Bill Text: IL HB3332 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Collection Agency Act from January 1, 2016 to January 1, 2026. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-08-03 - Public Act . . . . . . . . . 99-0227 [HB3332 Detail]

Download: Illinois-2015-HB3332-Chaptered.html

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Public Act 099-0227
HB3332 Enrolled LRB099 00381 MGM 20387 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Professional Limited Liability Company Act.
Section 5. Definitions. In this Act:
"Department" means the Department of Financial and
Professional Regulation.
"Professional limited liability company" means a limited
liability company that intends to provide, or does provide,
professional services that require the individuals engaged in
the profession to be licensed by the Department of Financial
and Professional Regulation.
Section 10. Application of the Limited Liability Company
Act. The Limited Liability Company Act, as now or hereafter
amended, shall be applicable to professional limited liability
companies, and they shall enjoy the powers and privileges and
be subject to the duties, restrictions, and liabilities of
other limited liability companies, except where inconsistent
with the letter and purpose of this Act. This Act shall take
precedence in the event of any conflict with the provisions of
the Limited Liability Company Act or other laws.

Section 15. Certificate of registration.
(a) No professional limited liability company may render
professional services that require the issuance of a license by
the Department, except through its managers, members, agents,
or employees who are duly licensed or otherwise legally
authorized to render such professional services within this
State. An individual's association with a professional limited
liability company as a manager, member, agent, or employee,
shall in no way modify or diminish the jurisdiction of the
Department that licensed, certified, or registered the
individual for a particular profession.
(b) A professional limited liability company shall not
open, operate, or maintain an establishment for any of the
purposes for which a limited liability company may be organized
without obtaining a certificate of registration from the
Department.
(c) Application for a certificate of registration shall be
made in writing and shall contain the name and primary mailing
address of the professional limited liability company, the name
and address of the company's registered agent, the address of
the practice location maintained by the company, each assumed
name being used by the company, and such other information as
may be required by the Department. All official correspondence
from the Department shall be mailed to the primary mailing
address of the company except that the company may elect to

have renewal and non-renewal notices sent to the registered
agent of the company. Upon receipt of such application, the
Department shall make an investigation of the professional
limited liability company. If this Act or any Act administered
by the Department requires the organizers, managers, and
members to each be licensed in the particular profession or
related professions related to the professional services
offered by the company, the Department shall determine that the
organizers, managers, and members are each licensed pursuant to
the laws of Illinois to engage in the particular profession or
related professions involved (except that an initial organizer
may be a licensed attorney) and that no disciplinary action is
pending before the Department against any of them before
issuing a certificate of registration. For all other companies
submitting an application, the Department shall determine if
any organizer, manager, or member claiming to hold a
professional license issued by the Department is currently so
licensed and that no disciplinary action is pending before the
Department against any of them before issuing a certificate of
registration. If it appears that the professional limited
liability company will be conducted in compliance with the law
and the rules and regulations of the Department, the Department
shall issue, upon payment of a registration fee of $50, a
certificate of registration.
(d) A separate application shall be submitted for each
business location in Illinois. If the professional limited

liability company is using more than one fictitious or assumed
name and has an address different from that of the parent
company, a separate application shall be submitted for each
fictitious or assumed name.
(e) Upon written application of the holder, the Department
shall renew the certificate if it finds that the professional
limited liability company has complied with its regulations and
the provisions of this Act and the applicable licensing Act.
This fee for the renewal of a certificate of registration shall
be calculated at the rate of $40 per year. The certificate of
registration shall be conspicuously posted upon the premises to
which it is applicable. A certificate of registration shall not
be assignable.
(f) The Department shall not issue or renew any certificate
of registration to a professional limited liability company
during the period of dissolution.
Section 20. Failure to obtain a certificate of
registration. Whenever the Department has reason to believe a
professional limited liability company has opened, operated,
or maintained an establishment without a certificate of
registration, the Department may issue a notice of violation to
the professional limited liability company. The notice of
violation shall provide a period of 30 days after the date of
the notice to either file an answer to the satisfaction of the
Department or submit an application for a certificate of

registration in compliance with this Act. If the professional
limited liability company submits an application for a
certificate of registration, it must pay the $50 application
fee and a late fee of $100 for each year that the professional
limited liability company opened, operated, or maintained an
establishment without a certificate of registration for the
purpose of providing any professional service that requires the
individuals engaged in the profession to be licensed by the
Department, with a maximum late fee of $500. If the
professional limited liability company that is the subject of
the notice of violation fails to respond, fails to respond to
the satisfaction of the Department, or fails to submit an
application for registration, the Department may institute
disciplinary proceedings against the professional limited
liability company and may impose a civil penalty up to $1,000
for violation of this Act after affording the professional
limited liability company a hearing in conformance with the
requirements of this Act.
Section 25. Suspension, revocation or discipline of
certificate of registration.
(a) The Department may suspend, revoke, or otherwise
discipline the certificate of registration of a professional
limited liability company for any of the following reasons:
(1) the revocation or suspension of the license to
practice the profession of any officer, manager, member,

agent, or employee not promptly removed or discharged by
the professional limited liability company;
(2) unethical professional conduct on the part of any
officer, manager, member, agent, or employee not promptly
removed or discharged by the professional limited
liability company;
(3) the death of the last remaining member;
(4) upon finding that the holder of the certificate has
failed to comply with the provisions of this Act or the
regulations prescribed by the Department; or
(5) the failure to file a return, to pay the tax,
penalty, or interest shown in a filed return, or to pay any
final assessment of tax, penalty, or interest, as required
by a tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such
tax Act are satisfied.
(b) Before any certificate of registration is suspended or
revoked, the holder shall be given written notice of the
proposed action and the reasons for the proposed action and
shall be provided a public hearing by the Department with the
right to produce testimony and other evidence concerning the
charges made. The notice shall also state the place and date of
the hearing, which shall be at least 10 days after service of
the notice.
(c) All orders of the Department denying an application for
a certificate of registration or suspending or revoking a

certificate of registration or imposing a civil penalty shall
be subject to judicial review pursuant to the Administrative
Review Law.
(d) The proceedings for judicial review shall be commenced
in the circuit court of the county in which the party applying
for review is located. If the party is not currently located in
Illinois, the venue shall be in Sangamon County. The Department
shall not be required to certify any record to the court or
file any answer in court or otherwise appear in any court in a
judicial review proceeding, unless and until the Department has
received from the plaintiff payment of the costs of furnishing
and certifying the record, which costs shall be determined by
the Department. Exhibits shall be certified without cost.
Failure on the part of the plaintiff to file a receipt in court
is grounds for dismissal of the action.
Section 30. Confidentiality.
(a) All information collected by the Department in the
course of an examination or investigation of a holder of a
certificate of registration or an applicant, including, but not
limited to, any complaint against a holder of a certificate of
registration filed with the Department and information
collected to investigate any such complaint, shall be
maintained for the confidential use of the Department and shall
not be disclosed.
(b) The Department may not disclose the information to

anyone other than law enforcement officials, other regulatory
agencies that have an appropriate regulatory interest as
determined by the Secretary of the Department, or a party
presenting a lawful subpoena to the Department. Information and
documents disclosed to a federal, State, county, or local law
enforcement agency shall not be disclosed by the agency for any
purpose to any other agency or person. A formal complaint filed
against a holder of a certificate of registration by the
Department or any order issued by the Department against a
holder of a certificate of registration or an applicant shall
be a public record, except as otherwise prohibited by law.
Section 35. Professional relationship and liability;
rights and obligations pertaining to communications.
(a) Nothing contained in this Act shall be interpreted to
abolish, repeal, modify, restrict, or limit the law in effect
in this State on the effective date of this Act that is
applicable to the professional relationship and liabilities
between the person furnishing the professional services and the
person receiving such professional services or the law that is
applicable to the standards for professional conduct. Any
manager, member, agent, or employee of a professional limited
liability company shall remain personally and fully liable and
accountable for any negligent or wrongful acts or misconduct
committed by him or her or by any person under his or her
direct supervision and control while rendering professional

services on behalf of the professional limited liability
company. However, a professional limited liability company
shall have no greater liability for the conduct of its agents
than any other limited liability company organized under the
Limited Liability Company Act. A professional limited
liability company shall be liable up to the full value of its
property for any negligence or wrongful acts or misconduct
committed by any of its managers, members, agents, or employees
while they are engaged in the rendering of professional
services on behalf of the professional limited liability
company.
(b) All rights and obligations pertaining to
communications made to or information received by any qualified
person or the advice he or she gives on such communications or
information, shall be extended to the professional limited
liability company of which he or she is a manager, member,
agent, or employee, and to the professional limited liability
company's managers, members, agents, and employees.
Section 40. Dissolution. A professional limited liability
company may, for the purposes of dissolution, have as its
managers and members individuals who are not licensed by the
Department to provide professional services notwithstanding
any provision of this Act or of any professional Act
administered by the Department, provided that the professional
limited liability company under these circumstances does not

render any professional services nor hold itself out as capable
or available to render any professional services during the
period of dissolution. A copy of the certificate of
dissolution, as issued by the Secretary of State, shall be
delivered to the Department within 30 days of its receipt by
the managers or members.
Section 45. Dishonored payments. Any professional limited
liability company that, on 2 occasions, issues or delivers a
check or other order to the Department that is not honored by
the financial institution upon which it is drawn because of
insufficient funds on the account, shall pay to the Department,
in addition to the amount owing upon such check or other order,
a fee of $50. If such check or other order was issued or
delivered in payment of a renewal fee and the professional
limited liability company whose certificate of registration
has lapsed continues to practice as a professional limited
liability company without paying the renewal fee and the $50
fee required under this Section, an additional fee of $100
shall be imposed for practicing without a current certificate.
The Department shall notify the professional limited liability
company whose certificate of registration has lapsed within 30
days after the discovery by the Department that such
professional limited liability company is operating without a
current certificate of the fact that the professional limited
liability company is operating without a certificate and of the

amount due to the Department, which shall include the lapsed
renewal fee and all other fees required by this Section. If the
professional limited liability company whose certification has
lapsed seeks a current certificate more than 30 days after the
date it receives notification from the Department, it shall be
required to apply to the Department for reinstatement of the
certificate and to pay all fees due to the Department. The
Department may establish a fee for the processing of an
application for reinstatement of a certificate that allows the
Department to pay all costs and expenses related to the
processing of the application. The Secretary of the Department
may waive the fees due under this Section in individual cases
where he or she finds that in the particular case such fees
would be unreasonable or unnecessarily burdensome.
Section 50. Deposit of fees and fines. All fees, civil
penalties, and fines collected under this Act shall be
deposited into the General Professions Dedicated Fund.
Section 900. The Regulatory Sunset Act is amended by
changing Section 4.26 and by adding Section 4.36 as follows:
(5 ILCS 80/4.26)
Sec. 4.26. Acts repealed on January 1, 2016. The following
Acts are repealed on January 1, 2016:
The Illinois Athletic Trainers Practice Act.

The Illinois Roofing Industry Licensing Act.
The Illinois Dental Practice Act.
The Collection Agency Act.
The Barber, Cosmetology, Esthetics, Hair Braiding, and
Nail Technology Act of 1985.
The Respiratory Care Practice Act.
The Hearing Instrument Consumer Protection Act.
The Illinois Physical Therapy Act.
The Professional Geologist Licensing Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
96-1246, eff. 1-1-11.)
(5 ILCS 80/4.36 new)
Sec. 4.36. Act repealed on January 1, 2026. The following
Act is repealed on January 1, 2026:
The Collection Agency Act.
Section 905. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Sections 2105-5, 2105-15, 2105-100, 2105-105,
2105-110, 2105-115, 2105-120, 2105-125, 2105-175, 2105-200,
2105-205, 2105-300, 2105-325, and 2105-400 and by adding
Section 2105-117 as follows:
(20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b)
Sec. 2105-5. Definitions. (a) In this Law:

"Address of record" means the designated address recorded
by the Department in the applicant's application file or the
licensee's license file, as maintained by the Department's
licensure maintenance unit.
"Department" means the Division of Professional Regulation
of the Department of Financial and Professional Regulation. Any
reference in this Article to the "Department of Professional
Regulation" shall be deemed to mean the "Division of
Professional Regulation of the Department of Financial and
Professional Regulation".
"Director" means the Director of Professional Regulation.
(b) In the construction of this Section and Sections
2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120,
2105-125, 2105-175, and 2105-325, the following definitions
shall govern unless the context otherwise clearly indicates:
"Board" means the board of persons designated for a
profession, trade, or occupation under the provisions of any
Act now or hereafter in force whereby the jurisdiction of that
profession, trade, or occupation is devolved on the Department.
"Certificate" means a license, certificate of
registration, permit, or other authority purporting to be
issued or conferred by the Department by virtue or authority of
which the registrant has or claims the right to engage in a
profession, trade, occupation, or operation of which the
Department has jurisdiction.
"Registrant" means a person who holds or claims to hold a

certificate.
"Retiree" means a person who has been duly licensed,
registered, or certified in a profession regulated by the
Department and who chooses to relinquish or not renew his or
her license, registration, or certification.
(Source: P.A. 94-452, eff. 1-1-06.)
(20 ILCS 2105/2105-15)
Sec. 2105-15. General powers and duties.
(a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
(1) To authorize examinations in English to ascertain
the qualifications and fitness of applicants to exercise
the profession, trade, or occupation for which the
examination is held.
(2) To prescribe rules and regulations for a fair and
wholly impartial method of examination of candidates to
exercise the respective professions, trades, or
occupations.
(3) To pass upon the qualifications of applicants for
licenses, certificates, and authorities, whether by
examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining, for
the respective professions, trades, and occupations, what
shall constitute a school, college, or university, or

department of a university, or other institution,
reputable and in good standing, and to determine the
reputability and good standing of a school, college, or
university, or department of a university, or other
institution, reputable and in good standing, by reference
to a compliance with those rules and regulations; provided,
that no school, college, or university, or department of a
university, or other institution that refuses admittance
to applicants solely on account of race, color, creed, sex,
sexual orientation, or national origin shall be considered
reputable and in good standing.
(5) To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as authorized in any
licensing Act administered by the Department with regard to
licenses, certificates, or authorities of persons
exercising the respective professions, trades, or
occupations and to revoke, suspend, refuse to renew, place
on probationary status, or take other disciplinary action
as authorized in any licensing Act administered by the
Department with regard to those licenses, certificates, or
authorities.
The Department shall issue a monthly disciplinary
report.
The Department shall deny any license or renewal
authorized by the Civil Administrative Code of Illinois to

any person who has defaulted on an educational loan or
scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency
of this State; however, the Department may issue a license
or renewal if the aforementioned persons have established a
satisfactory repayment record as determined by the
Illinois Student Assistance Commission or other
appropriate governmental agency of this State.
Additionally, beginning June 1, 1996, any license issued by
the Department may be suspended or revoked if the
Department, after the opportunity for a hearing under the
appropriate licensing Act, finds that the licensee has
failed to make satisfactory repayment to the Illinois
Student Assistance Commission for a delinquent or
defaulted loan. For the purposes of this Section,
"satisfactory repayment record" shall be defined by rule.
The Department shall refuse to issue or renew a license
to, or shall suspend or revoke a license of, any person
who, after receiving notice, fails to comply with a
subpoena or warrant relating to a paternity or child
support proceeding. However, the Department may issue a
license or renewal upon compliance with the subpoena or
warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois to

a person who is certified by the Department of Healthcare
and Family Services (formerly Illinois Department of
Public Aid) as being more than 30 days delinquent in
complying with a child support order or who is certified by
a court as being in violation of the Non-Support Punishment
Act for more than 60 days. The Department may, however,
issue a license or renewal if the person has established a
satisfactory repayment record as determined by the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or if the person is
determined by the court to be in compliance with the
Non-Support Punishment Act. The Department may implement
this paragraph as added by Public Act 89-6 through the use
of emergency rules in accordance with Section 5-45 of the
Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of
rules to implement this paragraph shall be considered an
emergency and necessary for the public interest, safety,
and welfare.
(6) To transfer jurisdiction of any realty under the
control of the Department to any other department of the
State Government or to acquire or accept federal lands when
the transfer, acquisition, or acceptance is advantageous
to the State and is approved in writing by the Governor.
(7) To formulate rules and regulations necessary for
the enforcement of any Act administered by the Department.

(8) To exchange with the Department of Healthcare and
Family Services information that may be necessary for the
enforcement of child support orders entered pursuant to the
Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage
Act of 1984. Notwithstanding any provisions in this Code to
the contrary, the Department of Professional Regulation
shall not be liable under any federal or State law to any
person for any disclosure of information to the Department
of Healthcare and Family Services (formerly Illinois
Department of Public Aid) under this paragraph (8) or for
any other action taken in good faith to comply with the
requirements of this paragraph (8).
(8.5) To accept continuing education credit for
mandated reporter training on how to recognize and report
child abuse offered by the Department of Children and
Family Services and completed by any person who holds a
professional license issued by the Department and who is a
mandated reporter under the Abused and Neglected Child
Reporting Act. The Department shall adopt any rules
necessary to implement this paragraph.
(9) To perform other duties prescribed by law.
(a-5) Except in cases involving default on an educational

loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with
a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in
any individual licensing Act or administrative rule, no person
or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the
Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
(b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
(c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the

Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
(d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory

powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
(e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
(f) (Blank). Beginning July 1, 1995, this Section does not
apply to those professions, trades, and occupations licensed
under the Real Estate License Act of 2000, nor does it apply to
any permits, certificates, or other authorizations to do
business provided for in the Land Sales Registration Act of
1989 or the Illinois Real Estate Time-Share Act.
(g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory

repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order by
certified and regular mail to the licensee's last known address
as registered with the Department. The notice shall advise the
licensee that the suspension shall be effective 60 days after
the issuance of the Department's order unless the Department
receives, from the licensee, a request for a hearing before the
Department to dispute the matters contained in the order.
Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.

The Department may shall promulgate rules for the
administration of this subsection (g).
(h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. The use of
the title "Retired" shall not constitute representation of
current licensure, registration, or certification. Any person
without an active license, registration, or certificate in a
profession that requires licensure, registration, or
certification shall not be permitted to practice that
profession.
(i) Within 180 days after December 23, 2009 (the effective
date of Public Act 96-852), the Department shall promulgate
rules which permit a person with a criminal record, who seeks a
license or certificate in an occupation for which a criminal
record is not expressly a per se bar, to apply to the
Department for a non-binding, advisory opinion to be provided
by the Board or body with the authority to issue the license or
certificate as to whether his or her criminal record would bar
the individual from the licensure or certification sought,
should the individual meet all other licensure requirements
including, but not limited to, the successful completion of the
relevant examinations.
(Source: P.A. 97-650, eff. 2-1-12; 98-756, eff. 7-16-14;
98-850, eff. 1-1-15.)

(20 ILCS 2105/2105-100) (was 20 ILCS 2105/60c)
Sec. 2105-100. Disciplinary action with respect to
certificates; notice citation; hearing.
(a) Certificates may be revoked, suspended, placed on
probationary status, reprimanded, fined, or have other
disciplinary action taken with regard to them as authorized in
any licensing Act administered by the Department in the manner
provided by the Civil Administrative Code of Illinois and not
otherwise.
(b) The Department may upon its own motion and shall upon
the verified complaint in writing of any person, provided the
complaint or the complaint together with evidence, documentary
or otherwise, presented in connection with the complaint makes
a prima facie case, investigate the actions of any person
holding or claiming to hold a certificate.
(c) Before suspending, revoking, placing on probationary
status, reprimanding, fining, or taking any other disciplinary
action that may be authorized in any licensing Act administered
by the Department with regard to any certificate, the
Department shall issue a notice informing citation notifying
the registrant of the time and place when and where a hearing
of the charges shall be had. The notice citation shall contain
a statement of the charges or shall be accompanied by a copy of
the written complaint if such complaint shall have been filed.
The notice citation shall be served on the registrant at least
10 days prior to the date set in the notice citation for the

hearing, either by delivery of the notice citation personally
to the registrant or by mailing the notice citation by
registered mail to the registrant's address of record last
known place of residence; provided that in any case where the
registrant is now or may hereafter be required by law to
maintain a place of business in this State and to notify the
Department of the location of that place of business, the
notice citation may be served by mailing it by registered mail
to the registrant at the place of business last described by
the registrant in the notification to the Department.
(d) At the time and place fixed in the notice citation, the
Department shall proceed to a hearing of the charges. Both the
registrant and the complainant shall be accorded ample
opportunity to present, in person or by counsel, any
statements, testimony, evidence, and argument that may be
pertinent to the charges or to any defense to the charges. The
Department may continue the hearing from time to time.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2105/2105-105) (was 20 ILCS 2105/60d)
Sec. 2105-105. Oaths; subpoenas; penalty.
(a) The Department, by its Director or a person designated
by him or her, is empowered, at any time during the course of
any investigation or hearing conducted pursuant to any Act
administered by the Department, to administer oaths, subpoena
witnesses, take evidence, and compel the production of any

books, papers, records, or any other documents that the
Director, or a person designated by him or her, deems relevant
or material to any such investigation or hearing conducted by
the Department, with the same fees and mileage and in the same
manner as prescribed by law in judicial proceedings in civil
cases in circuit courts of this State. Discovery or evidence
depositions shall not be taken, except by agreement of the
Department and registrant.
(b) Any person who, without lawful authority, fails to
appear in response to a subpoena or to answer any question or
produce any books, papers, records, or any other documents
relevant or material to the investigation or hearing is guilty
of a Class A misdemeanor. Each violation shall constitute a
separate and distinct offense.
In addition to initiating criminal proceedings, the
Department, through the Attorney General, may seek enforcement
of any such subpoena by any circuit court of this State.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2105/2105-110) (was 20 ILCS 2105/60e)
Sec. 2105-110. Court order requiring attendance of
witnesses or production of materials. Any circuit court, upon
the application of the registrant or complainant or of the
Department, may by order duly entered enforce a subpoena issued
by the Department for require the attendance of witnesses and
the production of relevant books and papers before the

Department in any hearing relative to the application for
refusal to renew, suspension, revocation, placing on
probationary status, reprimand, fine, or the taking of any
other disciplinary action as may be authorized in any licensing
Act administered by the Department with regard to any
certificate of registration. The court may compel obedience to
its order by proceedings for contempt.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2105/2105-115) (was 20 ILCS 2105/60f)
Sec. 2105-115. Certified shorthand reporter Stenographer;
transcript. The Department, at its expense, shall provide a
certified shorthand reporter stenographer to take down the
testimony and preserve a record of all proceedings at the
hearing of any case in which a certificate may be revoked,
suspended, placed on probationary status, reprimanded, fined,
or subjected to other disciplinary action with reference to the
certificate when a disciplinary action is authorized in any
licensing Act administered by the Department. The notice
citation, complaint, and all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the board, and the
orders of the Department shall be the record of the
proceedings. The Department shall furnish a transcript of the
record to any person interested in the hearing upon payment
therefor of $1 per page. The Department may contract for court

reporting services, and, in the event it does so, the
Department shall provide the name and contact information for
the certified shorthand reporter who transcribed the testimony
at a hearing to any person interested, who may obtain a copy of
the transcript of any proceedings at a hearing upon payment of
the fee specified by the certified shorthand reporter. This
charge is in addition to any fee charged by the Department for
certifying the record.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2105/2105-117 new)
Sec. 2105-117. Confidentiality. All information collected
by the Department in the course of an examination or
investigation of a licensee, registrant, or applicant,
including, but not limited to, any complaint against a licensee
or registrant filed with the Department and information
collected to investigate any such complaint, shall be
maintained for the confidential use of the Department and shall
not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Director, or a party presenting a
lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a

licensee or registrant by the Department or any order issued by
the Department against a licensee, registrant, or applicant
shall be a public record, except as otherwise prohibited by
law.
(20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
Sec. 2105-120. Board's report; registrant's motion for
rehearing.
(a) The board shall present to the Director its written
report of its findings and recommendations. A copy of the
report shall be served upon the registrant, either personally
or by registered mail as provided in Section 2105-100 for the
service of the notice citation.
(b) Within 20 days after the service required under
subsection (a), the registrant may present to the Department a
motion in writing for a rehearing. The written motion shall
specify the particular grounds for a rehearing. If the
registrant orders and pays for a transcript of the record as
provided in Section 2105-115, the time elapsing thereafter and
before the transcript is ready for delivery to the registrant
shall not be counted as part of the 20 days.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16,
eff. 6-28-01.)
(20 ILCS 2105/2105-125) (was 20 ILCS 2105/60h)
Sec. 2105-125. Restoration of certificate. At any time

after the successful completion of any term of suspension,
revocation, placement on probationary status, or other
disciplinary action taken by the Department with reference to
any certificate, including payment of any fine, the Department
may restore it to the registrant without examination, upon the
written recommendation of the appropriate board.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2105/2105-175) (was 20 ILCS 2105/60a in part)
Sec. 2105-175. Reexaminations or rehearings. Whenever the
Director is satisfied that substantial justice has not been
done either in an examination or in the revocation of, refusal
to renew, suspension, placing on probationary status,
reprimanding, fining, or taking of other disciplinary action as
may be authorized in any licensing Act administered by the
Department with regard to a license, certificate, or authority,
the Director may order reexaminations or rehearings by the same
or other examiners or hearing officers.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2105/2105-200) (was 20 ILCS 2105/60.1)
Sec. 2105-200. Index of formal decisions regarding
disciplinary action. The Department shall maintain an index of
formal decisions regarding the issuance of or refusal to issue
licenses, the renewal of or refusal to renew licenses, the
revocation or suspension of licenses, and probationary or other

