Bill Text: IL HB1015 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Real Estate Appraiser Licensing Act of 2002. Makes changes throughout the Act that mark the transfer of authority to administer and enforce the Act to the Department of Financial and Professional Regulation (rather than the Office of Banks and Real Estate). Replaces "associate real estate appraiser" with "associate real estate trainee appraiser" throughout the Act. Changes the Real Estate Appraisal Board to the Real Estate Appraisal Administration and Disciplinary Board. Provides that a person who violates certain licensure provisions for a second or any subsequent time is guilty of a Class 4 felony. Sets forth additional education requirements for licensure under the Act. Removes a provision allowing a person who holds a valid license as a licensed real estate appraiser, issued pursuant to a predecessor Act, to convert that license to an associate real estate appraiser license. Removes a provision concerning licensed real estate appraiser's licenses issued pursuant to a predecessor Act and provides that an associate real estate trainee appraiser license may not be renewed more than 2 times. Adds a provision concerning temporary license suspension. Provides that an education provider may use an instructor who is a faculty member in good standing with an accredited college or university or community college or who is an approved appraisal instructor from an appraisal organization that is a member of the Appraisal Foundation. Imposes conditions on any rulemaking authority. Makes other changes. Repeals a Section concerning identifying a client. Effective immediately.

Sponsorship: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2009-12-23 - Public Act . . . . . . . . . 96-0844 [HB1015 Detail]

Download: Illinois-2009-HB1015-Enrolled.html

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Full Text of HB1015

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Introduced Engrossed Enrolled Re-Enrolled Amendatory Veto Motion 001 Public Act Governor's Message Printer-Friendly Version PDF Bill Status

HB1015 Re-Enrolled LRB096 04384 ASK 14754 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Real Estate Appraiser Licensing Act of 2002
is amended by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20,
5-25, 5-30, 5-35, 5-40, 5-45, 5-55, 10-5, 10-10, 10-20, 15-5,
15-10, 15-15, 15-20, 15-30, 15-35, 15-40, 15-45, 15-50, 15-55,
15-60, 20-5, 20-10, 25-5, 25-10, 25-15, 25-20, 25-25, and 30-10
and by adding Sections 5-20.5, 5-21, 15-17, and 15-18 as
follows:
(225 ILCS 458/1-10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 1-10. Definitions. As used in this Act, unless the
context otherwise requires:
"Accredited college or university, junior college, or
community college" means a college or university, junior
college, or community college that is approved or accredited by
the Board of Higher Education, a regional or national
accreditation association, or by an accrediting agency that is
recognized by the U.S. Secretary of Education.
"Applicant" means person who applies to the Department OBRE
for a license under this Act.
"Appraisal" means (noun) the act or process of developing

HB1015 Re-Enrolled - 2 - LRB096 04384 ASK 14754 b
an opinion of value; an opinion of value (adjective) of or
pertaining to appraising and related functions, such as
appraisal practice or appraisal services.
"Appraisal assignment" means a valuation service provided
as a consequence of an agreement between an appraiser and a
client.
"Appraisal consulting" means the act or process of
developing an analysis, recommendation, or opinion to solve a
problem, where an opinion of value is a component of the
analysis leading to the assignment results.
"Appraisal practice" means valuation services performed by
an individual acting as an appraiser, including, but not
limited to, appraisal, appraisal review, or appraisal
consulting.
"Appraisal report" means any communication, written or
oral, of an appraisal, appraisal review, or appraisal
consulting service that is transmitted to a client upon
completion of an assignment a written appraisal by an appraiser
to a client.
"Appraisal review" means the act or process of developing
and communicating an opinion about the quality of another
appraiser's work that was performed as part of an appraisal,
appraisal review, or appraisal assignment.
"Appraisal Subcommittee" means the Appraisal Subcommittee
of the Federal Financial Institutions Examination Council as
established by Title XI.

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"Appraiser" means a person who performs real estate or real
property appraisals.
"AQB" means the Appraisal Qualifications Board of the
Appraisal Foundation.
"Associate real estate trainee appraiser" means an
entry-level appraiser who holds a license of this
classification under this Act and applies to the appraisal of
non-complex property having a transaction value less than
$1,000,000, but with restrictions as to the scope of practice
in accordance with this Act.
"Board" means the Real Estate Appraisal Administration and
Disciplinary Board.
"Classroom hour" means 50 minutes of instruction out of
each 60 minute segment of coursework.
"Client" means the party or parties who engage an appraiser
by employment or contract in a specific assignment a person who
utilizes the services of an appraiser or engages an appraiser
for an appraisal by employment or contract.
"Commissioner" means the Commissioner of the Office of
Banks and Real Estate or his or her designee.
"Coordinator" means the Coordinator of Real Estate
Appraisal of the Division of Professional Regulation of the
Department of Financial and Professional Regulation.
"Director" means the Director of the Real Estate Appraisal
Division of OBRE or his or her designee.
"Department" means the Department of Financial and

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Professional Regulation.
"Federal financial institutions regulatory agencies" means
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the Office of Thrift Supervision,
and the National Credit Union Administration.
"Federally related transaction" means any real
estate-related financial transaction in which a federal
financial institutions regulatory agency, the Department of
Housing and Urban Development, Fannie Mae, Freddie Mae, or the
National Credit Union Administration engages in, contracts
for, or regulates and requires the services of an appraiser.
"Financial institution" means any bank, savings bank,
savings and loan association, credit union, mortgage broker,
mortgage banker, licensee under the Consumer Installment Loan
Act or the Sales Finance Agency Act, or a corporate fiduciary,
subsidiary, affiliate, parent company, or holding company of
any such licensee, or any institution involved in real estate
financing that is regulated by state or federal law.
"Modular Course" means the Appraisal Qualifying Course
Design conforming to the Sub Topics Course Outline contained in
the AQB Criteria 2008.
"OBRE" means the Office of Banks and Real Estate.
"Real estate" means an identified parcel or tract of land,
including any improvements.
"Real estate related financial transaction" means any

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transaction involving:
(1) the sale, lease, purchase, investment in, or
exchange of real property, including interests in property
or the financing thereof;
(2) the refinancing of real property or interests in
real property; and
(3) the use of real property or interest in property as
security for a loan or investment, including mortgage
backed securities.
"Real property" means the interests, benefits, and rights
inherent in the ownership of real estate.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"State certified general real estate appraiser" means an
appraiser who holds a license of this classification under this
Act and such classification applies to the appraisal of all
types of real property without restrictions as to the scope of
practice.
"State certified residential real estate appraiser" means
an appraiser who holds a license of this classification under
this Act and such classification applies to the appraisal of
one to 4 units of residential real property without regard to
transaction value or complexity, but with restrictions as to
the scope of practice in a federally related transaction in
accordance with Title XI, the provisions of USPAP, criteria
established by the AQB, and further defined by rule.

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"Supervising appraiser" means either (i) an appraiser who
holds a valid license under this Act as either a State
certified general real estate appraiser or a State certified
residential real estate appraiser, who co-signs an appraisal
report for an associate real estate trainee appraiser or (ii) a
State certified general real estate appraiser who holds a valid
license under this Act who co-signs an appraisal report for a
State certified residential real estate appraiser on
properties other than one to 4 units of residential real
property without regard to transaction value or complexity.
"State licensed real estate appraiser" means an appraiser
who holds a real estate appraiser license issued pursuant to a
predecessor Act. A real estate appraiser license authorizes its
holder to conduct the appraisal of non-complex one to 4 units
of residential real property having a transaction value less
than $1,000,000 and complex one to 4 residential units of real
property having a value less than $250,000, but with
restrictions as to the scope of practice in accordance with
Title XI, criteria established by USPAP, by the AQB, by this
Act, and by rule. No such initial license shall be issued after
the effective date of this Act or renewed after September 30,
2003 under this Act.
"Title XI" means Title XI of the federal Financial
Institutions Reform, Recovery and Enforcement Act of 1989.
"USPAP" means the Uniform Standards of Professional
Appraisal Practice as promulgated by the Appraisal Standards

