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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,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Auction License Act is amended by changing | ||||||
5 | Sections 5-10, 10-1, 10-5, 10-15, 10-20, 10-27, 10-30, 10-35, | ||||||
6 | 10-40, 10-45, 10-50, 20-5, 20-15, 20-20, 20-25, 20-30, 20-35, | ||||||
7 | 20-40, 20-45, 20-50, 20-55, 20-60, 20-65, 20-70, 20-75, 20-80, | ||||||
8 | 20-90, 20-95, 30-5, 30-10, 30-15, 30-20, 30-25, 30-30, 30-40, | ||||||
9 | 30-45, 30-50, and 30-55 and by adding Section 20-100 as | ||||||
10 | follows:
| ||||||
11 | (225 ILCS 407/5-10)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 5-10. Definitions. As used in this Act:
| ||||||
14 | "Advertisement" means any written, oral, or electronic | ||||||
15 | communication that
contains a promotion, inducement, or offer | ||||||
16 | to conduct an auction or offer to
provide an auction service, | ||||||
17 | including but not limited to brochures, pamphlets,
radio and | ||||||
18 | television scripts, telephone and direct mail solicitations,
| ||||||
19 | electronic media, and other means of promotion.
| ||||||
20 | "Advisory Board" means the Auctioneer Advisory Board.
| ||||||
21 | "Associate auctioneer" means a person who conducts an | ||||||
22 | auction, but who is
under the direct supervision of, and is | ||||||
23 | sponsored by, a licensed auctioneer
or auction firm.
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| |||||||
1 | "Auction" means the sale or lease of property, real or | ||||||
2 | personal, by means
of exchanges between an auctioneer or | ||||||
3 | associate auctioneer and prospective
purchasers or lessees, | ||||||
4 | which consists of a series of invitations for offers
made by | ||||||
5 | the auctioneer or associate auctioneer and offers by | ||||||
6 | prospective
purchasers or lessees for the purpose of obtaining | ||||||
7 | an acceptable offer for
the sale or lease of the property, | ||||||
8 | including the sale or lease of property
via mail, | ||||||
9 | telecommunications, or the Internet.
| ||||||
10 | "Auction contract" means a written agreement between an | ||||||
11 | auctioneer,
associate auctioneer, or auction firm and a seller | ||||||
12 | or sellers.
| ||||||
13 | "Auction firm" means any corporation, partnership, or | ||||||
14 | limited liability
company that acts as an auctioneer and | ||||||
15 | provides an auction service.
| ||||||
16 | "Auction school" means any educational institution, public | ||||||
17 | or private,
which offers a curriculum of auctioneer education | ||||||
18 | and training approved
by the Department
Office of Banks and | ||||||
19 | Real Estate .
| ||||||
20 | "Auction service" means the service of arranging, | ||||||
21 | managing, advertising,
or conducting auctions.
| ||||||
22 | "Auctioneer" means a person or entity who, for another, for | ||||||
23 | a fee,
compensation, commission, or any other valuable | ||||||
24 | consideration at auction or
with the intention or expectation | ||||||
25 | of receiving valuable consideration by the
means of or process | ||||||
26 | of an auction or sale at auction or providing an auction
|
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| |||||||
1 | service, offers, negotiates, or attempts to negotiate an | ||||||
2 | auction contract,
sale, purchase, or exchange of goods, | ||||||
3 | chattels, merchandise, personal property,
real property, or | ||||||
4 | any commodity that may be lawfully kept or offered for sale
by | ||||||
5 | or at auction.
| ||||||
6 | "Commissioner" means the Commissioner of the Office of | ||||||
7 | Banks and Real Estate
or his or her designee.
| ||||||
8 | "Department" means the Department of Financial and | ||||||
9 | Professional Regulation.
| ||||||
10 | "Director" means the Director of Auction Regulation.
| ||||||
11 | "Goods" means chattels, movable goods, merchandise, or | ||||||
12 | personal property or
commodities of any form or type that may | ||||||
13 | be lawfully kept or offered for sale.
| ||||||
14 | "Licensee" means any person licensed under this Act.
| ||||||
15 | "Managing auctioneer" means any person licensed as an | ||||||
16 | auctioneer who manages
and supervises licensees sponsored by an | ||||||
17 | auction firm or auctioneer.
| ||||||
18 | "OBRE" means the Office of Banks and Real Estate.
| ||||||
19 | "Person" means an individual, association, partnership, | ||||||
20 | corporation, or
limited liability company or the officers, | ||||||
21 | directors, or employees of the same.
| ||||||
22 | "Pre-renewal period" means the 24 months prior to the | ||||||
23 | expiration date of a
license issued under this Act.
| ||||||
24 | "Secretary" means the Secretary of the Department of | ||||||
25 | Financial and Professional Regulation or his or her designee.
| ||||||
26 | "Sponsoring auctioneer" means the auctioneer or auction |
| |||||||
| |||||||
1 | firm who has issued a
sponsor card to a licensed associate | ||||||
2 | auctioneer or auctioneer.
| ||||||
3 | "Sponsor card" means the temporary permit issued by the
| ||||||
4 | sponsoring auctioneer certifying that the licensee named | ||||||
5 | thereon is employed
by or associated with the sponsoring | ||||||
6 | auctioneer and the sponsoring auctioneer
shall be responsible | ||||||
7 | for the actions of the sponsored licensee.
| ||||||
8 | (Source: P.A. 91-603, eff. 1-1-00; 92-16, eff. 6-28-01.)
| ||||||
9 | (225 ILCS 407/10-1)
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10 | (Section scheduled to be repealed on January 1, 2010)
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11 | Sec. 10-1. Necessity of license; exemptions.
| ||||||
12 | (a) It is unlawful for any
person, corporation,
limited | ||||||
13 | liability company, partnership, or other entity to conduct an | ||||||
14 | auction,
provide an auction
service, hold himself or herself | ||||||
15 | out as an auctioneer, or advertise his or her
services as an | ||||||
16 | auctioneer
in the State of Illinois without a license issued by | ||||||
17 | the Department
OBRE under this Act,
except at:
| ||||||
18 | (1) an auction conducted solely by or for a | ||||||
19 | not-for-profit organization
for
charitable
purposes;
| ||||||
20 | (2) an auction conducted by the owner of the property, | ||||||
21 | real or personal;
| ||||||
22 | (3) an auction for the sale or lease of real property | ||||||
23 | conducted by a
licensee
under the
Real Estate License Act, | ||||||
24 | or its successor Acts, in accordance with the terms of
that | ||||||
25 | Act;
|
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| |||||||
1 | (4) an auction conducted by a business registered as a | ||||||
2 | market
agency under the federal Packers and Stockyards Act | ||||||
3 | (7 U.S.C. 181 et seq.) or
under the Livestock Auction | ||||||
4 | Market Law;
| ||||||
5 | (5) an auction conducted by an agent, officer, or | ||||||
6 | employee of a federal
agency in the conduct of his or her | ||||||
7 | official duties; and
| ||||||
8 | (6) an auction conducted by an agent, officer, or | ||||||
9 | employee of the State
government or any political | ||||||
10 | subdivision thereof performing his or her official
duties.
| ||||||
11 | (b) Nothing in this Act shall be construed to apply to a | ||||||
12 | new or used
vehicle dealer
or a vehicle auctioneer licensed by | ||||||
13 | the Secretary of State of Illinois, or
to any employee of the
| ||||||
14 | licensee, who is a resident of the State of Illinois,
while the | ||||||
15 | employee is acting in the regular scope of his or her | ||||||
16 | employment for
the licensee
while conducting an auction that is | ||||||
17 | not open to the public, provided that
only new or used vehicle | ||||||
18 | dealers,
rebuilders, automotive parts recyclers, scrap | ||||||
19 | processors, or out-of-state
salvage vehicle buyers licensed by | ||||||
20 | the Secretary of State or licensed by
another jurisdiction may | ||||||
21 | buy property at the auction, or to sales by or
through the | ||||||
22 | licensee.
| ||||||
23 | (c) Nothing in this Act shall be construed to prohibit a | ||||||
24 | person under the
age of 18 from selling property under $250 in | ||||||
25 | value while under the direct
supervision of a licensed | ||||||
26 | auctioneer.
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1 | (d) Nothing in this Act, except Section 10-27, shall be | ||||||
2 | construed to
apply to a person while providing an Internet | ||||||
3 | auction listing service as
defined
in Section 10-27.
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4 | (Source: P.A. 91-603, eff. 1-1-00; 92-798, eff. 8-15-02.)
| ||||||
5 | (225 ILCS 407/10-5)
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6 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
7 | Sec. 10-5. Requirements for auctioneer license; | ||||||
8 | application. Every
person
who desires
to obtain an auctioneer | ||||||
9 | license under this Act shall:
| ||||||
10 | (1) apply to the Department
OBRE on forms provided by | ||||||
11 | the Department
OBRE accompanied by the required
fee;
| ||||||
12 | (2) be at least 18 years of age;
| ||||||
13 | (3) have attained a high school diploma or successfully | ||||||
14 | completed an
equivalent
course of study determined by an | ||||||
15 | examination conducted by the Illinois State
Board of | ||||||
16 | Education;
| ||||||
17 | (4) personally take and pass a written examination | ||||||
18 | authorized by the Department
OBRE to
prove
competence, | ||||||
19 | including but not limited to general knowledge of Illinois | ||||||
20 | and
federal laws pertaining
to personal property | ||||||
21 | contracts, auctions, real property, relevant provisions of
| ||||||
22 | Article 4 of the
Uniform Commercial Code, ethics, and other | ||||||
23 | topics relating to the auction
business; and
| ||||||
24 | (5) submit to the Department
OBRE a properly completed | ||||||
25 | 45-Day Permit Sponsor Card on
forms
provided by the |
| |||||||
| |||||||
1 | Department
OBRE .
| ||||||
2 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
3 | (225 ILCS 407/10-15)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
5 | Sec. 10-15. Requirements for associate auctioneer license; | ||||||
6 | application.
