Bill Text: IL SB1674 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Auction License Act from January 1, 2020 to January 1, 2030. Amends the Auction License Act. Removes references to associate auctioneers, sponsoring auctioneers, and sponsor cards throughout the Act. Makes changes concerning definitions. Requires that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Allows for service of certain notices by email. Repeals provisions concerning surrender of licenses. Makes other changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0345 [SB1674 Detail]
Download: Illinois-2019-SB1674-Enrolled.html
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Auction License Act from January 1, 2020 to January 1, 2030. Amends the Auction License Act. Removes references to associate auctioneers, sponsoring auctioneers, and sponsor cards throughout the Act. Makes changes concerning definitions. Requires that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Allows for service of certain notices by email. Repeals provisions concerning surrender of licenses. Makes other changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0345 [SB1674 Detail]
Download: Illinois-2019-SB1674-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.30 and by adding Section 4.40 as follows:
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6 | (5 ILCS 80/4.30) | ||||||
7 | Sec. 4.30. Acts repealed on January 1, 2020. The following | ||||||
8 | Acts are repealed on January 1, 2020: | ||||||
9 | The Auction License Act. | ||||||
10 | The Community Association Manager Licensing and | ||||||
11 | Disciplinary Act. | ||||||
12 | The Illinois Architecture Practice Act of 1989. | ||||||
13 | The Illinois Landscape Architecture Act of 1989. | ||||||
14 | The Illinois Professional Land Surveyor Act of 1989. | ||||||
15 | The Orthotics, Prosthetics, and Pedorthics Practice Act. | ||||||
16 | The Perfusionist Practice Act.
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17 | The Pharmacy Practice Act. | ||||||
18 | The Professional Engineering Practice Act of 1989. | ||||||
19 | The Real Estate License Act of 2000. | ||||||
20 | The Structural Engineering Practice Act of 1989. | ||||||
21 | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | ||||||
22 | 100-863, eff. 8-14-18.)
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1 | (5 ILCS 80/4.40 new) | ||||||
2 | Sec. 4.40. Act repealed on January 1, 2030. The following | ||||||
3 | Act is repealed on January 1, 2030: | ||||||
4 | The Auction License Act.
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5 | Section 10. The Auction License Act is amended by changing | ||||||
6 | Sections 5-10, 10-5, 10-40, 10-45, 15-5, 15-15, 20-15, 20-43, | ||||||
7 | and 20-56 and by adding Section 10-22 as follows:
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8 | (225 ILCS 407/5-10)
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9 | (Section scheduled to be repealed on January 1, 2020)
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10 | Sec. 5-10. Definitions. As used in this Act:
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11 | "Advertisement" means any written, oral, or electronic | ||||||
12 | communication that
contains a promotion, inducement, or offer | ||||||
13 | to conduct an auction or offer to
provide an auction service, | ||||||
14 | including but not limited to brochures, pamphlets,
radio and | ||||||
15 | television scripts, telephone and direct mail solicitations,
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16 | electronic media, and other means of promotion.
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17 | "Advisory Board" or "Board" means the Auctioneer Advisory | ||||||
18 | Board.
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19 | "Associate auctioneer" means a person who conducts an | ||||||
20 | auction, but who is
under the direct supervision of, and is | ||||||
21 | sponsored by, a licensed auctioneer
or auction firm.
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22 | "Auction" means the sale or lease of property, real or | ||||||
23 | personal, by means
of exchanges between an auctioneer and | ||||||
24 | prospective
purchasers or lessees, which consists of a series |
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1 | of invitations for offers
made by the auctioneer and offers by | ||||||
2 | prospective
purchasers or lessees for the purpose of obtaining | ||||||
3 | an acceptable offer for
the sale or lease of the property, | ||||||
4 | including the sale or lease of property
via mail, | ||||||
5 | telecommunications, or the Internet.
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6 | "Auction contract" means a written agreement between an | ||||||
7 | auctioneer or auction firm and a seller or sellers.
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8 | "Auction firm" means any corporation, partnership, or | ||||||
9 | limited liability
company that acts as an auctioneer and | ||||||
10 | provides an auction service.
