|
||||
Public Act 096-0726 |
||||
| ||||
| ||||
AN ACT concerning professions and occupations.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 1. Short title. This Act may be cited as the | ||||
Community Association Manager Licensing and Disciplinary Act. | ||||
Section 5. Legislative intent. It is the intent of the | ||||
General Assembly that this Act provide for the regulation of | ||||
managers of community associations, ensure that those who hold | ||||
themselves out as possessing professional qualifications to | ||||
engage in the provision of community association management | ||||
services are, in fact, qualified to render management services | ||||
of a professional nature, and provide for the maintenance of | ||||
high standards of professional conduct by those licensed as | ||||
community association managers. | ||||
Section 10. Definitions. As used in this Act: | ||||
"Address of record" means the designated address recorded | ||||
by the Department in the applicant's or licensee's application | ||||
file or license file maintained by the Department's licensure | ||||
maintenance unit. It is the duty of the applicant or licensee | ||||
to inform the Department of any change of address, and such | ||||
changes must be made either through the Department's website or | ||||
by contacting the Department's licensure maintenance unit. |
"Advertise" means, but is not limited to, issuing or | ||
causing to be distributed any card, sign or device to any | ||
person; or causing, permitting or allowing any sign or marking | ||
on or in any building, structure, newspaper, magazine or | ||
directory, or on radio or television; or advertising by any | ||
other means designed to secure public attention. | ||
"Board" means the Illinois Community Association Manager | ||
Licensing and Disciplinary Board. | ||
"Community association" means an association in which | ||
membership is a condition of ownership or shareholder interest | ||
of a unit in a condominium, cooperative, townhouse, villa, or | ||
other residential unit which is part of a residential | ||
development plan and that is authorized to impose an | ||
assessment, rents, or other costs that may become a lien on the | ||
unit or lot. | ||
"Community Association Management Agency" means a company, | ||
firm, corporation, limited liability company, or other entity | ||
that engages in the community association management business | ||
and employs, in addition to the licensee-in-charge, at least | ||
one other person in conducting such business. | ||
"Community association manager" means an individual who | ||
administers for remuneration the financial, administrative, | ||
maintenance, or other duties for the community association, | ||
including the following services: (A) collecting, controlling | ||
or disbursing funds of the community association or having the | ||
authority to do so; (B) preparing budgets or other financial |
documents for the community association; (C) assisting in the | ||
conduct of community association meetings; (D) maintaining | ||
association records; and (E) administrating association | ||
contracts, as stated in the declaration, bylaws, proprietary | ||
lease, declaration of covenants, or other governing document of | ||
the community association. "Community association manager" | ||
does not mean support staff, including, but not limited to | ||
bookkeepers, administrative assistants, secretaries, property | ||
inspectors, or customer service representatives. | ||
"Department" means the Department of Financial and | ||
Professional Regulation. | ||
"License" means the license issued to a person to act as a | ||
community association manager under this Act or other authority | ||
to practice issued under this Act. | ||
"Person" means any individual, firm, corporation, | ||
partnership, organization, or body politic. | ||
"Licensee-in-charge" means a person licensed as a | ||
community association manager who has been designated by a | ||
Community Association Management Agency as the full-time | ||
management employee or owner who assumes sole responsibility | ||
for maintaining all records required by this Act and who | ||
assumes sole responsibility for assuring the licensed agency's | ||
compliance with its responsibilities as stated in the Act. | ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation.
|
Section 15. License required. Beginning 12 months after | ||
the adoption of rules providing for the licensure of a | ||
community association manager in Illinois under this Act, it | ||
shall be unlawful for any person, entity, or other business to | ||
provide community association management services or provide | ||
services as community association manager to any community | ||
association in this State, unless he or she holds a current and | ||
valid license issued licensed by the Department or is otherwise | ||
exempt from licensure under this Act. | ||
Section 20. Exemptions. | ||
(a) This Act does not apply to any of the following: | ||
(1) Any director, officer, or member of a community | ||
association providing one or more of the services of a | ||
community association manager without compensation for | ||
such services to the association. | ||
(2) Any person providing one or more of the services of | ||
a community association manager to a community association | ||
of 10 units or less. | ||
(3) A licensed attorney acting solely as an incident to
| ||
the practice of law. | ||
(4) A person acting as a receiver, trustee in | ||
bankruptcy, administrator, executor, or guardian acting | ||
under a court order or under the authority of a will or of | ||
a trust instrument. | ||
(5) A person licensed in this State under any other Act |
from engaging the practice for which he or she is licensed. | ||
(b) A licensed community association manager may not | ||
perform or engage in any activities for which a real estate | ||
broker or real estate salesperson's license is required under
| ||
the Real Estate License Act of 2000, unless he or she also | ||
possesses a current license under the Real Estate License Act | ||
of 2000 and is providing those services as provided for in the | ||
Act and the applicable rules.