Every person
who desires to obtain an associate | ||||||
7 | auctioneer license under this Act shall:
| ||||||
8 | (1) apply to the Department
OBRE on forms provided by | ||||||
9 | the Department
OBRE accompanied by the required
fee;
| ||||||
10 | (2) be at least 18 years of age;
| ||||||
11 | (3) have attained a high school diploma or successfully | ||||||
12 | completed an
equivalent
course of study determined by an | ||||||
13 | examination conducted by the Illinois State
Board of | ||||||
14 | Education;
| ||||||
15 | (4) personally take and pass a written examination | ||||||
16 | authorized by the Department
OBRE to
prove
competence, | ||||||
17 | including but not limited to general knowledge of Illinois | ||||||
18 | and
federal laws pertaining
to personal property | ||||||
19 | contracts, auctions, real property, relevant provisions of
| ||||||
20 | Article 4 of the
Uniform Commercial Code, ethics, and other | ||||||
21 | topics relating to the auction
business; and
| ||||||
22 | (5) submit to the Department
OBRE a properly completed | ||||||
23 | 45-day permit sponsor card on
forms
provided by the | ||||||
24 | Department
OBRE .
| ||||||
25 | (Source: P.A. 91-603, eff. 1-1-00.)
|
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| |||||||
1 | (225 ILCS 407/10-20)
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2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 10-20. Requirements for auction firm license; | ||||||
4 | application. Any
corporation, limited
liability company, or | ||||||
5 | partnership who desires to obtain an auction firm license
| ||||||
6 | shall:
| ||||||
7 | (1) apply to the Department
OBRE on forms provided by | ||||||
8 | the Department
OBRE accompanied by the required
fee;
and
| ||||||
9 | (2) provide evidence to the Department
OBRE that the | ||||||
10 | auction firm has a properly licensed
managing
auctioneer.
| ||||||
11 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
12 | (225 ILCS 407/10-27)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
14 | Sec. 10-27. Registration of Internet Auction Listing | ||||||
15 | Service.
| ||||||
16 | (a) For the purposes of this Section:
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17 | (1) "Internet Auction Listing Service" means a website | ||||||
18 | on the Internet, or
other interactive computer service that | ||||||
19 | is designed to allow or advertised as a
means of allowing | ||||||
20 | users to offer personal property or services for sale or
| ||||||
21 | lease to a prospective buyer or lessee through an on-line | ||||||
22 | bid submission
process using that website or interactive | ||||||
23 | computer service and that does not
examine, set the price, | ||||||
24 | or prepare the description of the personal property or
|
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1 | service to be offered, or in any way utilize the services | ||||||
2 | of a natural person
as an auctioneer.
| ||||||
3 | (2) "Interactive computer service" means any | ||||||
4 | information service, system,
or access software provider | ||||||
5 | that provides or enables computer access by
multiple users | ||||||
6 | to a computer server, including specifically a service or | ||||||
7 | system
that provides access to the Internet.
| ||||||
8 | (b) It is unlawful for any person, corporation, limited | ||||||
9 | liability company,
partnership, or other entity to provide an | ||||||
10 | Internet auction listing service in
the State of Illinois for | ||||||
11 | compensation without being registered with the Department
| ||||||
12 | Office
of Banks and Real Estate (OBRE) when:
| ||||||
13 | (1) the person, corporation, limited liability | ||||||
14 | company, partnership, or
other entity providing the | ||||||
15 | Internet auction listing service is located in the
State of | ||||||
16 | Illinois;
| ||||||
17 | (2) the prospective seller or seller, prospective | ||||||
18 | lessor or lessor, or
prospective purchaser or purchaser is | ||||||
19 | located in the State of Illinois and is
required to agree | ||||||
20 | to terms with the person, corporation, limited liability
| ||||||
21 | company, partnership, or other entity providing the | ||||||
22 | Internet auction listing
service, no matter where that | ||||||
23 | person, corporation, limited liability
company, | ||||||
24 | partnership, or other entity is located; or
| ||||||
25 | (3) the personal property or services offered for sale | ||||||
26 | or lease are
located or will be provided in the State of |
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| |||||||
1 | Illinois.
| ||||||
2 | (c) Any person, corporation, limited liability company, | ||||||
3 | partnership, or
other entity that provides an Internet auction | ||||||
4 | listing service in the State of
Illinois for compensation under | ||||||
5 | any of the circumstances listed in subsection
(b) shall | ||||||
6 | register with the Department
OBRE on forms provided by the | ||||||
7 | Department
OBRE accompanied by the
required fee as provided by | ||||||
8 | rule. Such registration shall include
information as required | ||||||
9 | by the Department
OBRE and established by rule as the | ||||||
10 | Department
OBRE deems necessary
to enable users of the Internet | ||||||
11 | auction listing service in Illinois to identify
the entity | ||||||
12 | providing the service and to seek redress or further | ||||||
13 | information
from such entity. The fee shall be sufficient to | ||||||
14 | cover the reasonable costs of the Department
OBRE in | ||||||
15 | administering and enforcing the provisions of this Section. The
| ||||||
16 | registrant shall be required to certify:
| ||||||
17 | (1) that the registrant does not act as the agent of | ||||||
18 | users who sell items
on its website, and acts only as a | ||||||
19 | venue for user transactions;
| ||||||
20 | (2) that the registrant requires sellers and bidders to | ||||||
21 | register with the
website and provide their name, address, | ||||||
22 | telephone number and e-mail address;
| ||||||
23 | (3) that the registrant retains such information for a | ||||||
24 | period of at least
2 years;
| ||||||
25 | (4) that the registrant retains transactional | ||||||
26 | information consisting of at
least seller identification, |
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| |||||||
1 | high bidder identification, and item sold for at
least 2 | ||||||
2 | years from the close of a transaction, and has a mechanism | ||||||
3 | to identify
all transactions involving a particular seller | ||||||
4 | or buyer;
| ||||||
5 | (5) that the registrant has a mechanism to receive | ||||||
6 | complaints or inquiries
from users;
| ||||||
7 | (6) that the registrant adopts and reasonably | ||||||
8 | implements a policy of
suspending, in appropriate | ||||||
9 | circumstances, the accounts of users who, based on
the | ||||||
10 | registrant's investigation, are proven to have engaged in a | ||||||
11 | pattern of
activity that appears to be deliberately | ||||||
12 | designed to defraud
consumers on the registrant's website; | ||||||
13 | and
| ||||||
14 | (7) that the registrant will comply with the Department
| ||||||
15 | OBRE and law enforcement requests
for stored data in its | ||||||
16 | possession, subject to the requirements of applicable
law.
| ||||||
17 | (d) The Department
OBRE may refuse to accept a registration | ||||||
18 | which is incomplete or not
accompanied by the required fee. The | ||||||
19 | Department
OBRE may impose a civil penalty not to exceed
| ||||||
20 | $10,000 upon any Internet auction listing service that | ||||||
21 | intentionally fails to
register as required by this Section, | ||||||
22 | and may impose such penalty or
revoke, suspend, or place on | ||||||
23 | probation or administrative supervision
the registration of | ||||||
24 | any Internet auction listing service that:
| ||||||
25 | (1) intentionally makes a false or fraudulent material
| ||||||
26 | representation or material misstatement or |
| |||||||
| |||||||
1 | misrepresentation to the Department
OBRE in
connection | ||||||
2 | with its registration, including in the certification | ||||||
3 | required under
subsection (c);
| ||||||
4 | (2) is convicted of any crime, an essential element of | ||||||
5 | which is
dishonesty, fraud, larceny, embezzlement, or | ||||||
6 | obtaining money, property,
or credit by false pretenses or | ||||||
7 | by means of a confidence game; or is convicted
in this or | ||||||
8 | another state of a crime that is a felony under the laws of | ||||||
9 | this
State; or is convicted of a felony in a federal court;
| ||||||
10 | (3) is adjudged to be a person under legal disability | ||||||
11 | or subject to
involuntary admission or to meet the standard | ||||||
12 | for judicial admission as
provided in the Mental Health and | ||||||
13 | Developmental Disabilities Code;
| ||||||
14 | (4) has been subject to discipline by another state, | ||||||
15 | the District of
Columbia, a territory of the United States, | ||||||
16 | a foreign nation, a governmental
agency, or any other | ||||||
17 | entity authorized to impose discipline if at least one of
| ||||||
18 | the grounds for that discipline is the same as or | ||||||
19 | equivalent to one of the
grounds for discipline set forth | ||||||
20 | in this Section or for failing to report to the Department
| ||||||
21 | OBRE , within 30 days, any adverse final action taken | ||||||
22 | against the
registrant by any other licensing or | ||||||
23 | registering jurisdiction, government
agency, law | ||||||
24 | enforcement agency, or court, or liability for conduct that | ||||||
25 | would
constitute grounds for action as set forth in this | ||||||
26 | Section;
|
| |||||||
| |||||||
1 | (5) fails to make available to the Department
OBRE
| ||||||
2 | personnel during normal business hours
all records and | ||||||
3 | related documents maintained in connection with the | ||||||
4 | activities
subject to registration under this Section;
| ||||||
5 | (6) makes or files false records or reports in | ||||||
6 | connection with activities
subject to registration, | ||||||
7 | including but not limited to false records or reports
filed | ||||||
8 | with State agencies;
| ||||||
9 | (7) fails to provide information within 30 days in | ||||||
10 | response to a written
request made by the Department
OBRE
| ||||||
11 | to a person designated in the registration for receipt
of | ||||||
12 | such requests; or
| ||||||
13 | (8) fails to perform any act or procedure described in | ||||||
14 | subsection (c) of
this Section.
| ||||||
15 | (e) Registrations issued pursuant to this Section shall | ||||||
16 | expire on
September 30 of odd-numbered years. A registrant | ||||||
17 | shall submit a renewal
application to the Department
OBRE on | ||||||
18 | forms provided by the Department
OBRE along with the required | ||||||
19 | fee as
established by rule.