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11 | "Auction school" means any educational institution, public | ||||||
12 | or private,
that which offers a curriculum of auctioneer | ||||||
13 | education and training approved
by the Department.
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14 | "Auction service" means the service of arranging, | ||||||
15 | managing, advertising,
or conducting auctions.
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16 | "Auctioneer" means a person or entity who, for another, for | ||||||
17 | a fee,
compensation, commission, or any other valuable | ||||||
18 | consideration at auction or
with the intention or expectation | ||||||
19 | of receiving valuable consideration by the
means of or process | ||||||
20 | of an auction or sale at auction or providing an auction
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21 | service, offers, negotiates, or attempts to negotiate an | ||||||
22 | auction contract,
sale, purchase, or exchange of goods, | ||||||
23 | chattels, merchandise, personal property,
real property, or | ||||||
24 | any commodity that may be lawfully kept or offered for sale
by | ||||||
25 | or at auction.
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26 | "Address of record Record " means the designated address |
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1 | recorded by the Department in the applicant's or licensee's | ||||||
2 | application file or license file maintained by the Department. | ||||||
3 | It is the duty of the applicant or licensee to inform the | ||||||
4 | Department of any change of address, and such changes must be | ||||||
5 | made either through the Department's website or by directly | ||||||
6 | contacting the Department. | ||||||
7 | "Buyer premium" means any fee or compensation paid by the | ||||||
8 | successful purchaser of property sold or leased at or by | ||||||
9 | auction, to the auctioneer, auction firms, seller, lessor, or | ||||||
10 | other party to the transaction, other than the purchase price. | ||||||
11 | "Department" means the Department of Financial and | ||||||
12 | Professional Regulation.
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13 | "Division" means the Division of Real Estate within the | ||||||
14 | Department. | ||||||
15 | "Email address of record" means the designated email | ||||||
16 | address recorded by the Department in the applicant's | ||||||
17 | application file or the licensee's license file maintained by | ||||||
18 | the Department's licensure maintenance unit. | ||||||
19 | "Goods" means chattels, movable goods, merchandise, or | ||||||
20 | personal property or
commodities of any form or type that may | ||||||
21 | be lawfully kept or offered for sale.
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22 | "Interactive computer service" means any information | ||||||
23 | service, system, or access software provider that provides or | ||||||
24 | enables computer access by multiple users to a computer server, | ||||||
25 | including specifically a service or system that provides access | ||||||
26 | to the Internet. |
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1 | "Internet auction listing service" means a website on the | ||||||
2 | Internet, or other interactive computer service, that is | ||||||
3 | designed to allow or advertise as a means of allowing users to | ||||||
4 | offer personal property or services for sale or lease to a | ||||||
5 | prospective buyer or lessee through an online on-line bid | ||||||
6 | submission process using that website or interactive computer | ||||||
7 | service and that does not examine, set the price, prepare the | ||||||
8 | description of the personal property or service to be offered, | ||||||
9 | or in any way utilize the services of a natural person as an | ||||||
10 | auctioneer. | ||||||
11 | "Licensee" means any person licensed under this Act.
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12 | "Managing auctioneer" means any person licensed as an | ||||||
13 | auctioneer who manages
and supervises licensees sponsored by an | ||||||
14 | auction firm or auctioneer .
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15 | "Person" means an individual, association, partnership, | ||||||
16 | corporation, or
limited liability company or the officers, | ||||||
17 | directors, or employees of the same.
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18 | "Pre-renewal period" means the 24 months prior to the | ||||||
19 | expiration date of a
license issued under this Act.
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20 | "Real estate" means real estate as defined in Section 1-10 | ||||||
21 | of the Real Estate License Act of 2000 or its successor Acts. | ||||||
22 | "Secretary" means the Secretary of the Department of | ||||||
23 | Financial and Professional Regulation or his or her designee.
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24 | "Sponsoring auctioneer" means the auctioneer or auction | ||||||
25 | firm who has issued a
sponsor card to a licensed auctioneer.
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26 | "Sponsor card" means the temporary permit issued by the
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1 | sponsoring auctioneer certifying that the licensee named | ||||||
2 | thereon is employed
by or associated with the sponsoring | ||||||
3 | auctioneer and the sponsoring auctioneer
shall be responsible | ||||||
4 | for the actions of the sponsored licensee.