| ||
(c) A person may act as, or provide services as, a | ||
community association manager without being licensed under | ||
this Act if the person (i) is a community association manager | ||
regulated under the laws of another state or territory of the | ||
United States or another country and (ii) has applied in | ||
writing to the Department, on forms prepared and furnished by | ||
the Department, for licensure under this Act, but only until | ||
the expiration of 6 months after the filing of his or her | ||
written application to the Department, his or her withdrawal of | ||
the application, he or she has received a notice of intent to | ||
deny the application from the Department, or the denial of the | ||
application by the Department. | ||
Section 25. Community Association Manager Licensing and | ||
Disciplinary Board. | ||
(a) There is hereby created the Community Association | ||
Manager Board, which shall consist of 7 members appointed by | ||
the Secretary. All members must be residents of the State and |
must have resided in the State for at least 5 years immediately | ||
preceding the date of appointment. Five members of the Board | ||
must be licensees under this Act, except that, initially, these | ||
members must meet the qualifications for licensure and have | ||
obtained a license within 6 months after the effective date of | ||
this Act. Two members of the Board shall be owners or | ||
shareholders of a unit in a community association at the time | ||
of appointment who are not licensees under this Act and have no | ||
direct affiliation or work experience with the community | ||
association manager. This Board shall act in an advisory | ||
capacity to the Department. | ||
(b) Board members shall serve for terms of 5 years, except | ||
that, initially, 4 members shall serve for 5 years and 3 | ||
members shall serve for 4 years. All members shall serve until
| ||
his or her successor is appointed and qualified. All vacancies | ||
shall be filled in like manner for the unexpired term. No | ||
member shall serve for more than 2 successive terms. The | ||
Secretary shall remove from the Board any member whose license | ||
has become void or has been revoked or suspended and may remove | ||
any member of the Board for neglect of duty, misconduct, or | ||
incompetence. A member subject to formal disciplinary | ||
proceedings shall disqualify himself or herself from all Board | ||
business until the charge is resolved. A member also shall | ||
disqualify himself or herself from any matter on which the | ||
member cannot act objectively. | ||
(c) Four Board members shall constitute a quorum. A quorum |
is required for all Board decisions. | ||
(d) The Board may elect a chairperson and vice chairperson. | ||
(e) Each member shall receive reimbursement as set by the | ||
Governor's Travel Control Board for expenses incurred in | ||
carrying out the duties as a Board member. The Board shall be | ||
compensated as determined by the Secretary. | ||
(f) The Board may recommend policies, procedures, and rules | ||
relevant to the administration and enforcement of this Act. | ||
Section 27. Immunity from Liability. Any member of the | ||
Board, any attorney providing
advice to the Board or | ||
Department, any person acting as a consultant to the Board or | ||
Department, and any witness testifying in a proceeding | ||
authorized under this Act, excluding the party making the | ||
complaint, shall be immune from liability in any civil action | ||
brought against him or her for acts occurring while acting in | ||
his or her capacity as a Board member, consultant, or witness, | ||
respectively, unless the conduct that gave rise to the action | ||
was willful or wanton misconduct. | ||
Section 30. Powers and duties of the Department. The | ||
Department may exercise the following functions, powers and | ||
duties: | ||
(a) formulate rules for the administration and enforcement | ||
of this Act; | ||
(b) prescribe forms to be issued for the administration and |
enforcement of this Act; | ||
(c) conduct hearings or proceedings to refuse to issue, | ||
renew, suspend, revoke, place on probation, reprimand, or take | ||
disciplinary or non-disciplinary action as the Department may | ||
deem appropriate under this Act; | ||
(d) maintain a roster of the names and addresses of all | ||
licensees in a manner as deemed appropriate by the Department; | ||
and | ||
(e) seek the advice and expert knowledge of the Board on | ||
any matter relating to the
administration and enforcement of | ||
this Act. | ||
Section 32. Social Security Number on license application. | ||
In addition to any other information required to be contained | ||
in the application, every application for an original, renewal, | ||
or restored license under this Act shall include the | ||
applicant's Social Security Number. | ||
Section 35. Functions and powers of the Board.
Subject to | ||
the provisions of this Act, the Board shall exercise, in an | ||
advisory capacity, the following functions and powers: | ||
(1) make recommendations regarding rules for the | ||
administration and enforcement of this Act, including, but | ||
not limited to, experience, education, licensure, | ||
disciplinary standards and procedures, renewal and | ||
restoration requirements;
|
(2) make recommendations regarding subjects, topics | ||
and areas needed for the examination in order to fairly | ||
ascertain the fitness and qualifications of applicants for | ||
licensure;
and | ||
(3) make recommendations regarding discipline as | ||
provided for in this Act.
| ||
Section 40. Qualifications for licensure as a community | ||
association manager. | ||
(a) No person shall be qualified for licensure under this | ||
Act, unless he or she has applied in writing on the prescribed | ||
forms and has paid the required, nonrefundable fees and meets | ||
all of the following qualifications: | ||
(1) He or she is at least 21 years of age. | ||
(2) He or she provides satisfactory evidence of having | ||
completed at least 20 classroom hours in community | ||
association management courses approved by the Board. | ||
(3) He or she has passed an examination authorized by | ||
the Department.
| ||
(4) He or she has not committed an act or acts, in this | ||
or any other jurisdiction, that would be a violation of | ||
this Act. | ||
(5) He or she is of good moral character. Good moral | ||
character is a continuing requirement of licensure. | ||
Conviction of crimes other than felonies may be used in | ||
determining moral character, but shall not constitute an |
absolute bar to licensure. | ||
(6) He or she has not been declared by any court of | ||
competent jurisdiction to be incompetent by reason of | ||
mental or physical defect or disease, unless a court has | ||
subsequently declared him or her to be competent. | ||
(7) He or she complies with any additional | ||
qualifications for licensure as determined by rule of the | ||
Department. | ||
(b) The education requirement set forth in item (2) of | ||
subsection (a) of this Section shall not apply to persons | ||
holding a real estate broker or real estate salesperson license | ||
in good standing issued under the Real Estate License Act of | ||
2000. | ||
(c) The examination and initial education requirement of | ||
items (2) and (3) of subsection (a) of this Section shall not | ||
apply to any person who within 6 months from the effective date | ||
of the requirement for licensure, as set forth in Section 170 | ||
of this Act, applies for a license by providing satisfactory | ||
evidence to the Department of qualifying experience or | ||
education, as may be set forth by rule, including without | ||
limitation evidence that he or she has (i) practiced community | ||
association management for a period of 5 years or (ii) achieved | ||
a designation awarded by recognized community association | ||
management organizations in the State. | ||
(d) Applicants have 3 years from the date of application to | ||
complete the application process. If the process has not been |
completed within the 3 years, the application shall be denied, | ||
the fee shall be forfeited, and the applicant must reapply and | ||
meet the requirements in effect at the time of re-application. | ||
Section 45. Examinations. | ||
(a) The Department shall authorize examinations of | ||
applicants for licensure as a community association manager at | ||
such times and places as it may determine. The examination of | ||
applicants shall be of a character to give a fair test of the | ||
qualifications of the applicant to practice as a community | ||
association manager. | ||
(b) Applicants for examination shall be required to pay, | ||
either to the Department or the designated testing service, a | ||
fee covering the cost of providing the examination. | ||
(c) The Department may employ consultants for the purpose | ||
of preparing and conducting examinations. | ||
(d) An applicant shall be eligible to take the examination | ||
only after successfully completing the education requirements | ||
set forth in this Act and attaining the minimum age required
| ||
under this Act. | ||
(e) The examination approved by the Department should | ||
utilize the basic principles of professional testing standards | ||
utilizing psychometric measurement. The examination shall use | ||
standards set forth by the National Organization for Competency | ||
Assurances and shall be approved by the Department. |
Section 50. Community Association Management Agency.