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Board pursuant to Title XI and by rule.
"Valuation services" means services pertaining to aspects
of property value.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/5-5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5-5. Necessity of license; use of title; exemptions.
(a) It Beginning July 1, 2002, it is unlawful for a person
to (i) act, offer services, or advertise services or assume to
act as a State certified general real estate appraiser, State
certified residential real estate appraiser, or associate real
estate trainee appraiser to engage in the business of real
estate appraisal, (ii) to develop a real estate appraisal,
(iii) to practice as a real estate appraiser, (iv) or to
advertise or hold himself or herself out to be a real estate
appraiser, or (v) solicit clients or enter into an appraisal
engagement with clients in connection with a federally related
transaction without a real estate appraiser license issued
under this Act. A person who violates this subsection is guilty
of a Class A misdemeanor for a first offense and a Class 4
felony for any subsequent offense.
(b) It Beginning July 1, 2002, it is unlawful for a person,
other than a person who holds a valid license issued pursuant
to this Act as a State certified general real estate appraiser,
a State certified residential real estate appraiser, or an

HB1015 Re-Enrolled - 8 - LRB096 04384 ASK 14754 b
associate real estate trainee appraiser, or as a State licensed
real estate appraiser issued pursuant to a predecessor Act to
use these titles or any other title, designation, or
abbreviation likely to create the impression that the person is
licensed as a real estate appraiser pursuant to this Act. A
person who violates this subsection is guilty of a Class A
misdemeanor for a first offense and a Class 4 felony for any
subsequent offense.
(c) The licensing requirements of this Act do not require a
person real estate broker or salesperson who holds a valid
license pursuant to the Real Estate License Act of 2000, to be
licensed as a real estate appraiser under this Act, unless that
person the broker or salesperson is providing or attempting to
provide an appraisal report, as defined in Section 1-10 of this
Act, in connection with a federally-related transaction.
Nothing in this Act shall prohibit a person who holds a valid
license under the Real Estate License Act of 2000 from
performing a comparative market analysis or broker price
opinion for compensation, provided that the person does not
hold himself out as being a licensed real estate appraiser.
(d) Nothing in this Act shall preclude a State certified
general real estate appraiser, a State certified residential
real estate appraiser, or an associate real estate trainee
appraiser from rendering appraisals for or on behalf of a
partnership, association, corporation, firm, or group.
However, no State appraisal license or certification shall be

HB1015 Re-Enrolled - 9 - LRB096 04384 ASK 14754 b
issued under this Act to a partnership, association,
corporation, firm, or group.
(e) This Act does not apply to a county assessor, township
assessor, multi-township assessor, county supervisor of
assessments, or any deputy or employee of any county assessor,
township assessor, multi-township assessor, or county
supervisor of assessments who is performing his or her
respective duties in accordance with the provisions of the
Property Tax Code.
(f) A State real estate appraisal certification or license
is not required under this Act for any of the following:
(1) A person, partnership, association, or corporation
that performs appraisals of property owned by that person,
partnership, association, or corporation for the sole use
of that person, partnership, association, or corporation.
(2) A court-appointed commissioner who conducts an
appraisal pursuant to a judicially ordered evaluation of
property.
However, any person who is certified or licensed under this Act
and who performs any of the activities set forth in this
subsection (f) must comply with the provisions of this Act. A
person who violates this subsection (f) is guilty of a Class A
misdemeanor for a first offense and a Class 4 felony for any
subsequent offense.
(g) This Act does not apply to an employee, officer,
director, or member of a credit or loan committee of a

HB1015 Re-Enrolled - 10 - LRB096 04384 ASK 14754 b
financial institution or any other person engaged by a
financial institution when performing an evaluation of real
property for the sole use of the financial institution in a
transaction for which the financial institution would not be
required to use the services of a State licensed or State
certified appraiser pursuant to federal regulations adopted
under Title XI of the federal Financial Institutions Reform,
Recovery, and Enforcement Act of 1989, nor does this Act apply
to the procurement of an automated valuation model.
"Automated valuation model" means an automated system that
is used to derive a property value through the use of publicly
available property records and various analytic methodologies
such as comparable sales prices, home characteristics, and
historical home price appreciations.
For the purposes of this subsection, "brokerage service"
means the activity of offering, negotiating, buying, listing,
selling, or leasing real estate or procuring or referring
prospects intended to result in the listing, sale, purchase,
lease, or exchange of real estate for another and for
compensation.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/5-10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5-10. Application for State certified general real
estate appraiser.

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(a) Every person who desires to obtain a State certified
general real estate appraiser license shall:
(1) apply to the Department OBRE on forms provided by the
Department OBRE accompanied by the required fee;
(2) be at least 18 years of age;
(3) (blank); provide evidence of having attained a high
school diploma or completed an equivalent course of study as
determined by an examination conducted or accepted by the
Illinois State Board of Education;
(4) personally take and pass an examination authorized by
the Department OBRE and endorsed by the AQB;
(5) prior to taking the examination, provide evidence to
the Department, in Modular Course format, with each module
conforming to the Real Property Appraiser Qualification
Criteria established and adopted by the AQB, OBRE that he or
she has successfully completed the prerequisite classroom
hours of instruction in appraising as established by the AQB
and by rule; and
(6) prior to taking the examination, provide evidence to
the Department OBRE that he or she has successfully completed
the prerequisite experience requirements in appraising as
established by AQB and by rule.
(b) Applicants must provide evidence to the Department of
(i) holding a Bachelor's degree or higher from an accredited
college or university or (ii) successfully passing 30 semester
credit hours or the equivalent from an accredited college or

HB1015 Re-Enrolled - 12 - LRB096 04384 ASK 14754 b
university, junior college, or community college in the
following subjects:
(1) English composition;
(2) micro economics;
(3) macro economics;
(4) finance;
(5) algebra, geometry, or higher mathematics;
(6) statistics;
(7) introduction to computers-word processing and
spreadsheets;
(8) business or real estate law; and
(9) two elective courses in accounting, geography,
agricultural economics, business management, or real
estate.
If an accredited college or university accepts the
College-Level Examination Program (CLEP) examinations and
issues a transcript for the exam showing its approval, it will
be considered credit for the college course for the purposes of
meeting the requirements of this subsection (c).
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/5-15)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5-15. Application for State certified residential
real estate appraiser.
(a) Every person who desires to obtain a State certified

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residential real estate appraiser license shall:
(1) apply to the Department OBRE on forms provided by
the Department OBRE accompanied by the required fee;
(2) be at least 18 years of age;
(3) (blank); provide evidence of having attained a high
school diploma or completed an equivalent course of study
as determined by an examination conducted or accepted by
the Illinois State Board of Education;
(4) personally take and pass an examination authorized
by the Department OBRE and endorsed by the AQB;
(5) prior to taking the examination, provide evidence
to the Department, in Modular Course format, with each
module conforming to the Real Property Appraiser
Qualification Criteria established and adopted by the AQB,
OBRE that he or she has successfully completed the
prerequisite classroom hours of instruction in appraising
as established by the AQB and by rule; and
(6) prior to taking the examination, provide evidence
to the Department OBRE that he or she has successfully
completed the prerequisite experience requirements as
established by AQB and by rule.
(b) Applicants must provide evidence to the Department of
(i) holding an Associate's degree or its equivalent from an
accredited college or university, junior college, or community
college or (ii) successfully passing 21 semester credit hours
or the equivalent from an accredited college or university,

HB1015 Re-Enrolled - 14 - LRB096 04384 ASK 14754 b
junior college, or community college in the following subjects:
(1) English composition;
(2) principals of economics (micro or macro);
(3) finance;
(4) algebra, geometry, or higher mathematics;
(5) statistics;
(6) introduction to computers-word processing and
spreadsheets; and
(7) business or real estate law.
If an accredited college or university accepts the
College-Level Examination Program (CLEP) examinations and
issues a transcript for the exam showing its approval, it will
be considered credit for the college course for the purposes of
the requirements of this subsection (b).
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/5-20)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5-20. Application for associate real estate trainee
appraiser. (a) Every person who desires to obtain an associate
real estate trainee appraiser license shall:
(1) apply to the Department OBRE on forms provided by
the Department OBRE accompanied by the required fee;
(2) be at least 18 years of age;
(3) provide evidence of having attained a high school
diploma or completed an equivalent course of study as

