Bill Amendment: IL SB3897 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: IDFPR-VARIOUS LICENSES
Status: 2026-05-22 - Passed Both Houses [SB3897 Detail]
Download: Illinois-2025-SB3897-Senate_Amendment_001.html
Bill Title: IDFPR-VARIOUS LICENSES
Status: 2026-05-22 - Passed Both Houses [SB3897 Detail]
Download: Illinois-2025-SB3897-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 3897 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 3897 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
| 5 | changing Sections 4.37 and 4.42 as follows: | ||||||
| 6 | (5 ILCS 80/4.37) | ||||||
| 7 | Sec. 4.37. Acts and Articles repealed on January 1, 2027. | ||||||
| 8 | The following are repealed on January 1, 2027: | ||||||
| 9 | The Clinical Psychologist Licensing Act. | ||||||
| 10 | The Illinois Optometric Practice Act of 1987. | ||||||
| 11 | Articles II, III, IV, V, VI, VIIA, VIIC, XVII, XXXI, and | ||||||
| 12 | XXXI 1/4 of the Illinois Insurance Code. | ||||||
| 13 | The Boiler and Pressure Vessel Repairer Regulation Act. | ||||||
| 14 | The Marriage and Family Therapy Licensing Act. | ||||||
| 15 | The Boxing and Full-contact Martial Arts Act. | ||||||
| 16 | The Cemetery Oversight Act. | ||||||
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| |||||||
| 1 | The Community Association Manager Licensing and | ||||||
| 2 | Disciplinary Act. | ||||||
| 3 | The Detection of Deception Examiners Act. | ||||||
| 4 | The Home Inspector License Act. | ||||||
| 5 | The Massage Licensing Act. | ||||||
| 6 | The Medical Practice Act of 1987. | ||||||
| 7 | The Petroleum Equipment Contractors Licensing Act. | ||||||
| 8 | The Radiation Protection Act of 1990. | ||||||
| 9 | The Real Estate Appraiser Licensing Act of 2002. | ||||||
| 10 | The Registered Interior Designers Act. | ||||||
| 11 | The Landscape Architecture Registration Act. | ||||||
| 12 | The Water Well and Pump Installation Contractor's License | ||||||
| 13 | Act. | ||||||
| 14 | The Licensed Certified Professional Midwife Practice Act. | ||||||
| 15 | (Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21; | ||||||
| 16 | 102-437, eff. 8-20-21; 102-656, eff. 8-27-21; 102-683, eff. | ||||||
| 17 | 10-1-22; 102-813, eff. 5-13-22; 103-371, eff. 1-1-24; 103-823, | ||||||
| 18 | eff. 8-9-24.) | ||||||
| 19 | (5 ILCS 80/4.42) | ||||||
| 20 | Sec. 4.42. Acts repealed on January 1, 2032. The following | ||||||
| 21 | Acts are repealed on January 1, 2032: | ||||||
| 22 | The Collateral Recovery Act. | ||||||
| 23 | The Cemetery Oversight Act. | ||||||
| 24 | The Community Association Manager Licensing and | ||||||
| 25 | Disciplinary Act. | ||||||
| |||||||
| |||||||
| 1 | The Detection of Deception Examiners Act. | ||||||
| 2 | The Home Inspector License Act. | ||||||
| 3 | The Real Estate Appraiser Licensing Act of 2002. | ||||||
| 4 | The Registered Interior Designers Act. | ||||||
| 5 | The Landscape Architecture Registration Act. | ||||||
| 6 | (Source: P.A. 103-371, eff. 1-1-24.) | ||||||
| 7 | Section 10. The Auction License Act is amended by changing | ||||||
| 8 | Sections 5-10, 10-1, 10-30, 10-40, 10-45, 15-15, 15-25, 20-15, | ||||||
| 9 | 20-15.1, 20-16, 20-20, 20-30, 20-35, 20-40, 20-43, 20-55, | ||||||
| 10 | 20-56, 25-110, and 30-7 as follows: | ||||||
| 11 | (225 ILCS 407/5-10) | ||||||
| 12 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 13 | Sec. 5-10. Definitions. As used in this Act: | ||||||
| 14 | "Advertisement" means any written, oral, or electronic | ||||||
| 15 | communication that contains a promotion, inducement, or offer | ||||||
| 16 | to conduct an auction or offer to provide an auction service, | ||||||
| 17 | including but not limited to brochures, pamphlets, radio and | ||||||
| 18 | television scripts, telephone and direct mail solicitations, | ||||||
| 19 | electronic media, Internet online, and other means of | ||||||
| 20 | promotion. | ||||||
| 21 | "Advisory Board" or "Board" means the Auctioneer Advisory | ||||||
| 22 | Board. | ||||||
| 23 | "Auction" means the sale or lease of property, real or | ||||||
| 24 | personal, by means of exchanges between an auctioneer and | ||||||
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| 1 | prospective purchasers or lessees, which consists of a series | ||||||
| 2 | of invitations or bids for offers made by the auctioneer to | ||||||
| 3 | prospective purchasers or lessees for the purpose of obtaining | ||||||
| 4 | an acceptable offer for the sale or lease of property. via | ||||||
| 5 | mail, telecommunications, or the Internet online. | ||||||
| 6 | "Auction contract" means a written agreement between an | ||||||
| 7 | auctioneer or auction firm and a seller or sellers. | ||||||
| 8 | "Auction firm" means any corporation, partnership, or | ||||||
| 9 | limited liability company that acts as an auctioneer and | ||||||
| 10 | provides an auction service. | ||||||
| 11 | "Auction school" means any educational institution, public | ||||||
| 12 | or private, that offers a curriculum of auctioneer education | ||||||
| 13 | and training approved by the Department. | ||||||
| 14 | "Auction service" means the service of arranging, | ||||||
| 15 | managing, advertising, or conducting auctions. | ||||||
| 16 | "Auctioneer" means a person or entity who, for another, | ||||||
| 17 | for a fee, compensation, commission, or any other valuable | ||||||
| 18 | consideration at auction or with the intention or expectation | ||||||
| 19 | of receiving valuable consideration by the means of or process | ||||||
| 20 | of an auction or sale at auction or providing an auction | ||||||
| 21 | service, offers, negotiates, or attempts to negotiate an | ||||||
| 22 | auction contract, sale, purchase, or exchange of goods, | ||||||
| 23 | chattels, merchandise, personal property, real property, or | ||||||
| 24 | any commodity that may be lawfully kept or offered for sale by | ||||||
| 25 | or at auction. | ||||||
| 26 | "Address of record" means the designated address recorded | ||||||
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| 1 | by the Department in the applicant's or licensee's application | ||||||
| 2 | file or license file maintained by the Department. | ||||||
| 3 | "Buyer premium" means any fee or compensation paid by the | ||||||
| 4 | successful purchaser of property sold or leased at or by | ||||||
| 5 | auction, to the auctioneer, auction firms, seller, lessor, or | ||||||
| 6 | other party to the transaction, other than the purchase price. | ||||||
| 7 | "Department" means the Department of Financial and | ||||||
| 8 | Professional Regulation. | ||||||
| 9 | "Division" means the Division of Real Estate within the | ||||||
| 10 | Department. | ||||||
| 11 | "Email address of record" means the designated email | ||||||
| 12 | address recorded by the Department in the applicant's | ||||||
| 13 | application file or the licensee's license file maintained by | ||||||
| 14 | the Department's licensure maintenance unit. | ||||||
| 15 | "Estate sale" means a sale for liquidation of personal | ||||||
| 16 | property of an estate owned by one or more individuals, | ||||||
| 17 | families, or legal representatives of the estate that is | ||||||
| 18 | advertised and scheduled for a predetermined amount of time | ||||||
| 19 | and to which the public is invited to participate in a | ||||||
| 20 | negotiation or bid for the purchase of the personal property. | ||||||
| 21 | "Estate sale service" means the performance of an auction | ||||||
| 22 | service for the owners of personal property to be sold at an | ||||||
| 23 | estate sale, where an auctioneer undertakes the responsibility | ||||||
| 24 | of conducting the sale. "Estate sale service" does not include | ||||||
| 25 | the sale of real property. | ||||||
| 26 | "Goods" means chattels, movable goods, merchandise, or | ||||||
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| 1 | personal property or commodities of any form or type that may | ||||||
| 2 | be lawfully kept or offered for sale. | ||||||
| 3 | "Interactive computer service" means any information | ||||||
| 4 | service, system, or access software provider that provides or | ||||||
| 5 | enables computer access by multiple users to a computer | ||||||
| 6 | server, including specifically a service or system that | ||||||
| 7 | provides access to the Internet. | ||||||
| 8 | "Internet auction listing service" means a website on the | ||||||
| 9 | Internet, or other interactive computer service, that is | ||||||
| 10 | designed to allow or advertise as a means of allowing users to | ||||||
| 11 | offer personal property or services for sale or lease to a | ||||||
| 12 | prospective buyer or lessee through an online bid submission | ||||||
| 13 | process using that website or interactive computer service and | ||||||
| 14 | that does not examine, set the price, prepare the description | ||||||
| 15 | of the personal property or service to be offered, or in any | ||||||
| 16 | way utilize the services of a natural person as an auctioneer. | ||||||
| 17 | "Licensee" means any person licensed under this Act. | ||||||
| 18 | "Managing auctioneer" means any person licensed as an | ||||||
| 19 | auctioneer who manages and supervises an auction firm | ||||||
| 20 | licensees. | ||||||
| 21 | "Online auction" means an auction or auction service | ||||||
| 22 | conducted by an auctioneer via a website on the Internet, an | ||||||
| 23 | application, an interactive computer service, or other similar | ||||||
| 24 | media. | ||||||
| 25 | "Person" means an individual, association, partnership, | ||||||
| 26 | corporation, or limited liability company, or auction firm or | ||||||
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| 1 | the officers, directors, or employees of the same. | ||||||
| 2 | "Pre-renewal period" means the 24 months prior to the | ||||||
| 3 | expiration date of a license issued under this Act. | ||||||
| 4 | "Real estate" means real estate as defined in Section 1-10 | ||||||
| 5 | of the Real Estate License Act of 2000 or its successor Acts. | ||||||
| 6 | "Secretary" means the Secretary of Financial and | ||||||
| 7 | Professional Regulation or the Secretary's his or her | ||||||
| 8 | designee. | ||||||
| 9 | (Source: P.A. 104-145, eff. 1-1-26.) | ||||||
| 10 | (225 ILCS 407/10-1) | ||||||
| 11 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 12 | Sec. 10-1. Necessity of license; exemptions. | ||||||
| 13 | (a) It is unlawful for any person, corporation, limited | ||||||
| 14 | liability company, partnership, or other entity to conduct an | ||||||
| 15 | auction, provide an auction service, hold oneself himself or | ||||||
| 16 | herself out as an auctioneer, or advertise his or her services | ||||||
| 17 | as an auctioneer in the State of Illinois without a license | ||||||
| 18 | issued by the Department under this Act, except at: | ||||||
| 19 | (1) an auction conducted solely by or for a | ||||||
| 20 | not-for-profit organization for charitable purposes in | ||||||
| 21 | which the individual receives no compensation; | ||||||
| 22 | (2) an auction conducted by the owner of the property, | ||||||
| 23 | real or personal; | ||||||
| 24 | (3) an auction for the sale or lease of real property | ||||||
| 25 | conducted by a licensee under the Real Estate License Act, | ||||||
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| 1 | or its successor Acts, in accordance with the terms of | ||||||
| 2 | that Act; | ||||||
| 3 | (4) an auction conducted by a business registered as a | ||||||
| 4 | market agency under the federal Packers and Stockyards Act | ||||||
| 5 | (7 U.S.C. 181 et seq.) or under the Livestock Auction | ||||||
| 6 | Market Law; | ||||||
| 7 | (5) an auction conducted by an agent, officer, or | ||||||
| 8 | employee of a federal agency in the conduct of the | ||||||
| 9 | agent's, officer's, or employee's his or her official | ||||||
| 10 | duties; and | ||||||
| 11 | (6) an auction conducted by an agent, officer, or | ||||||
| 12 | employee of the State government or any political | ||||||
| 13 | subdivision thereof performing his or her official duties. | ||||||
| 14 | (b) Nothing in this Act shall be construed to apply to a | ||||||
| 15 | new or used vehicle dealer or a vehicle auctioneer licensed by | ||||||
| 16 | the Secretary of State of Illinois, or to any employee of the | ||||||
| 17 | licensee, who is a resident of the State of Illinois, while the | ||||||
| 18 | employee is acting in the regular scope of his or her | ||||||
| 19 | employment for the licensee while conducting an auction that | ||||||
| 20 | is not open to the public, provided that only new or used | ||||||
| 21 | vehicle dealers, rebuilders, automotive parts recyclers, or | ||||||
| 22 | scrap processors licensed by the Secretary of State or | ||||||
| 23 | licensed by another state or jurisdiction may buy property at | ||||||
| 24 | the auction, or to sales by or through the licensee. | ||||||
| 25 | Out-of-state salvage vehicle buyers licensed in another state | ||||||
| 26 | or jurisdiction may also buy property at the auction. | ||||||
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| 1 | (c) Nothing in this Act shall be construed to prohibit a | ||||||
| 2 | person under the age of 18 from selling property under $250 in | ||||||
| 3 | value while under the direct supervision of a licensed | ||||||
| 4 | auctioneer. | ||||||
| 5 | (d) Nothing in this Act shall be construed to apply to a | ||||||
| 6 | person providing an Internet auction listing service as | ||||||
| 7 | defined in Section 5-10. | ||||||
| 8 | (e) Nothing in this Act shall be construed to apply to a | ||||||
| 9 | third-party reseller of personal property where owners or | ||||||
| 10 | representatives of an estate have transferred ownership of the | ||||||
| 11 | property to the reseller to be sold anonymously. A third-party | ||||||
| 12 | reseller may include, but is not limited to, a retail seller, a | ||||||
| 13 | consignment seller, or a distributor who does not conduct an | ||||||
| 14 | estate sale. | ||||||
| 15 | (f) Nothing in this Section shall be construed to apply to | ||||||
| 16 | any person as a receiver, trustee in bankruptcy, guardian, | ||||||
| 17 | administrator, or executor; any such person acting under an | ||||||
| 18 | order of any court, under the direction of any public | ||||||
| 19 | authority, or pursuant to any judicial decree; or any such | ||||||
| 20 | person acting pursuant to a trust agreement, deed of trust, or | ||||||
| 21 | will. | ||||||
| 22 | (g) The licensing of auction firms required under this Act | ||||||
| 23 | does not apply to an entity whose ownership structure consists | ||||||
| 24 | of one licensed auctioneer operating either (i) a sole | ||||||
| 25 | proprietorship, a single member limited liability company, or | ||||||
| 26 | a single shareholder corporation, or (ii) a limited liability | ||||||
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| 1 | company, corporation, or partnership co-owned solely with the | ||||||
| 2 | auctioneer's unlicensed spouse. The auctioneer owner or | ||||||
| 3 | operator must be the only licensee performing auctions on the | ||||||
| 4 | entity's behalf and shall comply with all other provisions of | ||||||
| 5 | this Act. | ||||||
| 6 | (Source: P.A. 104-145, eff. 1-1-26.) | ||||||
| 7 | (225 ILCS 407/10-30) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 9 | Sec. 10-30. Renewal Expiration, renewal, and continuing | ||||||
| 10 | education. | ||||||
| 11 | (a) License expiration dates, renewal periods, renewal | ||||||
| 12 | fees, and procedures for renewal of licenses issued under this | ||||||
| 13 | Act shall be set by rule of the Department. The holder of a | ||||||
| 14 | license under this Act may renew the license within 90 days | ||||||
| 15 | preceding the license's expiration date by completing and | ||||||
| 16 | submitting to the Department a renewal application in a manner | ||||||
| 17 | prescribed by the Department and paying the required fees. An | ||||||
| 18 | entity may renew its license by paying the required fee and by | ||||||
| 19 | meeting the renewal requirements adopted by the Department | ||||||
| 20 | under this Section. | ||||||
| 21 | (b) All individual renewal applicants must provide proof | ||||||
| 22 | as determined by the Department of having met the continuing | ||||||
| 23 | education requirements by the deadline set forth by the | ||||||
| 24 | Department by rule. At a minimum, the rules shall require an | ||||||
| 25 | applicant for renewal licensure as an auctioneer to provide | ||||||
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| 1 | proof of the completion of at least 12 hours of continuing | ||||||
| 2 | education during the pre-renewal period established by the | ||||||
| 3 | Department for completion of continuing education from schools | ||||||
| 4 | approved by the Department, as established by rule. | ||||||
| 5 | (c) (Blank). The Department, in its discretion, may waive | ||||||
| 6 | enforcement of the continuing education requirements of this | ||||||
| 7 | Section and shall adopt rules defining the standards and | ||||||
| 8 | criteria for such waiver. | ||||||
| 9 | (c-5) The expiration date and renewal period for an | ||||||
| 10 | auction firm shall be set by rule. An auction firm whose | ||||||
| 11 | license under this Act has expired may renew the license for a | ||||||
| 12 | period of 2 years following the expiration date by complying | ||||||
| 13 | with the requirements of this Section and paying any late | ||||||
| 14 | penalties established by rule. | ||||||
| 15 | (d) (Blank). | ||||||
| 16 | (e) The Department shall not issue or renew a license if | ||||||
| 17 | the applicant or licensee has an unpaid fine or fee from a | ||||||
| 18 | disciplinary matter or from a non-disciplinary action imposed | ||||||
| 19 | by the Department until the fine or fee is paid to the | ||||||
| 20 | Department or the applicant or licensee has entered into a | ||||||
| 21 | payment plan and is current on the required payments. | ||||||
| 22 | (f) The Department shall not issue or renew a license if | ||||||
| 23 | the applicant or licensee has an unpaid fine or civil penalty | ||||||
| 24 | imposed by the Department for unlicensed practice until the | ||||||
| 25 | fine or civil penalty is paid to the Department or the | ||||||
| 26 | applicant or licensee has entered into a payment plan and is | ||||||
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| 1 | current on the required payments. | ||||||
| 2 | (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.) | ||||||
| 3 | (225 ILCS 407/10-40) | ||||||
| 4 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 5 | Sec. 10-40. Expiration, renewal, and restoration | ||||||
| 6 | Restoration. | ||||||
| 7 | (a) An auctioneer A licensee whose license has lapsed or | ||||||
| 8 | expired shall have 2 years from the expiration date to renew | ||||||
| 9 | the license restore licensure without examination. The expired | ||||||
| 10 | licensee shall complete an make application to the Department | ||||||
| 11 | on forms provided by the Department, provide evidence of | ||||||
| 12 | successful completion of all 12 hours of approved continuing | ||||||
| 13 | education during the period of time the license had lapsed, | ||||||
| 14 | and pay all fees and penalties as established by rule. | ||||||
| 15 | (a-5) An auctioneer whose license has lapsed or expired | ||||||
| 16 | for more than 2 years but less than 5 years may restore the | ||||||
| 17 | license without examination by (i) applying to the Department, | ||||||
| 18 | (ii) providing evidence of the licensee's successful | ||||||
| 19 | completion of all hours of approved continuing education | ||||||
| 20 | during the lapsed periods prior to the date of the | ||||||
| 21 | application, (iii) paying the required fees, and (iv) | ||||||
| 22 | satisfying any other requirements as established by rule. An | ||||||
| 23 | auctioneer whose license has been expired for more than 5 | ||||||
| 24 | years shall be required to meet the requirements of a new | ||||||
| 25 | license. | ||||||
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| 1 | (b) Notwithstanding any other provisions of this Act to | ||||||
| 2 | the contrary, any auctioneer licensee whose license under this | ||||||
| 3 | Act has expired is eligible to renew or restore such license | ||||||
| 4 | without paying any lapsed fees and penalties if the license | ||||||
| 5 | expired while the auctioneer licensee was: | ||||||
| 6 | (1) on active duty with the United States Army, United | ||||||
| 7 | States Marine Corps, United States Navy, United States Air | ||||||
| 8 | Force, United States Coast Guard, the State Militia called | ||||||
| 9 | into service or training; | ||||||
| 10 | (2) engaged in training or education under the | ||||||
| 11 | supervision of the United States prior to induction into | ||||||
| 12 | military service; or | ||||||
| 13 | (3) serving as an employee of the Department, while | ||||||
| 14 | the employee was required to surrender the license. | ||||||
| 15 | An auctioneer A licensee shall also be eligible to renew | ||||||
| 16 | restore a license under paragraphs (1), (2), and (3) without | ||||||
| 17 | completing the continuing education requirements for that | ||||||
| 18 | licensure period. For a period of 2 years following the | ||||||
| 19 | termination of the service or education if the termination was | ||||||
| 20 | by other than dishonorable discharge and the licensee | ||||||
| 21 | furnishes the Department with an affidavit specifying that the | ||||||
| 22 | licensee has been so engaged. | ||||||
| 23 | (c) At any time after the suspension, revocation, | ||||||
| 24 | placement on probationary status, or other disciplinary action | ||||||
| 25 | taken under this Act with reference to any license, the | ||||||
| 26 | Department may restore the license to the licensee without | ||||||
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| 1 | examination upon the order of the Secretary, if the licensee | ||||||
| 2 | submits a properly completed application, pays the appropriate | ||||||
| 3 | fees, and otherwise complies with the conditions of the order. | ||||||
| 4 | (d) An auctioneer who notifies the Department, in a manner | ||||||
| 5 | prescribed by the Department, may place a license on inactive | ||||||
| 6 | status for a period not to exceed 2 years and shall be excused | ||||||
| 7 | from the payment of renewal fees until the auctioneer notifies | ||||||
| 8 | the Department in writing of auctioneer's intention to resume | ||||||
| 9 | active practice. | ||||||
| 10 | (e) An auctioneer requesting that a license be changed | ||||||
| 11 | from inactive to active status shall be required to pay the | ||||||
| 12 | current renewal fee and shall also demonstrate compliance with | ||||||
| 13 | the continuing education requirements. | ||||||
| 14 | (f) No licensee with a non-renewed or inactive license | ||||||
| 15 | status shall provide auction services as set forth in this | ||||||
| 16 | Act. | ||||||
| 17 | (Source: P.A. 103-236, eff. 1-1-24.) | ||||||
| 18 | (225 ILCS 407/10-45) | ||||||
| 19 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 20 | Sec. 10-45. Nonresident auctioneer reciprocity. | ||||||
| 21 | (a) An individual A person holding a license to engage in | ||||||
| 22 | auctions issued to the individual him or her by the proper | ||||||
| 23 | authority of a state, territory, or possession of the United | ||||||
| 24 | States of America or the District of Columbia that has | ||||||
| 25 | licensing requirements equal to or substantially equivalent to | ||||||
| |||||||
| |||||||
| 1 | the requirements of this State and that otherwise meets the | ||||||
| 2 | requirements of this Act may obtain a license under this Act | ||||||
| 3 | without examination if: | ||||||
| 4 | (1) the Department has entered into a valid reciprocal | ||||||
| 5 | agreement with the proper authority of the state, | ||||||
| 6 | territory, or possession of the United States of America | ||||||
| 7 | or the District of Columbia from which the nonresident | ||||||
| 8 | applicant has a valid license; | ||||||
| 9 | (2) the applicant provides the Department with a | ||||||
| 10 | certificate of good standing from the applicant's state of | ||||||
| 11 | licensure; | ||||||
| 12 | (3) the applicant completes and submits an application | ||||||
| 13 | as provided by the Department; and | ||||||
| 14 | (4) the applicant pays all applicable fees required | ||||||
| 15 | under this Act. | ||||||
| 16 | (b) A nonresident applicant shall file an irrevocable | ||||||
| 17 | consent with the Department that actions may be commenced | ||||||
| 18 | against the applicant or nonresident licensee in a court of | ||||||
| 19 | competent jurisdiction in this State by the service of | ||||||
| 20 | summons, process, or other pleading authorized by the law upon | ||||||
| 21 | the Secretary. The consent shall stipulate and agree that | ||||||
| 22 | service of the process, summons, or pleading upon the | ||||||
| 23 | Secretary shall be taken and held in all courts to be valid and | ||||||
| 24 | binding as if actual service had been made upon the applicant | ||||||
| 25 | in Illinois. If a summons, process, or other pleading is | ||||||
| 26 | served upon the Secretary, it shall be by duplicate copies, | ||||||
| |||||||
| |||||||
| 1 | one of which shall be retained by the Department and the other | ||||||
| 2 | immediately forwarded by certified or registered mail or email | ||||||
| 3 | to the last known business address or email address of record | ||||||
| 4 | of the applicant or nonresident licensee against whom the | ||||||
| 5 | summons, process, or other pleading may be directed. | ||||||
| 6 | (Source: P.A. 101-345, eff. 8-9-19.) | ||||||
| 7 | (225 ILCS 407/15-15) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 9 | Sec. 15-15. Supervisory duties. The auction firm and | ||||||
| 10 | managing auctioneer shall have the duty and responsibility to | ||||||
| 11 | supervise and , manage, and control any sponsored licensee, | ||||||
| 12 | agent, or employee, or representative of the auction firm that | ||||||
| 13 | conducts auctions while conducting an auction or provides | ||||||
| 14 | providing an auction services service. Any violation of this | ||||||
| 15 | Act by a licensee, agent, or employee of an auction firm or | ||||||
| 16 | managing auctioneer shall be deemed to be a violation by the | ||||||
| 17 | auction firm or managing auctioneer as well as by the | ||||||
| 18 | licensee, agent, or employee. | ||||||
| 19 | (Source: P.A. 101-345, eff. 8-9-19.) | ||||||
| 20 | (225 ILCS 407/15-25) | ||||||
| 21 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 22 | Sec. 15-25. Auction firm. No corporation, limited | ||||||
| 23 | liability company, or partnership shall be licensed as an | ||||||
| 24 | auction firm without being managed by a licensed auctioneer. | ||||||
| |||||||
| |||||||
| 1 | The auction firm and managing auctioneer of the any auction | ||||||
| 2 | firm shall be responsible for the actions of all licensed and | ||||||
| 3 | unlicensed employees, agents, and representatives of said | ||||||
| 4 | auction firm while the firm conducts auctions is conducting an | ||||||
| 5 | auction or provides providing an auction services service. | ||||||
| 6 | (Source: P.A. 91-603, eff. 1-1-00.) | ||||||
| 7 | (225 ILCS 407/20-15) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 9 | Sec. 20-15. Disciplinary actions; grounds. The Department | ||||||
| 10 | may refuse to issue or renew a license, may place on probation | ||||||
| 11 | or administrative supervision, suspend, or revoke any license | ||||||
| 12 | or may reprimand or take other disciplinary or | ||||||
| 13 | non-disciplinary action as the Department may deem proper, | ||||||
| 14 | including the imposition of fines not to exceed $10,000 for | ||||||
| 15 | each violation upon any licensee or applicant under this Act | ||||||
| 16 | or any person or entity who holds oneself out as an applicant | ||||||
| 17 | or licensee for any of the following reasons: | ||||||
| 18 | (1) False or fraudulent representation or material | ||||||
| 19 | misstatement in furnishing information to the Department | ||||||
| 20 | in obtaining or seeking to obtain a license. | ||||||
| 21 | (2) Violation of any provision of this Act or the | ||||||
| 22 | rules adopted under this Act. | ||||||
| 23 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
| 24 | contendere, as set forth in subsection (c) of Section | ||||||
| 25 | 10-5, to any crime that is a felony or misdemeanor under | ||||||
| |||||||
| |||||||
| 1 | the laws of the United States or any state or territory | ||||||
| 2 | thereof, or entry of an administrative sanction by a | ||||||
| 3 | governmental government agency in this State or any other | ||||||
| 4 | jurisdiction. | ||||||
| 5 | (3.5) Failing to notify the Department, within 30 days | ||||||
| 6 | after the occurrence, of the information required in | ||||||
| 7 | subsection (c) of Section 10-5. | ||||||
| 8 | (4) Being adjudged to be a person under legal | ||||||
| 9 | disability or subject to involuntary admission or to meet | ||||||
| 10 | the standard for judicial admission as provided in the | ||||||
| 11 | Mental Health and Developmental Disabilities Code. | ||||||
| 12 | (5) Discipline of a licensee by another state, the | ||||||
| 13 | District of Columbia, a territory of the United States, a | ||||||
| 14 | foreign nation, a governmental agency, or any other entity | ||||||
| 15 | authorized to impose discipline if at least one of the | ||||||
| 16 | grounds for that discipline is the same as or equivalent | ||||||
| 17 | to one of the grounds for discipline set forth in this Act | ||||||
| 18 | or for failing to report to the Department, within 30 | ||||||
| 19 | days, any adverse final action taken against the licensee | ||||||
| 20 | by any other licensing jurisdiction, governmental | ||||||
| 21 | government agency, law enforcement agency, or court, or | ||||||
| 22 | liability for conduct that would constitute grounds for | ||||||
| 23 | action as set forth in this Act. | ||||||
| 24 | (6) Engaging in the practice of auctioneering, | ||||||
| 25 | conducting an auction, or providing an auction service | ||||||
| 26 | without a license or after the license was expired, | ||||||
| |||||||
| |||||||
| 1 | revoked, suspended, or terminated or while the license was | ||||||
| 2 | inoperative. | ||||||
| 3 | (7) Attempting to subvert or cheat on the auctioneer | ||||||
| 4 | exam or any continuing education exam, or aiding or | ||||||
| 5 | abetting another to do the same. | ||||||
| 6 | (8) Directly or indirectly giving to or receiving from | ||||||
| 7 | a person, firm, corporation, partnership, or association a | ||||||
| 8 | fee, commission, rebate, or other form of compensation for | ||||||
| 9 | professional service not actually or personally rendered, | ||||||
| 10 | except that an auctioneer licensed under this Act may | ||||||
| 11 | receive a fee from another licensed auctioneer from this | ||||||
| 12 | State or jurisdiction for the referring of a client or | ||||||
| 13 | prospect for auction services to the licensed auctioneer. | ||||||
| 14 | (9) Making any substantial misrepresentation or | ||||||
| 15 | untruthful advertising. | ||||||
| 16 | (10) Making any false promises of a character likely | ||||||
| 17 | to influence, persuade, or induce. | ||||||
| 18 | (11) Pursuing a continued and flagrant course of | ||||||
| 19 | misrepresentation or the making of false promises through | ||||||
| 20 | a licensee, agent, employee, advertising, or otherwise. | ||||||
| 21 | (12) Any misleading or untruthful advertising, or | ||||||
| 22 | using any trade name or insignia of membership in any | ||||||
| 23 | auctioneer association or organization of which the | ||||||
| 24 | licensee is not a member. | ||||||
| 25 | (13) Commingling funds of others with the licensee's | ||||||
| 26 | own funds or failing to keep the funds of others in an | ||||||
| |||||||
| |||||||
| 1 | escrow or trustee account. | ||||||
| 2 | (14) Failure to account for, remit, or return any | ||||||
| 3 | moneys, property, or documents coming into the licensee's | ||||||
| 4 | possession that belong to others, acquired through the | ||||||
| 5 | practice of auctioneering, conducting an auction, or | ||||||
| 6 | providing an auction service within 30 days of the written | ||||||
| 7 | request from the owner of said moneys, property, or | ||||||
| 8 | documents. | ||||||
| 9 | (15) Failure to maintain and deposit into a special | ||||||
| 10 | account, separate and apart from any personal or other | ||||||
| 11 | business accounts, all moneys belonging to others | ||||||
| 12 | entrusted to a licensee while acting as an auctioneer, | ||||||
| 13 | auction firm, or as a temporary custodian of the funds of | ||||||
| 14 | others. | ||||||
| 15 | (16) Failure to make available to Department personnel | ||||||
| 16 | during normal business hours all escrow and trustee | ||||||
| 17 | records and related documents maintained in connection | ||||||
| 18 | with the practice of auctioneering, conducting an auction, | ||||||
| 19 | or providing an auction service within 24 hours after a | ||||||
| 20 | request from Department personnel. | ||||||
| 21 | (17) Making or filing false records or reports in the | ||||||
| 22 | licensee's practice, including, but not limited to, false | ||||||
| 23 | records or reports filed with State agencies. | ||||||
| 24 | (18) Failing to voluntarily furnish copies of all | ||||||
| 25 | written instruments or executed documents prepared by the | ||||||
| 26 | auctioneer and signed by all parties to all parties at the | ||||||
| |||||||
| |||||||
| 1 | time of execution. | ||||||
| 2 | (19) Failing to provide information within 30 days in | ||||||
| 3 | response to a written request made by the Department. | ||||||
| 4 | (20) Engaging in any act that constitutes a violation | ||||||
| 5 | of the Illinois Human Rights Act. | ||||||
| 6 | (21) (Blank). | ||||||
| 7 | (22) Engaging in dishonorable, unethical, or | ||||||
| 8 | unprofessional conduct of a character likely to deceive, | ||||||
| 9 | defraud, or harm the public. | ||||||
| 10 | (23) Offering or advertising real estate for sale or | ||||||
| 11 | lease at auction without a valid broker or managing | ||||||
| 12 | broker's license under the Real Estate License Act of | ||||||
| 13 | 1983, or any successor Act, unless exempt from licensure | ||||||
| 14 | under the terms of the Real Estate License Act of 2000, or | ||||||
| 15 | any successor Act, except as provided in Section 5-32 of | ||||||
| 16 | the Real Estate License Act of 2000. | ||||||
| 17 | (24) Inability to practice the profession with | ||||||
| 18 | reasonable judgment, skill, or safety as a result of a | ||||||
| 19 | physical illness, mental illness, or disability. | ||||||
| 20 | (25) A pattern of practice or other behavior that | ||||||
| 21 | demonstrates incapacity or incompetence to practice under | ||||||
| 22 | this Act. | ||||||
| 23 | (26) Being named as a perpetrator in an indicated | ||||||
| 24 | report by the Department of Children and Family Services | ||||||
| 25 | under the Abused and Neglected Child Reporting Act and | ||||||
| 26 | upon proof by clear and convincing evidence that the | ||||||
| |||||||
| |||||||
| 1 | licensee has caused a child to be an abused child or a | ||||||
| 2 | neglected child as defined in the Abused and Neglected | ||||||
| 3 | Child Reporting Act. | ||||||
| 4 | (27) Inability to practice with reasonable judgment, | ||||||
| 5 | skill, or safety as a result of habitual or excessive use | ||||||
| 6 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
| 7 | other chemical agent or drug, which may result in | ||||||
| 8 | significant harm to the public. | ||||||
| 9 | (28) (Blank). Willfully failing to report an instance | ||||||
| 10 | of suspected child abuse or neglect as required by the | ||||||
| 11 | Abused and Neglected Child Reporting Act. | ||||||
| 12 | (29) Violating the terms of any order issued by the | ||||||
| 13 | Department. | ||||||
| 14 | (Source: P.A. 103-236, eff. 1-1-24; 104-417, eff. 8-15-25.) | ||||||
| 15 | (225 ILCS 407/20-15.1) | ||||||
| 16 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 17 | Sec. 20-15.1. Citations. | ||||||
| 18 | (a) The Department may adopt rules to permit the issuance | ||||||
| 19 | of citations to any licensee for failure to comply with the | ||||||
| 20 | continuing education requirements set forth in this Act or as | ||||||
| 21 | established by rule. The citation shall be issued to the | ||||||
| 22 | licensee and shall contain the licensee's name and address, | ||||||
| 23 | the licensee's license number, the number of required hours of | ||||||
| 24 | continuing education that have not been successfully completed | ||||||
| 25 | on or before by the licensee's licensee within the renewal | ||||||
| |||||||
| |||||||
| 1 | deadline period, and the penalty imposed, which shall not | ||||||
| 2 | exceed $2,000. The issuance of any such citation shall not | ||||||
| 3 | excuse the licensee from completing all continuing education | ||||||
| 4 | required for that term of licensure renewal period. | ||||||
| 5 | (b) Service of a citation shall be made in person, | ||||||
| 6 | electronically, or by mail to the licensee at the licensee's | ||||||
| 7 | address of record or email address of record, and must clearly | ||||||
| 8 | state that if the cited licensee wishes to dispute the | ||||||
| 9 | citation, they may make a written request, within 30 days | ||||||
| 10 | after the citation is served, for a hearing before the | ||||||
| 11 | Department. If the cited licensee does not request a hearing | ||||||
| 12 | within 30 days after the citation is served, then the citation | ||||||
| 13 | shall become a final, non-disciplinary order shall be entered, | ||||||
| 14 | and any fine imposed is due and payable within 30 60 days after | ||||||
| 15 | the entry of that final order. If the cited licensee requests a | ||||||
| 16 | hearing within 30 days after the citation is served, the | ||||||
| 17 | Department shall afford the cited licensee a hearing conducted | ||||||
| 18 | in the same manner as a hearing provided for in this Act for | ||||||
| 19 | any violation of this Act and shall determine whether the | ||||||
| 20 | cited licensee committed the violation as charged and whether | ||||||
| 21 | the fine as levied is warranted. If the violation is found, any | ||||||
| 22 | fine shall constitute non-public discipline and be due and | ||||||
| 23 | payable within 30 days after the order of the Secretary, which | ||||||
| 24 | shall constitute a final order of the Department. No change in | ||||||
| 25 | license status may be made by the Department until a final | ||||||
| 26 | order of the Department has been issued. | ||||||
| |||||||
| |||||||
| 1 | (c) Payment of a fine that has been assessed pursuant to | ||||||
| 2 | this Section shall not constitute disciplinary action | ||||||
| 3 | reportable on the Department's website or elsewhere unless a | ||||||
| 4 | licensee has previously received 2 or more citations and been | ||||||
| 5 | assessed 2 or more fines. | ||||||
| 6 | (d) Nothing in this Section shall prohibit or limit the | ||||||
| 7 | Department from taking further action pursuant to this Act and | ||||||
| 8 | rules for additional, repeated, or continuing violations. | ||||||
| 9 | (Source: P.A. 102-970, eff. 5-27-22.) | ||||||
| 10 | (225 ILCS 407/20-16) | ||||||
| 11 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 12 | Sec. 20-16. Illegal discrimination. | ||||||
| 13 | (a) When there has been an adjudication in a civil or | ||||||
| 14 | criminal proceeding that a licensee has illegally | ||||||
| 15 | discriminated while engaged in any activity for which a | ||||||
| 16 | license is required under this Act, the Department, following | ||||||
| 17 | the provision of notice to the licensee and a hearing | ||||||
| 18 | conducted in accordance with Section 20-43 and upon the | ||||||
| 19 | recommendation of the Board as to the nature and extent of the | ||||||
| 20 | suspension or revocation, shall, in accordance with Section | ||||||
| 21 | 20-50, suspend or revoke the license of that licensee in a | ||||||
| 22 | timely manner, unless the adjudication is in the appeal | ||||||
| 23 | process. The finding or judgment of the civil or criminal | ||||||
| 24 | proceeding is a matter of record and the merits of the finding | ||||||
| 25 | or judgment shall not be challenged in a request for a hearing | ||||||
| |||||||
| |||||||
| 1 | by the licensee. | ||||||
| 2 | (b) When there has been an order in an administrative | ||||||
| 3 | proceeding finding that a licensee has illegally discriminated | ||||||
| 4 | while engaged in any activity for which a license is required | ||||||
| 5 | under this Act, the Department, following the provision of | ||||||
| 6 | notice to the licensee and a hearing conducted in accordance | ||||||
| 7 | with Section 20-43 and upon recommendation of the Board as to | ||||||
| 8 | the nature and extent of the discipline, shall, in accordance | ||||||
| 9 | with Section 20-64, take one or more of the disciplinary | ||||||
| 10 | actions provided for in this Act Section 20-15 in a timely | ||||||
| 11 | manner, unless the administrative order is in the appeal | ||||||
| 12 | process. The finding of the administrative order is a matter | ||||||
| 13 | of record and the merits of the administrative order shall not | ||||||
| 14 | be challenged in a request for a hearing by the licensee. | ||||||
| 15 | (Source: P.A. 102-970, eff. 5-27-22.) | ||||||
| 16 | (225 ILCS 407/20-20) | ||||||
| 17 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 18 | Sec. 20-20. Suspension Termination without hearing for | ||||||
| 19 | failure to pay taxes, or child support, or workers | ||||||
| 20 | compensation obligations. The Department may suspend terminate | ||||||
| 21 | or otherwise deny discipline any license issued under this Act | ||||||
| 22 | without hearing if the following appropriate administering | ||||||
| 23 | agency provides adequate information and proof that the | ||||||
| 24 | licensee has: | ||||||
| 25 | (1) failed to file a return, to pay the tax, penalty, | ||||||
| |||||||
| |||||||
| 1 | or interest shown in a filed return, or to pay any final | ||||||
| 2 | assessment of tax, penalty, or interest, as required by | ||||||
| 3 | any tax act administered by the Illinois Department of | ||||||
| 4 | Revenue until the requirements of the tax act are | ||||||
| 5 | satisfied; | ||||||
| 6 | (2) failed to pay any court ordered child support as | ||||||
| 7 | determined by a court order or by referral from the | ||||||
| 8 | Department of Healthcare and Family Services (formerly | ||||||
| 9 | Illinois Department of Public Aid); or | ||||||
| 10 | (3) (blank); or . | ||||||
| 11 | (4) failed to pay or secure workers compensation | ||||||
| 12 | obligations as determined by and based solely upon the | ||||||
| 13 | certification of the Department of Insurance or the | ||||||
| 14 | Illinois Workers' Compensation Commission. | ||||||
| 15 | If a license is suspended terminated or otherwise denied | ||||||
| 16 | disciplined pursuant to this Section, the licensee may request | ||||||
| 17 | a hearing conducted pursuant to the Civil Administrative Code | ||||||
| 18 | of Illinois as provided by this Act within 30 days of notice of | ||||||
| 19 | termination or discipline. The Department may issue a license | ||||||
| 20 | or lift the suspension of a license if satisfactory repayment | ||||||
| 21 | or obligation is determined by the respective State agency. | ||||||
| 22 | (Source: P.A. 100-872, eff. 8-14-18.) | ||||||
| 23 | (225 ILCS 407/20-30) | ||||||
| 24 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 25 | Sec. 20-30. Consent orders. Notwithstanding any provisions | ||||||
| |||||||
| |||||||
| 1 | concerning the conduct of hearings and recommendations for | ||||||
| 2 | disciplinary actions, the Department has the authority to | ||||||
| 3 | negotiate agreements with licensees and applicants resulting | ||||||
| 4 | in disciplinary consent orders. The consent orders may provide | ||||||
| 5 | for any form of discipline provided for in this Act. The | ||||||
| 6 | consent orders shall provide that they were not entered into | ||||||
| 7 | as a result of any coercion by the Department. Any consent | ||||||
| 8 | order shall be accepted by or rejected by the Secretary or | ||||||
| 9 | designee in a timely manner. | ||||||
| 10 | (Source: P.A. 95-572, eff. 6-1-08.) | ||||||
| 11 | (225 ILCS 407/20-35) | ||||||
| 12 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 13 | Sec. 20-35. Subpoenas; attendance of witnesses; oaths. | ||||||
| 14 | (a) The Department shall have the power to issue subpoenas | ||||||
| 15 | ad testificandum (subpoena for documents) and to bring before | ||||||
| 16 | it any persons and to take testimony, either orally or by | ||||||
| 17 | deposition or both, with the same fees and mileage and in the | ||||||
| 18 | same manner as prescribed in civil cases in the courts of this | ||||||
| 19 | State. The Department shall have the power to issue subpoenas | ||||||
| 20 | duces tecum and to bring before it any documents, papers, | ||||||
| 21 | files, books, and records with the same costs and in the same | ||||||
| 22 | manner as prescribed in civil cases in the courts of this | ||||||
| 23 | State. | ||||||
| 24 | (b) Any circuit court may, upon application of the | ||||||
| 25 | Department or its designee or of the applicant, licensee, or | ||||||
| |||||||
| |||||||
| 1 | person holding a certificate of licensure against whom | ||||||
| 2 | proceedings under this Act are pending, enter an order | ||||||
| 3 | compelling the enforcement of any Department subpoena issued | ||||||
| 4 | in connection with any hearing or investigation. | ||||||
| 5 | (c) The Secretary or the Secretary's his or her designee | ||||||
| 6 | or the Board shall have power to administer oaths to witnesses | ||||||
| 7 | at any hearing that the Department is authorized to conduct | ||||||