| ||
(a) No firm, corporation, limited liability company, or | ||
other legal entity shall provide or offer to provide community | ||
association management services, unless such services are | ||
provided through: | ||
(1) an employee or independent contractor who is | ||
licensed under this Act; | ||
(2) a natural person who is acting under the direct | ||
supervision of an employee of such firm, corporation, | ||
limited liability company, or other legal entity that is | ||
licensed under this Act; or | ||
(3) a natural person who is legally authorized to | ||
provide such services. | ||
(b) Any firm, corporation, limited liability company, or | ||
other legal entity that is providing, or offering to provide, | ||
community association management services and is not in | ||
compliance with Section 50 and the provisions of this Act shall | ||
be subject to the fines, injunctions, cease and desist | ||
provisions, and penalties provided for in Sections 90, 92, and | ||
155 of this Act. | ||
(c) No community association manager may be the | ||
licensee-in-charge for more than one firm, corporation, | ||
limited liability company, or other legal entity.
| ||
Section 55. Fidelity insurance; segregation of accounts. | ||
(a) A community association manager or the Community |
Association Management Agency with which he or she is employed | ||
shall not have access to and disburse funds of a community | ||
association unless each of the following conditions occur: | ||
(1) There is fidelity insurance in place to insure | ||
against loss for theft of community association funds. | ||
(2) The fidelity insurance is not less than all moneys | ||
under the control of the community association manager or | ||
the employing Community Association Management Agency for | ||
the association. | ||
(3) The fidelity insurance covers the community | ||
association manager and all partners, officers, and | ||
employees of the Community Association Management Agency | ||
with whom he or she is employed during the term of the | ||
insurance coverage, as well as the association officers, | ||
directors, and employees. | ||
(4) The insurance company issuing the fidelity | ||
insurance may not cancel or refuse to renew the bond | ||
without giving at least 10 days' prior written notice. | ||
(5) Unless an agreement between the community | ||
association and the community association manager or the | ||
Community Association Management Agency provides to the | ||
contrary, the Association secures and pays for the fidelity | ||
insurance. The community association manager and the | ||
Community Association Management Agency must be named as | ||
additional insured parties on the association policy. | ||
(b) A community association manager or Community |
Association Management Agency that provides community | ||
association management services for more than one community | ||
association shall maintain separate, segregated accounts for | ||
each community association or, with the consent of the | ||
association, combine the accounts of one or more associations, | ||
but in that event, separately account for the funds of each | ||
association. The funds shall not, in any event, be commingled | ||
with the community association manager's or Community | ||
Association Management Agency's funds. The maintenance of such | ||
accounts shall be custodial, and such accounts shall be in the | ||
name of the respective community association or community | ||
association manager or Community Association Management Agency | ||
as the agent for the association. | ||
(c) The community association manager or Community | ||
Association Management Agency shall obtain the appropriate | ||
general liability and errors and omissions insurance, as | ||
determined by the Department, to cover any losses or claims | ||
against community association clients. | ||
(d) The Department shall have authority to promulgate | ||
additional rules regarding insurance, fidelity insurance and | ||
all accounts maintained and to be maintained by a community | ||
association manager or Community Association Management | ||
Agency.
| ||
Section 60. Licenses; renewals; restoration; person in | ||
military service. |
(a) The expiration date and renewal period for each license | ||
issued under this Act shall be set by rule. The Department may | ||
promulgate rules requiring continuing education and set all | ||
necessary requirements for such, including but not limited to | ||
fees, approved coursework, number of hours, and waivers of | ||
continuing education. | ||
(b) Any licensee who has permitted his or her license to | ||
expire may have the license restored by making application to | ||
the Department and filing proof acceptable to the Department of | ||
fitness to have his or her license restored, by which may | ||
include sworn evidence certifying to active practice in another | ||
jurisdiction satisfactory to the Department, complying with | ||
any continuing education requirements, and paying the required | ||
restoration fee. | ||
(c) If the person has not maintained an active practice in | ||
another jurisdiction satisfactory to the Department, the | ||
Department shall determine, by an evaluation program | ||
established by rule, the person's fitness to resume active | ||
status and may require the person to complete a period of | ||
evaluated clinical experience and successful completion of a | ||
practical examination.