| ||||||
20 | (f) Operating an Internet auction listing service under any | ||||||
21 | of the
circumstances listed in subsection (b) without being | ||||||
22 | currently registered under
this Section is declared to be | ||||||
23 | adverse to the public welfare, to constitute a
public nuisance, | ||||||
24 | and to cause irreparable harm to the public welfare. The | ||||||
25 | Secretary
Commissioner of OBRE , the Attorney General of the | ||||||
26 | State of Illinois, the
State's Attorney of any county in the |
| |||||||
| |||||||
1 | State, or any other person may maintain
an action and apply for | ||||||
2 | injunctive relief in any circuit court to enjoin the
person or | ||||||
3 | entity from engaging in such practice.
| ||||||
4 | (g) The provisions of Sections 20-25, 20-30, 20-35, 20-40, | ||||||
5 | 20-45, 20-50,
20-55, 20-60 and 20-75 of this Act shall apply to | ||||||
6 | any actions of the Department
OBRE
exercising its
authority | ||||||
7 | under subsection (d) as if a person required to register under | ||||||
8 | this
Section were a person holding or claiming to hold a | ||||||
9 | license under this Act.
| ||||||
10 | (h) The Department
OBRE shall have the authority to adopt | ||||||
11 | such rules as may be necessary to
implement or interpret the | ||||||
12 | provisions of this Section.
| ||||||
13 | (Source: P.A. 92-798, eff. 8-15-02.)
| ||||||
14 | (225 ILCS 407/10-30)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
16 | Sec. 10-30. Expiration, renewal, and continuing education.
| ||||||
17 | (a) License expiration dates, renewal periods, renewal | ||||||
18 | fees, and procedures for renewal of licenses issued under this | ||||||
19 | Act shall be set by rule of the Department. An entity may renew | ||||||
20 | its license by paying the required fee and by meeting the | ||||||
21 | renewal requirements adopted by the Department under this | ||||||
22 | Section.
A license issued under this Act shall expire every 2 | ||||||
23 | years beginning on
September 30,
2001. The OBRE shall issue a | ||||||
24 | renewal license without examination to an
applicant upon | ||||||
25 | submission
of a completed renewal application and payment of |
| |||||||
| |||||||
1 | the required fee.
| ||||||
2 | (b) All renewal applicants must provide proof as determined | ||||||
3 | by the Department of having met the continuing education | ||||||
4 | requirements set forth by the Department by rule. At a minimum, | ||||||
5 | the rules shall require an applicant for renewal licensure as | ||||||
6 | an auctioneer or associate auctioneer to provide proof of the | ||||||
7 | completion of at least 12 hours of continuing education during | ||||||
8 | the pre-renewal period preceding the expiration date of the | ||||||
9 | license from schools approved by the Department, as established | ||||||
10 | by rule.
The OBRE shall develop a program for continuing | ||||||
11 | education as established
in
Article 25
of this Act. No | ||||||
12 | auctioneer or associate auctioneer shall receive a renewal
| ||||||
13 | license without completing
12 hours of approved continuing | ||||||
14 | education course work during the pre-renewal
period prior to | ||||||
15 | the
expiration date of the license from continuing education | ||||||
16 | schools that are
approved by the OBRE, as
established in | ||||||
17 | Article 25 of this Act. The applicant shall verify on the
| ||||||
18 | application that he or she:
| ||||||
19 | (1) has complied with the continuing education | ||||||
20 | requirements; or
| ||||||
21 | (2) is exempt from the continuing education | ||||||
22 | requirements because it is his
or
her
first renewal and he | ||||||
23 | or she was initially licensed as an auctioneer or
associate | ||||||
24 | auctioneer during the
pre-renewal period prior to the | ||||||
25 | expiration date.
| ||||||
26 | (c) The Department, in its discretion, may waive |
| |||||||
| |||||||
1 | enforcement of the continuing education requirements of this | ||||||
2 | Section and shall adopt rules defining the standards and | ||||||
3 | criteria for such waiver.
A renewal applicant may request a | ||||||
4 | waiver of the continuing education
requirements under
| ||||||
5 | subsection (d) of this Section, but shall not practice as an | ||||||
6 | auctioneer or
associate auctioneer until
such waiver is granted | ||||||
7 | and a renewal license is issued.
| ||||||
8 | (d) (Blank).
The Commissioner, with the recommendation of | ||||||
9 | the Advisory Board, may
grant
a
renewal applicant a waiver from | ||||||
10 | all or part of the continuing education
requirements for the | ||||||
11 | pre-renewal
period if the applicant was not able to fulfill the | ||||||
12 | requirements as a
result of the following
conditions:
| ||||||
13 | (1) Service in the armed forces of the United States | ||||||
14 | during a substantial
part
of the
pre-renewal period.
| ||||||
15 | (2) Service as an elected State or federal official.
| ||||||
16 | (3) Service as a full-time employee of the OBRE.
| ||||||
17 | (4) Other extreme circumstances as recommended by the | ||||||
18 | Advisory Board.
| ||||||
19 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
20 | (225 ILCS 407/10-35)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
22 | Sec. 10-35. Completed 45-day permit sponsor card; | ||||||
23 | termination by
sponsoring
auctioneer;
inoperative status.
| ||||||
24 | (a) No auctioneer or associate auctioneer shall conduct an | ||||||
25 | auction or
provide
an auction
service without being properly |
| |||||||
| |||||||
1 | sponsored by a licensed auctioneer or auction
firm.
| ||||||
2 | (b) The sponsoring auctioneer or sponsoring auction firm | ||||||
3 | shall prepare upon
forms provided
by the Department
OBRE and | ||||||
4 | deliver to each auctioneer or associate auctioneer employed by
| ||||||
5 | or associated with
the sponsoring auctioneer or sponsoring | ||||||
6 | auction firm a properly completed
duplicate 45-day permit
| ||||||
7 | sponsor card certifying that the person whose name appears | ||||||
8 | thereon is in fact
employed by or
associated with said | ||||||
9 | sponsoring auctioneer or sponsoring auction firm. The
| ||||||
10 | sponsoring auctioneer
or sponsoring auction firm shall send the | ||||||
11 | original 45-day permit sponsor card,
along with a valid
| ||||||
12 | terminated license or other authorization as provided by rule | ||||||
13 | and the
appropriate fee, to the Department
OBRE
within 24 hours | ||||||
14 | after the issuance of the sponsor card. It is a violation of
| ||||||
15 | this Act for any sponsoring
auctioneer or sponsoring auction | ||||||
16 | firm to issue a sponsor card to any
auctioneer, associate | ||||||
17 | auctioneer,
or applicant, unless the auctioneer, associate | ||||||
18 | auctioneer, or applicant
presents in hand a valid
terminated | ||||||
19 | license or other authorization, as provided by rule.
| ||||||
20 | (c) An auctioneer may be self-sponsored or may be sponsored | ||||||
21 | by another
licensed auctioneer
or auction firm.
| ||||||
22 | (d) An associate auctioneer must be sponsored by a licensed | ||||||
23 | auctioneer or
auction firm.
| ||||||
24 | (e) When an auctioneer or associate auctioneer terminates | ||||||
25 | his or her
employment
or
association with a sponsoring | ||||||
26 | auctioneer or sponsoring auction firm or the
employment or
|
| |||||||
| |||||||
1 | association is terminated by the sponsoring auctioneer or | ||||||
2 | sponsoring auction
firm, the terminated
licensee shall obtain | ||||||
3 | from that sponsoring auctioneer or sponsoring auction
firm his | ||||||
4 | or her license
endorsed by the sponsoring auctioneer or | ||||||
5 | sponsoring auction firm indicating the
termination. The
| ||||||
6 | terminating sponsoring auctioneer or sponsoring auction firm | ||||||
7 | shall send a copy
of the terminated
license within 5 days after | ||||||
8 | the termination to the Department
OBRE or shall notify the | ||||||
9 | Department
OBRE in writing of the
termination and explain why a | ||||||
10 | copy of the terminated license was not
surrendered.
| ||||||
11 | (f) The license of any auctioneer or associate auctioneer | ||||||
12 | whose association
with a sponsoring
auctioneer or sponsoring | ||||||
13 | auction firm has terminated shall automatically become
| ||||||
14 | inoperative
immediately upon such termination, unless the | ||||||
15 | terminated licensee accepts
employment or becomes
associated | ||||||
16 | with a new sponsoring auctioneer or sponsoring auction firm | ||||||
17 | pursuant
to subsection (g)
of this Section. An inoperative | ||||||
18 | licensee under this Act shall not conduct an
auction or provide
| ||||||
19 | auction services while the license is in inoperative status.
| ||||||
20 | (g) When a terminated or inoperative auctioneer or | ||||||
21 | associate auctioneer
accepts employment
or becomes associated | ||||||
22 | with a new sponsoring auctioneer or sponsoring auction
firm, | ||||||
23 | the new
sponsoring auctioneer or sponsoring auction firm shall | ||||||
24 | send to the Department
OBRE a
properly completed 45-day
permit | ||||||
25 | sponsor card, the terminated license, and the appropriate fee.
| ||||||
26 | (Source: P.A. 91-603, eff. 1-1-00.)
|
| |||||||
| |||||||
1 | (225 ILCS 407/10-40)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 10-40. Restoration.
| ||||||
4 | (a) A licensee whose license has lapsed or expired shall | ||||||
5 | have 2 years from
the
expiration date
to restore his or her | ||||||
6 | license without examination. The expired licensee shall
make | ||||||
7 | application to the Department
OBRE on forms provided by the | ||||||
8 | Department
OBRE , including a properly completed 45-day
permit | ||||||
9 | sponsor card,
provide evidence of successful completion of 12 | ||||||
10 | hours of approved continuing
education during the
period of | ||||||
11 | time the license had lapsed, and pay all lapsed fees and | ||||||
12 | penalties as
established by
administrative rule.