| 8 | and any other oaths authorized in any Act administered by the | ||||||
| 9 | Department. | ||||||
| 10 | (Source: P.A. 95-572, eff. 6-1-08.) | ||||||
| 11 | (225 ILCS 407/20-40) | ||||||
| 12 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 13 | Sec. 20-40. Hearings; record of hearings. | ||||||
| 14 | (a) The Department shall have the authority to conduct | ||||||
| 15 | hearings on proceedings to revoke, suspend, place on probation | ||||||
| 16 | or administrative review, reprimand, or refuse to issue or | ||||||
| 17 | renew any license under this Act or to impose a civil penalty | ||||||
| 18 | not to exceed $10,000 upon any licensee under this Act. | ||||||
| 19 | (b) The Department, at its expense, shall preserve a | ||||||
| 20 | record of all proceedings at the formal hearing of any case. | ||||||
| 21 | The notice of hearing, complaint, all other documents in the | ||||||
| 22 | nature of pleadings, written motions filed in the proceedings, | ||||||
| 23 | the transcripts of testimony, the report of the Board, and | ||||||
| 24 | orders of the Department shall be in the record of the | ||||||
| 25 | proceeding. The Department shall furnish a transcript of such | ||||||
| |||||||
| |||||||
| 1 | record to any person interested in such hearing upon payment | ||||||
| 2 | of the fee required under Section 2105-115 of the Department | ||||||
| 3 | of Professional Regulation Law of the Civil Administrative | ||||||
| 4 | Code of Illinois (20 ILCS 2105/2105-115). | ||||||
| 5 | (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.) | ||||||
| 6 | (225 ILCS 407/20-43) | ||||||
| 7 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 8 | Sec. 20-43. Investigations; notice and hearing. The | ||||||
| 9 | Department may investigate the actions or qualifications of | ||||||
| 10 | any person who is an applicant, unlicensed person, or person | ||||||
| 11 | rendering or offering to render auction services, or holding | ||||||
| 12 | or claiming to hold a license as a licensed auctioneer. At | ||||||
| 13 | least 30 days before any disciplinary hearing under this Act, | ||||||
| 14 | the Department shall: (i) notify the person charged in writing | ||||||
| 15 | of the charges made and the time and place of the hearing; (ii) | ||||||
| 16 | direct the person to file with the Board a written answer under | ||||||
| 17 | oath to the charges within 20 days of receiving service of the | ||||||
| 18 | notice; and (iii) inform the person that, if the person fails | ||||||
| 19 | to file an answer to the charges within 20 days of receiving | ||||||
| 20 | service of the notice, default may be entered and the license | ||||||
| 21 | may be suspended, revoked, placed on probationary status, or | ||||||
| 22 | have other disciplinary action taken with regard to the | ||||||
| 23 | license as the Department may consider proper, including, but | ||||||
| 24 | not limited to, limiting the scope, nature, or extent of the | ||||||
| 25 | licensee's practice, or imposing a fine. | ||||||
| |||||||
| |||||||
| 1 | At the time and place of the hearing fixed in the notice, | ||||||
| 2 | the Department Board shall proceed to hear the charges, and | ||||||
| 3 | the person or person's counsel shall be accorded ample | ||||||
| 4 | opportunity to present any pertinent statements, testimony, | ||||||
| 5 | evidence, and arguments in the person's defense. The | ||||||
| 6 | Department Board may continue the hearing when it deems it | ||||||
| 7 | appropriate. | ||||||
| 8 | Notice of the hearing may be served by certified mail, or, | ||||||
| 9 | at the discretion of the Department, by an electronic means to | ||||||
| 10 | the person's most recent last known address or email address | ||||||
| 11 | of record provided to the Department or, if in the course of | ||||||
| 12 | the administrative proceeding the party has previously | ||||||
| 13 | designated a specific email address at which to accept | ||||||
| 14 | electronic service for that specific proceeding, by sending a | ||||||
| 15 | copy by email to the party's email address on record. | ||||||
| 16 | (Source: P.A. 103-236, eff. 1-1-24.) | ||||||
| 17 | (225 ILCS 407/20-55) | ||||||
| 18 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 19 | Sec. 20-55. Appointment of a hearing officer. The | ||||||
| 20 | Secretary has the authority to appoint any attorney licensed | ||||||
| 21 | to practice law in the State of Illinois to serve as the | ||||||
| 22 | hearing officer in any action for refusal to issue, restore, | ||||||
| 23 | or renew a license or to discipline a licensee. The hearing | ||||||
| 24 | officer has full authority to conduct the hearing. Any Board | ||||||
| 25 | member may attend hearings. The hearing officer shall report | ||||||
| |||||||
| |||||||
| 1 | his or her findings of fact, conclusions of law, and | ||||||
| 2 | recommendations to the Board. The Board shall have 90 days | ||||||
| 3 | after the date of receipt of review the report of the hearing | ||||||
| 4 | officer to and present its findings of fact, conclusions of | ||||||
| 5 | law, and recommendations to the Secretary and to all parties | ||||||
| 6 | to the proceedings. | ||||||
| 7 | If the Secretary disagrees with the recommendations of the | ||||||
| 8 | Board or hearing officer, the Secretary may issue an order in | ||||||
| 9 | contravention of the Board's recommendations. | ||||||
| 10 | If the Board fails to present its findings of fact, | ||||||
| 11 | conclusions of law, and recommendations within the 90-day time | ||||||
| 12 | period, the Department may request in writing a direct appeal | ||||||
| 13 | to the Secretary and the Secretary may issue an order based | ||||||
| 14 | upon the report of the hearing officer and the record of the | ||||||
| 15 | proceedings or issue an order remanding the matter back to the | ||||||
| 16 | hearing officer for additional proceedings in accordance with | ||||||
| 17 | the order. If the Board fails to present its findings of fact, | ||||||
| 18 | conclusions of law, and recommendations within the 90-day time | ||||||
| 19 | period after receiving an Order of Default, the Department may | ||||||
| 20 | request in writing a direct appeal to the Secretary. | ||||||
| 21 | (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.) | ||||||
| 22 | (225 ILCS 407/20-56) | ||||||
| 23 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 24 | Sec. 20-56. Board; rehearing. At the conclusion of the | ||||||
| 25 | hearing, a copy of the Board's report shall be served upon the | ||||||
| |||||||
| |||||||
| 1 | applicant, licensee, or unlicensed person by the Department, | ||||||
| 2 | either personally or as provided in this Act for the service of | ||||||
| 3 | a notice of hearing. Within 20 days after service, the person | ||||||
| 4 | applicant or licensee may present to the Department a motion | ||||||
| 5 | in writing for a rehearing, which shall specify the particular | ||||||
| 6 | grounds for rehearing. If no motion for rehearing is filed, | ||||||
| 7 | then upon the expiration of the time specified for filing such | ||||||
| 8 | a motion, or if a motion for rehearing is denied, then upon | ||||||
| 9 | denial, the Secretary may enter an order in accordance with | ||||||
| 10 | recommendations of the Board. If the applicant or licensee | ||||||
| 11 | orders from the reporting service and pays for a transcript of | ||||||
| 12 | the record within the time for filing a motion for rehearing, | ||||||
| 13 | the 20-day period within which a motion may be filed shall | ||||||
| 14 | commence upon the delivery of the transcript to the applicant | ||||||
| 15 | or licensee. | ||||||
| 16 | (Source: P.A. 101-345, eff. 8-9-19.) | ||||||
| 17 | (225 ILCS 407/25-110) | ||||||
| 18 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 19 | Sec. 25-110. Licensing of auction schools. | ||||||
| 20 | (a) Only an auction school licensed by the Department may | ||||||
| 21 | provide the continuing education courses required for | ||||||
| 22 | licensure under this Act. | ||||||
| 23 | (b) An auction school may also provide the course required | ||||||
| 24 | to obtain the real estate auction certification in Section | ||||||
| 25 | 5-32 of the Real Estate License Act of 2000. The course shall | ||||||
| |||||||
| |||||||
| 1 | be approved by the Department upon the recommendation of the | ||||||
| 2 | Real Estate Administration and Disciplinary Board pursuant to | ||||||
| 3 | Section 25-10 of the Real Estate License Act of 2000. | ||||||
| 4 | (c) A person or entity seeking to be licensed as an auction | ||||||
| 5 | school under this Act shall provide satisfactory evidence of | ||||||
| 6 | the following: | ||||||
| 7 | (1) a sound financial base for establishing, | ||||||
| 8 | promoting, and delivering the necessary courses; | ||||||
| 9 | (2) a sufficient number of qualified instructors; | ||||||
| 10 | (3) adequate support personnel to assist with | ||||||
| 11 | administrative matters and technical assistance; | ||||||
| 12 | (4) a qualified school administrator, who is | ||||||
| 13 | responsible for the administration of the school, courses, | ||||||
| 14 | and the actions of the instructors; | ||||||
| 15 | (5) proof of good standing with the Secretary of State | ||||||
| 16 | and authority to conduct business in this State; and | ||||||
| 17 | (6) any other requirements provided by rule. | ||||||
| 18 | (d) All applicants for an auction school schools license | ||||||
| 19 | shall make initial application to the Department in a manner | ||||||
| 20 | prescribed by the Department and pay the appropriate fee as | ||||||
| 21 | provided by rule. In addition to any other information | ||||||
| 22 | required to be contained in the application as prescribed by | ||||||
| 23 | rule, every application for an original or renewed license | ||||||
| 24 | shall include the applicant's Taxpayer Identification Number. | ||||||
| 25 | The term, expiration date, and renewal of an auction school | ||||||
| 26 | schools license shall be established by rule. | ||||||
| |||||||
| |||||||
| 1 | (e) An auction school shall provide each successful course | ||||||
| 2 | participant with a certificate of completion signed by the | ||||||
| 3 | school administrator. The format and content of the | ||||||
| 4 | certificate shall be specified by rule. | ||||||
| 5 | (f) All auction schools shall provide to the Department a | ||||||
| 6 | roster of all successful course participants as provided by | ||||||
| 7 | rule. | ||||||
| 8 | (Source: P.A. 103-236, eff. 1-1-24; revised 6-24-25.) | ||||||
| 9 | (225 ILCS 407/30-7) | ||||||
| 10 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 11 | Sec. 30-7. Department; powers and duties. | ||||||
| 12 | (a) The Department shall exercise the powers and duties | ||||||
| 13 | prescribed by the Civil Administrative Code of Illinois for | ||||||
| 14 | the administration of licensing acts and shall exercise such | ||||||
| 15 | other powers and duties as are prescribed by this Act. The | ||||||
| 16 | Department may contract with third parties for services | ||||||
| 17 | necessary for the proper administration of this Act. | ||||||
| 18 | (b) The Department shall have the authority to audit or | ||||||
| 19 | inspect any electronic or physical record, account, document, | ||||||
| 20 | book, form, or file required to be created or maintained by | ||||||
| 21 | this Act. The Department may adopt rules and establish | ||||||
| 22 | necessary requirements for the implementation of this | ||||||
| 23 | subsection (b). | ||||||
| 24 | (Source: P.A. 96-730, eff. 8-25-09.) | ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 407/20-85 rep.) | ||||||
| 2 | Section 15. The Auction License Act is amended by | ||||||
| 3 | repealing Section 20-85. | ||||||
| 4 | Section 20. The Registered Interior Designers Act is | ||||||
| 5 | amended by changing Sections 3, 4, 4.5, 6, 7, 8, 9, 10, 11, 12, | ||||||
| 6 | 14, 15, 18, 19, 27, and 30 as follows: | ||||||
| 7 | (225 ILCS 310/3) (from Ch. 111, par. 8203) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 9 | Sec. 3. Definitions. As used in this Act: | ||||||
| 10 | "Accredited institution" means an institution accredited | ||||||
| 11 | by the Council for Interior Design Accreditation, an | ||||||
| 12 | accreditation body recognized by the United States Department | ||||||
| 13 | of Education, or a curriculum or transcript approved by the | ||||||
| 14 | Board per a registration applicant's application. | ||||||
| 15 | "Address of record" means the designated address recorded | ||||||
| 16 | by the Department in the applicant's application file or the | ||||||
| 17 | registrant's registration file as maintained by the | ||||||
| 18 | Department's licensure maintenance unit. | ||||||
| 19 | "Board" means the Board of Registered Interior Design | ||||||
| 20 | Professionals established under Section 6 of this Act. | ||||||
| 21 | "Department" means the Department of Financial and | ||||||
| 22 | Professional Regulation. | ||||||
| 23 | "Email address of record" means the designated email | ||||||
| 24 | address recorded by the Department in the applicant's | ||||||
| |||||||
| |||||||
| 1 | application file or the registrant's registration file as | ||||||
| 2 | maintained by the Department's licensure maintenance unit. | ||||||
| 3 | "Interior technical submissions" means the designs, | ||||||
| 4 | drawings, and specifications that establish the scope of the | ||||||
| 5 | interior design to be constructed, the standard of quality for | ||||||
| 6 | materials, workmanship, equipment, and construction systems, | ||||||
| 7 | and the studies and other technical reports and calculations | ||||||
| 8 | prepared in the course of the practice of registered interior | ||||||
| 9 | design. | ||||||
| 10 | "Practice of registered interior design" means the design | ||||||
| 11 | of interior spaces as a part of an interior alteration or | ||||||
| 12 | interior construction project in conformity with public | ||||||
| 13 | health, safety, and welfare requirements, including the | ||||||
| 14 | preparation of documents relating to building code | ||||||
| 15 | descriptions, project egress plans that require no increase | ||||||
| 16 | capacity of exits in the space affected, space planning, | ||||||
| 17 | finish materials, furnishings, fixtures, equipment, and the | ||||||
| 18 | preparation of documents and interior technical submissions | ||||||
| 19 | relating to interior construction. "Practice of registered | ||||||
| 20 | interior design" does not include: | ||||||
| 21 | (1) The practice of structural engineering as defined | ||||||
| 22 | in the Structural Engineering Practice Act of 1989, the | ||||||
| 23 | practice of professional engineering as defined in the | ||||||
| 24 | Professional Engineering Practice Act of 1989, or the | ||||||
| 25 | practice of land surveying as defined in the Illinois | ||||||
| 26 | Professional Land Surveyor Act of 1989. | ||||||
| |||||||
| |||||||
| 1 | (2) Services that constitute the practice of | ||||||
| 2 | architecture as defined in the Illinois Architecture | ||||||
| 3 | Practice Act of 1989, except as provided in this Act. | ||||||
| 4 | (3) Altering or affecting the structural system of a | ||||||
| 5 | building, including changing the building's live or dead | ||||||
| 6 | load on the structural system. | ||||||
| 7 | (4) Changes to the building envelope, including | ||||||
| 8 | exterior walls, exterior wall coverings, exterior wall | ||||||
| 9 | openings, exterior windows and doors, architectural trim, | ||||||
| 10 | balconies and similar projections, bay and oriel windows, | ||||||
| 11 | roof assemblies and rooftop structures, and glass and | ||||||
| 12 | glazing for exterior use in both vertical and sloped | ||||||
| 13 | applications in buildings and structures. | ||||||
| 14 | (5) Altering or affecting the mechanical, plumbing, | ||||||
| 15 | heating, air conditioning, ventilation, electrical, | ||||||
| 16 | vertical transportation, fire sprinkler, or fire alarm | ||||||
| 17 | systems. | ||||||
| 18 | (6) Changes beyond the exit access component of a | ||||||
| 19 | means of egress system. | ||||||
| 20 | (7) Construction that materially affects life safety | ||||||
| 21 | systems pertaining to fire safety or the fire protection | ||||||
| 22 | of structural elements, or alterations to smoke evacuation | ||||||
| 23 | and compartmentalization systems or to fire-rated vertical | ||||||
| 24 | shafts in multistory structures. | ||||||
| 25 | (8) Changes of use to an occupancy of greater hazard | ||||||
| 26 | as determined by the International Building Code. | ||||||
| |||||||
| |||||||
| 1 | (9) Changes to the construction classification of the | ||||||
| 2 | building or structure according to the International | ||||||
| 3 | Building Code. | ||||||
| 4 | "Public member" means a person who is not a registered | ||||||
| 5 | interior designer, educator in the field, architect, | ||||||
| 6 | structural engineer, or professional engineer. For purposes of | ||||||
| 7 | board membership, any, or a person who does not have any with a | ||||||
| 8 | significant financial interest in the design or construction | ||||||
| 9 | services service or the design or construction professions | ||||||
| 10 | profession is not a public member. | ||||||
| 11 | "Registered interior designer" means a person who has | ||||||
| 12 | received registration under Section 8 of this Act. A person | ||||||
| 13 | represents oneself himself or herself to be a "registered | ||||||
| 14 | interior designer" within the meaning of this Act by holding | ||||||
| 15 | oneself if he or she holds himself or herself out to the public | ||||||
| 16 | by any title incorporating the words "registered interior | ||||||
| 17 | designer" or any title that includes the words "registered | ||||||
| 18 | interior design". | ||||||
| 19 | "Responsible control" means the amount of control over | ||||||
| 20 | detailed professional knowledge of the content of interior | ||||||
| 21 | technical submissions during the preparation as is ordinarily | ||||||
| 22 | exercised by registered interior designers applying the | ||||||
| 23 | required professional standard of care. Merely reviewing or | ||||||
| 24 | reviewing and correcting an interior technical submission or | ||||||
| 25 | any portion thereof prepared by those not in the regular | ||||||
| 26 | employment of the office where the registered interior | ||||||
| |||||||
| |||||||
| 1 | designer is a resident without control over the content of | ||||||
| 2 | such work throughout its preparation does not constitute | ||||||
| 3 | responsible control. | ||||||
| 4 | "Secretary" means the Secretary of Financial and | ||||||
| 5 | Professional Regulation. | ||||||
| 6 | (Source: P.A. 102-20, eff. 1-1-22; 102-1066, eff. 1-1-23; | ||||||
| 7 | 103-154, eff. 6-30-23.) | ||||||
| 8 | (225 ILCS 310/4) (from Ch. 111, par. 8204) | ||||||
| 9 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 10 | Sec. 4. Title; application of Act. | ||||||
| 11 | (a) No individual shall, without a valid registration as a | ||||||
| 12 | registered interior designer issued by the Department, in any | ||||||
| 13 | manner hold oneself himself or herself out to the public as a | ||||||
| 14 | registered interior designer or attach the title "registered | ||||||
| 15 | interior designer" or any other name or designation which | ||||||
| 16 | would in any way imply that the person he or she is able to use | ||||||
| 17 | the title "registered interior designer" as defined in this | ||||||
| 18 | Act. | ||||||
| 19 | (a-5) Nothing in this Act shall be construed as preventing | ||||||
| 20 | or restricting the services offered or advertised by an | ||||||
| 21 | interior designer who is registered under this Act. | ||||||
| 22 | (b) Nothing in this Act shall prevent the employment, by a | ||||||
| 23 | registered interior designer association, partnership, or a | ||||||
| 24 | corporation furnishing interior design services for | ||||||
| 25 | remuneration, of persons not registered as interior designers | ||||||
| |||||||
| |||||||
| 1 | to perform services in various capacities as needed, provided | ||||||
| 2 | that the persons do not represent themselves as, or use the | ||||||
| 3 | title of, "registered interior designer". | ||||||
| 4 | (c) Nothing in this Act shall be construed to limit the | ||||||
| 5 | activities and use of the title "interior designer" on the | ||||||
| 6 | part of a person not registered under this Act who is a | ||||||
| 7 | graduate of an interior design program and a full-time | ||||||
| 8 | employee of a duly chartered institution of higher education | ||||||
| 9 | insofar as such person engages in public speaking, with or | ||||||
| 10 | without remuneration, provided that such person does not | ||||||
| 11 | represent oneself himself or herself to be a registered | ||||||
| 12 | interior designer or use the title "registered interior | ||||||
| 13 | designer". | ||||||
| 14 | (d) Nothing contained in this Act shall restrict any | ||||||
| 15 | person not registered under this Act from carrying out any of | ||||||
| 16 | the activities listed in the definition of "the profession of | ||||||
| 17 | interior design" in Section 3 if such person does not | ||||||
| 18 | represent oneself himself or herself or the person's his or | ||||||
| 19 | her services in any manner prohibited by this Act. | ||||||
| 20 | (e) Nothing in this Act shall be construed as preventing | ||||||
| 21 | or restricting the practice, services, or activities of any | ||||||
| 22 | person licensed in this State under any other law from | ||||||
| 23 | engaging in the profession or occupation for which that person | ||||||
| 24 | he or she is licensed. | ||||||
| 25 | (f) Nothing in this Act shall be construed as preventing | ||||||
| 26 | or restricting the practice, services, or activities of | ||||||
| |||||||
| |||||||
| 1 | engineers licensed under the Professional Engineering Practice | ||||||
| 2 | Act of 1989 or the Structural Engineering Practice Act of | ||||||
| 3 | 1989; architects licensed pursuant to the Illinois | ||||||
| 4 | Architectural Practice Act of 1989; any interior decorator or | ||||||
| 5 | individual offering interior decorating services including, | ||||||
| 6 | but not limited to, the selection of surface materials, window | ||||||
| 7 | treatments, wall coverings, furniture, accessories, paint, | ||||||
| 8 | floor coverings, and lighting fixtures; or builders, home | ||||||
| 9 | furnishings salespersons, and similar purveyors of related | ||||||
| 10 | goods and services relating to homemaking. | ||||||
| 11 | (g) Nothing in this Act or any other Act shall prevent a | ||||||
| 12 | licensed architect from practicing interior design services. | ||||||
| 13 | Nothing in this Act shall be construed as requiring the | ||||||
| 14 | services of a registered interior designer for the interior | ||||||
| 15 | designing of a single family residence. | ||||||
| 16 | (h) Nothing in this Act shall authorize registered | ||||||
| 17 | interior designers to perform services, including life safety | ||||||
| 18 | services that they are prohibited from performing, or any | ||||||
| 19 | practice: (i) that is restricted in the Professional | ||||||
| 20 | Engineering Practice Act of 1989, the Professional Land | ||||||
| 21 | Surveyor Act of 1989, of the Structural Engineering Practice | ||||||
| 22 | Act of 1989; (ii) that is restricted in the Illinois | ||||||
| 23 | Architecture Practice Act of 1989, except as provided in this | ||||||
| 24 | Act; or (iii) that they are not authorized to perform under the | ||||||
| 25 | Environmental Barriers Act, except as provided in this Act. | ||||||
| 26 | (i) Nothing in this Act shall authorize registered | ||||||
| |||||||
| |||||||
| 1 | interior designers to advertise services that they are | ||||||
| 2 | prohibited to perform, including architecture or engineering | ||||||
| 3 | services, nor to use the title "architect" in any form. | ||||||
| 4 | (j) Nothing in this Act shall be construed as preventing | ||||||
| 5 | or restricting persons from engaging in professional services | ||||||
| 6 | limited to the design of kitchen and bath spaces or the | ||||||
| 7 | specification of products for kitchen and bath areas in | ||||||
| 8 | noncommercial settings. | ||||||
| 9 | (Source: P.A. 102-20, eff. 1-1-22; 102-1066, eff. 1-1-23.) | ||||||
| 10 | (225 ILCS 310/4.5) | ||||||
| 11 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 12 | Sec. 4.5. Unregistered practice; violation; civil penalty. | ||||||
| 13 | (a) Any person who holds oneself himself or herself out to | ||||||
| 14 | be a registered interior designer without being registered | ||||||
| 15 | under this Act shall, in addition to any other penalty | ||||||
| 16 | provided by law, pay a civil penalty to the Department in an | ||||||
| 17 | amount not to exceed $5,000 for each offense as determined by | ||||||
| 18 | the Department. The civil penalty shall be assessed by the | ||||||
| 19 | Department after a hearing is held in accordance with the | ||||||
| 20 | provisions set forth in this Act regarding the provision of a | ||||||
| 21 | hearing for the discipline of a registrant. | ||||||
| 22 | (b) The Department has the authority and power to | ||||||
| 23 | investigate any illegal use of the title of registered | ||||||
| 24 | interior designer. | ||||||
| 25 | (c) The civil penalty shall be paid within 60 days after | ||||||
| |||||||
| |||||||
| 1 | the effective date of the order imposing the civil penalty. | ||||||
| 2 | The order shall constitute a judgment and may be filed and | ||||||
| 3 | execution had thereon in the same manner as any judgment from | ||||||
| 4 | any court of record. | ||||||
| 5 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 6 | (225 ILCS 310/6) (from Ch. 111, par. 8206) | ||||||
| 7 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 8 | Sec. 6. Board of Registered Interior Design Professionals. | ||||||
| 9 | The Secretary shall appoint a Board of Registered Interior | ||||||
| 10 | Design Professionals consisting of 5 members who shall serve | ||||||
| 11 | in an advisory capacity to the Secretary. All members of the | ||||||
| 12 | Board shall be residents of Illinois. Four members shall (i) | ||||||
| 13 | hold a valid registration as an interior designer in Illinois | ||||||
| 14 | and have held the registration under this Act for the | ||||||
| 15 | preceding 10 years; and (ii) not have been disciplined within | ||||||
| 16 | the preceding 10 years under this Act. In addition to the 4 | ||||||
| 17 | registered interior designer members, there shall be one | ||||||
| 18 | public member. The public member shall be a voting member and | ||||||
| 19 | shall not be licensed or registered under this Act or any other | ||||||
| 20 | design profession licensing Act that the Department | ||||||
| 21 | administers. | ||||||
| 22 | Board members shall serve 5-year terms and until their | ||||||
| 23 | successors are appointed and qualified. In appointing members | ||||||
| 24 | to the Board, the Secretary shall give due consideration to | ||||||
| 25 | recommendations by members and organizations of the interior | ||||||
| |||||||
| |||||||
| 1 | design profession. | ||||||
| 2 | The membership of the Board should reasonably reflect | ||||||
| 3 | representation from the geographic areas in this State. | ||||||
| 4 | No member shall be reappointed to the Board for a term that | ||||||
| 5 | would cause his or her continuous service on the Board to be | ||||||
| 6 | longer than 2 consecutive 5-year terms. | ||||||
| 7 | Appointments to fill vacancies shall be made in the same | ||||||
| 8 | manner as original appointments for the unexpired portion of | ||||||
| 9 | the vacated term. | ||||||
| 10 | Three members of the Board shall constitute a quorum. A | ||||||
| 11 | quorum is required for Board decisions. | ||||||
| 12 | The Secretary may remove any member of the Board for cause | ||||||
| 13 | at any time. The Secretary shall be the sole arbiter of cause. | ||||||
| 14 | misconduct, incompetence, or neglect of duty or for reasons | ||||||
| 15 | prescribed by law for removal of State officials. | ||||||
| 16 | The Secretary may remove a member of the Board who does not | ||||||
| 17 | attend 2 consecutive meetings. | ||||||
| 18 | Notice of proposed rulemaking may be transmitted to the | ||||||
| 19 | Board and the Department may review the response of the Board | ||||||
| 20 | and any recommendations made therein. The Department may, at | ||||||
| 21 | any time, seek the expert advice and knowledge of the Board on | ||||||
| 22 | any matter relating to the administration or enforcement of | ||||||
| 23 | this Act. | ||||||
| 24 | Members of the Board are not liable for damages in any | ||||||
| 25 | action or proceeding as a result of activities performed as | ||||||
| 26 | members of the Board, except upon proof of actual malice. | ||||||
| |||||||
| |||||||
| 1 | Members of the Board shall be reimbursed for all | ||||||
| 2 | legitimate, necessary, and authorized expenses. | ||||||
| 3 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 4 | (225 ILCS 310/7) (from Ch. 111, par. 8207) | ||||||
| 5 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 6 | Sec. 7. Board recommendations. The Secretary may shall | ||||||
| 7 | consider the recommendations of the Board in establishing | ||||||
| 8 | guidelines for professional conduct, for the conduct of formal | ||||||
| 9 | disciplinary proceedings brought under this Act, and for | ||||||
| 10 | establishing guidelines for qualifications of applicants. | ||||||
| 11 | Notice of proposed rulemaking may be transmitted to the Board | ||||||
| 12 | and the Department shall review the response of the Board and | ||||||
| 13 | any recommendations made in their response. The Department, at | ||||||
| 14 | any time, may seek the expert advice and knowledge of the Board | ||||||
| 15 | on any matter relating to the administration or enforcement of | ||||||
| 16 | this Act. | ||||||
| 17 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 18 | (225 ILCS 310/8) (from Ch. 111, par. 8208) | ||||||
| 19 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 20 | Sec. 8. Application requirements for registration. | ||||||
| 21 | (a) Each applicant for registration shall apply to the | ||||||
| 22 | Department in writing on a form or electronically as provided | ||||||
| 23 | by the Department. The Department may require an applicant, at | ||||||
| 24 | the applicant's expense, to have an evaluation of the | ||||||
| |||||||
| |||||||
| 1 | applicant's education in a foreign country by a nationally | ||||||
| 2 | recognized evaluation service approved by the Department in | ||||||
| 3 | accordance with the rules adopted by the Department. Except as | ||||||
| 4 | otherwise provided in this Act, each applicant shall take and | ||||||
| 5 | pass the examination approved by the Department. Prior to | ||||||
| 6 | registration, the applicant shall provide substantial evidence | ||||||
| 7 | to the Board that the applicant has completed the education | ||||||
| 8 | and work experience requirements to sit for the NCIDQ | ||||||
| 9 | examination administered by the Council for Interior Design | ||||||
| 10 | Qualification, has successfully passed the NCIDQ examination | ||||||
| 11 | exam, has maintained an active NCIDQ certification, and: | ||||||
| 12 | (1) is a graduate of a 5-year interior design or | ||||||
| 13 | architecture program from an accredited institution and | ||||||
| 14 | has completed at least 2 years of full-time diversified | ||||||
| 15 | interior design experience; | ||||||
| 16 | (2) is a graduate of a 4-year interior design or | ||||||
| 17 | architecture program from an accredited institution and | ||||||
| 18 | has completed at least 2 years of full-time diversified | ||||||
| 19 | interior design experience; | ||||||
| 20 | (3) has completed at least 3 years of interior design | ||||||
| 21 | or architecture curriculum from an accredited institution | ||||||
| 22 | and has completed 3 years of full-time diversified | ||||||
| 23 | interior design experience; or | ||||||
| 24 | (4) is a graduate of a 2-year interior design or | ||||||
| 25 | architecture program from an accredited institution and | ||||||
| 26 | has completed 4 years of full-time diversified interior | ||||||
| |||||||
| |||||||
| 1 | design experience. | ||||||
| 2 | (b) (Blank). In addition to providing evidence of meeting | ||||||
| 3 | the requirements of subsection (a), each applicant for | ||||||
| 4 | registration as a registered interior designer shall provide | ||||||
| 5 | substantial evidence that the applicant has successfully | ||||||
| 6 | completed the examination administered by the Council for | ||||||
| 7 | Interior Design Qualification. | ||||||
| 8 | (b-5) Each applicant for registration shall pay to the | ||||||
| 9 | Department the required registration fee, which is not | ||||||
| 10 | refundable, at the time of filing the application. | ||||||
| 11 | (b-10) Each applicant for renewal or reinstatement of | ||||||
| 12 | registration under this Act shall have completed continuing | ||||||
| 13 | education as set forth by the Department by rule. The | ||||||
| 14 | Department shall consider the recommendations of the Board in | ||||||
| 15 | establishing requirements for continuing education | ||||||
| 16 | requirements but shall be no less than 10 hours of continuing | ||||||
| 17 | education in the areas of health, safety, and welfare every 2 | ||||||
| 18 | years. | ||||||
| 19 | (c) Applicants have 3 years from the date of application | ||||||
| 20 | to complete the application process. If the process has not | ||||||
| 21 | been completed in 3 years, the application shall expire, the | ||||||
| 22 | fee shall be forfeited, and the applicant must reapply and | ||||||
| 23 | meet the requirements in effect at the time of reapplication. | ||||||
| 24 | An individual may apply for original registration prior to | ||||||
| 25 | passing the examination. The individual shall have 3 years | ||||||
| 26 | after the date of filing an application to pass the | ||||||
| |||||||
| |||||||
| 1 | examination. If evidence and documentation of passing the | ||||||
| 2 | examination are received by the Department later than 3 years | ||||||
| 3 | after the individual's filing, the application shall be denied | ||||||
| 4 | and the fee forfeited. The applicant may reapply at any time, | ||||||
| 5 | but shall meet the requirements in effect at the time of | ||||||
| 6 | reapplication. | ||||||
| 7 | (d) Upon payment of the required fee, which shall be | ||||||
| 8 | determined by rule, an applicant who is an architect licensed | ||||||
| 9 | under the laws of this State may, without examination, be | ||||||
| 10 | granted registration as a registered interior designer by the | ||||||
| 11 | Department provided the applicant submits proof of an active | ||||||
| 12 | architectural license in Illinois. | ||||||
| 13 | (Source: P.A. 102-1066, eff. 1-1-23; 103-1044, eff. 1-1-25.) | ||||||
| 14 | (225 ILCS 310/9) (from Ch. 111, par. 8209) | ||||||
| 15 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 16 | Sec. 9. Expiration; renewal; restoration. | ||||||
| 17 | (a) The expiration date and renewal period for each | ||||||
| 18 | certificate of registration issued under this Act shall be set | ||||||
| 19 | by rule. A registrant may renew such registration during the | ||||||
| 20 | month preceding its expiration date by paying the required | ||||||
| 21 | renewal fee. | ||||||
| 22 | (b) Inactive status. | ||||||
| 23 | (1) Any registrant who notifies the Department in | ||||||
| 24 | writing on forms prescribed by the Department may elect to | ||||||
| 25 | place that person's his or her certificate of registration | ||||||
| |||||||
| |||||||
| 1 | on an inactive status and shall, subject to rules of the | ||||||
| 2 | Department, be excused from payment of renewal fees until | ||||||
| 3 | that person he or she notifies the Department in writing | ||||||
| 4 | of that person's his or her desire to resume active | ||||||
| 5 | status. | ||||||
| 6 | (2) Any registrant requesting restoration from | ||||||
| 7 | inactive status shall be required to pay the current | ||||||
| 8 | renewal fee and shall be required to restore the his or her | ||||||
| 9 | registration. | ||||||
| 10 | (3) Any registrant whose registration is on inactive | ||||||
| 11 | status shall not use the title "registered interior | ||||||
| 12 | designer" in the State of Illinois. | ||||||
| 13 | (4) Any registrant who uses the title "registered | ||||||
| 14 | interior designer" while the registrant's his or her | ||||||
| 15 | certificate of registration is lapsed or inactive shall be | ||||||
| 16 | considered to be using the title without a registration | ||||||
| 17 | which shall be grounds for discipline under Section 13 of | ||||||
| 18 | this Act. | ||||||
| 19 | (c) Any registrant whose registration has expired may have | ||||||
| 20 | the registrant's his or her certificate of registration | ||||||
| 21 | restored at any time within 5 years after its expiration, upon | ||||||
| 22 | making application to the Department and payment of the | ||||||
| 23 | required fee. | ||||||
| 24 | (d) Any registrant person whose registration has been | ||||||
| 25 | expired for more than 5 years may have the registrant's his or | ||||||
| 26 | her registration restored by making application to the | ||||||
| |||||||
| |||||||
| 1 | Department and submitting filing proof acceptable to the | ||||||
| 2 | Department of the registrant's his or her fitness to have the | ||||||
| 3 | registrant's his or her registration restored, including, but | ||||||
| 4 | not limited to, sworn evidence certifying to active practice | ||||||
| 5 | in another jurisdiction satisfactory to the Department and | ||||||
| 6 | proof of completion of applicable continuing education, | ||||||
| 7 | including sworn evidence certifying to active lawful practice | ||||||
| 8 | in another jurisdiction, and by paying the required | ||||||
| 9 | restoration fee. A person using the title "registered interior | ||||||
| 10 | designer" on an expired registration is deemed to be in | ||||||
| 11 | violation of this Act. | ||||||
| 12 | (e) If a person whose certificate of registration has | ||||||
| 13 | expired has not maintained active status in another | ||||||
| 14 | jurisdiction, the Department shall determine, by an evaluation | ||||||
| 15 | process established by rule, that person's his or her fitness | ||||||
| 16 | to resume active status, including by requiring and may | ||||||
| 17 | require the person to complete a period of evaluated practical | ||||||
| 18 | experience, and also requiring may require successful | ||||||
| 19 | completion of an examination. | ||||||
| 20 | (f) Any person whose certificate of registration has | ||||||
| 21 | expired while that person he or she has been engaged (1) in | ||||||
| 22 | federal or State service active duty, or (2) in training or | ||||||
| 23 | education under the supervision of the United States | ||||||
| 24 | preliminary to induction into the military service, may have | ||||||
| 25 | that person's his or her registration restored without paying | ||||||
| 26 | any lapsed renewal or restoration fee if, within 2 years after | ||||||
| |||||||
| |||||||
| 1 | termination of such service, training or education, that | ||||||
| 2 | person he or she furnishes the Department with satisfactory | ||||||
| 3 | proof that the person he or she has been so engaged and that | ||||||
| 4 | the person's his or her service, training, or education has | ||||||
| 5 | been so terminated. | ||||||
| 6 | (g) An individual applying for restoration of a | ||||||
| 7 | registration shall have 3 years from the date of application | ||||||
| 8 | to complete the application process. If the process has not | ||||||
| 9 | been completed in 3 years, the application shall expire be | ||||||
| 10 | denied and the fee forfeited. The applicant may reapply at any | ||||||
| 11 | time. | ||||||
| 12 | (Source: P.A. 100-920, eff. 8-17-18.) | ||||||
| 13 | (225 ILCS 310/10) (from Ch. 111, par. 8210) | ||||||
| 14 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 15 | Sec. 10. Endorsement. | ||||||
| 16 | (a) Upon payment of the required fee and the filing of an | ||||||
| 17 | application in writing on a form or electronically as provided | ||||||
| 18 | by the Department, an applicant who is an interior designer | ||||||
| 19 | currently registered, certified, or licensed under the laws of | ||||||
| 20 | another state or territory of the United States or a foreign | ||||||
| 21 | country or province shall, without further examination, be | ||||||
| 22 | granted registration as an interior designer by the Department | ||||||
| 23 | whenever the requirements of such state or territory of the | ||||||
| 24 | United States or a foreign country or province were, at the | ||||||
| 25 | date of registration, certification, or licensure, | ||||||
| |||||||
| |||||||
| 1 | substantially equal to or greater than the requirements then | ||||||
| 2 | in force in this State. The Department may adopt rules | ||||||
| 3 | governing recognition of education and legal practice of the | ||||||
| 4 | profession in another jurisdiction, requiring additional | ||||||
| 5 | education, and determining when an examination may be | ||||||
| 6 | required. | ||||||
| 7 | (b) If the accuracy of any submitted documentation or | ||||||
| 8 | relevance or sufficiency of the coursework or experience is | ||||||
| 9 | questioned by the Department or the Board because of a lack of | ||||||
| 10 | information, discrepancies, or conflicts in information given, | ||||||
| 11 | or a need for clarification, the applicant seeking | ||||||
| 12 | registration may be required to provide additional | ||||||
| 13 | information. | ||||||
| 14 | (c) Applicants have 3 years from the date of application | ||||||
| 15 | to complete the application process. If the process has not | ||||||
| 16 | been completed within the 3 years, then the application shall | ||||||
| 17 | expire be denied, the fee shall be forfeited, and the | ||||||
| 18 | applicant must reapply and meet the requirements in effect at | ||||||
| 19 | the time of reapplication. | ||||||
| 20 | (Source: P.A. 103-1044, eff. 1-1-25.) | ||||||
| 21 | (225 ILCS 310/11) (from Ch. 111, par. 8211) | ||||||
| 22 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 23 | Sec. 11. Fees. The Department shall provide by rule for a | ||||||
| 24 | schedule of fees for the administration and enforcement of | ||||||
| 25 | this Act, including but not limited to original registration, | ||||||
| |||||||
| |||||||
| 1 | renewal, and restoration. The fees shall be nonrefundable. | ||||||
| 2 | All fees collected under this Act shall be deposited into | ||||||
| 3 | the General Professions Dedicated Fund and shall be | ||||||
| 4 | appropriated to the Department for the ordinary and contingent | ||||||
| 5 | expenses of the Department in the administration of this Act. | ||||||
| 6 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 7 | (225 ILCS 310/12) (from Ch. 111, par. 8212) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 9 | Sec. 12. Returned checks; penalties. Any person who | ||||||
| 10 | delivers a check or other payment to the Department that is | ||||||
| 11 | returned to the Department unpaid by the financial institution | ||||||
| 12 | upon which it is drawn shall pay to the Department, in addition | ||||||
| 13 | to the amount already owed to the Department, a fine of $50. | ||||||
| 14 | The fines imposed by this Section are in addition to any other | ||||||
| 15 | discipline provided under this Act for prohibited use of a | ||||||
| 16 | title without a registration or on a nonrenewed registration. | ||||||
| 17 | The Department shall notify the person that payment of fees | ||||||
| 18 | and fines shall be paid to the Department by certified check or | ||||||
| 19 | money order within 30 calendar days of the notification. If, | ||||||
| 20 | after the expiration of 30 days from the date of the | ||||||
| 21 | notification, the person has failed to submit the necessary | ||||||
| 22 | remittance, the Department shall automatically terminate the | ||||||
| 23 | registration or deny the application, without hearing. If, | ||||||
| 24 | after termination or denial, the person seeks registration, | ||||||
| 25 | the person he or she shall apply to the Department for | ||||||
| |||||||
| |||||||
| 1 | restoration or issuance of the registration and pay all fees | ||||||
| 2 | and fines due to the Department. The Department may establish | ||||||
| 3 | a fee for the processing of an application for restoration of a | ||||||
| 4 | certificate of registration to pay all expenses of processing | ||||||
| 5 | this application. The Director may waive the fines due under | ||||||
| 6 | this Section in individual cases where the Director finds that | ||||||
| 7 | the fines would be unreasonable or unnecessarily burdensome. | ||||||
| 8 | (Source: P.A. 92-146, eff. 1-1-02.) | ||||||
| 9 | (225 ILCS 310/14) (from Ch. 111, par. 8214) | ||||||
| 10 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 11 | Sec. 14. Investigations; Notice of hearing. Upon the | ||||||
| 12 | motion of either the Department or the Board, or upon the | ||||||
| 13 | verified complaint in writing of any person setting forth | ||||||
| 14 | facts which, if proven, would constitute grounds for refusal, | ||||||
| 15 | suspension, or revocation of registration under this Act, the | ||||||
| 16 | Board shall investigate the actions of any person, hereinafter | ||||||
| 17 | called the "registrant", who holds or represents that the | ||||||
| 18 | person he holds a certificate of registration. All such | ||||||
| 19 | motions or complaints shall be brought to the Board. | ||||||
| 20 | The Director shall, before suspending, revoking, placing | ||||||
| 21 | on probationary status, or taking any other disciplinary | ||||||
| 22 | action as the Director may deem proper with regard to any | ||||||
| 23 | registration, at least 30 days prior to the date set for the | ||||||
