(225 ILCS 458/15-15)
(Text of Section before amendment by P.A. 103-236)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-15. Investigation; notice; hearing.
(a) Upon the motion of the Department
or the Board or
upon a complaint in
writing of a person setting forth facts that, if proven, would constitute
grounds for suspension, revocation,
or other disciplinary action against a licensee or applicant for licensure, the Department
shall investigate the actions of the licensee or applicant. If, upon investigation, the Department believes that there may be cause for suspension, revocation, or other disciplinary action, the Department shall use the services of a State certified general real estate appraiser, a State certified residential real estate appraiser, or the Coordinator to assist in determining whether grounds for disciplinary action exist prior to commencing formal disciplinary proceedings.
(b) Formal disciplinary proceedings shall commence upon the issuance of a
written complaint
describing the charges that are the basis of the disciplinary action and
delivery of the detailed complaint to the address of
record of the licensee or applicant. For an associate real estate trainee appraiser, a copy shall also be sent to the licensee's supervising appraiser of record. The Department
shall notify the licensee or
applicant
to file a verified written
answer within 20 days after the service of the notice and complaint.
The
notification shall inform the licensee or applicant of the
right to be heard in person or by
legal counsel; that the hearing will be afforded not sooner than 20 days after
service
of the complaint; that failure to file an answer will result in a default being
entered against the licensee or applicant;
that the license may be suspended, revoked, or placed on
probationary status; and that other
disciplinary action may be taken pursuant to this Act, including limiting the
scope, nature, or extent of the licensee's
practice. If the licensee or applicant fails to file an answer after service of
notice, the respective license may,
at the discretion of the Department, be suspended,
revoked, or placed on probationary
status and the Department
may take whatever disciplinary
action it deems proper,
including limiting the scope, nature, or extent of the person's practice,
without a hearing.
(c) At the time and place fixed in the notice, the Board shall conduct
hearing of the charges, providing
both the accused person and the complainant ample opportunity to present in
person
or by counsel such statements, testimony, evidence, and argument as may be
pertinent to the charges or
to a defense thereto.
(d) The Board shall present to the Secretary
a written report of its
findings of fact and
recommendations. A copy of the report shall be served upon the licensee or
applicant,
either personally, by
mail, or, at the discretion of the Department, by electronic means. For associate real estate trainee appraisers, a copy shall also be sent to the licensee's supervising appraiser of record. Within 20 days after the service, the licensee or applicant may present
the Secretary
with a motion in writing
for a rehearing and shall
specify the particular grounds for the request. If the accused orders a
transcript of the record
as provided in this Act, the time elapsing thereafter and before the transcript
is ready for delivery to the
accused shall not be counted as part of the 20 days. If the Secretary
is
not satisfied that
substantial justice has been done, the Secretary
may order a rehearing by
the Board or other
special committee appointed by the Secretary, may remand the matter to the
Board for its
reconsideration of the matter based on the pleadings and evidence presented to
the Board, or may enter
a final order in contravention of the Board's recommendation. Notwithstanding a licensee's or applicant's failure to file a motion for rehearing, the Secretary
shall have the right to take any of
the actions specified in this
subsection (d). Upon the suspension or revocation of a license, the licensee
shall
be required to surrender the respective license to the Department, and upon failure or refusal to do so, the Department
shall have
the right to seize the
license.
(e) The Department
has the power to issue subpoenas and
subpoenas duces tecum
to bring before it any person in this State, to take testimony, or to require
production of any records
relevant to an inquiry or hearing by the Board in the same manner as prescribed
by law in judicial
proceedings in the courts of this State. In a case of refusal of a witness to
attend, testify, or to produce
books or papers concerning a matter upon which the witness might be lawfully
examined, the circuit court
of the county where the hearing is held, upon application of the Department
or any
party to the proceeding, may compel obedience by proceedings as for contempt.
(f) Any license that is revoked may not be
restored for a minimum period
of 3 years.
(g) In addition to the provisions of this Section concerning the conduct of
hearings and the
recommendations for discipline, the Department
has the authority to negotiate
disciplinary and non-disciplinary
settlement agreements concerning any license issued under this Act. All such
agreements shall be
recorded as Consent Orders or Consent to Administrative Supervision Orders.
(h) The Secretary
shall have the authority to appoint an attorney duly
licensed to practice law in the
State of Illinois to serve as the hearing officer in any action to suspend,
revoke, or otherwise discipline
any license issued by the Department. The Hearing Officer
shall have full authority
to conduct the hearing.
(i) The Department, at its expense, shall preserve a record of all formal hearings of
any contested case involving
the discipline of a license. At all hearings or pre-hearing conferences, the Department
and the licensee shall be
entitled to have the proceedings transcribed by a certified shorthand reporter.
A copy of the transcribed
proceedings shall be made available to the licensee by the certified shorthand
reporter upon payment of
the prevailing contract copy rate.