disciplinary action taken by the Department after August 31,
1971 (the effective date of Public Act 77-1400). The decisions
shall be indexed according to the statutory Section and the
administrative regulation, if any, that is the basis for the
decision. The index shall be available to the public during
regular business hours.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
Sec. 2105-205. Publication of disciplinary actions. The
Department shall publish on its website, at least monthly,
final disciplinary actions taken by the Department against a
licensee or applicant pursuant to any licensing Act
administered by the Department the Medical Practice Act of
1987. The specific disciplinary action and the name of the
applicant or licensee shall be listed. This publication shall
be made available to the public upon request and payment of the
fees set by the Department. This publication may be made
available to the public on the Internet through the State of
Illinois World Wide Web site.
(Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00.)
(20 ILCS 2105/2105-300) (was 20 ILCS 2105/61e)
Sec. 2105-300. Professions Indirect Cost Fund;
allocations; analyses.
(a) Appropriations for the direct and allocable indirect

costs of licensing and regulating each regulated profession,
trade, occupation, or industry are intended to be payable from
the fees and fines that are assessed and collected from that
profession, trade, occupation, or industry, to the extent that
those fees and fines are sufficient. In any fiscal year in
which the fees and fines generated by a specific profession,
trade, occupation, or industry are insufficient to finance the
necessary direct and allocable indirect costs of licensing and
regulating that profession, trade, occupation, or industry,
the remainder of those costs shall be financed from
appropriations payable from revenue sources other than fees and
fines. The direct and allocable indirect costs of the
Department identified in its cost allocation plans that are not
attributable to the licensing and regulation of a specific
profession, trade, or occupation, or industry or group of
professions, trades, occupations, or industries shall be
financed from appropriations from revenue sources other than
fees and fines.
(b) The Professions Indirect Cost Fund is hereby created as
a special fund in the State Treasury. Except as provided in
subsection (e), the Fund may receive transfers of moneys
authorized by the Department from the cash balances in special
funds that receive revenues from the fees and fines associated
with the licensing of regulated professions, trades,
occupations, and industries by the Department. For purposes of
this Section only, until June 30, 2010, the Fund may also

receive transfers of moneys authorized by the Department from
the cash balances in special funds that receive revenues from
the fees and fines associated with the licensing of regulated
professions, trades, occupations, and industries by the
Department of Insurance. Moneys in the Fund shall be invested
and earnings on the investments shall be retained in the Fund.
Subject to appropriation, the Department shall use moneys in
the Fund to pay the ordinary and necessary allocable indirect
expenses associated with each of the regulated professions,
trades, occupations, and industries.
(c) Before the beginning of each fiscal year, the
Department shall prepare a cost allocation analysis to be used
in establishing the necessary appropriation levels for each
cost purpose and revenue source. At the conclusion of each
fiscal year, the Department shall prepare a cost allocation
analysis reflecting the extent of the variation between how the
costs were actually financed in that year and the planned cost
allocation for that year. Variations between the planned and
actual cost allocations for the prior fiscal year shall be
adjusted into the Department's planned cost allocation for the
next fiscal year.
Each cost allocation analysis shall separately identify
the direct and allocable indirect costs of each regulated
profession, trade, occupation, or industry and the costs of the
Department's general public health and safety purposes. The
analyses shall determine whether the direct and allocable

indirect costs of each regulated profession, trade,
occupation, or industry and the costs of the Department's
general public health and safety purposes are sufficiently
financed from their respective funding sources. The Department
shall prepare the cost allocation analyses in consultation with
the respective regulated professions, trades, occupations, and
industries and shall make copies of the analyses available to
them in a timely fashion. For purposes of this Section only,
until June 30, 2010, the Department shall include in its cost
allocation analysis the direct and allocable indirect costs of
each regulated profession, trade, occupation, or industry and
the costs of the general public health and safety purposes of
the Department of Insurance.
(d) Except as provided in subsection (e), the Department
may direct the State Comptroller and Treasurer to transfer
moneys from the special funds that receive fees and fines
associated with regulated professions, trades, occupations,
and industries into the Professions Indirect Cost Fund in
accordance with the Department's cost allocation analysis plan
for the applicable fiscal year. For a given fiscal year, the
Department shall not direct the transfer of moneys under this
subsection from a special fund associated with a specific
regulated profession, trade, occupation, or industry (or group
of professions, trades, occupations, or industries) in an
amount exceeding the allocable indirect costs associated with
that profession, trade, occupation, or industry (or group of

professions, trades, occupations, or industries) as provided
in the cost allocation analysis for that fiscal year and
adjusted for allocation variations from the prior fiscal year.
No direct costs identified in the cost allocation plan shall be
used as a basis for transfers into the Professions Indirect
Cost Fund or for expenditures from the Fund.
(e) No transfer may be made to the Professions Indirect
Cost Fund under this Section from the Public Pension Regulation
Fund.
(Source: P.A. 95-950, eff. 8-29-08; 96-45, eff. 7-15-09.)
(20 ILCS 2105/2105-325) (was 20 ILCS 2105/60a in part)
Sec. 2105-325. Board member expenses compensation. Except
as otherwise provided in any licensing Act, from amounts
appropriated for compensation and expenses of boards, each
member of each board shall receive compensation at a rate,
established by the Director, not to exceed $50 per day, for the
member's service and shall be reimbursed for the member's
expenses necessarily incurred in relation to that service in
accordance with the travel regulations applicable to the
Department at the time the expenses are incurred.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2105/2105-400)
Sec. 2105-400. Emergency Powers.
(a) Upon proclamation of a disaster by the Governor, as

provided for in the Illinois Emergency Management Agency Act,
the Secretary of Financial and Professional Regulation shall
have the following powers, which shall be exercised only in
coordination with the Illinois Emergency Management Agency and
the Department of Public Health:
(1) The power to suspend the requirements for permanent
or temporary licensure of persons who are licensed in
another state and are working under the direction of the
Illinois Emergency Management Agency and the Department of
Public Health pursuant to a declared disaster.
(2) The power to modify the scope of practice
restrictions under any licensing act administered by the
Department for any person working under the direction of
the Illinois Emergency Management Agency and the Illinois
Department of Public Health pursuant to the declared
disaster.
(3) The power to expand the exemption in Section 4(a)
of the Pharmacy Practice Act to those licensed
professionals whose scope of practice has been modified,
under paragraph (2) of subsection (a) of this Section, to
include any element of the practice of pharmacy as defined
in the Pharmacy Practice Act for any person working under
the direction of the Illinois Emergency Management Agency
and the Illinois Department of Public Health pursuant to
the declared disaster.
(b) Persons exempt from licensure under paragraph (1) of

subsection (a) of this Section and persons operating under
modified scope of practice provisions under paragraph (2) of
subsection (a) of this Section shall be exempt from licensure
or be subject to modified scope of practice only until the
declared disaster has ended as provided by law. For purposes of
this Section, persons working under the direction of an
emergency services and disaster agency accredited by the
Illinois Emergency Management Agency and a local public health
department, pursuant to a declared disaster, shall be deemed to
be working under the direction of the Illinois Emergency
Management Agency and the Department of Public Health.
(c) The Secretary or the Director, as his or her designee,
shall exercise these powers by way of proclamation.
(Source: P.A. 94-733, eff. 4-27-06; 95-689, eff. 10-29-07.)
(20 ILCS 2105/2105-150 rep.)
(20 ILCS 2105/2105-350 rep.)
Section 910. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
repealing Sections 2105-150 and 2105-350.
Section 915. The Clinical Psychologist Licensing Act is
amended by changing Section 3 and by adding Section 24.2 as
follows:
(225 ILCS 15/3) (from Ch. 111, par. 5353)

(Section scheduled to be repealed on January 1, 2017)
Sec. 3. Necessity of license; corporations, professional
limited liability companies, partnerships, and associations;
display of license.
(a) No individual, partnership, association or corporation
shall, without a valid license as a clinical psychologist
issued by the Department, in any manner hold himself or herself
out to the public as a psychologist or clinical psychologist
under the provisions of this Act or render or offer to render
clinical psychological services as defined in paragraph 7 of
Section 2 of this Act; or attach the title "clinical
psychologist", "psychologist" or any other name or designation
which would in any way imply that he or she is able to practice
as a clinical psychologist; or offer to render or render, to
individuals, corporations or the public, clinical
psychological services as defined in paragraph 7 of Section 2
of this Act.
No person may engage in the practice of clinical
psychology, as defined in paragraph (5) of Section 2 of this
Act, without a license granted under this Act, except as
otherwise provided in this Act.
(b) No association or partnership shall be granted a
license and no professional limited liability company shall
provide, attempt to provide, or offer to provide clinical
psychological services unless every member, partner, and
employee of the association, or partnership, or professional

limited liability company who renders clinical psychological
services holds a currently valid license issued under this Act.
No license shall be issued by the Department to a corporation
that (i) has a stated purpose that includes clinical
psychology, or (ii) practices or holds itself out as available
to practice clinical psychology, unless it is organized under
the Professional Service Corporation Act.
(c) Individuals, corporations, professional limited
liability companies, partnerships, and associations may employ
practicum students, interns or postdoctoral candidates seeking
to fulfill educational requirements or the professional
experience requirements needed to qualify for a license as a
clinical psychologist to assist in the rendering of services,
provided that such employees function under the direct
supervision, order, control and full professional
responsibility of a licensed clinical psychologist in the
corporation, professional limited liability company,
partnership, or association. Nothing in this paragraph shall
prohibit a corporation, professional limited liability
company, partnership, or association from contracting with a
licensed health care professional to provide services.
(c-5) Nothing in this Act shall preclude individuals
licensed under this Act from practicing directly or indirectly
for a physician licensed to practice medicine in all its
branches under the Medical Practice Act of 1987 or for any
legal entity as provided under subsection (c) of Section 22.2

of the Medical Practice Act of 1987.
Nothing in this Act shall preclude individuals licensed
under this Act from practicing directly or indirectly for any
hospital licensed under the Hospital Licensing Act or any
hospital affiliate as defined in Section 10.8 of the Hospital
Licensing Act and any hospital authorized under the University
of Illinois Hospital Act.
(d) Nothing in this Act shall prevent the employment, by a
clinical psychologist, individual, association, partnership,
professional limited liability company, or a corporation
furnishing clinical psychological services for remuneration,
of persons not licensed as clinical psychologists under the
provisions of this Act to perform services in various
capacities as needed, provided that such persons are not in any
manner held out to the public as rendering clinical
psychological services as defined in paragraph 7 of Section 2
of this Act. Nothing contained in this Act shall require any
hospital, clinic, home health agency, hospice, or other entity
that provides health care services to employ or to contract
with a clinical psychologist licensed under this Act to perform
any of the activities under paragraph (5) of Section 2 of this
Act.
(e) Nothing in this Act shall be construed to limit the
services and use of official title on the part of a person, not
licensed under the provisions of this Act, in the employ of a
State, county or municipal agency or other political

subdivision insofar that such services are a part of the duties
in his or her salaried position, and insofar that such services
are performed solely on behalf of his or her employer.
Nothing contained in this Section shall be construed as
permitting such person to offer their services as psychologists
to any other persons and to accept remuneration for such
psychological services other than as specifically excepted
herein, unless they have been licensed under the provisions of
this Act.
(f) Duly recognized members of any bonafide religious
denomination shall not be restricted from functioning in their
ministerial capacity provided they do not represent themselves
as being clinical psychologists or providing clinical
psychological services.
(g) Nothing in this Act shall prohibit individuals not
licensed under the provisions of this Act who work in self-help
groups or programs or not-for-profit organizations from
providing services in those groups, programs, or
organizations, provided that such persons are not in any manner
held out to the public as rendering clinical psychological
services as defined in paragraph 7 of Section 2 of this Act.
(h) Nothing in this Act shall be construed to prevent a
person from practicing hypnosis without a license issued under
this Act provided that the person (1) does not otherwise engage
in the practice of clinical psychology including, but not
limited to, the independent evaluation, classification, and

treatment of mental, emotional, behavioral, or nervous
disorders or conditions, developmental disabilities,
alcoholism and substance abuse, disorders of habit or conduct,
the psychological aspects of physical illness, (2) does not
otherwise engage in the practice of medicine including, but not
limited to, the diagnosis or treatment of physical or mental
ailments or conditions, and (3) does not hold himself or
herself out to the public by a title or description stating or
implying that the individual is a clinical psychologist or is
licensed to practice clinical psychology.
(i) Every licensee under this Act shall prominently display
the license at the licensee's principal office, place of
business, or place of employment and, whenever requested by any
representative of the Department, must exhibit the license.
(Source: P.A. 94-870, eff. 6-16-06.)
(225 ILCS 15/24.2 new)
Sec. 24.2. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory

interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
Section 920. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 10 and by adding
Section 34.1 as follows:
(225 ILCS 20/10) (from Ch. 111, par. 6360)
(Section scheduled to be repealed on January 1, 2018)
Sec. 10. License restrictions and limitations.
(a) No person shall, without a license as a social worker
issued by the Department: (i) in any manner hold himself or
herself out to the public as a social worker under this Act;
(ii) use the title "social worker" or "licensed social worker";
or (iii) offer to render to individuals, corporations, or the
public social work services if the words "social work" or
"licensed social worker" are used to describe the person
offering to render or rendering the services or to describe the
services rendered or offered to be rendered.
(b) No person shall, without a license as a clinical social

worker issued by the Department: (i) in any manner hold himself
or herself out to the public as a clinical social worker or
licensed clinical social worker under this Act; (ii) use the
title "clinical social worker" or "licensed clinical social
worker"; or (iii) offer to render to individuals, corporations,
or the public clinical social work services if the words
"licensed clinical social worker" or "clinical social work" are
used to describe the person to render or rendering the services
or to describe the services rendered or offered to be rendered.
(c) Licensed social workers may not engage in independent
practice of clinical social work without a clinical social
worker license. In independent practice, a licensed social
worker shall practice at all times under the order, control,
and full professional responsibility of a licensed clinical
social worker, a licensed clinical psychologist, or a
psychiatrist, as defined in Section 1-121 of the Mental Health
and Developmental Disabilities Code.
(d) No association, or partnership, or professional
limited liability company shall provide, attempt to provide, or
offer to provide social work or clinical social work services
be granted a license unless every member, partner, and employee
of the association, or partnership, or professional limited
liability company who practices social work or clinical social
work, or who renders social work or clinical social work
services, holds a current license issued under this Act. No
business shall provide, attempt to provide, or offer to provide

social work or clinical social work services license shall be
issued to a corporation, the stated purpose of which includes
or that practices or holds itself out as available to practice
social work or clinical social work unless it is organized
under the Professional Service Corporation Act, the Medical
Corporation Act, or the Professional Limited Liability Company
Act.
(e) Nothing in this Act shall preclude individuals licensed
under this Act from practicing directly or indirectly for a
physician licensed to practice medicine in all its branches
under the Medical Practice Act of 1987 or for any legal entity
as provided under subsection (c) of Section 22.2 of the Medical
Practice Act of 1987.
Nothing in this Act shall preclude individuals licensed
under this Act from practicing directly or indirectly for any
hospital licensed under the Hospital Licensing Act or any
hospital affiliate as defined in Section 10.8 of the Hospital
Licensing Act and any hospital authorized under the University
of Illinois Hospital Act.
(Source: P.A. 90-150, eff. 12-30-97.)
(225 ILCS 20/34.1 new)
Sec. 34.1. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and

information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(225 ILCS 20/18 rep.)
Section 925. The Clinical Social Work and Social Work
Practice Act is amended by repealing Section 18.
Section 930. The Marriage and Family Therapy Licensing Act
is amended by changing Section 75 and by adding Section 156 as
follows:
(225 ILCS 55/75) (from Ch. 111, par. 8351-75)
(Section scheduled to be repealed on January 1, 2018)
Sec. 75. License restrictions and limitations. Practice by
corporations. No association, partnership, or professional

limited liability company shall provide, attempt to provide, or
offer to provide marriage and family therapy services unless
every member, partner, and employee of the association,
partnership, or professional limited liability company who
practices marriage and family therapy or who renders marriage
and family therapy services holds a current license issued
under this Act. No business shall provide, attempt to provide,
or offer to provide license shall be issued by the Department
to any corporation (i) that has a stated purpose that includes,
or (ii) that practices or holds itself out as available to
practice, marriage and family therapy services , unless it is
organized under the Professional Service Corporation Act or
Professional Limited Liability Company Act. Nothing in this Act
shall preclude individuals licensed under this Act from
practicing directly or indirectly for a physician licensed to
practice medicine in all its branches under the Medical
Practice Act of 1987 or for any legal entity as provided under
subsection (c) of Section 22.2 of the Medical Practice Act of
1987.
(Source: P.A. 87-783.)
(225 ILCS 55/156 new)
Sec. 156. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and

information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
Section 935. The Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act is amended by
changing Section 20 as follows:
(225 ILCS 107/20)
(Section scheduled to be repealed on January 1, 2023)
Sec. 20. Restrictions and limitations.
(a) No person shall, without a valid license as a
professional counselor issued by the Department: (i) in any
manner hold himself or herself out to the public as a
professional counselor under this Act; (ii) attach the title
"professional counselor" or "licensed professional counselor";

or (iii) offer to render or render to individuals,
corporations, or the public professional counseling services.
(b) No person shall, without a valid license as a clinical
professional counselor issued by the Department: (i) in any
manner hold himself or herself out to the public as a clinical
professional counselor or licensed clinical professional
counselor under this Act; (ii) attach the title "clinical
professional counselor" or "licensed clinical professional
counselor"; or (iii) offer to render to individuals,
corporations, or the public clinical professional counseling
services.
(c) (Blank).
(d) No association, limited liability company,
professional limited liability company, or partnership shall
provide, attempt to provide, or offer to provide practice
clinical professional counseling or professional counseling
services unless every member, partner, and employee of the
association, limited liability company, professional limited
liability company, or partnership who practices professional
counseling or clinical professional counseling, or who renders
professional counseling or clinical professional counseling
services, holds a currently valid license issued under this
Act. No business shall provide, attempt to provide, or offer to
provide license shall be issued to a corporation, the stated
purpose of which includes or which practices or which holds
itself out as available to practice professional counseling or

clinical professional counseling services unless it is
organized under the Professional Service Corporation Act or
Professional Limited Liability Company Act.
(d-5) Nothing in this Act shall preclude individuals
licensed under this Act from practicing directly or indirectly
for a physician licensed to practice medicine in all its
branches under the Medical Practice Act of 1987 or for any
legal entity as provided under subsection (c) of Section 22.2
of the Medical Practice Act of 1987.
(e) Nothing in this Act shall be construed as permitting
persons licensed as professional counselors or clinical
professional counselors to engage in any manner in the practice
of medicine in all its branches as defined by law in this
State.
(f) When, in the course of providing professional
counseling or clinical professional counseling services to any
person, a professional counselor or clinical professional
counselor licensed under this Act finds indication of a disease
or condition that in his or her professional judgment requires
professional service outside the scope of practice as defined
in this Act, he or she shall refer that person to a physician
licensed to practice medicine in all of its branches or another
appropriate health care practitioner.
(Source: P.A. 97-706, eff. 6-25-12.)
Section 940. The Sex Offender Evaluation and Treatment

Provider Act is amended by changing Section 40 as follows:
(225 ILCS 109/40)
Sec. 40. Application; exemptions.
(a) No person may act as a sex offender evaluator, sex
offender treatment provider, or associate sex offender
provider as defined in this Act for the provision of sex
offender evaluations or sex offender treatment pursuant to the
Sex Offender Management Board Act, the Sexually Dangerous
Persons Act, or the Sexually Violent Persons Commitment Act
unless the person is licensed to do so by the Department. Any
evaluation or treatment services provided by a licensed health
care professional not licensed under this Act shall not be
valid under the Sex Offender Management Board Act, the Sexually
Dangerous Persons Act, or the Sexually Violent Persons
Commitment Act. No business shall provide, attempt to provide,
or offer to provide sex offender evaluation services unless it
is organized under the Professional Service Corporation Act,
the Medical Corporation Act, or the Professional Limited
Liability Company Act.
(b) Nothing in this Act shall be construed to require any
licensed physician, advanced practice nurse, physician
assistant, or other health care professional to be licensed
under this Act for the provision of services for which the
person is otherwise licensed. This Act does not prohibit a
person licensed under any other Act in this State from engaging

in the practice for which he or she is licensed. This Act only
applies to the provision of sex offender evaluations or sex
offender treatment provided for the purposes of complying with
the Sex Offender Management Board Act, the Sexually Dangerous
Persons Act, or the Sexually Violent Persons Commitment Act.
(Source: P.A. 97-1098, eff. 7-1-13.)
Section 945. The Collection Agency Act is amended by
changing Sections 2, 2.03, 2.04, 3, 4, 4.5, 5, 7, 8, 8a, 8b,
8c, 9, 9.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.22, 11, 13.1, 13.2, 14a,
14b, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27 and by
adding Sections 30, 35, 40, 45, 50, and 55 as follows:
(225 ILCS 425/2) (from Ch. 111, par. 2002)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2. Definitions. In this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
"Board" means the Collection Agency Licensing and
Disciplinary Board.
"Charge-off balance" means an account principal and other

legally collectible costs, expenses, and interest accrued
prior to the charge-off date, less any payments or settlement.
"Charge-off date" means the date on which a receivable is
treated as a loss or expense.
"Credit Consumer credit transaction" means a transaction
between a natural person and another person in which property,
service, or money is acquired on credit by that natural person
from such other person primarily for personal, family, or
household purposes.
"Consumer debt" or "consumer credit" means money,
property, or their equivalent, due or owing or alleged to be
due or owing from a natural person by reason of a consumer
credit transaction.
"Creditor" means a person who extends consumer credit to a
debtor.
"Current balance" means the charge-off balance plus any
legally collectible costs, expenses, and interest, less any
credits or payments.
"Debt" means money, property, or their equivalent which is
due or owing or alleged to be due or owing from a natural
person to another person.
"Debt buyer" means a person or entity that is engaged in
the business of purchasing delinquent or charged-off consumer
loans or consumer credit accounts or other delinquent consumer
debt for collection purposes, whether it collects the debt
itself or hires a third-party for collection or an

attorney-at-law for litigation in order to collect such debt.
"Debt collection" means any act or practice in connection
with the collection of consumer debts.
"Debt collector", "collection agency", or "agency" means
any person who, in the ordinary course of business, regularly,
on behalf of himself or herself or others, engages in debt
collection.
"Debtor" means a natural person from whom a collection
agency debt collector seeks to collect a consumer or commercial
debt that is due and owing or alleged to be due and owing from
such person.
"Department" means Division of Professional Regulation
within the Department of Financial and Professional
Regulation.
"Director" means the Director of the Division of
Professional Regulation within the Department of Financial and
Professional Regulation.
"Person" means a natural person, partnership, corporation,
limited liability company, trust, estate, cooperative,
association, or other similar entity.
"Licensed collection agency" means a person who is licensed
under this Act to engage in the practice of debt collection in
Illinois.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 97-1070, eff. 1-1-13.)

(225 ILCS 425/2.03) (from Ch. 111, par. 2005)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2.03. Exemptions. This Act does not apply to persons
whose collection activities are confined to and are directly
related to the operation of a business other than that of a
collection agency, and specifically does not include the
following:
1. Banks, including trust departments, affiliates, and
subsidiaries thereof, fiduciaries, and financing and
lending institutions (except those who own or operate
collection agencies);
2. Abstract companies doing an escrow business;
3. Real estate brokers when acting in the pursuit of
their profession;
4. Public officers and judicial officers acting under
order of a court;
5. Licensed attorneys at law;
6. Insurance companies;
7. Credit unions, including affiliates and
subsidiaries thereof (except those who own or operate
collection agencies);
8. Loan and finance companies, including entities
licensed pursuant to the Residential Mortgage License Act
of 1987;
9. Retail stores collecting their own accounts;

10. Unit Owner's Associations established under the
Condominium Property Act, and their duly authorized
agents, when collecting assessments from unit owners; and
11. Any person or business under contract with a
creditor to notify the creditor's debtors of a debt using
only the creditor's name.
(Source: P.A. 95-437, eff. 1-1-08.)
(225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2.04. Child support debt indebtedness.
(a) Collection agencies Persons, associations,
partnerships, corporations, or other legal entities engaged in
the business of collecting child support debt indebtedness
owing under a court order as provided under the Illinois Public
Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the
Non-Support Punishment Act, the Illinois Parentage Act of 1984,
or similar laws of other states are not restricted (i) in the
frequency of contact with an obligor who is in arrears, whether
by phone, mail, or other means, (ii) from contacting the
employer of an obligor who is in arrears, (iii) from publishing
or threatening to publish a list of obligors in arrears, (iv)
from disclosing or threatening to disclose an arrearage that
the obligor disputes, but for which a verified notice of
delinquency has been served under the Income Withholding for

Support Act (or any of its predecessors, Section 10-16.2 of the
Illinois Public Aid Code, Section 706.1 of the Illinois
Marriage and Dissolution of Marriage Act, Section 22 4.1 of the
Non-Support Punishment of Spouse and Children Act, Section 26.1
of the Revised Uniform Reciprocal Enforcement of Support Act,
or Section 20 of the Illinois Parentage Act of 1984), or (v)
from engaging in conduct that would not cause a reasonable
person mental or physical illness. For purposes of this
subsection, "obligor" means an individual who owes a duty to
make periodic payments, under a court order, for the support of
a child. "Arrearage" means the total amount of an obligor's
unpaid child support obligations.
(a-5) A collection agency may not impose a fee or charge,
including costs, for any child support payments collected
through the efforts of a federal, State, or local government
agency, including but not limited to child support collected
from federal or State tax refunds, unemployment benefits, or
Social Security benefits.
No collection agency that collects child support payments
shall (i) impose a charge or fee, including costs, for
collection of a current child support payment, (ii) fail to
apply collections to current support as specified in the order
for support before applying collection to arrears or other
amounts, or (iii) designate a current child support payment as
arrears or other amount owed. In all circumstances, the
collection agency shall turn over to the obligee all support

collected in a month up to the amount of current support
required to be paid for that month.
As to any fees or charges, including costs, retained by the
collection agency, that agency shall provide documentation to
the obligee demonstrating that the child support payments
resulted from the actions of the agency.
After collection of the total amount or arrearage,
including statutory interest, due as of the date of execution
of the collection contract, no further fees may be charged.
(a-10) The Department of Professional Regulation shall
determine a fee rate of not less than 25% but not greater than
35%, based upon presentation by the licensees as to costs to
provide the service and a fair rate of return. This rate shall
be established by administrative rule.
Without prejudice to the determination by the Department of
the appropriate rate through administrative rule, a collection
agency shall impose a fee of not more than 29% of the amount of
child support actually collected by the collection agency
subject to the provisions of subsection (a-5). This interim
rate is based upon the March 2002 General Account Office report
"Child Support Enforcement", GAO-02-349. This rate shall apply
until a fee rate is established by administrative rule.
(b) The Department shall adopt rules necessary to
administer and enforce the provisions of this Section.
(Source: P.A. 93-896, eff. 8-10-04; 94-414, eff. 12-31-05.)