HB1015 Re-Enrolled - 15 - LRB096 04384 ASK 14754 b
determined by an examination conducted or accepted by the
Illinois State Board of Education;
(4) personally take and pass an examination authorized
by the Department OBRE and endorsed by the AQB; and
(5) prior to taking the examination, provide evidence
to the Department OBRE that he or she has successfully
completed the prerequisite classroom hours of instruction
in appraising as established by rule.
(b) A person who holds a valid license as a licensed real
estate appraiser, issued pursuant to a predecessor Act, may
convert that license to an associate real estate appraiser
license by making application to OBRE on forms provided by OBRE
accompanied by the required fee.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/5-20.5 new)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5-20.5. Duration of application. Applicants have 3
years from the date of application to complete the application
process. If the process has not been completed within 3 years,
the application shall be denied, the fee shall be forfeited,
and the applicant must reapply and meet the requirements in
effect at the time of reapplication.
(225 ILCS 458/5-21 new)
(Section scheduled to be repealed on January 1, 2012)

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Sec. 5-21. Change of address notification. Any individual
licensed under this Act must inform the Department of any
change of address in a manner and within the amount of time
determined by the Department.
(225 ILCS 458/5-25)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5-25. Renewal of license.
(a) The expiration date and renewal period for a State
certified general real estate appraiser license or a State
certified residential real estate appraiser license issued
under this Act shall be set by rule. Except as otherwise
provided in subsections (b) and (f) of this Section, the holder
of a license may renew the license within 90 days preceding the
expiration date by:
(1) completing and submitting to the Department OBRE a
renewal application form as provided by the Department
OBRE;
(2) paying the required fees; and
(3) providing evidence of successful completion of the
continuing education requirements through courses approved
by the Department OBRE from education providers licensed by
the Department OBRE, as established by the AQB and by rule.
(b) A State certified general real estate appraiser or
State certified residential real estate appraiser whose
license under this Act has expired may renew the license for a

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period of 2 years following the expiration date by complying
with the requirements of paragraphs (1), (2), and (3) of
subsection (a) of this Section and paying any late penalties
established by rule.
(c) (Blank). A State licensed real estate appraiser's
license issued pursuant to a predecessor Act shall continue in
effect until the earlier of its expiration date or September
30, 2003. The holder of such a license may not renew the
license for any period after September 30, 2003, but may
convert the license to an associate real estate appraiser
license under this Act until September 30, 2003 pursuant to
subsection (b) of Section 5-20 of this Act.
(d) The expiration date and renewal period for an associate
real estate trainee appraiser license issued under this Act
shall be set by rule. Except as otherwise provided in
subsections (e) and (f) of this Section, the holder of an
associate real estate appraiser license may renew the license
within 90 days preceding the expiration date by:
(1) completing and submitting to the Department OBRE a
renewal application form as provided by the Department
OBRE;
(2) paying the required fees; and
(3) providing evidence of successful completion of the
continuing education requirements through courses approved
by the Department OBRE from education providers approved by
the Department OBRE, as established by rule.

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(e) Any associate real estate appraiser trainee whose
license under this Act has expired may renew the license for a
period of 2 years following the expiration date by complying
with the requirements of paragraphs (1), (2), and (3) of
subsection (d) of this Section and paying any late penalties as
established by rule. An associate real estate trainee appraiser
license may not be renewed more than 2 times.
(f) Notwithstanding subsections (c) and (e), an appraiser
whose license under this Act has expired may renew or convert
the license without paying any lapsed renewal fees or late
penalties if the license expired while the appraiser was:
(1) on active duty with the United States Armed
Services;
(2) serving as the Coordinator Director of Real Estate
Appraisal or an employee of the Department OBRE who was
required to surrender his or her license during the term of
employment.
Application for renewal must be made within 2 years
following the termination of the military service or related
education, training, or employment. The licensee shall furnish
the Department OBRE with an affidavit that he or she was so
engaged.
(g) The Department OBRE shall provide reasonable care and
due diligence to ensure that each licensee under this Act is
provided with a renewal application at least 90 days prior to
the expiration date, but each licensee is responsible to timely

HB1015 Re-Enrolled - 19 - LRB096 04384 ASK 14754 b
renew or convert his or her license prior to its expiration
date.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/5-30)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5-30. Endorsement Reciprocity; consent to
jurisdiction. The Department may issue an (a) A nonresident who
holds a valid appraiser license, without the required
examination, to an applicant licensed by another issued to him
or her by the proper licensing authority of a state, territory,
possession of the United States, or the District of Columbia,
if (i) the that has licensing requirements of that licensing
authority are, on the date of licensure, substantially equal to
or substantially equivalent to the requirements set forth under
this Act or to a person who, at the time of his or her
application, possessed individual qualifications that were
substantially equivalent to the requirements of this Act or
(ii) of the State of Illinois and otherwise meets the
requirements for licensure may obtain a license without
examination, provided that: (1) OBRE has entered into a valid
reciprocal agreement with the proper licensing authority of the
state, territory, or possession of the United States, or the
District of Columbia; (2) the applicant provides the Department
OBRE with evidence a certificate of good standing from the
licensing authority of the applicant's place of residence or by

HB1015 Re-Enrolled - 20 - LRB096 04384 ASK 14754 b
an Appraisal Subcommittee National Registry registry history
report. An applicant under this Section shall pay all of the
required fees. ; (3) the applicant completes and submits an
application as provided by OBRE and the applicant pays all
applicable fees required under this Act.
(b) A nonresident applicant shall file an irrevocable
consent with OBRE authorizing that actions may be commenced
against the applicant or nonresident licensee in a court of
competent jurisdiction in the State of Illinois by the service
of summons, process, or other pleading authorized by law upon
the Commissioner. The consent shall stipulate and agree that
service of the summons, process, or pleading upon the
Commissioner shall be taken and held in all courts to be valid
and binding as if actual service had been made upon the
nonresident licensee in Illinois. If a summons, process, or
other pleading is served upon the Commissioner, it shall be by
duplicate copies, one of which shall be retained by OBRE and
the other of which shall be immediately forwarded by certified
or registered mail to the last known address of the nonresident
licensee against whom the summons, process, or other pleading
may be directed.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/5-35)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5-35. Pre-license education requirements.

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(a) The prerequisite classroom hours necessary for a person
to be approved to sit for the examination for licensure as a
State certified general real estate appraiser or a State
certified residential real estate appraiser shall be in
accordance with AQB criteria and established by rule.
(b) The prerequisite classroom hours necessary for a person
to sit for the examination for licensure as an associate real
estate trainee appraiser shall be established by rule.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/5-40)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5-40. Pre-license experience requirements. The
prerequisite experience necessary for a person to be approved
to sit for the examination for licensure as a State certified
general real estate appraiser or a State certified residential
real estate appraiser shall be in accordance with AQB criteria
and established by rule.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/5-45)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5-45. Continuing education renewal requirements.
(a) The continuing education requirements for a person to
renew a license as a State certified general real estate
appraiser or a State certified residential real estate

HB1015 Re-Enrolled - 22 - LRB096 04384 ASK 14754 b
appraiser shall be in accordance with AQB criteria and
established by rule.
(b) The continuing education requirements for a person to
renew a license as an associate real estate trainee appraiser
shall be established by rule.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/5-55)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5-55. Fees. The Department OBRE shall establish rules
for fees to be paid by applicants and licensees to cover the
reasonable costs of the Department OBRE in administering and
enforcing the provisions of this Act. The Department OBRE may
also establish rules for general fees to cover the reasonable
expenses of carrying out other functions and responsibilities
under this Act.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/10-5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 10-5. Scope of practice.
(a) This Act does not limit a State certified general real
estate appraiser in his or her scope of practice in a federally
related transaction. A certified general real estate appraiser
may independently provide appraisal services, review, or
consulting relating to any type of property for which he or she

HB1015 Re-Enrolled - 23 - LRB096 04384 ASK 14754 b
has experience or and is competent. All such appraisal practice
must be made in accordance with the provisions of USPAP,
criteria established by the AQB, and rules adopted pursuant to
this Act.
(b) A State certified residential real estate appraiser is
limited in his or her scope of practice in a federally related
transaction as provided by Title XI, the provisions of USPAP,
criteria established by the AQB, and the rules adopted pursuant
to this Act.
(c) A State certified residential real estate appraiser
must have a State certified general real estate appraiser who
holds a valid license under this Act co-sign all appraisal
reports on properties other than one to 4 units of residential
real property without regard to transaction value or
complexity. A State licensed real estate appraiser is limited
in his or her scope of practice in a federally related
transaction as provided by Title XI, the provisions of USPAP,
criteria established by the AQB, and the rules adopted pursuant
to this Act. No State licensed real estate appraiser license
shall be issued on or after September 30, 2003 under this Act.
(d) An associate real estate trainee appraiser is limited
in his or her scope of practice in all transactions in
accordance with the provisions of USPAP, this Act, and the
rules adopted pursuant to this Act. In addition, an associate
real estate trainee appraiser shall be required to have a State
certified general real estate appraiser or State certified

