(225 ILCS 458/15-10)
(Text of Section before amendment by P.A. 103-236)
(Section scheduled to be repealed on January 1, 2027)
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.
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(2) Failing to meet the minimum qualifications for licensure as an appraiser established
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(3) Paying money, other than for the fees provided for by this Act, or anything of value
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| to a member or employee of the Board or the Department to procure licensure under this Act.
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(4) Conviction of, or plea of guilty or nolo contendere, as enumerated in subsection (e)
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| of Section 5-22, under the laws of any jurisdiction of the United States: (i) that is a felony, misdemeanor, or administrative sanction or (ii) that is a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.
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(5) Committing an act or omission involving dishonesty, fraud, or misrepresentation with
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| the intent to substantially benefit the licensee or another person or with intent to substantially injure another person as defined by rule.
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(6) Violating a provision or standard for the development or communication of real
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| estate appraisals as provided in Section 10-10 of this Act or as defined by rule.
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(7) Failing or refusing without good cause to exercise reasonable diligence in
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| 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
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| 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.
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(10) Engaging in dishonorable, unethical, or unprofessional conduct of a character
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| likely to deceive, defraud, or harm the public.
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(11) Accepting an appraisal assignment when the employment itself is contingent upon the
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| 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.
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(12) Developing valuation conclusions based on the race, color, religion, sex, national
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| origin, ancestry, age, marital status, family status, physical or mental disability, sexual orientation, pregnancy, order of protection status, military status, 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.
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(13) Violating the confidential nature of government records to which the licensee
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| gained access through employment or engagement as an appraiser by a government agency.
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(14) Being adjudicated liable in a civil proceeding on grounds of fraud,
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| 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.
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(15) Being adjudicated liable in a civil proceeding for violation of a state or federal
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(16) Engaging in misleading or untruthful advertising or using a trade name or insignia
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| of membership in a real estate appraisal or real estate organization of which the licensee is not a member.
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(17) Failing to fully cooperate with a Department investigation by knowingly making a
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| 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.
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(18) Failing to include within the certificate of appraisal for all written appraisal
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| reports the appraiser's license number and licensure title. All appraisers providing significant contribution to the development and reporting of an appraisal must be disclosed in the appraisal report. It is a violation of this Act for an appraiser to sign a report, transmittal letter, or appraisal certification knowing that a person providing a significant contribution to the report has not been disclosed in the appraisal report.
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(19) Violating the terms of a disciplinary order or consent to administrative
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(20) Habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any
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| other chemical agent or drug that results in a licensee's inability to practice with reasonable judgment, skill, or safety.
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(21) A physical or mental illness or disability which results in the inability to
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| practice under this Act with reasonable judgment, skill, or safety.
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(22) Gross negligence in developing an appraisal or in communicating an appraisal or
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| failing to observe one or more of the Uniform Standards of Professional Appraisal Practice.
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(23) A pattern of practice or other behavior that demonstrates incapacity or
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| incompetence to practice under this Act.
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(24) Using or attempting to use the seal, certificate, or license of another as one's
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| own; falsely impersonating any duly licensed appraiser; using or attempting to use an inactive, expired, suspended, or revoked license; or aiding or abetting any of the foregoing.
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(25) Solicitation of professional services by using false, misleading, or deceptive
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(26) Making a material misstatement in furnishing information to the Department.
(27) Failure to furnish information to the Department upon written request.
(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.
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|
(2) Failing to comply with the covenants certified to on the application for licensure
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| as an education provider.
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|
(3) Committing an act or omission involving dishonesty, fraud, or misrepresentation or
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| allowing any such act or omission by any employee or contractor under the control of the provider.
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|
(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in accordance with rules adopted under this
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|
(6) Failing to meet the topic or time requirements for course approval as the provider
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| of a qualifying curriculum course or a continuing education course.
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|
(7) Failing to administer an approved course using the course materials, syllabus, and
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| examinations submitted as the basis of the course approval.
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|
(8) Failing to provide an appropriate classroom environment for presentation of courses,
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| with consideration for student comfort, acoustics, lighting, seating, workspace, and visual aid material.
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(9) Failing to maintain student records in compliance with the rules adopted under this
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|
(10) Failing to provide a certificate, transcript, or other student record to the
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| Department or to a student as may be required by rule.
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|
(11) Failing to fully cooperate with an investigation by the Department by knowingly
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| 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.
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|
(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 the complaint has been resolved
by a Consent to
Administrative Supervision order.
(Source: P.A. 102-20, eff. 1-1-22.)
(Text of Section after amendment by P.A. 103-236)
(Section scheduled to be repealed on January 1, 2027)
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 or applicant under this Act or any person who holds oneself out as an applicant or 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
|
|
(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 of, or plea of guilty or nolo contendere, as enumerated in subsection (e)
|
| of Section 5-22, under the laws of any jurisdiction of the United States: (i) that is a felony, misdemeanor, or administrative sanction or (ii) that is a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.
|
|
(5) Committing an act or omission involving dishonesty, fraud, or misrepresentation with
|
| the intent to substantially benefit the licensee or another person or with intent to substantially injure another person as defined by rule.
|
|
(6) Violating a provision or standard for the development or communication of real
|
| estate appraisals as provided in Section 10-10 of this Act or as defined by rule.
|
|
(7) Failing or refusing without good cause to exercise reasonable diligence in
|
| developing, reporting, or communicating an appraisal, as defined by this Act or by rule.
|
|
(8) Violating a provision of this Act or the rules adopted pursuant to
this Act.
(9) Having been disciplined by another state, the District of Columbia, a territory, a
|
| foreign nation, a governmental agency, or any other entity authorized to 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, sexual orientation, pregnancy, order of protection status, military status, unfavorable military discharge, source of income, or any other protected class as defined under the Illinois Human Rights Act, of the prospective or present owners or occupants of the area or property under appraisal.
|
|
(13) Violating the confidential nature of government records to which the licensee
|
| gained access through employment or engagement as an appraiser by a government agency.
|
|
(14) Being adjudicated liable in a civil proceeding on grounds of fraud,
|
| misrepresentation, or deceit. In a 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
|
|
(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 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
|
|
(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 one's
|
| own; falsely impersonating any duly licensed appraiser; using or attempting to use an inactive, expired, suspended, or revoked license; or aiding or abetting any of the foregoing.
|
|
(25) Solicitation of professional services by using false, misleading, or deceptive
|
|
(26) Making a material misstatement in furnishing information to the Department.
(27) Failure to furnish information to the Department upon written request.
(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 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
|
|
(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
|
|
(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.
|
|
(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.
(Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24.)
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