(225 ILCS 425/3) (from Ch. 111, par. 2006)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3. A person, association, partnership, corporation,
or other legal entity acts as a collection agency when he, she,
or it:
(a) Engages in the business of collection for others of
any account, bill or other debt indebtedness;
(b) Receives, by assignment or otherwise, accounts,
bills, or other debt indebtedness from any person owning or
controlling 20% or more of the business receiving the
assignment, with the purpose of collecting monies due on
such account, bill or other debt indebtedness;
(c) Sells or attempts to sell, or gives away or
attempts to give away to any other person, other than one
licensed registered under this Act, any system of
collection, letters, demand forms, or other printed matter
where the name of any person, other than that of the
creditor, appears in such a manner as to indicate, directly
or indirectly, that a request or demand is being made by
any person other than the creditor for the payment of the
sum or sums due or asserted to be due;
(d) Buys accounts, bills or other debt indebtedness and
engages in collecting the same; or
(e) Uses a fictitious name in collecting its own
accounts, bills, or debts with the intention of conveying
to the debtor that a third party has been employed to make

such collection; or .
(f) Engages in the business of collection of a check or
other payment that is returned unpaid by the financial
institution upon which it is drawn.
(Source: P.A. 94-414, eff. 12-31-05; 95-437, eff. 1-1-08.)
(225 ILCS 425/4) (from Ch. 111, par. 2007)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4. No collection agency shall operate in this State,
directly or indirectly engage in the business of collecting
debt, solicit debt claims for others, have a sales office, a
client, or solicit a client in this State, exercise the right
to collect, or receive payment for another of any debt account,
bill or other indebtedness, without obtaining a license
registering under this Act except that no collection agency
shall be required to be licensed or maintain an established
business address in this State if the agency's activities in
this State are limited to collecting debts from debtors located
in this State by means of interstate communication, including
telephone, mail, or facsimile transmission, electronic mail,
or any other Internet communication from the agency's location
in another state provided they are licensed in that state and
these same privileges are permitted in that licensed state to
agencies licensed in Illinois.
(Source: P.A. 88-363; 89-387, eff. 1-1-96.)

(225 ILCS 425/4.5)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice as a collection
agency without being licensed under this Act shall, in addition
to any other penalty provided by law, pay a civil penalty to
the Department in an amount not to exceed $10,000 $5,000 for
each offense as determined by the Department. The civil penalty
shall be assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to
investigate any and all unlicensed activity. In addition to
taking any other action provided under this Act, whenever the
Department has reason to believe a person, association,
partnership, corporation, or other legal entity has violated
any provision of subsection (a) of this Section, the Department
may issue a rule to show cause why an order to cease and desist
should not be entered against that person, association,
partnership, corporation, or other legal entity. The rule shall
clearly set forth the grounds relied upon by the Department and
shall provide a period of 7 days from the date of the rule to
file an answer to the satisfaction of the Department. Failure
to answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.

(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(d) All moneys collected under this Section shall be
deposited into the General Professions Dedicated Fund.
(Source: P.A. 94-414, eff. 12-31-05.)
(225 ILCS 425/5) (from Ch. 111, par. 2008)
(Section scheduled to be repealed on January 1, 2016)
Sec. 5. Application for original license. Application for
an original license registration shall be made to the Secretary
Director on forms provided by the Department, shall be
accompanied by the required fee and shall state:
(1) the applicant's name and address;
(2) the names and addresses of the officers of the
collection agency and, if the collection agency is a
corporation, the names and addresses of all persons owning
10% or more of the stock of such corporation, if the
collection agency is a partnership, the names and addresses
of all partners of the partnership holding a 10% or more
interest in the partnership, and, if the collection agency
is a limited liability company, the names and addresses of
all members holding 10% or more interest in the limited
liability company, and if the collection agency is any

other legal business entity, the names and addresses of all
persons owning 10% or more interest in the entity; and
(3) such other information as the Department may deem
necessary.
(Source: P.A. 94-414, eff. 12-31-05.)
(225 ILCS 425/7) (from Ch. 111, par. 2010)
(Section scheduled to be repealed on January 1, 2016)
Sec. 7. Qualifications for license. In order to be
qualified to obtain a license or a renewal license certificate
or a renewal certificate under this Act, a collection agency's
officers shall:
(a) be of good moral character and of the age of 18 years
or more;
(b) (blank); and have had at least one year experience
working in the credit field or a related area, or be qualified
for an original license under Section 6 (c) of this Act;
(c) have an acceptable credit rating, have no unsatisfied
judgments; and not have been officers and owners of 10% or more
interest of a former licensee or registrant under this Act
whose licenses or certificates were suspended or revoked
without subsequent reinstatement.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/8) (from Ch. 111, par. 2011)
(Section scheduled to be repealed on January 1, 2016)

Sec. 8. Bond requirement. A Before issuing a certificate or
renewing one, the Director shall require each collection agency
shall be required to file and maintain in force a surety bond,
issued by an insurance company authorized to transact fidelity
and surety business in the State of Illinois. The bond shall be
for the benefit of creditors who obtain a judgment from a court
of competent jurisdiction based on the failure of the agency to
remit money collected on account and owed to the creditor. No
action on the bond shall be commenced more than one year after
the creditor obtains a judgment against the collection agency
from a court of competent jurisdiction. The bond shall be in
the form prescribed by the Secretary Director in the sum of
$25,000. The bond shall be continuous in form and run
concurrently with the original and each renewal license period
unless terminated by the insurance company. An insurance
company may terminate a bond and avoid further liability by
filing a 60-day notice of termination with the Department and
at the same time sending the same notice to the agency. A
license certificate of registration shall be cancelled on the
termination date of the agency's bond unless a new bond is
filed with the Department to become effective at the
termination date of the prior bond. If a license certificate of
registration has been cancelled under this Section, the agency
must file a new application and will be considered a new
applicant if it obtains a new bond.
(Source: P.A. 84-242.)

(225 ILCS 425/8a) (from Ch. 111, par. 2011a)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8a. Fees.
(a) The Department shall provide by rule for a schedule of
fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration, shall be set by the Department by rule. The fees
shall be nonrefundable.
(b) All fees collected under this Act shall be deposited
into the General Professions Dedicated Fund and shall be
appropriated to the Department for the ordinary and contingent
expenses of the Department in the administration of this Act.
(Source: P.A. 91-454, eff. 1-1-00.)
(225 ILCS 425/8b) (from Ch. 111, par. 2011b)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8b. Assignment for collection. An account may be
assigned to a collection agency for collection with title
passing to the collection agency to enable collection of the
account in the agency's name as assignee for the creditor
provided:
(a) The assignment is manifested by a written agreement,
separate from and in addition to any document intended for the
purpose of listing a debt with a collection agency. The
document manifesting the assignment shall specifically state

and include:
(i) the effective date of the assignment; and
(ii) the consideration for the assignment.
(b) The consideration for the assignment may be paid or
given either before or after the effective date of the
assignment. The consideration may be contingent upon the
settlement or outcome of litigation and if the debt claim being
assigned has been listed with the collection agency as an
account for collection, the consideration for assignment may be
the same as the fee for collection.
(c) All assignments shall be voluntary and properly
executed and acknowledged by the corporate authority or
individual transferring title to the collection agency before
any action can be taken in the name of the collection agency.
(d) No assignment shall be required by any agreement to
list a debt with a collection agency as an account for
collection.
(e) No litigation shall commence in the name of the
licensee as plaintiff unless: (i) there is an assignment of the
account that satisfies the requirements of this Section and
(ii) the licensee is represented by a licensed attorney at law.
(f) If a collection agency takes assignments of accounts
from 2 or more creditors against the same debtor and commences
litigation against that debtor in a single action, in the name
of the collection agency, then (i) the complaint must be stated
in separate counts for each assignment and (ii) the debtor has

an absolute right to have any count severed from the rest of
the action.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/8c) (from Ch. 111, par. 2011c)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8c. (a) Each licensed collection agency office shall
at all times maintain a separate bank account in which all
monies received on debts claims shall be deposited, referred to
as a "Trust Account", except that negotiable instruments
received may be forwarded directly to a creditor if such
procedure is provided for by a writing executed by the
creditor. Monies received shall be so deposited within 5
business days after posting to the agency's books of account.
There shall be sufficient funds in the trust account at all
times to pay the creditors the amount due them.
(b) The trust account shall be established in a bank,
savings and loan association, or other recognized depository
which is federally or State insured or otherwise secured as
defined by rule. Such account may be interest bearing. The
licensee shall pay to the creditor interest earned on funds on
deposit after the sixtieth day.
(c) Notwithstanding any contractual arrangement, every
client of a licensee shall within 60 days after the close of
each calendar month, account and pay to the licensee collection
agency all sums owed to the collection agency for payments

received by the client during that calendar month on debts
claims in possession of the collection agency. If a client
fails to pay the licensee any sum due under this Section, the
licensee shall, in addition to other remedies provided by law,
have the right to offset any money due the licensee under this
Section against any moneys due the client.
(d) Each collection agency shall keep on file the name of
the bank, savings and loan association, or other recognized
depository in which each trust account is maintained, the name
of each trust account, and the names of the persons authorized
to withdraw funds from each account.
The collection agency, within 30 days of the time of a
change of depository or person authorized to make withdrawal,
shall update its files to reflect such change.
An examination and audit of an agency's trust accounts may
be made by the Department as the Department deems appropriate.
A trust account financial report shall be submitted
annually on forms provided by the Department.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/9) (from Ch. 111, par. 2012)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9. Disciplinary actions.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may

deem proper, including fines not to exceed $5,000 for a first
violation and not to exceed $10,000 per violation for a second
or subsequent violation, for any one or any combination of the
following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) (1) Violations of this Act or of the rules
promulgated hereunder.
(3) (2) Conviction by plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or by sentencing of any crime, including, but not
limited to, convictions, preceding sentences of
supervision, conditional discharge, or first offender
probation of the collection agency or any of the officers
or owners of more than 10% interest principals of the
agency of any crime under the laws of any U.S. jurisdiction
that (i) is a felony, (ii) is a misdemeanor, an essential
element of which is dishonesty, or (iii) is directly
related to the practice of a collection agency any U.S.
jurisdiction which is a felony, a misdemeanor an essential
element of which is dishonesty, or of any crime which
directly relates to the practice of the profession.
(4) Fraud or (3) Making any misrepresentation in
applying for, or procuring, a license under this Act or in
connection with applying for renewal of for the purpose of
obtaining a license under this Act or certificate.

(5) Aiding or assisting another person in violating any
provision of this Act or rules adopted under this Act.
(6) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(7) (4) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants or any other chemical agent
or drug which results in the inability to practice with
reasonable judgment, skill, or safety by any of the
officers or owners of 10% or more interest principals of a
collection agency.
(8) (5) Discipline by another state, the District of
Columbia, a territory of the United States, U.S.
jurisdiction or a foreign nation, if at least one of the
grounds for the discipline is the same or substantially
equivalent to those set forth in this Act.
(9) (6) A finding by the Department that the licensee,
after having his license placed on probationary status, has
violated the terms of probation.
(10) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or departments.
(11) (7) Practicing or attempting to practice under a
false or, except as provided by law, an assumed name a name
other than the name as shown on his or her license or any
other legally authorized name.
(12) (8) A finding by the Federal Trade Commission that

a licensee violated the federal Federal Fair Debt and
Collection Practices Act or its rules.
(13) (9) Failure to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue until such time as the requirements of any such tax
Act are satisfied.
(14) (10) Using or threatening to use force or violence
to cause physical harm to a debtor, his or her family or
his or her property.
(15) (11) Threatening to instigate an arrest or
criminal prosecution where no basis for a criminal
complaint lawfully exists.
(16) (12) Threatening the seizure, attachment or sale
of a debtor's property where such action can only be taken
pursuant to court order without disclosing that prior court
proceedings are required.
(17) (13) Disclosing or threatening to disclose
information adversely affecting a debtor's reputation for
credit worthiness with knowledge the information is false.
(18) (14) Initiating or threatening to initiate
communication with a debtor's employer unless there has
been a default of the payment of the obligation for at
least 30 days and at least 5 days prior written notice, to
the last known address of the debtor, of the intention to

communicate with the employer has been given to the
employee, except as expressly permitted by law or court
order.
(19) (15) Communicating with the debtor or any member
of the debtor's family at such a time of day or night and
with such frequency as to constitute harassment of the
debtor or any member of the debtor's family. For purposes
of this Section the following conduct shall constitute
harassment:
(A) Communicating with the debtor or any member of
his or her family in connection with the collection of
any debt without the prior consent of the debtor given
directly to the debt collector, or the express
permission of a court of competent jurisdiction, at any
unusual time or place or a time or place known or which
should be known to be inconvenient to the debtor. In
the absence of knowledge of circumstances to the
contrary, a debt collector shall assume that the
convenient time for communicating with a consumer is
after 8 o'clock a.m. and before 9 o'clock p.m. local
time at the debtor's location.
(B) The threat of publication or publication of a
list of consumers who allegedly refuse to pay debts,
except to a consumer reporting agency.
(C) The threat of advertisement or advertisement
for sale of any debt to coerce payment of the debt.

(D) Causing a telephone to ring or engaging any
person in telephone conversation repeatedly or
continuously with intent to annoy, abuse, or harass any
person at the called number.
(20) (16) Using profane, obscene or abusive language in
communicating with a debtor, his or her family or others.
(21) (17) Disclosing or threatening to disclose
information relating to a debtor's debt indebtedness to any
other person except where such other person has a
legitimate business need for the information or except
where such disclosure is permitted regulated by law.
(22) (18) Disclosing or threatening to disclose
information concerning the existence of a debt which the
collection agency debt collector knows to be reasonably
disputed by the debtor without disclosing the fact that the
debtor disputes the debt.
(23) (19) Engaging in any conduct that is which the
Director finds was intended to cause and did cause mental
or physical illness to the debtor or his or her family.
(24) (20) Attempting or threatening to enforce a right
or remedy with knowledge or reason to know that the right
or remedy does not exist.
(25) (21) Failing to disclose to the debtor or his or
her family the corporate, partnership or proprietary name,
or other trade or business name, under which the collection
agency debt collector is engaging in debt collections and

which he or she is legally authorized to use.
(26) (22) Using any form of communication which
simulates legal or judicial process or which gives the
appearance of being authorized, issued or approved by a
governmental agency or official or by an attorney at law
when it is not.
(27) (23) Using any badge, uniform, or other indicia of
any governmental agency or official except as authorized by
law.
(28) (24) Conducting business under any name or in any
manner which suggests or implies that the collection agency
a debt collector is bonded if such collector is or is a
branch of or is affiliated in with any way with a
governmental agency or court if such collection agency
collector is not.
(29) (25) Failing to disclose, at the time of making
any demand for payment, the name of the person to whom the
debt claim is owed and at the request of the debtor, the
address where payment is to be made and the address of the
person to whom the debt claim is owed.
(30) (26) Misrepresenting the amount of the claim or
debt alleged to be owed.
(31) (27) Representing that an existing debt may be
increased by the addition of attorney's fees,
investigation fees or any other fees or charges when such
fees or charges may not legally be added to the existing

debt.
(32) (28) Representing that the collection agency debt
collector is an attorney at law or an agent for an attorney
if he or she is not.
(33) (29) Collecting or attempting to collect any
interest or other charge or fee in excess of the actual
debt or claim unless such interest or other charge or fee
is expressly authorized by the agreement creating the debt
or claim unless expressly authorized by law or unless in a
commercial transaction such interest or other charge or fee
is expressly authorized in a subsequent agreement. If a
contingency or hourly fee arrangement (i) is established
under an agreement between a collection agency and a
creditor to collect a debt and (ii) is paid by a debtor
pursuant to a contract between the debtor and the creditor,
then that fee arrangement does not violate this Section
unless the fee is unreasonable. The Department shall
determine what constitutes a reasonable collection fee.
(34) (30) Communicating or threatening to communicate
with a debtor when the collection agency debt collector is
informed in writing by an attorney that the attorney
represents the debtor concerning the debt claim, unless
authorized by the attorney. If the attorney fails to
respond within a reasonable period of time, the collector
may communicate with the debtor. The collector may
communicate with the debtor when the attorney gives his or

her consent.
(35) (31) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(b) The Department shall deny any license or renewal
authorized by this Act to any person who has defaulted on an
educational loan guaranteed by the Illinois State Scholarship
Commission; however, the Department may issue a license or
renewal if the person in default has established a satisfactory
repayment record as determined by the Illinois State
Scholarship Commission.
No collection agency debt collector while collecting or
attempting to collect a debt shall engage in any of the Acts
specified in this Section, each of which shall be unlawful
practice.
(Source: P.A. 94-414, eff. 12-31-05.)
(225 ILCS 425/9.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9.1. Communication with persons other than debtor. Any
debt collector or collection agency communicating with any
person other than the debtor for the purpose of acquiring
location information about the debtor shall:
(1) identify himself or herself, state that he or she
is confirming or correcting location information
concerning the consumer, and, only if expressly requested,

identify his or her employer;
(2) not state that the consumer owes any debt;
(3) not communicate with any person more than once
unless requested to do so by the person or unless the debt
collector or collection agency reasonably believes that
the earlier response of the person is erroneous or
incomplete and that the person now has correct or complete
location information;
(4) not communicate by postcard;
(5) not use any language or symbol on any envelope or
in the contents of any communication effected by mail or
telegram that indicates that the debt collector or
collection agency is in the debt collection business or
that the communication relates to the collection of a debt;
and
(6) not communicate with any person other than the
attorney after the debt collector or collection agency
knows the debtor is represented by an attorney with regard
to the subject debt and has knowledge of or can readily
ascertain the attorney's name and address, not communicate
with any person other than the attorney, unless the
attorney fails to respond within a reasonable period of
time, not less than 30 days, to communication from the debt
collector or collection agency.
(Source: P.A. 95-437, eff. 1-1-08; 95-876, eff. 8-21-08.)

(225 ILCS 425/9.2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9.2. Communication in connection with debt
collection.
(a) Without the prior consent of the debtor given directly
to the debt collector or collection agency or the express
permission of a court of competent jurisdiction, a debt
collector or collection agency may not communicate with a
debtor in connection with the collection of any debt in any of
the following circumstances:
(1) At any unusual time, place, or manner that is known
or should be known to be inconvenient to the debtor. In the
absence of knowledge of circumstances to the contrary, a
debt collector or collection agency shall assume that the
convenient time for communicating with a debtor is after
8:00 8 o'clock a.m. and before 9:00 9 o'clock p.m. local
time at the debtor's location.
(2) If the debt collector or collection agency knows
the debtor is represented by an attorney with respect to
such debt and has knowledge of or can readily ascertain,
the attorney's name and address, unless the attorney fails
to respond within a reasonable period of time to a
communication from the debt collector or collection agency
or unless the attorney consents to direct communication
with the debtor.
(3) At the debtor's place of employment, if the debt

collector or collection agency knows or has reason to know
that the debtor's employer prohibits the debtor from
receiving such communication.
(b) Except as provided in Section 9.1 of this Act, without
the prior consent of the debtor given directly to the debt
collector or collection agency, or the express permission of a
court of competent jurisdiction, or as reasonably necessary to
effectuate a post judgment judicial remedy, a debt collector or
collection agency may not communicate, in connection with the
collection of any debt, with any person other than the debtor,
the debtor's attorney, a consumer reporting agency if otherwise
permitted by law, the creditor, the attorney of the creditor,
or the attorney of the collection agency.
(c) If a debtor notifies a debt collector or collection
agency in writing that the debtor refuses to pay a debt or that
the debtor wishes the debt collector or collection agency to
cease further communication with the debtor, the debt collector
or collection agency may not communicate further with the
debtor with respect to such debt, except to perform any of the
following tasks:
(1) Advise the debtor that the debt collector's or
collection agency's further efforts are being terminated.
(2) Notify the debtor that the collection agency or
creditor may invoke specified remedies that are ordinarily
invoked by such collection agency or creditor.
(3) Notify the debtor that the collection agency or

creditor intends to invoke a specified remedy.
If such notice from the debtor is made by mail,
notification shall be complete upon receipt.
(d) For the purposes of this Section, "debtor" includes the
debtor's spouse, parent (if the debtor is a minor), guardian,
executor, or administrator.
(Source: P.A. 95-437, eff. 1-1-08.)
(225 ILCS 425/9.3)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9.3. Validation of debts.
(a) Within 5 days after the initial communication with a
debtor in connection with the collection of any debt, a debt
collector or collection agency shall, unless the following
information is contained in the initial communication or the
debtor has paid the debt, send the debtor a written notice with
each of the following disclosures:
(1) The amount of the debt.
(2) The name of the creditor to whom the debt is owed.
(3) That, unless the debtor, within 30 days after
receipt of the notice, disputes the validity of the debt,
or any portion thereof, the debt will be assumed to be
valid by the debt collector or collection agency.
(4) That, if the debtor notifies the debt collector or
collection agency in writing within the 30-day period that
the debt, or any portion thereof, is disputed, the debt

collector or collection agency will obtain verification of
the debt or a copy of a judgment against the debtor and a
copy of the verification or judgment will be mailed to the
debtor by the debt collector or collection agency.
(5) The That upon the debtor's written request within
the 30-day period, the debt collector or collection agency
will provide the debtor with the name and address of the
original creditor, if different from the current creditor.
If the disclosures required under this subsection (a) are
placed on the back of the notice, the front of the notice
shall contain a statement notifying debtors of that fact.
(b) If the debtor notifies the debt collector or collection
agency in writing within the 30-day period set forth in
paragraph (3) of subsection (a) of this Section that the debt,
or any portion thereof, is disputed or that the debtor requests
the name and address of the original creditor, the debt
collector or collection agency shall cease collection of the
debt, or any disputed portion thereof, until the debt collector
or collection agency obtains verification of the debt or a copy
of a judgment or the name and address of the original creditor
and mails a copy of the verification or judgment or name and
address of the original creditor to the debtor.
(c) The failure of a debtor to dispute the validity of a
debt under this Section shall not be construed by any court as
an admission of liability by the debtor.
(Source: P.A. 95-437, eff. 1-1-08.)

(225 ILCS 425/9.4)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9.4. Debt collection as a result of identity theft.
(a) Upon receipt from a debtor of all of the following
information, a debt collector or collection agency must cease
collection activities until completion of the review provided
in subsection (d) of this Section:
(1) A copy of a police report filed by the debtor
alleging that the debtor is the victim of an identity theft
crime for the specific debt being collected by the
collection agency debt collector.
(2) The debtor's written statement that the debtor
claims to be the victim of identity theft with respect to
the specific debt being collected by the collection agency
debt collector, including (i) a Federal Trade Commission's
Affidavit of Identity Theft, (ii) an Illinois Attorney
General ID Theft Affidavit, or (iii) a written statement
that certifies that the representations are true, correct,
and contain no material omissions of fact to the best
knowledge and belief of the person submitting the
certification. This written statement must contain or be
accompanied by, each of the following, to the extent that
an item listed below is relevant to the debtor's allegation
of identity theft with respect to the debt in question:
(A) A statement that the debtor is a victim of

identity theft.
(B) A copy of the debtor's driver's license or
identification card, as issued by this State.
(C) Any other identification document that
supports the statement of identity theft.
(D) Specific facts supporting the claim of
identity theft, if available.
(E) Any explanation showing that the debtor did not
incur the debt.
(F) Any available correspondence disputing the
debt after transaction information has been provided
to the debtor.
(G) Documentation of the residence of the debtor at
the time of the alleged debt, which may include copies
of bills and statements, such as utility bills, tax
statements, or other statements from businesses sent
to the debtor and showing that the debtor lived at
another residence at the time the debt was incurred.
(H) A telephone number for contacting the debtor
concerning any additional information or questions or
direction that further communications to the debtor be
in writing only, with the mailing address specified in
the statement.
(I) To the extent the debtor has information
concerning who may have incurred the debt, the
identification of any person whom the debtor believes

is responsible.
(J) An express statement that the debtor did not
authorize the use of the debtor's name or personal
information for incurring the debt.
(b) A written certification submitted pursuant to item
(iii) of paragraph (2) of subsection (a) of this Section shall
be sufficient if it is in substantially the following form:
"I certify that the representations made are true, correct,
and contain no material omissions of fact known to me.
(Signature)
(Date)"
(c) If a debtor notifies a debt collector or collection
agency orally that he or she is a victim of identity theft, the
debt collector or collection agency shall notify the debtor
orally or in writing, that the debtor's claim must be in
writing. If a debtor notifies a debt collector or collection
agency in writing that he or she is a victim of identity theft,
but omits information required pursuant to this Section, and if
the debt collector or collection agency continues does not
cease collection activities, the debt collector or collection
agency must provide written notice to the debtor of the
additional information that is required or send the debtor a
copy of the Federal Trade Commission's Affidavit of Identity

Theft Affidavit form.
(d) Upon receipt of the complete statement and information
described in subsection (a) of this Section, the collection
agency debt collector shall review and consider all of the
information provided by the debtor and other information
available to the debt collector or collection agency in its
file or from the creditor. The debt collector or collection
agency may recommence debt collection activities only upon
making a good faith determination that the information does not
establish that the debtor is not responsible for the specific
debt in question. The debt collector or collection agency must
notify the debtor consumer in writing of that determination and
the basis for that determination before proceeding with any
further collection activities. The debt collector's or
collection agency's determination shall be based on all of the
information provided by the debtor and other information
available to the debt collector or collection agency in its
file or from the creditor.
(e) No inference or presumption that the debt is valid or
invalid or that the debtor is liable or not liable for the debt
may arise if the debt collector or collection agency decides
after the review described in subsection (d) to cease or
recommence the debt collection activities. The exercise or
non-exercise of rights under this Section is not a waiver of
any other right or defense of the debtor or collection agency
debt collector.