| 24 | hearing, notify the registrant in writing of any charges made | ||||||
| 25 | and the time and place for a hearing on the charges before the | ||||||
| |||||||
| |||||||
| 1 | Board. The Board shall also direct the registrant to file a his | ||||||
| 2 | written answer to the charges with the Board under oath within | ||||||
| 3 | 20 days after the service on the registrant him of such notice, | ||||||
| 4 | and inform the registrant him that if the registrant he fails | ||||||
| 5 | to file such answer, the registrant's his certificate of | ||||||
| 6 | registration may be suspended, revoked, placed on probationary | ||||||
| 7 | status or other disciplinary action may be taken with regard | ||||||
| 8 | thereto, as the Director may deem proper. | ||||||
| 9 | The written notice and any notice in such proceeding may | ||||||
| 10 | be served by delivery personally to the registrant, by email, | ||||||
| 11 | or by registered or certified mail to the address specified by | ||||||
| 12 | the registrant in the registrant's his last notification to | ||||||
| 13 | the Director. | ||||||
| 14 | The Department, at its expense, shall preserve a record of | ||||||
| 15 | all proceedings at the formal hearing of any case involving | ||||||
| 16 | the refusal to issue or renew a registration, or discipline of | ||||||
| 17 | a registrant. The notice of hearing, complaint, and all other | ||||||
| 18 | documents in the nature of pleadings and written motions filed | ||||||
| 19 | in the proceedings, the transcript of testimony, the report of | ||||||
| 20 | the Board, and the orders of the Department shall be the record | ||||||
| 21 | of such proceedings. | ||||||
| 22 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 23 | (225 ILCS 310/15) (from Ch. 111, par. 8215) | ||||||
| 24 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 25 | Sec. 15. Disciplinary actions. | ||||||
| |||||||
| |||||||
| 1 | (a) In case the registrant, after receiving notice, fails | ||||||
| 2 | to file an answer, the registrant's his registration may, in | ||||||
| 3 | the discretion of the Director, having first received the | ||||||
| 4 | recommendation of the Board, be suspended, revoked, placed on | ||||||
| 5 | probationary status, or the Director may take whatever | ||||||
| 6 | disciplinary action the Director he may deem proper, including | ||||||
| 7 | the imposition of a fine, without a hearing, if the act or acts | ||||||
| 8 | charged constitute sufficient grounds for such action under | ||||||
| 9 | this Act. | ||||||
| 10 | (b) The Director may temporarily suspend the registration | ||||||
| 11 | of a registrant without a hearing, simultaneous to the | ||||||
| 12 | institution of proceedings for a hearing under this Act, if | ||||||
| 13 | the Director finds that evidence in the Director's his | ||||||
| 14 | possession indicates that the person's continuation of use of | ||||||
| 15 | the title would constitute an immediate danger to the public. | ||||||
| 16 | In the event that the Director temporarily suspends the | ||||||
| 17 | registration of a registrant without a hearing, a hearing by | ||||||
| 18 | the Board must be held within 15 days after such suspension has | ||||||
| 19 | occurred and concluded without appreciable delay. | ||||||
| 20 | (Source: P.A. 88-650, eff. 9-16-94.) | ||||||
| 21 | (225 ILCS 310/18) (from Ch. 111, par. 8218) | ||||||
| 22 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 23 | Sec. 18. Recommendations for disciplinary action; Action | ||||||
| 24 | by Director. The Board may advise the Director that probation | ||||||
| 25 | be granted or that other disciplinary action, including the | ||||||
| |||||||
| |||||||
| 1 | limitation of the use of the title, be taken, as it deems | ||||||
| 2 | proper. If disciplinary action other than suspension or | ||||||
| 3 | revocation is taken, the Board may advise the Director to | ||||||
| 4 | impose reasonable limitations and requirements upon the | ||||||
| 5 | registrant to ensure insure compliance with the terms of the | ||||||
| 6 | probation or other disciplinary action, including, but not | ||||||
| 7 | limited to, regular reporting by the registrant to the | ||||||
| 8 | Director of the registrant's his actions, or the registrant | ||||||
| 9 | placing oneself himself under the care of a qualified | ||||||
| 10 | physician for treatment, or limiting the registrant's his use | ||||||
| 11 | of the title in such manner as the Director may require. | ||||||
| 12 | The Board shall present to the Director a written report | ||||||
| 13 | of its findings and recommendations. A copy of the report | ||||||
| 14 | shall be served upon the registrant, by email, either | ||||||
| 15 | personally, or by registered or certified mail. Within 20 days | ||||||
| 16 | after such service, the registrant may present to the | ||||||
| 17 | Department the registrant's his motion in writing for a | ||||||
| 18 | rehearing, specifying the particular grounds for rehearing. If | ||||||
| 19 | the registrant orders and pays for a transcript of the record, | ||||||
| 20 | the time elapsing until the transcript is ready for delivery | ||||||
| 21 | to the registrant him shall not be counted as part of such 20 | ||||||
| 22 | days. | ||||||
| 23 | At the expiration of the time allowed for filing a motion | ||||||
| 24 | for rehearing, the Director may take the action recommended by | ||||||
| 25 | the Board. Upon suspension, revocation, placement on | ||||||
| 26 | probationary status, or the taking of any other disciplinary | ||||||
| |||||||
| |||||||
| 1 | action, including the limiting of the use of the title, deemed | ||||||
| 2 | proper by the Director with regard to the registration, the | ||||||
| 3 | registrant shall surrender the his certificate of registration | ||||||
| 4 | to the Department if ordered to do so by the Department. Upon | ||||||
| 5 | the registrant's his failure or refusal to do so, the | ||||||
| 6 | Department may seize the certificate of registration. | ||||||
| 7 | In all instances in which the Board has rendered a | ||||||
| 8 | recommendation to the Director with respect to a particular | ||||||
| 9 | person, the Director shall, to the extent that the Director he | ||||||
| 10 | disagrees with or takes action contrary to the recommendation | ||||||
| 11 | of the Board, file with the Board his specific written reasons | ||||||
| 12 | of disagreement. Such reasons shall be filed within 30 days | ||||||
| 13 | after the Director has taken the contrary position. | ||||||
| 14 | Each order of revocation, suspension, or other | ||||||
| 15 | disciplinary action shall contain a brief and concise | ||||||
| 16 | statement of the ground or grounds upon which the Department's | ||||||
| 17 | action is based, as well as the specific terms and conditions | ||||||
| 18 | of such action. | ||||||
| 19 | Whenever the Director is satisfied that substantial | ||||||
| 20 | justice has not been done either in an examination or in the | ||||||
| 21 | revocation, suspension, or refusal to issue a certificate of | ||||||
| 22 | registration, or other disciplinary action, the Director may | ||||||
| 23 | order a re-examination or rehearing. | ||||||
| 24 | (Source: P.A. 86-1404.) | ||||||
| 25 | (225 ILCS 310/19) (from Ch. 111, par. 8219) | ||||||
| |||||||
| |||||||
| 1 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 2 | Sec. 19. Hearing officer. The Director has the authority | ||||||
| 3 | to appoint any attorney duly licensed to practice law in the | ||||||
| 4 | State of Illinois to serve as the hearing officer for any | ||||||
| 5 | disciplinary action under this Act. The hearing officer shall | ||||||
| 6 | have full authority to conduct the hearing. The hearing | ||||||
| 7 | officer shall report the hearing officer's his findings and | ||||||
| 8 | recommendations to the Board and the Director. The Board shall | ||||||
| 9 | have 60 days from receipt of the report to review the report of | ||||||
| 10 | the hearing officer and present its findings of fact, | ||||||
| 11 | conclusions of law, and recommendations to the Director. If | ||||||
| 12 | the Board fails to present its report within the 60-day 60 day | ||||||
| 13 | period, the Director may issue an order based on the report of | ||||||
| 14 | the hearing officer. If the Director disagrees in any regard | ||||||
| 15 | with the Board's report, the Director he may issue an order in | ||||||
| 16 | contravention of the Board's report. | ||||||
| 17 | (Source: P.A. 86-1404.) | ||||||
| 18 | (225 ILCS 310/27) (from Ch. 111, par. 8227) | ||||||
| 19 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 20 | Sec. 27. Filing registration or diploma of another. Any | ||||||
| 21 | person filing, or attempting to file, as the person's his own | ||||||
| 22 | the diploma or registration of another, or a forged affidavit | ||||||
| 23 | of identification or qualification, is guilty of a Class 3 | ||||||
| 24 | felony, and upon conviction is subject to such fine and | ||||||
| 25 | imprisonment as is made and provided by the statutes of this | ||||||
| |||||||
| |||||||
| 1 | State for the crime of forgery. | ||||||
| 2 | (Source: P.A. 86-1404.) | ||||||
| 3 | (225 ILCS 310/30) (from Ch. 111, par. 8230) | ||||||
| 4 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 5 | Sec. 30. Fund; appropriations; investments; audits. All of | ||||||
| 6 | the fees collected pursuant to this Act shall be deposited | ||||||
| 7 | into the Design Professionals Administration and Investigation | ||||||
| 8 | General Professions Dedicated Fund. | ||||||
| 9 | The moneys deposited into in the Design Professionals | ||||||
| 10 | Administration and Investigation General Professions Dedicated | ||||||
| 11 | Fund may be used for the expenses of the Department in the | ||||||
| 12 | administration of this Act. | ||||||
| 13 | Moneys from the Fund may also be used for direct and | ||||||
| 14 | allocable indirect costs related to the public purposes of the | ||||||
| 15 | Department of Professional Regulation. Moneys in the Fund may | ||||||
| 16 | be transferred to the Professions Indirect Cost Fund as | ||||||
| 17 | authorized by Section 2105-300 of the Department of | ||||||
| 18 | Professional Regulation Law. | ||||||
| 19 | Upon the completion of any audit of the Department as | ||||||
| 20 | prescribed by the Illinois State Auditing Act that includes an | ||||||
| 21 | audit of the Design Professionals Administration and | ||||||
| 22 | Investigation General Professions Dedicated Fund, the | ||||||
| 23 | Department shall make the audit open to inspection by any | ||||||
| 24 | interested person. The copy of the audit report required to be | ||||||
| 25 | submitted to the Department by this Section is in addition to | ||||||
| |||||||
| |||||||
| 1 | copies of audit reports required to be submitted to other | ||||||
| 2 | State officers and agencies by Section 3-14 of the Illinois | ||||||
| 3 | State Auditing Act. | ||||||
| 4 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 5 | Section 25. The Landscape Architecture Registration Act is | ||||||
| 6 | amended by changing Sections 10, 20, 23, 25, 30, 33, 34, 48, | ||||||
| 7 | 50, 55, 60, 70, 80, 85, 95, and 110 as follows: | ||||||
| 8 | (225 ILCS 316/10) | ||||||
| 9 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 10 | Sec. 10. Definitions. For purposes of As used in this Act, | ||||||
| 11 | the following definitions shall have the following meanings, | ||||||
| 12 | except where the context requires otherwise: | ||||||
| 13 | "Address of record" means the designated address recorded | ||||||
| 14 | by the Department in the applicant's application file or | ||||||
| 15 | registrant's registration file as maintained by the | ||||||
| 16 | Department. | ||||||
| 17 | "Board" means the Registered Landscape Architecture | ||||||
| 18 | Registration Board. | ||||||
| 19 | "Department" means the Department of Financial and | ||||||
| 20 | Professional Regulation. | ||||||
| 21 | "Email address of record" means the designated email | ||||||
| 22 | address of record by the Department in the applicant's | ||||||
| 23 | application file or registrant's registration file as | ||||||
| 24 | maintained by the Department's licensure maintenance unit | ||||||
| |||||||
| |||||||
| 1 | Department. | ||||||
| 2 | "Landscape architecture" means the art and science of | ||||||
| 3 | arranging land, together with the spaces and objects upon it, | ||||||
| 4 | for the purpose of creating a safe, efficient, healthful, and | ||||||
| 5 | aesthetically pleasing physical environment for human use and | ||||||
| 6 | enjoyment, as performed by landscape architects. | ||||||
| 7 | "Landscape architectural practice" or "practice of | ||||||
| 8 | landscape architecture" means the offering or furnishing of | ||||||
| 9 | professional services in connection with a landscape | ||||||
| 10 | architecture project that do not require the seal of an | ||||||
| 11 | architect, land surveyor, professional engineer, or structural | ||||||
| 12 | engineer. These services may include, but are not limited to, | ||||||
| 13 | providing preliminary studies; developing design concepts; | ||||||
| 14 | planning for the relationships of physical improvements and | ||||||
| 15 | intended uses of the site, including the preparation and | ||||||
| 16 | filing of sketches, drawings, plans, and specifications; | ||||||
| 17 | establishing form and aesthetic elements; developing those | ||||||
| 18 | technical details on the site that are exclusive of any | ||||||
| 19 | building or structure; preparing and administering | ||||||
| 20 | coordinating technical submissions; and conducting site | ||||||
| 21 | observation of a landscape architecture project. | ||||||
| 22 | "Registered landscape architect" means a person who, based | ||||||
| 23 | on education, experience, and examination in the field of | ||||||
| 24 | landscape architecture, is registered under this Act. | ||||||
| 25 | "Secretary" means the Secretary of Financial and | ||||||
| 26 | Professional Regulation. The Secretary may designate the | ||||||
| |||||||
| |||||||
| 1 | Secretary's his or her duties under this Act to a designee of | ||||||
| 2 | the Secretary's his or her choice, including, but not limited | ||||||
| 3 | to, the Director of Professional Regulation. | ||||||
| 4 | (Source: P.A. 102-284, eff. 8-6-21; 103-309, eff. 1-1-24.) | ||||||
| 5 | (225 ILCS 316/20) | ||||||
| 6 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 7 | Sec. 20. Seal. | ||||||
| 8 | (a) Every registered landscape architect shall have a | ||||||
| 9 | reproducible seal, which may be computer generated, the | ||||||
| 10 | impression of which shall contain the name of the registered | ||||||
| 11 | landscape architect, the registered landscape architect's | ||||||
| 12 | registration number, and the words "Registered Landscape | ||||||
| 13 | Architect, State of Illinois". The registered landscape | ||||||
| 14 | architect shall be responsible for the registered landscape | ||||||
| 15 | architect's his or her seal and signature as defined by rule. | ||||||
| 16 | (b) Notwithstanding the requirements of this Section, an | ||||||
| 17 | architect, land surveyor, professional engineer, or structural | ||||||
| 18 | engineer licensed by the Department shall be permitted to | ||||||
| 19 | affix the architect's, land surveyor's, professional | ||||||
| 20 | engineer's, or structural engineer's his or her seal to any | ||||||
| 21 | plans, specifications, and reports prepared by or under his or | ||||||
| 22 | her supervision in connection with the incidental practice of | ||||||
| 23 | landscape architecture. | ||||||
| 24 | (c) For all plans, specifications, or other technical | ||||||
| 25 | submissions prepared or issued by the registered landscape | ||||||
| |||||||
| |||||||
| 1 | architect and filed for public record, the registered | ||||||
| 2 | landscape architect shall affix the registered landscape | ||||||
| 3 | architect's signature, current date, date of registration | ||||||
| 4 | expiration, and a form of seal as prescribed by rule. | ||||||
| 5 | (d) The registered landscape architect's signature, date, | ||||||
| 6 | and seal shall be evidence of the authenticity of that to which | ||||||
| 7 | the signature, date, and seal are affixed. Any and all | ||||||
| 8 | technical submissions may be transmitted electronically and | ||||||
| 9 | may be signed by the registered landscape architect, dated, | ||||||
| 10 | and sealed electronically with said seal. | ||||||
| 11 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| 12 | (225 ILCS 316/23) | ||||||
| 13 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 14 | Sec. 23. Technical submissions. | ||||||
| 15 | (a) As used in this Act Section, "technical submissions" | ||||||
| 16 | includes the designs, drawings, plans, and specifications, and | ||||||
| 17 | reports that establish the scope of a landscape architecture | ||||||
| 18 | project; the standard of quality for materials, workmanship, | ||||||
| 19 | equipment, and systems; and the studies and other technical | ||||||
| 20 | reports and calculations prepared in the course of the | ||||||
| 21 | practice of landscape architecture. | ||||||
| 22 | (b) A registered landscape architect shall not exercise | ||||||
| 23 | authority in preparing technical submissions that require the | ||||||
| 24 | involvement of an architect, professional engineer, structural | ||||||
| 25 | engineer, or professional land surveyor licensed in Illinois. | ||||||
| |||||||
| |||||||
| 1 | (c) The registered landscape architect who has contract | ||||||
| 2 | responsibility shall seal a cover sheet of the technical | ||||||
| 3 | submissions and those individual portions of the technical | ||||||
| 4 | submissions for which the registered landscape architect is | ||||||
| 5 | legally and professionally responsible. | ||||||
| 6 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| 7 | (225 ILCS 316/25) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 9 | Sec. 25. Display of registration. Every holder of a | ||||||
| 10 | registered landscape architect registration shall display the | ||||||
| 11 | holder's his or her certificate of registration in a | ||||||
| 12 | conspicuous place in the holder's his or her principal office, | ||||||
| 13 | place of business, or place of employment. | ||||||
| 14 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| 15 | (225 ILCS 316/30) | ||||||
| 16 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 17 | Sec. 30. Address of record; email address of record. All | ||||||
| 18 | applicants and registrants shall: | ||||||
| 19 | (1) provide a valid address and email address to the | ||||||
| 20 | Department, which shall serve as the address of record and | ||||||
| 21 | email address of record, respectively, at the time of | ||||||
| 22 | application for registration or renewal of registration; | ||||||
| 23 | and | ||||||
| 24 | (2) inform the Department of any change of address of | ||||||
| |||||||
| |||||||
| 1 | record or email address of record within 14 days after the | ||||||
| 2 | such change, either through the Department's website or by | ||||||
| 3 | contacting the Department's licensure maintenance unit | ||||||
| 4 | Department. | ||||||
| 5 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| 6 | (225 ILCS 316/33) | ||||||
| 7 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 8 | Sec. 33. Registered Landscape Architecture Registration | ||||||
| 9 | Board. | ||||||
| 10 | (a) The Secretary shall appoint a Registered Landscape | ||||||
| 11 | Architecture Registration Board. The Board shall consist of 5 | ||||||
| 12 | persons who shall serve in an advisory capacity to the | ||||||
| 13 | Secretary. All members of the Board shall be residents of | ||||||
| 14 | Illinois. Four members shall be registered under this Act and | ||||||
| 15 | have not been disciplined within the last 10-year period under | ||||||
| 16 | this Act or the Illinois Landscape Architecture Act of 1989. | ||||||
| 17 | In addition to the 4 registered landscape architects, there | ||||||
| 18 | shall be one public member. The public member shall be a voting | ||||||
| 19 | member and shall not be registered under this Act or licensed | ||||||
| 20 | under any other design profession licensing Act that the | ||||||
| 21 | Department administers. | ||||||
| 22 | (b) Board members shall serve 5-year terms and until their | ||||||
| 23 | successors are appointed and qualified. | ||||||
| 24 | (c) In appointing members to the Board, the Secretary | ||||||
| 25 | shall give due consideration to recommendations by members and | ||||||
| |||||||
| |||||||
| 1 | organizations of the landscape architecture profession. | ||||||
| 2 | (d) The membership of the Board should reasonably reflect | ||||||
| 3 | representation from the geographic areas in this State. | ||||||
| 4 | (e) No member shall be reappointed to the Board for a term | ||||||
| 5 | that would cause the member's his or her continuous service on | ||||||
| 6 | the Board to be longer than 2 consecutive 5-year terms. | ||||||
| 7 | (f) An appointment to fill a vacancy for the unexpired | ||||||
| 8 | portion of the vacated term shall be made in the same manner as | ||||||
| 9 | an initial appointment. | ||||||
| 10 | (g) Three members shall constitute a quorum. A quorum is | ||||||
| 11 | required for Board decisions. | ||||||
| 12 | (h) The Secretary may terminate or refuse the appointment | ||||||
| 13 | of any member of the Board for cause that, in the opinion of | ||||||
| 14 | the Secretary, reasonably justified such termination, which | ||||||
| 15 | may include, but is not limited to, a Board member who does not | ||||||
| 16 | attend 2 consecutive meetings. | ||||||
| 17 | (i) Members of the Board may be reimbursed for all | ||||||
| 18 | legitimate, necessary, and authorized expenses. | ||||||
| 19 | (j) (Blank). The Department may at any time seek the | ||||||
| 20 | expert advice and knowledge of the Board on any matter | ||||||
| 21 | relating to the enforcement of this Act. | ||||||
| 22 | (k) Members of the Board shall be immune from suit in any | ||||||
| 23 | action based upon any disciplinary proceedings or other acts | ||||||
| 24 | performed in good faith as members of the Board, unless the | ||||||
| 25 | conduct that gave rise to the suit was willful and wanton | ||||||
| 26 | misconduct. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| 2 | (225 ILCS 316/34) | ||||||
| 3 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 4 | Sec. 34. Powers and duties of the Board. | ||||||
| 5 | (a) The Board shall meet hold at least once per one meeting | ||||||
| 6 | each year or as otherwise called by the Secretary, with any | ||||||
| 7 | such meeting conducted in accordance with the Open Meetings | ||||||
| 8 | Act. | ||||||
| 9 | (b) The Board shall annually elect a chairperson and a | ||||||
| 10 | vice chairperson who shall be registered landscape architects. | ||||||
| 11 | (c) The Department may, at any time, seek the expert | ||||||
| 12 | advice and knowledge of the Board on any matter relating to the | ||||||
| 13 | enforcement of this Act, including, but not limited to, | ||||||
| 14 | qualifications of applicants for registration. | ||||||
| 15 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| 16 | (225 ILCS 316/48) | ||||||
| 17 | Sec. 48. Endorsement. | ||||||
| 18 | (a) The Department may issue a registration as a landscape | ||||||
| 19 | architect to an applicant who submits a valid application | ||||||
| 20 | accompanied by the required fee and is a landscape architect | ||||||
| 21 | licensed, or registered, certified, or otherwise authorized | ||||||
| 22 | under the laws of another state, the District of Columbia, a | ||||||
| 23 | territory of the United States, or a foreign country if the | ||||||
| 24 | requirements for licensure, registration, or certification, or | ||||||
| |||||||
| |||||||
| 1 | authorization in that other jurisdiction were, on the date of | ||||||
| 2 | original licensure, registration, or certification, | ||||||
| 3 | substantially equivalent to the requirements then in force in | ||||||
| 4 | this State. | ||||||
| 5 | (b) An application for endorsement shall provide proof of | ||||||
| 6 | passage of an examination required for registration. | ||||||
| 7 | (c) If the accuracy of any submitted documentation or | ||||||
| 8 | relevance or sufficiency of the coursework or experience is | ||||||
| 9 | questioned by the Department or the Board because of a lack of | ||||||
| 10 | information, discrepancies, or conflicts in information given | ||||||
| 11 | or a need for clarification, the applicant seeking | ||||||
| 12 | registration may be required to provide additional | ||||||
| 13 | information. | ||||||
| 14 | (d) An applicant has 3 years from the date of application | ||||||
| 15 | to complete the application process. If the process has not | ||||||
| 16 | been completed in 3 years, the application shall be expired | ||||||
| 17 | denied, the fee forfeited, and the applicant must reapply and | ||||||
| 18 | meet the requirements in effect at the time of reapplication. | ||||||
| 19 | (e) (Blank). This Section is repealed on January 1, 2027. | ||||||
| 20 | (Source: P.A. 103-1044, eff. 1-1-25.) | ||||||
| 21 | (225 ILCS 316/50) | ||||||
| 22 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 23 | Sec. 50. Registration, renewal, and restoration. | ||||||
| 24 | (a) The expiration date and renewal period for each | ||||||
| 25 | certificate of registration issued under this Act shall be | ||||||
| |||||||
| |||||||
| 1 | established by rule. A registrant may renew a certificate of | ||||||
| 2 | registration during the month preceding its expiration date by | ||||||
| 3 | paying the required fee. | ||||||
| 4 | (b) A registered landscape architect who has permitted the | ||||||
| 5 | registered landscape architect's his or her registration to | ||||||
| 6 | expire or has had the registered landscape architect's his or | ||||||
| 7 | her registration placed on inactive status may have the | ||||||
| 8 | registered landscape architect's his or her registration | ||||||
| 9 | restored by making application to the Department and filing | ||||||
| 10 | proof acceptable to the Department of the registered landscape | ||||||
| 11 | architect's his or her fitness to have the registered | ||||||
| 12 | landscape architect's his or her registration restored, | ||||||
| 13 | including, but not limited to, sworn evidence certifying | ||||||
| 14 | active lawful practice in another jurisdiction satisfactory to | ||||||
| 15 | the Department and by paying the required fee as determined by | ||||||
| 16 | rule. | ||||||
| 17 | (c) A registered landscape architect whose registration | ||||||
| 18 | expired while engaged (1) in federal service on active duty | ||||||
| 19 | with the Armed Forces of the United States or the State Militia | ||||||
| 20 | called into service or training or (2) in training or | ||||||
| 21 | education under the supervision of the United States | ||||||
| 22 | preliminary to induction into the military service, may have a | ||||||
| 23 | registration restored or reinstated without paying any lapsed | ||||||
| 24 | reinstatement, renewal, or restoration fees if, within 2 years | ||||||
| 25 | after termination, other than by dishonorable discharge, of | ||||||
| 26 | such service, training, or education, and the Department is | ||||||
| |||||||
| |||||||
| 1 | furnished with satisfactory evidence that the registrant has | ||||||
| 2 | been so engaged in the practice of landscape architecture and | ||||||
| 3 | that such service, training, or education has been so | ||||||
| 4 | terminated. | ||||||
| 5 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| 6 | (225 ILCS 316/55) | ||||||
| 7 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 8 | Sec. 55. Prior registrations under the Illinois Landscape | ||||||
| 9 | Architecture Act of 1989. A person who was actively registered | ||||||
| 10 | under the Illinois Landscape Architecture Act of 1989 and had | ||||||
| 11 | renewed the person's his or her registration before January 1, | ||||||
| 12 | 2020, may have the person's his or her registration restored | ||||||
| 13 | without fee upon the effective date of the rules adopted under | ||||||
| 14 | this Act. | ||||||
| 15 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| 16 | (225 ILCS 316/60) | ||||||
| 17 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 18 | Sec. 60. Inactive status. | ||||||
| 19 | (a) A person registered under this Act who notifies the | ||||||
| 20 | Department in writing on forms or electronically as prescribed | ||||||
| 21 | by the Department may elect to place the person's his or her | ||||||
| 22 | registration on inactive status and shall, subject to rules of | ||||||
| 23 | the Department, be excused from payment of renewal fees until | ||||||
| 24 | the person he or she notifies the Department in writing on | ||||||
| |||||||
| |||||||
| 1 | forms or electronically as prescribed by the Department of the | ||||||
| 2 | person's his or her desire to resume active status. | ||||||
| 3 | (b) Any registrant whose registration is on inactive | ||||||
| 4 | status shall not use the title "registered landscape | ||||||
| 5 | architect" or "landscape architect" in the State of Illinois. | ||||||
| 6 | (c) Any registrant who uses the title "registered | ||||||
| 7 | landscape architect" or "landscape architect" while the | ||||||
| 8 | registrant's his or her registration is inactive shall be | ||||||
| 9 | considered to be using the title without a registration that | ||||||
| 10 | shall be grounds for discipline under this Act. | ||||||
| 11 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| 12 | (225 ILCS 316/70) | ||||||
| 13 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 14 | Sec. 70. Disposition of funds. All of the fees collected | ||||||
| 15 | as authorized under this Act shall be deposited into the | ||||||
| 16 | Design Professionals Administration and Investigation General | ||||||
| 17 | Professions Dedicated Fund. The moneys deposited into the | ||||||
| 18 | Design Professionals Administration and Investigation General | ||||||
| 19 | Professions Dedicated Fund may be used for the expenses of the | ||||||
| 20 | Department in the administration of this Act. Moneys from the | ||||||
| 21 | Fund may also be used for direct and allocable indirect costs | ||||||
| 22 | related to the public purposes of the Department of Financial | ||||||
| 23 | and Professional Regulation. Moneys in the Fund may be | ||||||
| 24 | transferred to the Professions Indirect Cost Fund as | ||||||
| 25 | authorized by Section 2105-300 of the Department of | ||||||
| |||||||
| |||||||
| 1 | Professional Regulation Law of the Civil Administrative Code | ||||||
| 2 | of Illinois. | ||||||
| 3 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| 4 | (225 ILCS 316/80) | ||||||
| 5 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 6 | Sec. 80. Unauthorized practice; violation Violation; | ||||||
| 7 | injunction; cease and desist order; civil penalty. | ||||||
| 8 | (a) If any person violates the provisions of this Act, the | ||||||
| 9 | Secretary may, in the name of the People of the State of | ||||||
| 10 | Illinois, through the Attorney General of the State of | ||||||
| 11 | Illinois or the State's Attorney of any county in which the | ||||||
| 12 | action is brought, petition for an order enjoining such | ||||||
| 13 | violation and for an order enforcing compliance with this Act. | ||||||
| 14 | Upon the filing of a verified petition in court, the court may | ||||||
| 15 | issue a temporary restraining order, without notice or bond, | ||||||
| 16 | and may preliminarily and permanently enjoin such violation. | ||||||
| 17 | If it is established that such person has violated or is | ||||||
| 18 | violating the injunction, the Court may punish the offender | ||||||
| 19 | for contempt of court. Proceedings under this Section shall be | ||||||
| 20 | in addition to, and not in lieu of, all other remedies and | ||||||
| 21 | penalties provided by this Act. | ||||||
| 22 | (b) Whoever holds oneself himself or herself out as a | ||||||
| 23 | "registered landscape architect", "landscape architect", or | ||||||
| 24 | any other name or designation that would in any way imply that | ||||||
| 25 | the person he or she is able to use the title "registered | ||||||
| |||||||
| |||||||
| 1 | landscape architect" or "landscape architect" without being | ||||||
| 2 | registered under this Act shall be guilty of a Class A | ||||||
| 3 | misdemeanor, and for each subsequent conviction shall be | ||||||
| 4 | guilty of a Class 4 felony. | ||||||
| 5 | (c) Any person who holds oneself out as a "registered | ||||||
| 6 | landscape architect", "landscape architect", or any other name | ||||||
| 7 | or designation that would in any way imply that the person is | ||||||
| 8 | able to use the title "registered landscape architect" or | ||||||
| 9 | "landscape architect" shall, in addition to any other penalty | ||||||
| 10 | provided by law, pay a civil penalty to the Department in an | ||||||
| 11 | amount not to exceed $10,000 for each offense, as determined | ||||||
| 12 | by the Department. The civil penalty shall be assessed by the | ||||||
| 13 | Department after a hearing is held in accordance with the | ||||||
| 14 | provisions set forth in this Act regarding the provision of a | ||||||
| 15 | hearing for the discipline of a licensee. | ||||||
| 16 | (d) The Department may investigate any actual, alleged, or | ||||||
| 17 | suspected unauthorized activity. | ||||||
| 18 | (e) The civil penalty shall be paid within 60 days after | ||||||
| 19 | the effective date of the order imposing the civil penalty. | ||||||
| 20 | The order shall constitute a judgment and may be filed and | ||||||
| 21 | executed thereon in the same manner as any judgment from any | ||||||
| 22 | court of record. | ||||||
| 23 | (f) Each day that a violation occurs constitutes a | ||||||
| 24 | separate offense. Any civil penalties imposed shall be payable | ||||||
| 25 | to the Department. | ||||||
| 26 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 316/85) | ||||||
| 2 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 3 | Sec. 85. Grounds for discipline. | ||||||
| 4 | (a) The Department may refuse to issue or to renew a | ||||||
| 5 | certificate of registration, or may revoke, suspend, place on | ||||||
| 6 | probation, reprimand, or take other disciplinary or | ||||||
| 7 | nondisciplinary action the Department may deem proper, | ||||||
| 8 | including fines not to exceed $10,000 for each violation, with | ||||||
| 9 | regard to any certificate of registration issued under this | ||||||
| 10 | Act, for any one or combination of the following reasons: | ||||||
| 11 | (1) Material misstatement in furnishing information to | ||||||
| 12 | the Department. | ||||||
| 13 | (2) Negligent or intentional disregard of this Act or | ||||||
| 14 | rules adopted under this Act. | ||||||
| 15 | (3) Conviction of or plea of guilty or nolo | ||||||
| 16 | contendere, finding of guilt, jury verdict, or entry of | ||||||
| 17 | judgment or sentencing, including, but not limited to, | ||||||
| 18 | convictions, preceding sentences of supervision, | ||||||
| 19 | conditional discharge, or first offender probation under | ||||||
| 20 | the laws of any jurisdiction of the United States that is | ||||||
| 21 | (i) a felony, (ii) a misdemeanor, an essential element of | ||||||
| 22 | which is dishonesty, or (iii) any crime that is directly | ||||||
| 23 | related to the practice of landscape architecture. | ||||||
| 24 | (4) Making any misrepresentations for the purpose of | ||||||
| 25 | obtaining a certificate of registration. | ||||||
| |||||||
| |||||||
| 1 | (5) Professional incompetence or gross negligence in | ||||||
| 2 | the rendering of landscape architectural services. | ||||||
| 3 | (6) Aiding or assisting another person in violating | ||||||
| 4 | any provision of this Act or any rules and regulations | ||||||
| 5 | issued pursuant to this Act. | ||||||
| 6 | (7) Failing to provide information within 60 days in | ||||||
| 7 | response to a written request made by the Department. | ||||||
| 8 | (8) Engaging in dishonorable, unethical, or | ||||||
| 9 | unprofessional conduct of a character likely to deceive, | ||||||
| 10 | defraud, or harm the public. | ||||||
| 11 | (9) Habitual or excessive use or abuse of drugs | ||||||
| 12 | defined by law as controlled substances, alcohol, | ||||||
| 13 | narcotics, stimulants, or any other substances that | ||||||
| 14 | results in the inability to practice with reasonable | ||||||
| 15 | judgment, skill, or safety. | ||||||
| 16 | (10) Discipline by another jurisdiction, if at least | ||||||
| 17 | one of the grounds for the discipline is the same or | ||||||
| 18 | substantially equivalent to those set forth in this | ||||||
| 19 | Section. | ||||||
| 20 | (11) Directly or indirectly giving to or receiving | ||||||
| 21 | from any person, firm, corporation, partnership, or | ||||||
| 22 | association any fee, commission, rebate, or other form of | ||||||
| 23 | compensation for any professional service not actually | ||||||
| 24 | rendered. | ||||||
| 25 | (12) A finding by the Department that the registrant, | ||||||
| 26 | after having the registration placed on probationary | ||||||
| |||||||
| |||||||
| 1 | status, has violated or failed to comply with the terms of | ||||||
| 2 | probation. | ||||||
| 3 | (13) A finding by the Department that the registrant | ||||||
| 4 | has failed to pay a fine imposed by the Department. | ||||||
| 5 | (14) Being named as a perpetrator in an indicated | ||||||
| 6 | report by the Department of Children and Family Services | ||||||
| 7 | under the Abused and Neglected Child Reporting Act, and | ||||||
| 8 | upon proof by clear and convincing evidence that the | ||||||
| 9 | registrant has caused a child to be an abused child or | ||||||
| 10 | neglected child as defined in the Abused and Neglected | ||||||
| 11 | Child Reporting Act. | ||||||
| 12 | (15) Solicitation of professional services by using | ||||||
| 13 | false or misleading advertising in any manner that is | ||||||
| 14 | false, misleading, or deceptive. | ||||||
| 15 | (16) Inability to practice the profession with | ||||||
| 16 | reasonable judgment, skill, or safety as a result of | ||||||
| 17 | physical illness, including, but not limited to, | ||||||
| 18 | deterioration through the aging process, loss of motor | ||||||
| 19 | skill, mental illness, or disability. | ||||||
| 20 | (17) Using or attempting to use an expired, inactive, | ||||||
| 21 | suspended, or revoked, canceled, nonrenewed, or otherwise | ||||||
| 22 | inoperative registration, using or the seal of another | ||||||
| 23 | registrant, or impersonating another registrant. | ||||||
| 24 | (18) Signing, affixing, or allowing the registered | ||||||
| 25 | landscape architect's seal to be affixed to any plans not | ||||||
| 26 | prepared by the registered landscape architect or under | ||||||
| |||||||
| |||||||
| 1 | the registered landscape architect's supervision. | ||||||
| 2 | (19) Practicing, attempting to practice, or | ||||||
| 3 | advertising under a name other than the full name as shown | ||||||
| 4 | on the certificate of registration or any other legally | ||||||
| 5 | authorized name. | ||||||
| 6 | (20) Performing any act or practice that is a | ||||||
| 7 | violation of the Consumer Fraud and Deceptive Business | ||||||
| 8 | Practices Act. | ||||||
| 9 | (21) Treating any person differently to the person's | ||||||
| 10 | detriment because of the person's race, color, creed, | ||||||
| 11 | gender, age, religion, or national origin. | ||||||
| 12 | (22) Violating any final administrative order of the | ||||||
| 13 | Secretary. | ||||||
| 14 | (23) Gross and willful overcharging for professional | ||||||
| 15 | services, including filing false statements for the | ||||||
| 16 | collection of fees or moneys for which services are not | ||||||
| 17 | rendered. | ||||||
| 18 | (b) The Department may refuse to issue or may suspend the | ||||||
| 19 | registration of any person who fails to file a return, fails to | ||||||
| 20 | pay the tax, penalty, or interest showing in a filed return, or | ||||||
| 21 | fails to pay any final assessment of tax, penalty, or | ||||||
| 22 | interest, as required by any tax Act administered by the | ||||||
| 23 | Department of Revenue, until any such tax Act are satisfied. | ||||||
| 24 | (c) The determination or entry of a decree by any circuit | ||||||
| 25 | court establishing that any person holding a certificate of | ||||||
| 26 | registration under this Act is a person subject to involuntary | ||||||
| |||||||
| |||||||
| 1 | admission under the Mental Health and Developmental | ||||||
| 2 | Disabilities Code shall operate as a suspension of that | ||||||
| 3 | registration. That person may resume using the title | ||||||
| 4 | "registered landscape architect" or "landscape architect" only | ||||||
| 5 | upon a finding by the Department that the person he or she has | ||||||
| 6 | been determined to be no longer subject to involuntary | ||||||
| 7 | admission by the court and meeting the requirements for | ||||||
| 8 | restoration as required by this Act and its rules. | ||||||
| 9 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| 10 | (225 ILCS 316/95) | ||||||
| 11 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 12 | Sec. 95. Record of proceedings. | ||||||
| 13 | (a) The Department, at its expense, shall provide a | ||||||
| 14 | certified shorthand reporter to take down the testimony and | ||||||
| 15 | preserve a record of all proceedings in which a registrant may | ||||||
| 16 | have their registration revoked or suspended or in which the | ||||||
| 17 | registrant may be placed on probationary status, reprimanded, | ||||||
| 18 | fined, or subjected to other disciplinary action with | ||||||
| 19 | reference to the registration when a disciplinary action is | ||||||
| 20 | authorized under this Act and rules issued pursuant to this | ||||||
| 21 | Act. The notice of hearing, complaint, and all other documents | ||||||
| 22 | in the nature of pleadings and written motions filed in the | ||||||
| 23 | proceedings, the transcript of the testimony, and the orders | ||||||
| 24 | of the Department shall be the record of the proceedings. The | ||||||
| 25 | record may be made available to any person interested in the | ||||||
| |||||||
| |||||||
| 1 | hearing upon payment of the fee required by Section 2105-115 | ||||||
| 2 | of the Department of Professional Regulation Law of the Civil | ||||||
| 3 | Administrative Code of Illinois. | ||||||
| 4 | (b) The Department may contract for court reporting | ||||||
| 5 | services, and, if it does so, the Department shall provide the | ||||||
| 6 | name and contact information for the certified shorthand | ||||||
| 7 | reporter who transcribed the testimony at a hearing to any | ||||||
| 8 | person interested, who may obtain a copy of the transcript of | ||||||
| 9 | any proceedings at a hearing upon payment of the fee specified | ||||||
| 10 | by the certified shorthand reporter. | ||||||
| 11 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| 12 | (225 ILCS 316/110) | ||||||
| 13 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 14 | Sec. 110. Hearing; motion for rehearing. | ||||||
| 15 | (a) The hearing officer appointed by the Secretary shall | ||||||
| 16 | hear evidence in support of the formal charges and evidence | ||||||
| 17 | produced by the registrant. At the conclusion of the hearing, | ||||||
| 18 | the hearing officer shall present to the Secretary a written | ||||||
| 19 | report of the hearing officer's his or her findings of fact, | ||||||
| 20 | conclusions of law, and recommendations. | ||||||
| 21 | (b) At the conclusion of the hearing, a copy of the hearing | ||||||
| 22 | officer's report shall be served upon the applicant or | ||||||
| 23 | registrant, either personally or as provided in this Act for | ||||||
| 24 | the service of the notice of hearing. Within 20 days after such | ||||||
| 25 | service, the applicant or registrant may present to the | ||||||
| |||||||
| |||||||
| 1 | Department a motion, in writing, for a rehearing which shall | ||||||
| 2 | specify the particular grounds for rehearing. The Department | ||||||
| 3 | may respond to the motion for rehearing within 20 days after | ||||||
| 4 | its service on the Department. If no motion for rehearing is | ||||||
| 5 | filed, then upon the expiration of the time specified for | ||||||
| 6 | filing such a motion, or upon denial of a motion for rehearing, | ||||||
| 7 | the Secretary may enter an order in accordance with the | ||||||
| 8 | recommendations of the hearing officer. If the applicant or | ||||||
| 9 | registrant orders from the reporting service and pays for a | ||||||
| 10 | transcript of the record within the time for filing a motion | ||||||
| 11 | for rehearing, the 20-day period within which a motion may be | ||||||
| 12 | filed shall commence upon delivery of the transcript to the | ||||||
| 13 | applicant or registrant. | ||||||
| 14 | (c) If the Secretary disagrees in any regard with the | ||||||
| 15 | report of the hearing officer, the Secretary may issue an | ||||||
| 16 | order contrary to the hearing officer's report. | ||||||
| 17 | (d) If the Secretary is not satisfied that substantial | ||||||
| 18 | justice has been done, the Secretary may order a hearing by the | ||||||
| 19 | same or another hearing officer. | ||||||
| 20 | (e) At any point in any investigation or disciplinary | ||||||
| 21 | proceeding provided for in this Act, both parties may agree to | ||||||
| 22 | a negotiated consent order. The consent order shall be final | ||||||
| 23 | upon signature of the Secretary. | ||||||
| 24 | (Source: P.A. 102-284, eff. 8-6-21.) | ||||||
| 25 | Section 30. The Community Association Manager Licensing | ||||||
| |||||||
| |||||||
| 1 | and Disciplinary Act is amended by changing Sections 10, 20, | ||||||
| 2 | 40, 55, 60, 75, 85, 85.1, 86, 95, and 120 as follows: | ||||||
