Bill Text: IL HB5862 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Real Estate License Act of 2000. Provides that a real estate broker or managing broker may not engage in discrimination when preparing a broker price opinion or comparative market analysis for residential real estate. Provides that a real estate broker or managing broker engages in discrimination when he or she considers the actual or perceived race, color, religion, or national origin of the owner of the real estate or the residents of the geographic area in which the real estate is located when determining the market value of the real estate. Amends the Real Estate Appraiser Licensing Act of 2002. Provides that an appraiser may not engage in discrimination when preparing a comparative market analysis for residential real estate. Provides that an appraiser engages in discrimination when he or she considers the actual or perceived race, color, religion, or national origin of the owner of the real estate or the residents of the geographic area in which the real estate is located when determining the market value of the real estate. Provides for a private right of action in the circuit court and a civil action initiated by the Illinois Attorney General. Provides for professional discipline of brokers and appraisers who engage in discrimination.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-11-10 - Referred to Rules Committee [HB5862 Detail]

Download: Illinois-2019-HB5862-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5862 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
225 ILCS 454/10-45
225 ILCS 454/20-20
225 ILCS 458/10-25 new
225 ILCS 458/15-10
Amends the Real Estate License Act of 2000. Provides that a real estate broker or managing broker may not engage in discrimination when preparing a broker price opinion or comparative market analysis for residential real estate. Provides that a real estate broker or managing broker engages in discrimination when he or she considers the actual or perceived race, color, religion, or national origin of the owner of the real estate or the residents of the geographic area in which the real estate is located when determining the market value of the real estate. Amends the Real Estate Appraiser Licensing Act of 2002. Provides that an appraiser may not engage in discrimination when preparing a comparative market analysis for residential real estate. Provides that an appraiser engages in discrimination when he or she considers the actual or perceived race, color, religion, or national origin of the owner of the real estate or the residents of the geographic area in which the real estate is located when determining the market value of the real estate. Provides for a private right of action in the circuit court and a civil action initiated by the Illinois Attorney General. Provides for professional discipline of brokers and appraisers who engage in discrimination.
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HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning real estate appraisal.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Real Estate License Act of 2000 is amended
by changing Sections 10-45 and 20-20 as follows:
(225 ILCS 454/10-45)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-45. Broker price opinions and comparative market
analyses.
(a) A broker price opinion or comparative market analysis
may be prepared or provided by a real estate broker or managing
broker for any of the following:
(1) an existing or potential buyer or seller of an
interest in real estate;
(2) an existing or potential lessor or lessee of an
interest in real estate;
(3) a third party making decisions or performing due
diligence related to the potential listing, offering,
sale, option, lease, or acquisition price of an interest in
real estate; or
(4) an existing or potential lienholder or other third
party for any purpose other than as the primary basis to
determine the market value of an interest in real estate

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for the purpose of a mortgage loan origination by a
financial institution secured by such real estate.
(b) A broker price opinion or comparative market analysis
shall be in writing either on paper or electronically and shall
include the following provisions:
(1) a statement of the intended purpose of the broker
price opinion or comparative market analysis;
(2) a brief description of the interest in real estate
that is the subject of the broker price opinion or
comparative market analysis;
(3) a brief description of the methodology used to
develop the broker price opinion or comparative market
analysis;
(4) any assumptions or limiting conditions;
(5) a disclosure of any existing or contemplated
interest of the broker or managing broker in the interest
in real estate that is the subject of the broker price
opinion or comparative market analysis;
(6) the name, license number, and signature of the
broker or managing broker that developed the broker price
opinion or comparative market analysis;
(7) a statement in substantially the following form:
"This is a broker price opinion/comparative market
analysis, not an appraisal of the market value of the real
estate, and was prepared by a licensed real estate broker
or managing broker who was not acting as a State certified

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real estate appraiser."; and
(8) such other items as the broker or managing broker
may deem appropriate.
(b) A real estate broker or managing broker shall not
discriminate when preparing a broker price opinion or
comparative market analysis for residential real estate. For
the purposes of this Section, a real estate broker or managing
broker discriminates when he or she considers the actual or
perceived race, color, religion, or national origin of the
owner of the real estate or the residents of the geographic
area in which the real estate is located when determining the
market value of the real estate. In addition to the
disciplinary procedures set forth in Section 20-20, an
aggrieved party may commence a civil action alleging
discrimination in an appropriate circuit court not later than 2
years after the occurrence that constitutes discrimination
under this subsection (b). Such a civil action shall be subject
to the same procedures, rights, and remedies as a civil action
alleging a civil rights violation under Section 10-102 of the
Illinois Human Rights Act. A circuit court action may also be
initiated by the Illinois Attorney General whenever the
Illinois Attorney General has reasonable cause to believe that
a real estate broker or managing broker is engaged in a pattern
and practice of discrimination prohibited by this subsection.
Such a civil action shall be subject to the same procedures,
rights, and remedies as a civil action alleging a civil rights

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violation under Section 10-104 of the Illinois Human Rights
Act.
(Source: P.A. 101-71, eff. 7-12-19.)
(225 ILCS 454/20-20)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-20. Nature of and 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 licensee's conviction of or plea of guilty or
plea of nolo contendere to: (A) a felony or misdemeanor in
this State or any other jurisdiction; or (B) 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

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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 and located
within 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 or
temporary permit was expired or while the license was
inactive, revoked, or suspended.