(f) A debt collector or collection agency that (i) ceases
collection activities under this Section, (ii) does not
recommence those collection activities, and (iii) furnishes
adverse information to a consumer credit reporting agency, must
notify the consumer credit reporting agency to delete that
adverse information.
(Source: P.A. 95-437, eff. 1-1-08.)
(225 ILCS 425/9.5)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9.5. Statute of limitations. No action may be filed
against any licensee registrant for violation of the terms of
this Act or its rules unless the action is commenced within 5
years after the occurrence of the alleged violation. A
continuing violation will be deemed to have occurred on the
date when the circumstances first existed which gave rise to
the alleged continuing violation.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/9.7)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9.7. Enforcement under the Consumer Fraud and
Deceptive Business Practices Act. The Attorney General may
enforce the knowing violation of Section 9 (except for items
(2) through (4), (7) through (9), (11) through (13), and (23)
(1) through (9) and (19) of subsection (a)), 9.1, 9.2, 9.3, or

9.4 of this Act as an unlawful practice under the Consumer
Fraud and Deceptive Business Practices Act.
(Source: P.A. 95-437, eff. 1-1-08.)
(225 ILCS 425/9.22) (from Ch. 111, par. 2034)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9.22. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that provides that at hearings the licensee has
the right to show compliance with all lawful requirements for
retention, continuation or renewal of the license is
specifically excluded. For the purposes of this Act the notice
required under Section 10-25 of the Administrative Procedure
Act is deemed sufficient when mailed to the last known address
of record of a party.
(Source: P.A. 88-45.)
(225 ILCS 425/11) (from Ch. 111, par. 2036)
(Section scheduled to be repealed on January 1, 2016)
Sec. 11. Informal conferences. Informal conferences shall
be conducted with at least one member of the Licensing and
Disciplinary Board in attendance. Notwithstanding any
provisions concerning the conduct of hearings and

recommendations for disciplinary actions, the Department has
the authority to negotiate agreements with licensees
registrants and applicants resulting in disciplinary or
non-disciplinary consent orders. The consent orders may
provide for any of the forms of discipline provided in this
Act. The consent orders shall provide that they were not
entered into as a result of any coercion by the Department.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/13.1) (from Ch. 111, par. 2038.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 13.1. Collection Agency Licensing and Disciplinary
Board; members; qualifications; duties.
(a) There is created in the Department the Collection
Agency Licensing and Disciplinary Board composed of 7 members
appointed by the Secretary Director. Five members of the Board
shall be employed in a collection agency licensed registered
under this Act and 2 members of the Board shall represent the
general public, and shall not be employed by or possess an
ownership interest in any collection agency licensed
registered under this Act, and shall have no family or business
connection with the practice of collection agencies.
(b) Each of the members appointed to the Board, except for
the public members, shall have at least 5 years of active
collection agency experience.
(c) The Board shall annually elect a chairperson chairman

from among its members and shall meet at least twice each year.
The members of the Board shall receive no compensation for
their services, but shall be reimbursed for their necessary
actual expenses as authorized by the Department while engaged
in incurred in the performance of their duties.
(d) Members shall serve for a term of 4 years and until
their successors are appointed and qualified. No Board member,
after the effective date of this amendatory Act of 1995, shall
be appointed to more than 2 full consecutive terms. A partial
term of more than 2 years shall be considered a full term The
initial terms created by this amendatory Act of 1995 shall
count as full terms for the purposes of reappointment to the
Board. Appointments to fill vacancies for the unexpired portion
of a vacated term shall be made in the same manner as original
appointments. All members shall serve until their successors
are appointed and qualified.
(e) The Secretary may remove any member of the Board for
cause at any time before the expiration of his or her term. The
Secretary shall be the sole arbiter of cause.
(f) The majority of the Board shall constitute a quorum. A
vacancy in the membership of the Board shall not impair the
right of a quorum to exercise all the duties of the Board.
(g) Members of the Board shall be immune from suit in any
action based upon disciplinary proceedings or other acts
performed in good faith as members of the Board.
The appointments of those Board members currently

appointed shall end upon the effective date of this amendatory
Act of 1995, and those Board members currently sitting at the
effective date of this amendatory Act of 1995, shall be
reappointed to the following terms by and in the discretion of
the Director:
(1) one member shall be appointed for one year;
(2) two members shall be appointed to serve 2 years;
(3) two members shall be appointed to serve 3 years;
and
(4) two members shall be appointed to serve for 4
years.
All members shall serve until their successors are appointed
and qualified.
The Board members appointed to terms by this amendatory Act
of 1995 shall be appointed as soon as possible after the
effective date of this amendatory Act of 1995.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/13.2) (from Ch. 111, par. 2038.2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 13.2. Powers and duties of Department. The Department
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
necessary for effectuating the purposes of this Act.
The Director shall promulgate rules consistent with the

provisions of this Act, for its administration and enforcement,
and may prescribe forms which shall be issued in connection
therewith. The rules shall include standards and criteria for
licensure and certification, and professional conduct and
discipline.
The Department shall consult with the Board in promulgating
rules.
Subject to the provisions of this Act, the Department may:
(1) Conduct hearings on proceedings to refuse to issue
or renew or to revoke licenses or suspend, place on
probation, or reprimand persons licensed under this Act.
(2) Formulate rules required for the administration of
this Act.
(3) Obtain written recommendations from the Board
regarding standards of professional conduct, formal
disciplinary actions and the formulation of rules
affecting these matters. Notice of proposed rulemaking
shall be transmitted to the Board and the Department shall
review the Board's responses and any recommendations made
therein. The Department shall notify the Board in writing
with explanations of deviations from the Board's
recommendations and responses. The Department may shall
solicit the advice of the Board on any matter relating to
the administration and enforcement of this Act.
(4) Maintain rosters of the names and addresses of all
licensees and all persons whose licenses have been

suspended, revoked, or denied renewal for cause within the
previous calendar year. These rosters shall be available
upon written request and payment of the required fee as
established by rule.
(Source: P.A. 86-615.)
(225 ILCS 425/14a) (from Ch. 111, par. 2039a)
(Section scheduled to be repealed on January 1, 2016)
Sec. 14a. Unlicensed practice; Injunctions. The practice
as a collection agency by any person entity not holding a valid
and current license under this Act is declared to be inimical
to the public welfare, to constitute a public nuisance, and to
cause irreparable harm to the public welfare. The Secretary
Director, the Attorney General, the State's Attorney of any
county in the State, or any person may maintain an action in
the name of the People of the State of Illinois, and may apply
for injunctive relief in any circuit court to enjoin such
entity from engaging in such practice. Upon the filing of a
verified petition in such court, the court, if satisfied by
affidavit or otherwise that such entity has been engaged in
such practice without a valid and current license, may enter a
temporary restraining order without notice or bond, enjoining
the defendant from such further practice. Only the showing of
non-licensure nonlicensure, by affidavit or otherwise, is
necessary in order for a temporary injunction to issue. A copy
of the verified complaint shall be served upon the defendant

and the proceedings shall thereafter be conducted as in other
civil cases except as modified by this Section. If it is
established that the defendant has been or is engaged in such
unlawful practice, the court may enter an order or judgment
perpetually enjoining the defendant from further practice. In
all proceedings hereunder, the court, in its discretion, may
apportion the costs among the parties interested in the action,
including cost of filing the complaint, service of process,
witness fees and expenses, court reporter charges and
reasonable attorneys' fees. In case of violation of any
injunctive order entered under the provisions of this Section,
the court may summarily try and punish the offender for
contempt of court. Such injunction proceedings shall be in
addition to, and not in lieu of, all penalties and other
remedies provided in this Act.
(Source: P.A. 86-615.)
(225 ILCS 425/14b) (from Ch. 111, par. 2039b)
(Section scheduled to be repealed on January 1, 2016)
Sec. 14b. Penalty of unlawful practice; Second and
subsequent offenses. Any entity that practices or offers to
practice as a collection agency in this State without being
licensed for that purpose, or whose license is has been
suspended, or revoked, or expired, or that violates any of the
provisions of this Act for which no specific penalty has been
provided herein, is guilty of a Class A misdemeanor.

Any entity that has been previously convicted under any of
the provisions of this Act and that subsequently violates any
of the provisions of this Act is guilty of a Class 4 felony. In
addition, whenever any entity is punished as a subsequent
offender under this Section, the Secretary Director shall
proceed to obtain a permanent injunction against such entity
under Section 14a of this Act.
(Source: P.A. 86-615.)
(225 ILCS 425/16)
(Section scheduled to be repealed on January 1, 2016)
Sec. 16. Investigation; notice and hearing. The Department
may investigate the actions or qualifications of any applicant
or of any person rendering or offering to render collection
agency services or any person or persons holding or claiming to
hold a license as a collection agency certificate of
registration. The Department shall, before refusing to issue or
renew, suspending or revoking, suspending, placing on
probation, reprimanding, or taking any other disciplinary
action under Section 9 of this Act any certificate of
registration, at least 30 days before the date set for the
hearing, (i) notify the accused in writing of the charges made
and the time and place for the hearing on the charges, (ii) of
the charges before the Board, direct him or her to file his or
her written answer thereto to the charges with the Department
under oath Board within 20 days after the service on him or her

of the notice, and (iii) inform the accused him or her that if
he or she fails to file an answer default will be taken against
him or her or and his or her license certificate of
registration may be suspended, or revoked, or placed on
probation, or other disciplinary action may be taken with
regard to the license, including limiting the scope, nature, or
extent of his or her practice, as the Department may consider
proper. This written notice may be served by personal delivery
or certified mail to the respondent at the address of his or
her last notification to the Department. In case the person
fails to file an answer after receiving notice, his or her
license or certificate may, in the discretion of the
Department, be suspended, revoked, or placed on probationary
status, or the Department may take whatever disciplinary action
is considered proper, including limiting the scope, nature, or
extent of the person's practice or the imposition of a fine,
without a hearing, if the act or acts charged constitute
sufficient grounds for such action under this Act. The written
answer shall be served by personal delivery, certified
delivery, or certified or registered mail to the Department. At
the time and place fixed in the notice, the Department shall
proceed to hear the charges. The parties or their counsel shall
be accorded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments as may be
pertinent to the charges or to the defense thereto. The
Department may continue the hearing from time to time Board

shall be notified and may attend. Nothing in this Section shall
be construed to require that a hearing be commenced and
completed in one day. At the discretion of the Secretary
Director, after having first received the recommendation of the
Board, the accused person's license certificate of
registration may be suspended or revoked, if the evidence
constitutes sufficient grounds for such action under this Act.
If the person fails to file an answer after receiving notice,
his or her license may, in the discretion of the Department, be
suspended, revoked, or placed on probation, or the Department
may take whatever disciplinary action it considers proper,
including limiting the scope, nature, or extent of the person's
practice or the imposition of a fine, without a hearing, if the
act or acts charged constitute sufficient grounds for such
action under this Act. This written notice may be served by
personal delivery or certified mail to the respondent at the
address of record.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/17)
(Section scheduled to be repealed on January 1, 2016)
Sec. 17. Record of hearing; transcript. The Department, at
its expense, shall preserve a record of all proceedings at the
formal hearing of any case. The notice of hearing, complaint,
all and other documents in the nature of pleadings, and written
motions filed in the proceedings, the transcript of testimony,

the report of the Board, and orders of the Department shall be
in the record of the proceedings. If the respondent orders from
the reporting service and pays for a transcript of the record
within the time for filing a motion for rehearing under Section
20, the 20 calendar day period within which a motion may be
filed shall commence upon the delivery of the transcript to the
respondent The Department shall furnish a transcript of the
record to any person interested in the hearing upon payment of
the fee required under Section 2105-115 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115).
(Source: P.A. 91-239, eff. 1-1-00.)
(225 ILCS 425/18)
(Section scheduled to be repealed on January 1, 2016)
Sec. 18. Subpoenas; oaths; attendance of witnesses.
(a) The Department has shall have the power to subpoena
documents, books, records, or other materials and to bring
before it any person and to take testimony either orally or by
deposition, or both, with the same fees and mileage and in the
same manner as prescribed in civil cases in the courts of this
State.
(b) The Secretary Director, the designated hearing
officer, and every member of the Board has shall have power to
administer oaths to witnesses at any hearing that the
Department is authorized to conduct and any other oaths
authorized in any Act administered by the Department.

(c) Any circuit court may, upon application of the
Department or designee or of the applicant or licensee ,
registrant, or person holding a certificate of registration
against whom proceedings under this Act are pending, enter an
order requiring the attendance of witnesses and their
testimony, and the production of documents, papers, files,
books, and records in connection with any hearing or
investigations. The court may compel obedience to its order by
proceedings for contempt.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/19)
(Section scheduled to be repealed on January 1, 2016)
Sec. 19. Findings and recommendations Board report. At the
conclusion of the hearing, the Board shall present to the
Secretary Director a written report of its findings of fact,
conclusions of law, and recommendations. The report shall
contain a finding whether or not the accused person violated
this Act or the rules adopted under this Act or failed to
comply with the conditions required in this Act or those rules.
The Board shall specify the nature of the violation or failure
to comply and shall make its recommendations to the Secretary
Director.
The report of findings of fact, conclusions of law, and
recommendation of the Board shall be the basis for the
Department's order for refusing to issue, restore, or renew a

license, or otherwise disciplining a licensee, refusal or for
the granting of a license certificate of registration. If the
Secretary Director disagrees in any regard with the report,
findings of fact, conclusions of law, and recommendations
report of the Board, the Secretary Director may issue an order
in contravention of the Board's recommendations report. The
Director shall provide a written report to the Board on any
deviation and shall specify with particularity the reasons for
that action in the final order. The finding is not admissible
in evidence against the person in a criminal prosecution
brought for the violation of this Act, but the hearing and
finding are is not a bar to a criminal prosecution brought for
the violation of this Act.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/20)
(Section scheduled to be repealed on January 1, 2016)
Sec. 20. Board; rehearing Motion for rehearing. At the
conclusion of the hearing In any hearing involving the
discipline of a registrant, a copy of the Board's report shall
be served upon the applicant or licensee respondent by the
Department, either personally or as provided in this Act for
the service of the notice of hearing. Within 20 calendar days
after the service, the applicant or licensee respondent may
present to the Department a motion in writing for a rehearing
which shall specify the particular grounds for rehearing. The

Department may respond to the motion for rehearing within 20
days after its service on the Department, and the applicant or
licensee may reply within 7 days thereafter. If no motion for
rehearing is filed, then upon the expiration of the time
specified for filing a motion, or if a motion for rehearing is
denied, then upon denial, the Secretary Director may enter an
order in accordance with the recommendations of the Board,
except as provided for in Section 19. If the applicant or
licensee respondent orders a transcript of the record from the
reporting service and pays for it within the time for filing a
motion for rehearing, the 20 calendar day period within which a
motion for rehearing may be filed shall commence upon the
delivery of the transcript to the applicant or licensee
respondent.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/21)
(Section scheduled to be repealed on January 1, 2016)
Sec. 21. Secretary; rehearing Rehearing. Whenever the
Secretary Director is not satisfied that substantial justice
has been done in the revocation, suspension, or refusal to
issue, restore, or renew a license, or other discipline of an
applicant or licensee a certificate of registration, the
Secretary Director may order a rehearing by the same or other
examiners.
(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/22)
(Section scheduled to be repealed on January 1, 2016)
Sec. 22. Appointment of a hearing Hearing officer. The
Secretary has Director shall have the authority to appoint any
attorney duly licensed to practice law in the State of Illinois
to serve as the hearing officer in any action for refusal to
issue, restore, or renew a license certificate of registration
or to discipline a licensee registrant or person holding a
certificate of registration. The hearing officer shall have
full authority to conduct the hearing. A Board member or
members may, but are not required to, attend hearings. The
hearing officer shall report his or her findings of fact,
conclusions of law, and recommendations to the Board and the
Director. The Board shall have 60 calendar days from receipt of
the report to review the report of the hearing officer and
present its findings of fact, conclusions of law, and
recommendations to the Secretary and to all parties to the
proceeding Director. If the Board fails to present its report
within the 60 calendar day period, the Director may issue an
order based on the report of the hearing officer. If the
Secretary Director disagrees with the recommendation of the
Board or of the hearing officer, the Secretary Director may
issue an order in contravention of the recommendation.
(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/23)
(Section scheduled to be repealed on January 1, 2016)
Sec. 23. Order or ; certified copy; prima facie proof. An
order or a certified copy thereof of an order, over the seal of
the Department and purporting to be signed by the Secretary
Director, shall be prima facie proof that of the following:
(1) That the signature is the genuine signature of the
Secretary; Director.
(2) That the Secretary Director is duly appointed and
qualified; and .
(3) That the Board and its the Board members are qualified
to act.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/24)
(Section scheduled to be repealed on January 1, 2016)
Sec. 24. Restoration of license from discipline
certificate of registration. At any time after the successful
completion of a term of indefinite probation, suspension, or
revocation of any license certificate of registration, the
Department may restore the license certificate of registration
to the licensee, accused person upon the written recommendation
of the Board, unless after an investigation and a hearing the
Secretary Board determines that restoration is not in the
public interest. No person whose license or authority has been
revoked as authorized in this Act may apply for restoration of

that license or authority until such time as provided for in
the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/25)
(Section scheduled to be repealed on January 1, 2016)
Sec. 25. Surrender of license certificate of registration.
Upon the revocation or suspension of any license, certificate
of registration the licensee registrant shall immediately
surrender the license certificate of registration to the
Department. If the licensee registrant fails to do so, the
Department shall have the right to seize the license
certificate of registration.
(Source: P.A. 89-387, eff. 1-1-96.)"; and
(225 ILCS 425/26)
(Section scheduled to be repealed on January 1, 2016)
Sec. 26. Administrative review; venue Review Law.
(a) All final administrative decisions of the Department
are subject to judicial review under the Administrative Review
Law and its rules. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides, but if the party is not a resident of Illinois

this State, the venue shall be in Sangamon County.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/27)
(Section scheduled to be repealed on January 1, 2016)
Sec. 27. Certifications Certification of record; costs
receipt. The Department shall not be required to certify any
record to the court or file any answer in court or otherwise
appear in any court in a judicial review proceeding, unless and
until there is filed in the court, with the complaint, a
receipt from the Department has received from the plaintiff
acknowledging payment of the costs of furnishing and certifying
the record, which costs shall be determined by the Department.
Failure on the part of the plaintiff to file a receipt in court
shall be grounds for dismissal of the action.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 425/30 new)
Sec. 30. Expiration, renewal, and restoration of license.
The expiration date and renewal period for each license shall
be set by rule. A collection agency whose license has expired
may reinstate its license at any time within 5 years after the
expiration thereof, by making a renewal application and by
paying the required fee.
However, any licensed collection agency whose license has
expired while the individual licensed or while a shareholder,

partner, or member owning 50% or more of the interest in the
collection agency whose license has expired while he or she was
(i) on active duty with the Armed Forces of the United States
or called into service or training by the State militia; or
(ii) in training or education under the supervision of the
United States preliminary to induction into the military
service, may have his or her license renewed, restored, or
reinstated without paying any lapsed renewal fee, restoration
fee, or reinstatement fee if, within 2 years after termination
of the service, training, or education, he or she furnishes the
Department with satisfactory evidence of service, training, or
education and it has been terminated under honorable
conditions.
Any collection agency whose license has expired for more
than 5 years may have it restored by applying to the
Department, paying the required fee, and filing acceptable
proof of fitness to have the license restored as set by rule.
(225 ILCS 425/35 new)
Sec. 35. Returned checks; fines. Any person who delivers a
check or other payment to the Department that is returned to
the Department unpaid by the financial institution upon which
it is drawn shall pay to the Department, in addition to the
amount already owed to the Department, a fine of $50. The 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 entity
that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of
the notification. If, after the expiration of 30 days from the
date of notification, the person has failed to submit the
necessary remittance, the Department shall automatically
terminate the license or deny the application, without hearing.
If, after the termination or denial, the entity seeks a
license, it shall apply to the Department for restoration or
issuance of the license and pay all fees and fines due to the
Department. The Department may establish a fee for the
processing of an application for restoration of a license to
pay all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases
where the Secretary finds that the fines would be unreasonable
or unnecessarily burdensome.
(225 ILCS 425/40 new)
Sec. 40. Unlicensed practice; cease and desist. Whenever,
in the opinion of the Department, a person violates any
provision of this Act, the Department may issue a rule to show
cause why an order to cease and desist should not be entered
against that person. The rule shall clearly set forth the
grounds relied upon by the Department and shall allow at least
7 days from the date of the rule to file an answer satisfactory
to the Department. Failure to answer to the satisfaction of the

Department shall cause an order to cease and desist to be
issued.
(225 ILCS 425/45 new)
Sec. 45. Summary suspension of license. The Secretary may
summarily suspend the license of a licensed collection agency
without a hearing, simultaneously with the institution of
proceedings for a hearing provided for in Section 16 of this
Act, if the Secretary finds that evidence in the Secretary's
possession indicates that the continuation of practice by a
licensed collection agency would constitute an imminent danger
to the public. In the event that the Secretary summarily
suspends the license of a licensed collection agency without a
hearing, a hearing must be commenced within 30 days after the
suspension has occurred and concluded as expeditiously as
practical.
(225 ILCS 425/50 new)
Sec. 50. Consent order. At any point in the proceedings as
provided in Sections 9.5, 11, 14a, 16, and 45, both parties may
agree to a negotiated consent order. The consent order shall be
final upon signature of the Secretary.
(225 ILCS 425/55 new)
Sec. 55. Confidentiality. All information collected by the
Department in the course of an examination or investigation of

a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed other than in the course of a formal
hearing as determined by the Department. The Department may not
disclose the information to anyone other than law enforcement
officials, other regulatory agencies that have an appropriate
regulatory interest as determined by the Secretary, or a party
presenting a lawful subpoena to the Department. Information and
documents disclosed to a federal, State, county, or local law
enforcement agency shall not be disclosed by the agency for any
purpose to any other agency or person. A formal complaint filed
against the licensee by the Department or any order issued by
the Department against a licensee or applicant shall be a
public record, except as otherwise prohibited by law.
(225 ILCS 425/6 rep.)
(225 ILCS 425/6a rep.)
(225 ILCS 425/10 rep.)
(225 ILCS 425/13 rep.)
(225 ILCS 425/13.3 rep.)
(225 ILCS 425/14 rep.)
Section 950. The Collection Agency Act is amended by
repealing Sections 6, 6a, 10, 13, 13.3, and 14.

Section 955. The Real Estate License Act of 2000 is amended
by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20, 5-26, 5-27,
5-28, 5-32, 5-35, 5-41, 5-50, 5-60, 5-70, 10-10, 10-15, 15-5,
20-10, 20-20, 20-21, 20-22, 20-85, 25-10, 25-25, 30-15, and
35-5 as follows:
(225 ILCS 454/1-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 1-10. Definitions. In this Act, unless the context
otherwise requires:
"Act" means the Real Estate License Act of 2000.
"Address of Record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
those changes must be made either through the Department's
website or by contacting the Department.
"Advisory Council" means the Real Estate Education
Advisory Council created under Section 30-10 of this Act.
"Agency" means a relationship in which a real estate broker
or licensee, whether directly or through an affiliated
licensee, represents a consumer by the consumer's consent,
whether express or implied, in a real property transaction.
"Applicant" means any person, as defined in this Section,
who applies to the Department for a valid license as a managing

real estate broker, broker real estate salesperson, or leasing
agent.
"Blind advertisement" means any real estate advertisement
that does not include the sponsoring broker's business name and
that is used by any licensee regarding the sale or lease of
real estate, including his or her own, licensed activities, or
the hiring of any licensee under this Act. The broker's
business name in the case of a franchise shall include the
franchise affiliation as well as the name of the individual
firm.
"Board" means the Real Estate Administration and
Disciplinary Board of the Department as created by Section
25-10 of this Act.
"Branch office" means a sponsoring broker's office other
than the sponsoring broker's principal office.
"Broker" means an individual, partnership, limited
liability company, corporation, or registered limited
liability partnership other than a real estate salesperson or
leasing agent who, whether in person or through any media or
technology, for another and for compensation, or with the
intention or expectation of receiving compensation, either
directly or indirectly:
(1) Sells, exchanges, purchases, rents, or leases real
estate.
(2) Offers to sell, exchange, purchase, rent, or lease
real estate.

(3) Negotiates, offers, attempts, or agrees to
negotiate the sale, exchange, purchase, rental, or leasing
of real estate.
(4) Lists, offers, attempts, or agrees to list real
estate for sale, rent, lease, or exchange.
(5) Buys, sells, offers to buy or sell, or otherwise
deals in options on real estate or improvements thereon.
(6) Supervises the collection, offer, attempt, or
agreement to collect rent for the use of real estate.
(7) Advertises or represents himself or herself as
being engaged in the business of buying, selling,
exchanging, renting, or leasing real estate.
(8) Assists or directs in procuring or referring of
leads or prospects, intended to result in the sale,
exchange, lease, or rental of real estate.
(9) Assists or directs in the negotiation of any
transaction intended to result in the sale, exchange,
lease, or rental of real estate.
(10) Opens real estate to the public for marketing
purposes.
(11) Sells, rents, leases, or offers for sale or lease
real estate at auction.
(12) Prepares or provides a broker price opinion or
comparative market analysis as those terms are defined in
this Act, pursuant to the provisions of Section 10-45 of
this Act.