| ||||||
13 | (b) Notwithstanding any other provisions of this Act to the | ||||||
14 | contrary, any
licensee whose
license under this Act has expired | ||||||
15 | is eligible to restore such license without
paying any lapsed | ||||||
16 | fees
and penalties provided that the license expired while the | ||||||
17 | licensee was:
| ||||||
18 | (1) on active duty with the United States Army, United | ||||||
19 | States
State Marine Corps,
United
States Navy, United | ||||||
20 | States Air Force, United States Coast Guard, the State
| ||||||
21 | Militia called into service
or training;
| ||||||
22 | (2) engaged in training or education under the | ||||||
23 | supervision of the United
States
prior
to induction into | ||||||
24 | military service; or
| ||||||
25 | (3) serving as an employee of the Department
OBRE , |
| |||||||
| |||||||
1 | while the employee was required to
surrender his or her | ||||||
2 | license due to a possible conflict of interest.
| ||||||
3 | A licensee shall be eligible to restore a license under the | ||||||
4 | provisions of
this subsection for a
period of 2 years following | ||||||
5 | the termination of the service, education, or
training by | ||||||
6 | providing a
properly completed application and 45-day permit | ||||||
7 | sponsor card, provided that
the termination was
by other than | ||||||
8 | dishonorable discharge and provided that the licensee | ||||||
9 | furnishes
the Department
OBRE with an
affidavit specifying that | ||||||
10 | the licensee has been so engaged.
| ||||||
11 | (c) At any time after the suspension, revocation, placement | ||||||
12 | on probationary
status, or other
disciplinary action taken | ||||||
13 | under this Act with reference to any license, the Department
| ||||||
14 | OBRE may restore the
license to the licensee without | ||||||
15 | examination upon the order of the Secretary
Commissioner ,
if | ||||||
16 | the licensee
submits a properly completed application and | ||||||
17 | 45-day permit sponsor card, pays
appropriate fees, and
| ||||||
18 | otherwise complies with the conditions of the order.
| ||||||
19 | (Source: P.A. 91-603, eff. 1-1-00; revised 10-11-05.)
| ||||||
20 | (225 ILCS 407/10-45)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
22 | Sec. 10-45. Nonresident auctioneer reciprocity.
| ||||||
23 | (a) A person holding a license to engage in auctions issued | ||||||
24 | to him or her by
the proper
authority of a state, territory, or | ||||||
25 | possession of the United States of America
or the District of
|
| |||||||
| |||||||
1 | Columbia that has licensing requirements equal to or | ||||||
2 | substantially equivalent
to the requirements
of this State and | ||||||
3 | that otherwise meets the requirements of this Act may obtain
a | ||||||
4 | license under this
Act without examination, provided:
| ||||||
5 | (1) that the Department
OBRE has entered into a valid | ||||||
6 | reciprocal agreement with the
proper
authority of the | ||||||
7 | state, territory, or possession of the United States of
| ||||||
8 | America or the District of
Columbia from which the | ||||||
9 | nonresident applicant has a valid license;
| ||||||
10 | (2) that the applicant provides the Department
OBRE
| ||||||
11 | with a certificate of good
standing
from the
applicant's | ||||||
12 | resident state;
| ||||||
13 | (3) that the applicant completes and submits an | ||||||
14 | application as provided by
the Department
OBRE ;
and
| ||||||
15 | (4) that the applicant pays all applicable fees | ||||||
16 | required under this Act.
| ||||||
17 | (b) A nonresident applicant shall file an irrevocable | ||||||
18 | consent with the Department
OBRE
that actions may
be commenced | ||||||
19 | against the applicant or nonresident licensee in a court of
| ||||||
20 | competent jurisdiction in
this State by the service of summons, | ||||||
21 | process, or other pleading authorized by
the law upon the | ||||||
22 | Secretary
Commissioner . The consent shall stipulate and agree | ||||||
23 | that service of the
process, summons, or
pleading upon the | ||||||
24 | Secretary
Commissioner shall be taken and held in all courts to | ||||||
25 | be
valid and binding as if
actual service had been made upon | ||||||
26 | the applicant in Illinois. If a summons,
process, or other |
| |||||||
| |||||||
1 | pleading
is served upon the Secretary
Commissioner , it shall be | ||||||
2 | by duplicate copies, one of which
shall be retained by
the | ||||||
3 | Department
OBRE and the other immediately forwarded by | ||||||
4 | certified or registered mail to
the last known
business address | ||||||
5 | of the applicant or nonresident licensee against whom the
| ||||||
6 | summons, process, or other
pleading may be directed.
| ||||||
7 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
8 | (225 ILCS 407/10-50)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
10 | Sec. 10-50. Fees. Fees shall be determined by rule and | ||||||
11 | shall be non-refundable.
The OBRE shall provide by | ||||||
12 | administrative rule for fees
to be paid by
applicants, | ||||||
13 | licensees, and schools to cover the reasonable costs of the | ||||||
14 | OBRE in
administering and
enforcing the provisions of this Act.
| ||||||
15 | The Department
OBRE shall provide by administrative
rule for | ||||||
16 | fees to be
collected from licensees and applicants to cover the | ||||||
17 | statutory requirements for
funding the
Auctioneer Recovery | ||||||
18 | Fund. The Department
OBRE may also provide by administrative | ||||||
19 | rule for
general fees to
cover the reasonable expenses of | ||||||
20 | carrying out other functions and
responsibilities under this | ||||||
21 | Act.
| ||||||
22 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
23 | (225 ILCS 407/20-5)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2010)
|
| |||||||
| |||||||
1 | Sec. 20-5. Unlicensed practice; civil penalty.
| ||||||
2 | (a) Any person who practices, offers to practice, attempts | ||||||
3 | to practice, or
holds oneself out to
practice as an auctioneer, | ||||||
4 | an associate auctioneer, an auction firm, or any
other licensee | ||||||
5 | under this
Act without being licensed under this Act shall, in | ||||||
6 | addition to any other
penalty provided by law,
pay a civil | ||||||
7 | penalty
fine to the Department
OBRE in an amount not to exceed | ||||||
8 | $10,000 for each offense as
determined by the Department
OBRE . | ||||||
9 | The civil penalty fine shall be assessed by the Department
OBRE
| ||||||
10 | after a hearing is held in
accordance with the
provisions set | ||||||
11 | forth in this Act regarding a hearing for the discipline of a
| ||||||
12 | license.
| ||||||
13 | (b) The Department
OBRE has the authority and power to | ||||||
14 | investigate any and all
unlicensed
activity
pursuant to this | ||||||
15 | Act.
| ||||||
16 | (c) The civil penalty
fine shall be paid within 60 days | ||||||
17 | after the effective date of
the
order imposing
the civil | ||||||
18 | penalty
fine . The order shall constitute a judgment
judgement
| ||||||
19 | and may be filed and
execution had thereon
in the same manner | ||||||
20 | from any court of record.
| ||||||
21 | (d) Conducting an auction or providing an auction service | ||||||
22 | in Illinois
without
holding a valid
and current license under | ||||||
23 | this Act is declared to be adverse to the public
welfare, to | ||||||
24 | constitute a
public nuisance, and to cause irreparable harm to | ||||||
25 | the public welfare. The Secretary
Commissioner , the
Attorney | ||||||
26 | General, the State's Attorney of any county in the State, or |
| |||||||
| |||||||
1 | any other
person may maintain
an action in the name of the | ||||||
2 | People of the State of Illinois and may apply for
injunctive | ||||||
3 | relief in any
circuit court to enjoin the person or entity from | ||||||
4 | engaging in such practice.
| ||||||
5 | Upon the filing of a verified petition in a circuit court, | ||||||
6 | the court, if
satisfied by affidavit or
otherwise that the | ||||||
7 | person or entity has been engaged in the practice of
auctioning | ||||||
8 | without a valid and
current license, may enter a temporary | ||||||
9 | restraining order without notice or bond
enjoining the
| ||||||
10 | defendant from further practice. Only the showing of | ||||||
11 | non-licensure, by
affidavit or otherwise, is
necessary in order | ||||||
12 | for a temporary injunction to be issued. A copy of the
verified | ||||||
13 | complaint shall
be served upon the defendant and the | ||||||
14 | proceedings shall thereafter be conducted
as in other civil | ||||||
15 | cases
except as modified by this Section. If it is established | ||||||
16 | that the defendant
has been or is engaged in
unlawful practice, | ||||||
17 | the court may enter an order or judgment perpetually
enjoining | ||||||
18 | the defendant from
further practice. In all proceedings | ||||||
19 | hereunder, the court, in its discretion,
may apportion the | ||||||
20 | costs
among the parties interested in the action, including | ||||||
21 | cost of filing the
complaint, service of process,
witness fees | ||||||
22 | and expenses, court reporter charges, and reasonable | ||||||
23 | attorneys'
fees. In case of violation
of any injunctive order | ||||||
24 | entered under the provisions of this Section, the court
may | ||||||
25 | summarily try and
punish the offender for contempt of court. | ||||||
26 | These injunction proceedings shall
be in addition to, and
not |
| |||||||
| |||||||
1 | in lieu of, all penalties and other remedies provided in this | ||||||
2 | Act.
| ||||||
3 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
4 | (225 ILCS 407/20-15)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
6 | Sec. 20-15. Disciplinary actions; grounds. The Department
| ||||||
7 | OBRE may refuse to issue
or renew a
license, may place on | ||||||
8 | probation or administrative supervision, suspend, or
revoke | ||||||
9 | any license or may
reprimand or take other disciplinary or | ||||||
10 | non-disciplinary action as the Department may deem proper, | ||||||
11 | including the imposition of fines
otherwise discipline or | ||||||
12 | impose a civil fine not to exceed $10,000 for each violation | ||||||
13 | upon anyone licensed under this Act for any of the following | ||||||
14 | reasons
upon any licensee
hereunder for any one or any | ||||||
15 | combination of the following causes :
| ||||||
16 | (1) False or fraudulent representation or material | ||||||
17 | misstatement in
furnishing
information to the Department
| ||||||
18 | OBRE in obtaining or seeking to obtain a license.