HB1015 Re-Enrolled - 24 - LRB096 04384 ASK 14754 b
residential real estate appraiser who holds a valid license
under this Act to co-sign all appraisal reports. The associate
real estate trainee appraiser licensee may not have more than 3
supervising appraisers, and a supervising appraiser may not
supervise more than 3 associate real estate trainee appraisers
at one time. A chronological appraisal log on an approved log
form shall be maintained by the associate real estate trainee
appraiser and shall be made available to the Department upon
request.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/10-10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 10-10. Standards of practice. All persons licensed
under this Act must comply with standards of professional
appraisal practice adopted by the Department OBRE. The
Department OBRE must adopt, as part of its rules, the Uniform
Standards of Professional Appraisal Practice (USPAP) as
published from time to time by the Appraisal Standards Board of
the Appraisal Foundation. The Department OBRE shall consider
federal laws and regulations regarding the licensure of real
estate appraisers prior to adopting its rules for the
administration of this Act.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/10-20)

HB1015 Re-Enrolled - 25 - LRB096 04384 ASK 14754 b
(Section scheduled to be repealed on January 1, 2012)
Sec. 10-20. Retention of records. A person licensed under
this Act shall retain the original copy of all written
contracts engaging his or her services as an appraiser and all
appraisal reports, including any supporting data used to
develop the appraisal report, for a period of 5 years or 2
years after the final disposition of any judicial proceeding in
which testimony was given, whichever is longer. In addition, a
person licensed under this Act shall retain contracts, logs,
and appraisal reports used in meeting pre-license experience
requirements for a period of 5 years and shall be made
available to the Department upon request.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/15-5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-5. Unlicensed practice; civil penalty; injunctive
relief; unlawful influence.
(a) A person who violates Section 5-5 of this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department OBRE in an amount not to exceed
$25,000 $10,000 for each violation as determined by the
Secretary Commissioner. The civil penalty shall be assessed by
the Secretary Commissioner after a hearing in accordance with
the provisions of this Act regarding the provision of a hearing
for the discipline of a license.

HB1015 Re-Enrolled - 26 - LRB096 04384 ASK 14754 b
(b) The Department OBRE has the authority to investigate
any activity that may violate this Act.
(c) A civil penalty imposed pursuant to subsection (a)
shall be paid within 60 days after the effective date of the
order imposing the civil penalty. The order shall constitute a
judgment and may be filed and executed in the same manner as
any judgment from any court of record OBRE may petition the
circuit court for a judgment to enforce the collection of the
penalty. Any civil penalty collected under this Act shall be
made payable to the Department of Financial and Professional
Regulation Office of Banks and Real Estate and deposited into
the Appraisal Administration Fund. In addition to or in lieu of
the imposition of a civil penalty, the Department OBRE may
report a violation of this Act or the failure or refusal to
comply with an order of the Department OBRE to the Attorney
General or to the appropriate State's Attorney.
(d) Practicing as an appraiser without holding a valid
license as required under this Act is declared to be adverse to
the public welfare, to constitute a public nuisance, and to
cause irreparable harm to the public welfare. The Secretary
Commissioner, the Attorney General, or the State's Attorney of
any county in the State may maintain an action for injunctive
relief in any circuit court to enjoin any person from engaging
in such practice.
Upon the filing of a verified petition in a circuit court,
the court, if satisfied by affidavit or otherwise that a person

HB1015 Re-Enrolled - 27 - LRB096 04384 ASK 14754 b
has been engaged in the practice of real estate appraisal
without a valid license, may enter a temporary restraining
order without notice or bond enjoining the defendant from
further practice. The showing of non-licensure, by affidavit or
otherwise, is sufficient for the issuance of a temporary
injunction. If it is established that the defendant has been or
is engaged in unlawful practice, the court may enter an order
or judgment perpetually enjoining the defendant from further
unlawful practice. In all proceedings under this Section, the
court, in its discretion, may apportion the costs among the
parties interested in the action, including the cost of filing
the complaint, service of process, witness fees and expenses,
court reporter charges, and reasonable attorneys' fees. These
injunction proceedings shall be in addition to, and not in lieu
of, all penalties and other remedies provided in this Act.
(e) No person shall influence or attempt to influence
through coercion, extortion, or bribery the independent
judgment of an appraiser licensed or certified under this Act
in the development, reporting, result, or review of a real
estate appraisal. A person who violates this subsection (e) is
guilty of a Class A misdemeanor for the first offense and a
Class 4 felony for any subsequent offense.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/15-10)
(Section scheduled to be repealed on January 1, 2012)

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Sec. 15-10. Grounds for disciplinary action.
(a) The Department Office of Banks and Real Estate may
suspend, revoke, refuse to issue, or renew, or restore a
license and may reprimand place on probation or administrative
supervision, or take any disciplinary or non-disciplinary
action otherwise discipline a licensee, including imposing
conditions limiting the scope, nature, or extent of the real
estate appraisal practice of a licensee or reducing the
appraisal rank of a licensee, and may impose an administrative
fine a civil penalty not to exceed $25,000 for each violation
$10,000 upon a licensee for one or any one or combination of
the following:
(1) Procuring or attempting to procure a license by
knowingly making a false statement, submitting false
information, engaging in any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application for
licensure.
(2) Failing to meet the minimum qualifications for
licensure as an appraiser established by this Act.
(3) Paying money, other than for the fees provided for
by this Act, or anything of value to a member or employee
of the Board or the Department Office of Banks and Real
Estate to procure licensure under this Act.
(4) Conviction of or entry of a plea of guilty or nolo
contendere to Being convicted of any crime that is a felony

HB1015 Re-Enrolled - 29 - LRB096 04384 ASK 14754 b
under the laws of the United States or any state or
territory thereof or a misdemeanor of which , an essential
element of which is dishonesty, fraud, theft, or
embezzlement, or obtaining money, property, or credit by
false pretenses, or any other crime that is directly
reasonably related to the practice of the profession real
estate appraisal or a conviction in any state or federal
court of any felony.
(5) Committing an act or omission involving
dishonesty, fraud, or misrepresentation with the intent to
substantially benefit the licensee or another person or
with intent to substantially injure another person as
defined by rule.
(6) Violating a provision or standard for the
development or communication of real estate appraisals as
provided in Section 10-10 of this Act or as defined by
rule.
(7) Failing or refusing without good cause to exercise
reasonable diligence in developing, reporting, or
communicating an appraisal, as defined by this Act or by
rule.
(8) Violating a provision of this Act or the rules
adopted pursuant to this Act.
(9) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, a
governmental agency, or any other entity authorized to

HB1015 Re-Enrolled - 30 - LRB096 04384 ASK 14754 b
impose discipline if at least one of the grounds for that
discipline is the same as or the equivalent of one of the
grounds for which a licensee may be disciplined under this
Act.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(11) Accepting an appraisal assignment when the
employment itself is contingent upon the appraiser
reporting a predetermined estimate, analysis, or opinion
or when the fee to be paid is contingent upon the opinion,
conclusion, or valuation reached or upon the consequences
resulting from the appraisal assignment.
(12) Developing valuation conclusions based on the
race, color, religion, sex, national origin, ancestry,
age, marital status, family status, physical or mental
handicap, or unfavorable military discharge, as defined
under the Illinois Human Rights Act, of the prospective or
present owners or occupants of the area or property under
appraisal.
(13) Violating the confidential nature of government
records to which the licensee gained access through
employment or engagement as an appraiser by a government
agency.
(14) Being adjudicated liable in a civil proceeding on
grounds of fraud, misrepresentation, or deceit. In a

HB1015 Re-Enrolled - 31 - LRB096 04384 ASK 14754 b
disciplinary proceeding based upon a finding of civil
liability, the appraiser shall be afforded an opportunity
to present mitigating and extenuating circumstances, but
may not collaterally attack the civil adjudication.
(15) Being adjudicated liable in a civil proceeding for
violation of a state or federal fair housing law.
(16) Engaging in misleading or untruthful advertising
or using a trade name or insignia of membership in a real
estate appraisal or real estate organization of which the
licensee is not a member.
(17) Failing to fully cooperate with a Department an
OBRE investigation by knowingly making a false statement,
submitting false or misleading information, or refusing to
provide complete information in response to written
interrogatories or a written request for documentation
within 30 days of the request.
(18) Failing to include within the certificate of
appraisal for all written appraisal reports the
appraiser's license number and licensure title. All
appraisers providing significant contribution to the
development and reporting of an appraisal must be disclosed
in the appraisal report. It is a violation of this Act for
an appraiser to sign a report, transmittal letter, or
appraisal certification knowing that a person providing a
significant contribution to the report has not been
disclosed in the appraisal report.

