs
real estate or real property
appraisals competently and in a manner that is independent, impartial, and objective. "Appraiser panel" means a network, list, or roster of licensed or certified appraisers approved by the appraisal management company or by the end-user client to perform appraisals as independent contractors for the appraisal management company. "Appraiser panel" includes both appraisers accepted by an appraisal management company for consideration for future appraisal assignments and appraisers engaged by an appraisal management company to perform one or more appraisals. For
the purposes of determining the size of an appraiser panel,
only independent contractors of hybrid entities shall be
counted towards the appraiser panel.
"Associate real estate trainee appraiser" means an entry-level appraiser who holds
a license of this classification under this Act with restrictions as to the scope of practice
in
accordance with this Act.
"Automated valuation model" means an automated system that is used to derive a property value through the use of available property records and various analytic methodologies such as comparable sales prices, home characteristics, and price changes. "Board" means the Real Estate Appraisal Administration and Disciplinary Board.
"Broker price opinion" means an estimate or analysis of the probable selling price of a particular interest in real estate, which may provide a varying level of detail about the property's condition, market, and neighborhood and information on comparable sales. The activities of a real estate broker or managing broker engaging in the ordinary course of business as a broker, as defined in this Section, shall not be considered a broker price opinion if no compensation is paid to the broker or managing broker, other than compensation based upon the sale or rental of real estate. "Classroom hour" means 50 minutes of instruction out of each 60-minute
segment of coursework.
"Client" means the party or parties who engage an appraiser by employment or contract in a specific appraisal assignment.
"Comparative market analysis" is an analysis or opinion regarding pricing, marketing, or financial aspects relating to a specified interest or interests in real estate that may be based upon an analysis of comparative market data, the expertise of the real estate broker or managing broker, and such other factors as the broker or managing broker may deem appropriate in developing or preparing such analysis or opinion. The activities of a real estate broker or managing broker engaging in the ordinary course of business as a broker, as defined in this Section, shall not be considered a comparative market analysis if no compensation is paid to the broker or managing broker, other than compensation based upon the sale or rental of real estate. "Coordinator" means the Real Estate Appraisal Coordinator created in Section 25-15.
"Department" means the Department of Financial and Professional Regulation.
"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file maintained by the Department. "Evaluation" means a valuation permitted by the appraisal regulations of the Federal Financial Institutions Examination Council and its federal agencies for transactions that qualify for the appraisal threshold exemption, business loan exemption, or subsequent transaction exemption. "Federal financial institutions regulatory agencies" means the Board of
Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the
Consumer Financial Protection Bureau, and the National Credit Union Administration.
"Federally related transaction" means any real estate-related financial
transaction in which a federal
financial institutions regulatory agency
engages in, contracts for, or
regulates and requires the services
of an appraiser.
"Financial institution" means any bank, savings bank, savings and loan
association, credit union,
mortgage broker, mortgage banker, licensee under the Consumer Installment Loan
Act or the Sales
Finance Agency Act, or a corporate fiduciary, subsidiary, affiliate, parent
company, or holding company
of any such licensee, or any institution involved in real estate financing that
is regulated by state or
federal law.
"Hybrid entity" means an appraisal management company that hires an appraiser as an employee to perform an appraisal and engages an independent contractor to perform an appraisal. "License" means the privilege conferred by the Department to a person that has fulfilled all requirements prerequisite to any type of licensure under this Act. "Licensee" means any person licensed under this Act. "Multi-state licensing system" means a web-based platform that allows an applicant to submit the application or license renewal application to the Department online. "Person" means an individual, entity, sole proprietorship, corporation, limited liability company, partnership, and joint venture, foreign or domestic, except that when the context otherwise requires, the term may refer to more than one individual or other described entity. "Real estate" means an identified parcel or tract of land, including any
improvements.
"Real estate related financial transaction" means any transaction involving:
(1) the sale, lease, purchase, investment in, or |
| exchange of real property, including interests in property or the financing thereof;
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(2) the refinancing of real property or interests in
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(3) the use of real property or interest in property
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| as security for a loan or investment, including mortgage backed securities.
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"Real property" means the interests, benefits, and rights inherent in the
ownership of real estate.
"Secretary" means the Secretary of Financial and Professional Regulation or the Secretary's designee.
"State certified general real estate
appraiser" means an appraiser who holds a
license of this classification under this Act
and such classification applies to
the appraisal of all types of real property without restrictions as to
the scope of practice.