| 3 | (225 ILCS 427/10) | ||||||
| 4 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 5 | Sec. 10. Definitions. As used in this Act: | ||||||
| 6 | "Address of record" means the designated street address, | ||||||
| 7 | which may not be a post office box, recorded by the Department | ||||||
| 8 | in the applicant's or licensee's application file or license | ||||||
| 9 | file maintained by the Department. | ||||||
| 10 | "Advertise" means, but is not limited to, issuing or | ||||||
| 11 | causing to be distributed any card, sign or device to any | ||||||
| 12 | person; or causing, permitting or allowing any sign or marking | ||||||
| 13 | on or in any building, structure, newspaper, magazine or | ||||||
| 14 | directory, or on radio or television; or advertising by any | ||||||
| 15 | other means designed to secure public attention, including, | ||||||
| 16 | but not limited to, print, electronic, social media, and | ||||||
| 17 | digital forums. | ||||||
| 18 | "Board" means the Community Association Manager Licensing | ||||||
| 19 | and Disciplinary Board. | ||||||
| 20 | "Community association" means an association in which | ||||||
| 21 | membership is a condition of ownership or shareholder interest | ||||||
| 22 | of a unit in a condominium, cooperative, townhouse, villa, or | ||||||
| 23 | other residential unit which is part of a residential | ||||||
| 24 | development plan and that is authorized to impose an | ||||||
| 25 | assessment, rents, or other costs that may become a lien on the | ||||||
| |||||||
| |||||||
| 1 | unit or lot. | ||||||
| 2 | "Community association funds" means any assessments, fees, | ||||||
| 3 | fines, or other funds collected by the community association | ||||||
| 4 | manager from the community association, or its members, other | ||||||
| 5 | than the compensation paid to the community association | ||||||
| 6 | manager for performance of community association management | ||||||
| 7 | services. | ||||||
| 8 | "Community association management firm" means a company, | ||||||
| 9 | corporation, limited liability company, partnership, or other | ||||||
| 10 | entity that engages in community association management | ||||||
| 11 | services. | ||||||
| 12 | "Community association management services" means those | ||||||
| 13 | services listed in the definition of community association | ||||||
| 14 | manager in this Section. | ||||||
| 15 | "Community association manager" means an individual who: | ||||||
| 16 | (1) has an ownership interest in or is employed by a | ||||||
| 17 | community association management firm, or is directly | ||||||
| 18 | employed by or provides services as an independent | ||||||
| 19 | contractor to a community association; and | ||||||
| 20 | (2) administers for remuneration the financial, | ||||||
| 21 | administrative, maintenance, or other duties for the | ||||||
| 22 | community association, including the following services: | ||||||
| 23 | (A) collecting, controlling or disbursing funds of | ||||||
| 24 | the community association or having the authority to | ||||||
| 25 | do so; | ||||||
| 26 | (B) preparing budgets or other financial documents | ||||||
| |||||||
| |||||||
| 1 | for the community association; | ||||||
| 2 | (C) assisting in the conduct of community | ||||||
| 3 | association meetings; | ||||||
| 4 | (D) maintaining association records; | ||||||
| 5 | (E) administering association contracts or | ||||||
| 6 | procuring goods and services in accordance with the | ||||||
| 7 | declaration, bylaws, proprietary lease, declaration of | ||||||
| 8 | covenants, or other governing document of the | ||||||
| 9 | community association or at the direction of the board | ||||||
| 10 | of managers; and | ||||||
| 11 | (F) coordinating financial, administrative, | ||||||
| 12 | maintenance, or other duties called for in the | ||||||
| 13 | management contract, including individuals who are | ||||||
| 14 | direct employees of the community association. | ||||||
| 15 | "Community association manager" does not mean support | ||||||
| 16 | staff, including, but not limited to bookkeepers, | ||||||
| 17 | administrative assistants, secretaries, property inspectors, | ||||||
| 18 | or customer service representatives. | ||||||
| 19 | "Department" means the Department of Financial and | ||||||
| 20 | Professional Regulation. | ||||||
| 21 | "Designated community association manager" means a | ||||||
| 22 | licensed community association manager who: (1) has an | ||||||
| 23 | ownership interest in or is employed by a community | ||||||
| 24 | association management firm to act as a controlling person; | ||||||
| 25 | and (2) is the authorized signatory or has delegated signing | ||||||
| 26 | authority for the firm on community association accounts; and | ||||||
| |||||||
| |||||||
| 1 | (3) supervises, manages, and is responsible for the firm's | ||||||
| 2 | community association manager activities pursuant to Section | ||||||
| 3 | 50 of this Act. | ||||||
| 4 | "Email address of record" means the designated email | ||||||
| 5 | address recorded by the Department in the applicant's | ||||||
| 6 | application file or the licensee's license file, as maintained | ||||||
| 7 | by the Department. | ||||||
| 8 | "License" means the privilege conferred by the Department | ||||||
| 9 | to a person that has fulfilled all requirements prerequisite | ||||||
| 10 | to any type of licensure under this Act. | ||||||
| 11 | "Licensee" means any person licensed under this Act. | ||||||
| 12 | "Person" means any individual, corporation, partnership, | ||||||
| 13 | limited liability company, or other legal entity. | ||||||
| 14 | "Secretary" means the Secretary of Financial and | ||||||
| 15 | Professional Regulation or the Secretary's designee. | ||||||
| 16 | (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.) | ||||||
| 17 | (225 ILCS 427/20) | ||||||
| 18 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 19 | Sec. 20. Exemptions. | ||||||
| 20 | (a) The requirement for holding a license under this Act | ||||||
| 21 | shall not apply to any of the following: | ||||||
| 22 | (1) Any director or officer of a community association | ||||||
| 23 | providing one or more of the services of a community | ||||||
| 24 | association manager to a community association without | ||||||
| 25 | compensation for such services to the association. | ||||||
| |||||||
| |||||||
| 1 | (2) Any person providing one or more of the services | ||||||
| 2 | of a community association manager to a community | ||||||
| 3 | association of 10 units or less. | ||||||
| 4 | (3) A licensed attorney acting solely as an incident | ||||||
| 5 | to the practice of law. | ||||||
| 6 | (4) An individual acting as a receiver, trustee in | ||||||
| 7 | bankruptcy, administrator, executor, or guardian acting | ||||||
| 8 | under a court order or under the authority of a court. | ||||||
| 9 | (5) A person licensed in this State under any other | ||||||
| 10 | Act who engages in practices or activities specifically | ||||||
| 11 | authorized by the Act pursuant to which the license was | ||||||
| 12 | granted. | ||||||
| 13 | (6) An unlicensed owner who does not perform a | ||||||
| 14 | licensed activity and the unlicensed owner's support | ||||||
| 15 | staff, including, but not limited to bookkeepers, | ||||||
| 16 | administrative assistants, secretaries, property | ||||||
| 17 | inspectors, or customer service representatives. | ||||||
| 18 | (b) A licensed community association manager may not | ||||||
| 19 | perform or engage in any activities for which a real estate | ||||||
| 20 | managing broker, real estate broker, or residential leasing | ||||||
| 21 | agent license is required under the Real Estate License Act of | ||||||
| 22 | 2000, unless the licensee also possesses a current and valid | ||||||
| 23 | license under the Real Estate License Act of 2000 and is | ||||||
| 24 | providing those services as provided for in the Real Estate | ||||||
| 25 | License Act of 2000 and the applicable rules. | ||||||
| 26 | (c) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 2 | (225 ILCS 427/40) | ||||||
| 3 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 4 | Sec. 40. Qualifications for licensure as a community | ||||||
| 5 | association manager. | ||||||
| 6 | (a) No person shall be qualified for licensure as a | ||||||
| 7 | community association manager under this Act unless the person | ||||||
| 8 | has applied in writing on the prescribed forms and has paid the | ||||||
| 9 | required, nonrefundable fees and has met all of the following | ||||||
| 10 | qualifications: | ||||||
| 11 | (1) Is at least 18 years of age. | ||||||
| 12 | (1.5) Successfully completed a 4-year course of study | ||||||
| 13 | in a high school, secondary school, or an equivalent | ||||||
| 14 | course of study approved by the state in which the school | ||||||
| 15 | is located, or possess a State of Illinois High School | ||||||
| 16 | Diploma, which shall be verified under oath by the | ||||||
| 17 | applicant. | ||||||
| 18 | (2) Provided satisfactory evidence of having completed | ||||||
| 19 | at least 20 classroom hours in community association | ||||||
| 20 | management courses approved by the Board. | ||||||
| 21 | (3) Passed an examination authorized by the | ||||||
| 22 | Department. | ||||||
| 23 | (4) Has not committed an act or acts, in this or any | ||||||
| 24 | other jurisdiction, that would be a violation of this Act. | ||||||
| 25 | (5) Is of good moral character. In determining moral | ||||||
| |||||||
| |||||||
| 1 | character under this Section, the Department may take into | ||||||
| 2 | consideration whether the applicant has engaged in conduct | ||||||
| 3 | or activities that would constitute grounds for discipline | ||||||
| 4 | under this Act. Good moral character is a continuing | ||||||
| 5 | requirement of licensure. Conviction of crimes may be used | ||||||
| 6 | in determining moral character, but shall not constitute | ||||||
| 7 | an absolute bar to licensure. | ||||||
| 8 | (6) (Blank). Has not been declared by any court of | ||||||
| 9 | competent jurisdiction to be incompetent by reason of | ||||||
| 10 | mental or physical defect or disease, unless subsequently | ||||||
| 11 | declared by a court to be competent. | ||||||
| 12 | (7) Complies with any additional qualifications for | ||||||
| 13 | licensure as determined by rule of the Department. | ||||||
| 14 | (b) (Blank). | ||||||
| 15 | (c) (Blank). | ||||||
| 16 | (d) Applicants have 3 years from the date of application | ||||||
| 17 | to complete the application process. If the process has not | ||||||
| 18 | been completed within the 3 years, the application shall be | ||||||
| 19 | denied, the fee shall be forfeited, and the applicant must | ||||||
| 20 | reapply and meet the requirements in effect at the time of | ||||||
| 21 | re-application. | ||||||
| 22 | (e) The Department shall not require applicants to report | ||||||
| 23 | the following information and shall not consider the following | ||||||
| 24 | criminal history records in connection with an application for | ||||||
| 25 | licensure: | ||||||
| 26 | (1) juvenile adjudications of delinquent minors as | ||||||
| |||||||
| |||||||
| 1 | defined in Section 5-105 of the Juvenile Court Act of 1987 | ||||||
| 2 | subject to the restrictions set forth in Section 5-130 of | ||||||
| 3 | that Act; | ||||||
| 4 | (2) law enforcement records, court records, and | ||||||
| 5 | conviction records of an individual who was 17 years old | ||||||
| 6 | at the time of the offense and before January 1, 2014, | ||||||
| 7 | unless the nature of the offense required the individual | ||||||
| 8 | to be tried as an adult; | ||||||
| 9 | (3) records of arrest not followed by a charge or | ||||||
| 10 | conviction; | ||||||
| 11 | (4) records of arrest in which the charges were | ||||||
| 12 | dismissed unless related to the practice of the | ||||||
| 13 | profession; however, applicants shall not be asked to | ||||||
| 14 | report any arrests, and an arrest not followed by a | ||||||
| 15 | conviction shall not be the basis of a denial and may be | ||||||
| 16 | used only to assess an applicant's rehabilitation; | ||||||
| 17 | (5) convictions overturned by a higher court; or | ||||||
| 18 | (6) convictions or arrests that have been sealed or | ||||||
| 19 | expunged. | ||||||
| 20 | (f) An applicant or licensee shall report to the | ||||||
| 21 | Department, in a manner prescribed by the Department, and | ||||||
| 22 | within 30 days after the occurrence if during the term of | ||||||
| 23 | licensure: (i) any conviction of or plea of guilty or nolo | ||||||
| 24 | contendere to forgery, embezzlement, obtaining money under | ||||||
| 25 | false pretenses, larceny, extortion, conspiracy to defraud, or | ||||||
| 26 | any similar offense or offenses or any conviction of a felony | ||||||
| |||||||
| |||||||
| 1 | involving moral turpitude; (ii) the entry of an administrative | ||||||
| 2 | sanction by a governmental government agency in this State or | ||||||
| 3 | any other jurisdiction that has as an essential element | ||||||
| 4 | dishonesty or fraud or involves larceny, embezzlement, or | ||||||
| 5 | obtaining money, property, or credit by false pretenses; or | ||||||
| 6 | (iii) any conviction of or plea of guilty or nolo contendere to | ||||||
| 7 | a crime that subjects the licensee to compliance with the | ||||||
| 8 | requirements of the Sex Offender Registration Act. | ||||||
| 9 | (Source: P.A. 102-20, eff. 1-1-22; 102-1100, eff. 1-1-23.) | ||||||
| 10 | (225 ILCS 427/55) | ||||||
| 11 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 12 | Sec. 55. Insurance Fidelity insurance; segregation of | ||||||
| 13 | accounts; records. | ||||||
| 14 | (a) The designated community association manager or the | ||||||
| 15 | community association management firm that employs the | ||||||
| 16 | designated community association manager shall not have access | ||||||
| 17 | to and disburse community association funds unless each of the | ||||||
| 18 | following conditions occur: | ||||||
| 19 | (1) There is fidelity or crime insurance in place to | ||||||
| 20 | insure against loss or theft of community association | ||||||
| 21 | funds. | ||||||
| 22 | (2) The fidelity or crime insurance is in the maximum | ||||||
| 23 | amount of coverage available to protect funds in the | ||||||
| 24 | custody or control of the designated community association | ||||||
| 25 | manager or community association management firm providing | ||||||
| |||||||
| |||||||
| 1 | service to the association. | ||||||
| 2 | Nothing in this Section shall require that fidelity | ||||||
| 3 | coverage be issued when a crime insurance policy with | ||||||
| 4 | equivalent or broader coverage is already in place. | ||||||
| 5 | (3) During the term and coverage period of the | ||||||
| 6 | insurance, the fidelity or crime insurance shall cover: | ||||||
| 7 | (A) the designated community association manager; | ||||||
| 8 | (B) the community association management firm; | ||||||
| 9 | (C) all community association managers; | ||||||
| 10 | (D) all partners, officers, and employees of the | ||||||
| 11 | community association management firm; and | ||||||
| 12 | (E) the community association officers, directors, | ||||||
| 13 | and employees. | ||||||
| 14 | (4) The insurance company issuing the fidelity or | ||||||
| 15 | crime insurance may not cancel or refuse to renew the | ||||||
| 16 | coverage bond without giving at least 10 days' prior | ||||||
| 17 | written notice. | ||||||
| 18 | (5) Unless an agreement between the community | ||||||
| 19 | association and the designated community association | ||||||
| 20 | manager or the community association management firm | ||||||
| 21 | provides to the contrary, a community association may | ||||||
| 22 | secure and pay for the fidelity or crime insurance | ||||||
| 23 | required by this Section. The designated community | ||||||
| 24 | association manager, all other licensees, and the | ||||||
| 25 | community association management firm must be named as | ||||||
| 26 | additional insured parties on the community association | ||||||
| |||||||
| |||||||
| 1 | policy. If the fidelity or crime insurance is not secured | ||||||
| 2 | and paid for by the association, the designated community | ||||||
| 3 | association manager or the community association | ||||||
| 4 | management firm that secures and pays for the insurance | ||||||
| 5 | shall provide a current certificate of fidelity or crime | ||||||
| 6 | insurance to the community association for which it | ||||||
| 7 | provides community association management services within | ||||||
| 8 | 10 days of a request for such certificate by the community | ||||||
| 9 | association for its records. | ||||||
| 10 | (b) A community association management firm that provides | ||||||
| 11 | community association management services for more than one | ||||||
| 12 | community association shall maintain separate, segregated | ||||||
| 13 | accounts for each community association. The funds shall not, | ||||||
| 14 | in any event, be commingled with the funds of the community | ||||||
| 15 | association manager, the community association management | ||||||
| 16 | firm, or any other community association. The maintenance of | ||||||
| 17 | such accounts shall be custodial, and such accounts shall be | ||||||
| 18 | in the name of the respective community association. | ||||||
| 19 | (c) The designated community association manager or | ||||||
| 20 | community association management firm shall obtain the | ||||||
| 21 | appropriate general liability and errors and omissions | ||||||
| 22 | insurance, as determined by the Department, to cover any | ||||||
| 23 | losses or claims against a community association manager, the | ||||||
| 24 | designated community association manager, or the community | ||||||
| 25 | association management firm. The designated community | ||||||
| 26 | association manager or the community association management | ||||||
| |||||||
| |||||||
| 1 | firm shall provide a current certificate of general liability | ||||||
| 2 | and errors and omissions insurance to the community | ||||||
| 3 | association for which it provides community association | ||||||
| 4 | management services within 10 days of a request for such | ||||||
| 5 | certificate by the community association for its records. | ||||||
| 6 | (c-5) The Department shall have the authority to audit or | ||||||
| 7 | inspect any electronic or physical record, account, document, | ||||||
| 8 | book, form, or file required to be created or maintained by | ||||||
| 9 | this Act. | ||||||
| 10 | (d) The Department shall have authority to promulgate | ||||||
| 11 | additional rules regarding insurance, fidelity or crime | ||||||
| 12 | insurance, and all records and accounts required maintained | ||||||
| 13 | and to be maintained by a community association manager, | ||||||
| 14 | designated community association manager, or community | ||||||
| 15 | association management firm. | ||||||
| 16 | (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.) | ||||||
| 17 | (225 ILCS 427/60) | ||||||
| 18 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 19 | Sec. 60. Licenses; renewals; restoration; person in | ||||||
| 20 | military service. | ||||||
| 21 | (a) The expiration date, fees, and renewal period for each | ||||||
| 22 | license issued under this Act shall be set by rule. The | ||||||
| 23 | Department may promulgate rules requiring pre-license or | ||||||
| 24 | continuing education and set all necessary requirements for | ||||||
| 25 | such, including, but not limited to, fees. , approved | ||||||
| |||||||
| |||||||
| 1 | coursework, number of hours, and waivers of continuing | ||||||
| 2 | education. | ||||||
| 3 | (a-5) A community association manager whose license has | ||||||
| 4 | lapsed or expired may renew the license without examination | ||||||
| 5 | for a time period of up to 2 years following the expiration | ||||||
| 6 | date of the license. The licensee shall complete an | ||||||
| 7 | application to the Department, provide evidence of the | ||||||
| 8 | licensee's successful completion of all hours of approved | ||||||
| 9 | continuing education during the period of time the license had | ||||||
| 10 | lapsed, and pay all fees as required by rule. | ||||||
| 11 | (b) A community association manager whose license has been | ||||||
| 12 | lapsed or expired for more than 2 years but less than 5 years | ||||||
| 13 | following the expiration date of the license may restore the | ||||||
| 14 | license without examination by (i) applying to the Department, | ||||||
| 15 | (ii) providing evidence of the community association manager's | ||||||
| 16 | successful completion of all hours of approved continuing | ||||||
| 17 | education during the lapsed periods prior to the date of the | ||||||
| 18 | application, (iii) paying the required fees, and (iv) | ||||||
| 19 | satisfying any other requirements as established by rule. A | ||||||
| 20 | community association manager whose license has been expired | ||||||
| 21 | for more than 5 years shall be required to meet the | ||||||
| 22 | requirements of a new license. Any licensee who has an expired | ||||||
| 23 | license may have the license restored by applying to the | ||||||
| 24 | Department and filing proof acceptable to the Department of | ||||||
| 25 | fitness to have the expired license restored, which may | ||||||
| 26 | include sworn evidence certifying to active practice in | ||||||
| |||||||
| |||||||
| 1 | another jurisdiction satisfactory to the Department, complying | ||||||
| 2 | with any continuing education requirements, and paying the | ||||||
| 3 | required restoration fee. | ||||||
| 4 | (c) Any person whose license expired while (i) in federal | ||||||
| 5 | service on active duty with the Armed Forces of the United | ||||||
| 6 | States or called into service or training with the State | ||||||
| 7 | Militia, (ii) in training or education under the supervision | ||||||
| 8 | of the United States preliminary to induction into the | ||||||
| 9 | military service, or (iii) serving as an employee of the | ||||||
| 10 | Department may have the license renewed or restored without | ||||||
| 11 | paying any lapsed renewal fees and without completing the | ||||||
| 12 | continuing education requirements for that licensure period | ||||||
| 13 | if, within 2 years after honorable termination of the service, | ||||||
| 14 | training, or education, except under condition other than | ||||||
| 15 | honorable, the licensee furnishes the Department with | ||||||
| 16 | satisfactory evidence of engagement and that the service, | ||||||
| 17 | training, or education has been so honorably terminated. | ||||||
| 18 | (d) A community association manager or community | ||||||
| 19 | association management firm that notifies the Department, in a | ||||||
| 20 | manner prescribed by the Department, may place the license on | ||||||
| 21 | inactive status for a period not to exceed 2 years and shall be | ||||||
| 22 | excused from the payment of renewal fees until the person | ||||||
| 23 | notifies the Department in writing of the intention to resume | ||||||
| 24 | active practice. | ||||||
| 25 | (e) A community association manager or community | ||||||
| 26 | association management firm requesting that the license be | ||||||
| |||||||
| |||||||
| 1 | changed from inactive to active status shall be required to | ||||||
| 2 | pay the current renewal fee and shall also demonstrate | ||||||
| 3 | compliance with the continuing education requirements. | ||||||
| 4 | (f) No licensee with a nonrenewed or inactive license | ||||||
| 5 | status or community association management firm operating | ||||||
| 6 | without a designated community association manager shall | ||||||
| 7 | provide community association management services as set forth | ||||||
| 8 | in this Act. | ||||||
| 9 | (g) Any person violating subsection (f) of this Section | ||||||
| 10 | shall be considered to be practicing without a license and | ||||||
| 11 | will be subject to the disciplinary provisions of this Act. | ||||||
| 12 | (h) The Department shall not issue or renew a license if | ||||||
| 13 | the applicant or licensee has an unpaid fine or fee from a | ||||||
| 14 | disciplinary matter or from a non-disciplinary action imposed | ||||||
| 15 | by the Department until the fine or fee is paid to the | ||||||
| 16 | Department or the applicant or licensee has entered into a | ||||||
| 17 | payment plan and is current on the required payments. | ||||||
| 18 | (i) The Department shall not issue or renew a license if | ||||||
| 19 | the applicant or licensee has an unpaid fine or civil penalty | ||||||
| 20 | imposed by the Department for unlicensed practice until the | ||||||
| 21 | fine or civil penalty is paid to the Department or the | ||||||
| 22 | applicant or licensee has entered into a payment plan and is | ||||||
| 23 | current on the required payments. | ||||||
| 24 | (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; | ||||||
| 25 | 103-236, eff. 1-1-24.) | ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 427/75) | ||||||
| 2 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 3 | Sec. 75. Endorsement. The Department may issue a | ||||||
| 4 | community association manager license without the required | ||||||
| 5 | examination, to an applicant licensed under the laws of | ||||||
| 6 | another state or jurisdiction without the required | ||||||
| 7 | examination. if the requirements for licensure in that state | ||||||
| 8 | are, on the date of licensure, substantially equal to the | ||||||
| 9 | requirements of this Act or to a person who, at the time of | ||||||
| 10 | application for licensure, possessed individual qualifications | ||||||
| 11 | that were substantially equivalent to the requirements then in | ||||||
| 12 | force in this State. An applicant under this Section shall pay | ||||||
| 13 | all of the required fees. | ||||||
| 14 | An applicant under this Section shall pay all the required | ||||||
| 15 | fees and All applicants under this Act have 3 years from the | ||||||
| 16 | date of application to complete the application process. If | ||||||
| 17 | the process has not been completed within the 3 years, the | ||||||
| 18 | application shall be denied, the fee shall be forfeited, and | ||||||
| 19 | the applicant must reapply and meet the requirements in effect | ||||||
| 20 | at the time of reapplication. | ||||||
| 21 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 22 | (225 ILCS 427/85) | ||||||
| 23 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 24 | Sec. 85. Grounds for discipline; refusal, revocation, or | ||||||
| 25 | suspension. | ||||||
| |||||||
| |||||||
| 1 | (a) The Department may refuse to issue or renew a license, | ||||||
| 2 | or may place on probation, reprimand, suspend, or revoke any | ||||||
| 3 | license, or take any other disciplinary or non-disciplinary | ||||||
| 4 | action as the Department may deem proper and impose a fine not | ||||||
| 5 | to exceed $10,000 for each violation upon any licensee or | ||||||
| 6 | applicant under this Act or any person or entity who holds | ||||||
| 7 | oneself out as an applicant or licensee for any one or | ||||||
| 8 | combination of the following causes: | ||||||
| 9 | (1) Material misstatement in furnishing information to | ||||||
| 10 | the Department. | ||||||
| 11 | (2) Violations of this Act or its rules. | ||||||
| 12 | (3) Conviction of or entry of a plea of guilty or plea | ||||||
| 13 | of nolo contendere, as set forth in subsection (f) of | ||||||
| 14 | Section 40, to (i) a felony or a misdemeanor under the laws | ||||||
| 15 | of the United States, any state, or any other jurisdiction | ||||||
| 16 | or entry of an administrative sanction by a governmental | ||||||
| 17 | government agency in this State or any other jurisdiction | ||||||
| 18 | or (ii) a crime that subjects the licensee to compliance | ||||||
| 19 | with the requirements of the Sex Offender Registration | ||||||
| 20 | Act; or the entry of an administrative sanction by a | ||||||
| 21 | governmental government agency in this State or any other | ||||||
| 22 | jurisdiction. | ||||||
| 23 | (4) Making any misrepresentation for the purpose of | ||||||
| 24 | obtaining a license or violating any provision of this Act | ||||||
| 25 | or its rules. | ||||||
| 26 | (5) Professional incompetence. | ||||||
| |||||||
| |||||||
| 1 | (6) Gross negligence. | ||||||
| 2 | (7) Aiding or assisting another person in violating | ||||||
| 3 | any provision of this Act or its rules. | ||||||
| 4 | (8) Failing, within 30 days, to provide information in | ||||||
| 5 | response to a request made by the Department. | ||||||
| 6 | (9) Engaging in dishonorable, unethical, or | ||||||
| 7 | unprofessional conduct of a character likely to deceive, | ||||||
| 8 | defraud, or harm the public as defined by the rules of the | ||||||
| 9 | Department, or violating the rules of professional conduct | ||||||
| 10 | adopted by the Department. | ||||||
| 11 | (10) Habitual or excessive use or addiction to | ||||||
| 12 | alcohol, narcotics, stimulants, or any other chemical | ||||||
| 13 | agent or drug that results in the inability to practice | ||||||
| 14 | with reasonable judgment, skill, or safety, and which may | ||||||
| 15 | result in significant harm to the public. | ||||||
| 16 | (11) Having been disciplined by another state, the | ||||||
| 17 | District of Columbia, a territory, a foreign nation, or a | ||||||
| 18 | governmental agency authorized to impose discipline if at | ||||||
| 19 | least one of the grounds for the discipline is the same or | ||||||
| 20 | substantially equivalent of one of the grounds for which a | ||||||
| 21 | licensee may be disciplined under this Act. A certified | ||||||
| 22 | copy of the record of the action by the other state or | ||||||
| 23 | jurisdiction shall be prima facie evidence thereof. | ||||||
| 24 | (12) Directly or indirectly giving to or receiving | ||||||
| 25 | from any person, firm, corporation, partnership, or | ||||||
| 26 | association any fee, commission, rebate, or other form of | ||||||
| |||||||
| |||||||
| 1 | compensation for any services not actually or personally | ||||||
| 2 | rendered. | ||||||
| 3 | (13) A finding by the Department that the licensee, | ||||||
| 4 | after having the license placed on probationary status, | ||||||
| 5 | has violated the terms of probation. | ||||||
| 6 | (14) Willfully making or filing false records or | ||||||
| 7 | reports relating to a licensee's practice, including, but | ||||||
| 8 | not limited to, false records filed with any State or | ||||||
| 9 | federal agencies or departments. | ||||||
| 10 | (15) Being named as a perpetrator in an indicated | ||||||
| 11 | report by the Department of Children and Family Services | ||||||
| 12 | under the Abused and Neglected Child Reporting Act and | ||||||
| 13 | upon proof by clear and convincing evidence that the | ||||||
| 14 | licensee has caused a child to be an abused child or | ||||||
| 15 | neglected child as defined in the Abused and Neglected | ||||||
| 16 | Child Reporting Act. | ||||||
| 17 | (16) Physical illness or mental illness or impairment | ||||||
| 18 | that results in the inability to practice the profession | ||||||
| 19 | with reasonable judgment, skill, or safety. | ||||||
| 20 | (17) Solicitation of professional services by using | ||||||
| 21 | false or misleading advertising. | ||||||
| 22 | (18) A finding that licensure has been applied for or | ||||||
| 23 | obtained by fraudulent means. | ||||||
| 24 | (19) Practicing or attempting to practice under a name | ||||||
| 25 | other than the full name as shown on the license or any | ||||||
| 26 | other legally authorized name unless approved by the | ||||||
| |||||||
| |||||||
| 1 | Department. | ||||||
| 2 | (20) Gross overcharging for professional services | ||||||
| 3 | including, but not limited to, (i) collection of fees or | ||||||
| 4 | moneys for services that are not rendered; and (ii) | ||||||
| 5 | charging for services that are not in accordance with the | ||||||
| 6 | contract between the licensee and the community | ||||||
| 7 | association. | ||||||
| 8 | (21) Improper commingling of personal and client funds | ||||||
| 9 | in violation of this Act or any rules promulgated thereto. | ||||||
| 10 | (22) Failing to account for or remit any moneys or | ||||||
| 11 | documents coming into the licensee's possession that | ||||||
| 12 | belong to another person or entity. | ||||||
| 13 | (23) Giving differential treatment to a person that is | ||||||
| 14 | to that person's detriment on the basis of race, color, | ||||||
| 15 | sex, ancestry, age, order of protection status, marital | ||||||
| 16 | status, physical or mental disability, military status, | ||||||
| 17 | unfavorable discharge from military status, sexual | ||||||
| 18 | orientation, pregnancy, religion, or national origin. | ||||||
| 19 | (24) Performing and charging for services without | ||||||
| 20 | reasonable authorization to do so from the person or | ||||||
| 21 | entity for whom service is being provided. | ||||||
| 22 | (25) Failing to make available to the Department, upon | ||||||
| 23 | request, any books, records, or forms required by this | ||||||
| 24 | Act. | ||||||
| 25 | (26) Purporting to be a designated community | ||||||
| 26 | association manager of a firm without active participation | ||||||
| |||||||
| |||||||
| 1 | in the firm and having been designated as such. | ||||||
| 2 | (27) Failing to make available to the Department at | ||||||
| 3 | the time of the request any indicia of licensure issued | ||||||
| 4 | under this Act. | ||||||
| 5 | (28) Failing to maintain and deposit funds belonging | ||||||
| 6 | to a community association in accordance with subsection | ||||||
| 7 | (b) of Section 55 of this Act. | ||||||
| 8 | (29) Violating the terms of any order issued by the | ||||||
| 9 | Department. | ||||||
| 10 | (30) Operating a community association management firm | ||||||
| 11 | without a designated community association manager who | ||||||
| 12 | holds an active community association manager license. | ||||||
| 13 | (31) For a designated community association manager, | ||||||
| 14 | failing to meet the requirements for acting as a | ||||||
| 15 | designated community association manager. | ||||||
| 16 | (32) Failing to disclose to a community association | ||||||
| 17 | any compensation received by a licensee from a third party | ||||||
| 18 | in connection with or related to a transaction entered | ||||||
| 19 | into by the licensee on behalf of the community | ||||||
| 20 | association. | ||||||
| 21 | (33) Failing to disclose to a community association, | ||||||
| 22 | at the time of making the referral, that a licensee (A) has | ||||||
| 23 | greater than a 1% ownership interest in a third party to | ||||||
| 24 | which it refers the community association; or (B) receives | ||||||
| 25 | or may receive dividends or other profit sharing | ||||||
| 26 | distributions from a third party, other than a publicly | ||||||
| |||||||
| |||||||
| 1 | held or traded company, to which it refers the community | ||||||
| 2 | association. | ||||||
| 3 | (b) (Blank). | ||||||
| 4 | (c) The determination by a circuit court that a licensee | ||||||
| 5 | is subject to involuntary admission or judicial admission, as | ||||||
| 6 | provided in the Mental Health and Developmental Disabilities | ||||||
| 7 | Code, operates as an automatic suspension. The suspension will | ||||||
| 8 | terminate only upon a finding by a court that the patient is no | ||||||
| 9 | longer subject to involuntary admission or judicial admission | ||||||
| 10 | and the issuance of an order so finding and discharging the | ||||||
| 11 | patient, and upon the recommendation of the Board to the | ||||||
| 12 | Secretary that the licensee be allowed to resume practice as a | ||||||
| 13 | licensed community association manager. | ||||||
| 14 | (d) In accordance with subsection (g) of Section 2105-15 | ||||||
| 15 | of the Department of Professional Regulation Law of the Civil | ||||||
| 16 | Administrative Code of Illinois (20 ILCS 2105/2105-15), the | ||||||
| 17 | Department may refuse to issue or renew or may suspend the | ||||||
| 18 | license of any person who fails to file a return, to pay the | ||||||
| 19 | tax, penalty, or interest shown in a filed return, or to pay | ||||||
| 20 | any final assessment of tax, penalty, or interest, as required | ||||||
| 21 | by any tax Act administered by the Department of Revenue, | ||||||
| 22 | until such time as the requirements of that tax Act are | ||||||
| 23 | satisfied. | ||||||
| 24 | (e) In accordance with subdivision (a)(5) of Section | ||||||
| 25 | 2105-15 of the Department of Professional Regulation Law of | ||||||
| 26 | the Civil Administrative Code of Illinois (20 ILCS | ||||||
| |||||||
| |||||||
| 1 | 2105/2105-15) and in cases where the Department of Healthcare | ||||||
| 2 | and Family Services (formerly Department of Public Aid) has | ||||||
| 3 | previously determined that a licensee or a potential licensee | ||||||
| 4 | is more than 30 days delinquent in the payment of child support | ||||||
| 5 | and has subsequently certified the delinquency to the | ||||||
| 6 | Department, the Department may refuse to issue or renew or may | ||||||
| 7 | revoke or suspend that person's license or may take other | ||||||
| 8 | disciplinary action against that person based solely upon the | ||||||
| 9 | certification of delinquency made by the Department of | ||||||
| 10 | Healthcare and Family Services. | ||||||
| 11 | (f) (Blank). | ||||||
| 12 | (g) In accordance with subsection (g-5) of Section 2105-15 | ||||||
| 13 | of the Department of Professional Regulation Law of the Civil | ||||||
| 14 | Administrative Code of Illinois, the Department may refuse to | ||||||
| 15 | issue or renew, suspend, or revoke, without a hearing, the | ||||||
| 16 | license of any person or entity who fails to pay or secure | ||||||
| 17 | workers' compensation obligations as determined by and based | ||||||
| 18 | solely upon the certification of the Department of Insurance | ||||||
| 19 | or the Illinois Workers' Compensation Commission. | ||||||
| 20 | (Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24.) | ||||||
| 21 | (225 ILCS 427/85.1) | ||||||
| 22 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 23 | Sec. 85.1. Citations. | ||||||
| 24 | (a) The Department may adopt rules to permit the issuance | ||||||
| 25 | of citations to any licensee for failure to comply with the | ||||||
| |||||||
| |||||||
| 1 | continuing education requirements set forth in this Act or as | ||||||
| 2 | established by rule. The citation shall be issued to the | ||||||
| 3 | licensee and a copy sent to the licensee's designated | ||||||
| 4 | community association manager, if any, and shall contain the | ||||||
| 5 | licensee's name, the licensee's address, the licensee's | ||||||
| 6 | license number, the number of required hours of continuing | ||||||
| 7 | education that have not been successfully completed on or | ||||||
| 8 | before by the licensee's renewal deadline, licensee within the | ||||||
| 9 | renewal period, and the penalty imposed, which shall not | ||||||
| 10 | exceed $2,000. The issuance of any such citation shall not | ||||||
| 11 | excuse the licensee from completing all continuing education | ||||||
| 12 | required for that term of licensure renewal period. | ||||||
| 13 | (b) Service of a citation shall be made in person, | ||||||
| 14 | electronically, or by mail to the licensee at the licensee's | ||||||
| 15 | address of record or email address of record, and the citation | ||||||
| 16 | must clearly state that if the cited licensee wishes to | ||||||
| 17 | dispute the citation, the cited licensee may make a written | ||||||
| 18 | request, within 30 days after the citation is served, for a | ||||||
| 19 | hearing before the Department. If the cited licensee does not | ||||||
| 20 | request a hearing within 30 days after the citation is served, | ||||||
| 21 | then the citation shall become a final, non-disciplinary order | ||||||
| 22 | shall be entered, and any fine imposed is due and payable | ||||||
| 23 | within 30 60 days after the entry of that final order. If the | ||||||
| 24 | cited licensee requests a hearing within 30 days after the | ||||||
| 25 | citation is served, the Department shall afford the cited | ||||||
| 26 | licensee a hearing conducted in the same manner as a hearing | ||||||
| |||||||
| |||||||
| 1 | provided for in this Act for any violation of this Act and | ||||||
| 2 | shall determine whether the cited licensee committed the | ||||||
| 3 | violation as charged and whether the fine as levied is | ||||||
| 4 | warranted. If the violation is found, any fine shall | ||||||
| 5 | constitute non-public discipline and be due and payable within | ||||||
| 6 | 30 days after the order of the Secretary, which shall | ||||||
| 7 | constitute a final order of the Department. No change in | ||||||
| 8 | license status may be made by the Department until a final | ||||||
| 9 | order of the Department has been issued. | ||||||
| 10 | (c) Payment of a fine that has been assessed pursuant to | ||||||
| 11 | this Section shall not constitute disciplinary action | ||||||
| 12 | reportable on the Department's website or elsewhere unless a | ||||||
| 13 | licensee has previously received 2 or more citations and been | ||||||
| 14 | assessed 2 or more fines. | ||||||
| 15 | (d) Nothing in this Section shall prohibit or limit the | ||||||
| 16 | Department from taking further action pursuant to this Act and | ||||||
| 17 | rules for additional, repeated, or continuing violations. | ||||||
| 18 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 19 | (225 ILCS 427/86) | ||||||
| 20 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 21 | Sec. 86. Illegal discrimination. | ||||||
| 22 | (a) When there has been an adjudication in a civil or | ||||||
| 23 | criminal proceeding that a community association manager or | ||||||
| 24 | community association management firm has illegally | ||||||
| 25 | discriminated while engaged in any activity for which a | ||||||
| |||||||
| |||||||
| 1 | license is required under this Act, the Department, following | ||||||
| 2 | the provision of notice to the licensee and a hearing | ||||||
| 3 | conducted in accordance with Section 95 and upon the | ||||||
| 4 | recommendation of the Board as to the extent of the suspension | ||||||
| 5 | or revocation, shall suspend or revoke the license of that | ||||||
| 6 | licensee in a timely manner, unless the adjudication is in the | ||||||
| 7 | appeal process. The finding or judgment of the civil or | ||||||
| 8 | criminal proceeding is a matter of record and the merits of the | ||||||
| 9 | finding or judgment shall not be challenged in a request for a | ||||||
| 10 | hearing by the licensee. | ||||||
| 11 | (b) When there has been an order in an administrative | ||||||
| 12 | proceeding finding that a licensee has illegally discriminated | ||||||
| 13 | while engaged in any activity for which a license is required | ||||||
| 14 | under this Act, the Department, following the provision of | ||||||
| 15 | notice to the licensee and a hearing conducted in accordance | ||||||
| 16 | with Section 95, and upon recommendation of the Board as to the | ||||||
| 17 | nature and extent of the discipline, shall take one or more of | ||||||
| 18 | the disciplinary actions provided for in Section 85 in a | ||||||
| 19 | timely manner, unless the administrative order is in the | ||||||
| 20 | appeal process. The finding of the administrative order is a | ||||||
| 21 | matter of record and the merits of the finding shall not be | ||||||
| 22 | challenged in a request for a hearing by the licensee. | ||||||
| 23 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 24 | (225 ILCS 427/95) | ||||||
| 25 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| |||||||
| |||||||
| 1 | Sec. 95. Investigation; notice and hearing. The | ||||||
| 2 | Department may investigate the actions or qualifications of a | ||||||
| 3 | person, which includes an entity, applying for, holding or | ||||||
| 4 | claiming to hold, or holding oneself out as having a license or | ||||||
| 5 | rendering or offering to render services for which a license | ||||||
| 6 | is required by this Act. The Department shall, before Before | ||||||
| 7 | suspending, revoking, placing on probationary status, or | ||||||
| 8 | taking any other disciplinary action as the Department may | ||||||
| 9 | deem proper with regard to any license, at least 30 days before | ||||||
| 10 | the date set for the hearing: , the Department shall (i) notify | ||||||
| 11 | the person charged and the person's designated community | ||||||
| 12 | association manager, if any, in writing of any charges made | ||||||
| 13 | and the time and place for a hearing on the charges before the | ||||||
| 14 | Board, (ii) direct the person to file a written answer to the | ||||||
| 15 | charges with the Board under oath within 20 days after the | ||||||
| 16 | service on the person of such notice, and (iii) inform the | ||||||
| 17 | person that, if the person fails to file an answer, default | ||||||
| 18 | will be taken against the person and the license of the person | ||||||
| 19 | may be suspended, revoked, placed on probationary status, or | ||||||
| 20 | have other disciplinary action taken with regard to the | ||||||
| 21 | license, including limiting the scope, nature, or extent of | ||||||
| 22 | the person's related practice, as the Department may deem | ||||||
| 23 | proper. | ||||||
| 24 | The Department shall serve notice under this Section by | ||||||
| 25 | regular or electronic mail to the person's most recent last | ||||||
| 26 | address of record or email address of record as provided to the | ||||||
| |||||||
| |||||||
| 1 | Department. If the person fails to file an answer after | ||||||
| 2 | receiving notice, the license may, in the discretion of the | ||||||