However, any person whose license | ||
expired while (i) in federal service on active duty with the | ||
Armed Forces of the United States or called into service or | ||
training with the State Militia or (ii) in training or | ||
education under the supervision of the United States | ||
preliminary to induction into the military service may have his |
or her license renewed or restored without paying any lapsed | ||
renewal fees if, within 2 years after honorable termination of | ||
the service, training or education, except under condition | ||
other than honorable, he or she furnishes the Department with | ||
satisfactory evidence to the effect that he or she has been so | ||
engaged and that the service, training, or education has been | ||
so terminated. | ||
(d) A community association manager who notifies the | ||
Department, in writing on forms prescribed by the Department, | ||
may place his or her license on inactive status and shall be | ||
excused from the payment of renewal fees until the person | ||
notifies the Department in writing of the intention to resume | ||
active practice. | ||
(e) A community association manager requesting his or her | ||
license be changed from inactive to active status shall be | ||
required to pay the current renewal fee and shall also | ||
demonstrate compliance with the continuing education | ||
requirements. | ||
(f) Any license nonrenewed or on inactive status shall | ||
provide community association management services or provide | ||
services as community association manager as set forth in this | ||
Act. | ||
(g) Any person violating subsection (f) of this Section | ||
shall be considered to be practicing without a license and will | ||
be subject to the disciplinary provisions of this Act. |
Section 65. Fees; Community Association Manager Licensing | ||
and Disciplinary Fund. | ||
(a) The fees for the administration and enforcement of this | ||
Act, including, but not limited to, initial licensure, renewal, | ||
and restoration, shall be set by rule of the Department. The | ||
fees shall be nonrefundable. | ||
(b) In addition to the application fee, applicants for the | ||
examination are required to pay, either to the Department or | ||
the designated testing service, a fee covering the cost of | ||
determining an applicant's eligibility and providing the | ||
examination. Failure to appear for the examination on the | ||
scheduled date, at the time and place specified, after the | ||
applicant's application and fee for examination have been | ||
received and acknowledged by the Department or the designated | ||
testing service, shall result in the forfeiture of the fee. | ||
(c) To support the costs of administering this Act, all | ||
community associations that have 10 or more units and are | ||
registered in this State as not-for-profit corporations shall | ||
pay to the Department an annual fee of $50 plus an additional | ||
$1 per unit. The Department may establish forms and promulgate | ||
any rules for the effective collection of such fees under this | ||
subsection (c). | ||
Any not-for-profit corporation in this State that fails to | ||
pay in full to the Department all fees owed under this | ||
subsection (c) shall be subject to the penalties and procedures | ||
provided for under Section 92 of this Act. |
(d) All fees, fines, penalties, or other monies received or | ||
collected pursuant to this Act shall be deposited in the | ||
Community Association Manager Licensing and Disciplinary Fund.
| ||
Section 70. Penalty for insufficient funds; payments. Any | ||
person who delivers a check or other payment to the Department | ||
that is returned to the Department unpaid by the financial | ||
institution upon which it is drawn shall pay to the Department, | ||
in addition to the amount already owed to the Department, a | ||
fine of $50. The Department shall notify the person that | ||
payment of fees and fines shall be paid to the Department by | ||
certified check or money order within 30 calendar days after | ||
notification. If, after the expiration of 30 days from the date | ||
of the notification, the person has failed to submit the | ||
necessary remittance, the Department shall automatically | ||
terminate the license or deny the application, without hearing. | ||
If, after termination or denial, the person seeks a license, he | ||
or she shall apply to the Department for restoration or | ||
issuance of the license and pay all fees and fines due to the | ||
Department. The Department may establish a fee for the | ||
processing of an application for restoration of a license to | ||
pay all expenses of processing this application. The Secretary | ||
may waive the fines due under this Section in individual cases | ||
where the Secretary finds that the fines would be unreasonable | ||
or unnecessarily burdensome. |
Section 75. Endorsement. The Department may issue a | ||
license as a licensed community association manager, without | ||
the required examination, to an applicant licensed under the | ||
laws of another state if the requirements for licensure in that | ||
state are, on the date of licensure, substantially equal to the | ||
requirements of this Act or to a person who, at the time of his | ||
or her application for licensure, possessed individual | ||
qualifications that were substantially equivalent to the | ||
requirements then in force in this State. An applicant under | ||
this Section shall pay all of the required fees. | ||
Applicants have 3 years from the date of application to | ||
complete the application process. If the process has not been | ||
completed within the 3 years, the application shall be denied, | ||
the fee shall be forfeited, and the applicant must reapply and | ||
meet the requirements in effect at the time of reapplication.
| ||
Section 80. Roster. The Department shall maintain a roster | ||
of names and addresses of all persons who hold valid licenses | ||
and all persons whose licenses have been suspended, revoked or | ||
otherwise disciplined. This roster shall be available upon | ||
request and payment of the required fee as determined by the | ||
Department.