"Brokerage agreement" means a written or oral agreement
between a sponsoring broker and a consumer for licensed
activities to be provided to a consumer in return for
compensation or the right to receive compensation from another.
Brokerage agreements may constitute either a bilateral or a
unilateral agreement between the broker and the broker's client
depending upon the content of the brokerage agreement. All
exclusive brokerage agreements shall be in writing.
"Broker price opinion" means an estimate or analysis of the
probable selling price of a particular interest in real estate,
which may provide a varying level of detail about the
property's condition, market, and neighborhood and information
on comparable sales. The activities of a real estate broker or
managing broker engaging in the ordinary course of business as
a broker, as defined in this Section, shall not be considered a
broker price opinion if no compensation is paid to the broker
or managing broker, other than compensation based upon the sale
or rental of real estate.
"Client" means a person who is being represented by a
licensee.
"Comparative market analysis" is an analysis or opinion
regarding pricing, marketing, or financial aspects relating to
a specified interest or interests in real estate that may be
based upon an analysis of comparative market data, the
expertise of the real estate broker or managing broker, and
such other factors as the broker or managing broker may deem

appropriate in developing or preparing such analysis or
opinion. The activities of a real estate broker or managing
broker engaging in the ordinary course of business as a broker,
as defined in this Section, shall not be considered a
comparative market analysis if no compensation is paid to the
broker or managing broker, other than compensation based upon
the sale or rental of real estate.
"Compensation" means the valuable consideration given by
one person or entity to another person or entity in exchange
for the performance of some activity or service. Compensation
shall include the transfer of valuable consideration,
including without limitation the following:
(1) commissions;
(2) referral fees;
(3) bonuses;
(4) prizes;
(5) merchandise;
(6) finder fees;
(7) performance of services;
(8) coupons or gift certificates;
(9) discounts;
(10) rebates;
(11) a chance to win a raffle, drawing, lottery, or
similar game of chance not prohibited by any other law or
statute;
(12) retainer fee; or

(13) salary.
"Confidential information" means information obtained by a
licensee from a client during the term of a brokerage agreement
that (i) was made confidential by the written request or
written instruction of the client, (ii) deals with the
negotiating position of the client, or (iii) is information the
disclosure of which could materially harm the negotiating
position of the client, unless at any time:
(1) the client permits the disclosure of information
given by that client by word or conduct;
(2) the disclosure is required by law; or
(3) the information becomes public from a source other
than the licensee.
"Confidential information" shall not be considered to
include material information about the physical condition of
the property.
"Consumer" means a person or entity seeking or receiving
licensed activities.
"Continuing education school" means any person licensed by
the Department as a school for continuing education in
accordance with Section 30-15 of this Act.
"Coordinator" means the Coordinator of Real Estate created
in Section 25-15 of this Act.
"Credit hour" means 50 minutes of classroom instruction in
course work that meets the requirements set forth in rules
adopted by the Department.

"Customer" means a consumer who is not being represented by
the licensee but for whom the licensee is performing
ministerial acts.
"Department" means the Department of Financial and
Professional Regulation.
"Designated agency" means a contractual relationship
between a sponsoring broker and a client under Section 15-50 of
this Act in which one or more licensees associated with or
employed by the broker are designated as agent of the client.
"Designated agent" means a sponsored licensee named by a
sponsoring broker as the legal agent of a client, as provided
for in Section 15-50 of this Act.
"Dual agency" means an agency relationship in which a
licensee is representing both buyer and seller or both landlord
and tenant in the same transaction. When the agency
relationship is a designated agency, the question of whether
there is a dual agency shall be determined by the agency
relationships of the designated agent of the parties and not of
the sponsoring broker.
"Employee" or other derivative of the word "employee", when
used to refer to, describe, or delineate the relationship
between a sponsoring real estate broker and a managing broker,
a real estate salesperson, another real estate broker, or a
leasing agent, shall be construed to include an independent
contractor relationship, provided that a written agreement
exists that clearly establishes and states the relationship.

All responsibilities of a broker shall remain.
"Escrow moneys" means all moneys, promissory notes or any
other type or manner of legal tender or financial consideration
deposited with any person for the benefit of the parties to the
transaction. A transaction exists once an agreement has been
reached and an accepted real estate contract signed or lease
agreed to by the parties. Escrow moneys includes without
limitation earnest moneys and security deposits, except those
security deposits in which the person holding the security
deposit is also the sole owner of the property being leased and
for which the security deposit is being held.
"Electronic means of proctoring" means a methodology
providing assurance that the person taking a test and
completing the answers to questions is the person seeking
licensure or credit for continuing education and is doing so
without the aid of a third party or other device.
"Exclusive brokerage agreement" means a written brokerage
agreement that provides that the sponsoring broker has the sole
right, through one or more sponsored licensees, to act as the
exclusive designated agent or representative of the client and
that meets the requirements of Section 15-75 of this Act.
"Inoperative" means a status of licensure where the
licensee holds a current license under this Act, but the
licensee is prohibited from engaging in licensed activities
because the licensee is unsponsored or the license of the
sponsoring broker with whom the licensee is associated or by

whom he or she is employed is currently expired, revoked,
suspended, or otherwise rendered invalid under this Act.
"Interactive delivery method" means delivery of a course by
an instructor through a medium allowing for 2-way communication
between the instructor and a student in which either can
initiate or respond to questions.
"Leads" means the name or names of a potential buyer,
seller, lessor, lessee, or client of a licensee.
"Leasing Agent" means a person who is employed by a real
estate broker to engage in licensed activities limited to
leasing residential real estate who has obtained a license as
provided for in Section 5-5 of this Act.
"License" means the document issued by the Department
certifying that the person named thereon has fulfilled all
requirements prerequisite to licensure under this Act.
"Licensed activities" means those activities listed in the
definition of "broker" under this Section.
"Licensee" means any person, as defined in this Section,
who holds a valid unexpired license as a managing real estate
broker, broker real estate salesperson, or leasing agent.
"Listing presentation" means a communication between a
managing real estate broker or broker salesperson and a
consumer in which the licensee is attempting to secure a
brokerage agreement with the consumer to market the consumer's
real estate for sale or lease.
"Managing broker" means a broker who has supervisory

responsibilities for licensees in one or, in the case of a
multi-office company, more than one office and who has been
appointed as such by the sponsoring broker.
"Medium of advertising" means any method of communication
intended to influence the general public to use or purchase a
particular good or service or real estate.
"Ministerial acts" means those acts that a licensee may
perform for a consumer that are informative or clerical in
nature and do not rise to the level of active representation on
behalf of a consumer. Examples of these acts include without
limitation (i) responding to phone inquiries by consumers as to
the availability and pricing of brokerage services, (ii)
responding to phone inquiries from a consumer concerning the
price or location of property, (iii) attending an open house
and responding to questions about the property from a consumer,
(iv) setting an appointment to view property, (v) responding to
questions of consumers walking into a licensee's office
concerning brokerage services offered or particular
properties, (vi) accompanying an appraiser, inspector,
contractor, or similar third party on a visit to a property,
(vii) describing a property or the property's condition in
response to a consumer's inquiry, (viii) completing business or
factual information for a consumer on an offer or contract to
purchase on behalf of a client, (ix) showing a client through a
property being sold by an owner on his or her own behalf, or
(x) referral to another broker or service provider.

"Office" means a real estate broker's place of business
where the general public is invited to transact business and
where records may be maintained and licenses displayed, whether
or not it is the broker's principal place of business.
"Person" means and includes individuals, entities,
corporations, limited liability companies, registered limited
liability partnerships, and partnerships, foreign or domestic,
except that when the context otherwise requires, the term may
refer to a single individual or other described entity.
"Personal assistant" means a licensed or unlicensed person
who has been hired for the purpose of aiding or assisting a
sponsored licensee in the performance of the sponsored
licensee's job.
"Pocket card" means the card issued by the Department to
signify that the person named on the card is currently licensed
under this Act.
"Pre-license school" means a school licensed by the
Department offering courses in subjects related to real estate
transactions, including the subjects upon which an applicant is
examined in determining fitness to receive a license.
"Pre-renewal period" means the period between the date of
issue of a currently valid license and the license's expiration
date.
"Proctor" means any person, including, but not limited to,
an instructor, who has a written agreement to administer
examinations fairly and impartially with a licensed

pre-license school or a licensed continuing education school.
"Real estate" means and includes leaseholds as well as any
other interest or estate in land, whether corporeal,
incorporeal, freehold, or non-freehold, including timeshare
interests, and whether the real estate is situated in this
State or elsewhere.
"Regular employee" means a person working an average of 20
hours per week for a person or entity who would be considered
as an employee under the Internal Revenue Service eleven main
tests in three categories being behavioral control, financial
control and the type of relationship of the parties, formerly
the twenty factor test.
"Salesperson" means any individual, other than a real
estate broker or leasing agent, who is employed by a real
estate broker or is associated by written agreement with a real
estate broker as an independent contractor and participates in
any activity described in the definition of "broker" under this
Section.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation, or a person authorized
by the Secretary to act in the Secretary's stead.
"Sponsoring broker" means the broker who has issued a
sponsor card to a licensed managing broker salesperson, another
licensed broker, or a leasing agent.
"Sponsor card" means the temporary permit issued by the
sponsoring real estate broker certifying that the managing real

estate broker, broker real estate salesperson, or leasing agent
named thereon is employed by or associated by written agreement
with the sponsoring real estate broker, as provided for in
Section 5-40 of this Act.
(Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15.)
(225 ILCS 454/5-5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-5. Leasing agent license.
(a) The purpose of this Section is to provide for a limited
scope license to enable persons who wish to engage in
activities limited to the leasing of residential real property
for which a license is required under this Act, and only those
activities, to do so by obtaining the license provided for
under this Section.
(b) Notwithstanding the other provisions of this Act, there
is hereby created a leasing agent license that shall enable the
licensee to engage only in residential leasing activities for
which a license is required under this Act. Such activities
include without limitation leasing or renting residential real
property, or attempting, offering, or negotiating to lease or
rent residential real property, or supervising the collection,
offer, attempt, or agreement to collect rent for the use of
residential real property. Nothing in this Section shall be
construed to require a licensed managing real estate broker or
broker salesperson to obtain a leasing agent license in order

to perform leasing activities for which a license is required
under this Act. Licensed leasing agents must be sponsored and
employed by a sponsoring broker.
(c) The Department, by rule shall provide for the licensing
of leasing agents, including the issuance, renewal, and
administration of licenses.
(d) Notwithstanding any other provisions of this Act to the
contrary, a person may engage in residential leasing activities
for which a license is required under this Act, for a period of
120 consecutive days without being licensed, so long as the
person is acting under the supervision of a sponsoring licensed
real estate broker and the sponsoring broker has notified the
Department that the person is pursuing licensure under this
Section. During the 120 day period all requirements of Sections
5-10 and 5-65 of this Act with respect to education, successful
completion of an examination, and the payment of all required
fees must be satisfied. The Department may adopt rules to
ensure that the provisions of this subsection are not used in a
manner that enables an unlicensed person to repeatedly or
continually engage in activities for which a license is
required under this Act.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/5-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-10. Requirements for license as leasing agent.

(a) Every applicant for licensure as a leasing agent must
meet the following qualifications:
(1) be at least 18 years of age;
(2) be of good moral character;
(3) successfully complete a 4-year course of study in a
high school or secondary school or an equivalent course of
study approved by the Illinois State Board of Education;
(4) personally take and pass a written examination
authorized by the Department sufficient to demonstrate the
applicant's knowledge of the provisions of this Act
relating to leasing agents and the applicant's competence
to engage in the activities of a licensed leasing agent;
(5) provide satisfactory evidence of having completed
15 hours of instruction in an approved course of study
relating to the leasing of residential real property. The
course of study shall, among other topics, cover the
provisions of this Act applicable to leasing agents; fair
housing issues relating to residential leasing;
advertising and marketing issues; leases, applications,
and credit reports; owner-tenant relationships and
owner-tenant laws; the handling of funds; and
environmental issues relating to residential real
property;
(6) complete any other requirements as set forth by
rule; and
(7) present a valid application for issuance of an

initial license accompanied by a sponsor card and the fees
specified by rule.
(b) No applicant shall engage in any of the activities
covered by this Act until a valid sponsor card has been issued
to such applicant. The sponsor card shall be valid for a
maximum period of 45 days after the date of issuance unless
extended for good cause as provided by rule.
(c) Successfully completed course work, completed pursuant
to the requirements of this Section, may be applied to the
course work requirements to obtain a managing real estate
broker's or broker's salesperson's license as provided by rule.
The Advisory Council may recommend through the Board to the
Department and the Department may adopt requirements for
approved courses, course content, and the approval of courses,
instructors, and schools, as well as school and instructor
fees. The Department may establish continuing education
requirements for licensed leasing agents, by rule, with the
advice of the Advisory Council and Board.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/5-15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-15. Necessity of managing broker, broker,
salesperson, or leasing agent license or sponsor card;
ownership restrictions.
(a) It is unlawful for any person, corporation, limited

liability company, registered limited liability partnership,
or partnership to act as a managing broker, real estate broker,
real estate salesperson, or leasing agent or to advertise or
assume to act as such managing broker, broker, salesperson, or
leasing agent without a properly issued sponsor card or a
license issued under this Act by the Department, either
directly or through its authorized designee.
(b) No corporation shall be granted a license or engage in
the business or capacity, either directly or indirectly, of a
real estate broker, unless every officer of the corporation who
actively participates in the real estate activities of the
corporation holds a license as a managing broker or broker and
unless every employee who acts as a managing broker, broker,
salesperson, or leasing agent for the corporation holds a
license as a managing broker, broker, salesperson, or leasing
agent.
(c) No partnership shall be granted a license or engage in
the business or serve in the capacity, either directly or
indirectly, of a real estate broker, unless every general
partner in the partnership holds a license as a managing broker
or broker and unless every employee who acts as a managing
broker, broker, salesperson or leasing agent for the
partnership holds a license as a managing broker, broker,
salesperson, or leasing agent. In the case of a registered
limited liability partnership (LLP), every partner in the LLP
must hold a license as a managing broker or broker and every

employee who acts as a managing broker, broker, salesperson or
leasing agent must hold a license as a managing broker, broker,
salesperson, or leasing agent.
(d) No limited liability company shall be granted a license
or engage in the business or serve in the capacity, either
directly or indirectly, of a broker unless every manager in the
limited liability company or every member in a member managed
limited liability company holds a license as a managing broker
or broker and unless every other member and employee who acts
as a managing broker, broker, salesperson or leasing agent for
the limited liability company holds a license as a managing
broker, broker, salesperson, or leasing agent.
(e) No partnership, limited liability company, or
corporation shall be licensed to conduct a brokerage business
where an individual salesperson or leasing agent, or group of
salespersons or leasing agents, owns or directly or indirectly
controls more than 49% of the shares of stock or other
ownership in the partnership, limited liability company, or
corporation.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/5-20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-20. Exemptions from managing broker, broker,
salesperson, or leasing agent license requirement. The
requirement for holding a license under this Article 5 shall

not apply to:
(1) Any person, partnership, or corporation that as
owner or lessor performs any of the acts described in the
definition of "broker" under Section 1-10 of this Act with
reference to property owned or leased by it, or to the
regular employees thereof with respect to the property so
owned or leased, where such acts are performed in the
regular course of or as an incident to the management,
sale, or other disposition of such property and the
investment therein, provided that such regular employees
do not perform any of the acts described in the definition
of "broker" under Section 1-10 of this Act in connection
with a vocation of selling or leasing any real estate or
the improvements thereon not so owned or leased.
(2) An attorney in fact acting under a duly executed
and recorded power of attorney to convey real estate from
the owner or lessor or the services rendered by an attorney
at law in the performance of the attorney's duty as an
attorney at law.
(3) Any person acting as receiver, trustee in
bankruptcy, administrator, executor, or guardian or while
acting under a court order or under the authority of a will
or testamentary trust.
(4) Any person acting as a resident manager for the
owner or any employee acting as the resident manager for a
broker managing an apartment building, duplex, or

apartment complex, when the resident manager resides on the
premises, the premises is his or her primary residence, and
the resident manager is engaged in the leasing of the
property of which he or she is the resident manager.
(5) Any officer or employee of a federal agency in the
conduct of official duties.
(6) Any officer or employee of the State government or
any political subdivision thereof performing official
duties.
(7) Any multiple listing service or other similar
information exchange that is engaged in the collection and
dissemination of information concerning real estate
available for sale, purchase, lease, or exchange for the
purpose of providing licensees with a system by which
licensees may cooperatively share information along with
which no other licensed activities, as defined in Section
1-10 of this Act, are provided.
(8) Railroads and other public utilities regulated by
the State of Illinois, or the officers or full time
employees thereof, unless the performance of any licensed
activities is in connection with the sale, purchase, lease,
or other disposition of real estate or investment therein
not needing the approval of the appropriate State
regulatory authority.
(9) Any medium of advertising in the routine course of
selling or publishing advertising along with which no other

licensed activities, as defined in Section 1-10 of this
Act, are provided.
(10) Any resident lessee of a residential dwelling unit
who refers for compensation to the owner of the dwelling
unit, or to the owner's agent, prospective lessees of
dwelling units in the same building or complex as the
resident lessee's unit, but only if the resident lessee (i)
refers no more than 3 prospective lessees in any 12-month
period, (ii) receives compensation of no more than $1,500
or the equivalent of one month's rent, whichever is less,
in any 12-month period, and (iii) limits his or her
activities to referring prospective lessees to the owner,
or the owner's agent, and does not show a residential
dwelling unit to a prospective lessee, discuss terms or
conditions of leasing a dwelling unit with a prospective
lessee, or otherwise participate in the negotiation of the
leasing of a dwelling unit.
(11) An exchange company registered under the Real
Estate Timeshare Act of 1999 and the regular employees of
that registered exchange company but only when conducting
an exchange program as defined in that Act.
(12) An existing timeshare owner who, for
compensation, refers prospective purchasers, but only if
the existing timeshare owner (i) refers no more than 20
prospective purchasers in any calendar year, (ii) receives
no more than $1,000, or its equivalent, for referrals in

any calendar year and (iii) limits his or her activities to
referring prospective purchasers of timeshare interests to
the developer or the developer's employees or agents, and
does not show, discuss terms or conditions of purchase or
otherwise participate in negotiations with regard to
timeshare interests.
(13) Any person who is licensed without examination
under Section 10-25 (now repealed) of the Auction License
Act is exempt from holding a managing broker's or broker's
salesperson's license under this Act for the limited
purpose of selling or leasing real estate at auction, so
long as:
(A) that person has made application for said
exemption by July 1, 2000;
(B) that person verifies to the Department that he
or she has sold real estate at auction for a period of
5 years prior to licensure as an auctioneer;
(C) the person has had no lapse in his or her
license as an auctioneer; and
(D) the license issued under the Auction License
Act has not been disciplined for violation of those
provisions of Article 20 of the Auction License Act
dealing with or related to the sale or lease of real
estate at auction.
(14) A person who holds a valid license under the
Auction License Act and a valid real estate auction

certification and conducts auctions for the sale of real
estate under Section 5-32 of this Act.
(15) A hotel operator who is registered with the
Illinois Department of Revenue and pays taxes under the
Hotel Operators' Occupation Tax Act and rents a room or
rooms in a hotel as defined in the Hotel Operators'
Occupation Tax Act for a period of not more than 30
consecutive days and not more than 60 days in a calendar
year.
(Source: P.A. 98-553, eff. 1-1-14.)
(225 ILCS 454/5-26)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-26. License Requirements for license as a
salesperson.
(a) Every applicant for licensure as a salesperson must
meet the following qualifications:
(1) Be at least 21 years of age. The minimum age of 21
years shall be waived for any person seeking a license as a
real estate salesperson who has attained the age of 18 and
can provide evidence of the successful completion of at
least 4 semesters of post-secondary school study as a
full-time student or the equivalent, with major emphasis on
real estate courses, in a school approved by the
Department;
(2) Be of good moral character;

(3) Successfully complete a 4-year course of study in a
high school or secondary school approved by the Illinois
State Board of Education or an equivalent course of study
as determined by an examination conducted by the Illinois
State Board of Education, which shall be verified under
oath by the applicant;
(4) Provide satisfactory evidence of having completed
at least 45 hours of instruction in real estate courses
approved by the Advisory Council, except applicants who are
currently admitted to practice law by the Supreme Court of
Illinois and are currently in active standing;
(5) Personally take and pass a written examination
authorized by the Department; and
(6) Present a valid application for issuance of a
license accompanied by a sponsor card and the fees
specified by rule.
(b) No applicant shall engage in any of the activities
covered by this Act until a valid sponsor card has been issued
to the applicant. The sponsor card shall be valid for a maximum
period of 45 days after the date of issuance unless extended
for good cause as provided by rule.
(c) All licenses should be readily available to the public
at their sponsoring place of business.
(d) No new salesperson licenses shall be issued after April
30, 2011 and all existing salesperson licenses shall terminate
on May 1, 2012.

(Source: P.A. 96-856, eff. 12-31-09; 97-333, eff. 8-12-11.)
(225 ILCS 454/5-27)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-27. Requirements for licensure as a broker.
(a) Every applicant for licensure as a broker must meet the
following qualifications:
(1) Be at least 21 years of age. After April 30, 2011,
the minimum age of 21 years shall be waived for any person
seeking a license as a broker who has attained the age of
18 and can provide evidence of the successful completion of
at least 4 semesters of post-secondary school study as a
full-time student or the equivalent, with major emphasis on
real estate courses, in a school approved by the
Department;
(2) Be of good moral character;
(3) Successfully complete a 4-year course of study in a
high school or secondary school approved by the Illinois
State Board of Education or an equivalent course of study
as determined by an examination conducted by the Illinois
State Board of Education which shall be verified under oath
by the applicant;
(4) (Blank); Prior to May 1, 2011, provide (i)
satisfactory evidence of having completed at least 120
classroom hours, 45 of which shall be those hours required
to obtain a salesperson's license plus 15 hours in

brokerage administration courses, in real estate courses
approved by the Advisory Council or (ii) for applicants who
currently hold a valid real estate salesperson's license,
give satisfactory evidence of having completed at least 75
hours in real estate courses, not including the courses
that are required to obtain a salesperson's license,
approved by the Advisory Council;
(5) After April 30, 2011, provide satisfactory
evidence of having completed 90 hours of instruction in
real estate courses approved by the Advisory Council, 15
hours of which must consist of situational and case studies
presented in the classroom or by other interactive delivery
method between the instructor and the students;
(6) Personally take and pass a written examination
authorized by the Department;
(7) Present a valid application for issuance of a
license accompanied by a sponsor card and the fees
specified by rule.
(b) The requirements specified in items (3) (4) and (5) of
subsection (a) of this Section do not apply to applicants who
are currently admitted to practice law by the Supreme Court of
Illinois and are currently in active standing.
(c) No applicant shall engage in any of the activities
covered by this Act until a valid sponsor card has been issued
to such applicant. The sponsor card shall be valid for a
maximum period of 45 days after the date of issuance unless

extended for good cause as provided by rule.
(d) All licenses should be readily available to the public
at their place of business.
(e) An individual holding an active license as a managing
broker may return the license to the Department along with a
form provided by the Department and shall be issued a broker's
license in exchange. Any individual obtaining a broker's
license under this subsection (e) shall be considered as having
obtained a broker's license by education and passing the
required test and shall be treated as such in determining
compliance with this Act.
(Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15.)
(225 ILCS 454/5-28)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-28. Requirements for licensure as a managing broker.
(a) Effective May 1, 2012, every applicant for licensure as
a managing broker must meet the following qualifications:
(1) be at least 21 years of age;
(2) be of good moral character;
(3) have been licensed at least 2 out of the preceding
3 years as a real estate broker or salesperson;
(4) successfully complete a 4-year course of study in
high school or secondary school approved by the Illinois
State Board of Education or an equivalent course of study
as determined by an examination conducted by the Illinois

State Board of Education, which shall be verified under
oath by the applicant;
(5) provide satisfactory evidence of having completed
at least 165 hours, 120 of which shall be those hours
required pre and post-licensure to obtain a broker's
license, and 45 additional hours completed within the year
immediately preceding the filing of an application for a
managing broker's license, which hours shall focus on
brokerage administration and management and include at
least 15 hours in the classroom or by other interactive
delivery method between the instructor and the students;
(6) personally take and pass a written examination
authorized by the Department; and
(7) present a valid application for issuance of a
license accompanied by a sponsor card, an appointment as a
managing broker, and the fees specified by rule.
(b) The requirements specified in item (5) of subsection
(a) of this Section do not apply to applicants who are
currently admitted to practice law by the Supreme Court of
Illinois and are currently in active standing.
(c) No applicant shall act as a managing broker for more
than 90 days after an appointment as a managing broker has been
filed with the Department without obtaining a managing broker's
license.
(Source: P.A. 98-531, eff. 8-23-13.)