"State certified residential real estate
appraiser" means an appraiser who
holds a
license of this classification
under this Act
and such classification applies to
the appraisal of
one to 4 units of
residential real property without regard to transaction value or complexity,
but with restrictions as to the
scope of practice
in a federally related transaction in accordance with Title
XI, the provisions of USPAP,
criteria established by the AQB, and further defined by rule.
"Supervising appraiser" means either (i) an appraiser who holds a valid license under this Act as either a State certified general real estate appraiser or a State certified residential real estate appraiser, who co-signs an appraisal report for an associate real estate trainee appraiser or (ii) a State certified general real estate appraiser who holds a valid license under this Act who co-signs an appraisal report for a State certified residential real estate appraiser on properties other than one to 4 units of residential real property without regard to transaction value or complexity.
"Title XI" means Title XI of the federal Financial Institutions Reform,
Recovery, and
Enforcement Act of 1989.
"USPAP" means the Uniform Standards of Professional Appraisal Practice as
promulgated by the
Appraisal Standards Board pursuant to Title XI and by rule.
"Valuation services" means services pertaining to aspects of property value.
(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21; 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
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(225 ILCS 458/5-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-5. Necessity of license; use of title; exemptions.
(a) It
is unlawful for a person to (i) act, offer services, or advertise services
as a State certified general real estate
appraiser, State certified residential real estate appraiser, or associate real estate trainee appraiser, (ii)
develop a real estate appraisal,
(iii)
practice as a real estate
appraiser, or (iv)
advertise as a real estate
appraiser
without a license issued under this Act. A person who
violates this subsection is
guilty of a Class A misdemeanor for a first offense and a Class 4 felony for any subsequent offense.
(a-5) It is unlawful for a person, unless registered as an appraisal management company, to solicit clients or enter into an appraisal engagement with clients without either a certified residential real estate appraiser license or a certified general real estate appraiser license issued under this Act. A person who violates this subsection is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for any subsequent offense. (b) It
is unlawful for a person, other than a
person who holds a valid license issued pursuant to this
Act as a State certified general real estate appraiser, a
State
certified
residential real estate appraiser,
or an associate real estate trainee appraiser to use these titles or any other title, designation, or
abbreviation likely to create the
impression that the person is licensed as a real estate appraiser pursuant to
this Act. A person who
violates this subsection is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for any subsequent offense.
(c)
This Act does not apply to a person who holds a valid license as a real estate broker or managing broker pursuant to the Real Estate License Act of 2000 who prepares or provides a broker price opinion or comparative market analysis in compliance with Section 10-45 of the Real Estate License Act of 2000. (d) Nothing in this Act shall preclude a State certified general real estate appraiser, a State certified residential real estate appraiser, or an associate real estate trainee appraiser from rendering appraisals for or on behalf of a partnership, association, corporation, firm, or group. However, no State appraisal license or certification shall be issued under this Act to a partnership, association, corporation, firm, or group.
(e) This Act does not apply to a county assessor, township assessor, multi-township assessor, county supervisor of assessments, or any deputy or employee of any county assessor, township assessor, multi-township assessor, or county supervisor of assessments in performance of respective duties in accordance with the provisions of the Property Tax Code.
(e-5) For the purposes of this Act, valuation waivers may be prepared by a licensed appraiser notwithstanding any other provision of this Act, and the following types of valuations are not appraisals and may not be represented to be appraisals, and a license is not required under this Act to
perform such valuations if the valuations are performed by (1) an employee of the Illinois Department of Transportation who has completed a minimum of 45 hours of course work in real estate appraisal, including the principles of real estate appraisals, appraisal of partial acquisitions, easement valuation, reviewing appraisals in eminent domain, appraisal for federal aid highway programs, and appraisal review for federal aid highway programs and has at least 2 years' experience in a field closely related to real estate; (2) a county engineer who is a registered professional engineer under the Professional Engineering Practice Act of 1989; (3) an employee of a municipality who has (i) completed a minimum of 45 hours of coursework in real estate appraisal, including the principles of real estate appraisals, appraisal of partial acquisitions, easement valuation, reviewing appraisals in eminent domain, appraisal for federal aid highway programs, and appraisal review for federal aid highway programs and (ii) has either 2 years' experience in a field clearly related to real estate or has completed 20 hours of additional coursework that is sufficient for a person to complete waiver valuations as approved by the Federal Highway Administration; or (4) a municipal engineer who has completed coursework that is sufficient for waiver valuations to be approved by the Federal Highway Administration and who is a registered professional engineer under the Professional Engineering Act of 1989, under the following circumstances: (A) a valuation waiver in an amount not to exceed |
| $20,000 prepared pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, or prepared pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs regulations and which is performed by (1) an employee of the Illinois Department of Transportation and co-signed, with a license number affixed, by another employee of the Illinois Department of Transportation who is a registered professional engineer under the Professional Engineering Practice Act of 1989 or (2) an employee of a municipality and co-signed with a license number affixed by a county or municipal engineer who is a registered professional engineer under the Professional Engineering Practice Act of 1989; and
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(B) a valuation waiver in an amount not to exceed
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| $20,000 prepared pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, or prepared pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs regulations and which is performed by a county or municipal engineer who is employed by a county or municipality and is a registered professional engineer under the Professional Engineering Practice Act of 1989. The valuation shall include the county or municipal engineer's signature and license number.