| 3 | Department, be suspended, revoked, or placed on probationary | ||||||
| 4 | status, or the Department may take whatever disciplinary | ||||||
| 5 | action deemed proper, including limiting the scope, nature, or | ||||||
| 6 | extent of the person's practice or the imposition of a fine, | ||||||
| 7 | without a hearing, if the act or acts charged constitute | ||||||
| 8 | sufficient grounds for such action under this Act. The answer | ||||||
| 9 | shall be served by regular mail or electronic mail to the | ||||||
| 10 | Department. At the time and place fixed in the notice, the | ||||||
| 11 | Department shall proceed to hear the charges and the parties | ||||||
| 12 | or their counsel shall be accorded ample opportunity to | ||||||
| 13 | present such statements, testimony, evidence, and argument as | ||||||
| 14 | may be pertinent to the charges or to the defense thereto. The | ||||||
| 15 | Department may continue such hearing from time to time. If the | ||||||
| 16 | person fails to file an answer after receiving notice, the | ||||||
| 17 | license may, in the discretion of the Department, be | ||||||
| 18 | suspended, revoked, or placed on probationary status or the | ||||||
| 19 | Department may take whatever disciplinary action deemed | ||||||
| 20 | proper, including limiting the scope, nature, or extent of the | ||||||
| 21 | person's practice or the imposition of a fine, without a | ||||||
| 22 | hearing, if the act or acts charged constitute sufficient | ||||||
| 23 | grounds for such action under this Act. | ||||||
| 24 | At the discretion of the Secretary after having first | ||||||
| 25 | received the recommendation of the Board, the person's license | ||||||
| 26 | may be suspended, revoked, or placed on probationary status or | ||||||
| |||||||
| |||||||
| 1 | the Department may take whatever disciplinary action | ||||||
| 2 | considered proper, including limiting the scope, nature, or | ||||||
| 3 | extent of the person's practice or the imposition of a fine if | ||||||
| 4 | the act or acts charged constitute sufficient grounds for that | ||||||
| 5 | action under this Act. A copy of the Department's final | ||||||
| 6 | disciplinary order shall be delivered to the person's | ||||||
| 7 | designated community association manager or may be sent to the | ||||||
| 8 | community association that directly employs the person. | ||||||
| 9 | (Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24.) | ||||||
| 10 | (225 ILCS 427/120) | ||||||
| 11 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 12 | Sec. 120. Appointment of a hearing officer. The Secretary | ||||||
| 13 | has the authority to appoint any attorney duly licensed to | ||||||
| 14 | practice law in the State of Illinois to serve as the hearing | ||||||
| 15 | officer in any action for refusal to issue or renew a license, | ||||||
| 16 | or to discipline a licensee. The hearing officer has full | ||||||
| 17 | authority to conduct the hearing. The hearing officer shall | ||||||
| 18 | report the findings and recommendations to the Board and the | ||||||
| 19 | Secretary. At its next meeting following receipt of the | ||||||
| 20 | report, the Board shall review the report of the hearing | ||||||
| 21 | officer and present its findings of fact, conclusions of law, | ||||||
| 22 | and recommendations to the Secretary. | ||||||
| 23 | The Board shall have 90 days from receipt of the hearing | ||||||
| 24 | officer's report to review the report of the hearing officer | ||||||
| 25 | and present the Board's findings of fact, conclusions of law, | ||||||
| |||||||
| |||||||
| 1 | and recommendations to the Secretary. If the Board fails to | ||||||
| 2 | present its findings of fact, conclusions of law, and | ||||||
| 3 | recommendations within the 90-day time period, the Department | ||||||
| 4 | may request in writing a direct appeal to the Secretary and the | ||||||
| 5 | Secretary may issue an order based upon the report of the | ||||||
| 6 | hearing officer and the record of the proceedings or issue an | ||||||
| 7 | order remanding the matter back to the hearing officer for | ||||||
| 8 | additional proceedings in accordance with the order. If the | ||||||
| 9 | Board fails to present its findings of fact, conclusions of | ||||||
| 10 | law, and recommendations within a 90-day time period after | ||||||
| 11 | receiving an Order of Default, the Department may request in | ||||||
| 12 | writing a direct appeal to the Secretary to issue a final | ||||||
| 13 | order. | ||||||
| 14 | If the Board fails to present its report within 30 | ||||||
| 15 | calendar days following its next meeting after receiving the | ||||||
| 16 | report, the respondent may request in writing a direct appeal | ||||||
| 17 | to the Secretary, in which case the Secretary shall, within 7 | ||||||
| 18 | calendar days after the request, issue an order directing the | ||||||
| 19 | Board to issue its findings of fact, conclusions of law, and | ||||||
| 20 | recommendations to the Secretary within 30 calendar days after | ||||||
| 21 | such order. | ||||||
| 22 | If the Board fails to issue its findings of fact, | ||||||
| 23 | conclusions of law, and recommendations within that time frame | ||||||
| 24 | to the Secretary after the entry of such order, the Secretary | ||||||
| 25 | shall, within 30 calendar days thereafter, issue an order | ||||||
| 26 | based upon the report of the hearing officer and the record of | ||||||
| |||||||
| |||||||
| 1 | the proceedings or issue an order remanding the matter back to | ||||||
| 2 | the hearing officer for additional proceedings in accordance | ||||||
| 3 | with the order. | ||||||
| 4 | If (i) a direct appeal is requested, (ii) the Board fails | ||||||
| 5 | to issue its findings of fact, conclusions of law, and | ||||||
| 6 | recommendations within the 30-day mandate from the Secretary | ||||||
| 7 | or the Secretary fails to order the Board to do so, and (iii) | ||||||
| 8 | the Secretary fails to issue an order within 30 calendar days | ||||||
| 9 | thereafter, then the hearing officer's report is deemed | ||||||
| 10 | accepted and a final decision of the Secretary. | ||||||
| 11 | Notwithstanding any other provision of this Section, if | ||||||
| 12 | the Secretary, upon review, determines that substantial | ||||||
| 13 | justice has not been done in the revocation, suspension, or | ||||||
| 14 | refusal to issue or renew a license or other disciplinary | ||||||
| 15 | action taken as the result of the entry of the hearing | ||||||
| 16 | officer's report, the Secretary may order a rehearing by the | ||||||
| 17 | same or other examiners. If the Secretary disagrees in any | ||||||
| 18 | regard with the recommendation of the Board or the hearing | ||||||
| 19 | officer, the Secretary may issue an order in contravention of | ||||||
| 20 | either recommendation. | ||||||
| 21 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 22 | Section 35. The Detection of Deception Examiners Act is | ||||||
| 23 | amended by changing Sections 3, 8, 8.5, 11, 13, 14, 17, 19, | ||||||
| 24 | 26.1, and 30 as follows: | ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 430/3) (from Ch. 111, par. 2403) | ||||||
| 2 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 3 | Sec. 3. Every examiner shall use an instrument which | ||||||
| 4 | records permanently and simultaneously the subject's | ||||||
| 5 | cardiovascular, respiratory and galvanic skin response | ||||||
| 6 | patterns as minimum standards and shall base the his or her | ||||||
| 7 | evaluation upon changes in such patterns. Such an instrument | ||||||
| 8 | may record additional physiological patterns pertinent to the | ||||||
| 9 | detection of deception. The examiner may also consider changes | ||||||
| 10 | in such additional patterns in making the his or her | ||||||
| 11 | evaluations. An examiner shall, upon written request of a | ||||||
| 12 | person examined, make known the results of such test to the | ||||||
| 13 | person examined within 5 days of receipt of the written | ||||||
| 14 | request. | ||||||
| 15 | (Source: P.A. 97-168, eff. 7-22-11.) | ||||||
| 16 | (225 ILCS 430/8) (from Ch. 111, par. 2409) | ||||||
| 17 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 18 | Sec. 8. Applications for original licenses shall be made | ||||||
| 19 | to the Department in writing on forms prescribed by the | ||||||
| 20 | Department and shall be accompanied by the required fee, which | ||||||
| 21 | shall not be returnable. Any such application shall require | ||||||
| 22 | such information as in the judgment of the Department will | ||||||
| 23 | enable the Department to pass on the qualifications of the | ||||||
| 24 | applicant for a license. | ||||||
| 25 | If an applicant neglects, fails without an approved excuse | ||||||
| |||||||
| |||||||
| 1 | or refuses to take the next available examination for a | ||||||
| 2 | license under this Act, the fee paid by the applicant shall be | ||||||
| 3 | forfeited and the application denied. If an applicant fails to | ||||||
| 4 | pass an examination for a license under this Act within 3 years | ||||||
| 5 | after filing an his or her application, the application shall | ||||||
| 6 | be denied. However, such applicant may thereafter make a new | ||||||
| 7 | application for examination, accompanied by the required fee. | ||||||
| 8 | (Source: P.A. 97-168, eff. 7-22-11.) | ||||||
| 9 | (225 ILCS 430/8.5) | ||||||
| 10 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 11 | Sec. 8.5. Social Security Number or individual tax | ||||||
| 12 | identification number on license application. In addition to | ||||||
| 13 | any other information required to be contained in the | ||||||
| 14 | application, every application for an original license under | ||||||
| 15 | this Act shall include the applicant's Social Security Number | ||||||
| 16 | or individual taxpayer identification number, which shall be | ||||||
| 17 | retained in the agency's records pertaining to the license. As | ||||||
| 18 | soon as practical, the Department shall assign a customer's | ||||||
| 19 | identification number to each applicant for a license. | ||||||
| 20 | Every application for a renewal, reinstated, or restored | ||||||
| 21 | license shall require the applicant's customer identification | ||||||
| 22 | number. | ||||||
| 23 | (Source: P.A. 97-400, eff. 1-1-12.) | ||||||
| 24 | (225 ILCS 430/11) (from Ch. 111, par. 2412) | ||||||
| |||||||
| |||||||
| 1 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 2 | Sec. 11. Qualifications for licensure as an examiner. A | ||||||
| 3 | person is qualified to receive a license as an examiner: | ||||||
| 4 | A. Who establishes that the person he or she is a | ||||||
| 5 | person of good moral character; and | ||||||
| 6 | B. Who has passed an examination approved by the | ||||||
| 7 | Department to determine the person's his or her competency | ||||||
| 8 | to obtain a license to practice as an examiner; and | ||||||
| 9 | C. Who has been had conferred upon him or her an | ||||||
| 10 | academic degree, at the baccalaureate level, from an | ||||||
| 11 | accredited college or university; and | ||||||
| 12 | D. Who has satisfactorily completed 6 months of study | ||||||
| 13 | in detection of deception, as prescribed by rule, which | ||||||
| 14 | shall include, but not be limited to, course content, | ||||||
| 15 | trainer qualifications, and specialized instructor | ||||||
| 16 | qualifications. | ||||||
| 17 | In determining good moral character, the Department may | ||||||
| 18 | take into consideration conviction of any crime under the laws | ||||||
| 19 | of the United States or any state or territory thereof that is | ||||||
| 20 | a felony or a misdemeanor or any crime that is directly related | ||||||
| 21 | to the practice of the profession. | ||||||
| 22 | (Source: P.A. 97-168, eff. 7-22-11.) | ||||||
| 23 | (225 ILCS 430/13) (from Ch. 111, par. 2414) | ||||||
| 24 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 25 | Sec. 13. The expiration date and renewal period for each | ||||||
| |||||||
| |||||||
| 1 | license issued under this Act shall be set by rule. An examiner | ||||||
| 2 | whose license has expired may reinstate the his or her license | ||||||
| 3 | at any time within 5 years after the expiration thereof, by | ||||||
| 4 | making a renewal application therefore and by paying the | ||||||
| 5 | required fee. However, any examiner whose license expired | ||||||
| 6 | while the examiner he or she was (1) in Federal Service on | ||||||
| 7 | active duty with the Armed Forces of the United States, or the | ||||||
| 8 | State Militia called into service or training, or (2) in | ||||||
| 9 | training or education under the supervision of the United | ||||||
| 10 | States preliminary to induction into the military service, may | ||||||
| 11 | have the his or her license renewed, reinstated or restored | ||||||
| 12 | without paying any lapsed renewal and restoration fees if | ||||||
| 13 | within 2 years after honorable termination of such service, | ||||||
| 14 | training, or education except under conditions other than | ||||||
| 15 | honorable, the examiner he or she furnishes the Department | ||||||
| 16 | with satisfactory evidence to the effect that the examiner he | ||||||
| 17 | or she has been so engaged and that the examiner his or her | ||||||
| 18 | service, training, or education has been so terminated. | ||||||
| 19 | A license or duplicate license must be prominently | ||||||
| 20 | displayed at the principal place of business of every | ||||||
| 21 | examiner. | ||||||
| 22 | Notice in writing shall be given to the Department by such | ||||||
| 23 | license holder of any change of principal business location | ||||||
| 24 | whereupon, the Department shall issue a new license for the | ||||||
| 25 | unexpired period upon payment of the required fee. A change of | ||||||
| 26 | business location without notification to the Department and | ||||||
| |||||||
| |||||||
| 1 | without the issuance by it of a new license shall | ||||||
| 2 | automatically suspend the license theretofore issued. | ||||||
| 3 | (Source: P.A. 97-168, eff. 7-22-11.) | ||||||
| 4 | (225 ILCS 430/14) (from Ch. 111, par. 2415) | ||||||
| 5 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 6 | Sec. 14. (a) The Department may refuse to issue or renew or | ||||||
| 7 | may revoke, suspend, place on probation, reprimand, or take | ||||||
| 8 | other disciplinary or non-disciplinary action as the | ||||||
| 9 | Department may deem appropriate, including imposing fines not | ||||||
| 10 | to exceed $10,000 for each violation, with regard to any | ||||||
| 11 | license for any one or a combination of the following: | ||||||
| 12 | (1) Material misstatement in furnishing information to | ||||||
| 13 | the Department. | ||||||
| 14 | (2) Violations of this Act, or of the rules adopted | ||||||
| 15 | under this Act. | ||||||
| 16 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
| 17 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
| 18 | sentencing of any crime, including, but not limited to, | ||||||
| 19 | convictions, preceding sentences of supervision, | ||||||
| 20 | conditional discharge, or first offender probation, under | ||||||
| 21 | the laws of any jurisdiction of the United States: (i) | ||||||
| 22 | that is a felony or (ii) that is a misdemeanor, an | ||||||
| 23 | essential element of which is dishonesty, or that is | ||||||
| 24 | directly related to the practice of the profession. | ||||||
| 25 | (4) Making any misrepresentation for the purpose of | ||||||
| |||||||
| |||||||
| 1 | obtaining licensure or violating any provision of this Act | ||||||
| 2 | or the rules adopted under this Act pertaining to | ||||||
| 3 | advertising. | ||||||
| 4 | (5) Professional incompetence. | ||||||
| 5 | (6) Allowing one's license under this Act to be used | ||||||
| 6 | by an unlicensed person in violation of this Act. | ||||||
| 7 | (7) Aiding or assisting another person in violating | ||||||
| 8 | this Act or any rule adopted under this Act. | ||||||
| 9 | (8) Where the license holder has been adjudged | ||||||
| 10 | mentally ill, mentally deficient or subject to involuntary | ||||||
| 11 | admission as provided in the Mental Health and | ||||||
| 12 | Developmental Disabilities Code. | ||||||
| 13 | (9) Failing, within 60 days, to provide information in | ||||||
| 14 | response to a written request made by the Department. | ||||||
| 15 | (10) Engaging in dishonorable, unethical, or | ||||||
| 16 | unprofessional conduct of a character likely to deceive, | ||||||
| 17 | defraud, or harm the public. | ||||||
| 18 | (11) Inability to practice with reasonable judgment, | ||||||
| 19 | skill, or safety as a result of habitual or excessive use | ||||||
| 20 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
| 21 | other chemical agent or drug. | ||||||
| 22 | (12) Discipline by another state, District of | ||||||
| 23 | Columbia, territory, or foreign nation, if at least one of | ||||||
| 24 | the grounds for the discipline is the same or | ||||||
| 25 | substantially equivalent to those set forth in this | ||||||
| 26 | Section. | ||||||
| |||||||
| |||||||
| 1 | (13) A finding by the Department that the licensee, | ||||||
| 2 | after having his or her license placed on probationary | ||||||
| 3 | status, has violated the terms of probation. | ||||||
| 4 | (14) Willfully making or filing false records or | ||||||
| 5 | reports in his or her practice, including, but not limited | ||||||
| 6 | to, false records filed with State agencies or | ||||||
| 7 | departments. | ||||||
| 8 | (15) Inability to practice the profession with | ||||||
| 9 | reasonable judgment, skill, or safety as a result of a | ||||||
| 10 | physical illness, including, but not limited to, | ||||||
| 11 | deterioration through the aging process or loss of motor | ||||||
| 12 | skill, or a mental illness or disability. | ||||||
| 13 | (16) Charging for professional services not rendered, | ||||||
| 14 | including filing false statements for the collection of | ||||||
| 15 | fees for which services are not rendered. | ||||||
| 16 | (17) Practicing under a false or, except as provided | ||||||
| 17 | by law, an assumed name. | ||||||
| 18 | (18) Fraud or misrepresentation in applying for, or | ||||||
| 19 | procuring, a license under this Act or in connection with | ||||||
| 20 | applying for renewal of a license under this Act. | ||||||
| 21 | (19) Cheating on or attempting to subvert the | ||||||
| 22 | licensing examination administered under this Act. | ||||||
| 23 | All fines imposed under this Section shall be paid within | ||||||
| 24 | 60 days after the effective date of the order imposing the | ||||||
| 25 | fine. | ||||||
| 26 | (b) The Department may refuse to issue or may suspend | ||||||
| |||||||
| |||||||
| 1 | without hearing, as provided for in the Code of Civil | ||||||
| 2 | Procedure, the license of any person who fails to file a | ||||||
| 3 | return, or pay the tax, penalty, or interest shown in a filed | ||||||
| 4 | return, or pay any final assessment of the tax, penalty, or | ||||||
| 5 | interest as required by any tax Act administered by the | ||||||
| 6 | Illinois Department of Revenue, until such time as the | ||||||
| 7 | requirements of any such tax Act are satisfied in accordance | ||||||
| 8 | with subsection (g) of Section 2105-15 of the Civil | ||||||
| 9 | Administrative Code of Illinois. | ||||||
| 10 | (c) (Blank). | ||||||
| 11 | (d) In cases where the Department of Healthcare and Family | ||||||
| 12 | Services has previously determined a licensee or a potential | ||||||
| 13 | licensee is more than 30 days delinquent in the payment of | ||||||
| 14 | child support and has subsequently certified the delinquency | ||||||
| 15 | to the Department, the Department may refuse to issue or renew | ||||||
| 16 | or may revoke or suspend that person's license or may take | ||||||
| 17 | other disciplinary action against that person based solely | ||||||
| 18 | upon the certification of delinquency made by the Department | ||||||
| 19 | of Healthcare and Family Services in accordance with item (5) | ||||||
| 20 | of subsection (a) of Section 2105-15 of the Civil | ||||||
| 21 | Administrative Code of Illinois. | ||||||
| 22 | (e) The determination by a circuit court that a licensee | ||||||
| 23 | is subject to involuntary admission or judicial admission, as | ||||||
| 24 | provided in the Mental Health and Developmental Disabilities | ||||||
| 25 | Code, operates as an automatic suspension. The suspension will | ||||||
| 26 | end only upon a finding by a court that the patient is no | ||||||
| |||||||
| |||||||
| 1 | longer subject to involuntary admission or judicial admission | ||||||
| 2 | and the issuance of an order so finding and discharging the | ||||||
| 3 | patient. | ||||||
| 4 | (f) In enforcing this Act, the Department, upon a showing | ||||||
| 5 | of a possible violation, may compel an individual licensed to | ||||||
| 6 | practice under this Act, or who has applied for licensure | ||||||
| 7 | under this Act, to submit to a mental or physical examination, | ||||||
| 8 | or both, as required by and at the expense of the Department. | ||||||
| 9 | The Department may order the examining physician to present | ||||||
| 10 | testimony concerning the mental or physical examination of the | ||||||
| 11 | licensee or applicant. No information shall be excluded by | ||||||
| 12 | reason of any common law or statutory privilege relating to | ||||||
| 13 | communications between the licensee or applicant and the | ||||||
| 14 | examining physician. The examining physicians shall be | ||||||
| 15 | specifically designated by the Department. The individual to | ||||||
| 16 | be examined may have, at the individual's his or her own | ||||||
| 17 | personal expense, another physician of the individual's his or | ||||||
| 18 | her choice present during all aspects of this examination. The | ||||||
| 19 | examination shall be performed by a physician licensed to | ||||||
| 20 | practice medicine in all its branches. Failure of an | ||||||
| 21 | individual to submit to a mental or physical examination, when | ||||||
| 22 | directed, shall result in an automatic suspension without | ||||||
| 23 | hearing. | ||||||
| 24 | A person holding a license under this Act or who has | ||||||
| 25 | applied for a license under this Act who, because of a physical | ||||||
| 26 | or mental illness or disability, including, but not limited | ||||||
| |||||||
| |||||||
| 1 | to, deterioration through the aging process or loss of motor | ||||||
| 2 | skill, is unable to practice the profession with reasonable | ||||||
| 3 | judgment, skill, or safety, may be required by the Department | ||||||
| 4 | to submit to care, counseling, or treatment by physicians | ||||||
| 5 | approved or designated by the Department as a condition, term, | ||||||
| 6 | or restriction for continued, reinstated, or renewed licensure | ||||||
| 7 | to practice. Submission to care, counseling, or treatment as | ||||||
| 8 | required by the Department shall not be considered discipline | ||||||
| 9 | of a license. If the licensee refuses to enter into a care, | ||||||
| 10 | counseling, or treatment agreement or fails to abide by the | ||||||
| 11 | terms of the agreement, the Department may file a complaint to | ||||||
| 12 | revoke, suspend, or otherwise discipline the license of the | ||||||
| 13 | individual. The Secretary may order the license suspended | ||||||
| 14 | immediately, pending a hearing by the Department. Fines shall | ||||||
| 15 | not be assessed in disciplinary actions involving physical or | ||||||
| 16 | mental illness or impairment. | ||||||
| 17 | In instances in which the Secretary immediately suspends a | ||||||
| 18 | person's license under this Section, a hearing on that | ||||||
| 19 | person's license must be convened by the Department within 15 | ||||||
| 20 | days after the suspension and completed without appreciable | ||||||
| 21 | delay. The Department shall have the authority to review the | ||||||
| 22 | subject individual's record of treatment and counseling | ||||||
| 23 | regarding the impairment to the extent permitted by applicable | ||||||
| 24 | federal statutes and regulations safeguarding the | ||||||
| 25 | confidentiality of medical records. | ||||||
| 26 | An individual licensed under this Act and affected under | ||||||
| |||||||
| |||||||
| 1 | this Section shall be afforded an opportunity to demonstrate | ||||||
| 2 | to the Department that he or she can resume practice may resume | ||||||
| 3 | in compliance with acceptable and prevailing standards under | ||||||
| 4 | the provisions of the his or her license. | ||||||
| 5 | (Source: P.A. 100-872, eff. 8-14-18.) | ||||||
| 6 | (225 ILCS 430/17) (from Ch. 111, par. 2418) | ||||||
| 7 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 8 | Sec. 17. Investigations; notice and hearing. The | ||||||
| 9 | Department may investigate the actions of any applicant or any | ||||||
| 10 | person or persons rendering or offering to render detection of | ||||||
| 11 | deception services or any person holding or claiming to hold a | ||||||
| 12 | license as a licensed examiner. The Department shall, before | ||||||
| 13 | refusing to issue or renew a license or to discipline a | ||||||
| 14 | licensee under Section 14, at least 30 days prior to the date | ||||||
| 15 | set for the hearing, (i) notify the accused in writing of the | ||||||
| 16 | charges made and the time and place for the hearing on the | ||||||
| 17 | charges, (ii) direct the accused him or her to file a written | ||||||
| 18 | answer with the Department under oath within 20 days after the | ||||||
| 19 | service of the notice, and (iii) inform the accused applicant | ||||||
| 20 | or licensee that failure to file an answer will result in | ||||||
| 21 | default. being taken against the applicant or licensee. At the | ||||||
| 22 | time and place fixed in the notice, the Department shall | ||||||
| 23 | proceed to hear the charges and the parties or their counsel | ||||||
| 24 | shall be accorded ample opportunity to present any pertinent | ||||||
| 25 | statements, testimony, evidence, and arguments. The Department | ||||||
| |||||||
| |||||||
| 1 | may continue the hearing from time to time. In case the accused | ||||||
| 2 | person, after receiving the notice, fails to file an answer, | ||||||
| 3 | the his or her license, may, in the discretion of the | ||||||
| 4 | Department, be revoked, suspended, placed on probationary | ||||||
| 5 | status, or the Department may take whatever disciplinary | ||||||
| 6 | action considered proper, including limiting the scope, | ||||||
| 7 | nature, or extent of the accused's person's practice or the | ||||||
| 8 | imposition of a fine, without a hearing, if the act or acts | ||||||
| 9 | charged constitute sufficient grounds for that action under | ||||||
| 10 | the Act. The written notice may be served by email, by personal | ||||||
| 11 | delivery, or by mail to the accused's address of record. | ||||||
| 12 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 13 | (225 ILCS 430/19) (from Ch. 111, par. 2420) | ||||||
| 14 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 15 | Sec. 19. Subpoenas; depositions; oaths. | ||||||
| 16 | (a) The Department may subpoena and bring before it any | ||||||
| 17 | person to take the oral or written testimony or compel the | ||||||
| 18 | production of any books, papers, records, or any other | ||||||
| 19 | documents that the Secretary or Secretary's his or her | ||||||
| 20 | designee deems relevant or material to any investigation or | ||||||
| 21 | hearing conducted by the Department with the same fees and in | ||||||
| 22 | the same manner as prescribed in civil cases in the courts of | ||||||
| 23 | this State. | ||||||
| 24 | (b) Any circuit court, upon the application of the | ||||||
| 25 | licensee or the Department, may order the attendance and | ||||||
| |||||||
| |||||||
| 1 | testimony of witnesses and the production of relevant | ||||||
| 2 | documents, files, records, books, and papers in connection | ||||||
| 3 | with any hearing or investigation. The circuit court may | ||||||
| 4 | compel obedience to its order by proceedings for contempt. | ||||||
| 5 | (c) The Secretary, the hearing officer, any member of the | ||||||
| 6 | Board, or a certified shorthand court reporter may administer | ||||||
| 7 | oaths at any hearing the Department conducts. Notwithstanding | ||||||
| 8 | any other statute or Department rule to the contrary, all | ||||||
| 9 | requests for testimony, production of documents, or records | ||||||
| 10 | shall be in accordance with this Act. | ||||||
| 11 | (Source: P.A. 97-168, eff. 7-22-11.) | ||||||
| 12 | (225 ILCS 430/26.1) (from Ch. 111, par. 2427.1) | ||||||
| 13 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 14 | Sec. 26.1. Returned checks; fines. Any person who delivers | ||||||
| 15 | a check or other payment to the Department that is returned to | ||||||
| 16 | the Department unpaid by the financial institution upon which | ||||||
| 17 | it is drawn shall pay to the Department, in addition to the | ||||||
| 18 | amount already owed to the Department, a fine of $50. The fines | ||||||
| 19 | imposed by this Section are in addition to any other | ||||||
| 20 | discipline provided under this Act for unlicensed practice or | ||||||
| 21 | practice on a nonrenewed license. The Department shall notify | ||||||
| 22 | the person that payment of fees and fines shall be paid to the | ||||||
| 23 | Department by certified check or money order within 30 | ||||||
| 24 | calendar days of the notification. If, after the expiration of | ||||||
| 25 | 30 days from the date of the notification, the person has | ||||||
| |||||||
| |||||||
| 1 | failed to submit the necessary remittance, the Department | ||||||
| 2 | shall automatically terminate the license or certificate or | ||||||
| 3 | deny the application, without hearing. If, after termination | ||||||
| 4 | or denial, the person seeks a license or certificate, the | ||||||
| 5 | person he or she shall apply to the Department for restoration | ||||||
| 6 | or issuance of the license or certificate and pay all fees and | ||||||
| 7 | fines due to the Department. The Department may establish a | ||||||
| 8 | fee for the processing of an application for restoration of a | ||||||
| 9 | license or certificate to pay all expenses of processing this | ||||||
| 10 | application. The Secretary may waive the fines due under this | ||||||
| 11 | Section in individual cases where the Secretary finds that the | ||||||
| 12 | fines would be unreasonable or unnecessarily burdensome. | ||||||
| 13 | (Source: P.A. 97-168, eff. 7-22-11.) | ||||||
| 14 | (225 ILCS 430/30) (from Ch. 111, par. 2431) | ||||||
| 15 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 16 | Sec. 30. An applicant who is an Examiner, licensed under | ||||||
| 17 | the laws of another state or territory of the United States, or | ||||||
| 18 | an examiner who has been trained under the training standards | ||||||
| 19 | determined by the federal government, may be issued a license | ||||||
| 20 | by the Department, in its discretion, upon payment of a fee as | ||||||
| 21 | set by rule, and the production of: | ||||||
| 22 | (a) satisfactory proof that he or she is of good moral | ||||||
| 23 | character; and | ||||||
| 24 | (b) satisfactory proof that the requirements for the | ||||||
| 25 | licensing of Examiners in such particular state or | ||||||
| |||||||
| |||||||
| 1 | territory of the United States were, at the date of | ||||||
| 2 | licensing, substantially equivalent to the requirements | ||||||
| 3 | then in force in this State; or | ||||||
| 4 | (c) certification, if applicable, that the applicant | ||||||
| 5 | has successfully completed the Defense Academy for | ||||||
| 6 | Credibility Assessment course, or its predecessor or | ||||||
| 7 | successor course. | ||||||
| 8 | (Source: P.A. 97-168, eff. 7-22-11.) | ||||||
| 9 | Section 40. The Home Inspector License Act is amended by | ||||||
| 10 | changing Sections 1-10, 5-5, 5-12, 5-16, 5-20, 15-10, 15-10.1, | ||||||
| 11 | 15-11, and 15-15 as follows: | ||||||
| 12 | (225 ILCS 441/1-10) | ||||||
| 13 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 14 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
| 15 | context otherwise requires: | ||||||
| 16 | "Address of record" means the designated street address, | ||||||
| 17 | which may not be a post office box, recorded by the Department | ||||||
| 18 | in the applicant's or licensee's application file or license | ||||||
| 19 | file as maintained by the Department. | ||||||
| 20 | "Applicant" means a person who applies to the Department | ||||||
| 21 | for a license under this Act. | ||||||
| 22 | "Client" means a person who engages or seeks to engage the | ||||||
| 23 | services of a home inspector for an inspection assignment. | ||||||
| 24 | "Department" means the Department of Financial and | ||||||
| |||||||
| |||||||
| 1 | Professional Regulation. | ||||||
| 2 | "Email address of record" means the designated email | ||||||
| 3 | address recorded by the Department in the applicant's | ||||||
| 4 | application file or the licensee's license file, as maintained | ||||||
| 5 | by the Department. | ||||||
| 6 | "Home inspection" means the examination and evaluation of | ||||||
| 7 | the exterior and interior components of residential real | ||||||
| 8 | property, which includes the inspection of any 2 or more of the | ||||||
| 9 | following components of residential real property in | ||||||
| 10 | connection with or to facilitate the sale, lease, or other | ||||||
| 11 | conveyance of, or the proposed sale, lease or other conveyance | ||||||
| 12 | of, residential real property: | ||||||
| 13 | (1) heating, ventilation, and air conditioning system; | ||||||
| 14 | (2) plumbing system; | ||||||
| 15 | (3) electrical system; | ||||||
| 16 | (4) structural composition; | ||||||
| 17 | (5) foundation; | ||||||
| 18 | (6) roof; | ||||||
| 19 | (7) masonry structure; or | ||||||
| 20 | (8) any other residential real property component as | ||||||
| 21 | established by rule. | ||||||
| 22 | "Home inspector" means a person or entity who, for another | ||||||
| 23 | and for compensation either direct or indirect, performs home | ||||||
| 24 | inspections. | ||||||
| 25 | "Home inspector entity" means any corporation, | ||||||
| 26 | partnership, or limited liability company that provides home | ||||||
| |||||||
| |||||||
| 1 | inspection services. | ||||||
| 2 | "Home inspection report" or "inspection report" means a | ||||||
| 3 | written evaluation prepared and issued by a home inspector | ||||||
| 4 | upon completion of a home inspection, which meets the | ||||||
| 5 | standards of practice as established by the Department. | ||||||
| 6 | "Inspection assignment" means an engagement for which a | ||||||
| 7 | home inspector is employed or retained to conduct a home | ||||||
| 8 | inspection and prepare a home inspection report. | ||||||
| 9 | "License" means the privilege conferred by the Department | ||||||
| 10 | to a person who has fulfilled all requirements prerequisite to | ||||||
| 11 | any type of licensure under this Act. | ||||||
| 12 | "Licensee" means any person licensed under this Act. | ||||||
| 13 | "Person" means individuals, entities, corporations, | ||||||
| 14 | limited liability companies, registered limited liability | ||||||
| 15 | partnerships, and partnerships, foreign or domestic, except | ||||||
| 16 | that when the context otherwise requires, the term may refer | ||||||
| 17 | to a single individual or other described entity. | ||||||
| 18 | "Residential real property" means real property that is | ||||||
| 19 | used or intended to be used as a residence by one or more | ||||||
| 20 | individuals. | ||||||
| 21 | "Secretary" means the Secretary of Financial and | ||||||
| 22 | Professional Regulation or the Secretary's designee. | ||||||
| 23 | "Standards of practice" means recognized standards to be | ||||||
| 24 | used in a home inspection, as determined by the Department and | ||||||
| 25 | established by rule. | ||||||
| 26 | (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.) | ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 441/5-5) | ||||||
| 2 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 3 | Sec. 5-5. Necessity of license; use of title; exemptions. | ||||||
| 4 | (a) It is unlawful for any person, including any entity, | ||||||
| 5 | to act or assume to act as a home inspector, to engage in the | ||||||
| 6 | business of home inspection, to develop a home inspection | ||||||
| 7 | report, to practice as a home inspector, or to advertise or | ||||||
| 8 | hold oneself out to be a home inspector without a home | ||||||
| 9 | inspector license issued under this Act. A person who violates | ||||||
| 10 | this subsection is guilty of a Class A misdemeanor for the | ||||||
| 11 | first offense and a Class 4 felony for the second and any | ||||||
| 12 | subsequent offenses. | ||||||
| 13 | (b) It is unlawful for any person, other than a person who | ||||||
| 14 | holds a valid home inspector license issued pursuant to this | ||||||
| 15 | Act, to use the title "home inspector" or any other title, | ||||||
| 16 | designation, or abbreviation likely to create the impression | ||||||
| 17 | that the person is licensed as a home inspector pursuant to | ||||||
| 18 | this Act. A person who violates this subsection is guilty of a | ||||||
| 19 | Class A misdemeanor. | ||||||
| 20 | (c) The licensing requirements of this Article do not | ||||||
| 21 | apply to: | ||||||
| 22 | (1) any person who is employed as a code enforcement | ||||||
| 23 | official by the State of Illinois or any unit of local | ||||||
| 24 | government, while acting within the scope of that | ||||||
| 25 | government employment; | ||||||
| |||||||
| |||||||
| 1 | (2) any person licensed in this State by any other law | ||||||
| 2 | who is engaging in the profession or occupation for which | ||||||
| 3 | the person is licensed; or | ||||||
| 4 | (3) any person engaged by the owner or lessor of | ||||||
| 5 | residential real property for the purpose of preparing a | ||||||
| 6 | bid or estimate as to the work necessary or the costs | ||||||
| 7 | associated with performing home construction, home | ||||||
| 8 | remodeling, or home repair work on the residential real | ||||||
| 9 | property, provided such person does not advertise or hold | ||||||
| 10 | oneself out as engaged in business as a home inspector. | ||||||
| 11 | (d) The licensing of home inspector entities required | ||||||
| 12 | under this Act does not apply to an entity whose ownership | ||||||
| 13 | structure is one licensed home inspector operating either (1) | ||||||
| 14 | a sole proprietorship, a single member limited liability | ||||||
| 15 | company, or a single shareholder corporation, or (2) a limited | ||||||
| 16 | liability company, corporation, or partnership co-owned solely | ||||||
| 17 | with the home inspector's unlicensed spouse. and that The home | ||||||
| 18 | inspector owner or operator shall be is the only licensee | ||||||
| 19 | licensed home inspector performing inspections on the entity's | ||||||
| 20 | behalf and the . The licensed home inspector who is the sole | ||||||
| 21 | proprietor, sole shareholder, or single member of the company | ||||||
| 22 | or entity shall comply with all other provisions of this Act. | ||||||
| 23 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 24 | (225 ILCS 441/5-12) | ||||||
| 25 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-12. Application for home inspector license; entity. | ||||||
| 2 | Every entity that is not a natural person that desires to | ||||||
| 3 | obtain a home inspector license shall apply to the Department | ||||||
| 4 | in a manner prescribed by the Department and accompanied by | ||||||
| 5 | the required fee. | ||||||
| 6 | Applicants have 3 years after the date of the application | ||||||
| 7 | to complete the application process. If the process has not | ||||||
| 8 | been completed within 3 years, the application shall be | ||||||
| 9 | denied, the fee forfeited, and the applicant must reapply and | ||||||
| 10 | meet the requirements in effect at the time of reapplication. | ||||||
| 11 | A corporation, limited liability company, partnership, or | ||||||
| 12 | entity shall, as a condition of licensure, designate a | ||||||
| 13 | managing licensed home inspector. The home inspector entity | ||||||
| 14 | and the designated managing home inspector of that any home | ||||||
| 15 | inspector entity shall be responsible for the actions of all | ||||||
| 16 | licensed and unlicensed employees, agents, and representatives | ||||||
| 17 | of that home inspector entity that provides while it is | ||||||
| 18 | providing a home inspection or home inspection service. All | ||||||
| 19 | other requirements for home inspector entities shall be | ||||||
| 20 | established by rule. | ||||||
| 21 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 22 | (225 ILCS 441/5-16) | ||||||
| 23 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 24 | Sec. 5-16. Renewal of license. | ||||||
| 25 | (a) The expiration date and renewal period for a home | ||||||
| |||||||
| |||||||
| 1 | inspector license issued under this Act shall be set by rule. | ||||||
| 2 | Except as otherwise provided in subsections (b) and (c) of | ||||||
| 3 | this Section, the holder of a license may renew the license | ||||||
| 4 | within 90 days preceding the expiration date by: | ||||||
| 5 | (1) completing and submitting to the Department a | ||||||
| 6 | renewal application in a manner prescribed by the | ||||||
| 7 | Department; | ||||||
| 8 | (2) paying the required fees; and | ||||||
| 9 | (3) providing evidence of successful completion of the | ||||||
| 10 | continuing education requirements through courses approved | ||||||
| 11 | by the Department given by education providers licensed by | ||||||
| 12 | the Department, as established by rule. | ||||||
| 13 | (b) A home inspector whose license under this Act has | ||||||
| 14 | expired may renew the license for a period of 2 years following | ||||||
| 15 | the expiration date by complying with the requirements of | ||||||
| 16 | subparagraphs (1), (2), and (3) of subsection (a) of this | ||||||
| 17 | Section and paying any late fees penalties established by | ||||||
| 18 | rule. | ||||||
| 19 | (b-5) A home inspector whose license has been lapsed or | ||||||
| 20 | expired for more than 2 years but less than 5 years may restore | ||||||
| 21 | the license without examination by (i) applying to the | ||||||
| 22 | Department, (ii) providing evidence of the successful | ||||||
| 23 | completion of all hours of approved continuing education | ||||||
| 24 | during the lapsed time periods prior to the date of the | ||||||
| 25 | application, (iii) paying the required fees, and (iv) | ||||||
| 26 | satisfying any other requirements as established by rule. A | ||||||
| |||||||
| |||||||
| 1 | home inspector whose license has been expired for more than 5 | ||||||
| 2 | years shall be required to meet the requirements of a new | ||||||
| 3 | license. | ||||||
| 4 | (c) Notwithstanding subsection (b), a home inspector whose | ||||||
| 5 | license under this Act has expired may renew or restore the | ||||||
| 6 | license without paying any lapsed renewal fees or late | ||||||
| 7 | penalties and without completing the continuing education | ||||||
| 8 | requirements for that licensure period if the license expired | ||||||
| 9 | while the home inspector was (i) in federal service on active | ||||||
| 10 | duty with the Armed Forces of the United States or called into | ||||||
| 11 | service or training with the State Militia, (ii) in training | ||||||
| 12 | or education under the supervision of the United States | ||||||
| 13 | preliminary to induction into the military service, or (iii) | ||||||
| 14 | serving as an employee of the Department and within 2 years | ||||||
| 15 | after the termination of the service, training, or education, | ||||||
| 16 | the licensee furnishes the Department with satisfactory | ||||||
| 17 | evidence of service, training, or education and was terminated | ||||||
| 18 | under honorable conditions. | ||||||
| 19 | (d) The Department shall provide reasonable care and due | ||||||
| 20 | diligence to ensure that each licensee under this Act is | ||||||
| 21 | provided a renewal application at least 90 days prior to the | ||||||
| 22 | expiration date, but it is the responsibility of each licensee | ||||||
| 23 | to renew the license prior to its expiration date. | ||||||
| 24 | (e) The Department shall not issue or renew a license if | ||||||
| 25 | the applicant or licensee has an unpaid fine or fee from a | ||||||
| 26 | disciplinary matter or from a non-disciplinary action imposed | ||||||
| |||||||
| |||||||
| 1 | by the Department until the fine or fee is paid to the | ||||||
| 2 | Department or the applicant or licensee has entered into a | ||||||
| 3 | payment plan and is current on the required payments. | ||||||
| 4 | (f) The Department shall not issue or renew a license if | ||||||
| 5 | the applicant or licensee has an unpaid fine or civil penalty | ||||||
| 6 | imposed by the Department for unlicensed practice until the | ||||||
| 7 | fine or civil penalty is paid to the Department or the | ||||||
| 8 | applicant or licensee has entered into a payment plan and is | ||||||
| 9 | current on the required payments. | ||||||
| 10 | (g) A home inspector who notifies the Department, in a | ||||||
| 11 | manner prescribed by the Department, may place the license on | ||||||
| 12 | inactive status for a period not to exceed 2 years and shall be | ||||||
| 13 | excused from the payment of renewal fees until the person | ||||||
| 14 | notifies the Department in writing of the intention to resume | ||||||
| 15 | active practice. | ||||||
| 16 | (h) A home inspector requesting that the license be | ||||||
| 17 | changed from inactive to active status shall be required to | ||||||
| 18 | pay the current renewal fee and shall also demonstrate | ||||||
| 19 | compliance with the continuing education requirements. | ||||||