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5 | (Source: P.A. 100-534, eff. 9-22-17.)
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6 | (225 ILCS 407/10-5)
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7 | (Section scheduled to be repealed on January 1, 2020)
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8 | Sec. 10-5. Requirements for auctioneer license; | ||||||
9 | application. Every
person
who desires
to obtain an auctioneer | ||||||
10 | license under this Act shall:
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11 | (1) apply to the Department on forms provided by the | ||||||
12 | Department accompanied by the required
fee;
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13 | (2) be at least 18 years of age;
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14 | (3) have attained a high school diploma or successfully | ||||||
15 | completed an
equivalent
course of study determined by an | ||||||
16 | examination conducted by the Illinois State
Board of | ||||||
17 | Education; and
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18 | (4) pass a written examination authorized by the | ||||||
19 | Department to
prove
competence, including but not limited | ||||||
20 | to general knowledge of Illinois and
federal laws | ||||||
21 | pertaining
to personal property contracts, auctions, real | ||||||
22 | property, ethics, and other topics relating to the auction
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23 | business . ; and
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24 | (5) submit to the Department a properly completed | ||||||
25 | 45-Day Permit Sponsor Card on
forms
provided by the |
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1 | Department.
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2 | (Source: P.A. 95-572, eff. 6-1-08 .)
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3 | (225 ILCS 407/10-22 new) | ||||||
4 | Sec. 10-22. Address of record; email address of record. All | ||||||
5 | applicants and licensees shall: | ||||||
6 | (1) provide a valid address and email address to the | ||||||
7 | Department, which shall serve as the address of record and | ||||||
8 | email address of record, respectively, at the time of | ||||||
9 | application for licensure or renewal of a license; and | ||||||
10 | (2) inform the Department of any change of address of | ||||||
11 | record or email address of record within 14 days after such | ||||||
12 | change either through the Department's website or by | ||||||
13 | contacting the Department's licensure maintenance unit.
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14 | (225 ILCS 407/10-40)
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15 | (Section scheduled to be repealed on January 1, 2020) | ||||||
16 | Sec. 10-40. Restoration.
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17 | (a) A licensee whose license has lapsed or expired shall | ||||||
18 | have 2 years from
the
expiration date
to restore his or her | ||||||
19 | license without examination. The expired licensee shall
make | ||||||
20 | application to the Department on forms provided by the | ||||||
21 | Department, including a properly completed 45-day
permit | ||||||
22 | sponsor card,
provide evidence of successful completion of 12 | ||||||
23 | hours of approved continuing
education during the
period of | ||||||
24 | time the license had lapsed, and pay all fees and penalties as
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1 | established by
rule.
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2 | (b) Notwithstanding any other provisions of this Act to the | ||||||
3 | contrary, any
licensee whose
license under this Act has expired | ||||||
4 | is eligible to restore such license without
paying any lapsed | ||||||
5 | fees
and penalties if provided that the license expired while | ||||||
6 | the licensee was:
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7 | (1) on active duty with the United States Army, United | ||||||
8 | States Marine Corps,
United
States Navy, United States Air | ||||||
9 | Force, United States Coast Guard, the State
Militia called | ||||||
10 | into service
or training;
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11 | (2) engaged in training or education under the | ||||||
12 | supervision of the United
States
prior
to induction into | ||||||
13 | military service; or
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14 | (3) serving as an employee of the Department, while the | ||||||
15 | employee was required to
surrender his or her license due | ||||||
16 | to a possible conflict of interest.
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17 | A licensee shall be eligible to restore a license under the | ||||||
18 | provisions of
this subsection for a
period of 2 years following | ||||||
19 | the termination of the service or , education if , or
training by | ||||||
20 | providing a
properly completed application and 45-day permit | ||||||
21 | sponsor card, provided that the termination was
by other than | ||||||
22 | dishonorable discharge and provided that the licensee | ||||||
23 | furnishes
the Department with an
affidavit specifying that the | ||||||
24 | licensee has been so engaged.