| ||
Section 85. Grounds for discipline; refusal, revocation, | ||
or suspension. | ||
(a) The Department may refuse to issue or renew, or may |
revoke a license, or may suspend, place on probation, fine, or | ||
take any disciplinary or non-disciplinary action as the | ||
Department may deem proper, including fines not to exceed | ||
$10,000 for each violation, with regard to any licensee for any | ||
one or combination of the following causes: | ||
(1) Material misstatement in furnishing information to | ||
the Department. | ||
(2) Violations of this Act or its rules. | ||
(3) Conviction of or entry of a plea of guilty or nolo | ||
contendere to any crime that is a felony under the laws of | ||
the United States or any state or territory thereof or a | ||
misdemeanor of which an essential element is dishonesty or | ||
that is directly related to the practice of the profession. | ||
(4) Making any misrepresentation for the purpose of | ||
obtaining a license or violating any provision of this Act | ||
or its rules. | ||
(5) Professional incompetence. | ||
(6) Gross negligence. | ||
(7) Aiding or assisting another person in violating any | ||
provision of this Act or its rules. | ||
(8) Failing, within 30 days, to provide information in | ||
response to a request made by the Department. | ||
(9) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a character likely to deceive, | ||
defraud or harm the public as defined by the rules of the | ||
Department, or violating the rules of professional conduct |
adopted by the Department. | ||
(10) Habitual or excessive use or addiction to alcohol, | ||
narcotics, stimulants, or any other chemical agent or drug | ||
that results in the inability to practice with reasonable | ||
judgment, skill, or safety. | ||
(11) Discipline by another state, territory, or | ||
country if at least one of the grounds for the discipline | ||
is the same or substantially equivalent to those set forth | ||
in this Act. | ||
(12) Directly or indirectly giving to or receiving from | ||
any person, firm, corporation, partnership or association | ||
any fee, commission, rebate, or other form of compensation | ||
for any professional services not actually or personally | ||
rendered. | ||
(13) A finding by the Department that the licensee, | ||
after having his or her license placed on probationary | ||
status, has violated the terms of probation. | ||
(14) Willfully making or filing false records or | ||
reports relating to a licensee's practice, including but | ||
not limited to false records filed any State or federal | ||
agencies or departments. | ||
(15) Being named as a perpetrator in an indicated | ||
report by the Department of Children and Family Services | ||
under the Abused and Neglected Child Reporting Act and upon | ||
proof by clear and convincing evidence that the licensee | ||
has caused a child to be an abused child or neglected child |
as defined in the Abused and Neglected Child Reporting Act. | ||
(16) Physical illness or mental illness or impairment, | ||
including, but not limited to, deterioration through the | ||
aging process or loss of motor skill that results in the | ||
inability to practice the profession with reasonable | ||
judgment, skill, or safety. | ||
(17) Solicitation of professional services by using | ||
false or misleading advertising. | ||
(18) A finding that licensure has been applied for or | ||
obtained by fraudulent means. | ||
(19) Practicing or attempting to practice under a name | ||
other than the full name as shown on the license or any | ||
other legally authorized name. | ||
(20) Gross overcharging for professional services | ||
including, but not limited to, (i) collection of fees or | ||
moneys for services that are not rendered; and (ii) | ||
charging for services that are not in accordance with the | ||
contract between the licensee and the community | ||
association. | ||
(21) Improper commingling of personal and client funds | ||
in violation of this Act or any rules promulgated thereto. | ||
(22) Failing to account for or remit any moneys or | ||
documents coming into the licensee's possession that | ||
belong to another person or entity. | ||
(23) Giving differential treatment to a person that is | ||
to that person's detriment because of race, color, creed, |
sex, religion, or national origin. | ||
(24) Performing and charging for services without | ||
reasonable authorization to do so from the person or entity | ||
for whom service is being provided. | ||
(25) Failing to make available to the Department, upon | ||
request, any books, records, or forms required by this Act. | ||
(26) Purporting to be a licensee-in-charge of an agency | ||
without active participation in the agency. | ||
(27) Failing to make available to the Department at the | ||
time of the request any indicia of licensure or | ||
registration issued under this Act. | ||
(b) In accordance with subdivision (a)(5) of Section 15 of | ||
the Department of Professional Regulation Law of the Civil | ||
Administrative Code of Illinois (20 ILCS 2105/2105-15), the | ||
Department shall deny a license or renewal authorized by this | ||
Act to a person who has defaulted on an educational loan or | ||
scholarship provided or guaranteed by the Illinois Student | ||
Assistance Commission or any governmental agency of this State. | ||
(c) The determination by a circuit court that a licensee is | ||
subject to involuntary admission or judicial admission, as | ||
provided in the Mental Health and Developmental Disabilities | ||
Code, operates as an automatic suspension. The suspension will | ||
terminate only upon a finding by a court that the patient is no | ||
longer subject to involuntary admission or judicial admission | ||
and the issuance of an order so finding and discharging the | ||
patient, and upon the recommendation of the Board to the |
Secretary that the licensee be allowed to resume his or her | ||
practice as a licensed community association manager. | ||
(d) In accordance with subsection (g) of Section 15 of the | ||
Department of Professional Regulation Law of the Civil | ||
Administrative Code of Illinois (20 ILCS 2105/2105-15), the | ||
Department may refuse to issue or renew or may suspend the | ||
license of any person who fails to file a return, to pay the | ||
tax, penalty, or interest shown in a filed return, or to pay | ||
any final assessment of tax, penalty, or interest, as required | ||
by any tax Act administered by the Department of Revenue, until | ||
such time as the requirements of that tax Act are satisfied.
| ||
(e) In accordance with subdivision (a)(5) of Section 15 of | ||
the Department of Professional Regulation Law of the Civil | ||
Administrative Code of Illinois (20 ILCS 2105/2105-15) and in | ||
cases where the Department of Healthcare and Family Services | ||
(formerly Department of Public Aid) has previously determined | ||
that a licensee or a potential licensee is more than 30 days | ||
delinquent in the payment of child support and has subsequently | ||
certified the delinquency to the Department may refuse to issue | ||
or renew or may revoke or suspend that person's license or may | ||
take other disciplinary action against that person based solely | ||
upon the certification of delinquency made by the Department of | ||
Healthcare and Family Services. | ||
(f) In enforcing this Section, the Department or Board upon | ||
a showing of a possible violation may compel an individual | ||
licensed to practice under this Act, or who has applied for |
licensure under this Act, to submit to a mental or physical | ||
examination, or both, as required by and at the expense of the | ||
Department. The Department or Board may order the examining | ||
physician to present testimony concerning the mental or | ||
physical examination of the licensee or applicant. No | ||
information shall be excluded by reason of any common law or | ||
statutory privilege relating to communications between the | ||
licensee or applicant and the examining physician. The | ||
examining physicians shall be specifically designated by the | ||
Board or Department. The individual to be examined may have, at | ||
his or her own expense, another physician of his or her choice | ||
present during all aspects of this examination. Failure of an | ||
individual to submit to a mental or physical examination, when | ||
directed, shall be grounds for suspension of his or her license | ||
or denial of his or her application or renewal until the | ||
individual submits to the examination if the Department finds, | ||
after notice and hearing, that the refusal to submit to the | ||
examination was without reasonable cause.