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Nothing in this subsection (e-5) shall be construed to allow the State of Illinois, a political subdivision thereof, or any public body to acquire real estate by eminent domain in any manner
other than provided for in the Eminent Domain Act.
(f) A State real estate appraisal certification or license is not required under this Act for any person, partnership, association, or corporation that performs appraisals of property owned by that person, partnership, association, or corporation for the sole use of that person, partnership, association, or corporation.
Any person who is certified or licensed under this Act and who performs any of the activities set forth in this subsection (f) must comply with the provisions of this Act. A person who violates this subsection (f) is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for any subsequent offense.
(g) This Act does not apply to an employee, officer, director, or member of a credit or loan committee of a financial institution or any other person engaged by a financial institution when performing an evaluation of real property for the sole use of the financial institution in a transaction for which the financial institution would not be required to use the services of a State licensed or State certified appraiser pursuant to federal regulations adopted under Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(h) This Act does not apply to the procurement of an automated valuation model.
(Source: P.A. 102-20, eff. 1-1-22.)
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(225 ILCS 458/5-25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-25. Renewal of license.
(a) The expiration date and renewal period
for a State certified general
real estate appraiser license
or a State certified residential
real estate appraiser license issued under
this Act shall be set by rule.
Except as otherwise provided in subsections (b) and (f) of this Section, the
holder of a license may renew
the license within 90 days preceding the expiration date by:
(1) completing and submitting to the Department, or |
| through a multi-state licensing system as designated by the Secretary, a renewal application form as provided by the Department;
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(2) paying the required fees; and
(3) providing evidence to the Department, or through
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| a multi-state licensing system as designated by the Secretary, of successful completion of the continuing education requirements through courses approved by the Department from education providers licensed by the Department, as established by the AQB and by rule.
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(b) A State certified general real estate appraiser
or State certified
residential real estate
appraiser whose license under this Act has expired may renew
the license for a period of
2 years following the expiration date by complying with the requirements of
paragraphs (1), (2),
and (3) of subsection (a)
of this Section and paying any late penalties established by rule.
(c) (Blank).
(d) The expiration date and renewal period for an associate real estate
trainee appraiser license issued under this
Act shall be set by rule. Except as otherwise provided in subsections (e) and
(f) of this Section, the holder
of an associate real estate trainee appraiser license may renew the license within 90
days preceding the expiration date by:
(1) completing and submitting to the Department, or
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| through a multi-state licensing system as designated by the Secretary, a renewal application form as provided by the Department;
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(2) paying the required fees; and
(3) providing evidence to the Department, or through
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| a multi-state licensing system as designated by the Secretary, of successful completion of the continuing education requirements through courses approved by the Department from education providers approved by the Department, as established by rule.
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(e) Any associate real estate trainee appraiser whose license under this Act has
expired may
renew the license for a period of 2 years following the expiration date
by complying with the requirements of paragraphs
(1), (2), and (3) of subsection (d) of this Section and paying any late
penalties
as established by rule.
(f) Notwithstanding subsections (c) and (e), an
appraiser whose license
under this Act has expired may renew or convert the license without
paying any lapsed renewal
fees or late penalties if the license expired while the appraiser was:
(1) on active duty with the United States Armed
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(2) serving as the Coordinator or an employee of the
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| Department who was required to surrender the license during the term of employment.
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Application for renewal must be made within 2 years following
the termination of the military service or related education, training, or
employment and shall include an affidavit from the licensee of engagement.