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25 | (c) At any time after the suspension, revocation, placement | ||||||
26 | on probationary
status, or other
disciplinary action taken |
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1 | under this Act with reference to any license, the Department | ||||||
2 | may restore the
license to the licensee without examination | ||||||
3 | upon the order of the Secretary,
if the licensee
submits a | ||||||
4 | properly completed application and 45-day permit sponsor card , | ||||||
5 | pays the
appropriate fees, and
otherwise complies with the | ||||||
6 | conditions of the order.
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7 | (Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08; | ||||||
8 | 96-730, eff. 8-25-09.)
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9 | (225 ILCS 407/10-45)
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10 | (Section scheduled to be repealed on January 1, 2020)
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11 | Sec. 10-45. Nonresident auctioneer reciprocity.
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12 | (a) A person holding a license to engage in auctions issued | ||||||
13 | to him or her by
the proper
authority of a state, territory, or | ||||||
14 | possession of the United States of America
or the District of
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15 | Columbia that has licensing requirements equal to or | ||||||
16 | substantially equivalent
to the requirements
of this State and | ||||||
17 | that otherwise meets the requirements of this Act may obtain
a | ||||||
18 | license under this
Act without examination if , provided :
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19 | (1) that the Department has entered into a valid | ||||||
20 | reciprocal agreement with the
proper
authority of the | ||||||
21 | state, territory, or possession of the United States of
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22 | America or the District of
Columbia from which the | ||||||
23 | nonresident applicant has a valid license;
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24 | (2) that the applicant provides the Department
with a | ||||||
25 | certificate of good
standing
from the
applicant's state of |
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1 | licensure;
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2 | (3) that the applicant completes and submits an | ||||||
3 | application as provided by
the Department;
and
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4 | (4) that the applicant pays all applicable fees | ||||||
5 | required under this Act.
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6 | (b) A nonresident applicant shall file an irrevocable | ||||||
7 | consent with the Department
that actions may
be commenced | ||||||
8 | against the applicant or nonresident licensee in a court of
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9 | competent jurisdiction in
this State by the service of summons, | ||||||
10 | process, or other pleading authorized by
the law upon the | ||||||
11 | Secretary. The consent shall stipulate and agree that service | ||||||
12 | of the
process, summons, or
pleading upon the Secretary shall | ||||||
13 | be taken and held in all courts to be
valid and binding as if
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14 | actual service had been made upon the applicant in Illinois. If | ||||||
15 | a summons,
process, or other pleading
is served upon the | ||||||
16 | Secretary, it shall be by duplicate copies, one of which
shall | ||||||
17 | be retained by
the Department and the other immediately | ||||||
18 | forwarded by certified or registered mail or email to
the last | ||||||
19 | known
business address or email address of record of the | ||||||
20 | applicant or nonresident licensee against whom the
summons, | ||||||
21 | process, or other
pleading may be directed.
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22 | (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
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23 | (225 ILCS 407/15-5)
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24 | (Section scheduled to be repealed on January 1, 2020)
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25 | Sec. 15-5. Representations. An auctioneer or
auction firm, |
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1 | or
the sponsored licensees, agents, or employees of an | ||||||
2 | auctioneer or auction firm,
conducting an auction
or providing | ||||||
3 | an auction service shall not:
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4 | (1) misrepresent a fact material to a purchaser's | ||||||
5 | decision to buy at or by
auction;
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6 | (2) predict specific or immediate increases in the | ||||||
7 | value of any item
offered
for sale
at auction; or
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8 | (3) materially misrepresent the qualities or | ||||||
9 | characteristics of any item
offered for sale
at auction.
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10 | (Source: P.A. 96-730, eff. 8-25-09.)
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11 | (225 ILCS 407/15-15)
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12 | (Section scheduled to be repealed on January 1, 2020)
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13 | Sec. 15-15. Supervisory duties. The sponsoring auctioneer, | ||||||
14 | auction firm ,
and managing
auctioneer shall have the duty and | ||||||
15 | responsibility to supervise, manage, and
control any sponsored
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16 | licensee, agent, or employee while conducting an auction or | ||||||
17 | providing an
auction service. Any
violation of this Act by a | ||||||
18 | sponsored licensee, agent, or employee of an a
sponsoring | ||||||
19 | auctioneer, auction
firm , or managing auctioneer shall be | ||||||
20 | deemed to be a violation by the
sponsoring auctioneer, auction
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21 | firm , or managing auctioneer as well as by the sponsored | ||||||
22 | licensee, agent, or
employee.