(225 ILCS 454/5-32)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-32. Real estate auction certification.
(a) An auctioneer licensed under the Auction License Act
who does not possess a valid and active broker's or managing
broker's license under this Act, or who is not otherwise exempt
from licensure, may not engage in the practice of auctioning
real estate, except as provided in this Section.
(b) The Department shall issue a real estate auction
certification to applicants who:
(1) possess a valid auctioneer's license under the
Auction License Act;
(2) successfully complete a real estate auction course
of at least 30 hours approved by the Department, which
shall cover the scope of activities that may be engaged in
by a person holding a real estate auction certification and
the activities for which a person must hold a real estate
license, as well as other material as provided by the
Department;
(3) provide documentation of the completion of the real
estate auction course; and
(4) successfully complete any other reasonable
requirements as provided by rule.
(c) The auctioneer's role shall be limited to establishing
the time, place, and method of the real estate auction, placing
advertisements regarding the auction, and crying or calling the

auction; any other real estate brokerage activities must be
performed by a person holding a valid and active real estate
broker's or managing broker's license under the provisions of
this Act or by a person who is exempt from holding a license
under paragraph (13) of Section 5-20 who has a certificate
under this Section.
(d) An auctioneer who conducts any real estate auction
activities in violation of this Section is guilty of unlicensed
practice under Section 20-10 of this Act.
(e) The Department may revoke, suspend, or otherwise
discipline the real estate auction certification of an
auctioneer who is adjudicated to be in violation of the
provisions of this Section or Section 20-15 of the Auction
License Act.
(f) Advertising for the real estate auction must contain
the name and address of the licensed real estate broker,
managing broker, or a licensed auctioneer under paragraph (13)
of Section 5-20 of this Act who is providing brokerage services
for the transaction.
(g) The requirement to hold a real estate auction
certification shall not apply to a person exempt from this Act
under the provisions of paragraph (13) of Section 5-20 of this
Act, unless that person is performing licensed activities in a
transaction in which a licensed auctioneer with a real estate
certification is providing the limited services provided for in
subsection (c) of this Section.

(h) Nothing in this Section shall require a person licensed
under this Act as a real estate broker or managing broker to
obtain a real estate auction certification in order to auction
real estate.
(i) The Department may adopt rules to implement this
Section.
(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14.)
(225 ILCS 454/5-35)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-35. Examination; managing broker, broker,
salesperson, or leasing agent.
(a) The Department shall authorize examinations at such
times and places as it may designate. The examination shall be
of a character to give a fair test of the qualifications of the
applicant to practice as a managing broker, broker,
salesperson, or leasing agent. Applicants for examination as a
managing broker, broker, salesperson, or leasing agent shall be
required to pay, either to the Department or the designated
testing service, a fee covering the cost of providing the
examination. Failure to appear for the examination on the
scheduled date, at the time and place specified, after the
applicant's application for examination has been received and
acknowledged by the Department or the designated testing
service, shall result in the forfeiture of the examination fee.
An applicant shall be eligible to take the examination only

after successfully completing the education requirements and
attaining the minimum age provided for in Article 5 of this
Act. Each applicant shall be required to establish compliance
with the eligibility requirements in the manner provided by the
rules promulgated for the administration of this Act.
(b) If a person who has received a passing score on the
written examination described in this Section fails to file an
application and meet all requirements for a license under this
Act within one year after receiving a passing score on the
examination, credit for the examination shall terminate. The
person thereafter may make a new application for examination.
(c) If an applicant has failed an examination 4 times, the
applicant must repeat the pre-license education required to sit
for the examination. For the purposes of this Section, the
fifth attempt shall be the same as the first. Approved
education, as prescribed by this Act for licensure as a
managing broker, salesperson or broker, or leasing agent, shall
be valid for 4 years after the date of satisfactory completion
of the education.
(d) The Department may employ consultants for the purposes
of preparing and conducting examinations.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/5-41)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-41. Change of address. A licensee shall notify the

Department of the address or addresses, and of every change of
address, where the licensee practices as a leasing agent,
salesperson, broker or managing broker.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/5-50)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-50. Expiration and renewal of managing broker,
broker, salesperson, or leasing agent license; sponsoring
broker; register of licensees; pocket card.
(a) The expiration date and renewal period for each license
issued under this Act shall be set by rule, except that the
first renewal period ending after the effective date of this
Act for those licensed as a salesperson shall be extended
through April 30, 2012. Except as otherwise provided in this
Section, the holder of a license may renew the license within
90 days preceding the expiration date thereof by completing the
continuing education required by this Act and paying the fees
specified by rule.
(b) An individual whose first license is that of a broker
received after April 30, 2011, must provide evidence of having
completed 30 hours of post-license education in courses
approved by the Advisory Council, 15 hours of which must
consist of situational and case studies presented in the
classroom or by other interactive delivery method between the
instructor and the students, and personally take and pass an

examination approved by the Department prior to the first
renewal of their broker's license.
(c) Any salesperson until April 30, 2011 or any managing
broker, broker, or leasing agent whose license under this Act
has expired shall be eligible to renew the license during the
2-year period following the expiration date, provided the
managing broker, broker, salesperson, or leasing agent pays the
fees as prescribed by rule and completes continuing education
and other requirements provided for by the Act or by rule.
Beginning on May 1, 2012, a managing broker licensee, broker,
or leasing agent whose license has been expired for more than 2
years but less than 5 years may have it restored by (i)
applying to the Department, (ii) paying the required fee, (iii)
completing the continuing education requirements for the most
recent pre-renewal period that ended prior to the date of the
application for reinstatement, and (iv) filing acceptable
proof of fitness to have his or her license restored, as set by
rule. A managing broker, broker, or leasing agent whose license
has been expired for more than 5 years shall be required to
meet the requirements for a new license.
(d) Notwithstanding any other provisions of this Act to the
contrary, any managing broker, broker, salesperson, or leasing
agent whose license expired while he or she was (i) on active
duty with the Armed Forces of the United States or called into
service or training by the state militia, (ii) engaged in
training or education under the supervision of the United

States preliminary to induction into military service, or (iii)
serving as the Coordinator of Real Estate in the State of
Illinois or as an employee of the Department may have his or
her license renewed, reinstated or restored without paying any
lapsed renewal fees if within 2 years after the termination of
the service, training or education by furnishing the Department
with satisfactory evidence of service, training, or education
and it has been terminated under honorable conditions.
(e) The Department shall establish and maintain a register
of all persons currently licensed by the State and shall issue
and prescribe a form of pocket card. Upon payment by a licensee
of the appropriate fee as prescribed by rule for engagement in
the activity for which the licensee is qualified and holds a
license for the current period, the Department shall issue a
pocket card to the licensee. The pocket card shall be
verification that the required fee for the current period has
been paid and shall indicate that the person named thereon is
licensed for the current renewal period as a managing broker,
broker, salesperson, or leasing agent as the case may be. The
pocket card shall further indicate that the person named
thereon is authorized by the Department to engage in the
licensed activity appropriate for his or her status (managing
broker, broker, salesperson, or leasing agent). Each licensee
shall carry on his or her person his or her pocket card or, if
such pocket card has not yet been issued, a properly issued
sponsor card when engaging in any licensed activity and shall

display the same on demand.
(f) The Department shall provide to the sponsoring broker a
notice of renewal for all sponsored licensees by mailing the
notice to the sponsoring broker's address of record, or, at the
Department's discretion, by an electronic means as provided for
by rule.
(g) Upon request from the sponsoring broker, the Department
shall make available to the sponsoring broker, either by mail
or by an electronic means at the discretion of the Department,
a listing of licensees under this Act who, according to the
records of the Department, are sponsored by that broker. Every
licensee associated with or employed by a broker whose license
is revoked, suspended, terminated, or expired shall be
considered as inoperative until such time as the sponsoring
broker's license is reinstated or renewed, or the licensee
changes employment as set forth in subsection (c) of Section
5-40 of this Act.
(Source: P.A. 98-531, eff. 8-23-13.)
(225 ILCS 454/5-60)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-60. Managing broker licensed in another state;
broker licensed in another state; salesperson licensed in
another state; reciprocal agreements; agent for service of
process.
(a) Effective May 1, 2011, a managing broker's license may

be issued by the Department to a managing broker or its
equivalent licensed under the laws of another state of the
United States, under the following conditions:
(1) the managing broker holds a managing broker's
license in a state that has entered into a reciprocal
agreement with the Department;
(2) the standards for that state for licensing as a
managing broker are substantially equal to or greater than
the minimum standards in the State of Illinois;
(3) the managing broker has been actively practicing as
a managing broker in the managing broker's state of
licensure for a period of not less than 2 years,
immediately prior to the date of application;
(4) the managing broker furnishes the Department with a
statement under seal of the proper licensing authority of
the state in which the managing broker is licensed showing
that the managing broker has an active managing broker's
license, that the managing broker is in good standing, and
that no complaints are pending against the managing broker
in that state;
(5) the managing broker passes a test on Illinois
specific real estate brokerage laws; and
(6) the managing broker was licensed by an examination
in the state that has entered into a reciprocal agreement
with the Department.
(b) A broker's license may be issued by the Department to a

broker or its equivalent licensed under the laws of another
state of the United States, under the following conditions:
(1) the broker holds a broker's license in a state that
has entered into a reciprocal agreement with the
Department;
(2) the standards for that state for licensing as a
broker are substantially equivalent to or greater than the
minimum standards in the State of Illinois;
(3) if the application is made prior to May 1, 2012,
then the broker has been actively practicing as a broker in
the broker's state of licensure for a period of not less
than 2 years, immediately prior to the date of application;
(4) the broker furnishes the Department with a
statement under seal of the proper licensing authority of
the state in which the broker is licensed showing that the
broker has an active broker's license, that the broker is
in good standing, and that no complaints are pending
against the broker in that state;
(5) the broker passes a test on Illinois specific real
estate brokerage laws; and
(6) the broker was licensed by an examination in a
state that has entered into a reciprocal agreement with the
Department.
(c) (Blank). Prior to May 1, 2011, a salesperson may, in
the discretion of the Department, be issued a salesperson's
license provided all of the following conditions are met:

(1) the salesperson maintains an active license in the
state that has entered into a reciprocal agreement with the
Department;
(2) the salesperson passes a test on Illinois specific
real estate brokerage laws; and
(3) the salesperson was licensed by an examination in
the state that has entered into a reciprocal agreement with
the Department.
The broker with whom the salesperson is associated shall
comply with the provisions of this Act and issue the
salesperson a sponsor card upon the form provided by the
Department.
(d) As a condition precedent to the issuance of a license
to a managing broker, or broker, or salesperson pursuant to
this Section, the managing broker or broker salesperson shall
agree in writing to abide by all the provisions of this Act
with respect to his or her real estate activities within the
State of Illinois and submit to the jurisdiction of the
Department as provided in this Act. The agreement shall be
filed with the Department and shall remain in force for so long
as the managing broker, or broker or salesperson is licensed by
this State and thereafter with respect to acts or omissions
committed while licensed as a managing broker or broker
salesperson in this State.
(e) Prior to the issuance of any license to any managing
broker, or broker, or salesperson licensed pursuant to this

Section, verification of active licensure issued for the
conduct of such business in any other state must be filed with
the Department by the managing broker, or broker, or
salesperson, and the same fees must be paid as provided in this
Act for the obtaining of a managing broker's, or broker's or
salesperson's license in this State.
(f) Licenses previously granted under reciprocal
agreements with other states shall remain in force so long as
the Department has a reciprocal agreement with the state that
includes the requirements of this Section, unless that license
is suspended, revoked, or terminated by the Department for any
reason provided for suspension, revocation, or termination of a
resident licensee's license. Licenses granted under reciprocal
agreements may be renewed in the same manner as a resident's
license.
(g) Prior to the issuance of a license to a nonresident
managing broker, or broker or salesperson, the managing broker,
or broker or salesperson shall file with the Department a
designation in writing that appoints the Secretary to act as
his or her agent upon whom all judicial and other process or
legal notices directed to the managing broker, or broker or
salesperson may be served. Service upon the agent so designated
shall be equivalent to personal service upon the licensee.
Copies of the appointment, certified by the Secretary, shall be
deemed sufficient evidence thereof and shall be admitted in
evidence with the same force and effect as the original thereof

might be admitted. In the written designation, the managing
broker, or broker or salesperson shall agree that any lawful
process against the licensee that is served upon the agent
shall be of the same legal force and validity as if served upon
the licensee and that the authority shall continue in force so
long as any liability remains outstanding in this State. Upon
the receipt of any process or notice, the Secretary shall
forthwith mail a copy of the same by certified mail to the last
known business address of the licensee.
(h) Any person holding a valid license under this Section
shall be eligible to obtain a resident managing broker's
license, or a broker's license, or, prior to May 1, 2011, a
salesperson's license without examination should that person
change their state of domicile to Illinois and that person
otherwise meets the qualifications for licensure under this
Act.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/5-70)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-70. Continuing education requirement; managing
broker, or broker, or salesperson.
(a) The requirements of this Section apply to all managing
brokers, and brokers, and salespersons.
(b) Except as otherwise provided in this Section, each
person who applies for renewal of his or her license as a

managing broker, or real estate broker, or real estate
salesperson must successfully complete 6 hours of real estate
continuing education courses approved by the Advisory Council
for each year of the pre-renewal period. Broker licensees must
successfully complete a 6-hour broker management continuing
education course approved by the Department for the pre-renewal
period ending April 30, 2010. In addition, beginning with the
pre-renewal period for managing broker licensees that begins
after the effective date of this Act, those licensees renewing
or obtaining a managing broker's license must successfully
complete a 12-hour broker management continuing education
course approved by the Department each pre-renewal period. The
broker management continuing education course must be
completed in the classroom or by other interactive delivery
method between the instructor and the students. Successful
completion of the course shall include achieving a passing
score as provided by rule on a test developed and administered
in accordance with rules adopted by the Department. No license
may be renewed except upon the successful completion of the
required courses or their equivalent or upon a waiver of those
requirements for good cause shown as determined by the
Secretary with the recommendation of the Advisory Council. The
requirements of this Article are applicable to all managing
brokers, and brokers, and salespersons except those managing
brokers and brokers salespersons who, during the pre-renewal
period:

(1) serve in the armed services of the United States;
(2) serve as an elected State or federal official;
(3) serve as a full-time employee of the Department; or
(4) are admitted to practice law pursuant to Illinois
Supreme Court rule.
(c) (Blank). A person licensed as a salesperson as of April
30, 2011 shall not be required to complete the 18 hours of
continuing education for the pre-renewal period ending April
30, 2012 if that person takes the 30-hour post-licensing course
to obtain a broker's license. A person licensed as a broker as
of April 30, 2011 shall not be required to complete the 12
hours of broker management continuing education for the
pre-renewal period ending April 30, 2012, unless that person
passes the proficiency exam provided for in Section 5-47 of
this Act to qualify for a managing broker's license.
(d) A person receiving an initial license during the 90
days before the renewal date shall not be required to complete
the continuing education courses provided for in subsection (b)
of this Section as a condition of initial license renewal.
(e) The continuing education requirement for salespersons,
brokers and managing brokers shall consist of a core curriculum
and an elective curriculum, to be established by the Advisory
Council. In meeting the continuing education requirements of
this Act, at least 3 hours per year or their equivalent, 6
hours for each two-year pre-renewal period, shall be required
to be completed in the core curriculum. In establishing the

core curriculum, the Advisory Council shall consider subjects
that will educate licensees on recent changes in applicable
laws and new laws and refresh the licensee on areas of the
license law and the Department policy that the Advisory Council
deems appropriate, and any other areas that the Advisory
Council deems timely and applicable in order to prevent
violations of this Act and to protect the public. In
establishing the elective curriculum, the Advisory Council
shall consider subjects that cover the various aspects of the
practice of real estate that are covered under the scope of
this Act. However, the elective curriculum shall not include
any offerings referred to in Section 5-85 of this Act.
(f) The subject areas of continuing education courses
approved by the Advisory Council may include without limitation
the following:
(1) license law and escrow;
(2) antitrust;
(3) fair housing;
(4) agency;
(5) appraisal;
(6) property management;
(7) residential brokerage;
(8) farm property management;
(9) rights and duties of sellers, buyers, and brokers;
(10) commercial brokerage and leasing; and
(11) real estate financing.

(g) In lieu of credit for those courses listed in
subsection (f) of this Section, credit may be earned for
serving as a licensed instructor in an approved course of
continuing education. The amount of credit earned for teaching
a course shall be the amount of continuing education credit for
which the course is approved for licensees taking the course.
(h) Credit hours may be earned for self-study programs
approved by the Advisory Council.
(i) A managing broker or broker salesperson may earn credit
for a specific continuing education course only once during the
prerenewal period.
(j) No more than 6 hours of continuing education credit may
be taken or earned in one calendar day.
(k) To promote the offering of a uniform and consistent
course content, the Department may provide for the development
of a single broker management course to be offered by all
continuing education providers who choose to offer the broker
management continuing education course. The Department may
contract for the development of the 12-hour broker management
continuing education course with an outside vendor or
consultant and, if the course is developed in this manner, the
Department or the outside consultant shall license the use of
that course to all approved continuing education providers who
wish to provide the course.
(l) Except as specifically provided in this Act, continuing
education credit hours may not be earned for completion of pre

or post-license courses. The approved 30-hour post-license
course for broker licensees shall satisfy the continuing
education requirement for the pre-renewal period in which the
course is taken. The approved 45-hour brokerage administration
and management course shall satisfy the 12-hour broker
management continuing education requirement for the
pre-renewal period in which the course is taken.
(Source: P.A. 97-1002, eff. 8-17-12; 98-531, eff. 8-23-13.)
(225 ILCS 454/10-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10-10. Disclosure of compensation.
(a) A licensee must disclose to a client the sponsoring
broker's compensation and policy with regard to cooperating
with brokers who represent other parties in a transaction.
(b) A licensee must disclose to a client all sources of
compensation related to the transaction received by the
licensee from a third party.
(c) If a licensee refers a client to a third party in which
the licensee has greater than a 1% ownership interest or from
which the licensee receives or may receive dividends or other
profit sharing distributions, other than a publicly held or
traded company, for the purpose of the client obtaining
services related to the transaction, then the licensee shall
disclose that fact to the client at the time of making the
referral.

(d) If in any one transaction a sponsoring broker receives
compensation from both the buyer and seller or lessee and
lessor of real estate, the sponsoring broker shall disclose in
writing to a client the fact that the compensation is being
paid by both buyer and seller or lessee and lessor.
(e) Nothing in the Act shall prohibit the cooperation with
or a payment of compensation to a person not domiciled in this
State or country who is licensed as a real estate broker in his
or her state or country of domicile or to a resident of a
country that does not require a person to be licensed to act as
a real estate broker if the person complies with the laws of
the country in which that person resides and practices there as
a real estate broker.
(Source: P.A. 91-245, eff. 12-31-99; 92-217, eff. 8-2-01.)
(225 ILCS 454/10-15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10-15. No compensation to persons in violation of Act;
compensation to unlicensed persons; consumer.
(a) No compensation may be paid to any unlicensed person in
exchange for the person performing licensed activities in
violation of this Act.
(b) No action or suit shall be instituted, nor recovery
therein be had, in any court of this State by any person,
partnership, registered limited liability partnership, limited
liability company, or corporation for compensation for any act

done or service performed, the doing or performing of which is
prohibited by this Act to other than licensed managing brokers,
brokers, salespersons, or leasing agents unless the person,
partnership, registered limited liability partnership, limited
liability company, or corporation was duly licensed hereunder
as a managing broker, broker, salesperson, or leasing agent
under this Act at the time that any such act was done or
service performed that would give rise to a cause of action for
compensation.
(c) A licensee may offer compensation, including prizes,
merchandise, services, rebates, discounts, or other
consideration to an unlicensed person who is a party to a
contract to buy or sell real estate or is a party to a contract
for the lease of real estate, so long as the offer complies
with the provisions of subdivision (35) of subsection (a) of
Section 20-20 of this Act.
(d) A licensee may offer cash, gifts, prizes, awards,
coupons, merchandise, rebates or chances to win a game of
chance, if not prohibited by any other law or statute, to a
consumer as an inducement to that consumer to use the services
of the licensee even if the licensee and consumer do not
ultimately enter into a broker-client relationship so long as
the offer complies with the provisions of subdivision (35) of
subsection (a) of Section 20-20 of this Act.
(Source: P.A. 96-856, eff. 12-31-09.)

(225 ILCS 454/15-5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 15-5. Legislative intent.
(a) The General Assembly finds that application of the
common law of agency to the relationships among managing real
estate brokers and brokers salespersons and consumers of real
estate brokerage services has resulted in misunderstandings
and consequences that have been contrary to the best interests
of the public. The General Assembly further finds that the real
estate brokerage industry has a significant impact upon the
economy of the State of Illinois and that it is in the best
interest of the public to provide codification of the
relationships between managing real estate brokers and brokers
salespersons and consumers of real estate brokerage services in
order to prevent detrimental misunderstandings and
misinterpretations of the relationships by consumers, managing
real estate brokers, and brokers salespersons and thus promote
and provide stability in the real estate market. This Article
15 is enacted to govern the relationships between consumers of
real estate brokerage services and managing real estate brokers
and brokers salespersons to the extent not governed by an
individual written agreement between a sponsoring broker and a
consumer, providing that there is a relationship other than
designated agency. This Article 15 applies to the exclusion of
the common law concepts of principal and agent and to the
fiduciary duties, which have been applied to managing real

estate brokers, brokers salespersons, and real estate
brokerage services.
(b) The General Assembly further finds that this Article 15
is not intended to prescribe or affect contractual
relationships between managing brokers and real estate brokers
and the broker's affiliated licensees.
(c) This Article 15 may serve as a basis for private rights
of action and defenses by sellers, buyers, landlords, tenants,
managing brokers, and real estate brokers, and real estate
salespersons. The private rights of action, however, do not
extend to the provisions of any other Articles of this Act.
(Source: P.A. 91-245, eff. 12-31-99.)
(225 ILCS 454/20-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-10. Unlicensed practice; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice as a managing
real estate broker, broker real estate salesperson, or leasing
agent without being licensed under this Act shall, in addition
to any other penalty provided by law, pay a civil penalty to
the Department in an amount not to exceed $25,000 for each
offense as determined by the Department. The civil penalty
shall be assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a license.

(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner from any court of
record.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-20. Grounds for discipline.
(a) The Department may refuse to issue or renew a license,
may place on probation, suspend, or revoke any license,
reprimand, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $25,000 upon any licensee or applicant under this Act
or any person who holds himself or herself out as an applicant
or licensee or against a licensee in handling his or her own
property, whether held by deed, option, or otherwise, for any
one or any combination of the following causes:
(1) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(2) The conviction of or plea of guilty or plea of nolo
contendere to a felony or misdemeanor in this State or any

other jurisdiction; or the entry of an administrative
sanction by a government agency in this State or any other
jurisdiction. Action taken under this paragraph (2) for a
misdemeanor or an administrative sanction is limited to a
misdemeanor or administrative sanction that has as an
essential element dishonesty or fraud or involves larceny,
embezzlement, or obtaining money, property, or credit by
false pretenses or by means of a confidence game.
(3) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(4) Practice under this Act as a licensee in a retail
sales establishment from an office, desk, or space that is
not separated from the main retail business by a separate
and distinct area within the establishment.
(5) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, or a
governmental agency authorized to impose discipline if at
least one of the grounds for that discipline is the same as
or the equivalent of one of the grounds for which a
licensee may be disciplined under this Act. A certified
copy of the record of the action by the other state or
jurisdiction shall be prima facie evidence thereof.
(6) Engaging in the practice of real estate brokerage

without a license or after the licensee's license was
expired or while the license was inoperative.
(7) Cheating on or attempting to subvert the Real
Estate License Exam or continuing education exam.
(8) Aiding or abetting an applicant to subvert or cheat
on the Real Estate License Exam or continuing education
exam administered pursuant to this Act.
(9) Advertising that is inaccurate, misleading, or
contrary to the provisions of the Act.
(10) Making any substantial misrepresentation or
untruthful advertising.
(11) Making any false promises of a character likely to
influence, persuade, or induce.
(12) Pursuing a continued and flagrant course of
misrepresentation or the making of false promises through
licensees, employees, agents, advertising, or otherwise.
(13) Any misleading or untruthful advertising, or
using any trade name or insignia of membership in any real
estate organization of which the licensee is not a member.
(14) Acting for more than one party in a transaction
without providing written notice to all parties for whom
the licensee acts.
(15) Representing or attempting to represent a broker
other than the sponsoring broker.
(16) Failure to account for or to remit any moneys or
documents coming into his or her possession that belong to

others.
(17) Failure to maintain and deposit in a special
account, separate and apart from personal and other
business accounts, all escrow moneys belonging to others
entrusted to a licensee while acting as a real estate
broker, escrow agent, or temporary custodian of the funds
of others or failure to maintain all escrow moneys on
deposit in the account until the transactions are
consummated or terminated, except to the extent that the
moneys, or any part thereof, shall be:
(A) disbursed prior to the consummation or
termination (i) in accordance with the written
direction of the principals to the transaction or their
duly authorized agents, (ii) in accordance with
directions providing for the release, payment, or
distribution of escrow moneys contained in any written
contract signed by the principals to the transaction or
their duly authorized agents, or (iii) pursuant to an
order of a court of competent jurisdiction; or
(B) deemed abandoned and transferred to the Office
of the State Treasurer to be handled as unclaimed
property pursuant to the Uniform Disposition of
Unclaimed Property Act. Escrow moneys may be deemed
abandoned under this subparagraph (B) only: (i) in the
absence of disbursement under subparagraph (A); (ii)
in the absence of notice of the filing of any claim in

a court of competent jurisdiction; and (iii) if 6
months have elapsed after the receipt of a written
demand for the escrow moneys from one of the principals
to the transaction or the principal's duly authorized
agent.
The account shall be noninterest bearing, unless the
character of the deposit is such that payment of interest
thereon is otherwise required by law or unless the
principals to the transaction specifically require, in
writing, that the deposit be placed in an interest bearing
account.
(18) Failure to make available to the Department all
escrow records and related documents maintained in
connection with the practice of real estate within 24 hours
of a request for those documents by Department personnel.
(19) Failing to furnish copies upon request of
documents relating to a real estate transaction to a party
who has executed that document.
(20) Failure of a sponsoring broker to timely provide
information, sponsor cards, or termination of licenses to
the Department.
(21) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(22) Commingling the money or property of others with
his or her own money or property.