(g) The Department
shall provide reasonable care and due diligence to ensure that each
licensee under this Act
is provided with a renewal application at least 90 days prior to the expiration
date, but
timely renewal or conversion of the license prior to its expiration date is the responsibility of the licensee.
(h) The Department shall not issue or renew a license if the applicant or licensee has an unpaid fine or fee from a disciplinary matter or from a non-disciplinary action imposed by the Department until the fine or fee is paid to the Department or the applicant or licensee has entered into a payment plan and is current on the required payments.
(i) The Department shall not issue or renew a license if the applicant or licensee has an unpaid fine or civil penalty imposed by the Department for unlicensed practice until the fine or civil penalty is paid to the Department or the applicant or licensee has entered into a payment plan and is current on the required payments.
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
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(225 ILCS 458/15-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-10. Grounds for disciplinary action.
(a) The Department
may suspend, revoke,
refuse to issue,
renew, or restore a license and may reprimand place on probation or administrative
supervision,
or take any disciplinary or non-disciplinary action, including
imposing
conditions limiting the scope, nature, or extent of the real estate appraisal
practice of a
licensee or reducing the appraisal rank of a licensee,
and may impose an administrative fine
not to exceed $25,000 for each violation upon a licensee or applicant under this Act or any person who holds oneself out as an applicant or licensee
for any one or combination of the following:
(1) Procuring or attempting to procure a license by |
| knowingly making a false statement, submitting false information, engaging in any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.
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(2) Failing to meet the minimum qualifications for
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| licensure as an appraiser established by this Act.
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(3) Paying money, other than for the fees provided
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| for by this Act, or anything of value to a member or employee of the Board or the Department to procure licensure under this Act.
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(4) Conviction of, or plea of guilty or nolo
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| contendere, as enumerated in subsection (e) of Section 5-22, under the laws of any jurisdiction of the United States: (i) that is a felony, misdemeanor, or administrative sanction or (ii) that is a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.
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(5) Committing an act or omission involving
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| dishonesty, fraud, or misrepresentation with the intent to substantially benefit the licensee or another person or with intent to substantially injure another person as defined by rule.
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(6) Violating a provision or standard for the
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| development or communication of real estate appraisals as provided in Section 10-10 of this Act or as defined by rule.
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(7) Failing or refusing without good cause to
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| exercise reasonable diligence in developing, reporting, or communicating an appraisal, as defined by this Act or by rule.
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(8) Violating a provision of this Act or the rules
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| adopted pursuant to this Act.
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(9) Having been disciplined by another state, the
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| District of Columbia, a territory, a foreign nation, a governmental agency, or any other entity authorized to impose discipline if at least one of the grounds for that discipline is the same as or the equivalent of one of the grounds for which a licensee may be disciplined under this Act.
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(10) Engaging in dishonorable, unethical, or
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| unprofessional conduct of a character likely to deceive, defraud, or harm the public.
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(11) Accepting an appraisal assignment when the
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| employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, conclusion, or valuation reached or upon the consequences resulting from the appraisal assignment.
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(12) Developing valuation conclusions based on the
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| race, color, religion, sex, national origin, ancestry, age, marital status, family status, physical or mental disability, sexual orientation, pregnancy, order of protection status, military status, unfavorable military discharge, source of income, or any other protected class as defined under the Illinois Human Rights Act, of the prospective or present owners or occupants of the area or property under appraisal.
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(13) Violating the confidential nature of government
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| records to which the licensee gained access through employment or engagement as an appraiser by a government agency.
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(14) Being adjudicated liable in a civil proceeding
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| on grounds of fraud, misrepresentation, or deceit. In a disciplinary proceeding based upon a finding of civil liability, the appraiser shall be afforded an opportunity to present mitigating and extenuating circumstances, but may not collaterally attack the civil adjudication.
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(15) Being adjudicated liable in a civil proceeding
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| for violation of a state or federal fair housing law.
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(16) Engaging in misleading or untruthful advertising
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| or using a trade name or insignia of membership in a real estate appraisal or real estate organization of which the licensee is not a member.
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(17) Failing to fully cooperate with a Department
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| investigation by knowingly making a false statement, submitting false or misleading information, or refusing to provide complete information in response to written interrogatories or a written request for documentation within 30 days of the request.