| ||
If the Department or Board finds an individual unable to | ||
practice because of the reasons set forth in this Section, the | ||
Department or Board may require that individual to submit to | ||
care, counseling, or treatment by physicians approved or | ||
designated by the Department or Board, as a condition, term, or | ||
restriction for continued, reinstated, or renewed licensure to | ||
practice; or, in lieu of care, counseling, or treatment, the | ||
Department may file, or the Board may recommend to the |
Department to file, a complaint to immediately suspend, revoke, | ||
deny, or otherwise discipline the license of the individual. An | ||
individual whose license was granted, continued, reinstated, | ||
renewed, disciplined or supervised subject to such terms, | ||
conditions, or restrictions, and who fails to comply with such | ||
terms, conditions, or restrictions, shall be referred to the | ||
Secretary for a determination as to whether the individual | ||
shall have his or her license suspended immediately, pending a | ||
hearing by the Department. | ||
In instances in which the Secretary immediately suspends a | ||
person's license under this Section, a hearing on that person's | ||
license must be convened by the Department within 30 days after | ||
the suspension and completed without appreciable delay. The | ||
Department and Board shall have the authority to review the | ||
subject individual's record of treatment and counseling | ||
regarding the impairment to the extent permitted by applicable | ||
federal statutes and regulations safeguarding the | ||
confidentiality of medical records. | ||
An individual licensed under this Act and affected under | ||
this Section shall be afforded an opportunity to demonstrate to | ||
the Department or Board that he or she can resume practice in | ||
compliance with acceptable and prevailing standards under the | ||
provisions of his or her license. | ||
Section 87. Suspension of license for failure to pay | ||
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 46-1 of the Criminal Code of 1961. A person whose | ||
license or other authorization to practice is suspended under | ||
this Section is prohibited from practicing until the | ||
restitution is made in full. | ||
Section 90. Violations; injunctions; cease and desist | ||
orders. | ||
(a) If any person violates a provision of this Act, the | ||
Secretary may, in the name of the People of the State of | ||
Illinois, through the Attorney General of the State of | ||
Illinois, petition for an order enjoining the violation or for | ||
an order enforcing compliance with this Act. Upon the filing of | ||
a verified petition in court, the court may issue a temporary | ||
restraining order, without notice or bond, and may | ||
preliminarily and permanently enjoin the violation. If it is | ||
established that the person has violated or is violating the | ||
injunction, the Court may punish the offender for contempt of | ||
court. Proceedings under this Section are in addition to, and | ||
not in lieu of, all other remedies and penalties provided by | ||
this Act. | ||
(b) If any person, entity or other business may provide | ||
community association management services or provide services |
as community association manager to any community association | ||
in this State without having a valid license under this Act, | ||
then any licensee, any interested party or any person injured | ||
thereby may, in addition to the Secretary, petition for relief | ||
as provided in subsection (a) of this Section. | ||
(c) Whenever in the opinion of the Department any person, | ||
entity or other business violates any provision of this Act, | ||
the Department may issue a rule to show cause why an order to | ||
cease and desist should not be entered against such person, | ||
firm or other entity. The rule shall clearly set forth the | ||
grounds relied upon by the Department and shall provide a | ||
period of at least 7 days from the date of the rule to file an | ||
answer to the satisfaction of the Department. If the person, | ||
firm or other entity fails to file an answer satisfactory to | ||
the Department, the matter shall be considered as a default and | ||
the Department may cause an order to cease and desist to be | ||
issued immediately. | ||
Section 92. Unlicensed practice; violation; civil penalty. | ||
(a) Any person, entity or other business who practices, | ||
offers to practice, attempts to practice, or holds himself, | ||
herself or itself out to practice as a community association | ||
management service or provide services as community | ||
association manager to any community association in this State | ||
without being licensed under 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 $10,000 for each offense, | ||
as determined by the Department. The civil penalty shall be | ||
assessed by the Department after a hearing is held in | ||
accordance with the provisions set forth in this Act regarding | ||
the provision of a hearing for the discipline of a licensee. | ||
(b) The Department may investigate any and all unlicensed | ||
activity. | ||
(c) The civil penalty 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 | ||
execution had thereon in the same manner as any judgment from | ||
any court of record. | ||
Section 95. Investigation; notice and hearing. The | ||
Department may investigate the actions or qualifications of a | ||
person, entity or other business holding or claiming to hold a | ||
license. Before suspending, revoking, placing on probationary | ||
status, or taking any other disciplinary action as the | ||
Department may deem proper with regard to any license, at least | ||
30 days before the date set for the hearing, the Department | ||
shall (i) notify the accused in writing of any charges made and | ||
the time and place for a hearing on the charges before the | ||
Board, (ii) direct the individual or entity to file a written | ||
answer to the charges with the Board under oath within 20 days | ||
after the service on him or her of such notice, and (iii) | ||
inform the person, entity or other business that if the person, |
entity, or other business fails to file an answer, default will | ||
be taken against such person, entity, or other business and the | ||
license of such person, entity, or other business may be | ||
suspended, revoked, placed on probationary status, or other | ||
disciplinary action taken with regard to the license, including | ||
limiting the scope, nature, or extent of his or her practice, | ||
as the Department may deem proper. In case the person, after | ||
receiving notice, fails to file an answer, his or her license | ||
may, in the discretion of the Department, be suspended, | ||
revoked, placed on probationary status, or the Department may | ||
take whatever disciplinary action deemed proper, including | ||
limiting the scope, nature, or extent of the person's practice | ||
or the imposition of a fine, without a hearing, if the act or | ||
acts charged constitute sufficient grounds for such action | ||
under this Act. Written notice may be served by personal | ||
delivery or by registered or certified mail to the applicant or | ||
licensee at his or her last address of record with the | ||
Department. In case the person fails to file an answer after | ||
receiving notice, his or her license may, in the discretion of | ||
the Department, be suspended, revoked, or placed on | ||
probationary status, or the Department may take whatever | ||
disciplinary action deemed proper, including limiting the | ||
scope, nature, or extent of the person's practice or the | ||
imposition of a fine, without a hearing, if the act or acts | ||
charged constitute sufficient grounds for such action under | ||
this Act. The written answer shall be served by personal |
delivery, certified delivery, or certified or registered mail | ||
to the Department. At the time and place fixed in the notice, | ||
the Department shall proceed to hear the charges and the | ||
parties or their counsel shall be accorded ample opportunity to | ||
present such statements, testimony, evidence, and argument as | ||
may be pertinent to the charges or to the defense thereto. The | ||
Department may continue such hearing from time to time. At the | ||
discretion of the Secretary after having first received the | ||
recommendation of the Board, the accused person's license may | ||
be suspended or revoked, if the evidence constitutes sufficient | ||
grounds for such action under this Act. | ||
Section 100. Record of proceeding. The Department, at its | ||
expense, shall preserve a record of all proceedings at the | ||
formal hearing of any case involving the refusal to restore, | ||
issue or renew a license, or the discipline of a licensee. The | ||
notice of hearing, complaint and all other documents in the | ||
nature of pleadings and written motions filed in the | ||
proceedings, the transcript of testimony, the report of the | ||
Board and the orders of the Department shall be the record of | ||
the proceedings. | ||
Section 105. Subpoenas; oaths; attendance of witnesses.