(23) Employing any person on a purely temporary or
single deal basis as a means of evading the law regarding
payment of commission to nonlicensees on some contemplated
transactions.
(24) Permitting the use of his or her license as a
broker to enable a leasing agent salesperson or unlicensed
person to operate a real estate business without actual
participation therein and control thereof by the broker.
(25) Any other conduct, whether of the same or a
different character from that specified in this Section,
that constitutes dishonest dealing.
(26) Displaying a "for rent" or "for sale" sign on any
property without the written consent of an owner or his or
her duly authorized agent or advertising by any means that
any property is for sale or for rent without the written
consent of the owner or his or her authorized agent.
(27) Failing to provide information requested by the
Department, or otherwise respond to that request, within 30
days of the request.
(28) Advertising by means of a blind advertisement,
except as otherwise permitted in Section 10-30 of this Act.
(29) Offering guaranteed sales plans, as defined in
clause (A) of this subdivision (29), except to the extent
hereinafter set forth:
(A) A "guaranteed sales plan" is any real estate
purchase or sales plan whereby a licensee enters into a

conditional or unconditional written contract with a
seller, prior to entering into a brokerage agreement
with the seller, by the terms of which a licensee
agrees to purchase a property of the seller within a
specified period of time at a specific price in the
event the property is not sold in accordance with the
terms of a brokerage agreement to be entered into
between the sponsoring broker and the seller.
(B) A licensee offering a guaranteed sales plan
shall provide the details and conditions of the plan in
writing to the party to whom the plan is offered.
(C) A licensee offering a guaranteed sales plan
shall provide to the party to whom the plan is offered
evidence of sufficient financial resources to satisfy
the commitment to purchase undertaken by the broker in
the plan.
(D) Any licensee offering a guaranteed sales plan
shall undertake to market the property of the seller
subject to the plan in the same manner in which the
broker would market any other property, unless the
agreement with the seller provides otherwise.
(E) The licensee cannot purchase seller's property
until the brokerage agreement has ended according to
its terms or is otherwise terminated.
(F) Any licensee who fails to perform on a
guaranteed sales plan in strict accordance with its

terms shall be subject to all the penalties provided in
this Act for violations thereof and, in addition, shall
be subject to a civil fine payable to the party injured
by the default in an amount of up to $25,000.
(30) Influencing or attempting to influence, by any
words or acts, a prospective seller, purchaser, occupant,
landlord, or tenant of real estate, in connection with
viewing, buying, or leasing real estate, so as to promote
or tend to promote the continuance or maintenance of
racially and religiously segregated housing or so as to
retard, obstruct, or discourage racially integrated
housing on or in any street, block, neighborhood, or
community.
(31) Engaging in any act that constitutes a violation
of any provision of Article 3 of the Illinois Human Rights
Act, whether or not a complaint has been filed with or
adjudicated by the Human Rights Commission.
(32) Inducing any party to a contract of sale or lease
or brokerage agreement to break the contract of sale or
lease or brokerage agreement for the purpose of
substituting, in lieu thereof, a new contract for sale or
lease or brokerage agreement with a third party.
(33) Negotiating a sale, exchange, or lease of real
estate directly with any person if the licensee knows that
the person has an exclusive brokerage agreement with
another broker, unless specifically authorized by that

broker.
(34) When a licensee is also an attorney, acting as the
attorney for either the buyer or the seller in the same
transaction in which the licensee is acting or has acted as
a managing broker or broker salesperson.
(35) Advertising or offering merchandise or services
as free if any conditions or obligations necessary for
receiving the merchandise or services are not disclosed in
the same advertisement or offer. These conditions or
obligations include without limitation the requirement
that the recipient attend a promotional activity or visit a
real estate site. As used in this subdivision (35), "free"
includes terms such as "award", "prize", "no charge", "free
of charge", "without charge", and similar words or phrases
that reasonably lead a person to believe that he or she may
receive or has been selected to receive something of value,
without any conditions or obligations on the part of the
recipient.
(36) Disregarding or violating any provision of the
Land Sales Registration Act of 1989, the Illinois Real
Estate Time-Share Act, or the published rules promulgated
by the Department to enforce those Acts.
(37) Violating the terms of a disciplinary order issued
by the Department.
(38) Paying or failing to disclose compensation in
violation of Article 10 of this Act.

(39) Requiring a party to a transaction who is not a
client of the licensee to allow the licensee to retain a
portion of the escrow moneys for payment of the licensee's
commission or expenses as a condition for release of the
escrow moneys to that party.
(40) Disregarding or violating any provision of this
Act or the published rules promulgated by the Department to
enforce this Act or aiding or abetting any individual,
partnership, registered limited liability partnership,
limited liability company, or corporation in disregarding
any provision of this Act or the published rules
promulgated by the Department to enforce this Act.
(41) Failing to provide the minimum services required
by Section 15-75 of this Act when acting under an exclusive
brokerage agreement.
(42) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a managing broker, broker, salesperson, or
leasing agent's inability to practice with reasonable
skill or safety.
(43) Enabling, aiding, or abetting an auctioneer, as
defined in the Auction License Act, to conduct a real
estate auction in a manner that is in violation of this
Act.
(b) The Department 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 in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(d) In cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department may
refuse to issue or renew or may revoke or suspend that person's
license or may take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services in
accordance with item (5) of subsection (a) of Section 2105-15
of the Civil Administrative Code of Illinois.
(e) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel an individual

licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until the individual submits to the examination if the
Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the

Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 97-813, eff. 7-13-12; 97-1002, eff. 8-17-12;
98-553, eff. 1-1-14; 98-756, eff. 7-16-14.)

(225 ILCS 454/20-21)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-21. Injunctions; cease and desist order.
(a) If any person violates the provisions of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of Illinois
or the State's Attorney for any county in which the action is
brought, petition for an order enjoining the violation or for
an order enforcing compliance with this Act. Upon the filing of
a verified petition in court, the court may issue a temporary
restraining order, without notice or condition, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the Court may punish the offender for contempt of
court. Proceedings under this Section shall be in addition to,
and not in lieu of, all other remedies and penalties provided
by this Act.
(b) Whenever in the opinion of the Department a person
violates a provision of this Act, the Department may issue a
ruling to show cause why an order to cease and desist should
not be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall allow
at least 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued immediately.

(c) Other than as provided in Section 5-20 of this Act, if
any person practices as a managing real estate broker, broker,
real estate salesperson or leasing agent or holds himself or
herself out as a licensed sponsoring broker, managing broker,
real estate broker, real estate salesperson or leasing agent
under this Act without being issued a valid existing license by
the Department, then any licensed sponsoring broker, managing
broker, real estate broker, real estate salesperson, leasing
agent, any interested party, or any person injured thereby may,
in addition to the Secretary, petition for relief as provided
in subsection (a) of this Section.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-22)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-22. Violations. Any person who is found working or
acting as a managing broker, real estate broker, real estate
salesperson, or leasing agent or holding himself or herself out
as a licensed sponsoring broker, managing broker, real estate
broker, real estate salesperson, or leasing agent without being
issued a valid existing license is guilty of a Class A
misdemeanor and on conviction of a second or subsequent offense
the violator shall be guilty of a Class 4 felony.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-85)

(Section scheduled to be repealed on January 1, 2020)
Sec. 20-85. Recovery from Real Estate Recovery Fund. The
Department shall maintain a Real Estate Recovery Fund from
which any person aggrieved by an act, representation,
transaction, or conduct of a licensee or unlicensed employee of
a licensee that is in violation of this Act or the rules
promulgated pursuant thereto, constitutes embezzlement of
money or property, or results in money or property being
unlawfully obtained from any person by false pretenses,
artifice, trickery, or forgery or by reason of any fraud,
misrepresentation, discrimination, or deceit by or on the part
of any such licensee or the unlicensed employee of a licensee
and that results in a loss of actual cash money, as opposed to
losses in market value, may recover. The aggrieved person may
recover, by a post-judgment order of the circuit court of the
county where the violation occurred in a proceeding described
in Section 20-90 of this Act, an amount of not more than
$25,000 from the Fund for damages sustained by the act,
representation, transaction, or conduct, together with costs
of suit and attorney's fees incurred in connection therewith of
not to exceed 15% of the amount of the recovery ordered paid
from the Fund. However, no person licensee may recover from the
Fund unless the court finds that the person suffered a loss
resulting from intentional misconduct. The post-judgment order
shall not include interest on the judgment. The maximum
liability against the Fund arising out of any one act shall be

as provided in this Section, and the post-judgment order shall
spread the award equitably among all co-owners or otherwise
aggrieved persons, if any. The maximum liability against the
Fund arising out of the activities of any one licensee or one
unlicensed employee of a licensee, since January 1, 1974, shall
be $100,000. Nothing in this Section shall be construed to
authorize recovery from the Fund unless the loss of the
aggrieved person results from an act or omission of a licensee
under this Act who was at the time of the act or omission
acting in such capacity or was apparently acting in such
capacity or their unlicensed employee and unless the aggrieved
person has obtained a valid judgment and post-judgment order of
the court as provided for in Section 20-90 of this Act. No
person aggrieved by an act, representation, or transaction that
is in violation of the Illinois Real Estate Time-Share Act or
the Land Sales Registration Act of 1989 may recover from the
Fund.
(Source: P.A. 96-856, eff. 12-31-09; 97-1002, eff. 8-17-12.)
(225 ILCS 454/25-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 25-10. Real Estate Administration and Disciplinary
Board; duties. There is created the Real Estate Administration
and Disciplinary Board. The Board shall be composed of 9
persons appointed by the Governor. Members shall be appointed
to the Board subject to the following conditions:

(1) All members shall have been residents and citizens
of this State for at least 6 years prior to the date of
appointment.
(2) Six members shall have been actively engaged as
managing brokers or brokers salespersons or both for at
least the 10 years prior to the appointment.
(3) Three members of the Board shall be public members
who represent consumer interests.
None of these members shall be (i) a person who is licensed
under this Act or a similar Act of another jurisdiction, (ii)
the spouse or family member of a licensee, (iii) a person who
has an ownership interest in a real estate brokerage business,
or (iv) a person the Department determines to have any other
connection with a real estate brokerage business or a licensee.
The members' terms shall be 4 years or until their successor is
appointed, and the expiration of their terms shall be
staggered. Appointments to fill vacancies shall be for the
unexpired portion of the term. The membership of the Board
should reasonably reflect the geographic distribution of the
licensee population in this State. In making the appointments,
the Governor shall give due consideration to the
recommendations by members and organizations of the
profession. The Governor may terminate the appointment of any
member for cause that in the opinion of the Governor reasonably
justifies the termination. Cause for termination shall include
without limitation misconduct, incapacity, neglect of duty, or

missing 4 board meetings during any one calendar year. Each
member of the Board may receive a per diem stipend in an amount
to be determined by the Secretary. Each member shall be paid
his or her necessary expenses while engaged in the performance
of his or her duties. Such compensation and expenses shall be
paid out of the Real Estate License Administration Fund. The
Secretary shall consider the recommendations of the Board on
questions involving standards of professional conduct,
discipline, and examination of candidates under this Act. The
Department, after notifying and considering the
recommendations of the Board, if any, may issue rules,
consistent with the provisions of this Act, for the
administration and enforcement thereof and may prescribe forms
that shall be used in connection therewith. Five Board members
shall constitute a quorum. A quorum is required for all Board
decisions.
(Source: P.A. 98-1109, eff. 1-1-15.)
(225 ILCS 454/25-25)
(Section scheduled to be repealed on January 1, 2020)
Sec. 25-25. Real Estate Research and Education Fund. A
special fund to be known as the Real Estate Research and
Education Fund is created and shall be held in trust in the
State Treasury. Annually, on September 15th, the State
Treasurer shall cause a transfer of $125,000 to the Real Estate
Research and Education Fund from the Real Estate License

Administration Fund. The Real Estate Research and Education
Fund shall be administered by the Department. Money deposited
in the Real Estate Research and Education Fund may be used for
research and education at state institutions of higher
education or other organizations for research and the
advancement of education in the real estate industry. Of the
$125,000 annually transferred into the Real Estate Research and
Education Fund, $15,000 shall be used to fund a scholarship
program for persons of minority racial origin who wish to
pursue a course of study in the field of real estate. For the
purposes of this Section, "course of study" means a course or
courses that are part of a program of courses in the field of
real estate designed to further an individual's knowledge or
expertise in the field of real estate. These courses shall
include without limitation courses that a salesperson licensed
under this Act must complete to qualify for a real estate
broker's license, courses that a broker licensed under this Act
must complete to qualify for a managing broker's license,
courses required to obtain the Graduate Realtors Institute
designation, and any other courses or programs offered by
accredited colleges, universities, or other institutions of
higher education in Illinois. The scholarship program shall be
administered by the Department or its designee. Moneys in the
Real Estate Research and Education Fund may be invested and
reinvested in the same manner as funds in the Real Estate
Recovery Fund and all earnings, interest, and dividends

received from such investments shall be deposited in the Real
Estate Research and Education Fund and may be used for the same
purposes as moneys transferred to the Real Estate Research and
Education Fund. Moneys in the Real Estate Research and
Education 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.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/30-15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 30-15. Licensing of continuing education schools;
approval of courses.
(a) Only continuing education schools in possession of a
valid continuing education school license may provide real
estate continuing education courses that will satisfy the
requirements of this Act. Pre-license schools licensed to offer
pre-license education courses for salespersons, brokers, and
managing brokers, or leasing agents shall qualify for a
continuing education school license upon completion of an
application and the submission of the required fee. Every
entity that desires to obtain a continuing education school
license shall make application to the Department in writing in
forms prescribed by the Department and pay the fee prescribed
by rule. In addition to any other information required to be

contained in the application, every application for an original
or renewed license shall include the applicant's Social
Security number.
(b) The criteria for a continuing education license shall
include the following:
(1) A sound financial base for establishing,
promoting, and delivering the necessary courses. Budget
planning for the School's courses should be clearly
projected.
(2) A sufficient number of qualified, licensed
instructors as provided by rule.
(3) Adequate support personnel to assist with
administrative matters and technical assistance.
(4) Maintenance and availability of records of
participation for licensees.
(5) The ability to provide each participant who
successfully completes an approved program with a
certificate of completion signed by the administrator of a
licensed continuing education school on forms provided by
the Department.
(6) The continuing education school must have a written
policy dealing with procedures for the management of
grievances and fee refunds.
(7) The continuing education school shall maintain
lesson plans and examinations for each course.
(8) The continuing education school shall require a 70%

passing grade for successful completion of any continuing
education course.
(9) The continuing education school shall identify and
use instructors who will teach in a planned program.
Suggested criteria for instructor selections include:
(A) appropriate credentials;
(B) competence as a teacher;
(C) knowledge of content area; and
(D) qualification by experience.
(10) The continuing education school shall provide a
proctor or an electronic means of proctoring for each
examination. The continuing education school shall be
responsible for the conduct of the proctor. The duties and
responsibilities of a proctor shall be established by rule.
(11) The continuing education school must provide for
closed book examinations for each course unless the
Advisory Council excuses this requirement based on the
complexity of the course material.
(c) Advertising and promotion of continuing education
activities must be carried out in a responsible fashion,
clearly showing the educational objectives of the activity, the
nature of the audience that may benefit from the activity, the
cost of the activity to the participant and the items covered
by the cost, the amount of credit that can be earned, and the
credentials of the faculty.
(d) The Department may or upon request of the Advisory

Council shall, after notice, cause a continuing education
school to attend an informal conference before the Advisory
Council for failure to comply with any requirement for
licensure or for failure to comply with any provision of this
Act or the rules for the administration of this Act. The
Advisory Council shall make a recommendation to the Board as a
result of its findings at the conclusion of any such informal
conference.
(e) All continuing education schools shall maintain these
minimum criteria and pay the required fee in order to retain
their continuing education school license.
(f) All continuing education schools shall submit, at the
time of initial application and with each license renewal, a
list of courses with course materials to be offered by the
continuing education school. The Department, however, shall
establish a mechanism whereby continuing education schools may
apply for and obtain approval for continuing education courses
that are submitted after the time of initial application or
renewal. The Department shall provide to each continuing
education school a certificate for each approved continuing
education course. All continuing education courses shall be
valid for the period coinciding with the term of license of the
continuing education school. All continuing education schools
shall provide a copy of the certificate of the continuing
education course within the course materials given to each
student or shall display a copy of the certificate of the

continuing education course in a conspicuous place at the
location of the class.
(g) Each continuing education school shall provide to the
Department a monthly report in a format determined by the
Department, with information concerning students who
successfully completed all approved continuing education
courses offered by the continuing education school for the
prior month.
(h) The Department, upon the recommendation of the Advisory
Council, may temporarily suspend a licensed continuing
education school's approved courses without hearing and refuse
to accept successful completion of or participation in any of
these continuing education courses for continuing education
credit from that school upon the failure of that continuing
education school to comply with the provisions of this Act or
the rules for the administration of this Act, until such time
as the Department receives satisfactory assurance of
compliance. The Department shall notify the continuing
education school of the noncompliance and may initiate
disciplinary proceedings pursuant to this Act. The Department
may refuse to issue, suspend, revoke, or otherwise discipline
the license of a continuing education school or may withdraw
approval of a continuing education course for good cause.
Failure to comply with the requirements of this Section or any
other requirements established by rule shall be deemed to be
good cause. Disciplinary proceedings shall be conducted by the

Board in the same manner as other disciplinary proceedings
under this Act.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/35-5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 35-5. Savings provisions.
(a) This Act is intended to replace the Real Estate License
Act of 1983 in all respects.
(b) The Beginning December 31, 1999, the rights, powers,
and duties exercised by the Office of Banks and Real Estate
under the Real Estate License Act of 1983 shall continue to be
vested in, be the obligation of, and shall be exercised by the
Division of Real Estate of the Department of Financial and
Professional Regulation Office of Banks and Real Estate under
the provisions of this Act.
(c) This Act does not affect any act done, ratified, or
cancelled, or any right occurring or established, or any action
or proceeding had or commenced in an administrative, civil, or
criminal cause before December 31, 1999, by the Office of Banks
and Real Estate under the Real Estate License Act of 1983, and
those actions or proceedings may be prosecuted and continued by
the Division of Real Estate of the Department of Financial and
Professional Regulation Office of Banks and Real Estate under
this Act.
(d) This Act does not affect any license, certificate,

permit, or other form of licensure or authorization issued by
the Office of Banks and Real Estate under the Real Estate
License Act of 1983 or by the Division of Professional
Regulation of the Department of Financial and Professional
Regulation under this Act, and all such licenses, certificates,
permits, or other form of licensure or authorization shall
continue to be valid under the terms and conditions of this
Act.
(e) The rules adopted by the Office of Banks and Real
Estate relating to the Real Estate License Act of 1983, unless
inconsistent with the provisions of this Act, are not affected
by this Act, and on December 31, 1999 those rules become the
rules under this Act. The Office of Banks and Real Estate
shall, as soon as practicable, adopt new or amended rules
consistent with the provisions of this Act.
(f) This Act does not affect any discipline, suspension, or
termination taken under the Real Estate License Act of 1983 and
that discipline, suspension, or termination shall be continued
under this Act.
(g) This Act does not affect any appointments, term
limitations, years served, or other matters relating to
individuals serving on any board or council under the Real
Estate License Act of 1983, and these appointments, term
limitations, years served, and other matters shall be continued
under this Act.
(Source: P.A. 91-245, eff. 12-31-99.)

(225 ILCS 454/5-46 rep.)
(225 ILCS 454/5-47 rep.)
Section 960. The Real Estate License Act of 2000 is amended
by repealing Sections 5-46 and 5-47.
Section 965. The Professional Service Corporation Act is
amended by changing Sections 2, 3.1, 3.2, 3.6, 12, 12.1, and 13
and by adding Sections 13.5 and 15.5 as follows:
(805 ILCS 10/2) (from Ch. 32, par. 415-2)
Sec. 2. It is the legislative intent to provide for the
incorporation of an individual or group of individuals to
render the same professional service or related professional
services to the public for which such individuals are required
by law to be licensed or to obtain other legal authorization,
while preserving the established professional aspects of the
personal relationship between the professional person and
those he or she serves professionally.
(Source: P.A. 78-783.)
(805 ILCS 10/3.1) (from Ch. 32, par. 415-3.1)
Sec. 3.1. "Ancillary personnel" means such person acting in
their customary capacities, employed by those rendering a
professional service who:
(1) Are not licensed to engage in the category of

professional service for which a professional corporation was
formed; and
(2) Work at the direction or under the supervision of those
who are so licensed; and
(3) Do not hold themselves out to the public generally as
being authorized to engage in the practice of the profession
for which the corporation is licensed; and
(4) Are not prohibited by the regulating licensing
authority, regulating the category of professional service
rendered by the corporation from being so employed and includes
clerks, secretaries, technicians and other assistants who are
not usually and ordinarily considered by custom and practice to
be rendering the professional services for which the
corporation was formed.
(Source: P.A. 77-565.)
(805 ILCS 10/3.2) (from Ch. 32, par. 415-3.2)
Sec. 3.2. "Regulating authority" means the State board,
department, agency or the Supreme Court of Illinois (in the
case of attorneys at law), the Department of Financial and
Professional Regulation, or other State board, department, or
agency having jurisdiction to grant a license to render the
category of professional service for which a professional
corporation has been organized, or the United States Patent
Office, or the Internal Revenue Service of the United States
Treasury Department.

(Source: P.A. 78-561.)
(805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
Sec. 3.6. "Related professions" and "related professional
services" mean more than one personal service which requires as
a condition precedent to the rendering thereof the obtaining of
a license and which prior to October 1, 1973 could not be
performed by a corporation by reason of law; provided, however,
that these terms shall be restricted to:
(1) a combination of 2 two or more of the following
personal services: (a) "architecture" as defined in
Section 5 of the Illinois Architecture Practice Act of
1989, (b) "professional engineering" as defined in Section
4 of the Professional Engineering Practice Act of 1989, (c)
"structural engineering" as defined in Section 5 of the
Structural Engineering Practice Act of 1989, (d) "land
surveying" as defined in Section 2 of the Illinois
Professional Land Surveyor Act of 1989; or
(2) a combination of the following personal services:
(a) the practice of medicine by persons licensed under the
Medical Practice Act of 1987, (b) the practice of podiatry
as defined in Section 5 of the Podiatric Medical Practice
Act of 1987, (c) the practice of dentistry as defined in
the Illinois Dental Practice Act, (d) the practice of
optometry as defined in the Illinois Optometric Practice
Act of 1987; .

(3) a combination of 2 or more of the following
personal services: (a) the practice of clinical psychology
by persons licensed under the Clinical Psychologist
Licensing Act, (b) the practice of social work or clinical
social work by persons licensed under the Clinical Social
Work and Social Work Practice Act, (c) the practice of
marriage and family therapy by persons licensed under the
Marriage and Family Therapy Licensing Act, (d) the practice
of professional counseling or clinical professional
counseling by persons licensed under the Professional
Counselor and Clinical Professional Counselor Licensing
and Practice Act, or (e) the practice of sex offender
evaluations by persons licensed under the Sex Offender
Evaluation and Treatment Provider Act; or
(4) a combination of 2 or more of the following
personal services: (a) the practice of acupuncture by
persons licensed under the Acupuncture Practice Act, (b)
the practice of massage by persons licensed under the
Massage Licensing Act, (c) the practice of naprapathy by
persons licensed under the Naprapathic Practice Act, (d)
the practice of occupational therapy by persons licensed
under the Illinois Occupational Therapy Practice Act, or
(e) the practice of physical therapy by persons licensed
under the Illinois Physical Therapy Act.
(Source: P.A. 95-738, eff. 1-1-09.)