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
(Text of Section after amendment by P.A. 103-236) (Section scheduled to be repealed on January 1, 2027)
Sec. 15-15. Investigation; notice; hearing.
(a) Upon the motion of the Department
or the Board or
upon a complaint in
writing of a person setting forth facts that, if proven, would constitute
grounds for suspension, revocation,
or other disciplinary action, the Department shall investigate the actions or qualifications of any person who is a licensee, applicant for licensure, unlicensed person, person rendering or offering to render appraisal services, or holding or claiming to hold a license under this Act. If, upon investigation, the Department believes that there may be cause for suspension, revocation, or other disciplinary action, the Department shall use the services of a State certified general real estate appraiser, a State certified residential real estate appraiser, or the Coordinator to assist in determining whether grounds for disciplinary action exist prior to commencing formal disciplinary proceedings.
(b) Formal disciplinary proceedings shall commence upon the issuance of a
written complaint
describing the charges that are the basis of the disciplinary action and
delivery of the detailed complaint to the address of
record of the person charged. For an associate real estate trainee appraiser, a copy shall also be sent to the licensee's supervising appraiser of record. The Department
shall notify the person
to file a verified written
answer within 20 days after the service of the notice and complaint.
The
notification shall inform the person of the
right to be heard in person or by
legal counsel; that the hearing will be afforded not sooner than 20 days after
service
of the complaint; that failure to file an answer will result in a default being
entered against the person;
that the license may be suspended, revoked, or placed on
probationary status; and that other
disciplinary action may be taken pursuant to this Act, including limiting the
scope, nature, or extent of the licensee's
practice. If the person fails to file an answer after service of
notice, the respective license may,
at the discretion of the Department, be suspended,
revoked, or placed on probationary
status and the Department
may take whatever disciplinary
action it deems proper,
including limiting the scope, nature, or extent of the person's practice,
without a hearing.
(c) At the time and place fixed in the notice, the Board shall conduct
hearing of the charges, providing
both the person charged and the complainant ample opportunity to present in
person
or by counsel such statements, testimony, evidence, and argument as may be
pertinent to the charges or
to a defense thereto.
(d) The Board shall present to the Secretary
a written report of its
findings of fact and
recommendations. A copy of the report shall be served upon the person
either by
mail or, at the discretion of the Department, by electronic means. For associate real estate trainee appraisers, a copy shall also be sent to the licensee's supervising appraiser of record. Within 20 days after the service, the person may present
the Secretary
with a motion in writing
for a rehearing and shall
specify the particular grounds for the request. If the person orders a
transcript of the record
as provided in this Act, the time elapsing thereafter and before the transcript
is ready for delivery to the person
shall not be counted as part of the 20 days. If the Secretary
is
not satisfied that
substantial justice has been done, the Secretary
may order a rehearing by
the Board or other
special committee appointed by the Secretary, may remand the matter to the
Board for its
reconsideration of the matter based on the pleadings and evidence presented to
the Board, or may enter
a final order in contravention of the Board's recommendation. Notwithstanding a person's failure to file a motion for rehearing, the Secretary
shall have the right to take any of
the actions specified in this
subsection (d). Upon the suspension or revocation of a license, the licensee
shall
be required to surrender the respective license to the Department, and upon failure or refusal to do so, the Department
shall have
the right to seize the
license.
(e) The Department
has the power to issue subpoenas and
subpoenas duces tecum
to bring before it any person in this State, to take testimony, or to require
production of any records
relevant to an inquiry or hearing by the Board in the same manner as prescribed
by law in judicial
proceedings in the courts of this State. In a case of refusal of a witness to
attend, testify, or to produce
books or papers concerning a matter upon which the witness might be lawfully
examined, the circuit court
of the county where the hearing is held, upon application of the Department
or any
party to the proceeding, may compel obedience by proceedings as for contempt.
(f) Any license that is revoked may not be
restored for a minimum period
of 3 years.
(g) In addition to the provisions of this Section concerning the conduct of
hearings and the
recommendations for discipline, the Department
has the authority to negotiate
disciplinary and non-disciplinary
settlement agreements concerning any license issued under this Act. All such
agreements shall be
recorded as Consent Orders or Consent to Administrative Supervision Orders.
(h) The Secretary
shall have the authority to appoint an attorney duly
licensed to practice law in the
State of Illinois to serve as the hearing officer in any action to suspend,
revoke, or otherwise discipline
any license issued by the Department. The Hearing Officer
shall have full authority
to conduct the hearing.
(i) The Department, at its expense, shall preserve a record of all formal hearings of
any contested case involving
the discipline of a license. At all hearings or pre-hearing conferences, the Department
and the licensee shall be
entitled to have the proceedings transcribed by a certified shorthand reporter.
A copy of the transcribed
proceedings shall be made available to the licensee by the certified shorthand
reporter upon payment of
the prevailing contract copy rate.
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
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