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(18) Failing to include within the certificate of
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| appraisal for all written appraisal reports the appraiser's license number and licensure title. All appraisers providing significant contribution to the development and reporting of an appraisal must be disclosed in the appraisal report. It is a violation of this Act for an appraiser to sign a report, transmittal letter, or appraisal certification knowing that a person providing a significant contribution to the report has not been disclosed in the appraisal report.
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(19) Violating the terms of a disciplinary order or
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| consent to administrative supervision order.
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(20) Habitual or excessive use or addiction to
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| alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a licensee's inability to practice with reasonable judgment, skill, or safety.
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(21) A physical or mental illness or disability which
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| results in the inability to practice under this Act with reasonable judgment, skill, or safety.
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(22) Gross negligence in developing an appraisal or
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| in communicating an appraisal or failing to observe one or more of the Uniform Standards of Professional Appraisal Practice.
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(23) A pattern of practice or other behavior that
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| demonstrates incapacity or incompetence to practice under this Act.
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(24) Using or attempting to use the seal,
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| certificate, or license of another as one's own; falsely impersonating any duly licensed appraiser; using or attempting to use an inactive, expired, suspended, or revoked license; or aiding or abetting any of the foregoing.
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(25) Solicitation of professional services by using
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| false, misleading, or deceptive advertising.
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(26) Making a material misstatement in furnishing
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| information to the Department.
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(27) Failure to furnish information to the
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| Department upon written request.
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(b) The Department
may reprimand suspend, revoke,
or refuse to issue or renew an education provider's
license, may reprimand, place on probation, or otherwise discipline
an education provider
and may suspend or revoke the course approval of any course offered by
an education provider and may impose an administrative fine
not to exceed $25,000 upon
an education provider,
for any of the following:
(1) Procuring or attempting to procure licensure by
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| knowingly making a false statement, submitting false information, engaging in any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.
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(2) Failing to comply with the covenants certified to
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| on the application for licensure as an education provider.
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(3) Committing an act or omission involving
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| dishonesty, fraud, or misrepresentation or allowing any such act or omission by any employee or contractor under the control of the provider.
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(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in
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| accordance with rules adopted under this Act.
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(6) Failing to meet the topic or time requirements
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| for course approval as the provider of a qualifying curriculum course or a continuing education course.
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(7) Failing to administer an approved course using
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| the course materials, syllabus, and examinations submitted as the basis of the course approval.
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(8) Failing to provide an appropriate classroom
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| environment for presentation of courses, with consideration for student comfort, acoustics, lighting, seating, workspace, and visual aid material.
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(9) Failing to maintain student records in compliance
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| with the rules adopted under this Act.
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(10) Failing to provide a certificate, transcript, or
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| other student record to the Department or to a student as may be required by rule.
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(11) Failing to fully cooperate with an investigation
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| by the Department by knowingly making a false statement, submitting false or misleading information, or refusing to provide complete information in response to written interrogatories or a written request for documentation within 30 days of the request.
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(c) In appropriate cases, the Department
may resolve a complaint against a licensee
through the issuance of a Consent to Administrative Supervision order.
A licensee subject to a Consent to Administrative Supervision order
shall be considered by the Department
as an active licensee in good standing. This order shall not be reported or
considered by the Department
to be a discipline
of the licensee. The records regarding an investigation and a Consent to
Administrative Supervision order
shall be considered confidential and shall not be released by the Department
except
as mandated by law.
(Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24.)
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(225 ILCS 458/15-15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-15. Investigation; notice; hearing.
(a) Upon the motion of the Department
or the Board or
upon a complaint in
writing of a person setting forth facts that, if proven, would constitute
grounds for suspension, revocation,
or other disciplinary action, the Department shall investigate the actions or qualifications of any person who is a licensee, applicant for licensure, unlicensed person, person rendering or offering to render appraisal services, or holding or claiming to hold a license under this Act. If, upon investigation, the Department believes that there may be cause for suspension, revocation, or other disciplinary action, the Department shall use the services of a State certified general real estate appraiser, a State certified residential real estate appraiser, or the Coordinator to assist in determining whether grounds for disciplinary action exist prior to commencing formal disciplinary proceedings.
(b) Formal disciplinary proceedings shall commence upon the issuance of a
written complaint
describing the charges that are the basis of the disciplinary action and
delivery of the detailed complaint to the address of
record of the person charged. For an associate real estate trainee appraiser, a copy shall also be sent to the licensee's supervising appraiser of record. The Department
shall notify the person
to file a verified written
answer within 20 days after the service of the notice and complaint.