HB1015 Re-Enrolled - 32 - LRB096 04384 ASK 14754 b
(19) Violating the terms of a disciplinary order or
consent to administrative supervision order.
(20) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a licensee's inability to practice with
reasonable judgment, skill, or safety.
(21) A physical or mental illness or disability which
results in the inability to practice under this Act with
reasonable judgment, skill, or safety.
(22) Gross negligence in developing an appraisal or in
communicating an appraisal or failing to observe one or
more of the Uniform Standards of Professional Appraisal
Practice.
(23) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(24) Using or attempting to use the seal, certificate,
or license of another as his or her own; falsely
impersonating any duly licensed appraiser; using or
attempting to use an inactive, expired, suspended, or
revoked license; or aiding or abetting any of the
foregoing.
(25) Solicitation of professional services by using
false, misleading, or deceptive advertising.
(26) Making a material misstatement in furnishing
information to the Department.

HB1015 Re-Enrolled - 33 - LRB096 04384 ASK 14754 b
(27) Failure to furnish information to the Department
upon written request.
(b) The Department Office of Banks and Real Estate may
reprimand suspend, revoke, or refuse to issue or renew an
education provider's license, may reprimand, place on
probation, or otherwise discipline an education provider and
may suspend or revoke the course approval of any course offered
by an education provider and may impose an administrative fine
a civil penalty not to exceed $25,000 $10,000 upon an education
provider, for any of the following:
(1) Procuring or attempting to procure licensure by
knowingly making a false statement, submitting false
information, engaging in any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application for
licensure.
(2) Failing to comply with the covenants certified to
on the application for licensure as an education provider.
(3) Committing an act or omission involving
dishonesty, fraud, or misrepresentation or allowing any
such act or omission by any employee or contractor under
the control of the provider.
(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in
accordance with rules adopted under this Act.
(6) Failing to meet the topic or time requirements for

HB1015 Re-Enrolled - 34 - LRB096 04384 ASK 14754 b
course approval as the provider of a pre-license curriculum
course or a continuing education course.
(7) Failing to administer an approved course using the
course materials, syllabus, and examinations submitted as
the basis of the course approval.
(8) Failing to provide an appropriate classroom
environment for presentation of courses, with
consideration for student comfort, acoustics, lighting,
seating, workspace, and visual aid material.
(9) Failing to maintain student records in compliance
with the rules adopted under this Act.
(10) Failing to provide a certificate, transcript, or
other student record to the Department OBRE or to a student
as may be required by rule.
(11) Failing to fully cooperate with an OBRE
investigation by the Department by knowingly making a false
statement, submitting false or misleading information, or
refusing to provide complete information in response to
written interrogatories or a written request for
documentation within 30 days of the request.
(c) In appropriate cases, the Department OBRE may resolve a
complaint against a licensee through the issuance of a Consent
to Administrative Supervision order. A licensee subject to a
Consent to Administrative Supervision order shall be
considered by the Department OBRE as an active licensee in good
standing. This order shall not be reported or considered by the

HB1015 Re-Enrolled - 35 - LRB096 04384 ASK 14754 b
Department OBRE to be a discipline of the licensee. The records
regarding an investigation and a Consent to Administrative
Supervision order shall be considered confidential and shall
not be released by the Department OBRE except as mandated by
law. A complainant shall be notified if his or her complaint
has been resolved by a Consent to Administrative Supervision
order.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/15-15)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-15. Investigation; notice; hearing.
(a) Upon the motion of the Department Office of Banks and
Real Estate or the Board or upon a complaint in writing of a
person setting forth facts that, if proven, would constitute
grounds for suspension, revocation, or other disciplinary
action against a licensee or applicant for licensure, the
Department Office of Banks and Real Estate shall investigate
the actions of the licensee or applicant. If, upon
investigation, the Department believes that there may be cause
for suspension, revocation, or other disciplinary action, the
Department shall use the services of a State certified general
real estate appraiser, a State certified residential real
estate appraiser, or the Real Estate Coordinator to assist in
determining whether grounds for disciplinary action exist
prior to commencing formal disciplinary proceedings.

HB1015 Re-Enrolled - 36 - LRB096 04384 ASK 14754 b
(b) Formal disciplinary proceedings shall commence upon
the issuance of a written complaint describing the charges that
are the basis of the disciplinary action and delivery of the
detailed complaint to the address of record of the licensee or
applicant. The Department OBRE shall notify the licensee or
applicant to file a verified written answer within 20 days
after the service of the notice and complaint. The notification
shall inform the licensee or applicant of his or her right to
be heard in person or by legal counsel; that the hearing will
be afforded not sooner than 30 days after service receipt of
the complaint answer to the specific charges; that failure to
file an answer will result in a default being entered against
the licensee or applicant; that the license may be suspended,
revoked, or placed on probationary status; and that other
disciplinary action may be taken pursuant to this Act,
including limiting the scope, nature, or extent of the
licensee's practice. If the licensee or applicant fails to file
an answer after service of notice, his or her license may, at
the discretion of the Department Office of Banks and Real
Estate, be suspended, revoked, or placed on probationary status
and the Department Office of Banks and Real Estate may take
whatever disciplinary action it deems proper, including
limiting the scope, nature, or extent of the person's practice,
without a hearing.
(c) At the time and place fixed in the notice, the Board
shall conduct hearing of the charges, providing both the

HB1015 Re-Enrolled - 37 - LRB096 04384 ASK 14754 b
accused person and the complainant ample opportunity to present
in person or by counsel such statements, testimony, evidence,
and argument as may be pertinent to the charges or to a defense
thereto.
(d) The Board shall present to the Secretary Commissioner a
written report of its findings and recommendations. A copy of
the report shall be served upon the licensee or applicant,
either personally or by certified mail. Within 20 days after
the service, the licensee or applicant may present the
Secretary Commissioner with a motion in writing for either a
rehearing, a proposed finding of fact, a conclusion of law, or
an alternative sanction, and shall specify the particular
grounds for the request. If the accused orders a transcript of
the record as provided in this Act, the time elapsing
thereafter and before the transcript is ready for delivery to
the accused shall not be counted as part of the 20 days. If the
Secretary Commissioner is not satisfied that substantial
justice has been done, the Secretary Commissioner may order a
rehearing by the Board or other special committee appointed by
the Secretary Commissioner, may remand the matter to the Board
for its reconsideration of the matter based on the pleadings
and evidence presented to the Board, or may enter a final order
in contravention of the Board's recommendation. In all
instances under this Act in which the Board has rendered a
recommendation to the Secretary Commissioner with respect to a
particular licensee or applicant, the Secretary Commissioner,

HB1015 Re-Enrolled - 38 - LRB096 04384 ASK 14754 b
if he or she disagrees with the recommendation of the Board,
shall file with the Board and provide to the licensee or
applicant a copy of the Secretary's Commissioner's specific
written reasons for disagreement with the Board. The reasons
shall be filed within 60 days of the Board's recommendation to
the Secretary Commissioner and prior to any contrary action.
Notwithstanding a licensee's or applicant's failure to file a
motion for rehearing At the expiration of the time specified
for filing a motion for a rehearing, the Secretary Commissioner
shall have the right to take any of the actions specified in
this subsection (d). Upon the suspension or revocation of a
license, the licensee shall be required to surrender his or her
license to the Department OBRE, and upon failure or refusal to
do so, the Department OBRE shall have the right to seize the
license.
(e) The Department Office of Banks and Real Estate has the
power to issue subpoenas and subpoenas duces tecum to bring
before it any person in this State, to take testimony, or to
require production of any records relevant to an inquiry or
hearing by the Board in the same manner as prescribed by law in
judicial proceedings in the courts of this State. In a case of
refusal of a witness to attend, testify, or to produce books or
papers concerning a matter upon which he or she might be
lawfully examined, the circuit court of the county where the
hearing is held, upon application of the Department Office of
Banks and Real Estate or any party to the proceeding, may