| ||
The Department has the power to subpoena documents, books, | ||
records, or other materials and to bring before it any person | ||
and to take testimony either orally, by deposition, by written |
interrogatory, or any combination thereof, with the same fees | ||
and mileage and in the same manner as prescribed in civil cases | ||
in the courts of this State.
| ||
The Secretary, the designated hearing officer, and every | ||
member of the Board has the power to administer oaths to | ||
witnesses at any hearing that the Department is authorized to | ||
conduct and any other oaths authorized in any Act administered | ||
by the Department. | ||
Any circuit court may, upon application of the Department | ||
or its designee, or of the applicant or licensee against whom | ||
proceedings under this Act are pending, enter an order | ||
requiring the attendance of witnesses and their testimony, and | ||
the production of documents, papers, files, books, records or | ||
testimony in connection with any hearing or investigation. The | ||
court may compel obedience to its order by proceedings for | ||
contempt. | ||
Section 110. Recommendations for disciplinary action. At | ||
the conclusion of the hearing, the Board shall present to the | ||
Secretary a written report of its findings and recommendations. | ||
The report shall contain a finding whether or not the accused | ||
person violated this Act or failed to comply with the | ||
conditions required in this Act. The Board shall specify the | ||
nature of the violation or failure to comply, and shall make | ||
its recommendations to the Secretary. | ||
The report of findings and recommendations of the Board |
shall be the basis for the Department's order for refusal or | ||
for the granting of a license, or for any disciplinary action, | ||
unless the Secretary shall determine that the Board's report is | ||
contrary to the manifest weight of the evidence, in which case | ||
the Secretary may issue an order in contravention of the | ||
Board's report. The finding is not admissible in evidence | ||
against the person in a criminal prosecution brought for the | ||
violation of this Act, but the hearing and finding are not a | ||
bar to a criminal prosecution brought for the violation of this | ||
Act. | ||
Section 115. Rehearing. In any hearing involving | ||
disciplinary action against a licensee, a copy of the Board's | ||
report shall be served upon the respondent by the Department, | ||
either personally or as provided in this Act for the service of | ||
the notice of hearing. Within 20 calendar days after service, | ||
the respondent may present to the Department a motion in | ||
writing for a rehearing that shall specify the particular | ||
grounds for rehearing. If no motion for rehearing is filed, | ||
then upon the expiration of the time specified for filing a | ||
motion, or if a motion for rehearing is denied, then upon | ||
denial, the Secretary may enter an order in accordance with | ||
recommendations of the Board, except as provided in this Act. | ||
If the respondent orders from the reporting service, and pays | ||
for, a transcript of the record within the time for filing a | ||
motion for rehearing, the 20 calendar day period within which a |
motion may be filed shall commence upon the delivery of the | ||
transcript to the respondent. | ||
Section 120. Appointment of a hearing officer. The | ||
Secretary has the authority to appoint any attorney duly | ||
licensed to practice law in the State of Illinois to serve as | ||
the hearing officer in any action for refusal to issue or renew | ||
a license, or to discipline a licensee. The hearing officer has | ||
full authority to conduct the hearing. The hearing officer | ||
shall report his findings and recommendations to the Board and | ||
the Secretary. The Board has 60 calendar days from receipt of | ||
the report to review the report of the hearing officer and | ||
present its findings of fact, conclusions of law and | ||
recommendations to the Secretary. | ||
If the Board fails to present its report within the 60 | ||
calendar day period, the respondent may request in writing a | ||
direct appeal to the Secretary, in which case the Secretary | ||
shall, within 7 calendar days after the request, issue an order | ||
directing the Board to issue its findings of fact, conclusions | ||
of law, and recommendations to the Secretary within 30 calendar | ||
days after such order. | ||
If the Board fails to issue its findings of fact, | ||
conclusions of law, and recommendations within that time frame | ||
to the Secretary after the entry of such order, the Secretary | ||
shall, within 30 calendar days thereafter, issue an order based | ||
upon the report of the hearing officer and the record of the |
proceedings or issue an order remanding the matter back to the | ||
hearing officer for additional proceedings in accordance with | ||
the order. | ||
If (i) a direct appeal is requested, (ii) the Board fails | ||
to issue its findings of fact, conclusions of law, and | ||
recommendations within the 30-day mandate from the Secretary or | ||
the Secretary fails to order the Board to do so, and (iii) the | ||
Secretary fails to issue an order within 30 calendar days | ||
thereafter, then the hearing officer's report is deemed | ||
accepted and a final decision of the Secretary. | ||
Notwithstanding any other provision of this Section, if the | ||
Secretary, upon review, determines that substantial justice | ||
has not been done in the revocation, suspension, or refusal to | ||
issue or renew a license or other disciplinary action taken as | ||
the result of the entry of the hearing officer's report, the | ||
Secretary may order a rehearing by the same or other examiners. | ||
If the Secretary disagrees with the recommendation of the Board | ||
or the hearing officer, the Secretary may issue an order in | ||
contravention of either recommendation.