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(7) Cheating on or attempting to subvert the Real
Estate License Exam or a continuing education course or
examination.
(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, or
performing licensed activities for, 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

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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 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 Revised Uniform 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

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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 or licensee to
timely provide sponsorship or termination of sponsorship
information to the Department.
(21) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, including, but not limited to,
conduct set forth in rules adopted by the Department.
(22) Commingling the money or property of others with
his or her own money or property.

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(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 residential leasing agent 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) A licensee under this Act or an unlicensed
individual offering guaranteed sales plans, as defined in
Section 10-50, except to the extent set forth in Section
10-50.
(30) Influencing or attempting to influence, by any

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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.

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(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) (Blank).
(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 adopted by the Department to
enforce this Act or aiding or abetting any individual,

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foreign or domestic partnership, registered limited
liability partnership, limited liability company,
corporation, or other business entity in disregarding any
provision of this Act or the published rules adopted 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 of or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in a managing broker, broker, or
residential 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.
(44) Permitting any residential leasing agent or
temporary residential leasing agent permit holder to
engage in activities that require a broker's or managing
broker's license.
(45) Failing to notify the Department of any criminal
conviction that occurs during the licensee's term of
licensure within 30 days after the conviction.
(46) A designated managing broker's failure to provide
an appropriate written company policy or failure to perform

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any of the duties set forth in Section 10-55.
(47) Engaging in discrimination as provided in
subsection (b) of Section 10-45.
(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 Department of Professional Regulation Law of the
Civil Administrative Code of Illinois.
(c) (Blank).
(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 Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(e) In enforcing this Section, the Department or Board upon

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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

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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. 100-22, eff. 1-1-18; 100-188, eff. 1-1-18;
100-534, eff. 9-22-17; 100-831, eff. 1-1-19; 100-863, eff.

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8-14-18; 100-872, eff. 8-14-18; 101-81, eff. 7-12-19; 101-357,
eff. 8-9-19.)
Section 10. The Real Estate Appraiser Licensing Act of 2002
is amended by changing Section 15-10 and by adding Section
10-25 as follows:
(225 ILCS 458/10-25 new)
Sec. 10-25. Discrimination prohibited. An appraiser shall
not discriminate when preparing a comparative market analysis
for residential real estate. For the purposes of this Section,
an appraiser discriminates when he or she considers the actual
or perceived race, color, religion, or national origin of the
owner of the real estate or the residents of the geographic
area in which the real estate is located when determining the
market value of the real estate. In addition to the
disciplinary procedures set forth in Section 15-10, an
aggrieved party may commence a civil action alleging
discrimination in an appropriate circuit court not later than 2
years after the occurrence that constitutes discrimination
under this Section. Such a civil action shall be subject to the
same procedures, rights, and remedies as a civil action
alleging a civil rights violation under Section 10-102 of the
Illinois Human Rights Act. A circuit court action may also be
initiated by the Illinois Attorney General whenever the
Illinois Attorney General has reasonable cause to believe that

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an appraiser is engaged in a pattern and practice of
discrimination prohibited by this Section. Such a civil action
shall be subject to the same procedures, rights, and remedies
as a civil action alleging a civil rights violation under
Section 10-104 of the Illinois Human Rights Act.
(225 ILCS 458/15-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-10. Grounds for disciplinary action.
(a) The Department may suspend, revoke, refuse to issue,
renew, or restore a license and may reprimand place on
probation or administrative supervision, or take any
disciplinary or non-disciplinary action, including imposing
conditions limiting the scope, nature, or extent of the real
estate appraisal practice of a licensee or reducing the
appraisal rank of a licensee, and may impose an administrative
fine not to exceed $25,000 for each violation upon a licensee
for any one or combination of the following:
(1) Procuring or attempting to procure a license by
knowingly making a false statement, submitting false
information, engaging in any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application for
licensure.
(2) Failing to meet the minimum qualifications for
licensure as an appraiser established by this Act.

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(3) Paying money, other than for the fees provided for
by this Act, or anything of value to a member or employee
of the Board or the Department to procure licensure under
this Act.
(4) 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, under
the laws of any jurisdiction of the United States: (i) that
is a felony; or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession.
(5) Committing an act or omission involving
dishonesty, fraud, or misrepresentation with the intent to
substantially benefit the licensee or another person or
with intent to substantially injure another person as
defined by rule.
(6) Violating a provision or standard for the
development or communication of real estate appraisals as
provided in Section 10-10 of this Act or as defined by
rule.
(7) Failing or refusing without good cause to exercise
reasonable diligence in developing, reporting, or
communicating an appraisal, as defined by this Act or by
rule.