HB1015 Re-Enrolled - 39 - LRB096 04384 ASK 14754 b
compel obedience by proceedings as for contempt.
(f) Any license that is suspended indefinitely or revoked
may not be restored for a minimum period of 2 years, or as
otherwise ordered by the Secretary Commissioner.
(g) In addition to the provisions of this Section
concerning the conduct of hearings and the recommendations for
discipline, the Department OBRE has the authority to negotiate
disciplinary and non-disciplinary settlement agreements
concerning any license issued under this Act. All such
agreements shall be recorded as Consent Orders or Consent to
Administrative Supervision Orders.
(h) The Secretary Commissioner shall have the authority to
appoint an attorney duly licensed to practice law in the State
of Illinois to serve as the hearing officer in any action to
suspend, revoke, or otherwise discipline any license issued by
the Department Office of Banks and Real Estate. The Hearing
Officer shall have full authority to conduct the hearing.
(i) The Department OBRE, at its expense, shall preserve a
record of all formal hearings of any contested case involving
the discipline of a license. At all hearings or pre-hearing
conferences, the Department OBRE and the licensee shall be
entitled to have the proceedings transcribed by a certified
shorthand reporter. A copy of the transcribed proceedings shall
be made available to the licensee by the certified shorthand
reporter upon payment of the prevailing contract copy rate.
(Source: P.A. 92-180, eff. 7-1-02.)

HB1015 Re-Enrolled - 40 - LRB096 04384 ASK 14754 b
(225 ILCS 458/15-17 new)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-17. Temporary suspension. The Secretary may
temporarily suspend the license of a licensee without a
hearing, simultaneously with the institution of proceedings
for a hearing provided in Section 15-10 of this Act, if the
Secretary finds that the public interest, safety, or welfare
requires such emergency action. In the event that the Secretary
temporarily suspends a license without a hearing before the
Board, a hearing shall be held within 30 days after the
suspension has occurred. The suspended licensee may seek a
continuance of the hearing, during which time the suspension
shall remain in effect. The proceeding shall be concluded
without appreciable delay. If the Department does not hold a
hearing within 30 days after the date of suspension, the
licensee's license shall be automatically reinstated.
(225 ILCS 458/15-18 new)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-18. Report of fraud. Whenever the Secretary becomes
aware, based on reliable information, that any person or entity
regulated by the Department, other than a person or entity
regulated under this Act, is engaged or has been engaged in
real estate appraising for mortgage loan purposes in a manner
that constitutes fraud or misrepresentation or constitutes

HB1015 Re-Enrolled - 41 - LRB096 04384 ASK 14754 b
dishonest, unethical, or unprofessional conduct of a character
likely to defraud or harm the public, the Secretary shall refer
that matter in a timely manner to the appropriate disciplinary
board or investigative body charged with investigating and
prosecuting the unlawful conduct of such regulated person or
entity and may also refer the matter to the Attorney General or
other appropriate law enforcement agency, as deemed
appropriate by the Secretary.
(225 ILCS 458/15-20)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-20. Administrative Review Law; certification fees;
Administrative Procedure Act.
(a) All final administrative decisions of the Secretary
Commissioner under this Act are subject to judicial review
pursuant to the provisions of the Administrative Review Law and
the rules adopted pursuant thereto. The term "administrative
decision" has the meaning ascribed to it in Section 3-101 of
the Administrative Review Law.
(b) The Department OBRE shall not be required to certify
any record, file any answer or otherwise appear unless the
party filing the administrative review complaint pays the
certification fee to the Department OBRE as provided by rule.
Failure on the part of the plaintiff to make such a deposit
shall be grounds for dismissal of the action.
(c) The Administrative Procedures Act is hereby expressly

HB1015 Re-Enrolled - 42 - LRB096 04384 ASK 14754 b
adopted and incorporated herein. In the event of a conflict
between this Act and the Administrative Procedures Act, this
Act shall control.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/15-30)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-30. Statute of limitations. No action may be taken
under this Act against a person licensed under this Act unless
the action is commenced within 5 years after the occurrence of
the alleged violation or at least 2 years after final
disposition of any judicial proceeding in which the appraiser
provided testimony related to the assignment, whichever period
expires last. A continuing violation is deemed to have occurred
on the date when the circumstances last existed that gave rise
to the alleged continuing violation.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/15-35)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-35. Signature of the Secretary Commissioner. An
order of revocation or suspension or a certified copy of the
order, bearing the seal of the Department OBRE and purporting
to be signed by the Secretary Commissioner, shall be prima
facie proof that:
(1) the signature is the genuine signature of the

HB1015 Re-Enrolled - 43 - LRB096 04384 ASK 14754 b
Secretary Commissioner;
(2) the Secretary Commissioner is duly appointed and
qualified; and
(3) the Board and the members thereof are qualified.
This proof may be rebutted.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/15-40)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-40. Violation of tax Acts. The Department OBRE may
refuse to issue or renew or may suspend the license of any
person who fails to file a return, pay the tax, penalty, or
interest shown in a filed return, or pay any final assessment
of tax, penalty, or interest, as required by any tax Act
administered by the Department of Revenue, until such time as
the requirements of that tax Act are satisfied.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/15-45)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-45. Disciplinary action for educational loan
defaults. The Department OBRE shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State; however, the Department OBRE may issue a

HB1015 Re-Enrolled - 44 - LRB096 04384 ASK 14754 b
license or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Student
Assistance Commission or other appropriate governmental agency
of this State. Additionally, a license issued by the Department
OBRE may be suspended or revoked if the Secretary Commissioner,
after the opportunity for a hearing under this Act, finds that
the licensee has failed to make satisfactory repayment to the
Illinois Student Assistance Commission for a delinquent or
defaulted loan.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/15-50)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-50. Nonpayment of child support. In cases where the
Department of Healthcare and Family Services (formerly
Department of Public Aid) has previously determined that a
licensee or a potential licensee is more than 30 days
delinquent in the payment of child support and has subsequently
certified the delinquency to the Department OBRE, the
Department OBRE may refuse to issue or renew or may revoke or
suspend that person's license or may take other disciplinary
action against that person based solely upon the certification
of delinquency made by the Department of Healthcare and Family
Services (formerly Department of Public Aid). Redetermination
of the delinquency by the Department OBRE shall not be
required. In cases regarding the renewal of a license, the

HB1015 Re-Enrolled - 45 - LRB096 04384 ASK 14754 b
Department OBRE shall not renew any license if the Department
of Healthcare and Family Services (formerly Department of
Public Aid) has certified the licensee to be more than 30 days
delinquent in the payment of child support, unless the licensee
has arranged for payment of past and current child support
obligations in a manner satisfactory to the Department of
Healthcare and Family Services (formerly Department of Public
Aid). The Department OBRE may impose conditions, restrictions,
or disciplinary action upon that renewal.
(Source: P.A. 95-331, eff. 8-21-07.)
(225 ILCS 458/15-55)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-55. Checks or orders to Department dishonored
because of insufficient funds Returned checks; penalty;
termination. Any A person who delivers a check or other payment
to the Department OBRE that is returned to the Department OBRE
unpaid by the financial institution upon which it was drawn
shall pay to the Department OBRE, in addition to the amount
already owed to the Department, a fine penalty of $50. The
fines imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a non-renewed license. The Department shall notify
the applicant or licensee that payment of fees and fines shall
be paid to the Department by certified check or money order
within 30 calendar days after the notification. OBRE shall

HB1015 Re-Enrolled - 46 - LRB096 04384 ASK 14754 b
notify the person, by certified mail return receipt requested,
that his or her check or payment was returned and that the
person shall pay to OBRE by certified check or money order the
amount of the returned check plus a $50 penalty within 30
calendar days after the date of the notification. If, after the
expiration of 30 calendar days of the notification, the person
has failed to remit the necessary funds and penalty, OBRE shall
automatically terminate the license or deny the application
without hearing. If the returned check or other payment was for
issuance of a license under this Act and that person practices
as an appraiser, that person may be subject to discipline for
unlicensed practice as provided in this Act. If, after the
expiration of 30 days from the date of the notification
termination or denial, the person has failed to submit the
necessary remittance, the Department shall automatically
terminate the license or deny the application, without hearing.
If, after termination or denial, the person seeks a license, he
or she must apply to the Department for restoration or issuance
of the license and pay all fees and fines due to the
Department. The Department may establish a fee for the
processing of an application for restoration of a license to
pay all of the expenses of processing the application seeks a
license, he or she shall petition OBRE for restoration and he
or she may be subject to additional discipline or fines. The
Secretary Commissioner may waive the fines penalties or fines
due under this Section in individual cases where the Secretary