(805 ILCS 10/12) (from Ch. 32, par. 415-12)
Sec. 12. (a) No corporation shall open, operate or maintain
an establishment for any of the purposes for which a
corporation may be organized under this Act without a
certificate of registration from the regulating authority
authorized by law to license individuals to engage in the
profession or related professions concerned. Application for
such registration shall be made in writing, and shall contain
the name and primary mailing address of the corporation, the
name and address of the corporation's registered agent, the
address of the practice location maintained by the corporation,
each assumed name being used by the corporation, and such other
information as may be required by the regulating authority. All
official correspondence from the regulating authority shall be
mailed to the primary mailing address of the corporation except
that the corporation may elect to have renewal and non-renewal
notices sent to the registered agent of the corporation. Upon
receipt of such application, the regulating authority, or some
administrative agency of government designated by it, shall
make an investigation of the corporation. If the regulating
authority is the Supreme Court it may designate the bar or
legal association which investigates and prefers charges
against lawyers to it for disciplining. If such authority finds
that the incorporators, officers, directors and shareholders
are each licensed pursuant to the laws of Illinois to engage in
the particular profession or related professions involved

(except that the secretary of the corporation need not be so
licensed), and if no disciplinary action is pending before it
against any of them, and if it appears that the corporation
will be conducted in compliance with the law and the
regulations and rules of the regulating authority, such
authority, shall issue, upon payment of a registration fee of
$50, a certificate of registration.
A separate application shall be submitted for each business
location in Illinois. If the corporation is using more than one
fictitious or assumed name and has an address different from
that of the parent company, a separate application shall be
submitted for each fictitious or assumed name.
Upon written application of the holder, the regulating
authority which originally issued the certificate of
registration shall renew the certificate if it finds that the
corporation has complied with its regulations and the
provisions of this Act.
The fee for the renewal of a certificate of registration
shall be calculated at the rate of $40 per year.
The certificate of registration shall be conspicuously
posted upon the premises to which it is applicable, and the
professional corporation shall have only those offices which
are designated by street address in the articles of
incorporation, or as changed by amendment of such articles. No
certificate of registration shall be assignable.
(b) Moneys collected under this Section from a professional

corporation organized to practice law shall be deposited into
the Supreme Court Special Purposes Fund.
(c) After the effective date of this amendatory Act of the
98th General Assembly, the amount of any fee collected under
this Section from a professional corporation organized to
practice law may be set by Supreme Court rule, except that the
amount of the fees shall remain as set by statute until the
Supreme Court adopts rules specifying a higher or lower fee
amount.
(Source: P.A. 98-324, eff. 10-1-13.)
(805 ILCS 10/12.1) (from Ch. 32, par. 415-12.1)
Sec. 12.1. Any corporation which on 2 occasions issues or
delivers a check or other order to the Department of Financial
and Professional Regulation which is not honored by the
financial institution upon which it is drawn because of
insufficient funds on account, shall pay to the Department, in
addition to the amount owing upon such check or other order, a
fee of $50. If such check or other order was issued or
delivered in payment of a renewal fee and the corporation whose
certificate of registration has lapsed continues to practice as
a corporation without paying the renewal fee and the $50 fee
required under this Section, an additional fee of $100 shall be
imposed for practicing without a current license. The
Department shall notify the corporation whose certificate of
registration has lapsed, within 30 days after the discovery by

the Department that such corporation is operating without a
current certificate, that the corporation is operating without
a certificate, and of the amount due to the Department, which
shall include the lapsed renewal fee and all other fees
required by this Section. If after the expiration of 30 days
from the date of such notification, the corporation whose
certificate has lapsed seeks a current certificate, it shall
thereafter apply to the Department for reinstatement of the
certificate and pay all fees due to the Department. The
Department may establish a fee for the processing of an
application for reinstatement of a certificate which allows the
Department to pay all costs and expenses incident to the
processing of this application. The Director may waive the fees
due under this Section in individual cases where he finds that
in the particular case such fees would be unreasonable or
unnecessarily burdensome.
(Source: P.A. 85-1209.)
(805 ILCS 10/13) (from Ch. 32, par. 415-13)
Sec. 13. The regulating authority which issued the
certificate of registration may suspend or revoke the
certificate or may otherwise discipline the certificate holder
it for any of the following reasons:
(a) The revocation or suspension of the license to practice
the profession of any officer, director, shareholder or
employee not promptly removed or discharged by the corporation;

(b) unethical professional conduct on the part of any officer,
director, shareholder or employee not promptly removed or
discharged by the corporation; (c) the death of the last
remaining shareholder; (d) upon finding that the holder of a
certificate has failed to comply with the provisions of this
Act or the regulations prescribed by the regulating authority
that issued it; or (e) the failure to file a return, or to pay
the tax, penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
Before any certificate of registration is suspended or
revoked, the holder shall be given written notice of the
proposed action and the reasons therefor, and shall provide a
public hearing by the regulating authority, with the right to
produce testimony and other evidence concerning the charges
made. The notice shall also state the place and date of the
hearing which shall be at least 10 days after service of said
notice.
All orders of regulating authorities denying an
application for a certificate of registration, or suspending or
revoking a certificate of registration, or imposing a civil
penalty shall be subject to judicial review pursuant to the
provisions of the Administrative Review Law, as now or
hereafter amended, and the rules adopted pursuant thereto then

in force.
The proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review is located. If the party is not currently located in
Illinois, the venue shall be in Sangamon County. The regulating
authority shall not be required to certify any record to the
court or file any answer in court or otherwise appear in any
court in a judicial review proceeding, unless and until the
regulating authority has received from the plaintiff payment of
the costs of furnishing and certifying the record, which costs
shall be determined by the regulating authority. Exhibits shall
be certified without cost. Failure on the part of the plaintiff
to file a receipt in court is grounds for dismissal of the
action.
(Source: P.A. 85-1222.)
(805 ILCS 10/13.5 new)
Sec. 13.5. Notice of violation. Whenever the regulating
authority has reason to believe a corporation has opened,
operated, or maintained an establishment for any of the
purposes for which a corporation may be organized under this
Act without a certificate of registration from the regulating
authority authorized by law to license individuals to engage in
the profession or related professions, the regulating
authority may issue a notice of violation to the corporation.
The notice of violation shall provide a period of 30 days from

the date of the notice to either file an answer to the
satisfaction of the regulating authority or submit an
application for registration in compliance with this Act,
including payment of the $50 application fee and a late fee of
$100 for each year that the corporation opened, operated, or
maintained an establishment for any of the purposes for which a
corporation may be organized under this Act without having been
issued a certificate of registration, with a maximum late fee
of $500. If the corporation that is the subject of the notice
of violation fails to respond, fails to respond to the
satisfaction of the regulating authority, or fails to submit an
application for registration, the regulating authority may
institute disciplinary proceedings against the corporation and
may impose a civil penalty up to $1,000 for violation of this
Act after affording the corporation a hearing in conformance
with the requirements of this Act.
(805 ILCS 10/15.5 new)
Sec. 15.5. Confidentiality. All information collected by
the regulating authority in the course of an examination or
investigation of a holder of a certificate of registration or
an applicant, including, but not limited to, any complaint
against a holder of a certificate of registration filed with
the regulating authority and information collected to
investigate any such complaint, shall be maintained for the
confidential use of the regulating authority and shall not be

disclosed. The regulating authority may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the regulating authority, or a party
presenting a lawful subpoena to the regulating authority.
Information and documents disclosed to a federal, State,
county, or local law enforcement agency shall not be disclosed
by the agency for any purpose to any other agency or person. A
formal complaint filed against a holder of a certificate of
registration or an applicant shall be a public record, except
as otherwise prohibited by law.
Section 970. The Medical Corporation Act is amended by
changing Sections 2, 5, 5.1, 8, 10, 11, 12, 13, and 15 and by
adding Sections 13.5 and 16.5 as follows:
(805 ILCS 15/2) (from Ch. 32, par. 632)
Sec. 2. One or more persons licensed pursuant to the
Medical Practice Act of 1987, as heretofore or hereafter
amended, may form a corporation pursuant to the "Business
Corporation Act of 1983", as amended, to own, operate and
maintain an establishment for the study, diagnosis and
treatment of human ailments and injuries, whether physical or
mental, and to promote medical, surgical and scientific
research and knowledge; provided that medical or surgical
treatment, consultation or advice may be given by shareholders,

directors, officers, agents, and employees of the corporation
only if they are licensed pursuant to the Medical Practice Act
of 1987; and provided further, however, that nothing herein
shall prohibit an attorney licensed to practice law in Illinois
from signing and acting as initial incorporator on behalf of
such corporation.
(Source: P.A. 85-1209.)
(805 ILCS 15/5) (from Ch. 32, par. 635)
Sec. 5. No corporation shall open, operate or maintain an
establishment for any of the purposes set forth in Section 2 of
this Act without a certificate of registration from the
Department of Financial and Professional Regulation,
hereinafter called the Department. Application for such
registration shall be made to the Department in writing and
shall contain the name and primary mailing address of the
corporation, the name and address of the corporation's
registered agent, the address of the practice location
maintained by the corporation, each assumed name being used by
the corporation, and such other information as may be required
by the Department. All official correspondence from the
Department shall be mailed to the primary mailing address of
the corporation except that the corporation may elect to have
renewal and non-renewal notices sent to the registered agent of
the corporation. A separate application shall be submitted for
each business location in Illinois. If the corporation is using

more than one fictitious or assumed name and has an address
different from that of the parent company, a separate
application shall be submitted for each fictitious or assumed
name. Upon receipt of such application, the Department shall
make an investigation of the corporation. If the Department
finds that the incorporators, officers, directors and
shareholders are all licensed pursuant to the Medical Practice
Act of 1987 and if no disciplinary action is pending before the
Department against any of them, and if it appears that the
corporation will be conducted in compliance with law and the
regulations of the Department, the Department shall issue, upon
payment of a registration fee of $50, a certificate of
registration.
(Source: P.A. 85-1209.)
(805 ILCS 15/5.1)
Sec. 5.1. Deposit of fees and fines. Beginning July 1,
2003, all of the fees, civil penalties, and fines collected
under this Act shall be deposited into the General Professions
Dedicated Fund.
(Source: P.A. 93-32, eff. 7-1-03.)
(805 ILCS 15/8) (from Ch. 32, par. 638)
Sec. 8. In the event of a change of location of the
registered establishment, the corporation shall notify the
Department, in accordance with its regulations, and the

Department shall amend the certificate of registration so that
it shall apply to the new location.
(Source: Laws 1963, p. 3513.)
(805 ILCS 15/10) (from Ch. 32, par. 640)
Sec. 10. The Department may suspend or revoke any
certificate of registration or may otherwise discipline the
certificate holder for any of the following reasons: (a) the
revocation or suspension of the license to practice medicine of
any officer, director, shareholder or employee not promptly
removed or discharged by the corporation; (b) unethical
professional conduct on the part of any officer, director,
shareholder or employee not promptly removed or discharged by
the corporation; (c) the death of the last remaining
shareholder; or (d) upon finding that the holder of a
certificate has failed to comply with the provisions of this
Act or the regulations prescribed by the Department.
The Department may refuse to issue or renew or may suspend
the certificate of any corporation which fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(Source: P.A. 85-1222.)

(805 ILCS 15/11) (from Ch. 32, par. 641)
Sec. 11. Before any certificate of registration is
suspended or revoked, the holder shall be given written notice
of the proposed action and the reasons therefor, and shall be
given a public hearing by the Department with the right to
produce testimony concerning the charges made. The notice shall
also state the place and date of the hearing which shall be at
least 10 5 days after service of said notice.
(Source: Laws 1963, p. 3513.)
(805 ILCS 15/12) (from Ch. 32, par. 642)
Sec. 12. The provisions of the Administrative Review Law,
as heretofore or hereafter amended, and all rules adopted
pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the
Department hereunder. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
The proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review is located. If the party is not currently located in
Illinois, the venue shall be in Sangamon County. The Department
shall not be required to certify any record to the court or
file any answer in court or otherwise appear in any court in a
judicial review proceeding, unless and until the Department has
received from the plaintiff payment of the costs of furnishing
and certifying the record, which costs shall be determined by

the Department. Exhibits shall be certified without cost.
Failure on the part of the plaintiff to file a receipt in court
is grounds for dismissal of the action.
(Source: P.A. 82-783.)
(805 ILCS 15/13) (from Ch. 32, par. 643)
Sec. 13. (a) All of the officers, directors and
shareholders of a corporation subject to this Act shall at all
times be persons licensed pursuant to the Medical Practice Act
of 1987. No person who is not so licensed shall have any part
in the ownership, management, or control of such corporation,
nor may any proxy to vote any shares of such corporation be
given to a person who is not so licensed. Notwithstanding any
provisions to the contrary in the "Business Corporation Act of
1983", as now or hereafter amended, if all of the shares of a
corporation subject to this Act are owned by one shareholder,
the office of president and secretary may be held by the same
person.
(b) No corporation may issue any of its capital stock to
anyone other than an individual who is duly licensed under the
Medical Practice Act of 1987. No shareholder shall enter into a
voting trust agreement or any other type of agreement vesting
another person with the authority to exercise the voting power
of any of his or her stock.
(c) A corporation may, for purposes of dissolution, have as
its shareholders, directors, officers, agents, and employees

individuals who are not licensed under the Medical Practice Act
of 1987, provided that the corporation does not render any
medical services nor hold itself out as capable of or available
to render medical services during the period of dissolution.
The Department shall not issue or renew any certificate of
authority to a corporation during the period of dissolution. A
copy of the certificate of dissolution, as issued by the
Secretary of State, shall be delivered to the Department within
30 days after its receipt by the incorporators.
(Source: P.A. 85-1209.)
(805 ILCS 15/13.5 new)
Sec. 13.5. Notice of violation. Whenever the Department has
reason to believe a corporation has opened, operated, or
maintained an establishment for any of the purposes for which a
corporation may be organized under this Act without a
certificate of registration from the Department, the
Department may issue a notice of violation to the corporation.
The notice of violation shall provide a period of 30 days from
the date of the notice to either file an answer to the
satisfaction of the Department or submit an application for
registration in compliance with this Act, including payment of
the $50 application fee and a late fee of $100 for each year
that the corporation opened, operated, or maintained an
establishment for any of the purposes for which a corporation
may be organized under this Act without having been issued a

certification of registration, with a maximum late fee of $500.
If the corporation that is the subject of the notice of
violation fails to respond, fails to respond to the
satisfaction of the Department, or fails to submit an
application for registration, the Department may institute
disciplinary proceedings against the corporation and may
impose a civil penalty up to $1,000 for violation of this Act
after affording the corporation a hearing in conformance with
the requirements of this Act.
(805 ILCS 15/15) (from Ch. 32, par. 645)
Sec. 15. Each individual shareholder, director, officer,
agent, or employee licensed pursuant to the Medical Practice
Act of 1987 who is employed by a corporation subject to this
Act shall remain subject to reprimand or discipline for his
conduct under the provisions of the Medical Practice Act of
1987.
(Source: P.A. 85-1209.)
(805 ILCS 15/16.5 new)
Sec. 16.5. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a holder of a certificate of registration or an applicant,
including, but not limited to, any complaint against a holder
of a certificate of registration filed with the Department and
information collected to investigate any such complaint, shall

be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
holder of a certificate of registration by the Department or
any order issued by the Department against a holder of a
certificate of registration or an applicant shall be a public
record, except as otherwise prohibited by law.
Section 975. The Limited Liability Company Act is amended
by changing Sections 1-10, 1-25, 1-28, 5-5, and 5-55 as
follows:
(805 ILCS 180/1-10)
Sec. 1-10. Limited liability company name.
(a) The name of each limited liability company or foreign
limited liability company organized, existing, or subject to
the provisions of this Act:
(1) shall contain the terms "limited liability
company", "L.L.C.", or "LLC", or, if organized as a
low-profit limited liability company under Section 1-26 of

this Act, shall contain the term "L3C";
(2) may not contain a word or phrase, or an
abbreviation or derivation thereof, the use of which is
prohibited or restricted by any other statute of this State
unless the restriction has been complied with;
(3) shall consist of letters of the English alphabet,
Arabic or Roman numerals, or symbols capable of being
readily reproduced by the Office of the Secretary of State;
(4) shall not contain any of the following terms:
"Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"
"Co.," "Limited Partnership" or "L.P.";
(5) shall be the name under which the limited liability
company transacts business in this State unless the limited
liability company also elects to adopt an assumed name or
names as provided in this Act; provided, however, that the
limited liability company may use any divisional
designation or trade name without complying with the
requirements of this Act, provided the limited liability
company also clearly discloses its name;
(6) shall not contain any word or phrase that indicates
or implies that the limited liability company is authorized
or empowered to be in the business of a corporate fiduciary
unless otherwise permitted by the Secretary of Financial
and Professional Regulation Commissioner of the Office of
Banks and Real Estate under Section 1-9 of the Corporate
Fiduciary Act. The word "trust", "trustee", or "fiduciary"

may be used by a limited liability company only if it has
first complied with Section 1-9 of the Corporate Fiduciary
Act; and
(7) shall contain the word "trust", if it is a limited
liability company organized for the purpose of accepting
and executing trusts. ; and
(8) shall not, as to any limited liability company
organized or amending its company name on or after April 3,
2009 (the effective date of Public Act 96-7), without the
express written consent of the United States Olympic
Committee, contain the words: (i) "Olympic"; (ii)
"Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v)
"Citius Altius Fortius"; or (vi) "CHICOG".
(b) Nothing in this Section or Section 1-20 shall abrogate
or limit the common law or statutory law of unfair competition
or unfair trade practices, nor derogate from the common law or
principles of equity or the statutes of this State or of the
United States of America with respect to the right to acquire
and protect copyrights, trade names, trademarks, service
marks, service names, or any other right to the exclusive use
of names or symbols.
(c) (Blank).
(d) The name shall be distinguishable upon the records in
the Office of the Secretary of State from all of the following:
(1) Any limited liability company that has articles of
organization filed with the Secretary of State under

Section 5-5.
(2) Any foreign limited liability company admitted to
transact business in this State.
(3) Any name for which an exclusive right has been
reserved in the Office of the Secretary of State under
Section 1-15.
(4) Any assumed name that is registered with the
Secretary of State under Section 1-20.
(5) Any corporate name or assumed corporate name of a
domestic or foreign corporation subject to the provisions
of Section 4.05 of the Business Corporation Act of 1983 or
Section 104.05 of the General Not For Profit Corporation
Act of 1986.
(e) The provisions of subsection (d) of this Section shall
not apply if the organizer files with the Secretary of State a
certified copy of a final decree of a court of competent
jurisdiction establishing the prior right of the applicant to
the use of that name in this State.
(f) The Secretary of State shall determine whether a name
is "distinguishable" from another name for the purposes of this
Act. Without excluding other names that may not constitute
distinguishable names in this State, a name is not considered
distinguishable, for purposes of this Act, solely because it
contains one or more of the following:
(1) The word "limited", "liability" or "company" or an
abbreviation of one of those words.

(2) Articles, conjunctions, contractions,
abbreviations, or different tenses or number of the same
word.
(Source: P.A. 98-720, eff. 7-16-14.)
(805 ILCS 180/1-25)
Sec. 1-25. Nature of business.
(a) A limited liability company may be formed for any
lawful purpose or business except:
(1) (blank);
(2) insurance unless, for the purpose of carrying on
business as a member of a group including incorporated and
individual unincorporated underwriters, the Director of
Insurance finds that the group meets the requirements of
subsection (3) of Section 86 of the Illinois Insurance Code
and the limited liability company, if insolvent, is subject
to liquidation by the Director of Insurance under Article
XIII of the Illinois Insurance Code;
(3) the practice of dentistry unless all the members
and managers are licensed as dentists under the Illinois
Dental Practice Act; or
(4) the practice of medicine unless all the managers,
if any, are licensed to practice medicine under the Medical
Practice Act of 1987 and each member is either:
(A) licensed to practice medicine under the
Medical Practice Act of 1987; or

(B) a registered medical corporation or
corporations organized pursuant to the Medical
Corporation Act; or
(C) a professional corporation organized pursuant
to the Professional Service Corporation Act of
physicians licensed to practice under the Medical
Practice Act of 1987; or
(C-5) a hospital or hospital affiliate as defined
in Section 10.8 of the Hospital Licensing Act; or
(D) a limited liability company that satisfies the
requirements of subparagraph (A), (B), or (C), or
(C-5); .
(5) the practice of real estate unless all the
managers, if any, or every member in a member-managed
company are licensed to practice as a managing broker or
broker pursuant to the Real Estate License Act of 2000;
(6) the practice of clinical psychology unless all the
managers and members are licensed to practice as a clinical
psychologist under the Clinical Psychologist Licensing
Act;
(7) the practice of social work unless all the managers
and members are licensed to practice as a clinical social
worker or social worker under the Clinical Social Work and
Social Work Practice Act;
(8) the practice of marriage and family therapy unless
all the managers and members are licensed to practice as a

marriage and family therapist under the Marriage and Family
Therapy Licensing Act;
(9) the practice of professional counseling unless all
the managers and members are licensed to practice as a
clinical professional counselor or a professional
counselor under the Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act;
(10) the practice of sex offender evaluations unless
all the managers and members are licensed to practice as a
sex offender evaluator under the Sex Offender Evaluation
and Treatment Provider Act; or
(11) the practice of veterinary medicine unless all the
managers and members are licensed to practice as a
veterinarian under the Veterinary Medicine and Surgery
Practice Act of 2004.
(b) Notwithstanding any provision of this Section, any of
the following professional services may be combined and offered
within a single company provided that each professional service
is only offered by persons licensed to provide that
professional service and all managers and members are licensed
in at least one of the professional services offered by the
company:
(1) the practice of medicine by physicians licensed
under the Medical Practice Act of 1987, the practice of
podiatry by podiatrists licensed under the Podiatric
Medical Practice Act of 1987, the practice of dentistry by

dentists licensed under the Illinois Dental Practice Act,
and the practice of optometry by optometrists licensed
under the Illinois Optometric Practice Act of 1987; or
(2) the practice of clinical psychology by clinical
psychologists licensed under the Clinical Psychologist
Licensing Act, the practice of social work by clinical
social workers or social workers licensed under the
Clinical Social Work and Social Work Practice Act, the
practice of marriage and family counseling by marriage and
family therapists licensed under the Marriage and Family
Therapy Licensing Act, the practice of professional
counseling by professional counselors and clinical
professional counselors licensed under the Professional
Counselor and Clinical Professional Counselor Licensing
and Practice Act, and the practice of sex offender
evaluations by sex offender evaluators licensed under the
Sex Offender Evaluation and Treatment Provider Act.
(c) Professional limited liability companies may be
organized under this Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-738, eff. 1-1-09.)
(805 ILCS 180/1-28)
Sec. 1-28. Certificate of Registration; Department of
Financial and Professional Regulation. This Section applies
only to a limited liability company that intends to provide, or
does provide, professional services that require the

individuals engaged in the profession to be licensed by the
Department of Financial and Professional Regulation. A limited
liability company covered by this Section shall not open,
operate, or maintain an establishment for any of the purposes
for which a limited liability company may be organized under
this Act without obtaining a certificate of registration from
the Department pursuant to the Professional Limited Liability
Company Act.
Application for such registration shall be made in writing
and shall contain the name and address of the limited liability
company and such other information as may be required by the
Department. Upon receipt of such application, the Department
shall make an investigation of the limited liability company.
If the Department finds that the organizers, managers, and
members are each licensed pursuant to the laws of Illinois to
engage in the particular profession or related professions
involved (except that an initial organizer may be a licensed
attorney) and if no disciplinary action is pending before the
Department against any of them and if it appears that the
limited liability company will be conducted in compliance with
the law and the rules and regulations of the Department, the
Department shall issue, upon payment of a registration fee of
$50, a certificate of registration.
Upon written application of the holder, the Department
shall renew the certificate if it finds that the limited
liability company has complied with its regulations and the

provisions of this Act and the applicable licensing Act. This
fee for the renewal of a certificate of registration shall be
calculated at the rate of $40 per year. The certificate of
registration shall be conspicuously posted upon the premises to
which it is applicable, and the limited liability company shall
have only those offices which are designated by street address
in the articles of organization, or as changed by amendment of
such articles. A certificate of registration shall not be
assignable.
All fees collected under this Section shall be deposited
into the General Professions Dedicated Fund.
(Source: P.A. 96-679, eff. 8-25-09; 96-984, eff. 1-1-11;
96-1000, eff. 7-2-10.)
(805 ILCS 180/5-5)
Sec. 5-5. Articles of organization.
(a) The articles of organization shall set forth all of the
following:
(1) The name of the limited liability company and the
address of its principal place of business which may, but
need not be a place of business in this State.
(2) The purposes for which the limited liability
company is organized, which may be stated to be, or to
include, the transaction of any or all lawful businesses
for which limited liability companies may be organized
under this Act.

(3) The name of its registered agent and the address of
its registered office.
(4) If the limited liability company is to be managed
by a manager or managers, the names and business addresses
of the initial manager or managers.
(5) If management of the limited liability company is
to be vested in the members under Section 15-1, then the
names and addresses of the initial member or members.
(5.5) The duration of the limited liability company,
which shall be perpetual unless otherwise stated.
(6) (Blank).
(7) The name and address of each organizer.
(8) Any other provision, not inconsistent with law,
that the members elect to set out in the articles of
organization for the regulation of the internal affairs of
the limited liability company, including any provisions
that, under this Act, are required or permitted to be set
out in the operating agreement of the limited liability
company.
(b) A limited liability company is organized at the time
articles of organization are filed by the Secretary of State or
at any later time, not more than 60 days after the filing of
the articles of organization, specified in the articles of
organization.
(c) Articles of organization for the organization of a
limited liability company for the purpose of accepting and

executing trusts shall not be filed by the Secretary of State
until there is delivered to him or her a statement executed by
the Secretary of Financial and Professional Regulation
Commissioner of the Office of Banks and Real Estate that the
organizers of the limited liability company have made
arrangements with the Secretary of Financial and Professional
Regulation Commissioner of the Office of Banks and Real Estate
to comply with the Corporate Fiduciary Act.
(d) Articles of organization for the organization of a
limited liability company as a bank or a savings bank must be
filed with the Department of Financial and Professional
Regulation Commissioner of Banks and Real Estate or, if the
bank or savings bank will be organized under federal law, with
the appropriate federal banking regulator.
(Source: P.A. 98-171, eff. 8-5-13.)
(805 ILCS 180/5-55)
Sec. 5-55. Filing in Office of Secretary of State.
(a) Whenever any provision of this Act requires a limited
liability company to file any document with the Office of the
Secretary of State, the requirement means that:
(1) the original document, executed as described in
Section 5-45, and, if required by this Act to be filed in
duplicate, one copy (which may be a signed carbon or
photocopy) shall be delivered to the Office of the
Secretary of State;

(2) all fees and charges authorized by law to be
collected by the Secretary of State in connection with the
filing of the document shall be tendered to the Secretary
of State; and
(3) unless the Secretary of State finds that the
document does not conform to law, he or she shall, when all
fees have been paid:
(A) endorse on the original and on the copy the
word "Filed" and the month, day, and year of the filing
thereof;
(B) file in his or her office the original of the
document; and
(C) return the copy to the person who filed it or
to that person's representative.
(b) If another Section of this Act specifically prescribes
a manner of filing or signing a specified document that differs
from the corresponding provisions of this Section, then the
provisions of the other Section shall govern.
(c) Whenever any provision of this Act requires a limited
liability company that is a bank or a savings bank to file any
document, that requirement means that the filing shall be made
exclusively with the Department of Financial and Professional
Regulation Commissioner of Banks and Real Estate or, if the
bank or savings bank is organized under federal law, with the
appropriate federal banking regulator at such times and in such
manner as required by the Department Commissioner or federal

regulator.
(Source: P.A. 92-33, eff. 7-1-01; 93-561, eff. 1-1-04.)