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(8) Violating a provision of this Act or the rules
adopted pursuant to this Act.
(9) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, a
governmental agency, or any other entity authorized to
impose discipline if at least one of the grounds for that
discipline is the same as or the equivalent of one of the
grounds for which a licensee may be disciplined under this
Act.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(11) Accepting an appraisal assignment when the
employment itself is contingent upon the appraiser
reporting a predetermined estimate, analysis, or opinion
or when the fee to be paid is contingent upon the opinion,
conclusion, or valuation reached or upon the consequences
resulting from the appraisal assignment.
(12) Developing valuation conclusions based on the
race, color, religion, sex, national origin, ancestry,
age, marital status, family status, physical or mental
disability, or unfavorable military discharge, as defined
under the Illinois Human Rights Act, of the prospective or
present owners or occupants of the area or property under
appraisal.
(13) Violating the confidential nature of government

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records to which the licensee gained access through
employment or engagement as an appraiser by a government
agency.
(14) Being adjudicated liable in a civil proceeding on
grounds of fraud, misrepresentation, or deceit. In a
disciplinary proceeding based upon a finding of civil
liability, the appraiser shall be afforded an opportunity
to present mitigating and extenuating circumstances, but
may not collaterally attack the civil adjudication.
(15) Being adjudicated liable in a civil proceeding for
violation of a state or federal fair housing law.
(16) Engaging in misleading or untruthful advertising
or using a trade name or insignia of membership in a real
estate appraisal or real estate organization of which the
licensee is not a member.
(17) Failing to fully cooperate with a Department
investigation by knowingly making a false statement,
submitting false or misleading information, or refusing to
provide complete information in response to written
interrogatories or a written request for documentation
within 30 days of the request.
(18) Failing to include within the certificate of
appraisal for all written appraisal reports the
appraiser's license number and licensure title. All
appraisers providing significant contribution to the
development and reporting of an appraisal must be disclosed

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in the appraisal report. It is a violation of this Act for
an appraiser to sign a report, transmittal letter, or
appraisal certification knowing that a person providing a
significant contribution to the report has not been
disclosed in the appraisal report.
(19) Violating the terms of a disciplinary order or
consent to administrative supervision order.
(20) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a licensee's inability to practice with
reasonable judgment, skill, or safety.
(21) A physical or mental illness or disability which
results in the inability to practice under this Act with
reasonable judgment, skill, or safety.
(22) Gross negligence in developing an appraisal or in
communicating an appraisal or failing to observe one or
more of the Uniform Standards of Professional Appraisal
Practice.
(23) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(24) Using or attempting to use the seal, certificate,
or license of another as his or her own; falsely
impersonating any duly licensed appraiser; using or
attempting to use an inactive, expired, suspended, or
revoked license; or aiding or abetting any of the

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foregoing.
(25) Solicitation of professional services by using
false, misleading, or deceptive advertising.
(26) Making a material misstatement in furnishing
information to the Department.
(27) Failure to furnish information to the Department
upon written request.
(28) Engaging in discrimination as provided in Section
10-25.
(b) The Department may reprimand suspend, revoke, or refuse
to issue or renew an education provider's license, may
reprimand, place on probation, or otherwise discipline an
education provider and may suspend or revoke the course
approval of any course offered by an education provider and may
impose an administrative fine not to exceed $25,000 upon an
education provider, for any of the following:
(1) Procuring or attempting to procure licensure by
knowingly making a false statement, submitting false
information, engaging in any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application for
licensure.
(2) Failing to comply with the covenants certified to
on the application for licensure as an education provider.
(3) Committing an act or omission involving
dishonesty, fraud, or misrepresentation or allowing any

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such act or omission by any employee or contractor under
the control of the provider.
(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in
accordance with rules adopted under this Act.
(6) Failing to meet the topic or time requirements for
course approval as the provider of a qualifying curriculum
course or a continuing education course.
(7) Failing to administer an approved course using the
course materials, syllabus, and examinations submitted as
the basis of the course approval.
(8) Failing to provide an appropriate classroom
environment for presentation of courses, with
consideration for student comfort, acoustics, lighting,
seating, workspace, and visual aid material.
(9) Failing to maintain student records in compliance
with the rules adopted under this Act.
(10) Failing to provide a certificate, transcript, or
other student record to the Department or to a student as
may be required by rule.
(11) Failing to fully cooperate with an investigation
by the Department by knowingly making a false statement,
submitting false or misleading information, or refusing to
provide complete information in response to written
interrogatories or a written request for documentation
within 30 days of the request.

HB5862 - 24 - LRB101 22939 HLH 74037 b
(c) In appropriate cases, the Department may resolve a
complaint against a licensee through the issuance of a Consent
to Administrative Supervision order. A licensee subject to a
Consent to Administrative Supervision order shall be
considered by the Department as an active licensee in good
standing. This order shall not be reported or considered by the
Department to be a discipline of the licensee. The records
regarding an investigation and a Consent to Administrative
Supervision order shall be considered confidential and shall
not be released by the Department except as mandated by law. A
complainant shall be notified if his or her complaint has been
resolved by a Consent to Administrative Supervision order.
(Source: P.A. 97-602, eff. 8-26-11; 97-877, eff. 8-2-12;
98-1109, eff. 1-1-15.)