| ||
Section 125. Order; certified copy. An order or a | ||
certified copy thereof, over the seal of the Department and | ||
purporting to be signed by the Secretary, shall be prima facie | ||
proof: | ||
(a) that the signature is the genuine signature of the | ||
Secretary; |
(b) that the Secretary is duly appointed and qualified; and | ||
(c) that the Board and its members are qualified to act. | ||
Section 130. Restoration of suspended or revoked license. | ||
At any time after the successful completion of a term of | ||
suspension or revocation of a license, the Department may | ||
restore it to the licensee, upon the written recommendation of | ||
the Board, unless after an investigation and a hearing the | ||
Board determines that restoration is not in the public | ||
interest. | ||
Section 135. License surrender. Upon the revocation or | ||
suspension of any license, the licensee shall immediately | ||
surrender the license or licenses to the Department. If the | ||
licensee fails to do so, the Department has the right to seize | ||
the license or licenses. | ||
Section 140. Summary suspension. The Secretary may | ||
summarily suspend a license without a hearing, simultaneously | ||
with the institution of proceedings for a hearing provided for | ||
in this Act, if the Secretary finds that evidence in his or her | ||
possession indicates that a continuation in practice would | ||
constitute an imminent danger to the public. In the event that | ||
the Secretary summarily suspends a license without a hearing, a | ||
hearing by the Department must be held within 30 calendar days | ||
after the suspension has occurred. |
Section 145. Judicial review. All final administrative | ||
decisions of the Department are subject to judicial review | ||
under the Administrative Review Law and its rules. The term | ||
"administrative decision" is defined as in Section 3-101 of the | ||
Code of Civil Procedure. Proceedings for judicial review shall | ||
be commenced in the circuit court of the county in which the | ||
party applying for review resides; but if the party is not a | ||
resident of this State, the venue shall be in Sangamon County. | ||
Section 150. Certification of records. The Department | ||
shall not be required to certify any record to the Court or | ||
file any answer in court or otherwise appear in any court in a | ||
judicial review proceeding, unless there is filed in the court, | ||
with the complaint, a receipt from the Department acknowledging | ||
payment of the costs of furnishing and certifying the record. | ||
Failure on the part of the plaintiff to file such receipt in | ||
Court shall be grounds for dismissal of the action. | ||
Section 155. Violations; penalties. | ||
(a) A person who violates any of the following provisions | ||
shall be guilty of a Class A misdemeanor; a person who commits | ||
a second or subsequent violation of these provisions is guilty | ||
of a Class 4 felony: | ||
(1) The practice of or attempted practice of or holding | ||
out as available to practice as a community association |
manager without a license. | ||
(2) Operation of or attempt to operate a Community | ||
Association Management Agency without an agency license. | ||
(3) The obtaining of or the attempt to obtain any | ||
license or authorization issued under this Act by | ||
fraudulent misrepresentation. | ||
(b) Whenever a licensee is convicted of a felony related to | ||
the violations set forth in this Section, the clerk of the | ||
court in any jurisdiction shall promptly report the conviction | ||
to the Department and the Department shall immediately revoke | ||
any license as a community association manager held by that | ||
licensee. The individual shall not be eligible for licensure | ||
under this Act until at least 10 years have elapsed since the | ||
time of full discharge from any sentence imposed for a felony | ||
conviction. If any person in making any oath or affidavit | ||
required by this Act swears falsely, the person is guilty of | ||
perjury and may be punished accordingly. | ||
Section 160. Illinois Administrative Procedure Act. The | ||
Illinois Administrative Procedure Act is expressly adopted and | ||
incorporated in this Act as if all of the provisions of that | ||
Act were included in this Act, except that the provision of | ||
paragraph (d) of Section 10-65 of the Illinois Administrative | ||
Procedure Act, which provides that at hearings the license | ||
holder has the right to show compliance with all lawful | ||
requirements for retention, continuation or renewal of the |
certificate, is specifically excluded. For the purpose of this | ||
Act the notice required under Section 10-25 of the Illinois | ||
Administrative Procedure Act is deemed sufficient when mailed | ||
to the last known address of record maintained for a party by | ||
the Department. | ||
Section 165. Home rule. The regulation and licensing of | ||
community association managers and Community Association | ||
Management Agencies are exclusive powers and functions of the | ||
State. A home rule unit may not regulate or license community | ||
association managers and Community Association Management | ||
Agencies. This Section is a denial and limitation of home rule | ||
powers and functions under subsection (h) of Section 6 of | ||
Article VII of the Illinois Constitution. | ||
Section 170. Enforcement.
The licensure requirements of | ||
this Act shall not be enforced until 12 months after the | ||
adoption of final administrative rules for this Act.
| ||
Section 900. The Regulatory Sunset Act is amended by adding | ||
Section 4.30 as follows: | ||
(5 ILCS 80/4.30 new) | ||
Sec. 4.30. Act repealed on January 1, 2020. The following | ||
Act is repealed on January 1, 2020: | ||
The Community Association Manager Licensing and |
Disciplinary Act. | ||
Section 950. The State Finance Act is amended by adding | ||
Section 5.719 as follows: | ||
(30 ILCS 105/5.719 new) | ||
Sec. 5.719. The Community Association Manager Licensing | ||
and Disciplinary Fund. | ||
Section 999. Effective date. This Act takes effect July 1, | ||
2010. |