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23 | (Source: P.A. 91-603, eff. 1-1-00 .)
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24 | (225 ILCS 407/20-15)
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1 | (Section scheduled to be repealed on January 1, 2020)
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2 | Sec. 20-15. Disciplinary actions; grounds. The Department | ||||||
3 | may refuse to issue
or renew a
license, may place on probation | ||||||
4 | or administrative supervision, suspend, or
revoke any license | ||||||
5 | or may
reprimand or take other disciplinary or non-disciplinary | ||||||
6 | action as the Department may deem proper, including the | ||||||
7 | imposition of fines not to exceed $10,000 for each violation | ||||||
8 | upon anyone licensed under this Act for any of the following | ||||||
9 | reasons:
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10 | (1) False or fraudulent representation or material | ||||||
11 | misstatement in
furnishing
information to the Department | ||||||
12 | in obtaining or seeking to obtain a license.
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13 | (2) Violation of any provision of this Act or the rules | ||||||
14 | adopted under promulgated
pursuant
to this
Act.
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15 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
16 | contendere to any crime that is a felony under the laws of | ||||||
17 | the United States or any state or territory thereof, or | ||||||
18 | that is a misdemeanor, an essential element of which is | ||||||
19 | dishonesty,
or
any crime that is directly related to the | ||||||
20 | practice of the profession.
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21 | (3.5) Failing to notify the Department of any criminal | ||||||
22 | conviction that occurs during the licensee's term of | ||||||
23 | licensure within 30 days after the conviction. | ||||||
24 | (4) Being adjudged to be a person under legal | ||||||
25 | disability or subject to
involuntary
admission or to meet | ||||||
26 | the standard for judicial admission as provided in the
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1 | Mental Health and
Developmental Disabilities Code.
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2 | (5) Discipline of a licensee by another state, the | ||||||
3 | District of Columbia, a
territory of
the United States, a | ||||||
4 | foreign nation, a governmental agency, or any other entity
| ||||||
5 | authorized to impose
discipline if at least one of the | ||||||
6 | grounds for that discipline is the same as or
the | ||||||
7 | equivalent to one of
the grounds for discipline set forth | ||||||
8 | in this Act or for failing to report to
the Department, | ||||||
9 | within 30 days,
any adverse final action taken against the | ||||||
10 | licensee by any other licensing
jurisdiction,
government | ||||||
11 | agency, law enforcement agency, or court, or liability for | ||||||
12 | conduct
that would constitute
grounds for action as set | ||||||
13 | forth in this Act.
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14 | (6) Engaging in the practice of auctioneering, | ||||||
15 | conducting an auction, or
providing an
auction service | ||||||
16 | without a license or after the license was expired, | ||||||
17 | revoked,
suspended, or terminated
or while the license was | ||||||
18 | inoperative.
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19 | (7) Attempting to subvert or cheat on the auctioneer | ||||||
20 | exam or any
continuing
education exam, or aiding or | ||||||
21 | abetting another to do the same.
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22 | (8) Directly or indirectly giving to or receiving from | ||||||
23 | a person, firm,
corporation,
partnership, or association a | ||||||
24 | fee, commission, rebate, or other form of
compensation for | ||||||
25 | professional
service not actually or personally rendered, | ||||||
26 | except that an auctioneer licensed under this Act may |
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1 | receive a fee from another licensed auctioneer from this | ||||||
2 | State or jurisdiction for the referring of a client or | ||||||
3 | prospect for auction services to the licensed auctioneer.
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4 | (9) Making any substantial misrepresentation or | ||||||
5 | untruthful advertising.
| ||||||
6 | (10) Making any false promises of a character likely to | ||||||
7 | influence,
persuade,
or
induce.
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8 | (11) Pursuing a continued and flagrant course of | ||||||
9 | misrepresentation or the
making of
false promises through a | ||||||
10 | licensee, agent, employee, advertising, or otherwise.