| ||||||
19 | (2) Violation of any provision of this Act or the rules | ||||||
20 | promulgated
pursuant
to this
Act.
| ||||||
21 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
22 | contendere to any crime that is a felony , an essential | ||||||
23 | element of which is dishonesty
or
fraud, or
larceny, | ||||||
24 | embezzlement, or obtaining money, property, or credit by | ||||||
25 | false
pretenses or by means of
a confidence game, |
| |||||||
| |||||||
1 | conviction in this or another state of a crime that is a
| ||||||
2 | felony under the laws of
this State, or conviction of a | ||||||
3 | felony in a federal court.
| ||||||
4 | (4) Being adjudged to be a person under legal | ||||||
5 | disability or subject to
involuntary
admission or to meet | ||||||
6 | the standard for judicial admission as provided in the
| ||||||
7 | Mental Health and
Developmental Disabilities Code.
| ||||||
8 | (5) Discipline of a licensee by another state, the | ||||||
9 | District of Columbia, a
territory of
the United States, a | ||||||
10 | foreign nation, a governmental agency, or any other entity
| ||||||
11 | authorized to impose
discipline if at least one of the | ||||||
12 | grounds for that discipline is the same as or
the | ||||||
13 | equivalent to one of
the grounds for discipline set forth | ||||||
14 | in this Act or for failing to report to
the Department
| ||||||
15 | OBRE , within 30 days,
any adverse final action taken | ||||||
16 | against the licensee by any other licensing
jurisdiction,
| ||||||
17 | government agency, law enforcement agency, or court, or | ||||||
18 | liability for conduct
that would constitute
grounds for | ||||||
19 | action as set forth in this Act.
| ||||||
20 | (6) Engaging in the practice of auctioneering, | ||||||
21 | conducting an auction, or
providing an
auction service | ||||||
22 | without a license or after the license was expired, | ||||||
23 | revoked,
suspended, or terminated
or while the license was | ||||||
24 | inoperative.
| ||||||
25 | (7) Attempting to subvert or cheat on the auctioneer | ||||||
26 | exam or any
continuing
education exam, or aiding or |
| |||||||
| |||||||
1 | abetting another to do the same.
| ||||||
2 | (8) Directly or indirectly giving to or receiving from | ||||||
3 | a person, firm,
corporation,
partnership, or association a | ||||||
4 | fee, commission, rebate, or other form of
compensation for | ||||||
5 | professional
service not actually or personally rendered.
| ||||||
6 | (9) Making any substantial misrepresentation or | ||||||
7 | untruthful advertising.
| ||||||
8 | (10) Making any false promises of a character likely to | ||||||
9 | influence,
persuade,
or
induce.
| ||||||
10 | (11) Pursuing a continued and flagrant course of | ||||||
11 | misrepresentation or the
making of
false promises through a | ||||||
12 | licensee, agent, employee, advertising, or otherwise.
| ||||||
13 | (12) Any misleading or untruthful advertising, or | ||||||
14 | using any trade name or
insignia
of membership in any | ||||||
15 | auctioneer association or organization of which the
| ||||||
16 | licensee is not a member.
| ||||||
17 | (13) Commingling funds of others with his or her own | ||||||
18 | funds or failing to
keep
the
funds of others in an escrow | ||||||
19 | or trustee account.
| ||||||
20 | (14) Failure to account for, remit, or return any | ||||||
21 | moneys, property, or
documents
coming into his or her | ||||||
22 | possession that belong to others, acquired through the
| ||||||
23 | practice of
auctioneering, conducting an auction, or | ||||||
24 | providing an auction service within 30
days of the written
| ||||||
25 | request from the owner of said moneys, property, or | ||||||
26 | documents.
|
| |||||||
| |||||||
1 | (15) Failure to maintain and deposit into a special | ||||||
2 | account, separate and
apart from
any personal or other | ||||||
3 | business accounts, all moneys belonging to others
| ||||||
4 | entrusted to a licensee while
acting as an auctioneer, | ||||||
5 | associate auctioneer, auction firm, or as a temporary
| ||||||
6 | custodian of the funds
of others.
| ||||||
7 | (16) Failure to make available to Department
OBRE
| ||||||
8 | personnel during normal business
hours
all
escrow and | ||||||
9 | trustee records and related documents maintained in | ||||||
10 | connection with
the practice of
auctioneering, conducting | ||||||
11 | an auction, or providing an auction service within 24
hours | ||||||
12 | after a request
from Department
OBRE personnel.
| ||||||
13 | (17) Making or filing false records or reports in his | ||||||
14 | or her practice,
including but not
limited to false records | ||||||
15 | or reports filed with State agencies.
| ||||||
16 | (18) Failing to voluntarily furnish copies of all | ||||||
17 | written instruments
prepared by the
auctioneer and signed | ||||||
18 | by all parties to all parties at the time of execution.
| ||||||
19 | (19) Failing to provide information within 30 days in | ||||||
20 | response to a
written
request
made by the Department
OBRE .
| ||||||
21 | (20) Engaging in any act that constitutes a violation | ||||||
22 | of Section 2-102,
3-103, or
3-105 of the Illinois Human | ||||||
23 | Rights Act.
| ||||||
24 | (21) Causing a payment from the Auction Recovery Fund.
| ||||||
25 | (22) Engaging in dishonorable, unethical, or | ||||||
26 | unprofessional conduct of a
character
likely to deceive, |
| |||||||
| |||||||
1 | defraud, or harm the public.
| ||||||
2 | (23) Offering or advertising real estate for sale or | ||||||
3 | lease at auction
without
a valid
broker or salesperson's | ||||||
4 | license under the Real Estate License Act of 1983, or
any | ||||||
5 | successor Act,
unless exempt from licensure under the terms | ||||||
6 | of the Real Estate License Act of 2001
1983 , or any
| ||||||
7 | successor Act.
| ||||||
8 | (24) Physical illness, mental illness, or other | ||||||
9 | impairment including without limitation deterioration | ||||||
10 | through the aging process, mental illness, or disability | ||||||
11 | that results in the inability to practice the profession | ||||||
12 | with reasonable judgment, skill, and safety. | ||||||
13 | (25) A pattern of practice or other behavior that
| ||||||
14 | demonstrates incapacity or incompetence to practice under | ||||||
15 | this Act. | ||||||
16 | (26) Being named as a perpetrator in an indicated
| ||||||
17 | report by the Department of Children and Family Services | ||||||
18 | under the Abused and Neglected Child Reporting Act and upon | ||||||
19 | proof by clear and convincing evidence that the licensee | ||||||
20 | has caused a child to be an abused child or a neglected | ||||||
21 | child as defined in the Abused and Neglected Child | ||||||
22 | Reporting Act. | ||||||
23 | (27) Habitual or excessive use or addiction to
alcohol, | ||||||
24 | narcotics, stimulants, or any other chemical agent or drug | ||||||
25 | that results in a licensee's inability to practice with | ||||||
26 | reasonable judgment, skill, or safety. |
| |||||||
| |||||||
1 | (28) Wilfully failing to report an instance of
| ||||||
2 | suspected child abuse or neglect as required by the Abused | ||||||
3 | and Neglected Child Reporting Act. | ||||||
4 | The entry of an order by a circuit court establishing that | ||||||
5 | any person holding a license under this Act is subject to | ||||||
6 | involuntary admission or judicial admission, as provided for in | ||||||
7 | the Mental Health and Developmental Disabilities Code, | ||||||
8 | operates as an automatic suspension of that license. That | ||||||
9 | person may have his or her license restored only upon the | ||||||
10 | determination by a circuit court that the patient is no longer | ||||||
11 | subject to involuntary admission or judicial admission and the | ||||||
12 | issuance of an order so finding and discharging the patient and | ||||||
13 | upon the Board's recommendation to the Department that the | ||||||
14 | license be restored. Where circumstances so indicate, the Board | ||||||
15 | may recommend to the Department that it require an examination | ||||||
16 | prior to restoring a suspended license. | ||||||
17 | If the Department or Board finds an individual unable to | ||||||
18 | practice because of the reasons set forth in this Section, the | ||||||
19 | Department or Board may require that individual to submit to | ||||||
20 | care, counseling, or treatment by physicians approved or | ||||||
21 | designated by the Department or Board, as a condition, term, or | ||||||
22 | restriction for continued, reinstated, or renewed licensure to | ||||||
23 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
24 | Department may file, or the Board may recommend to the | ||||||
25 | Department to file, a complaint to immediately suspend, revoke, | ||||||
26 | or otherwise discipline the license of the individual. An |
| |||||||
| |||||||
1 | individual whose license was granted, continued, reinstated, | ||||||
2 | renewed, disciplined or supervised subject to such terms, | ||||||
3 | conditions, or restrictions, and who fails to comply with such | ||||||
4 | terms, conditions, or restrictions, shall be referred to the | ||||||
5 | Secretary for a determination as to whether the individual | ||||||
6 | shall have his or her license suspended immediately, pending a | ||||||
7 | hearing by the Department.