The
notification shall inform the person of the
right to be heard in person or by
legal counsel; that the hearing will be afforded not sooner than 20 days after
service
of the complaint; that failure to file an answer will result in a default being
entered against the person;
that the license may be suspended, revoked, or placed on
probationary status; and that other
disciplinary action may be taken pursuant to this Act, including limiting the
scope, nature, or extent of the licensee's
practice. If the person fails to file an answer after service of
notice, the respective license may,
at the discretion of the Department, be suspended,
revoked, or placed on probationary
status and the Department
may take whatever disciplinary
action it deems proper,
including limiting the scope, nature, or extent of the person's practice,
without a hearing.
(c) At the time and place fixed in the notice, the Board shall conduct
hearing of the charges, providing
both the person charged and the complainant ample opportunity to present in
person
or by counsel such statements, testimony, evidence, and argument as may be
pertinent to the charges or
to a defense thereto.
(d) The Board shall present to the Secretary
a written report of its
findings of fact and
recommendations. A copy of the report shall be served upon the person
either by
mail or, at the discretion of the Department, by electronic means. For associate real estate trainee appraisers, a copy shall also be sent to the licensee's supervising appraiser of record. Within 20 days after the service, the person may present
the Secretary
with a motion in writing
for a rehearing and shall
specify the particular grounds for the request. If the person orders a
transcript of the record
as provided in this Act, the time elapsing thereafter and before the transcript
is ready for delivery to the person
shall not be counted as part of the 20 days. If the Secretary
is
not satisfied that
substantial justice has been done, the Secretary
may order a rehearing by
the Board or other
special committee appointed by the Secretary, may remand the matter to the
Board for its
reconsideration of the matter based on the pleadings and evidence presented to
the Board, or may enter
a final order in contravention of the Board's recommendation. Notwithstanding a person's failure to file a motion for rehearing, the Secretary
shall have the right to take any of
the actions specified in this
subsection (d). Upon the suspension or revocation of a license, the licensee
shall
be required to surrender the respective license to the Department, and upon failure or refusal to do so, the Department
shall have
the right to seize the
license.
(e) The Department
has the power to issue subpoenas and
subpoenas duces tecum
to bring before it any person in this State, to take testimony, or to require
production of any records
relevant to an inquiry or hearing by the Board in the same manner as prescribed
by law in judicial
proceedings in the courts of this State. In a case of refusal of a witness to
attend, testify, or to produce
books or papers concerning a matter upon which the witness might be lawfully
examined, the circuit court
of the county where the hearing is held, upon application of the Department
or any
party to the proceeding, may compel obedience by proceedings as for contempt.
(f) Any license that is revoked may not be
restored for a minimum period
of 3 years.
(g) In addition to the provisions of this Section concerning the conduct of
hearings and the
recommendations for discipline, the Department
has the authority to negotiate
disciplinary and non-disciplinary
settlement agreements concerning any license issued under this Act. All such
agreements shall be
recorded as Consent Orders or Consent to Administrative Supervision Orders.
(h) The Secretary
shall have the authority to appoint an attorney duly
licensed to practice law in the
State of Illinois to serve as the hearing officer in any action to suspend,
revoke, or otherwise discipline
any license issued by the Department. The Hearing Officer
shall have full authority
to conduct the hearing.
(i) The Department, at its expense, shall preserve a record of all formal hearings of
any contested case involving
the discipline of a license. At all hearings or pre-hearing conferences, the Department
and the licensee shall be
entitled to have the proceedings transcribed by a certified shorthand reporter.
A copy of the transcribed
proceedings shall be made available to the licensee by the certified shorthand
reporter upon payment of
the prevailing contract copy rate.
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
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(225 ILCS 458/25-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-10. Real Estate Appraisal Administration and Disciplinary Board; appointment.
(a) There is hereby created the Real Estate Appraisal Administration and Disciplinary Board. The Board
shall be composed of the Coordinator and 10 persons appointed by the Governor. Members shall be appointed to the Board
subject to the following conditions:
(1) All appointed members shall have been residents |
| and citizens of this State for at least 5 years prior to the date of appointment.
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(2) The appointed membership of the Board should
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| reasonably reflect the geographic distribution of the population of the State.
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(3) Four appointed members shall have been actively
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| engaged and currently licensed as State certified general real estate appraisers for a period of not less than 5 years.