| 20 | (i) No licensee with a nonrenewed or inactive license | ||||||
| 21 | status shall provide home inspection services as set forth in | ||||||
| 22 | this Act. | ||||||
| 23 | (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; | ||||||
| 24 | 103-236, eff. 1-1-24.) | ||||||
| 25 | (225 ILCS 441/5-20) | ||||||
| |||||||
| |||||||
| 1 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 2 | Sec. 5-20. Endorsement. The Department may, in its | ||||||
| 3 | discretion, license as a home inspector, by endorsement, on | ||||||
| 4 | payment of the required fee, and without the required | ||||||
| 5 | examination, an applicant who is a home inspector licensed | ||||||
| 6 | under the laws of another state or territory, if (i) the | ||||||
| 7 | requirements for licensure in the state or territory in which | ||||||
| 8 | the applicant was licensed were, at the date of licensure, | ||||||
| 9 | substantially equivalent to the requirements in force in this | ||||||
| 10 | State on that date. or (ii) there were no requirements in force | ||||||
| 11 | in this State on the date of licensure and the applicant | ||||||
| 12 | possessed individual qualifications on that date that are | ||||||
| 13 | substantially similar to the requirements under this Act. The | ||||||
| 14 | Department may adopt any rules necessary to implement this | ||||||
| 15 | Section. | ||||||
| 16 | Applicants have 3 years after the date of application to | ||||||
| 17 | complete the application process. If the process has not been | ||||||
| 18 | completed within 3 years, the application shall be denied, the | ||||||
| 19 | fee forfeited, and the applicant must reapply and meet the | ||||||
| 20 | requirements in effect at the time of reapplication. | ||||||
| 21 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 22 | (225 ILCS 441/15-10) | ||||||
| 23 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 24 | Sec. 15-10. Grounds for disciplinary action. | ||||||
| 25 | (a) The Department may refuse to issue or renew, or may | ||||||
| |||||||
| |||||||
| 1 | revoke, suspend, place on probation, reprimand, or take other | ||||||
| 2 | disciplinary or non-disciplinary action as the Department may | ||||||
| 3 | deem appropriate, including imposing fines not to exceed | ||||||
| 4 | $25,000 for each violation upon any licensee or applicant | ||||||
| 5 | under this Act or any person or entity who holds oneself out as | ||||||
| 6 | an applicant or licensee, for any one or combination of the | ||||||
| 7 | following: | ||||||
| 8 | (1) Fraud or misrepresentation in applying for, or | ||||||
| 9 | procuring a license under this Act or in connection with | ||||||
| 10 | applying for renewal of a license under this Act. | ||||||
| 11 | (2) Failing to meet the minimum qualifications for | ||||||
| 12 | licensure as a home inspector established by this Act. | ||||||
| 13 | (3) Paying money, other than for the fees provided for | ||||||
| 14 | by this Act, or anything of value to an employee of the | ||||||
| 15 | Department to procure licensure under this Act. | ||||||
| 16 | (4) Conviction of, or plea of guilty or nolo | ||||||
| 17 | contendere, or finding as enumerated in subsection (c) of | ||||||
| 18 | Section 5-10, under the laws of any jurisdiction of the | ||||||
| 19 | United States: (i) that is a felony, misdemeanor, or | ||||||
| 20 | administrative sanction, or (ii) that is a crime that | ||||||
| 21 | subjects the licensee to compliance with the requirements | ||||||
| 22 | of the Sex Offender Registration Act. | ||||||
| 23 | (5) Committing an act or omission involving | ||||||
| 24 | dishonesty, fraud, or misrepresentation with the intent to | ||||||
| 25 | substantially benefit the licensee or another person or | ||||||
| 26 | with the intent to substantially injure another person. | ||||||
| |||||||
| |||||||
| 1 | (6) Violating a provision or standard for the | ||||||
| 2 | development or communication of home inspections as | ||||||
| 3 | provided in Section 10-5 of this Act or as defined in the | ||||||
| 4 | rules. | ||||||
| 5 | (7) Failing or refusing to exercise reasonable | ||||||
| 6 | diligence in the development, reporting, or communication | ||||||
| 7 | of a home inspection report, as defined by this Act or the | ||||||
| 8 | rules. | ||||||
| 9 | (8) Violating a provision of this Act or the rules. | ||||||
| 10 | (9) Having been disciplined by another state, the | ||||||
| 11 | District of Columbia, a territory, a foreign nation, a | ||||||
| 12 | governmental agency, or any other entity authorized to | ||||||
| 13 | impose discipline if at least one of the grounds for that | ||||||
| 14 | discipline is the same as or substantially equivalent to | ||||||
| 15 | one of the grounds for which a licensee may be disciplined | ||||||
| 16 | under this Act. | ||||||
| 17 | (10) Engaging in dishonorable, unethical, or | ||||||
| 18 | unprofessional conduct of a character likely to deceive, | ||||||
| 19 | defraud, or harm the public. | ||||||
| 20 | (11) Accepting an inspection assignment when the | ||||||
| 21 | employment itself is contingent upon the home inspector | ||||||
| 22 | reporting a predetermined analysis or opinion, or when the | ||||||
| 23 | fee to be paid is contingent upon the analysis, opinion, | ||||||
| 24 | or conclusion reached or upon the consequences resulting | ||||||
| 25 | from the home inspection assignment. | ||||||
| 26 | (12) Developing home inspection opinions or | ||||||
| |||||||
| |||||||
| 1 | conclusions based on the race, color, religion, sex, | ||||||
| 2 | national origin, ancestry, age, marital status, family | ||||||
| 3 | status, physical or mental disability, military status, | ||||||
| 4 | unfavorable discharge from military status, sexual | ||||||
| 5 | orientation, order of protection status, pregnancy, or any | ||||||
| 6 | other protected class as defined under the Illinois Human | ||||||
| 7 | Rights Act, of the prospective or present owners or | ||||||
| 8 | occupants of the area or property under home inspection. | ||||||
| 9 | (13) Being adjudicated liable in a civil proceeding on | ||||||
| 10 | grounds of fraud, misrepresentation, or deceit. In a | ||||||
| 11 | disciplinary proceeding based upon a finding of civil | ||||||
| 12 | liability, the home inspector shall be afforded an | ||||||
| 13 | opportunity to present mitigating and extenuating | ||||||
| 14 | circumstances, but may not collaterally attack the civil | ||||||
| 15 | adjudication. | ||||||
| 16 | (14) Being adjudicated liable in a civil proceeding | ||||||
| 17 | for violation of a State or federal fair housing law. | ||||||
| 18 | (15) Engaging in misleading or untruthful advertising | ||||||
| 19 | or using a trade name or insignia of membership in a home | ||||||
| 20 | inspection organization of which the licensee is not a | ||||||
| 21 | member. | ||||||
| 22 | (16) Failing, within 30 days, to provide information | ||||||
| 23 | in response to a written request made by the Department. | ||||||
| 24 | (17) Failing to include within the home inspection | ||||||
| 25 | report the home inspector's license number and the date of | ||||||
| 26 | expiration of the license. The names of (i) all persons | ||||||
| |||||||
| |||||||
| 1 | who conducted the home inspection; and (ii) all persons | ||||||
| 2 | who prepared the subsequent written evaluation or any part | ||||||
| 3 | thereof must be disclosed in the report. It is a violation | ||||||
| 4 | of this Act for a home inspector to sign a home inspection | ||||||
| 5 | report knowing that the names of all such persons have not | ||||||
| 6 | been disclosed in the home inspection report. | ||||||
| 7 | (18) Advising a client as to whether the client should | ||||||
| 8 | or should not engage in a transaction regarding the | ||||||
| 9 | residential real property that is the subject of the home | ||||||
| 10 | inspection. | ||||||
| 11 | (19) Performing a home inspection in a manner that | ||||||
| 12 | damages or alters the residential real property that is | ||||||
| 13 | the subject of the home inspection without the consent of | ||||||
| 14 | the owner. | ||||||
| 15 | (20) Performing a home inspection when the home | ||||||
| 16 | inspector is providing or may also provide other services | ||||||
| 17 | in connection with the residential real property or | ||||||
| 18 | transaction, or has an interest in the residential real | ||||||
| 19 | property, without providing prior written notice of the | ||||||
| 20 | potential or actual conflict and obtaining the prior | ||||||
| 21 | consent of the client as provided by rule. | ||||||
| 22 | (21) Aiding or assisting another person in violating | ||||||
| 23 | any provision of this Act or rules adopted under this Act. | ||||||
| 24 | (22) Inability to practice with reasonable judgment, | ||||||
| 25 | skill, or safety as a result of habitual or excessive use | ||||||
| 26 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
| |||||||
| |||||||
| 1 | other chemical agent or drug, which may result in | ||||||
| 2 | significant harm to the public. | ||||||
| 3 | (23) A finding by the Department that the licensee, | ||||||
| 4 | after having the license placed on probationary status, | ||||||
| 5 | has violated the terms of probation. | ||||||
| 6 | (24) Willfully making or filing false records or | ||||||
| 7 | reports related to the practice of home inspection, | ||||||
| 8 | including, but not limited to, false records filed with | ||||||
| 9 | State agencies or departments. | ||||||
| 10 | (25) Charging for professional services not rendered, | ||||||
| 11 | including filing false statements for the collection of | ||||||
| 12 | fees for which services are not rendered. | ||||||
| 13 | (26) Practicing under a false or, except as provided | ||||||
| 14 | by law, an assumed name. | ||||||
| 15 | (27) Cheating on or attempting to subvert the | ||||||
| 16 | licensing examination administered under this Act. | ||||||
| 17 | (28) Engaging in any of the following prohibited | ||||||
| 18 | fraudulent, false, deceptive, or misleading advertising | ||||||
| 19 | practices: | ||||||
| 20 | (i) advertising as a home inspector or operating a | ||||||
| 21 | home inspection business entity unless there is a duly | ||||||
| 22 | licensed home inspector responsible for all inspection | ||||||
| 23 | activities and all inspections; | ||||||
| 24 | (ii) advertising that contains a misrepresentation | ||||||
| 25 | of facts or false statements regarding the licensee's | ||||||
| 26 | professional achievements, degrees, training, skills, | ||||||
| |||||||
| |||||||
| 1 | or qualifications in the home inspection profession or | ||||||
| 2 | any other profession requiring licensure; | ||||||
| 3 | (iii) advertising that makes only a partial | ||||||
| 4 | disclosure of relevant facts related to pricing or | ||||||
| 5 | home inspection services; and | ||||||
| 6 | (iv) advertising that claims this State or any of | ||||||
| 7 | its political subdivisions endorse the home inspection | ||||||
| 8 | report or its contents. | ||||||
| 9 | (29) Disclosing, except as otherwise required by law, | ||||||
| 10 | inspection results or client information obtained without | ||||||
| 11 | the client's written consent. A home inspector shall not | ||||||
| 12 | deliver a home inspection report to any person other than | ||||||
| 13 | the client of the home inspector without the client's | ||||||
| 14 | written consent. | ||||||
| 15 | (30) Providing fees, gifts, waivers of liability, or | ||||||
| 16 | other forms of compensation or gratuities to persons | ||||||
| 17 | licensed under any real estate professional licensing Act | ||||||
| 18 | act in this State as consideration or inducement for the | ||||||
| 19 | referral of business. | ||||||
| 20 | (31) Violating the terms of any order issued by the | ||||||
| 21 | Department. | ||||||
| 22 | (b) The Department may suspend, revoke, or refuse to issue | ||||||
| 23 | or renew an education provider's license, may reprimand, place | ||||||
| 24 | on probation, or otherwise discipline an education provider | ||||||
| 25 | licensee, and may suspend or revoke the course approval of any | ||||||
| 26 | course offered by an education provider, for any of the | ||||||
| |||||||
| |||||||
| 1 | following: | ||||||
| 2 | (1) Procuring or attempting to procure licensure by | ||||||
| 3 | knowingly making a false statement, submitting false | ||||||
| 4 | information, making any form of fraud or | ||||||
| 5 | misrepresentation, or refusing to provide complete | ||||||
| 6 | information in response to a question in an application | ||||||
| 7 | for licensure. | ||||||
| 8 | (2) Failing to comply with the covenants certified to | ||||||
| 9 | on the application for licensure as an education provider. | ||||||
| 10 | (3) Committing an act or omission involving | ||||||
| 11 | dishonesty, fraud, or misrepresentation or allowing any | ||||||
| 12 | such act or omission by any employee or contractor under | ||||||
| 13 | the control of the education provider. | ||||||
| 14 | (4) Engaging in misleading or untruthful advertising. | ||||||
| 15 | (5) Failing to retain competent instructors in | ||||||
| 16 | accordance with rules adopted under this Act. | ||||||
| 17 | (6) Failing to meet the topic or time requirements for | ||||||
| 18 | course approval as the provider of a pre-license | ||||||
| 19 | curriculum course or a continuing education course. | ||||||
| 20 | (7) Failing to administer an approved course using the | ||||||
| 21 | course materials, syllabus, and examinations submitted as | ||||||
| 22 | the basis of the course approval. | ||||||
| 23 | (8) Failing to provide an appropriate classroom | ||||||
| 24 | environment for presentation of courses, with | ||||||
| 25 | consideration for student comfort, acoustics, lighting, | ||||||
| 26 | seating, workspace, and visual aid material. | ||||||
| |||||||
| |||||||
| 1 | (9) Failing to maintain student records in compliance | ||||||
| 2 | with the rules adopted under this Act. | ||||||
| 3 | (10) Failing to provide a certificate, transcript, or | ||||||
| 4 | other student record to the Department or to a student as | ||||||
| 5 | may be required by rule. | ||||||
| 6 | (11) Failing to fully cooperate with a Department | ||||||
| 7 | investigation by knowingly making a false statement, | ||||||
| 8 | submitting false or misleading information, or refusing to | ||||||
| 9 | provide complete information in response to written | ||||||
| 10 | interrogatories or a written request for documentation | ||||||
| 11 | within 30 days of the request. | ||||||
| 12 | (c) (Blank). | ||||||
| 13 | (d) The Department may refuse to issue or may suspend | ||||||
| 14 | without hearing, as provided for in the Code of Civil | ||||||
| 15 | Procedure, the license of any person who fails to file a tax | ||||||
| 16 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
| 17 | tax return, or to pay any final assessment of tax, penalty, or | ||||||
| 18 | interest, as required by any tax Act administered by the | ||||||
| 19 | Illinois Department of Revenue, until such time as the | ||||||
| 20 | requirements of the tax Act are satisfied in accordance with | ||||||
| 21 | subsection (g) of Section 2105-15 of the Civil Administrative | ||||||
| 22 | Code of Illinois. | ||||||
| 23 | (e) (Blank). | ||||||
| 24 | (f) In cases where the Department of Healthcare and Family | ||||||
| 25 | Services has previously determined that a licensee or a | ||||||
| 26 | potential licensee is more than 30 days delinquent in the | ||||||
| |||||||
| |||||||
| 1 | payment of child support and has subsequently certified the | ||||||
| 2 | delinquency to the Department, the Department may refuse to | ||||||
| 3 | issue or renew or may revoke or suspend that person's license | ||||||
| 4 | or may take other disciplinary action against that person | ||||||
| 5 | based solely upon the certification of delinquency made by the | ||||||
| 6 | Department of Healthcare and Family Services in accordance | ||||||
| 7 | with item (5) of subsection (a) of Section 2105-15 of the Civil | ||||||
| 8 | Administrative Code of Illinois. | ||||||
| 9 | (g) The determination by a circuit court that a licensee | ||||||
| 10 | is subject to involuntary admission or judicial admission, as | ||||||
| 11 | provided in the Mental Health and Developmental Disabilities | ||||||
| 12 | Code, operates as an automatic suspension. The suspension will | ||||||
| 13 | end only upon a finding by a court that the patient is no | ||||||
| 14 | longer subject to involuntary admission or judicial admission | ||||||
| 15 | and the issuance of a court order so finding and discharging | ||||||
| 16 | the patient. | ||||||
| 17 | (h) (Blank). | ||||||
| 18 | (j) In accordance with subsection (g-5) of Section 2105-15 | ||||||
| 19 | of the Civil Administrative Code of Illinois, the Department | ||||||
| 20 | may refuse to issue, refuse to renew, suspend, or revoke, | ||||||
| 21 | without a hearing, the license of any person or entity who | ||||||
| 22 | fails to pay, perform, or secure workers' compensation | ||||||
| 23 | obligations as determined by and based solely upon the | ||||||
| 24 | certification of the Department of Insurance or the Illinois | ||||||
| 25 | Workers' Compensation Commission. | ||||||
| 26 | (Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24; | ||||||
| |||||||
| |||||||
| 1 | revised 6-25-25.) | ||||||
| 2 | (225 ILCS 441/15-10.1) | ||||||
| 3 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 4 | Sec. 15-10.1. Citations. | ||||||
| 5 | (a) The Department may adopt rules to permit the issuance | ||||||
| 6 | of citations to any licensee for failure to comply with the | ||||||
| 7 | continuing education requirements set forth in this Act or as | ||||||
| 8 | established by rule. The citation shall be issued to the | ||||||
| 9 | licensee and shall contain the licensee's name, the licensee's | ||||||
| 10 | address, the licensee's license number, the number of required | ||||||
| 11 | hours of continuing education that have not been successfully | ||||||
| 12 | completed by the licensee's licensee within the renewal | ||||||
| 13 | deadline period, and the penalty imposed, which shall not | ||||||
| 14 | exceed $2,000. The issuance of a citation shall not excuse the | ||||||
| 15 | licensee from completing all continuing education required for | ||||||
| 16 | that renewal period. | ||||||
| 17 | (b) Service of a citation shall be made in person, | ||||||
| 18 | electronically, or by mail to the licensee at the licensee's | ||||||
| 19 | address of record or email address of record, and the citation | ||||||
| 20 | must clearly state that if the cited licensee wishes to | ||||||
| 21 | dispute the citation, the cited licensee may make a written | ||||||
| 22 | request, within 30 days after the citation is served, for a | ||||||
| 23 | hearing before the Department. If the cited licensee does not | ||||||
| 24 | request a hearing within 30 days after the citation is served, | ||||||
| 25 | then the citation shall become a final, non-disciplinary order | ||||||
| |||||||
| |||||||
| 1 | shall be entered, and any fine imposed is due and payable | ||||||
| 2 | within 30 60 days after the entry of that final order. If the | ||||||
| 3 | cited licensee requests a hearing within 30 days after the | ||||||
| 4 | citation is served, the Department shall afford the cited | ||||||
| 5 | licensee a hearing conducted in the same manner as a hearing | ||||||
| 6 | provided for in this Act for any violation of this Act and | ||||||
| 7 | shall determine whether the cited licensee committed the | ||||||
| 8 | violation as charged and whether the fine as levied is | ||||||
| 9 | warranted. If the violation is found, any fine shall | ||||||
| 10 | constitute non-public discipline and be due and payable within | ||||||
| 11 | 30 days after the order of the Secretary, which shall | ||||||
| 12 | constitute a final order of the Department. No change in | ||||||
| 13 | license status may be made by the Department until a final | ||||||
| 14 | order of the Department has been issued. | ||||||
| 15 | (c) Payment of a fine that has been assessed pursuant to | ||||||
| 16 | this Section shall not constitute disciplinary action | ||||||
| 17 | reportable on the Department's website or elsewhere unless a | ||||||
| 18 | licensee has previously received 2 or more citations and been | ||||||
| 19 | assessed 2 or more fines. | ||||||
| 20 | (d) Nothing in this Section shall prohibit or limit the | ||||||
| 21 | Department from taking further action pursuant to this Act and | ||||||
| 22 | rules for additional, repeated, or continuing violations. | ||||||
| 23 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 24 | (225 ILCS 441/15-11) | ||||||
| 25 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| |||||||
| |||||||
| 1 | Sec. 15-11. Illegal discrimination. | ||||||
| 2 | (a) When there has been an adjudication in a civil or | ||||||
| 3 | criminal proceeding that a licensee has illegally | ||||||
| 4 | discriminated while engaged in any activity for which a | ||||||
| 5 | license is required under this Act, the Department, following | ||||||
| 6 | the provision of notice to the licensee and a hearing | ||||||
| 7 | conducted in accordance with Section 15-15 and upon the | ||||||
| 8 | determination by the Secretary as to the extent of the | ||||||
| 9 | suspension or revocation, shall suspend or revoke the license | ||||||
| 10 | of that licensee in a timely manner, unless the adjudication | ||||||
| 11 | is in the appeal process. The finding or judgment of the civil | ||||||
| 12 | or criminal proceeding is a matter of record and the merits of | ||||||
| 13 | the finding or judgment shall not be challenged in a request | ||||||
| 14 | for a hearing by the licensee. | ||||||
| 15 | (b) When there has been an order in an administrative | ||||||
| 16 | proceeding finding that a licensee has illegally discriminated | ||||||
| 17 | while engaged in any activity for which a license is required | ||||||
| 18 | under this Act, the Department, following the provision of | ||||||
| 19 | notice to the licensee and a hearing conducted in accordance | ||||||
| 20 | with Section 15-15 and upon the determination by the Secretary | ||||||
| 21 | as to the nature and extent of the discipline, shall take one | ||||||
| 22 | or more of the disciplinary actions provided for in Section | ||||||
| 23 | 15-10 of this Act in a timely manner, unless the | ||||||
| 24 | administrative order is in the appeal process. The finding of | ||||||
| 25 | the administrative order is a matter of record and the merits | ||||||
| 26 | of the finding shall not be challenged in a request for a | ||||||
| |||||||
| |||||||
| 1 | hearing by the licensee. | ||||||
| 2 | (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.) | ||||||
| 3 | (225 ILCS 441/15-15) | ||||||
| 4 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 5 | Sec. 15-15. Investigation; notice; hearing. The Department | ||||||
| 6 | may investigate the actions of any person who is an applicant, | ||||||
| 7 | licensee, person or persons rendering or offering to render | ||||||
| 8 | home inspection services, or any person holding or claiming to | ||||||
| 9 | hold a license as a home inspector. The Department shall, | ||||||
| 10 | before refusing to issue or renew a license or to discipline a | ||||||
| 11 | person pursuant to Section 15-10, at least 30 days prior to the | ||||||
| 12 | date set for the hearing, (i) notify the person charged in | ||||||
| 13 | writing and the person's managing licensed home inspector, if | ||||||
| 14 | any, of the charges made and the time and place for the hearing | ||||||
| 15 | on the charges, (ii) direct the person to file a written answer | ||||||
| 16 | with the Department under oath within 20 days after the | ||||||
| 17 | service of the notice, and (iii) inform the person that | ||||||
| 18 | failure to file an answer will result in a default entered | ||||||
| 19 | against the person. At the time and place fixed in the notice, | ||||||
| 20 | the Department shall proceed to hear the charges and the | ||||||
| 21 | parties of their counsel shall be accorded ample opportunity | ||||||
| 22 | to present any pertinent statements, testimony, evidence, and | ||||||
| 23 | arguments. The Department may continue the hearing from time | ||||||
| 24 | to time. In case the person, after receiving the notice, fails | ||||||
| 25 | to file an answer, the license, may, in the discretion of the | ||||||
| |||||||
| |||||||
| 1 | Department, be revoked, suspended, placed on probationary | ||||||
| 2 | status, or the Department may take whatever disciplinary | ||||||
| 3 | actions considered proper, including limiting the scope, | ||||||
| 4 | nature, or extent of the person's practice or the imposition | ||||||
| 5 | of a fine, without a hearing, if the act or acts charged | ||||||
| 6 | constitute sufficient grounds for that action under the Act. | ||||||
| 7 | The notice may be served by mail, or, at the discretion of the | ||||||
| 8 | Department, by electronic means to the address of record or | ||||||
| 9 | email address of record specified by the person as last | ||||||
| 10 | updated with the Department. | ||||||
| 11 | A copy of the hearing officer's report or any Order of | ||||||
| 12 | Default, along with a copy of the original or amended | ||||||
| 13 | complaint giving rise to the action, shall be served upon the | ||||||
| 14 | person by the Department in the manner provided in this Act for | ||||||
| 15 | the service of a notice of hearing. Within 20 days after | ||||||
| 16 | service, the person may present to the Department a motion in | ||||||
| 17 | writing for a rehearing, which shall specify the particular | ||||||
| 18 | grounds for rehearing. If the person orders from the reporting | ||||||
| 19 | service and pays for a transcript of the record within the time | ||||||
| 20 | for filing a motion for rehearing, then the 20-day period | ||||||
| 21 | during which a motion may be filed shall commence upon the | ||||||
| 22 | delivery of the transcript to the applicant or licensee. The | ||||||
| 23 | Department may respond to the motion, or if a motion for | ||||||
| 24 | rehearing is denied, then upon denial, the Secretary may enter | ||||||
| 25 | an order in accordance with the recommendations of the hearing | ||||||
| 26 | officer. If the Secretary disagrees in any regard with the | ||||||
| |||||||
| |||||||
| 1 | report of the hearing officer, the Secretary may issue an | ||||||
| 2 | order in contravention thereof. A copy of the Department's | ||||||
| 3 | final disciplinary order shall be delivered to the person and | ||||||
| 4 | the person's managing home inspector, if any. | ||||||
| 5 | (Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24.) | ||||||
| 6 | Section 45. The Real Estate Appraiser Licensing Act of | ||||||
| 7 | 2002 is amended by changing Sections 1-10, 5-5, 5-25, 5-30, | ||||||
| 8 | 15-10, 15-10.1, 15-11, 15-15, and 25-10 as follows: | ||||||
| 9 | (225 ILCS 458/1-10) | ||||||
| 10 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 11 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
| 12 | context otherwise requires: | ||||||
| 13 | "Accredited college or university, junior college, or | ||||||
| 14 | community college" means a college or university, junior | ||||||
| 15 | college, or community college that is approved or accredited | ||||||
| 16 | by the Board of Higher Education, a regional or national | ||||||
| 17 | accreditation association, or by an accrediting agency that is | ||||||
| 18 | recognized by the U.S. Secretary of Education. | ||||||
| 19 | "Address of record" means the designated street address, | ||||||
| 20 | which may not be a post office box, recorded by the Department | ||||||
| 21 | in the applicant's or licensee's application file or license | ||||||
| 22 | file as maintained by the Department. | ||||||
| 23 | "Applicant" means a person who applies to the Department | ||||||
| 24 | for a license under this Act. | ||||||
| |||||||
| |||||||
| 1 | "Appraisal" means (noun) the act or process of developing | ||||||
| 2 | an opinion of value; an opinion of value (adjective) of or | ||||||
| 3 | pertaining to appraising and related functions, such as | ||||||
| 4 | appraisal practice or appraisal services. | ||||||
| 5 | "Appraisal assignment" means a valuation service provided | ||||||
| 6 | pursuant to an agreement between an appraiser and a client. | ||||||
| 7 | "Appraisal firm" means an appraisal entity that is 100% | ||||||
| 8 | owned and controlled by a person or persons licensed in | ||||||
| 9 | Illinois as a certified general real estate appraiser or a | ||||||
| 10 | certified residential real estate appraiser. "Appraisal firm" | ||||||
| 11 | does not include an appraisal management company. | ||||||
| 12 | "Appraisal management company" means any corporation, | ||||||
| 13 | limited liability company, partnership, sole proprietorship, | ||||||
| 14 | subsidiary, unit, or other business entity that directly or | ||||||
| 15 | indirectly: (1) provides appraisal management services to | ||||||
| 16 | creditors or secondary mortgage market participants, including | ||||||
| 17 | affiliates; (2) provides appraisal management services in | ||||||
| 18 | connection with valuing the consumer's principal dwelling as | ||||||
| 19 | security for a consumer credit transaction (including consumer | ||||||
| 20 | credit transactions incorporated into securitizations); and | ||||||
| 21 | (3) any appraisal management company that, within a given | ||||||
| 22 | 12-month period, oversees an appraiser panel of 16 or more | ||||||
| 23 | State-certified appraisers in Illinois or 25 or more | ||||||
| 24 | State-certified or State-licensed appraisers in 2 or more | ||||||
| 25 | jurisdictions. "Appraisal management company" includes a | ||||||
| 26 | hybrid entity. | ||||||
| |||||||
| |||||||
| 1 | "Appraisal practice" means valuation services performed by | ||||||
| 2 | an individual acting as an appraiser, including, but not | ||||||
| 3 | limited to, appraisal or appraisal review. | ||||||
| 4 | "Appraisal qualification board (AQB)" means the | ||||||
| 5 | independent board of the Appraisal Foundation, which, under | ||||||
| 6 | the provisions of Title XI of the Financial Institutions | ||||||
| 7 | Reform, Recovery, and Enforcement Act of 1989, establishes the | ||||||
| 8 | minimum education, experience, and examination requirements | ||||||
| 9 | for real property appraisers to obtain a state certification | ||||||
| 10 | or license. | ||||||
| 11 | "Appraisal report" means any communication, written or | ||||||
| 12 | oral, of an appraisal or appraisal review that is transmitted | ||||||
| 13 | to a client upon completion of an assignment. | ||||||
| 14 | "Appraisal review" means the act or process of developing | ||||||
| 15 | and communicating an opinion about the quality of another | ||||||
| 16 | appraiser's work that was performed as part of an appraisal, | ||||||
| 17 | appraisal review, or appraisal assignment. | ||||||
| 18 | "Appraisal Subcommittee" means the Appraisal Subcommittee | ||||||
| 19 | of the Federal Financial Institutions Examination Council as | ||||||
| 20 | established by Title XI. | ||||||
| 21 | "Appraiser" means a person who performs real estate or | ||||||
| 22 | real property appraisals competently and in a manner that is | ||||||
| 23 | independent, impartial, and objective. | ||||||
| 24 | "Appraiser panel" means a network, list, or roster of | ||||||
| 25 | licensed or certified appraisers approved by the appraisal | ||||||
| 26 | management company or by the end-user client to perform | ||||||
| |||||||
| |||||||
| 1 | appraisals as independent contractors for the appraisal | ||||||
| 2 | management company. "Appraiser panel" includes both appraisers | ||||||
| 3 | accepted by an appraisal management company for consideration | ||||||
| 4 | for future appraisal assignments and appraisers engaged by an | ||||||
| 5 | appraisal management company to perform one or more | ||||||
| 6 | appraisals. For the purposes of determining the size of an | ||||||
| 7 | appraiser panel, only independent contractors of hybrid | ||||||
| 8 | entities shall be counted towards the appraiser panel. | ||||||
| 9 | "Associate real estate trainee appraiser" means an | ||||||
| 10 | entry-level appraiser who holds a license of this | ||||||
| 11 | classification under this Act with restrictions as to the | ||||||
| 12 | scope of practice in accordance with this Act. | ||||||
| 13 | "Automated valuation model" means an automated system that | ||||||
| 14 | is used to derive a property value through the use of available | ||||||
| 15 | property records and various analytic methodologies such as | ||||||
| 16 | comparable sales prices, home characteristics, and price | ||||||
| 17 | changes. | ||||||
| 18 | "Board" means the Real Estate Appraisal Administration and | ||||||
| 19 | Disciplinary Board. | ||||||
| 20 | "Broker price opinion" means an estimate or analysis of | ||||||
| 21 | the probable selling price of a particular interest in real | ||||||
| 22 | estate, which may provide a varying level of detail about the | ||||||
| 23 | property's condition, market, and neighborhood and information | ||||||
| 24 | on comparable sales. The activities of a real estate broker or | ||||||
| 25 | managing broker engaging in the ordinary course of business as | ||||||
| 26 | a broker, as defined in this Section, shall not be considered a | ||||||
| |||||||
| |||||||
| 1 | broker price opinion if no compensation is paid to the broker | ||||||
| 2 | or managing broker, other than compensation based upon the | ||||||
| 3 | sale or rental of real estate. | ||||||
| 4 | "Classroom hour" means 50 minutes of instruction out of | ||||||
| 5 | each 60-minute segment of coursework. | ||||||
| 6 | "Client" means the party or parties who engage an | ||||||
| 7 | appraiser by employment or contract in a specific appraisal | ||||||
| 8 | assignment. | ||||||
| 9 | "Comparative market analysis" is an analysis or opinion | ||||||
| 10 | regarding pricing, marketing, or financial aspects relating to | ||||||
| 11 | a specified interest or interests in real estate that may be | ||||||
| 12 | based upon an analysis of comparative market data, the | ||||||
| 13 | expertise of the real estate broker or managing broker, and | ||||||
| 14 | such other factors as the broker or managing broker may deem | ||||||
| 15 | appropriate in developing or preparing such analysis or | ||||||
| 16 | opinion. The activities of a real estate broker or managing | ||||||
| 17 | broker engaging in the ordinary course of business as a | ||||||
| 18 | broker, as defined in this Section, shall not be considered a | ||||||
| 19 | comparative market analysis if no compensation is paid to the | ||||||
| 20 | broker or managing broker, other than compensation based upon | ||||||
| 21 | the sale or rental of real estate. | ||||||
| 22 | "Coordinator" means the Real Estate Appraisal Coordinator | ||||||
| 23 | created in Section 25-15. | ||||||
| 24 | "Department" means the Department of Financial and | ||||||
| 25 | Professional Regulation. | ||||||
| 26 | "Email address of record" means the designated email | ||||||
| |||||||
| |||||||
| 1 | address recorded by the Department in the applicant's | ||||||
| 2 | application file or the licensee's license file maintained by | ||||||
| 3 | the Department. | ||||||
| 4 | "Evaluation" means a valuation permitted by the appraisal | ||||||
| 5 | regulations of the Federal Financial Institutions Examination | ||||||
| 6 | Council and its federal agencies for transactions that qualify | ||||||
| 7 | for the appraisal threshold exemption, business loan | ||||||
| 8 | exemption, or subsequent transaction exemption. | ||||||
| 9 | "Federal financial institutions regulatory agencies" means | ||||||
| 10 | the Board of Governors of the Federal Reserve System, the | ||||||
| 11 | Federal Deposit Insurance Corporation, the Office of the | ||||||
| 12 | Comptroller of the Currency, the Consumer Financial Protection | ||||||
| 13 | Bureau, and the National Credit Union Administration. | ||||||
| 14 | "Federally related transaction" means any real | ||||||
| 15 | estate-related financial transaction in which a federal | ||||||
| 16 | financial institutions regulatory agency engages in, contracts | ||||||
| 17 | for, or regulates and requires the services of an appraiser. | ||||||
| 18 | "Financial institution" means any bank, savings bank, | ||||||
| 19 | savings and loan association, credit union, mortgage broker, | ||||||
| 20 | mortgage banker, licensee under the Consumer Installment Loan | ||||||
| 21 | Act or the Sales Finance Agency Act, or a corporate fiduciary, | ||||||
| 22 | subsidiary, affiliate, parent company, or holding company of | ||||||
| 23 | any such licensee, or any institution involved in real estate | ||||||
| 24 | financing that is regulated by state or federal law. | ||||||
| 25 | "Hybrid entity" means an appraisal management company that | ||||||
| 26 | hires an appraiser as an employee to perform an appraisal and | ||||||
| |||||||
| |||||||
| 1 | engages an independent contractor to perform an appraisal. | ||||||
| 2 | "License" means the privilege conferred by the Department | ||||||
| 3 | to a person that has fulfilled all requirements prerequisite | ||||||
| 4 | to any type of licensure under this Act. | ||||||
| 5 | "Licensee" means any person licensed under this Act. | ||||||
| 6 | "Multi-state licensing system" means a web-based platform | ||||||
| 7 | that allows an applicant to submit the application or license | ||||||
| 8 | renewal application to the Department online. | ||||||
| 9 | "Person" means an individual, entity, sole proprietorship, | ||||||
| 10 | corporation, limited liability company, partnership, and joint | ||||||
| 11 | venture, foreign or domestic, except that when the context | ||||||
| 12 | otherwise requires, the term may refer to more than one | ||||||
| 13 | individual or other described entity. | ||||||
| 14 | "Real estate" means an identified parcel or tract of land, | ||||||
| 15 | including any improvements. | ||||||
| 16 | "Real estate related financial transaction" means any | ||||||
| 17 | transaction involving: | ||||||
| 18 | (1) the sale, lease, purchase, investment in, or | ||||||
| 19 | exchange of real property, including interests in property | ||||||
| 20 | or the financing thereof; | ||||||
| 21 | (2) the refinancing of real property or interests in | ||||||
| 22 | real property; and | ||||||
| 23 | (3) the use of real property or interest in property | ||||||
| 24 | as security for a loan or investment, including mortgage | ||||||
| 25 | backed securities. | ||||||
| 26 | "Real property" means the interests, benefits, and rights | ||||||
| |||||||
| |||||||
| 1 | inherent in the ownership of real estate. | ||||||
| 2 | "Secretary" means the Secretary of Financial and | ||||||
| 3 | Professional Regulation or the Secretary's designee. | ||||||
| 4 | "State certified general real estate appraiser" means an | ||||||
| 5 | appraiser who holds a license of this classification under | ||||||
| 6 | this Act and such classification applies to the appraisal of | ||||||
| 7 | all types of real property without restrictions as to the | ||||||
| 8 | scope of practice. | ||||||
| 9 | "State certified residential real estate appraiser" means | ||||||
| 10 | an appraiser who holds a license of this classification under | ||||||
| 11 | this Act and such classification applies to the appraisal of | ||||||
| 12 | one to 4 units of residential real property without regard to | ||||||
| 13 | transaction value or complexity, but with restrictions as to | ||||||
| 14 | the scope of practice in a federally related transaction in | ||||||
| 15 | accordance with Title XI, the provisions of USPAP, criteria | ||||||
| 16 | established by the AQB, and further defined by rule. | ||||||
| 17 | "Supervising appraiser" means either (i) an appraiser who | ||||||
| 18 | holds a valid license under this Act as either a State | ||||||
| 19 | certified general real estate appraiser or a State certified | ||||||
| 20 | residential real estate appraiser, who co-signs an appraisal | ||||||
| 21 | report for an associate real estate trainee appraiser or (ii) | ||||||
| 22 | a State certified general real estate appraiser who holds a | ||||||
| 23 | valid license under this Act who co-signs an appraisal report | ||||||
| 24 | for a State certified residential real estate appraiser on | ||||||
| 25 | properties other than one to 4 units of residential real | ||||||
| 26 | property without regard to transaction value or complexity. | ||||||
| |||||||
| |||||||
| 1 | "Title XI" means Title XI of the federal Financial | ||||||
| 2 | Institutions Reform, Recovery, and Enforcement Act of 1989. | ||||||
| 3 | "USPAP" means the Uniform Standards of Professional | ||||||
| 4 | Appraisal Practice as promulgated by the Appraisal Standards | ||||||
| 5 | Board pursuant to Title XI and by rule. | ||||||
| 6 | "Valuation services" means services pertaining to aspects | ||||||
| 7 | of property value. | ||||||
| 8 | "Waiver valuation" means a valuation prepared pursuant to | ||||||
| 9 | the federal Uniform Relocation Assistance and Real Property | ||||||
| 10 | Acquisition Policies Act of 1970, as amended, or prepared | ||||||
| 11 | pursuant to the federal Uniform Relocation Assistance and Real | ||||||
| 12 | Property Acquisition for Federal and Federally-Assisted | ||||||
| 13 | Programs regulations under 49 CFR Part 24 that is not an | ||||||
| 14 | appraisal or represented as an appraisal. | ||||||
| 15 | (Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21; | ||||||
| 16 | 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.) | ||||||
| 17 | (225 ILCS 458/5-5) | ||||||
| 18 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 19 | Sec. 5-5. Necessity of license; use of title; exemptions. | ||||||
| 20 | (a) It is unlawful for a person to (i) act, offer services, | ||||||
| 21 | or advertise services as a State certified general real estate | ||||||
| 22 | appraiser, State certified residential real estate appraiser, | ||||||
| 23 | or associate real estate trainee appraiser, (ii) develop a | ||||||
| 24 | real estate appraisal, (iii) practice as a real estate | ||||||
| 25 | appraiser, or (iv) advertise as a real estate appraiser | ||||||
| |||||||
| |||||||
| 1 | without a license issued under this Act. A person who violates | ||||||
| 2 | this subsection is guilty of a Class A misdemeanor for a first | ||||||
| 3 | offense and a Class 4 felony for any subsequent offense. | ||||||
| 4 | (a-5) It is unlawful for a person, unless registered as an | ||||||
| 5 | appraisal management company, to solicit clients or enter into | ||||||
| 6 | an appraisal engagement with clients without either a | ||||||
| 7 | certified residential real estate appraiser license or a | ||||||
| 8 | certified general real estate appraiser license issued under | ||||||
| 9 | this Act. A person who violates this subsection is guilty of a | ||||||
| 10 | Class A misdemeanor for a first offense and a Class 4 felony | ||||||
| 11 | for any subsequent offense. | ||||||
| 12 | (b) It is unlawful for a person, other than a person who | ||||||
| 13 | holds a valid license issued pursuant to this Act as a State | ||||||
| 14 | certified general real estate appraiser, a State certified | ||||||
| 15 | residential real estate appraiser, or an associate real estate | ||||||
| 16 | trainee appraiser to use these titles or any other title, | ||||||
| 17 | designation, or abbreviation likely to create the impression | ||||||
| 18 | that the person is licensed as a real estate appraiser | ||||||
| 19 | pursuant to this Act. A person who violates this subsection is | ||||||
| 20 | guilty of a Class A misdemeanor for a first offense and a Class | ||||||
| 21 | 4 felony for any subsequent offense. | ||||||
| 22 | (c) This Act does not apply to a person who holds a valid | ||||||
| 23 | license as a real estate broker or managing broker pursuant to | ||||||
| 24 | the Real Estate License Act of 2000 who prepares or provides a | ||||||
| 25 | broker price opinion or comparative market analysis in | ||||||
| 26 | compliance with Section 10-45 of the Real Estate License Act | ||||||
| |||||||
| |||||||
| 1 | of 2000. | ||||||
| 2 | (d) Nothing in this Act shall preclude a State certified | ||||||
| 3 | general real estate appraiser, a State certified residential | ||||||
| 4 | real estate appraiser, or an associate real estate trainee | ||||||
| 5 | appraiser from rendering appraisals for or on behalf of a | ||||||
| 6 | partnership, association, corporation, firm, or group. | ||||||
| 7 | However, no State appraisal license or certification shall be | ||||||
| 8 | issued under this Act to a partnership, association, | ||||||
| 9 | corporation, firm, or group. | ||||||
| 10 | (e) This Act does not apply to a county assessor, township | ||||||
| 11 | assessor, multi-township assessor, county supervisor of | ||||||
| 12 | assessments, or any deputy or employee of any county assessor, | ||||||
| 13 | township assessor, multi-township assessor, or county | ||||||
| 14 | supervisor of assessments in performance of respective duties | ||||||
| 15 | in accordance with the provisions of the Property Tax Code. | ||||||
| 16 | (e-5) For the purposes of this Act, waiver valuations | ||||||
| 17 | valuation waivers may be prepared by a licensed appraiser | ||||||
| 18 | notwithstanding any other provision of this Act, and the | ||||||
| 19 | following types of valuations are not appraisals and may not | ||||||
| 20 | be represented to be appraisals, and a license or | ||||||
| 21 | certification is not required under this Act to perform such | ||||||
| 22 | valuations if the valuations are created in one of the | ||||||
| 23 | following manners: performed by (1) an employee of the | ||||||
| 24 | Illinois Department of Transportation who has completed a | ||||||
| 25 | minimum of 45 hours of course work in real estate appraisal, | ||||||
| 26 | including the principles of real estate appraisals, appraisal | ||||||
| |||||||
| |||||||