In instances in which the Secretary | ||||||
8 | immediately suspends a person's license under this Section, a | ||||||
9 | hearing on that person's license must be convened by the | ||||||
10 | Department within 21 days after the suspension and completed | ||||||
11 | without appreciable delay. The Department and Board shall have | ||||||
12 | the authority to review the subject individual's record of | ||||||
13 | treatment and counseling regarding the impairment to the extent | ||||||
14 | permitted by applicable federal statutes and regulations | ||||||
15 | safeguarding the confidentiality of medical 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. 91-603, eff. 1-1-00.)
| ||||||
16 | (225 ILCS 407/20-20)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
18 | Sec. 20-20. Termination without hearing for failure to pay | ||||||
19 | taxes, child
support, or a
student loan. The Department
OBRE
| ||||||
20 | may terminate or otherwise discipline any license issued
under | ||||||
21 | this Act without
hearing if the appropriate administering | ||||||
22 | agency provides adequate information
and proof that the
| ||||||
23 | licensee has:
| ||||||
24 | (1) failed to file a return, to pay the tax, penalty, | ||||||
25 | or interest shown in
a filed return,
or to pay any final |
| |||||||
| |||||||
1 | assessment of tax, penalty, or interest, as required by any
| ||||||
2 | tax act administered by
the Illinois Department of Revenue | ||||||
3 | until the requirements of the tax act are
satisfied;
| ||||||
4 | (2) failed to pay any court ordered child support as | ||||||
5 | determined by a court
order or by
referral from the | ||||||
6 | Department of Healthcare and Family Services (formerly
| ||||||
7 | Illinois Department of Public Aid ) ; or
| ||||||
8 | (3) failed to repay any student loan or assistance as | ||||||
9 | determined by the
Illinois Student
Assistance | ||||||
10 | Commission.
If a license is terminated or otherwise | ||||||
11 | disciplined pursuant to this Section,
the licensee may
| ||||||
12 | request a hearing as provided by this Act within 30 days of | ||||||
13 | notice of
termination or discipline.
| ||||||
14 | (Source: P.A. 91-603, eff. 1-1-00; revised 12-15-05.)
| ||||||
15 | (225 ILCS 407/20-25)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
17 | Sec. 20-25. Investigation. The Department
OBRE may | ||||||
18 | investigate the actions or
qualifications of any
person or | ||||||
19 | persons holding or claiming to hold a license under this Act , | ||||||
20 | who
shall hereinafter be
called the respondent .
| ||||||
21 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
22 | (225 ILCS 407/20-30)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
24 | Sec. 20-30. Consent orders. Notwithstanding any provisions |
| |||||||
| |||||||
1 | concerning
the
conduct of
hearings and recommendations for | ||||||
2 | disciplinary actions, the Department
OBRE has the authority
to | ||||||
3 | negotiate
agreements with licensees and applicants resulting | ||||||
4 | in disciplinary consent
orders. The consent
orders may provide | ||||||
5 | for any form of discipline provided for in this Act. The
| ||||||
6 | consent orders shall
provide that they were not entered into as | ||||||
7 | a result of any coercion by the Department
OBRE .
Any consent | ||||||
8 | order
shall be accepted by or rejected by the Secretary
| ||||||
9 | Commissioner in a timely manner.
| ||||||
10 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
11 | (225 ILCS 407/20-35)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 20-35. Subpoenas; attendance of witnesses; oaths.
| ||||||
14 | (a) The Department
OBRE shall have the power to issue | ||||||
15 | subpoenas ad testificandum (subpoena
for
documents) and to | ||||||
16 | bring before it any persons and to take testimony, either
| ||||||
17 | orally or by deposition
or both, with the same fees and mileage | ||||||
18 | and in the same manner as prescribed in
civil cases in the
| ||||||
19 | courts of this State. The Department
OBRE shall have the power | ||||||
20 | to issue subpoenas duces tecum
and to bring before
it any | ||||||
21 | documents, papers, files, books, and records with the same | ||||||
22 | costs and in
the same manner as
prescribed in civil cases in | ||||||
23 | the courts of this State.
| ||||||
24 | (b) Any circuit court may, upon application of the | ||||||
25 | Department
OBRE or its designee or of
the
applicant,
licensee, |
| |||||||
| |||||||
1 | or person holding a certificate of licensure against whom | ||||||
2 | proceedings
under this Act are
pending, enter an order | ||||||
3 | compelling the enforcement of any Department
OBRE subpoena | ||||||
4 | issued
in connection
with any hearing or investigation.
| ||||||
5 | (c) The Secretary
Commissioner or his or her designee or | ||||||
6 | the Board shall have power to
administer
oaths to witnesses at | ||||||
7 | any hearing that the Department
OBRE is authorized to conduct | ||||||
8 | and any
other oaths authorized
in any Act administered by the | ||||||
9 | Department
OBRE .
| ||||||
10 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
11 | (225 ILCS 407/20-40)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 20-40. Hearings; record of hearings.
| ||||||
14 | (a) The Department
OBRE shall have the authority to conduct | ||||||
15 | hearings before the Advisory
Board
on
proceedings to revoke, | ||||||
16 | suspend, place on probation or administrative review,
| ||||||
17 | reprimand, or refuse
to issue or renew any license under this | ||||||
18 | Act or to impose a civil penalty not
to exceed $10,000 upon
any | ||||||
19 | licensee under this Act.
| ||||||
20 | (b) The Department
OBRE , at its expense, shall preserve a | ||||||
21 | record of all proceedings at the
formal hearing of
any case | ||||||
22 | involving the discipline of any license under this Act. The | ||||||
23 | notice of
hearing, complaint and
all other documents in the | ||||||
24 | nature of pleadings and written motions filed in the
| ||||||
25 | proceedings, the
transcript of testimony, the report of the |
| |||||||
| |||||||
1 | Board, and the order of the Department
OBRE shall
be the record | ||||||
2 | of
proceeding. At all hearings or prehearing conference, the | ||||||
3 | Department
OBRE and the respondent
shall be entitled
to have a | ||||||
4 | court reporter in attendance for purposes of transcribing the
| ||||||
5 | proceeding or prehearing
conference.
| ||||||
6 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
7 | (225 ILCS 407/20-45)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
9 | Sec. 20-45. Notice. The Department
OBRE shall (i) notify | ||||||
10 | the respondent in writing at
least 30 days prior
to the date | ||||||
11 | set for the hearing of any charges made and the time and place | ||||||
12 | for
the hearing of the
charges to be heard under oath and (ii) | ||||||
13 | inform the respondent that, upon
failure to file an answer
| ||||||
14 | before the date originally set for the hearing, default will be | ||||||
15 | taken against
the
respondent and the
respondent's license may | ||||||
16 | be suspended, revoked, or otherwise disciplined as the | ||||||
17 | Department
OBRE may deem
proper before taking any disciplinary | ||||||
18 | action with regard to any license under
this Act.
| ||||||
19 | If the respondent fails to file an answer after receiving | ||||||
20 | notice, the
respondent's license may,
in the discretion of the | ||||||
21 | Department
OBRE , be revoked, suspended, or otherwise | ||||||
22 | disciplined as
deemed proper,
without a hearing, if the act or | ||||||
23 | acts charged constitute sufficient grounds for
such action | ||||||
24 | under this
Act.
| ||||||
25 | At the time and place fixed in the notice, the Department
|
| |||||||
| |||||||
1 | OBRE shall proceed to hearing of
the charges and
both the | ||||||
2 | respondent and the complainant shall be accorded ample | ||||||
3 | opportunity to
present in person
or by counsel such statements, | ||||||
4 | testimony, evidence, and argument as may be
pertinent to the | ||||||
5 | charges
or any defense thereto.
| ||||||
6 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
7 | (225 ILCS 407/20-50)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
9 | Sec. 20-50. Board's findings of fact, conclusions of law, | ||||||
10 | and
recommendation to the Secretary
Commissioner . At the | ||||||
11 | conclusion of the hearing, the Advisory Board shall
present to | ||||||
12 | the Secretary
Commissioner a written report of its findings of | ||||||
13 | facts, conclusions of law, and
recommendations
regarding | ||||||
14 | discipline or a fine. The report shall contain a finding | ||||||
15 | whether or
not the accused person
violated this Act or failed | ||||||
16 | to comply with the conditions required in this Act.
The | ||||||
17 | Advisory Board
shall specify the nature of the violation or | ||||||
18 | failure to comply and shall make
its recommendations to
the | ||||||
19 | Secretary
Commissioner .
| ||||||
20 | If the Secretary
Commissioner disagrees in any regard with | ||||||
21 | the report of the Advisory
Board, the Secretary
Commissioner
| ||||||
22 | may issue an order in contravention of the report. The | ||||||
23 | Secretary
Commissioner shall provide
a written report to the | ||||||
24 | Advisory Board on any deviation and shall specify with
| ||||||
25 | particularity the
reasons for that action in the final order.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
2 | (225 ILCS 407/20-55)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
4 | Sec. 20-55. Motion for rehearing; rehearing. In any hearing | ||||||
5 | involving
the
discipline of
a license, a copy of the Advisory | ||||||
6 | Board's report shall be served upon the
respondent by the | ||||||
7 | Department
OBRE , either
personally or as provided in this Act | ||||||
8 | for the service of the notice of hearing.
