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91_HB0903
LRB9103503ACtm
1 AN ACT to amend the Real Estate Appraiser Licensing Act
2 by changing Section 105.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Real Estate Appraiser Licensing Act is
6 amended by changing Section 105 as follows:
7 (225 ILCS 457/105)
8 Sec. 105. Hearing; reinstatement.
9 (a) The hearing on the charges shall be held at a time
10 and place prescribed by the Office of Banks and Real Estate
11 and in accordance with the Illinois Administrative Procedure
12 Act.
13 (b) If on the conclusion of the hearing the Board
14 determines that a real estate appraiser licensed in this
15 State or a real estate appraiser education licensee is guilty
16 of a violation of a provision of this Act, it shall prepare a
17 finding of fact and a recommendation that the appraiser be
18 reprimanded, placed on probation, or otherwise disciplined or
19 that the appraiser's license be suspended or revoked or
20 otherwise disciplined. The Commissioner shall give due
21 consideration to the recommendations of the Board and shall
22 then enter a decision and order in the matter. If the
23 Commissioner takes action contrary to the recommendation of
24 the Board, the Commissioner shall file with the Board in
25 writing the action taken and the specific reasons for his or
26 her actions that are contrary to the Board's recommendation.
27 (c) A final administrative decision of the Commissioner
28 is subject to judicial review pursuant to the provisions of
29 the Administrative Review Law.
30 (d) An appraisal license that has been revoked as a
31 result of disciplinary action shall not be reinstated for a
-2- LRB9103503ACtm
1 period of 2 years from the date of revocation and only then
2 after the Board has reviewed the application for
3 reinstatement and recommended that the revoked license be
4 reinstated by the Office of Banks and Real Estate. In its
5 recommendation the Board must cite the basis of the
6 recommendation including its consideration of the applicant's
7 recent continuing education attendance.
8 (e) Notwithstanding the provisions of this Act
9 concerning the conduct of hearings and recommendations for
10 disciplinary actions, the Office of Banks and Real Estate has
11 the authority to negotiate agreements with appraisers and
12 appraiser education licensees or applicants for licensure
13 which agreements shall be recorded as disciplinary Consent
14 Orders, or in lieu of publishable discipline, Consent to
15 Administrative Supervision Orders, as described in
16 subsections (b), (c), and (d) of Section 90.
17 (f) At any time after the revocation of a license, the
18 Commissioner may restore it to the accused person or course
19 provider, upon the written recommendation of the Board.
20 (Source: P.A. 90-571, eff. 7-1-98.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.