| 1 | of partial acquisitions, easement valuation, reviewing | ||||||
| 2 | appraisals in eminent domain, appraisal for federal aid | ||||||
| 3 | highway programs, and appraisal review for federal aid highway | ||||||
| 4 | programs and has at least 2 years' experience in a field | ||||||
| 5 | closely related to real estate; (2) a county engineer who is a | ||||||
| 6 | registered professional engineer under the Professional | ||||||
| 7 | Engineering Practice Act of 1989; (3) an employee of a | ||||||
| 8 | municipality who has (i) completed a minimum of 45 hours of | ||||||
| 9 | coursework in real estate appraisal, including the principles | ||||||
| 10 | of real estate appraisals, appraisal of partial acquisitions, | ||||||
| 11 | easement valuation, reviewing appraisals in eminent domain, | ||||||
| 12 | appraisal for federal aid highway programs, and appraisal | ||||||
| 13 | review for federal aid highway programs and (ii) has either 2 | ||||||
| 14 | years' experience in a field clearly related to real estate or | ||||||
| 15 | has completed 20 hours of additional coursework that is | ||||||
| 16 | sufficient for a person to complete waiver valuations as | ||||||
| 17 | approved by the Federal Highway Administration; or (4) a | ||||||
| 18 | municipal engineer who has completed coursework that is | ||||||
| 19 | sufficient for waiver valuations to be approved by the Federal | ||||||
| 20 | Highway Administration and who is a registered professional | ||||||
| 21 | engineer under the Professional Engineering Act of 1989, under | ||||||
| 22 | the following circumstances: | ||||||
| 23 | (A) a waiver valuation waiver in an amount not to | ||||||
| 24 | exceed $35,000 that $20,000 prepared pursuant to the | ||||||
| 25 | federal Uniform Relocation Assistance and Real Property | ||||||
| 26 | Acquisition Policies Act of 1970, or prepared pursuant to | ||||||
| |||||||
| |||||||
| 1 | the federal Uniform Relocation Assistance and Real | ||||||
| 2 | Property Acquisition for Federal and Federally-Assisted | ||||||
| 3 | Programs regulations and which is performed by : | ||||||
| 4 | (1) an employee of the Illinois Department of | ||||||
| 5 | Transportation who is a registered professional | ||||||
| 6 | engineer under the Professional Engineering Practice | ||||||
| 7 | Act of 1989 or an employee of the Illinois Department | ||||||
| 8 | of Transportation that is and co-signed, with a | ||||||
| 9 | license number affixed, by another employee of the | ||||||
| 10 | Illinois Department of Transportation who is a | ||||||
| 11 | registered professional engineer under the | ||||||
| 12 | Professional Engineering Practice Act of 1989, with a | ||||||
| 13 | license number affixed; | ||||||
| 14 | (2) an employee of the Illinois Department of | ||||||
| 15 | Transportation or an employee of a consultant or | ||||||
| 16 | subconsultant under contract to provide land | ||||||
| 17 | acquisition services to the Illinois Department of | ||||||
| 18 | Transportation who has at least 2 years of experience | ||||||
| 19 | in a field closely related to real estate and who has | ||||||
| 20 | completed a minimum of 45 hours of course work in real | ||||||
| 21 | estate appraisal, including the principles of real | ||||||
| 22 | estate appraisals, appraisal of partial acquisitions, | ||||||
| 23 | easement valuation, reviewing appraisals in eminent | ||||||
| 24 | domain, appraisal for federal aid highway programs, or | ||||||
| 25 | appraisal review for federal aid highway programs; | ||||||
| 26 | (3) a county or municipal engineer who is a | ||||||
| |||||||
| |||||||
| 1 | registered professional engineer under the | ||||||
| 2 | Professional Engineering Practice Act of 1989, with | ||||||
| 3 | engineer's signature and license number affixed; | ||||||
| 4 | (4) a municipal engineer who has completed | ||||||
| 5 | coursework that is sufficient for waiver valuations to | ||||||
| 6 | be approved by the Federal Highway Administration and | ||||||
| 7 | who is a registered professional engineer under the | ||||||
| 8 | Professional Engineering Act of 1989; | ||||||
| 9 | (5) or (2) an employee of a county or municipality | ||||||
| 10 | who is and co-signed with a license number affixed by | ||||||
| 11 | the applicable a county or municipal engineer who is a | ||||||
| 12 | registered professional engineer under the | ||||||
| 13 | Professional Engineering Practice Act of 1989, with a | ||||||
| 14 | license number affixed; | ||||||
| 15 | (6) an employee of a municipality who has | ||||||
| 16 | (A) completed a minimum of 45 hours of | ||||||
| 17 | coursework in real estate appraisal, including the | ||||||
| 18 | principles of real estate appraisals, appraisal of | ||||||
| 19 | partial acquisitions, easement valuation, | ||||||
| 20 | reviewing appraisals in eminent domain, appraisal | ||||||
| 21 | for federal aid highway programs, and appraisal | ||||||
| 22 | review for federal aid highway programs; and | ||||||
| 23 | (B) has either 2 years of experience in a | ||||||
| 24 | field clearly related to real estate or has | ||||||
| 25 | completed 20 hours of additional coursework that | ||||||
| 26 | is sufficient for the employee to complete waiver | ||||||
| |||||||
| |||||||
| 1 | valuations as approved by the Federal Highway | ||||||
| 2 | Administration; or | ||||||
| 3 | (7) a nonresident appraiser licensed in another | ||||||
| 4 | jurisdiction who does not represent themselves to be | ||||||
| 5 | an Illinois-licensed appraiser; or and | ||||||
| 6 | (B) a waiver valuation waiver in an amount not to | ||||||
| 7 | exceed $50,000 that (i) is performed by a licensed | ||||||
| 8 | certified general real estate appraiser, a licensed | ||||||
| 9 | certified residential real estate appraiser, or an | ||||||
| 10 | associate real estate trainee appraiser employed by the | ||||||
| 11 | Illinois Department of Transportation, (ii) includes the | ||||||
| 12 | signature and licensee numbers of the appraiser or the | ||||||
| 13 | trainee and their supervising appraiser, and (iii) is | ||||||
| 14 | co-signed by an employee of the Illinois Department of | ||||||
| 15 | Transportation who is a registered professional engineer | ||||||
| 16 | under the Professional Engineering Practice Act of 1989, | ||||||
| 17 | with a license number affixed $20,000 prepared pursuant to | ||||||
| 18 | the federal Uniform Relocation Assistance and Real | ||||||
| 19 | Property Acquisition Policies Act of 1970, or prepared | ||||||
| 20 | pursuant to the federal Uniform Relocation Assistance and | ||||||
| 21 | Real Property Acquisition for Federal and | ||||||
| 22 | Federally-Assisted Programs regulations and which is | ||||||
| 23 | performed by a county or municipal engineer who is | ||||||
| 24 | employed by a county or municipality and is a registered | ||||||
| 25 | professional engineer under the Professional Engineering | ||||||
| 26 | Practice Act of 1989. The valuation shall include the | ||||||
| |||||||
| |||||||
| 1 | county or municipal engineer's signature and license | ||||||
| 2 | number. | ||||||
| 3 | Nothing in this subsection (e-5) shall be construed to | ||||||
| 4 | allow the State of Illinois, a political subdivision thereof, | ||||||
| 5 | or any public body to acquire real estate by eminent domain in | ||||||
| 6 | any manner other than provided for in the Eminent Domain Act. | ||||||
| 7 | (f) A State real estate appraisal certification or license | ||||||
| 8 | is not required under this Act for any person, partnership, | ||||||
| 9 | association, or corporation that performs appraisals of | ||||||
| 10 | property owned by that person, partnership, association, or | ||||||
| 11 | corporation for the sole use of that person, partnership, | ||||||
| 12 | association, or corporation. | ||||||
| 13 | Any person who is certified or licensed under this Act and | ||||||
| 14 | who performs any of the activities set forth in this | ||||||
| 15 | subsection (f) must comply with the provisions of this Act. A | ||||||
| 16 | person who violates this subsection (f) is guilty of a Class A | ||||||
| 17 | misdemeanor for a first offense and a Class 4 felony for any | ||||||
| 18 | subsequent offense. | ||||||
| 19 | (g) This Act does not apply to an employee, officer, | ||||||
| 20 | director, or member of a credit or loan committee of a | ||||||
| 21 | financial institution or any other person engaged by a | ||||||
| 22 | financial institution when performing an evaluation of real | ||||||
| 23 | property for the sole use of the financial institution in a | ||||||
| 24 | transaction for which the financial institution would not be | ||||||
| 25 | required to use the services of a State licensed or State | ||||||
| 26 | certified appraiser pursuant to federal regulations adopted | ||||||
| |||||||
| |||||||
| 1 | under Title XI of the federal Financial Institutions Reform, | ||||||
| 2 | Recovery, and Enforcement Act of 1989. | ||||||
| 3 | (h) This Act does not apply to the procurement of an | ||||||
| 4 | automated valuation model. | ||||||
| 5 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 6 | (225 ILCS 458/5-25) | ||||||
| 7 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 8 | Sec. 5-25. Renewal of license. | ||||||
| 9 | (a) The expiration date and renewal period for a State | ||||||
| 10 | certified general real estate appraiser license or a State | ||||||
| 11 | certified residential real estate appraiser license issued | ||||||
| 12 | under this Act shall be set by rule. Except as otherwise | ||||||
| 13 | provided in subsections (b) and (f) of this Section, the | ||||||
| 14 | holder of a license may renew the license within 90 days | ||||||
| 15 | preceding the expiration date by: | ||||||
| 16 | (1) completing and submitting to the Department, or | ||||||
| 17 | through a multi-state licensing system as designated by | ||||||
| 18 | the Secretary, a renewal application form as provided by | ||||||
| 19 | the Department; | ||||||
| 20 | (2) paying the required fees; and | ||||||
| 21 | (3) providing evidence to the Department, or through a | ||||||
| 22 | multi-state licensing system as designated by the | ||||||
| 23 | Secretary, of successful completion of the continuing | ||||||
| 24 | education requirements through courses approved by the | ||||||
| 25 | Department from education providers licensed by the | ||||||
| |||||||
| |||||||
| 1 | Department, as established by the AQB and by rule. | ||||||
| 2 | (b) A State certified general real estate appraiser or | ||||||
| 3 | State certified residential real estate appraiser whose | ||||||
| 4 | license under this Act has expired may renew the license for a | ||||||
| 5 | period of 2 years following the expiration date by complying | ||||||
| 6 | with the requirements of paragraphs (1), (2), and (3) of | ||||||
| 7 | subsection (a) of this Section and paying any late penalties | ||||||
| 8 | established by rule. | ||||||
| 9 | (c) (Blank). | ||||||
| 10 | (d) The expiration date and renewal period for an | ||||||
| 11 | associate real estate trainee appraiser license issued under | ||||||
| 12 | this Act shall be set by rule. Except as otherwise provided in | ||||||
| 13 | subsections (e) and (f) of this Section, the holder of an | ||||||
| 14 | associate real estate trainee appraiser license may renew the | ||||||
| 15 | license within 90 days preceding the expiration date by: | ||||||
| 16 | (1) completing and submitting to the Department, or | ||||||
| 17 | through a multi-state licensing system as designated by | ||||||
| 18 | the Secretary, a renewal application form as provided by | ||||||
| 19 | the Department; | ||||||
| 20 | (2) paying the required fees; and | ||||||
| 21 | (3) providing evidence to the Department, or through a | ||||||
| 22 | multi-state licensing system as designated by the | ||||||
| 23 | Secretary, of successful completion of the continuing | ||||||
| 24 | education requirements through courses approved by the | ||||||
| 25 | Department from education providers approved by the | ||||||
| 26 | Department, as established by rule. | ||||||
| |||||||
| |||||||
| 1 | (e) Any associate real estate trainee appraiser whose | ||||||
| 2 | license under this Act has expired may renew the license for a | ||||||
| 3 | period of 2 years following the expiration date by complying | ||||||
| 4 | with the requirements of paragraphs (1), (2), and (3) of | ||||||
| 5 | subsection (d) of this Section and paying any late penalties | ||||||
| 6 | as established by rule. | ||||||
| 7 | (f) Notwithstanding subsections (b) (c) and (e), an | ||||||
| 8 | appraiser whose license under this Act has expired may renew | ||||||
| 9 | or convert the license without paying any lapsed renewal fees | ||||||
| 10 | or late penalties if the license expired while the appraiser | ||||||
| 11 | was: | ||||||
| 12 | (1) on active duty with the United States Armed | ||||||
| 13 | Services; | ||||||
| 14 | (2) serving as the Coordinator or an employee of the | ||||||
| 15 | Department who was required to surrender the license | ||||||
| 16 | during the term of employment. | ||||||
| 17 | Application for renewal must be made within 2 years | ||||||
| 18 | following the termination of the military service or related | ||||||
| 19 | education, training, or employment and shall include an | ||||||
| 20 | affidavit from the licensee of engagement. | ||||||
| 21 | (g) The Department shall provide reasonable care and due | ||||||
| 22 | diligence to ensure that each licensee under this Act is | ||||||
| 23 | provided with a renewal application at least 90 days prior to | ||||||
| 24 | the expiration date, but timely renewal or conversion of the | ||||||
| 25 | license prior to its expiration date is the responsibility of | ||||||
| 26 | the licensee. | ||||||
| |||||||
| |||||||
| 1 | (h) The Department shall not issue or renew a license if | ||||||
| 2 | the applicant or licensee has an unpaid fine or fee from a | ||||||
| 3 | disciplinary matter or from a non-disciplinary action imposed | ||||||
| 4 | by the Department until the fine or fee is paid to the | ||||||
| 5 | Department or the applicant or licensee has entered into a | ||||||
| 6 | payment plan and is current on the required payments. | ||||||
| 7 | (i) The Department shall not issue or renew a license if | ||||||
| 8 | the applicant or licensee has an unpaid fine or civil penalty | ||||||
| 9 | imposed by the Department for unlicensed practice until the | ||||||
| 10 | fine or civil penalty is paid to the Department or the | ||||||
| 11 | applicant or licensee has entered into a payment plan and is | ||||||
| 12 | current on the required payments. | ||||||
| 13 | (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; | ||||||
| 14 | 103-236, eff. 1-1-24.) | ||||||
| 15 | (225 ILCS 458/5-30) | ||||||
| 16 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 17 | Sec. 5-30. Endorsement. The Department may issue an | ||||||
| 18 | appraiser license, without the required examination, to an | ||||||
| 19 | applicant licensed by another state, territory, possession of | ||||||
| 20 | the United States, or the District of Columbia, if (i) the | ||||||
| 21 | licensing requirements of that licensing authority are, on the | ||||||
| 22 | date of licensure, substantially equal to the requirements set | ||||||
| 23 | forth under this Act or to a person who, at the time of the | ||||||
| 24 | application, possessed individual qualifications that were | ||||||
| 25 | substantially equivalent to the requirements of this Act and | ||||||
| |||||||
| |||||||
| 1 | or (ii) the applicant provides the Department with evidence of | ||||||
| 2 | good standing from the Appraisal Subcommittee National | ||||||
| 3 | Registry report and a criminal history records check in | ||||||
| 4 | accordance with Section 5-22. An applicant under this Section | ||||||
| 5 | shall pay all of the required fees. | ||||||
| 6 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 7 | (225 ILCS 458/15-10) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 9 | Sec. 15-10. Grounds for disciplinary action. | ||||||
| 10 | (a) The Department may suspend, revoke, refuse to issue, | ||||||
| 11 | renew, or restore a license and may reprimand, place on | ||||||
| 12 | probation or administrative supervision, or take any | ||||||
| 13 | disciplinary or non-disciplinary action, including imposing | ||||||
| 14 | conditions limiting the scope, nature, or extent of the real | ||||||
| 15 | estate appraisal practice of a licensee or reducing the | ||||||
| 16 | appraisal rank of a licensee, and may impose an administrative | ||||||
| 17 | fine not to exceed $25,000 for each violation upon a licensee | ||||||
| 18 | or applicant under this Act or any person who holds oneself out | ||||||
| 19 | as an applicant or licensee for any one or combination of the | ||||||
| 20 | following: | ||||||
| 21 | (1) Procuring or attempting to procure a license by | ||||||
| 22 | knowingly making a false statement, submitting false | ||||||
| 23 | information, engaging in any form of fraud or | ||||||
| 24 | misrepresentation, or refusing to provide complete | ||||||
| 25 | information in response to a question in an application | ||||||
| |||||||
| |||||||
| 1 | for licensure. | ||||||
| 2 | (2) Failing to meet the minimum qualifications for | ||||||
| 3 | licensure as an appraiser established by this Act. | ||||||
| 4 | (3) Paying money, other than for the fees provided for | ||||||
| 5 | by this Act, or anything of value to a member or employee | ||||||
| 6 | of the Board or the Department to procure licensure under | ||||||
| 7 | this Act. | ||||||
| 8 | (4) Conviction of, or plea of guilty or nolo | ||||||
| 9 | contendere, as enumerated in subsection (e) of Section | ||||||
| 10 | 5-22, under the laws of any jurisdiction of the United | ||||||
| 11 | States to: (i) that is a felony, misdemeanor, or | ||||||
| 12 | administrative sanction or (ii) that is a crime that | ||||||
| 13 | subjects the licensee to compliance with the requirements | ||||||
| 14 | of the Sex Offender Registration Act. | ||||||
| 15 | (5) Committing an act or omission involving | ||||||
| 16 | dishonesty, fraud, or misrepresentation with the intent to | ||||||
| 17 | substantially benefit the licensee or another person or | ||||||
| 18 | with intent to substantially injure another person as | ||||||
| 19 | defined by rule. | ||||||
| 20 | (6) Violating a provision or standard for the | ||||||
| 21 | development or communication of real estate appraisals as | ||||||
| 22 | provided in Section 10-10 of this Act or as defined by | ||||||
| 23 | rule. | ||||||
| 24 | (7) Failing or refusing without good cause to exercise | ||||||
| 25 | reasonable diligence in developing, reporting, or | ||||||
| 26 | communicating an appraisal, as defined by this Act or by | ||||||
| |||||||
| |||||||
| 1 | rule. | ||||||
| 2 | (8) Violating a provision of this Act or the rules | ||||||
| 3 | adopted pursuant to this Act. | ||||||
| 4 | (9) Having been disciplined by another state, the | ||||||
| 5 | District of Columbia, a territory, a foreign nation, a | ||||||
| 6 | governmental agency, or any other entity authorized to | ||||||
| 7 | impose discipline if at least one of the grounds for that | ||||||
| 8 | discipline is the same as or the equivalent of one of the | ||||||
| 9 | grounds for which a licensee may be disciplined under this | ||||||
| 10 | Act. | ||||||
| 11 | (10) Engaging in dishonorable, unethical, or | ||||||
| 12 | unprofessional conduct of a character likely to deceive, | ||||||
| 13 | defraud, or harm the public. | ||||||
| 14 | (11) Accepting an appraisal assignment when the | ||||||
| 15 | employment itself is contingent upon the appraiser | ||||||
| 16 | reporting a predetermined estimate, analysis, or opinion | ||||||
| 17 | or when the fee to be paid is contingent upon the opinion, | ||||||
| 18 | conclusion, or valuation reached or upon the consequences | ||||||
| 19 | resulting from the appraisal assignment. | ||||||
| 20 | (12) Developing valuation conclusions based on the | ||||||
| 21 | race, color, religion, sex, national origin, ancestry, | ||||||
| 22 | age, marital status, family status, physical or mental | ||||||
| 23 | disability, sexual orientation, pregnancy, order of | ||||||
| 24 | protection status, military status, unfavorable military | ||||||
| 25 | discharge, source of income, or any other protected class, | ||||||
| 26 | as defined under the Illinois Human Rights Act, of the | ||||||
| |||||||
| |||||||
| 1 | prospective or present owners or occupants of the area or | ||||||
| 2 | property under appraisal. | ||||||
| 3 | (13) Violating the confidential nature of government | ||||||
| 4 | records to which the licensee gained access through | ||||||
| 5 | employment or engagement as an appraiser by a governmental | ||||||
| 6 | government agency. | ||||||
| 7 | (14) Being adjudicated liable in a civil proceeding on | ||||||
| 8 | grounds of fraud, misrepresentation, or deceit. In a | ||||||
| 9 | disciplinary proceeding based upon a finding of civil | ||||||
| 10 | liability, the appraiser shall be afforded an opportunity | ||||||
| 11 | to present mitigating and extenuating circumstances, but | ||||||
| 12 | may not collaterally attack the civil adjudication. | ||||||
| 13 | (15) Being adjudicated liable in a civil proceeding | ||||||
| 14 | for violation of a state or federal fair housing law. | ||||||
| 15 | (16) Engaging in misleading or untruthful advertising | ||||||
| 16 | or using a trade name or insignia of membership in a real | ||||||
| 17 | estate appraisal or real estate organization of which the | ||||||
| 18 | licensee is not a member. | ||||||
| 19 | (17) Failing to fully cooperate with a Department | ||||||
| 20 | investigation by knowingly making a false statement, | ||||||
| 21 | submitting false or misleading information, or refusing to | ||||||
| 22 | provide complete information in response to written | ||||||
| 23 | interrogatories or a written request for documentation | ||||||
| 24 | within 30 days of the request. | ||||||
| 25 | (18) Failing to include within the certificate of | ||||||
| 26 | appraisal for all written appraisal reports the | ||||||
| |||||||
| |||||||
| 1 | appraiser's license number and licensure title. All | ||||||
| 2 | appraisers providing significant contribution to the | ||||||
| 3 | development and reporting of an appraisal must be | ||||||
| 4 | disclosed in the appraisal report. It is a violation of | ||||||
| 5 | this Act for an appraiser to sign a report, transmittal | ||||||
| 6 | letter, or appraisal certification knowing that a person | ||||||
| 7 | providing a significant contribution to the report has not | ||||||
| 8 | been disclosed in the appraisal report. | ||||||
| 9 | (19) Violating the terms of a disciplinary order or | ||||||
| 10 | Consent consent to Administrative Supervision | ||||||
| 11 | administrative supervision order. | ||||||
| 12 | (20) Habitual or excessive use or addiction to | ||||||
| 13 | alcohol, narcotics, stimulants, or any other chemical | ||||||
| 14 | agent or drug that results in a licensee's inability to | ||||||
| 15 | practice with reasonable judgment, skill, or safety that | ||||||
| 16 | may result in significant harm to the public. | ||||||
| 17 | (21) A physical or mental illness or disability which | ||||||
| 18 | results in the inability to practice under this Act with | ||||||
| 19 | reasonable judgment, skill, or safety. | ||||||
| 20 | (22) Gross negligence in developing an appraisal or in | ||||||
| 21 | communicating an appraisal or failing to observe one or | ||||||
| 22 | more of the Uniform Standards of Professional Appraisal | ||||||
| 23 | Practice. | ||||||
| 24 | (23) A pattern of practice or other behavior that | ||||||
| 25 | demonstrates incapacity or incompetence to practice under | ||||||
| 26 | this Act. | ||||||
| |||||||
| |||||||
| 1 | (24) Using or attempting to use the seal, certificate, | ||||||
| 2 | or license of another as one's own; falsely impersonating | ||||||
| 3 | any duly licensed appraiser; using or attempting to use an | ||||||
| 4 | inactive, expired, suspended, or revoked license; or | ||||||
| 5 | aiding or abetting any of the foregoing. | ||||||
| 6 | (25) Solicitation of professional services by using | ||||||
| 7 | false, misleading, or deceptive advertising. | ||||||
| 8 | (26) Making a material misstatement in furnishing | ||||||
| 9 | information to the Department. | ||||||
| 10 | (27) Failure to furnish information to the Department | ||||||
| 11 | upon written request. | ||||||
| 12 | (b) The Department may reprimand suspend, revoke, or | ||||||
| 13 | refuse to issue or renew an education provider's license, may | ||||||
| 14 | reprimand, place on probation, or otherwise discipline an | ||||||
| 15 | education provider, and may suspend or revoke the course | ||||||
| 16 | approval of any course offered by an education provider and | ||||||
| 17 | may impose an administrative fine not to exceed $25,000 upon | ||||||
| 18 | an education provider, for any of the following: | ||||||
| 19 | (1) Procuring or attempting to procure licensure by | ||||||
| 20 | knowingly making a false statement, submitting false | ||||||
| 21 | information, engaging in any form of fraud or | ||||||
| 22 | misrepresentation, or refusing to provide complete | ||||||
| 23 | information in response to a question in an application | ||||||
| 24 | for licensure. | ||||||
| 25 | (2) Failing to comply with the covenants certified to | ||||||
| 26 | on the application for licensure as an education provider. | ||||||
| |||||||
| |||||||
| 1 | (3) Committing an act or omission involving | ||||||
| 2 | dishonesty, fraud, or misrepresentation or allowing any | ||||||
| 3 | such act or omission by any employee or contractor under | ||||||
| 4 | the control of the provider. | ||||||
| 5 | (4) Engaging in misleading or untruthful advertising. | ||||||
| 6 | (5) Failing to retain competent instructors in | ||||||
| 7 | accordance with rules adopted under this Act. | ||||||
| 8 | (6) Failing to meet the topic or time requirements for | ||||||
| 9 | course approval as the provider of a qualifying curriculum | ||||||
| 10 | course or a continuing education course. | ||||||
| 11 | (7) Failing to administer an approved course using the | ||||||
| 12 | course materials, syllabus, and examinations submitted as | ||||||
| 13 | the basis of the course approval. | ||||||
| 14 | (8) Failing to provide an appropriate classroom | ||||||
| 15 | environment for presentation of courses, with | ||||||
| 16 | consideration for student comfort, acoustics, lighting, | ||||||
| 17 | seating, workspace, and visual aid material. | ||||||
| 18 | (9) Failing to maintain student records in compliance | ||||||
| 19 | with the rules adopted under this Act. | ||||||
| 20 | (10) Failing to provide a certificate, transcript, or | ||||||
| 21 | other student record to the Department or to a student as | ||||||
| 22 | may be required by rule. | ||||||
| 23 | (11) Failing to fully cooperate with an investigation | ||||||
| 24 | by the Department by knowingly making a false statement, | ||||||
| 25 | submitting false or misleading information, or refusing to | ||||||
| 26 | provide complete information in response to written | ||||||
| |||||||
| |||||||
| 1 | interrogatories or a written request for documentation | ||||||
| 2 | within 30 days of the request. | ||||||
| 3 | (c) In appropriate cases, the Department may resolve a | ||||||
| 4 | complaint against a licensee through the issuance of a Consent | ||||||
| 5 | to Administrative Supervision order. A licensee subject to a | ||||||
| 6 | Consent to Administrative Supervision order shall be | ||||||
| 7 | considered by the Department as an active licensee in good | ||||||
| 8 | standing. This order shall not be reported or considered by | ||||||
| 9 | the Department to be a discipline of the licensee. The records | ||||||
| 10 | regarding an investigation and a Consent to Administrative | ||||||
| 11 | Supervision order shall be considered confidential and shall | ||||||
| 12 | not be released by the Department except as mandated by law. | ||||||
| 13 | (Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24; | ||||||
| 14 | revised 6-24-25.) | ||||||
| 15 | (225 ILCS 458/15-10.1) | ||||||
| 16 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 17 | Sec. 15-10.1. Citations. | ||||||
| 18 | (a) The Department may adopt rules to permit the issuance | ||||||
| 19 | of citations to any licensee for failure to comply with the | ||||||
| 20 | continuing education requirements set forth in this Act or as | ||||||
| 21 | established by rule. The citation shall be issued to the | ||||||
| 22 | licensee. For associate real estate trainee appraisers, a copy | ||||||
| 23 | shall also be sent to the licensee's supervising appraiser of | ||||||
| 24 | record. The citation shall contain the licensee's name, the | ||||||
| 25 | licensee's address, the licensee's license number, the number | ||||||
| |||||||
| |||||||
| 1 | of required hours of continuing education that have not been | ||||||
| 2 | successfully completed by the licensee's licensee within the | ||||||
| 3 | renewal deadline period, and the penalty imposed, which shall | ||||||
| 4 | not exceed $2,000. The issuance of a citation shall not excuse | ||||||
| 5 | the licensee from completing all continuing education required | ||||||
| 6 | for that renewal period. | ||||||
| 7 | (b) Service of a citation shall be made in person, | ||||||
| 8 | electronically, or by mail to the licensee at the licensee's | ||||||
| 9 | address of record or email address of record and . Service of a | ||||||
| 10 | citation must clearly state that if the cited licensee wishes | ||||||
| 11 | to dispute the citation, the cited licensee may make a written | ||||||
| 12 | request, within 30 days after the citation is served, for a | ||||||
| 13 | hearing before the Department. If the cited licensee does not | ||||||
| 14 | request a hearing within 30 days after the citation is served, | ||||||
| 15 | then the citation shall become a final, non-disciplinary order | ||||||
| 16 | shall be entered, and any fine imposed is due and payable | ||||||
| 17 | within 30 60 days after the entry of that final order. If the | ||||||
| 18 | cited licensee requests a hearing within 30 days after the | ||||||
| 19 | citation is served, the Department shall afford the cited | ||||||
| 20 | licensee a hearing conducted in the same manner as a hearing | ||||||
| 21 | provided for in this Act for any violation of this Act and | ||||||
| 22 | shall determine whether the cited licensee committed the | ||||||
| 23 | violation as charged and whether the fine as levied is | ||||||
| 24 | warranted. If the violation is found, any fine shall | ||||||
| 25 | constitute non-public discipline and be due and payable within | ||||||
| 26 | 30 days after the order of the Secretary, which shall | ||||||
| |||||||
| |||||||
| 1 | constitute a final order of the Department. No change in | ||||||
| 2 | license status may be made by the Department until a final | ||||||
| 3 | order of the Department has been issued. | ||||||
| 4 | (c) Payment of a fine that has been assessed pursuant to | ||||||
| 5 | this Section shall not constitute disciplinary action | ||||||
| 6 | reportable on the Department's website or elsewhere unless a | ||||||
| 7 | licensee has previously received 2 or more citations and been | ||||||
| 8 | assessed 2 or more fines. | ||||||
| 9 | (d) Nothing in this Section shall prohibit or limit the | ||||||
| 10 | Department from taking further action pursuant to this Act and | ||||||
| 11 | rules for additional, repeated, or continuing violations. | ||||||
| 12 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 13 | (225 ILCS 458/15-11) | ||||||
| 14 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 15 | Sec. 15-11. Illegal discrimination. | ||||||
| 16 | (a) When there has been an adjudication in a civil or | ||||||
| 17 | criminal proceeding that a licensee has illegally | ||||||
| 18 | discriminated while engaged in any activity for which a | ||||||
| 19 | license is required under this Act, the Department, following | ||||||
| 20 | notice to the licensee and a hearing in accordance with | ||||||
| 21 | Section 15-15 and upon the recommendation of the Board as to | ||||||
| 22 | the extent of the suspension or revocation, shall suspend or | ||||||
| 23 | revoke the license of that licensee in a timely manner, unless | ||||||
| 24 | the adjudication is in the appeal process. The finding or | ||||||
| 25 | judgment of the civil or criminal proceeding is a matter of | ||||||
| |||||||
| |||||||
| 1 | record, the merits of which shall not be challenged in a | ||||||
| 2 | request for a hearing by the licensee. | ||||||
| 3 | (b) When there has been an order in an administrative | ||||||
| 4 | proceeding finding that a licensee has illegally discriminated | ||||||
| 5 | while engaged in any activity for which a license is required | ||||||
| 6 | under this Act, the Department, following notice to the | ||||||
| 7 | licensee and a hearing in accordance with Section 15-15, and | ||||||
| 8 | upon recommendation of the Board as to the nature and extent of | ||||||
| 9 | the discipline, shall take one or more of the disciplinary | ||||||
| 10 | actions provided for in Section 15-10 in a timely manner, | ||||||
| 11 | unless the administrative order is in the appeal process. The | ||||||
| 12 | finding of the administrative order is a matter of record, the | ||||||
| 13 | merits of which shall not be challenged in a request for a | ||||||
| 14 | hearing by the licensee. | ||||||
| 15 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 16 | (225 ILCS 458/15-15) | ||||||
| 17 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 18 | Sec. 15-15. Investigation; notice; hearing. | ||||||
| 19 | (a) Upon the motion of the Department or the Board or upon | ||||||
| 20 | a complaint in writing of a person setting forth facts that, if | ||||||
| 21 | proven, would constitute grounds for suspension, revocation, | ||||||
| 22 | or other disciplinary action, the Department shall investigate | ||||||
| 23 | the actions or qualifications of any person who is a licensee, | ||||||
| 24 | applicant for licensure, unlicensed person, person rendering | ||||||
| 25 | or offering to render appraisal services, or person holding or | ||||||
| |||||||
| |||||||
| 1 | claiming to hold a license under this Act. If, upon | ||||||
| 2 | investigation, the Department believes that there may be cause | ||||||
| 3 | for suspension, revocation, or other disciplinary action, the | ||||||
| 4 | Department may shall use the services of a State certified | ||||||
| 5 | general real estate appraiser, a State certified residential | ||||||
| 6 | real estate appraiser, or the Coordinator to assist in | ||||||
| 7 | determining whether grounds for disciplinary action exist | ||||||
| 8 | prior to commencing formal disciplinary proceedings. | ||||||
| 9 | (b) Formal disciplinary proceedings shall commence upon | ||||||
| 10 | the issuance of a written complaint describing the charges | ||||||
| 11 | that are the basis of the disciplinary action and delivery of | ||||||
| 12 | the detailed complaint to the most recent address of record or | ||||||
| 13 | email address of record of the person charged as provided to | ||||||
| 14 | the Department. For an associate real estate trainee | ||||||
| 15 | appraiser, a copy shall also be sent to the licensee's | ||||||
| 16 | supervising appraiser of record at the supervising appraiser's | ||||||
| 17 | most recent address of record or email address of record as | ||||||
| 18 | provided to the Department. The Department shall notify the | ||||||
| 19 | person to file a verified written answer within 20 days after | ||||||
| 20 | the service of the notice and complaint. The notification | ||||||
| 21 | shall inform the person of the right to be heard in person or | ||||||
| 22 | by legal counsel; that the hearing will be afforded not sooner | ||||||
| 23 | than 20 days after service of the complaint; that failure to | ||||||
| 24 | file an answer after service of notice will result in a default | ||||||
| 25 | being entered against the person; that the license may be | ||||||
| 26 | suspended, revoked, or placed on probationary status; and that | ||||||
| |||||||
| |||||||
| 1 | the Department may take whatever other disciplinary action may | ||||||
| 2 | be taken pursuant to this Act, including limiting the scope, | ||||||
| 3 | nature, or extent of the licensee's practice without a | ||||||
| 4 | hearing. If the person fails to file an answer after service of | ||||||
| 5 | notice, the respective license may, at the discretion of the | ||||||
| 6 | Department, be suspended, revoked, or placed on probationary | ||||||
| 7 | status and the Department may take whatever disciplinary | ||||||
| 8 | action it deems proper, including limiting the scope, nature, | ||||||
| 9 | or extent of the person's practice, without a hearing. | ||||||
| 10 | (c) At the time and place fixed in the notice, the | ||||||
| 11 | Department Board shall conduct a hearing of the charges, | ||||||
| 12 | providing both the person charged and the complainant ample | ||||||
| 13 | opportunity to present in person or by counsel such | ||||||
| 14 | statements, testimony, evidence, and argument as may be | ||||||
| 15 | pertinent to the charges or to a defense thereto. If the person | ||||||
| 16 | fails to file an answer after service of notice, the | ||||||
| 17 | respective license may, at the discretion of the Department, | ||||||
| 18 | be suspended, revoked, or placed on probationary status and | ||||||
| 19 | the Department may take whatever disciplinary action it deems | ||||||
| 20 | proper, including limiting the scope, nature, or extent of the | ||||||
| 21 | person's practice, without a hearing. | ||||||
| 22 | (c-5) The Secretary shall have the authority to appoint an | ||||||
| 23 | attorney duly licensed to practice law in the State of | ||||||
| 24 | Illinois to serve as the hearing officer in any action to | ||||||
| 25 | suspend, revoke, or otherwise discipline any license issued by | ||||||
| 26 | the Department. The Hearing Officer shall have full authority | ||||||
| |||||||
| |||||||
| 1 | to conduct the hearing. | ||||||
| 2 | There may be present one or more members of the Board at | ||||||
| 3 | any such hearing. The hearing officer shall report the hearing | ||||||
| 4 | officer's findings and recommendations to the Board and the | ||||||
| 5 | Secretary. The Board shall have 60 days from receipt of the | ||||||
| 6 | report to review the report of the hearing officer and present | ||||||
| 7 | its findings of fact, conclusions of law, and recommendations | ||||||
| 8 | to the Secretary. If the Board fails to present its findings of | ||||||
| 9 | fact, conclusions of law, and recommendations within the | ||||||
| 10 | 60-day period, the Department may request in writing a direct | ||||||
| 11 | appeal to the Secretary, in which case the Secretary may issue | ||||||
| 12 | an order based upon the report of the hearing officer and the | ||||||
| 13 | record of the proceedings or issue an order remanding the | ||||||
| 14 | matter back to the hearing officer for additional proceedings | ||||||
| 15 | in accordance with the order. If the Board fails to present its | ||||||
| 16 | findings of fact, conclusions of law, and recommendations | ||||||
| 17 | within a 60-day period after receiving an Order of Default, | ||||||
| 18 | the Department may request in writing a direct appeal to the | ||||||
| 19 | Secretary. | ||||||
| 20 | (d) The Board shall present to the Secretary a written | ||||||
| 21 | report of its findings of fact and recommendations. A copy of | ||||||
| 22 | the report shall be served upon the person either by mail or, | ||||||
| 23 | at the discretion of the Department, by electronic means. For | ||||||
| 24 | associate real estate trainee appraisers, a copy shall also be | ||||||
| 25 | sent to the licensee's supervising appraiser of record. Within | ||||||
| 26 | 20 days after the service, the person may present to the | ||||||
| |||||||
| |||||||
| 1 | Department Secretary with a motion in writing for a rehearing | ||||||
| 2 | that specifies and shall specify the particular grounds for | ||||||
| 3 | the request. If the person orders a transcript of the record | ||||||
| 4 | from the applicable reporting service and pays for the | ||||||
| 5 | transcript within the 20-day period for filing a motion for | ||||||
| 6 | rehearing, the 20-day period shall restart upon the delivery | ||||||
| 7 | of the transcript. | ||||||
| 8 | Notwithstanding any other provision of this Section, if | ||||||
| 9 | the Secretary, upon review, determines that substantial | ||||||
| 10 | justice has not been done in the revocation, suspension, or | ||||||
| 11 | refusal to issue or renew a license or any other disciplinary | ||||||
| 12 | action taken as a result of the entry of the hearing officer's | ||||||
| 13 | report, the Secretary may order a rehearing by the Board or | ||||||
| 14 | other special committee appointed by the Secretary or may | ||||||
| 15 | remand the matter to the Board for its reconsideration of the | ||||||
| 16 | matter based on the pleadings and evidence presented to the | ||||||
| 17 | Board. If the Secretary disagrees in any regard with the | ||||||
| 18 | report of the Board or the hearing officer, the Secretary may | ||||||
| 19 | issue an order in contravention of the Board or the hearing | ||||||
| 20 | officer. If the person orders a transcript of the record as | ||||||
| 21 | provided in this Act, the time elapsing thereafter and before | ||||||
| 22 | the transcript is ready for delivery to the person shall not be | ||||||
| 23 | counted as part of the 20 days. If the Secretary is not | ||||||
| 24 | satisfied that substantial justice has been done, the | ||||||
| 25 | Secretary may order a rehearing by the Board or other special | ||||||
| 26 | committee appointed by the Secretary, may remand the matter to | ||||||
| |||||||
| |||||||
| 1 | the Board for its reconsideration of the matter based on the | ||||||
| 2 | pleadings and evidence presented to the Board, or may enter a | ||||||
| 3 | final order in contravention of the Board's recommendation. | ||||||
| 4 | Notwithstanding a person's failure to file a motion for | ||||||
| 5 | rehearing, the Secretary shall have the right to take any of | ||||||
| 6 | the actions specified in this subsection (d). Upon the | ||||||
| 7 | suspension or revocation of a license, the licensee shall be | ||||||
| 8 | required to surrender the respective license to the | ||||||
| 9 | Department, and upon failure or refusal to do so, the | ||||||
| 10 | Department shall have the right to seize the license. | ||||||
| 11 | (e) The Department has the power to issue subpoenas and | ||||||
| 12 | subpoenas duces tecum to bring before it any person in this | ||||||
| 13 | State, to take testimony, or to require production of any | ||||||
| 14 | records relevant to an inquiry or hearing by the Board in the | ||||||
| 15 | same manner as prescribed by law in judicial proceedings in | ||||||
| 16 | the courts of this State. In a case of refusal of a witness to | ||||||
| 17 | attend, testify, or to produce books or papers concerning a | ||||||
| 18 | matter upon which the witness might be lawfully examined, the | ||||||
| 19 | circuit court of the county where the hearing is held, upon | ||||||
| 20 | application of the Department or any party to the proceeding, | ||||||
| 21 | may compel obedience by proceedings as for contempt. | ||||||
| 22 | (f) Any license that is revoked may not be restored for a | ||||||
| 23 | minimum period of 3 years. | ||||||
| 24 | (g) In addition to the provisions of this Section | ||||||
| 25 | concerning the conduct of hearings and the recommendations for | ||||||
| 26 | discipline, the Department has the authority to negotiate | ||||||
| |||||||
| |||||||
| 1 | disciplinary and non-disciplinary settlement agreements | ||||||
| 2 | concerning any license issued under this Act. All such | ||||||
| 3 | agreements shall be recorded as Consent Orders or Consent to | ||||||
| 4 | Administrative Supervision Orders. | ||||||
| 5 | (h) (Blank). The Secretary shall have the authority to | ||||||
| 6 | appoint an attorney duly licensed to practice law in the State | ||||||
| 7 | of Illinois to serve as the hearing officer in any action to | ||||||
| 8 | suspend, revoke, or otherwise discipline any license issued by | ||||||
| 9 | the Department. The Hearing Officer shall have full authority | ||||||
| 10 | to conduct the hearing. | ||||||
| 11 | (i) The Department, at its expense, shall preserve a | ||||||
| 12 | record of all formal hearings of any contested case involving | ||||||
| 13 | the discipline of a license. At all hearings or pre-hearing | ||||||
| 14 | conferences, the Department and the licensee shall be entitled | ||||||
| 15 | to have the proceedings transcribed by a certified shorthand | ||||||
| 16 | reporter. A copy of the transcribed proceedings shall be made | ||||||
| 17 | available to the licensee by the certified shorthand reporter | ||||||
| 18 | upon payment of the prevailing contract copy rate. | ||||||
| 19 | (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; | ||||||
| 20 | 103-236, eff. 1-1-24; revised 6-24-25.) | ||||||
| 21 | (225 ILCS 458/25-10) | ||||||
| 22 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 23 | Sec. 25-10. Real Estate Appraisal Administration and | ||||||
| 24 | Disciplinary Board; appointment. | ||||||
| 25 | (a) There is hereby created the Real Estate Appraisal | ||||||
| |||||||
| |||||||
| 1 | Administration and Disciplinary Board. The Board shall be | ||||||
| 2 | composed of the Coordinator and 10 persons appointed by the | ||||||
| 3 | Governor. Members shall be appointed to the Board subject to | ||||||
| 4 | the following conditions: | ||||||
| 5 | (1) All appointed members shall have been residents | ||||||
| 6 | and citizens of this State for at least 5 years prior to | ||||||
| 7 | the date of appointment. | ||||||
| 8 | (2) The appointed membership of the Board should | ||||||
| 9 | reasonably reflect the geographic distribution of the | ||||||