Within 20 calendar
| ||||||
9 | days after the service, the respondent may present to the | ||||||
10 | Department
OBRE a motion in writing
for a rehearing,
which | ||||||
11 | shall specify the particular grounds for rehearing.
| ||||||
12 | If no motion for rehearing is filed, then upon the | ||||||
13 | expiration of the time
specified for filing
a motion, or if a | ||||||
14 | motion for rehearing is denied, then upon denial, the Secretary
| ||||||
15 | Commissioner may enter an
order in accordance with the | ||||||
16 | recommendations of the Advisory Board, except as
provided for | ||||||
17 | in this
Act. If the respondent orders a transcript of the | ||||||
18 | record from the reporting
service and pays for it
within the | ||||||
19 | time for filing a motion for rehearing, the 20 calendar day | ||||||
20 | period
within which a motion
for rehearing may be filed shall | ||||||
21 | commence upon the delivery of the transcript
to the respondent.
| ||||||
22 | Whenever the Secretary
Commissioner is not satisfied that | ||||||
23 | substantial justice has been
done in the hearing or
in the | ||||||
24 | Advisory Board's report, the Secretary
Commissioner may order a | ||||||
25 | rehearing by the
same.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
2 | (225 ILCS 407/20-60)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
4 | Sec. 20-60. Order; certified copy. An order or a certified | ||||||
5 | copy of an
order, over the seal
of the Department
OBRE and | ||||||
6 | purporting to be signed by the Secretary
Commissioner or his or | ||||||
7 | her designee,
shall be prima
facie proof that:
| ||||||
8 | (1) the signature is the genuine signature of the | ||||||
9 | Secretary
Commissioner or his or
her
designee;
| ||||||
10 | (2) the Secretary
Commissioner is duly appointed and | ||||||
11 | qualified; and
| ||||||
12 | (3) the Advisory Board is duly appointed and qualified.
| ||||||
13 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
14 | (225 ILCS 407/20-65)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
16 | Sec. 20-65. Restoration of license. At any time after the | ||||||
17 | suspension or
revocation of any
license, the Department
OBRE
| ||||||
18 | may restore the license to the accused person upon the written
| ||||||
19 | recommendation of
the Advisory Board, unless after an | ||||||
20 | investigation and a hearing the Advisory
Board determines that
| ||||||
21 | restoration is not in the public interest.
| ||||||
22 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
23 | (225 ILCS 407/20-70)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
2 | Sec. 20-70. Surrender of license. Upon the revocation or | ||||||
3 | suspension of
any license the
licensee shall immediately | ||||||
4 | surrender the license to the Department
OBRE . If the licensee
| ||||||
5 | fails to do so, the Department
OBRE shall
have the right to | ||||||
6 | seize the license.
| ||||||
7 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
8 | (225 ILCS 407/20-75)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
10 | Sec. 20-75. Administrative Review Law. All final | ||||||
11 | administrative
decisions
of the Department
OBRE are
subject to | ||||||
12 | judicial review under the Administrative Review Law and its | ||||||
13 | rules.
The term
"administrative decision" is defined as in | ||||||
14 | Section 3-101 of the Code of Civil
Procedure.
| ||||||
15 | Proceedings for judicial review shall be commenced in the | ||||||
16 | circuit court of
the
county in
which the party applying for | ||||||
17 | review resides, but if the party is not a resident
of this | ||||||
18 | State, the venue
shall be in Cook or Sangamon County.
| ||||||
19 | Pending final decision on the review, the acts, orders, | ||||||
20 | sanctions, and
rulings
of the Department
OBRE
regarding any | ||||||
21 | license shall remain in full force and effect, unless modified | ||||||
22 | or
suspended by a court
order pending final judicial decision. | ||||||
23 | The Department
OBRE shall not be required to certify
any record | ||||||
24 | to the court,
file any answer in court, or otherwise appear in | ||||||
25 | any court in a judicial review
proceeding, unless
there is |
| |||||||
| |||||||
1 | filed in the court, with the complaint, a receipt from the | ||||||
2 | Department
OBRE
acknowledging payment of the
costs of | ||||||
3 | furnishing and certifying the record. Failure on the part of | ||||||
4 | the
plaintiff to file a receipt in
court shall be grounds for | ||||||
5 | dismissal of the action.
| ||||||
6 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
7 | (225 ILCS 407/20-80)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
9 | Sec. 20-80. Summary suspension. The Secretary
Commissioner
| ||||||
10 | may temporarily suspend
any
license pursuant to this Act, | ||||||
11 | without hearing, simultaneously with the
institution of | ||||||
12 | proceedings for
a hearing provided for in this Act, if the | ||||||
13 | Secretary
Commissioner finds that the evidence
indicates that | ||||||
14 | the
public interest, safety, or welfare requires emergency | ||||||
15 | action. In the event
that the Secretary
Commissioner
| ||||||
16 | temporarily suspends any license without a hearing, a hearing | ||||||
17 | shall be held
within 30 calendar days
after the suspension has | ||||||
18 | begun. The suspended licensee may seek a continuance
of the | ||||||
19 | hearing
during which the suspension shall remain in effect. The | ||||||
20 | proceeding shall be
concluded without
appreciable delay.
| ||||||
21 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
22 | (225 ILCS 407/20-90)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
24 | Sec. 20-90. Cease and desist orders. The Department
OBRE
|
| |||||||
| |||||||
1 | may issue cease and desist
orders to persons
who engage in | ||||||
2 | activities prohibited by this Act. Any person in violation of a
| ||||||
3 | cease and desist order
obtained by the Department
OBRE is | ||||||
4 | subject to all of the remedies provided by law.
| ||||||
5 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
6 | (225 ILCS 407/20-95)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
8 | Sec. 20-95. Returned checks; fine. A person who delivers a | ||||||
9 | check or
other
payment to the Department
OBRE that is returned | ||||||
10 | to the Department
OBRE unpaid by the financial institution upon | ||||||
11 | which it
is drawn shall pay
to the Department
OBRE , in addition | ||||||
12 | to the amount already owed to the Department
OBRE , a fee of | ||||||
13 | $50. The Department
OBRE shall
notify the person that his or | ||||||
14 | her check has been returned and that the person
shall pay to | ||||||
15 | the Department
OBRE by
certified check or money order the | ||||||
16 | amount of the returned check plus the $50
fee within 30 | ||||||
17 | calendar
days after the date of the notification. If, after the | ||||||
18 | expiration of 30
calendar days of the notification,
the person | ||||||
19 | has failed to submit the necessary remittance, the Department
| ||||||
20 | OBRE shall
automatically terminate the
license or deny the | ||||||
21 | application without a hearing. If, after termination or
denial, | ||||||
22 | the person seeks
a license, he or she shall petition the | ||||||
23 | Department
OBRE for restoration and he or she may be
subject to | ||||||
24 | additional
discipline or fines. The Secretary
Commissioner may | ||||||
25 | waive the fines due under this
Section in individual
cases |
| |||||||
| |||||||
1 | where the Secretary
Commissioner finds that the fines would be | ||||||
2 | unreasonable or
unnecessarily
burdensome.
| ||||||
3 | (Source: P.A. 91-603, eff. 1-1-00; 92-146, eff. 1-1-02.)
| ||||||
4 | (225 ILCS 407/20-100 new) | ||||||
5 | (Section scheduled to be repealed on January 1, 2010) | ||||||
6 | Sec. 20-100. Violations. A person who is found to have | ||||||
7 | violated any provision of this Act is guilty of a Class A | ||||||
8 | misdemeanor for the first offense and a Class 4 felony for the | ||||||
9 | second and any subsequent offense.
| ||||||
10 | (225 ILCS 407/30-5)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
12 | Sec. 30-5. The Department
OBRE ; powers and duties. The | ||||||
13 | Department
OBRE shall exercise the powers
and
duties
prescribed | ||||||
14 | by the Civil Administrative Code of Illinois for the | ||||||
15 | administration
of licensing acts and
shall exercise such other | ||||||
16 | powers and duties as prescribed by this Act. The
Department
| ||||||
17 | OBRE may contract with
third parties for services necessary for | ||||||
18 | the proper administration of this Act.
| ||||||
19 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
20 | (225 ILCS 407/30-10)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
22 | Sec. 30-10. Rules. The Department
OBRE , after notifying and | ||||||
23 | considering the
recommendations of the
Advisory Board, if any, |
| |||||||
| |||||||
1 | shall adopt any rules that may be necessary for the
| ||||||
2 | administration,
implementation and enforcement of this Act.
| ||||||
3 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
4 | (225 ILCS 407/30-15)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
6 | Sec. 30-15. Auction Regulation Administration Fund. A | ||||||
7 | special fund to be
known as the
Auction Regulation | ||||||
8 | Administration Fund is created in the State Treasury. All
fees | ||||||
9 | received by the Department
OBRE under this Act shall be | ||||||
10 | deposited into the Auction Regulation
Administration Fund. | ||||||
11 | Subject
to appropriation, the moneys deposited into the Auction | ||||||
12 | Regulation
Administration Fund shall be
used by the Department
| ||||||
13 | OBRE for the administration of this Act. Moneys in the Auction
| ||||||
14 | Regulation
Administration Fund may be invested and reinvested | ||||||
15 | in the same manner as
authorized for pension
funds in Article | ||||||
16 | 14 of the Illinois Pension Code. All earnings, interest, and
| ||||||
17 | dividends received from
investment of funds in the Auction | ||||||
18 | Regulation Administration Fund shall be
deposited into the
| ||||||
19 | Auction Regulation Administration Fund and shall be used for | ||||||
20 | the same purposes
as other moneys
deposited in the Auction | ||||||
21 | Regulation Administration Fund.
| ||||||
22 | This fund shall be created on July 1, 1999. The State | ||||||
23 | Treasurer shall cause
a transfer of
$300,000 to the Auction | ||||||
24 | Regulation Administration Fund from the Real Estate
License
| ||||||
25 | Administration Fund on August 1, 1999. The State Treasurer |
| |||||||
| |||||||
1 | shall cause a
transfer of $200,000 on
August 1, 2000 and a | ||||||
2 | transfer of $100,000 on January 1, 2002 from the Auction
| ||||||
3 | Regulation
Administration Fund to the Real Estate License | ||||||
4 | Administration Fund, or if there
is a sufficient fund
balance | ||||||
5 | in the Auction Regulation Administration Fund to properly | ||||||
6 | administer
this Act, the Department
OBRE
may recommend to the | ||||||
7 | State Treasurer to cause a transfer from the Auction
Regulation
| ||||||
8 | Administration Fund to the Real Estate License Administration | ||||||
9 | Fund on a date
and in an amount
which is accelerated, but not | ||||||
10 | less than set forth in this Section. In
addition
to the license | ||||||
11 | fees
required under this Act, each initial applicant for | ||||||
12 | licensure under this Act
shall pay to the Department
OBRE an
| ||||||
13 | additional $100 for deposit into the Auction Regulation | ||||||
14 | Administration Fund for
a period of 2 years
or until such time | ||||||
15 | the original transfer amount to the Auction Regulation
| ||||||
16 | Administration Fund from
the Real Estate License | ||||||
17 | Administration Fund is repaid.