HB1015 Re-Enrolled - 47 - LRB096 04384 ASK 14754 b
Commissioner finds that the penalties or fines would be
unreasonable or unnecessarily burdensome.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/15-60)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-60. Cease and desist orders. The Department OBRE
may issue cease and desist orders to persons who engage in
activities prohibited by this Act. Any person in violation of a
cease and desist order issued by the Department OBRE is subject
to all of the penalties provided by law.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/20-5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 20-5. Education providers.
(a) Beginning July 1, 2002, only education providers
licensed by the Department OBRE may provide the pre-license and
continuing education courses required for licensure under this
Act.
(b) A person or entity seeking to be licensed as an
education provider under this Act shall provide satisfactory
evidence of the following:
(1) a sound financial base for establishing,
promoting, and delivering the necessary courses;
(2) a sufficient number of qualified instructors;

HB1015 Re-Enrolled - 48 - LRB096 04384 ASK 14754 b
(3) adequate support personnel to assist with
administrative matters and technical assistance;
(4) a written policy dealing with procedures for
management of grievances and fee refunds;
(5) a qualified administrator, who is responsible for
the administration of the education provider, courses, and
the actions of the instructors; and
(6) any other requirements as provided by rule.
(c) All applicants for an education provider's license
shall make initial application to the Department OBRE on forms
provided by the Department OBRE and pay the appropriate fee as
provided by rule. The term, expiration date, and renewal of an
education provider's license shall be established by rule.
(d) An education provider shall provide each successful
course participant with a certificate of completion signed by
the school administrator. The format and content of the
certificate shall be specified by rule.
(e) All education providers shall provide to the Department
OBRE a monthly roster of all successful course participants as
provided by rule.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/20-10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 20-10. Course approval.
(a) Only courses offered by licensed education providers

HB1015 Re-Enrolled - 49 - LRB096 04384 ASK 14754 b
and approved by the Department, courses approved by the AQB, or
courses approved by jurisdictions regulated by the Appraisal
Subcommittee OBRE shall be used to meet the requirements of
this Act and rules.
(b) An education provider licensed under this Act may
submit courses to the Department OBRE for approval. The
criteria, requirements, and fees for courses shall be
established by rule in accordance with this Act, Title XI, and
the criteria established by the AQB.
(c) For each course approved, the Department OBRE shall
issue a license to the education provider. The term, expiration
date, and renewal of a course approval shall be established by
rule.
(d) An education provider must use an instructor for each
course approved by the Department who (i) holds a valid real
estate appraisal license in good standing as a State certified
general real estate appraiser or a State certified residential
real estate appraiser in Illinois or any other jurisdiction
regulated by the Appraisal Subcommittee, (ii) holds a valid
teaching certificate issued by the State of Illinois, (iii) is
a faculty member in good standing with an accredited college or
university or community college, or (iv) is an approved
appraisal instructor from an appraisal organization that is a
member of the Appraisal Foundation.
(Source: P.A. 92-180, eff. 7-1-02.)

HB1015 Re-Enrolled - 50 - LRB096 04384 ASK 14754 b
(225 ILCS 458/25-5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 25-5. Appraisal Administration Fund; surcharge. The
Appraisal Administration Fund is created as a special fund in
the State Treasury. All fees, fines, and penalties received by
the Department OBRE under this Act shall be deposited into the
Appraisal Administration Fund. All earnings attributable to
investment of funds in the Appraisal Administration Fund shall
be credited to the Appraisal Administration Fund. Subject to
appropriation, the moneys in the Appraisal Administration Fund
shall be paid to the Department OBRE for the expenses incurred
by the Department OBRE and the Board in the administration of
this Act. Moneys in the Appraisal Administration Fund may be
transferred to the Professions Indirect Cost Fund as authorized
under Section 2105-300 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
Upon the completion of any audit of the Department OBRE, as
prescribed by the Illinois State Auditing Act, which shall
include an audit of the Appraisal Administration Fund, the
Department OBRE shall make the audit report open to inspection
by any interested person.
(Source: P.A. 94-91, eff. 7-1-05.)
(225 ILCS 458/25-10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 25-10. Real Estate Appraisal Administration and

HB1015 Re-Enrolled - 51 - LRB096 04384 ASK 14754 b
Disciplinary Board; appointment.
(a) There is hereby created the Real Estate Appraisal
Administration and Disciplinary Board. The Board shall be
composed of 10 persons appointed by the Governor, plus the
Coordinator Director of the Real Estate Appraisal Division.
Members shall be appointed to the Board subject to the
following conditions:
(1) All appointed members shall have been residents and
citizens of this State for at least 5 years prior to the
date of appointment.
(2) The appointed membership of the Board should
reasonably reflect the geographic distribution of the
population of the State.
(3) Four appointed members shall have been actively
engaged and currently licensed as State certified general
real estate appraisers for a period of not less than 5
years.
(4) Two appointed members shall have been actively
engaged and currently licensed as State certified
residential real estate appraisers for a period of not less
than 5 years.
(5) Two appointed members shall hold a valid license as
a real estate broker for at least 10 years prior to the
date of the appointment, one of whom and shall hold a valid
State certified general real estate appraiser license
issued under this Act or a predecessor Act for a period of

HB1015 Re-Enrolled - 52 - LRB096 04384 ASK 14754 b
at least 5 years prior to the appointment and one of whom
shall hold a valid State certified residential real estate
appraiser license issued under this Act or a predecessor
Act for a period of at least 5 years prior to the
appointment.
(6) One appointed member shall be a representative of a
financial institution, as evidenced by his or her
employment with a financial institution.
(7) One appointed member shall represent the interests
of the general public. This member or his or her spouse
shall not be licensed under this Act nor be employed by or
have any interest in an appraisal business, real estate
brokerage business, or a financial institution.
In making appointments as provided in paragraphs (3) and
(4) of this subsection, the Governor shall give due
consideration to recommendations by members and organizations
representing the profession real estate appraisal industry.
In making the appointments as provided in paragraph (5) of
this subsection, the Governor shall give due consideration to
the recommendations by members and organizations representing
the real estate industry.
In making the appointment as provided in paragraph (6) of
this subsection, the Governor shall give due consideration to
the recommendations by members and organizations representing
financial institutions.
(b) The term for members of the Board shall be 4 years, and

HB1015 Re-Enrolled - 53 - LRB096 04384 ASK 14754 b
each member shall serve until his or her successor is appointed
and qualified , except for the initial appointees. Of the
initial appointments, 4 members shall be appointed for terms
ending June 30, 2006, 3 members shall be appointed for terms
ending June 30, 2005, and 3 members shall be appointed for
terms ending June 30, 2004. No member shall serve more than 10
years in a lifetime. Those persons serving on the Board
pursuant to the Real Estate Appraiser Licensing Act shall
become members of the new Board on July 1, 2002 and shall serve
until the Governor has made the new appointments pursuant to
this Act.
(c) The Governor may terminate the appointment of a member
for cause that, in the opinion of the Governor, reasonably
justifies the termination. Cause for termination may include,
without limitation, misconduct, incapacity, neglect of duty,
or missing 4 Board meetings during any one calendar year.
(d) A majority of the Board members currently appointed
shall constitute a quorum. A vacancy in the membership of the
Board shall not impair the right of a quorum to exercise all of
the rights and perform all of the duties of the Board.
(e) The Board shall meet at least quarterly and may be
convened by the Chairperson, Vice-Chairperson Co-Chairperson,
or 3 members of the Board upon 10 days written notice.
(f) The Board shall, annually at the first meeting of the
fiscal year, elect a Chairperson and Vice-Chairperson from its
members. The Chairperson shall preside over the meetings and