| 10 | population of the State. | ||||||
| 11 | (3) Four appointed members shall have been actively | ||||||
| 12 | engaged and currently licensed as State certified general | ||||||
| 13 | real estate appraisers for a period of not less than 5 | ||||||
| 14 | years. | ||||||
| 15 | (4) Three appointed members shall have been actively | ||||||
| 16 | engaged and currently licensed as State certified | ||||||
| 17 | residential real estate appraisers for a period of not | ||||||
| 18 | less than 5 years. | ||||||
| 19 | (5) One appointed member shall hold a valid license as | ||||||
| 20 | a real estate broker for at least 3 years prior to the date | ||||||
| 21 | of the appointment and shall hold either a valid State | ||||||
| 22 | certified general real estate appraiser license or a valid | ||||||
| 23 | State certified residential appraiser license issued under | ||||||
| 24 | this Act or a predecessor Act for a period of at least 5 | ||||||
| 25 | years prior to the appointment. | ||||||
| 26 | (6) One appointed member shall be a representative of | ||||||
| |||||||
| |||||||
| 1 | a financial institution, as evidenced by proof of | ||||||
| 2 | employment with a financial institution. | ||||||
| 3 | (7) One appointed member shall represent the interests | ||||||
| 4 | of the general public. This member or the member's spouse | ||||||
| 5 | shall not be licensed under this Act nor be employed by or | ||||||
| 6 | have any financial interest in an appraisal business, | ||||||
| 7 | appraisal management company, real estate brokerage | ||||||
| 8 | business, or a financial institution. | ||||||
| 9 | In making appointments as provided in paragraphs (3) and | ||||||
| 10 | (4) of this subsection, the Governor shall give due | ||||||
| 11 | consideration to recommendations by members and organizations | ||||||
| 12 | representing the profession. | ||||||
| 13 | In making the appointments as provided in paragraph (5) of | ||||||
| 14 | this subsection, the Governor shall give due consideration to | ||||||
| 15 | the recommendations by members and organizations representing | ||||||
| 16 | the real estate industry. | ||||||
| 17 | In making the appointment as provided in paragraph (6) of | ||||||
| 18 | this subsection, the Governor shall give due consideration to | ||||||
| 19 | the recommendations by members and organizations representing | ||||||
| 20 | financial institutions. | ||||||
| 21 | (b) The members' terms shall be for 4 years or until a | ||||||
| 22 | successor is appointed. No member shall be reappointed to the | ||||||
| 23 | Board for a term that would cause the member's cumulative | ||||||
| 24 | service to the Board to exceed 12 years. Appointments to fill | ||||||
| 25 | vacancies shall be for the unexpired portion of the term. | ||||||
| 26 | (c) The Governor may terminate the appointment of a member | ||||||
| |||||||
| |||||||
| 1 | for cause that, in the opinion of the Governor, reasonably | ||||||
| 2 | justifies the termination. Cause for termination may include, | ||||||
| 3 | without limitation, misconduct, incapacity, neglect of duty, | ||||||
| 4 | or missing 4 Board meetings during any one fiscal year. | ||||||
| 5 | (d) A majority of the Board members shall constitute a | ||||||
| 6 | quorum. A vacancy in the membership of the Board shall not | ||||||
| 7 | impair the right of a quorum to exercise all of the rights and | ||||||
| 8 | perform all of the duties of the Board. | ||||||
| 9 | (e) The Board shall meet at least monthly and may be | ||||||
| 10 | convened by the Chairperson, Vice-Chairperson, or 3 members of | ||||||
| 11 | the Board upon 10 days written notice. | ||||||
| 12 | (f) The Board shall, annually at the first meeting of the | ||||||
| 13 | fiscal year, elect a Chairperson and Vice-Chairperson from its | ||||||
| 14 | members. The Chairperson shall preside over the meetings and | ||||||
| 15 | shall coordinate with the Coordinator in developing and | ||||||
| 16 | distributing an agenda for each meeting. In the absence of the | ||||||
| 17 | Chairperson, the Vice-Chairperson shall preside over the | ||||||
| 18 | meeting. | ||||||
| 19 | (g) The Coordinator shall serve as a member of the Board | ||||||
| 20 | without vote. | ||||||
| 21 | (h) The Board shall advise and make recommendations to the | ||||||
| 22 | Department on the education and experience qualifications of | ||||||
| 23 | any applicant for initial licensure as a State certified | ||||||
| 24 | general real estate appraiser or a State certified residential | ||||||
| 25 | real estate appraiser. The Department shall not make any | ||||||
| 26 | decisions concerning education or experience qualifications of | ||||||
| |||||||
| |||||||
| 1 | an applicant for initial licensure as a State certified | ||||||
| 2 | general real estate appraiser or a State certified residential | ||||||
| 3 | real estate appraiser without having first received the advice | ||||||
| 4 | and recommendation of the Board and shall give due | ||||||
| 5 | consideration to all such advice and recommendations; however, | ||||||
| 6 | if the Board does not render advice or make a recommendation | ||||||
| 7 | within a reasonable amount of time, then the Department may | ||||||
| 8 | render a decision. | ||||||
| 9 | (i) Except as provided in Section 15-17 of this Act, the | ||||||
| 10 | Board shall hear and make recommendations to the Secretary on | ||||||
| 11 | disciplinary matters that require a formal evidentiary | ||||||
| 12 | hearing. The Secretary shall give due consideration to the | ||||||
| 13 | recommendations of the Board involving discipline and | ||||||
| 14 | questions involving standards of professional conduct of | ||||||
| 15 | licensees. | ||||||
| 16 | (j) The Department shall seek and the Board shall provide | ||||||
| 17 | recommendations to the Department consistent with the | ||||||
| 18 | provisions of this Act and for the administration and | ||||||
| 19 | enforcement of all rules adopted pursuant to this Act. The | ||||||
| 20 | Department shall give due consideration to such | ||||||
| 21 | recommendations prior to adopting rules. | ||||||
| 22 | (k) The Department shall seek and the Board shall provide | ||||||
| 23 | recommendations to the Department on the approval of all | ||||||
| 24 | courses submitted to the Department pursuant to this Act and | ||||||
| 25 | the rules adopted pursuant to this Act. The Department shall | ||||||
| 26 | not approve any courses without having first received the | ||||||
| |||||||
| |||||||
| 1 | recommendation of the Board and shall give due consideration | ||||||
| 2 | to such recommendations prior to approving and licensing | ||||||
| 3 | courses; however, if the Board does not make a recommendation | ||||||
| 4 | within a reasonable amount of time, then the Department may | ||||||
| 5 | approve courses. | ||||||
| 6 | (l) Each voting member of the Board may receive a per diem | ||||||
| 7 | stipend in an amount to be determined by the Secretary. While | ||||||
| 8 | engaged in the performance of duties, each member shall be | ||||||
| 9 | reimbursed for necessary expenses. | ||||||
| 10 | (m) Members of the Board shall be immune from suit in an | ||||||
| 11 | action based upon any disciplinary proceedings or other acts | ||||||
| 12 | performed in good faith as members of the Board. | ||||||
| 13 | (n) If the Department disagrees with any advice or | ||||||
| 14 | recommendation provided by the Board under this Section to the | ||||||
| 15 | Secretary or the Department, then notice of such disagreement | ||||||
| 16 | must be provided to the Board by the Department. | ||||||
| 17 | (o) (Blank). | ||||||
| 18 | (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; | ||||||
| 19 | 103-236, eff. 1-1-24.) | ||||||
| 20 | Section 50. The Appraisal Management Company Registration | ||||||
| 21 | Act is amended by changing Sections 10, 15, 20, 43, and 45, 60, | ||||||
| 22 | 65, 75, 105, 110, 125, 165 as follows: | ||||||
| 23 | (225 ILCS 459/10) | ||||||
| 24 | Sec. 10. Definitions. In this Act: | ||||||
| |||||||
| |||||||
| 1 | "Address of record" means the principal address recorded | ||||||
| 2 | by the Department in the applicant's or registrant's | ||||||
| 3 | application file or registration file maintained by the | ||||||
| 4 | Department's registration maintenance unit. | ||||||
| 5 | "Applicant" means a person or entity who applies to the | ||||||
| 6 | Department for a registration under this Act. | ||||||
| 7 | "Appraisal" means (noun) the act or process of developing | ||||||
| 8 | an opinion of value; an opinion of value (adjective) of or | ||||||
| 9 | pertaining to appraising and related functions. | ||||||
| 10 | "Appraisal firm" means an appraisal entity that is 100% | ||||||
| 11 | owned and controlled by a person or persons licensed in | ||||||
| 12 | Illinois as a certified general real estate appraiser or a | ||||||
| 13 | certified residential real estate appraiser. An appraisal firm | ||||||
| 14 | does not include an appraisal management company. | ||||||
| 15 | "Appraisal management company" means any corporation, | ||||||
| 16 | limited liability company, partnership, sole proprietorship, | ||||||
| 17 | subsidiary, unit, or other business entity that directly or | ||||||
| 18 | indirectly: (1) provides appraisal management services to | ||||||
| 19 | creditors or secondary mortgage market participants, including | ||||||
| 20 | affiliates; (2) provides appraisal management services in | ||||||
| 21 | connection with valuing the consumer's principal dwelling as | ||||||
| 22 | security for a consumer credit transaction (including consumer | ||||||
| 23 | credit transactions incorporated into securitizations); and | ||||||
| 24 | (3) any appraisal management company that, within a given | ||||||
| 25 | 12-month period, oversees an appraiser panel of 16 or more | ||||||
| 26 | State-certified appraisers in Illinois or 25 or more | ||||||
| |||||||
| |||||||
| 1 | State-certified or State-licensed appraisers in 2 or more | ||||||
| 2 | jurisdictions. "Appraisal management company" includes a | ||||||
| 3 | hybrid entity. | ||||||
| 4 | "Appraisal management company national registry fee" means | ||||||
| 5 | the fee implemented pursuant to Title XI of the federal | ||||||
| 6 | Financial Institutions Reform, Recovery, and Enforcement Act | ||||||
| 7 | of 1989 for an appraiser management company's national | ||||||
| 8 | registry. | ||||||
| 9 | "Appraisal management services" means one or more of the | ||||||
| 10 | following: | ||||||
| 11 | (1) recruiting, selecting, and retaining appraisers; | ||||||
| 12 | (2) contracting with State-certified or State-licensed | ||||||
| 13 | appraisers to perform appraisal assignments; | ||||||
| 14 | (3) managing the process of having an appraisal | ||||||
| 15 | performed, including providing administrative services | ||||||
| 16 | such as receiving appraisal orders and appraisal reports; | ||||||
| 17 | submitting completed appraisal reports to creditors and | ||||||
| 18 | secondary market participants; collecting compensation | ||||||
| 19 | from creditors, underwriters, or secondary market | ||||||
| 20 | participants for services provided; and or paying | ||||||
| 21 | appraisers for services performed; and or | ||||||
| 22 | (4) reviewing and verifying the work of appraisers. | ||||||
| 23 | "Appraiser panel" means a network, list, or roster of | ||||||
| 24 | licensed or certified appraisers approved by the appraisal | ||||||
| 25 | management company or by the end-user client to perform | ||||||
| 26 | appraisals as independent contractors for the appraisal | ||||||
| |||||||
| |||||||
| 1 | management company. "Appraiser panel" includes both appraisers | ||||||
| 2 | accepted by an appraisal management company for consideration | ||||||
| 3 | for future appraisal assignments and appraisers engaged by an | ||||||
| 4 | appraisal management company to perform one or more | ||||||
| 5 | appraisals. For the purposes of determining the size of an | ||||||
| 6 | appraiser panel, only independent contractors of hybrid | ||||||
| 7 | entities shall be counted towards the appraiser panel. | ||||||
| 8 | "Appraiser panel fee" means the amount collected from a | ||||||
| 9 | registrant that, where applicable, includes an appraisal | ||||||
| 10 | management company's national registry fee. | ||||||
| 11 | "Appraisal report" means a written appraisal by an | ||||||
| 12 | appraiser to a client. | ||||||
| 13 | "Appraisal practice service" means valuation services | ||||||
| 14 | performed by an individual acting as an appraiser, including, | ||||||
| 15 | but not limited to, appraisal or appraisal review. | ||||||
| 16 | "Appraisal subcommittee" means the appraisal subcommittee | ||||||
| 17 | of the Federal Financial Institutions Examination Council as | ||||||
| 18 | established by Title XI. | ||||||
| 19 | "Appraiser" means a person who performs real estate or | ||||||
| 20 | real property appraisals. | ||||||
| 21 | "Assignment result" means an appraiser's opinions and | ||||||
| 22 | conclusions developed specific to an assignment. | ||||||
| 23 | "Audit" includes, but is not limited to, an annual or | ||||||
| 24 | special audit, visit, or review necessary under this Act or | ||||||
| 25 | required by the Secretary or the Secretary's authorized | ||||||
| 26 | representative in carrying out the duties and responsibilities | ||||||
| |||||||
| |||||||
| 1 | under this Act. | ||||||
| 2 | "Client" means the party or parties who engage an | ||||||
| 3 | appraiser by employment or contract in a specific appraisal | ||||||
| 4 | assignment. | ||||||
| 5 | "Controlling person" means: | ||||||
| 6 | (1) an owner, officer, or director of an entity | ||||||
| 7 | seeking to offer appraisal management services; | ||||||
| 8 | (2) an individual employed, appointed, or authorized | ||||||
| 9 | by an appraisal management company who has the authority | ||||||
| 10 | to: | ||||||
| 11 | (A) enter into a contractual relationship with a | ||||||
| 12 | client for the performance of an appraisal management | ||||||
| 13 | service or appraisal practice service; and | ||||||
| 14 | (B) enter into an agreement with an appraiser for | ||||||
| 15 | the performance of a real estate appraisal activity; | ||||||
| 16 | (3) an individual who possesses, directly or | ||||||
| 17 | indirectly, the power to direct or cause the direction of | ||||||
| 18 | the management or policies of an appraisal management | ||||||
| 19 | company; or | ||||||
| 20 | (4) an individual who will act as the sole compliance | ||||||
| 21 | officer with regard to this Act and any rules adopted | ||||||
| 22 | under this Act. | ||||||
| 23 | "Covered transaction" means a consumer credit transaction | ||||||
| 24 | secured by a consumer's principal dwelling. | ||||||
| 25 | "Department" means the Department of Financial and | ||||||
| 26 | Professional Regulation. | ||||||
| |||||||
| |||||||
| 1 | "Email address of record" means the designated email | ||||||
| 2 | address recorded by the Department in the applicant's | ||||||
| 3 | application file or the registrant's registration file | ||||||
| 4 | maintained by the Department's registration maintenance unit. | ||||||
| 5 | "Entity" means a corporation, a limited liability company, | ||||||
| 6 | partnership, a sole proprietorship, or other entity providing | ||||||
| 7 | services or holding itself out to provide services as an | ||||||
| 8 | appraisal management company or an appraisal management | ||||||
| 9 | service. | ||||||
| 10 | "End-user client" means any person who utilizes or engages | ||||||
| 11 | the services of an appraiser through an appraisal management | ||||||
| 12 | company. | ||||||
| 13 | "Federally regulated appraisal management company" means | ||||||
| 14 | an appraisal management company that is owned and controlled | ||||||
| 15 | by an insured depository institution, as defined in 12 U.S.C. | ||||||
| 16 | 1813, or an insured credit union, as defined in 12 U.S.C. 1752, | ||||||
| 17 | and regulated by the Office of the Comptroller of the | ||||||
| 18 | Currency, the Federal Reserve Board, the National Credit Union | ||||||
| 19 | Association, or the Federal Deposit Insurance Corporation. | ||||||
| 20 | "Financial institution" means any bank, savings bank, | ||||||
| 21 | savings and loan association, credit union, mortgage broker, | ||||||
| 22 | mortgage banker, registrant under the Consumer Installment | ||||||
| 23 | Loan Act or the Sales Finance Agency Act, or a corporate | ||||||
| 24 | fiduciary, subsidiary, affiliate, parent company, or holding | ||||||
| 25 | company of any registrant, or any institution involved in real | ||||||
| 26 | estate financing that is regulated by State or federal law. | ||||||
| |||||||
| |||||||
| 1 | "Foreign appraisal management company" means any appraisal | ||||||
| 2 | management company organized under the laws of any other state | ||||||
| 3 | of the United States, the District of Columbia, or any other | ||||||
| 4 | jurisdiction of the United States. | ||||||
| 5 | "Hybrid entity" means an appraisal management company that | ||||||
| 6 | hires an appraiser as an employee to perform an appraisal and | ||||||
| 7 | engages an independent contractor to perform an appraisal. | ||||||
| 8 | "Multi-state licensing system" means a web-based platform | ||||||
| 9 | that allows an applicant to submit the application or | ||||||
| 10 | registration renewal to the Department online. | ||||||
| 11 | "Person" means individuals, entities, sole | ||||||
| 12 | proprietorships, corporations, limited liability companies, | ||||||
| 13 | and alien, foreign, or domestic partnerships, except that when | ||||||
| 14 | the context otherwise requires, the term may refer to a single | ||||||
| 15 | individual or other described entity. | ||||||
| 16 | "Principal dwelling" means a residential structure that | ||||||
| 17 | contains one to 4 units, whether or not that structure is | ||||||
| 18 | attached to real property. "Principal dwelling" includes an | ||||||
| 19 | individual condominium unit, cooperative unit, manufactured | ||||||
| 20 | home, mobile home, and trailer, if it is used as a residence. | ||||||
| 21 | "Principal office" means the actual, physical business | ||||||
| 22 | address, which shall not be a post office box or a virtual | ||||||
| 23 | business address, of a registrant, at which (i) the Department | ||||||
| 24 | may contact the registrant and (ii) records required under | ||||||
| 25 | this Act are maintained. | ||||||
| 26 | "Qualified to transact business in this State" means being | ||||||
| |||||||
| |||||||
| 1 | in compliance with the requirements of the Business | ||||||
| 2 | Corporation Act of 1983. | ||||||
| 3 | "Quality control review" means a review of an appraisal | ||||||
| 4 | report for compliance and completeness, including grammatical, | ||||||
| 5 | typographical, or other similar errors, unrelated to | ||||||
| 6 | developing an opinion of value. | ||||||
| 7 | "Real estate" means an identified parcel or tract of land, | ||||||
| 8 | including any improvements. | ||||||
| 9 | "Real estate related financial transaction" means any | ||||||
| 10 | transaction involving: | ||||||
| 11 | (1) the sale, lease, purchase, investment in, or | ||||||
| 12 | exchange of real property, including interests in property | ||||||
| 13 | or the financing thereof; | ||||||
| 14 | (2) the refinancing of real property or interests in | ||||||
| 15 | real property; and | ||||||
| 16 | (3) the use of real property or interest in property | ||||||
| 17 | as security for a loan or investment, including mortgage | ||||||
| 18 | backed securities. | ||||||
| 19 | "Real property" means the interests, benefits, and rights | ||||||
| 20 | inherent in the ownership of real estate. | ||||||
| 21 | "Secretary" means the Secretary of Financial and | ||||||
| 22 | Professional Regulation. | ||||||
| 23 | "USPAP" means the Uniform Standards of Professional | ||||||
| 24 | Appraisal Practice as adopted by the Appraisal Standards Board | ||||||
| 25 | under Title XI. | ||||||
| 26 | "Valuation" means any estimate of the value of real | ||||||
| |||||||
| |||||||
| 1 | property in connection with a creditor's decision to provide | ||||||
| 2 | credit, including those values developed under a policy of a | ||||||
| 3 | government sponsored enterprise or by an automated valuation | ||||||
| 4 | model or other methodology or mechanism. | ||||||
| 5 | "Written notice" means a communication transmitted by mail | ||||||
| 6 | or by electronic means that can be verified between an | ||||||
| 7 | appraisal management company and a licensed or certified real | ||||||
| 8 | estate appraiser. | ||||||
| 9 | (Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21.) | ||||||
| 10 | (225 ILCS 459/15) | ||||||
| 11 | Sec. 15. Exemptions. | ||||||
| 12 | (a) Nothing in this Act shall apply to any of the | ||||||
| 13 | following: | ||||||
| 14 | (1) an agency of the federal, State, county, or | ||||||
| 15 | municipal government or an officer or employee of a | ||||||
| 16 | governmental government agency, or person, described in | ||||||
| 17 | this Section when acting within the scope of employment of | ||||||
| 18 | the officer or employee; | ||||||
| 19 | (2) a corporate relocation company when the appraisal | ||||||
| 20 | is not used for mortgage purposes and the end user client | ||||||
| 21 | is an employer company; | ||||||
| 22 | (3) any person licensed in this State under any other | ||||||
| 23 | Act while engaged in the activities or practice for which | ||||||
| 24 | the person he or she is licensed; | ||||||
| 25 | (4) any person licensed to practice law in this State | ||||||
| |||||||
| |||||||
| 1 | who is working with or on behalf of a client of that person | ||||||
| 2 | in connection with one or more appraisals for that client; | ||||||
| 3 | (5) an appraiser that enters into an agreement, | ||||||
| 4 | whether written or otherwise, with another appraiser for | ||||||
| 5 | the performance of an appraisal, and upon the completion | ||||||
| 6 | of the appraisal, the report of the appraiser performing | ||||||
| 7 | the appraisal is signed by both the appraiser who | ||||||
| 8 | completed the appraisal and the appraiser who requested | ||||||
| 9 | the completion of the appraisal, except that an appraisal | ||||||
| 10 | management company may not avoid the requirement of | ||||||
| 11 | registration under this Act by requiring an employee of | ||||||
| 12 | the appraisal management company who is an appraiser to | ||||||
| 13 | sign an appraisal that was completed by another appraiser | ||||||
| 14 | who is part of the appraisal panel of the appraisal | ||||||
| 15 | management company; | ||||||
| 16 | (6) any person acting as an agent of the Illinois | ||||||
| 17 | Department of Transportation in the acquisition or | ||||||
| 18 | relinquishment of land for transportation issues to the | ||||||
| 19 | extent of their contract scope; | ||||||
| 20 | (7) a design professional entity when the appraisal is | ||||||
| 21 | not used for mortgage purposes and the end user client is | ||||||
| 22 | an agency of State government or a unit of local | ||||||
| 23 | government; | ||||||
| 24 | (8) an appraiser firm whose ownership is appropriately | ||||||
| 25 | certified under the Real Estate Appraiser Licensing Act of | ||||||
| 26 | 2002; | ||||||
| |||||||
| |||||||
| 1 | (9) an appraisal management company solely engaged in | ||||||
| 2 | non-residential appraisal management services; or | ||||||
| 3 | (10) a department or division of an entity that | ||||||
| 4 | provides appraisal management services only to that | ||||||
| 5 | entity. | ||||||
| 6 | (b) A federally regulated appraisal management company | ||||||
| 7 | shall register with the Department for the sole purpose of | ||||||
| 8 | collecting required information for, and to pay all fees | ||||||
| 9 | associated with, the State of Illinois' obligation to register | ||||||
| 10 | the federally regulated appraisal management company with the | ||||||
| 11 | Appraisal Management Companies National Registry, but the | ||||||
| 12 | federally regulated appraisal management company is otherwise | ||||||
| 13 | exempt from all other provisions in this Act. | ||||||
| 14 | (c) In the event that the Final Interim Rule of the federal | ||||||
| 15 | Dodd-Frank Wall Street Reform and Consumer Protection Act | ||||||
| 16 | provides that an appraisal management company is a subsidiary | ||||||
| 17 | owned and controlled by a financial institution regulated by a | ||||||
| 18 | federal financial institution's regulatory agency and is | ||||||
| 19 | exempt from State appraisal management company registration | ||||||
| 20 | requirements, the Department, shall, by rule, provide for the | ||||||
| 21 | implementation of such an exemption. | ||||||
| 22 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 23 | (225 ILCS 459/20) | ||||||
| 24 | Sec. 20. Restrictions and limitations. Beginning January | ||||||
| 25 | 1, 2012, it is unlawful for a person or entity to act or assume | ||||||
| |||||||
| |||||||
| 1 | to act as an appraisal management company as defined in this | ||||||
| 2 | Act, to engage in the business of appraisal management | ||||||
| 3 | service, or to advertise or hold oneself himself or herself | ||||||
| 4 | out to be a registered appraisal management company without | ||||||
| 5 | first obtaining a registration issued by the Department under | ||||||
| 6 | this Act. A person or entity that violates this Section is | ||||||
| 7 | guilty of a Class A misdemeanor for the first offense and a | ||||||
| 8 | Class 4 felony for second and subsequent offenses. | ||||||
| 9 | (Source: P.A. 100-604, eff. 7-13-18.) | ||||||
| 10 | (225 ILCS 459/43) | ||||||
| 11 | Sec. 43. Application denial. If an application is denied, | ||||||
| 12 | the applicant may, within 20 days after the date of the notice | ||||||
| 13 | of denial, make a written request to the Secretary for a | ||||||
| 14 | hearing on the application, and the Secretary shall set a time | ||||||
| 15 | and place for the hearing. The hearing shall be set for a date | ||||||
| 16 | after the receipt by the Secretary of the request for hearing, | ||||||
| 17 | and notice of the time and place of the hearing shall be | ||||||
| 18 | communicated to the applicant at least 10 days before the date | ||||||
| 19 | of the hearing. The applicant shall pay the actual cost of | ||||||
| 20 | making the transcript of the hearing before the Secretary | ||||||
| 21 | issues a his or her decision following the hearing. If, | ||||||
| 22 | following the hearing, the application is denied, the | ||||||
| 23 | Secretary shall prepare and keep on file in his or her office a | ||||||
| 24 | written order of denial thereof that shall contain the his or | ||||||
| 25 | her findings and the reasons supporting the denial and shall | ||||||
| |||||||
| |||||||
| 1 | communicate a copy to the applicant in a manner prescribed by | ||||||
| 2 | the Department. A decision may be reviewed as provided in | ||||||
| 3 | Section 135. | ||||||
| 4 | (Source: P.A. 100-604, eff. 7-13-18.) | ||||||
| 5 | (225 ILCS 459/45) | ||||||
| 6 | Sec. 45. Expiration and renewal of registration. The | ||||||
| 7 | expiration date and renewal period for each registration shall | ||||||
| 8 | be set by rule. A registrant whose registration has expired | ||||||
| 9 | may reinstate the his or her registration at any time within 5 | ||||||
| 10 | years after the expiration thereof, by making a renewal | ||||||
| 11 | application and by paying the required fee. | ||||||
| 12 | Any registrant whose registration has expired for more | ||||||
| 13 | than 5 years may have it restored by making application to the | ||||||
| 14 | Department, paying the required fee, and filing acceptable | ||||||
| 15 | proof of fitness to have the registration restored as set by | ||||||
| 16 | rule. | ||||||
| 17 | (Source: P.A. 97-602, eff. 8-26-11.) | ||||||
| 18 | (225 ILCS 459/60) | ||||||
| 19 | Sec. 60. Returned checks; fines. Any person who delivers | ||||||
| 20 | a check or other payment to the Department that is returned to | ||||||
| 21 | the Department unpaid by the financial institution upon which | ||||||
| 22 | it is drawn shall pay to the Department, in addition to the | ||||||
| 23 | amount already owed to the Department, a fine of $50. The fines | ||||||
| 24 | imposed by this Section are in addition to any other | ||||||
| |||||||
| |||||||
| 1 | discipline provided under this Act for unregistered practice | ||||||
| 2 | or practice on a nonrenewed registration. The Department shall | ||||||
| 3 | notify the person that payment of fees and fines shall be paid | ||||||
| 4 | to the Department by certified check or money order within 30 | ||||||
| 5 | calendar days of the notification. If, after the expiration of | ||||||
| 6 | 30 days after the date of the notification, the person has | ||||||
| 7 | failed to submit the necessary remittance, the Department | ||||||
| 8 | shall automatically terminate the registration or deny the | ||||||
| 9 | application, without hearing. If, after termination or denial, | ||||||
| 10 | the person seeks a registration, the person he or she shall | ||||||
| 11 | apply to the Department for restoration or issuance of the | ||||||
| 12 | registration and pay all fees and fines due to the Department. | ||||||
| 13 | The Department may establish a fee for the processing of an | ||||||
| 14 | application for restoration of a registration to pay all | ||||||
| 15 | expenses of processing this application. The Secretary may | ||||||
| 16 | waive the fines due under this Section in individual cases | ||||||
| 17 | where the Secretary finds that the fines would be unreasonable | ||||||
| 18 | or unnecessarily burdensome. | ||||||
| 19 | (Source: P.A. 97-602, eff. 8-26-11.) | ||||||
| 20 | (225 ILCS 459/65) | ||||||
| 21 | Sec. 65. Disciplinary actions. | ||||||
| 22 | (a) The Department may refuse to issue or renew, or may | ||||||
| 23 | revoke, suspend, place on probation, reprimand, or take other | ||||||
| 24 | disciplinary or non-disciplinary action as the Department may | ||||||
| 25 | deem appropriate, including imposing fines not to exceed | ||||||
| |||||||
| |||||||
| 1 | $25,000 for each violation upon any registrant or applicant | ||||||
| 2 | under this Act or entity who holds oneself or itself out as an | ||||||
| 3 | applicant or registrant, for any one or combination of the | ||||||
| 4 | following: | ||||||
| 5 | (1) Material misstatement in furnishing information to | ||||||
| 6 | the Department. | ||||||
| 7 | (2) Violations of this Act, or of the rules adopted | ||||||
| 8 | under this Act. | ||||||
| 9 | (3) Conviction of, or entry of a plea of guilty or nolo | ||||||
| 10 | contendere to any crime that is a felony under the laws of | ||||||
| 11 | the United States or any state or territory thereof or | ||||||
| 12 | that is a misdemeanor of which an essential element is | ||||||
| 13 | dishonesty, or any crime that is directly related to the | ||||||
| 14 | practice of the profession. | ||||||
| 15 | (4) Making any misrepresentation for the purpose of | ||||||
| 16 | obtaining registration or violating any provision of this | ||||||
| 17 | Act or the rules adopted under this Act pertaining to | ||||||
| 18 | advertising. | ||||||
| 19 | (5) Professional incompetence. | ||||||
| 20 | (6) Gross malpractice. | ||||||
| 21 | (7) Aiding or assisting another person in violating | ||||||
| 22 | any provision of this Act, the Illinois Real Estate | ||||||
| 23 | Appraiser Licensing Act of 2002, or the or rules adopted | ||||||
| 24 | under either this Act. | ||||||
| 25 | (8) Failing, within 30 days after requested, to | ||||||
| 26 | provide information in response to a written request made | ||||||
| |||||||
| |||||||
| 1 | by the Department. | ||||||
| 2 | (9) Engaging in dishonorable, unethical, or | ||||||
| 3 | unprofessional conduct of a character likely to deceive, | ||||||
| 4 | defraud, or harm the public. | ||||||
| 5 | (10) Discipline by another state, the District of | ||||||
| 6 | Columbia, a territory, or a foreign nation, if at least | ||||||
| 7 | one of the grounds for the discipline is the same or | ||||||
| 8 | substantially equivalent to those set forth in this | ||||||
| 9 | Section. | ||||||
| 10 | (11) A finding by the Department that the registrant, | ||||||
| 11 | after having the registrant's registration placed on | ||||||
| 12 | probationary status, has violated the terms of probation. | ||||||
| 13 | (12) Willfully making or filing false records or | ||||||
| 14 | reports in the registrant's practice, including, but not | ||||||
| 15 | limited to, false records filed with State agencies or | ||||||
| 16 | departments. | ||||||
| 17 | (13) Filing false statements for collection of fees | ||||||
| 18 | for which services are not rendered. | ||||||
| 19 | (14) Practicing under a false or, except as provided | ||||||
| 20 | by law, an assumed name. | ||||||
| 21 | (15) Fraud or misrepresentation in applying for, or | ||||||
| 22 | procuring, a registration under this Act or in connection | ||||||
| 23 | with applying for renewal of a registration under this | ||||||
| 24 | Act. | ||||||
| 25 | (16) Being adjudicated liable in a civil proceeding | ||||||
| 26 | for violation of a state or federal fair housing law. | ||||||
| |||||||
| |||||||
| 1 | (17) (Blank). Failure to obtain or maintain the bond | ||||||
| 2 | required under Section 50 of this Act. | ||||||
| 3 | (18) Failure to pay appraiser panel fees or appraisal | ||||||
| 4 | management company national registry fees. | ||||||
| 5 | (19) Violating the terms of any order issued by the | ||||||
| 6 | Department. | ||||||
| 7 | (b) The Department may refuse to issue or may suspend | ||||||
| 8 | without hearing as provided for in the Department of | ||||||
| 9 | Professional Regulation Law of the Civil Administrative Code | ||||||
| 10 | of Illinois the registration of any person who fails to file a | ||||||
| 11 | return, or to pay the tax, penalty, or interest shown in a | ||||||
| 12 | filed return, or to pay any final assessment of the tax, | ||||||
| 13 | penalty, or interest as required by any tax Act administered | ||||||
| 14 | by the Illinois Department of Revenue, until such time as the | ||||||
| 15 | requirements of any such tax Act are satisfied. | ||||||
| 16 | (b-5) The Department may refuse to issue or renew or may | ||||||
| 17 | suspend without hearing as provided for in the Department of | ||||||
| 18 | Professional Regulation Law of the Civil Administrative Code | ||||||
| 19 | of Illinois the registration of any person who fails to pay or | ||||||
| 20 | secure workers' compensation obligations as determined by and | ||||||
| 21 | based solely upon the certification of the Department of | ||||||
| 22 | Insurance or the Illinois Workers' Compensation Commission. | ||||||
| 23 | (c) An appraisal management company shall not be | ||||||
| 24 | registered or included on the national registry if the | ||||||
| 25 | company, in whole or in part, directly or indirectly, is owned | ||||||
| 26 | by a person who has had an appraiser license or certificate | ||||||
| |||||||
| |||||||
| 1 | refused, denied, canceled, surrendered in lieu of revocation, | ||||||
| 2 | or revoked under the Real Estate Appraiser Licensing Act of | ||||||
| 3 | 2002 or the rules adopted under that Act, or similar | ||||||
| 4 | discipline by another state, the District of Columbia, a | ||||||
| 5 | territory, a foreign nation, a governmental agency, or an | ||||||
| 6 | entity authorized to impose discipline if at least one of the | ||||||
| 7 | grounds for that discipline is the same as or the equivalent of | ||||||
| 8 | one of the grounds for which a licensee may be disciplined as | ||||||
| 9 | set forth under this Section. | ||||||
| 10 | (Source: P.A. 103-236, eff. 1-1-24; revised 6-24-25.) | ||||||
| 11 | (225 ILCS 459/75) | ||||||
| 12 | Sec. 75. Investigations; notice and hearing. The | ||||||
| 13 | Department may investigate the actions of any person who is an | ||||||
| 14 | applicant or of any person or persons rendering or offering to | ||||||
| 15 | render any services requiring registration under this Act or | ||||||
| 16 | any person holding or claiming to hold a registration as an | ||||||
| 17 | appraisal management company. The Department shall, before | ||||||
| 18 | revoking, suspending, placing on probation, reprimanding, or | ||||||
| 19 | taking any other disciplinary or non-disciplinary action under | ||||||
| 20 | Section 65 or Section 165 of this Act, at least 30 days before | ||||||
| 21 | the date set for the hearing, (i) notify the person charged in | ||||||
| 22 | writing of the charges made and the time and place for the | ||||||
| 23 | hearing on the charges, (ii) direct the person to file a | ||||||
| 24 | written answer to the charges with the Department under oath | ||||||
| 25 | within 20 days after service of the notice, and (iii) inform | ||||||
| |||||||
| |||||||
| 1 | the person that, if the person fails to answer, default will be | ||||||
| 2 | entered or that the person's registration may be suspended, | ||||||
| 3 | revoked, placed on probationary status, or other disciplinary | ||||||
| 4 | action taken with regard to the registration, including | ||||||
| 5 | limiting the scope, nature, or extent of the person's | ||||||
| 6 | practice, as the Department may consider proper. At the time | ||||||
| 7 | and place fixed in the notice, the Department shall proceed to | ||||||
| 8 | hear the charges and the parties or their counsel shall be | ||||||
| 9 | accorded ample opportunity to present any pertinent | ||||||
| 10 | statements, testimony, evidence, and arguments. The Department | ||||||
| 11 | may continue the hearing from time to time. In case the person, | ||||||
| 12 | after receiving the notice, fails to file an answer, the | ||||||
| 13 | person's registration may, in the discretion of the | ||||||
| 14 | Department, be suspended, revoked, placed on probationary | ||||||
| 15 | status, or the Department may take whatever disciplinary | ||||||
| 16 | action considered proper, including limiting the scope, | ||||||
| 17 | nature, or extent of the person's practice or the imposition | ||||||
| 18 | of a fine, without a hearing, if the act or acts charged | ||||||
| 19 | constitute sufficient grounds for that action under this Act. | ||||||
| 20 | The written notice may be served by certified mail or | ||||||
| 21 | electronic mail to the last address of record or email address | ||||||
| 22 | of record as provided to the Department or, if in the course of | ||||||
| 23 | the administrative proceeding the party has previously | ||||||
| 24 | designated a specific email address at which to accept | ||||||
| 25 | electronic service for that specific proceeding, by sending a | ||||||
| 26 | copy by email to the party's email address on record. | ||||||
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| |||||||
| 1 | (Source: P.A. 103-236, eff. 1-1-24.) | ||||||
| 2 | (225 ILCS 459/105) | ||||||
| 3 | Sec. 105. Secretary; rehearing. Whenever the Secretary | ||||||
| 4 | believes that substantial justice has not been done in the | ||||||
| 5 | revocation, suspension, or refusal to issue, restore, or renew | ||||||
| 6 | a registration, or other discipline of an applicant or | ||||||
| 7 | registrant, the Secretary he or she may order a rehearing by | ||||||
| 8 | the same or other hearing officers. | ||||||
| 9 | (Source: P.A. 97-602, eff. 8-26-11.) | ||||||
| 10 | (225 ILCS 459/110) | ||||||
| 11 | Sec. 110. Appointment of a hearing officer. The Secretary | ||||||
| 12 | has the authority to appoint any attorney licensed to practice | ||||||
| 13 | law in the State to serve as the hearing officer in any action | ||||||
| 14 | for refusal to issue, restore, or renew a registration or to | ||||||
| 15 | discipline a registrant. The hearing officer has full | ||||||
| 16 | authority to conduct the hearing. The hearing officer shall | ||||||
| 17 | report the his or her findings of fact, conclusions of law, and | ||||||
| 18 | recommendations to the Secretary. If the Secretary disagrees | ||||||
| 19 | with the recommendation of the hearing officer, the Secretary | ||||||
| 20 | may issue an order in contravention of the recommendation. | ||||||
| 21 | (Source: P.A. 97-602, eff. 8-26-11.) | ||||||
| 22 | (225 ILCS 459/125) | ||||||
| 23 | Sec. 125. Surrender of registration. Upon the revocation | ||||||
| |||||||
| |||||||
| 1 | or suspension of a registration, the registrant shall | ||||||
| 2 | immediately surrender the his or her registration to the | ||||||
| 3 | Department. If the registrant fails to do so, the Department | ||||||
| 4 | has the right to seize the registration. | ||||||
| 5 | (Source: P.A. 97-602, eff. 8-26-11.) | ||||||
| 6 | (225 ILCS 459/165) | ||||||
| 7 | Sec. 165. Prohibited activities. | ||||||
| 8 | (a) No person or entity acting in the capacity of an | ||||||
| 9 | appraisal management company shall improperly influence or | ||||||
| 10 | attempt to improperly influence the development, reporting, | ||||||
| 11 | result, or review of any appraisal by engaging, without | ||||||
| 12 | limitation, in any of the following: | ||||||
| 13 | (1) Withholding or threatening to withhold timely | ||||||
| 14 | payment for a completed appraisal, except where addressed | ||||||
| 15 | in a mutually agreed upon contract. | ||||||
| 16 | (2) Withholding or threatening to withhold, either | ||||||
| 17 | expressed or by implication, future business from, or | ||||||
| 18 | demoting, or terminating, or threatening to demote or | ||||||
| 19 | terminate an Illinois licensed or certified appraiser. | ||||||
| 20 | (3) Expressly or impliedly promising future business, | ||||||
| 21 | promotions, or increased compensation for an independent | ||||||
| 22 | appraiser. | ||||||
| 23 | (4) Conditioning an assignment for an appraisal | ||||||
| 24 | service or the payment of an appraisal fee or salary or | ||||||
| 25 | bonus on the opinion, conclusion, or valuation to be | ||||||
| |||||||
| |||||||
| 1 | reached in an appraisal report. | ||||||
| 2 | (5) Requesting that an appraiser provide an estimated, | ||||||
| 3 | predetermined, or desired valuation in an appraisal report | ||||||
| 4 | or provide estimated values or sales at any time prior to | ||||||
| 5 | the appraiser's completion of an appraisal report. | ||||||
| 6 | (6) Allowing or directing the removal of an appraiser | ||||||
| 7 | from an appraisal panel without prior written notice to | ||||||
| 8 | the appraiser. | ||||||
| 9 | (7) Requiring an appraiser to sign a non-compete | ||||||
| 10 | clause when not an employee of the entity. | ||||||
| 11 | (8) Requiring an appraiser to sign any sort of | ||||||
| 12 | indemnification agreement that would require the appraiser | ||||||
| 13 | to defend and hold harmless the appraisal management | ||||||
| 14 | company or any of its agents, employees, or independent | ||||||
| 15 | contractors for any liability, damage, losses, or claims | ||||||
| 16 | arising out of the services performed by the appraisal | ||||||
| 17 | management company or its agents, employees, or | ||||||
| 18 | independent contractors and not the services performed by | ||||||
| 19 | the appraiser. | ||||||
| 20 | (9) Prohibiting or attempting to prohibit the | ||||||
| 21 | appraiser from including or referencing the appraisal fee, | ||||||
| 22 | the appraisal management company name or identity, or the | ||||||
| 23 | client's or lender's name or identity within the body of | ||||||
| 24 | the appraisal report. | ||||||
| 25 | (10) Require an appraiser to collect a fee from the | ||||||
| 26 | borrower or occupant of the property to be appraised. | ||||||
| |||||||
| |||||||
| 1 | (11) Knowingly withholding any end-user client | ||||||
| 2 | guidelines, policies, requirements, standards, assignment | ||||||
| 3 | conditions, and special instructions from an appraiser | ||||||
| 4 | prior to the acceptance of an appraisal assignment. | ||||||
| 5 | (b) A person or entity may not structure an appraisal | ||||||
| 6 | assignment or a contract with an independent appraiser for the | ||||||
| 7 | purpose of evading the provisions of this Act. | ||||||
| 8 | (c) No registrant or other person or entity may alter, | ||||||
| 9 | modify, or otherwise change a completed appraisal report | ||||||
| 10 | submitted by an independent appraiser, including without | ||||||
| 11 | limitation, by doing either of the following: | ||||||
| 12 | (1) permanently or temporarily removing the | ||||||
| 13 | appraiser's signature or seal; or | ||||||
| 14 | (2) adding information to, or removing information | ||||||
| 15 | from, the appraisal report with an intent to change the | ||||||
| 16 | value conclusion or the condition of the property. | ||||||
| 17 | (d) No appraisal management company may require an | ||||||
| 18 | appraiser to provide it with the appraiser's digital signature | ||||||
| 19 | or seal. However, nothing in this Act shall be deemed to | ||||||
| 20 | prohibit an appraiser from voluntarily providing the | ||||||
| 21 | appraiser's his or her digital signature or seal to another | ||||||
| 22 | person on an assignment-by-assignment basis, in accordance | ||||||
| 23 | with USPAP. | ||||||
| 24 | (e) Nothing in this Act shall prohibit an appraisal | ||||||
| 25 | management company from requesting that an appraiser: | ||||||
| 26 | (1) consider additional appropriate property | ||||||
| |||||||
| |||||||
| 1 | information, including the consideration of additional | ||||||
| 2 | comparable properties to make or support an appraisal; | ||||||
| 3 | (2) provide further detail, substantiation, or | ||||||
| 4 | explanation for the appraiser's value conclusion; or | ||||||
| 5 | (3) correct factual errors in the appraisal report. | ||||||
| 6 | (Source: P.A. 97-602, eff. 8-26-11.) | ||||||
| 7 | (225 ILCS 459/50 rep.) | ||||||
| 8 | Section 55. The Appraisal Management Company Registration | ||||||
| 9 | Act is amended by repealing Section 50. | ||||||
| 10 | Section 99. Effective date. This Act takes effect upon | ||||||
| 11 | becoming law.". | ||||||