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11 | (12) Any misleading or untruthful advertising, or | ||||||
12 | using any trade name or
insignia
of membership in any | ||||||
13 | auctioneer association or organization of which the
| ||||||
14 | licensee is not a member.
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15 | (13) Commingling funds of others with his or her own | ||||||
16 | funds or failing to
keep
the
funds of others in an escrow | ||||||
17 | or trustee account.
| ||||||
18 | (14) Failure to account for, remit, or return any | ||||||
19 | moneys, property, or
documents
coming into his or her | ||||||
20 | possession that belong to others, acquired through the
| ||||||
21 | practice of
auctioneering, conducting an auction, or | ||||||
22 | providing an auction service within 30
days of the written
| ||||||
23 | request from the owner of said moneys, property, or | ||||||
24 | documents.
| ||||||
25 | (15) Failure to maintain and deposit into a special | ||||||
26 | account, separate and
apart from
any personal or other |
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1 | business accounts, all moneys belonging to others
| ||||||
2 | entrusted to a licensee while
acting as an auctioneer, | ||||||
3 | associate auctioneer, auction firm, or as a temporary
| ||||||
4 | custodian of the funds
of others.
| ||||||
5 | (16) Failure to make available to Department
personnel | ||||||
6 | during normal business
hours
all
escrow and trustee records | ||||||
7 | and related documents maintained in connection with
the | ||||||
8 | practice of
auctioneering, conducting an auction, or | ||||||
9 | providing an auction service within 24
hours after a | ||||||
10 | request
from Department personnel.
| ||||||
11 | (17) Making or filing false records or reports in his | ||||||
12 | or her practice,
including but not
limited to false records | ||||||
13 | or reports filed with State agencies.
| ||||||
14 | (18) Failing to voluntarily furnish copies of all | ||||||
15 | written instruments
prepared by the
auctioneer and signed | ||||||
16 | by all parties to all parties at the time of execution.
| ||||||
17 | (19) Failing to provide information within 30 days in | ||||||
18 | response to a
written
request
made by the Department.
| ||||||
19 | (20) Engaging in any act that constitutes a violation | ||||||
20 | of Section 2-102,
3-103, or
3-105 of the Illinois Human | ||||||
21 | Rights Act.
| ||||||
22 | (21) (Blank).
| ||||||
23 | (22) Engaging in dishonorable, unethical, or | ||||||
24 | unprofessional conduct of a
character
likely to deceive, | ||||||
25 | defraud, or harm the public.
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26 | (23) Offering or advertising real estate for sale or |
| |||||||
| |||||||
1 | lease at auction
without
a valid
broker or managing | ||||||
2 | broker's license under the Real Estate License Act of 1983, | ||||||
3 | or
any successor Act,
unless exempt from licensure under | ||||||
4 | the terms of the Real Estate License Act of 2000, or any
| ||||||
5 | successor Act, except as provided for in Section 5-32 of | ||||||
6 | the Real Estate License Act of 2000.