HB1015 Re-Enrolled - 54 - LRB096 04384 ASK 14754 b
shall coordinate with the Coordinator Director in developing
and distributing an agenda for each meeting. In the absence of
the Chairperson, the Vice-Chairperson Co-Chairperson shall
preside over the meeting.
(g) The Coordinator Director of the Real Estate Appraisal
Division shall serve as a member of the Board without vote.
(h) The Board shall advise and make recommendations to the
Department OBRE on the education and experience qualifications
of any applicant for initial licensure as a State certified
general real estate appraiser or a State certified residential
real estate appraiser. The Department shall not make any
decisions concerning education or experience qualifications of
an applicant for initial licensure as a State certified general
real estate appraiser or a State certified residential real
estate appraiser without having first received the advice and
recommendation of the Board and matters of licensing and
education. OBRE shall give due consideration to all such advice
and recommendations; however, if the Board does not render
advice or make a recommendation within a reasonable amount of
time, then the Department may render a decision presented by
the Board.
(i) Except as provided in Section 15-17 of this Act, the
The Board shall hear and make recommendations to the Secretary
Commissioner on disciplinary matters that require a formal
evidentiary hearing. The Secretary Commissioner shall give due
consideration to the recommendations of the Board involving

HB1015 Re-Enrolled - 55 - LRB096 04384 ASK 14754 b
discipline and questions involving standards of professional
conduct of licensees.
(j) The Department shall seek and the Board shall provide
may make recommendations to the Department OBRE consistent with
the provisions of this Act and for the administration and
enforcement of all the rules adopted pursuant to this Act. The
Department OBRE shall give due consideration to such the
recommendations of the Board prior to adopting rules.
(k) The Department shall seek and the Board shall provide
make recommendations to the Department OBRE on the approval of
all courses submitted to the Department OBRE pursuant to this
Act and the rules adopted pursuant to this Act. The Department
shall not approve any courses without having first received the
recommendation of the Board and OBRE shall give due
consideration to such the recommendations of the Board prior to
approving and licensing courses; however, if the Board does not
make a recommendation within a reasonable amount of time, then
the Department may approve courses.
(l) Each voting member of the Board shall receive a per
diem stipend in an amount to be determined by the Secretary
Commissioner. Each member shall be paid his or her necessary
expenses while engaged in the performance of his or her duties.
(m) Members of the Board shall be immune from suit in an
action based upon any disciplinary proceedings or other acts
performed in good faith as members of the Board.
(n) If the Department disagrees with any advice or

HB1015 Re-Enrolled - 56 - LRB096 04384 ASK 14754 b
recommendation provided by the Board under this Section to the
Secretary or the Department, then notice of such disagreement
must be provided to the Board by the Department.
(o) Upon resolution adopted at any Board meeting, the
exercise of any Board function, power, or duty enumerated in
this Section or in subsection (d) of Section 15-10 of this Act
may be suspended. The exercise of any suspended function,
power, or duty of the Board may be reinstated by a resolution
adopted at a subsequent Board meeting. Any resolution adopted
pursuant to this Section shall take effect immediately.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/25-15)
(Section scheduled to be repealed on January 1, 2012)
Sec. 25-15. Coordinator Director of the Real Estate
Appraisal Division; appointment; duties. The Secretary shall
appoint, subject to the Personnel Code, a Coordinator of Real
Estate Appraisal. In appointing the Coordinator, the Secretary
shall give due consideration to recommendations made by
members, organizations, and associations of the real estate
appraisal industry. On or after January 1, 2010, the
Coordinator must hold a current, valid State certified general
real estate appraiser license or a State certified residential
real estate appraiser license, which shall be surrendered to
the Department during the term of his or her appointment. The
Coordinator must take the 30-hour National Instructors Course

HB1015 Re-Enrolled - 57 - LRB096 04384 ASK 14754 b
on Uniform Standards of Professional Appraisal Practice. The
Coordinator's license shall be returned in the same status as
it was on the date of surrender, credited with all fees that
came due during his or her employment. Commissioner shall
appoint a Director of the Real Estate Appraisal Division for a
term of 4 years. The Director shall hold a valid State
certified general real estate appraiser or State certified
residential real estate appraiser license, which shall be
surrendered to OBRE during the term of his or her appointment.
The Coordinator Director of the Real Estate Appraisal Division
shall:
(1) serve as a member of the Real Estate Appraisal
Administration and Disciplinary Board without vote;
(2) be the direct liaison between the Department OBRE,
the profession, and the real estate appraisal industry
organizations and associations;
(3) prepare and circulate to licensees such
educational and informational material as the Department
OBRE deems necessary for providing guidance or assistance
to licensees;
(4) appoint necessary committees to assist in the
performance of the functions and duties of the Department
OBRE under this Act; and
(5) (blank). subject to the administrative approval of
the Commissioner, supervise the Real Estate Appraisal
Division.

HB1015 Re-Enrolled - 58 - LRB096 04384 ASK 14754 b
In appointing the Director of the Real Estate Appraisal
Division, the Commissioner shall give due consideration to
members, organizations, and associations of the real estate
appraisal industry.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/25-20)
(Section scheduled to be repealed on January 1, 2012)
Sec. 25-20. Department OBRE; powers and duties. The
Department of Financial and Professional Regulation Office of
Banks and Real Estate shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for the
administration of licensing Acts and shall exercise such other
powers and duties as are prescribed by this Act for the
administration of this Act. The Department OBRE may contract
with third parties for services necessary for the proper
administration of this Act, including without limitation,
investigators with the proper knowledge, training, and skills
to properly investigate complaints against real estate
appraisers.
The Department OBRE shall maintain and update a registry of
the names and addresses of all licensees and a listing of
disciplinary orders issued pursuant to this Act and shall
transmit the registry, along with any national registry fees
that may be required, to the entity specified by, and in a
manner consistent with, Title XI of the federal Financial

HB1015 Re-Enrolled - 59 - LRB096 04384 ASK 14754 b
Institutions Reform, Recovery and Enforcement Act of 1989.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/25-25)
(Section scheduled to be repealed on January 1, 2012)
Sec. 25-25. Rules. The Department OBRE, after considering
any recommendations of the Board, shall adopt rules that may be
necessary for administration, implementation, and enforcement
of the Act.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/30-10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 30-10. Appraisal Administration Fund.
(a) The Appraisal Administrative Fund, created under the
Real Estate License Act of 1983 and continued under Section 40
of the Real Estate Appraiser Licensing Act, is continued under
this Act. All fees collected under this Act shall be deposited
into the Appraisal Administration Fund, created in the State
Treasury under the Real Estate License Act of 1983.
(b) Appropriations to the Department OBRE from the
Appraisal Administration Fund for the purpose of administering
the Real Estate Appraiser Licensing Act may be used by the
Department OBRE for the purpose of administering and enforcing
the provisions of this Act.
(Source: P.A. 92-180, eff. 7-1-02.)

HB1015 Re-Enrolled - 60 - LRB096 04384 ASK 14754 b
(225 ILCS 458/10-15 rep.)
Section 10. The Real Estate Appraiser Licensing Act of 2002
is amended by repealing Section 10-15.
Section 99. Effective date. This Act takes effect upon
becoming law.
HB1015 Re-Enrolled - 61 - LRB096 04384 ASK 14754 b
INDEX
Statutes amended in order of appearance
225 ILCS 458/1-10
225 ILCS 458/5-5
225 ILCS 458/5-10
225 ILCS 458/5-15
225 ILCS 458/5-20
225 ILCS 458/5-20.5 new
225 ILCS 458/5-21 new
225 ILCS 458/5-25
225 ILCS 458/5-30
225 ILCS 458/5-35
225 ILCS 458/5-40
225 ILCS 458/5-45
225 ILCS 458/5-55
225 ILCS 458/10-5
225 ILCS 458/10-10
225 ILCS 458/10-20
225 ILCS 458/15-5
225 ILCS 458/15-10
225 ILCS 458/15-15
225 ILCS 458/15-17 new
225 ILCS 458/15-18 new
225 ILCS 458/15-20
225 ILCS 458/15-30
HB1015 Re-Enrolled - 62 - LRB096 04384 ASK 14754 b
225 ILCS 458/15-35
225 ILCS 458/15-40
225 ILCS 458/15-45
225 ILCS 458/15-50
225 ILCS 458/15-55
225 ILCS 458/15-60
225 ILCS 458/20-5
225 ILCS 458/20-10
225 ILCS 458/25-5
225 ILCS 458/25-10
225 ILCS 458/25-15
225 ILCS 458/25-20
225 ILCS 458/25-25
225 ILCS 458/30-10
225 ILCS 458/10-15 rep.