(225 ILCS 407/10-5)

(Section scheduled to be repealed on January 1, 2030)

Sec. 10-5. Requirements for auctioneer license; application.

(a) Every
person
who desires
to obtain an auctioneer license under this Act shall:

(1) apply to the Department on forms provided by the Department accompanied by the

required fee;

(2) be at least 18 years of age;

(3) have attained a high school diploma or successfully completed an equivalent course

of study determined by an examination conducted by the Illinois State Board of Education; and

(4) pass a written examination authorized by the Department to prove competence,

including but not limited to general knowledge of Illinois and federal laws pertaining to personal property contracts, auctions, real property, ethics, and other topics relating to the auction business.

(b)   The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for licensure or registration:

(1) juvenile adjudications of delinquent minors as defined in Section 5-105 of the

Juvenile Court Act of 1987 subject to the restrictions set forth in Section 5-130 of that Act;

(2) law enforcement records, court records, and conviction records of an individual

who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult;

(3) records of arrest not followed by a charge or conviction;
(4) records of arrest where the charges were dismissed unless related to the practice

of the profession; however, applicants shall not be asked to report any arrests, and an arrest not followed by a conviction shall not be the basis of  denial and may be used only to assess an applicant's rehabilitation;

        (5) convictions overturned by a higher court; or
        (6) convictions or arrests that have been sealed or expunged.

(c)    An applicant or licensee shall report to the Department, in a manner prescribed by the Department, and within 30 days after the occurrence if during the term of licensure: (i) any conviction of, or plea of guilty, or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any similar offense or offenses or any conviction of a felony involving moral turpitude; or (ii) the entry of an administrative sanction by a government agency in this State or any other jurisdiction that has as an essential element dishonesty or fraud or involves larceny, embezzlement, or obtaining money, property, or credit by false pretenses.

(Source: P.A. 101-345, eff. 8-9-19; 102-970, eff. 5-27-22.)