| ||||||
7 | (24) Inability to practice the profession with | ||||||
8 | reasonable judgment, skill, or safety as a result of a | ||||||
9 | physical illness, including, but not limited to, | ||||||
10 | deterioration through the aging process or loss of motor | ||||||
11 | skill, or a mental illness or disability. | ||||||
12 | (25) A pattern of practice or other behavior that
| ||||||
13 | demonstrates incapacity or incompetence to practice under | ||||||
14 | this Act. | ||||||
15 | (26) Being named as a perpetrator in an indicated
| ||||||
16 | report by the Department of Children and Family Services | ||||||
17 | under the Abused and Neglected Child Reporting Act and upon | ||||||
18 | proof by clear and convincing evidence that the licensee | ||||||
19 | has caused a child to be an abused child or a neglected | ||||||
20 | child as defined in the Abused and Neglected Child | ||||||
21 | Reporting Act. | ||||||
22 | (27) Inability to practice with reasonable judgment, | ||||||
23 | skill, or safety as a result of habitual or excessive use | ||||||
24 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
25 | other chemical agent or drug. | ||||||
26 | (28) Willfully Wilfully failing to report an instance |
| |||||||
| |||||||
1 | of
suspected child abuse or neglect as required by the | ||||||
2 | Abused and Neglected Child Reporting Act. | ||||||
3 | The entry of an order by a circuit court establishing that | ||||||
4 | any person holding a license under this Act is subject to | ||||||
5 | involuntary admission or judicial admission, as provided for in | ||||||
6 | the Mental Health and Developmental Disabilities Code, | ||||||
7 | operates as an automatic suspension of that license. That | ||||||
8 | person may have his or her license restored only upon the | ||||||
9 | determination by a circuit court that the patient is no longer | ||||||
10 | subject to involuntary admission or judicial admission and the | ||||||
11 | issuance of an order so finding and discharging the patient and | ||||||
12 | upon the Board's recommendation to the Department that the | ||||||
13 | license be restored. Where circumstances so indicate, the Board | ||||||
14 | may recommend to the Department that it require an examination | ||||||
15 | prior to restoring a suspended license. | ||||||
16 | If the Department or Board finds an individual unable to | ||||||
17 | practice because of the reasons set forth in this Section, the | ||||||
18 | Department or Board may require that individual to submit to | ||||||
19 | care, counseling, or treatment by physicians approved or | ||||||
20 | designated by the Department or Board, as a condition, term, or | ||||||
21 | restriction for continued, reinstated, or renewed licensure to | ||||||
22 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
23 | Department may file, or the Board may recommend to the | ||||||
24 | Department to file, a complaint to immediately suspend, revoke, | ||||||
25 | or otherwise discipline the license of the individual. An | ||||||
26 | individual whose license was granted, continued, reinstated, |
| |||||||
| |||||||
1 | renewed, disciplined or supervised subject to such terms, | ||||||
2 | conditions, or restrictions, and who fails to comply with such | ||||||
3 | terms, conditions, or restrictions, shall be referred to the | ||||||
4 | Secretary for a determination as to whether the individual | ||||||
5 | shall have his or her license suspended immediately, pending a | ||||||
6 | hearing by the Department. If
In instances in which the | ||||||
7 | Secretary immediately suspends a person's license under this | ||||||
8 | Section, a hearing on that person's license must be convened by | ||||||
9 | the Department within 21 days after the suspension and | ||||||
10 | completed without appreciable delay. The Department and Board | ||||||
11 | shall have the authority to review the subject individual's | ||||||
12 | record of treatment and counseling regarding the impairment to | ||||||
13 | the extent permitted by applicable federal statutes and | ||||||
14 | regulations safeguarding the confidentiality of medical | ||||||
15 | records. | ||||||
16 | An individual licensed under this Act and affected under | ||||||
17 | this Section shall be afforded an opportunity to demonstrate to | ||||||
18 | the Department or Board that he or she can resume practice in | ||||||
19 | compliance with acceptable and prevailing standards under the | ||||||
20 | provisions of his or her license. | ||||||
21 | In enforcing this Section, the Department or Board, upon a | ||||||
22 | showing of a possible violation, may compel an individual | ||||||
23 | licensed to practice under this Act, or who has applied for | ||||||
24 | licensure under this Act, to submit to a mental or physical | ||||||
25 | examination, or both, as required by and at the expense of the | ||||||
26 | Department. The Department or Board may order the examining |
| |||||||
| |||||||
1 | physician to present testimony concerning the mental or | ||||||
2 | physical examination of the licensee or applicant. No | ||||||
3 | information shall be excluded by reason of any common law or | ||||||
4 | statutory privilege relating to communications between the | ||||||
5 | licensee or applicant and the examining physician. The | ||||||
6 | examining physicians shall be specifically designated by the | ||||||
7 | Board or Department. The individual to be examined may have, at | ||||||
8 | his or her own expense, another physician of his or her choice | ||||||
9 | present during all aspects of this examination. Failure of an | ||||||
10 | individual to submit to a mental or physical examination when | ||||||
11 | directed shall be grounds for suspension of his or her license | ||||||
12 | until the individual submits to the examination, if the | ||||||
13 | Department finds that, after notice and hearing, the refusal to | ||||||
14 | submit to the examination was without reasonable cause.
| ||||||
15 | (Source: P.A. 98-553, eff. 1-1-14.)