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(4) Three appointed members shall have been actively
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| engaged and currently licensed as State certified residential real estate appraisers for a period of not less than 5 years.
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(5) One appointed member shall hold a valid license
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| as a real estate broker for at least 3 years prior to the date of the appointment and shall hold either a valid State certified general real estate appraiser license or a valid State certified residential appraiser license issued under this Act or a predecessor Act for a period of at least 5 years prior to the appointment.
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(6) One appointed member shall be a representative of
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| a financial institution, as evidenced by proof of employment with a financial institution.
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(7) One appointed member shall represent the
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| interests of the general public. This member or the member's spouse shall not be licensed under this Act nor be employed by or have any financial interest in an appraisal business, appraisal management company, real estate brokerage business, or a financial institution.
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In making appointments as
provided in paragraphs (3) and (4) of this subsection, the Governor shall
give due consideration to recommendations by members and organizations
representing the profession.
In making the appointments as
provided in paragraph (5) of this subsection, the Governor shall give
due consideration to the recommendations by members and organizations
representing the real estate industry.
In making the appointment as provided
in paragraph (6) of this subsection, the Governor
shall give due consideration to the recommendations by members and
organizations representing financial institutions.
(b) The members' terms shall be for 4 years or until a successor is appointed. No member shall be reappointed to the Board for a term that would cause the member's cumulative service to the Board to exceed 12 years. Appointments to fill vacancies shall be for the unexpired portion of the term.
(c) The Governor may terminate the appointment of a member for cause that,
in
the opinion of the Governor, reasonably justifies the termination. Cause for
termination may include, without limitation, misconduct, incapacity, neglect of
duty, or missing 4 Board meetings during any one fiscal year.
(d) A majority of the Board members shall constitute a
quorum. A vacancy in the membership of the Board shall not impair the right of
a quorum to exercise all of the rights and perform all of the duties of the
Board.
(e) The Board shall meet at least monthly and may be convened
by the Chairperson, Vice-Chairperson, or 3 members of the Board upon 10 days
written notice.
(f) The Board shall, annually at the first meeting of the fiscal year,
elect a Chairperson and Vice-Chairperson from its
members. The Chairperson shall preside over the meetings and shall coordinate
with the Coordinator
in developing and distributing an agenda for each meeting. In the absence of
the Chairperson, the Vice-Chairperson shall preside over the meeting.
(g) The Coordinator shall serve as
a member of the Board without vote.
(h) The Board shall advise and make recommendations to
the Department
on the education and experience qualifications of any applicant for initial licensure as a State certified general real estate appraiser or a State certified residential real estate appraiser. The Department shall not make any decisions concerning education or experience qualifications of an applicant for initial licensure as a State certified general real estate appraiser or a State certified residential real estate appraiser without having first received the advice and recommendation of the Board and
shall give due consideration to all
such advice and recommendations; however, if the Board does not render advice or make a recommendation within a reasonable amount of time, then the Department may render a decision.
(i) Except as provided in Section 15-17 of this Act, the
Board shall hear and make recommendations to the
Secretary
on
disciplinary matters
that require a formal evidentiary hearing. The Secretary
shall give due
consideration to the
recommendations of the Board involving discipline and questions involving
standards of professional
conduct of licensees.
(j) The Department shall seek and the Board shall provide
recommendations to the Department
consistent with the
provisions
of this Act and for the administration and enforcement of all
rules adopted
pursuant to this Act. The Department
shall give due consideration to
such
recommendations
prior to adopting rules.
(k) The Department shall seek and the Board shall provide
recommendations to the Department
on the approval of all courses
submitted to the Department
pursuant to this Act and the rules adopted pursuant to this Act. The Department shall not approve any courses without having first received the recommendation of the Board and
shall
give due consideration to such
recommendations
prior to approving and licensing courses; however, if the Board does not make a recommendation within a reasonable amount of time, then the Department may approve courses.
(l) Each voting member of the Board may receive a per diem stipend in an
amount
to be determined by the Secretary. While engaged in the performance of duties, each member shall be reimbursed for necessary expenses.
(m) Members of the Board shall be immune from suit in an action based upon
any disciplinary
proceedings or other acts performed in good faith as members of the Board.
(n) If the Department disagrees with any advice or recommendation provided by the Board under this Section to the Secretary or the Department, then notice of such disagreement must be provided to the Board by the Department.
(o) (Blank).
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
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