| ||||||
16 | (225 ILCS 407/20-43) | ||||||
17 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
18 | Sec. 20-43. Investigations; notice and hearing. The | ||||||
19 | Department may investigate the actions or qualifications of any | ||||||
20 | applicant , unlicensed person, or person rendering or offering | ||||||
21 | to render auction services, or holding or claiming to hold a | ||||||
22 | license as a licensed auctioneer. At least 30 days before any | ||||||
23 | disciplinary hearing under this Act, the Department shall: (i) | ||||||
24 | notify the accused in writing of the charges made and the time | ||||||
25 | and place of the hearing; (ii) direct the accused to file with |
| |||||||
| |||||||
1 | the Board a written answer under oath to the charges within 20 | ||||||
2 | days of receiving service of the notice; and (iii) inform the | ||||||
3 | accused that if he or she fails to file an answer to the | ||||||
4 | charges within 20 days of receiving service of the notice, a | ||||||
5 | default judgment judgement may be entered against him or her, | ||||||
6 | or his or her license may be suspended, revoked, placed on | ||||||
7 | probationary status, or other disciplinary action taken with | ||||||
8 | regard to the license as the Department may consider proper, | ||||||
9 | including, but not limited to, limiting the scope, nature, or | ||||||
10 | extent of the licensee's practice, or imposing a fine. | ||||||
11 | At the time and place of the hearing fixed in the notice, | ||||||
12 | the Board shall proceed to hear the charges and the accused or | ||||||
13 | his or her counsel shall be accorded ample opportunity to | ||||||
14 | present any pertinent statements, testimony, evidence, and | ||||||
15 | arguments in his or her defense. The Board may continue the | ||||||
16 | hearing when it deems it appropriate. | ||||||
17 | Notice Written notice of the hearing may be served by | ||||||
18 | personal delivery , or by certified mail , or, at the discretion | ||||||
19 | of the Department, by an electronic means to the licensee's | ||||||
20 | last known address or email address of record. to the last | ||||||
21 | known address of record, unless specified as otherwise by the | ||||||
22 | accused in his or her last communication with the Department.
| ||||||
23 | (Source: P.A. 96-730, eff. 8-25-09.)
| ||||||
24 | (225 ILCS 407/20-56) | ||||||
25 | (Section scheduled to be repealed on January 1, 2020)
|
| |||||||
| |||||||
1 | Sec. 20-56. Board; rehearing. At the conclusion of the | ||||||
2 | hearing, a copy of the Board's report shall be served upon the | ||||||
3 | applicant , or licensee , or unlicensed person by the Department, | ||||||
4 | either personally or as provided in this Act for the service of | ||||||
5 | a notice of hearing. Within 20 days after service, the | ||||||
6 | applicant or licensee may present to the Department a motion in | ||||||
7 | writing for a rehearing, which shall specify the particular | ||||||
8 | grounds for rehearing. The Department may respond to the motion | ||||||
9 | for rehearing within 20 days after its service on the | ||||||
10 | Department. If no motion for rehearing is filed, then upon the | ||||||
11 | expiration of the time specified for filing such a motion, or | ||||||
12 | if a motion for rehearing is denied, then upon denial, the | ||||||
13 | Secretary may enter an order in accordance with recommendations | ||||||
14 | of the Board except as provided in Section 120 of this Act . If | ||||||
15 | the applicant or licensee orders from the reporting service and | ||||||
16 | pays for a transcript of the record within the time for filing | ||||||
17 | a motion for rehearing, the 20-day period within which a motion | ||||||
18 | may be filed shall commence upon the delivery of the transcript | ||||||
19 | to the applicant or licensee.
| ||||||
20 | (Source: P.A. 96-730, eff. 8-25-09.)
| ||||||
21 | (225 ILCS 407/10-15a rep.) | ||||||
22 | (225 ILCS 407/10-35 rep.) | ||||||
23 | (225 ILCS 407/20-25 rep.) | ||||||
24 | (225 ILCS 407/20-70 rep.) | ||||||
25 | Section 15. The Auction License Act is amended by repealing |
| |||||||
| |||||||
1 | Sections 10-15a, 10-35, 20-25, and 20-70.
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|