| ||||||
18 | Moneys in the Auction Regulation Administration Fund may be | ||||||
19 | transferred to the Professions Indirect Cost Fund, as | ||||||
20 | authorized under Section 2105-300 of the Department of | ||||||
21 | Professional Regulation Law of the Civil Administrative Code of | ||||||
22 | Illinois. | ||||||
23 | Upon completion of any audit of the Department
OBRE as | ||||||
24 | prescribed by the Illinois State
Auditing Act,
which includes | ||||||
25 | an audit of the Auction Regulation Administration Fund, the | ||||||
26 | Department
OBRE
shall make the
audit open to inspection by any |
| |||||||
| |||||||
1 | interested party.
| ||||||
2 | (Source: P.A. 94-91, eff. 7-1-05.)
| ||||||
3 | (225 ILCS 407/30-20)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
5 | Sec. 30-20. Auction Recovery Fund. A special fund to be | ||||||
6 | known as the
Auction
Recovery Fund is created in the State | ||||||
7 | Treasury. The moneys in the Auction
Recovery Fund shall
be used | ||||||
8 | by the Department
OBRE exclusively for carrying out the | ||||||
9 | purposes established
pursuant to the
provisions of Section | ||||||
10 | 30-35 of this Act.
| ||||||
11 | The sums received by the Department
OBRE pursuant to the | ||||||
12 | provisions of Sections 20-5
through
Sections 20-20 of this Act | ||||||
13 | shall be deposited into the State Treasury and held
in the | ||||||
14 | Auction
Recovery Fund. In addition to the license fees required | ||||||
15 | under this Act, each
initial and renewal
applicant shall pay to | ||||||
16 | the Department
OBRE an additional $25 for deposit into the | ||||||
17 | Auction
Recovery Fund for
a period of 2 years after the | ||||||
18 | effective date of this Act. After such time the
Auction | ||||||
19 | Regulation
Administration Fund has totally repaid the Real | ||||||
20 | Estate License Administration
Fund, the State
Treasurer shall | ||||||
21 | cause a transfer of $50,000 from the Auction Regulation
| ||||||
22 | Administration Fund to the
Auction Recovery Fund annually on | ||||||
23 | January 1 so as to sustain a minimum balance
of $400,000 in
the | ||||||
24 | Auction Recovery Fund. If the fund balance in the Auction | ||||||
25 | Recovery Fund on
January 1 of any
year after 2002 is less than |
| |||||||
| |||||||
1 | $100,000, in addition to the renewal license fee
required under | ||||||
2 | this Act,
each renewal applicant shall pay the Department
OBRE
| ||||||
3 | an additional $25 fee for deposit
into the Auction
Recovery | ||||||
4 | Fund.
| ||||||
5 | The funds held in the Auction Recovery Fund may be invested | ||||||
6 | and reinvested in
the same
manner as funds in the Auction | ||||||
7 | Regulation Administration Fund. All earnings
received from
| ||||||
8 | investment may be deposited into the Auction Recovery Fund and | ||||||
9 | may be used for
the same
purposes as other moneys deposited | ||||||
10 | into the Auction Recovery Fund or may be
deposited into the
| ||||||
11 | Auction Education Fund as provided in Section 30-25 of this Act | ||||||
12 | and as
established by rule.
| ||||||
13 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
14 | (225 ILCS 407/30-25)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
16 | Sec. 30-25. Auction Education Fund. A special fund to be | ||||||
17 | known as the
Auction
Education Fund is created in the State | ||||||
18 | Treasury. The Auction Education Fund
shall be administered
by | ||||||
19 | the Department
OBRE . Subject to appropriation, moneys | ||||||
20 | deposited into the Auction Education
Fund may be
used for the | ||||||
21 | advancement of education in the auction industry, as | ||||||
22 | established
by rule. The moneys
deposited in the Auction | ||||||
23 | Education Fund may be invested and reinvested in the
same | ||||||
24 | manner as
funds in the Auction Regulation Administration Fund. | ||||||
25 | All earnings received
from investment shall
be deposited into |
| |||||||
| |||||||
1 | the Auction Education Fund and may be used for the same
| ||||||
2 | purposes as other
moneys deposited into the Auction Education | ||||||
3 | Fund.
| ||||||
4 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
5 | (225 ILCS 407/30-30)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
7 | Sec. 30-30. Auction Advisory Board.
| ||||||
8 | (a) There is hereby created the Auction Advisory Board. The | ||||||
9 | Advisory Board
shall consist
of 7 members and shall be | ||||||
10 | appointed by the Secretary
Commissioner . In making the
| ||||||
11 | appointments, the Secretary
Commissioner shall give due | ||||||
12 | consideration to the recommendations by members and
| ||||||
13 | organizations
of the industry, including but not limited to the | ||||||
14 | Illinois State Auctioneers
Association. Five
Four
members of | ||||||
15 | the Advisory Board shall be licensed auctioneers, except that | ||||||
16 | for
the initial
appointments, these members may be persons | ||||||
17 | without a license, but who have been
auctioneers for
at least 5 | ||||||
18 | years preceding their appointment to the Advisory Board. One | ||||||
19 | member
shall be a public
member who represents the interests of | ||||||
20 | consumers and who is not licensed under
this Act or the
spouse | ||||||
21 | of a person licensed under this Act or who has any | ||||||
22 | responsibility for
management or
formation of policy of or any | ||||||
23 | financial interest in the auctioneering
profession or any other
| ||||||
24 | connection with the profession. One member shall be actively | ||||||
25 | engaged in the
real estate industry
and licensed as a broker or |
| |||||||
| |||||||
1 | salesperson. The Advisory Board shall annually elect one of its | ||||||
2 | members to serve as Chairperson
One member shall be the | ||||||
3 | Director of
Auction Regulation,
ex-officio, and shall serve as | ||||||
4 | the Chairperson of the Advisory Board .
| ||||||
5 | (b) Members shall be appointed for a term of 4 years, | ||||||
6 | except that of the
initial appointments,
3 members shall be | ||||||
7 | appointed to serve a term of 3 years and 4 members shall be
| ||||||
8 | appointed to serve
a term of 4 years , including the Director . | ||||||
9 | The Secretary
Commissioner shall fill a
vacancy for the | ||||||
10 | remainder
of any unexpired term. Each member shall serve on the | ||||||
11 | Advisory Board until his
or her successor
is appointed and | ||||||
12 | qualified. No person shall be appointed to serve more than
2 | ||||||
13 | terms, including
the unexpired portion of a term due to | ||||||
14 | vacancy. To the extent practicable, the Secretary
Commissioner
| ||||||
15 | shall
appoint members to insure that the various geographic | ||||||
16 | regions of the State are
properly represented
on the Advisory | ||||||
17 | Board.
| ||||||
18 | (c) A majority of the Advisory Board members currently | ||||||
19 | appointed shall
constitute a
quorum. A vacancy in the | ||||||
20 | membership of the Advisory Board shall not impair the
right of | ||||||
21 | a quorum
to exercise all of the rights and perform all the | ||||||
22 | duties of the Board.
| ||||||
23 | (d) Each member of the Advisory Board shall receive a per | ||||||
24 | diem stipend in an
amount to be
determined by the Secretary
| ||||||
25 | Commissioner . Each member shall be paid his or her necessary
| ||||||
26 | expenses while
engaged in the performance of his or her duties.
|
| |||||||
| |||||||
1 | (e) Members of the Advisory Board shall be immune from suit | ||||||
2 | in an action
based
upon any
disciplinary proceedings or other | ||||||
3 | acts performed in good faith as members of
the Advisory Board.
| ||||||
4 | (f) The Advisory Board shall meet monthly or as convened by | ||||||
5 | the Chairperson.
| ||||||
6 | (g) The Advisory Board shall advise the Department
OBRE on | ||||||
7 | matters of licensing and
education and
make recommendations to | ||||||
8 | the Department
OBRE on those matters and shall hear and make
| ||||||
9 | recommendations
to the Secretary
Commissioner on disciplinary | ||||||
10 | matters that require a formal evidentiary
hearing.
| ||||||
11 | (h) The Secretary
Commissioner shall give due | ||||||
12 | consideration to all recommendations of
the
Advisory
Board.
| ||||||
13 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
14 | (225 ILCS 407/30-40)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
16 | Sec. 30-40. Auction Recovery Fund; recovery; actions; | ||||||
17 | procedures. The Department
OBRE
shall
maintain an Auction | ||||||
18 | Recovery Fund from which any person aggrieved by an act,
| ||||||
19 | representation,
transaction, or the conduct of a duly licensed | ||||||
20 | auctioneer, associate auctioneer
or auction firm that
| ||||||
21 | constitutes a violation of this Act or the regulations | ||||||
22 | promulgated pursuant
thereto or that constitutes
embezzlement | ||||||
23 | of money or property or results in money or property being
| ||||||
24 | unlawfully obtained from
any person by false pretenses, | ||||||
25 | artifice, trickery, or forgery or by reason of
any fraud,
|
| |||||||
| |||||||
1 | misrepresentation, discrimination or deceit by or on the part | ||||||
2 | of any licensee
or the unlicensed
employee of any auctioneer, | ||||||
3 | associate auctioneer, or auction firm and that
results in a | ||||||
4 | loss of actual
cash money as opposed to losses in market value, | ||||||
5 | may recover. The aggrieved
person may recover,
by order of the | ||||||
6 | circuit court of the county where the violation occurred, an
| ||||||
7 | amount of not more than
$10,000 from the fund for damages | ||||||
8 | sustained by the act, representation,
transaction, or conduct,
| ||||||
9 | together with the costs of suit and attorneys' fees incurred in | ||||||
10 | connection
therewith of not to exceed
15% of the amount of the | ||||||
11 | recovery ordered paid from the Fund. However, no
licensed | ||||||
12 | auctioneer,
associate auctioneer, or auction firm may recover | ||||||
13 | from the Fund, unless the
court finds that the
person suffered | ||||||
14 | a loss resulting from intentional misconduct. The court order
| ||||||
15 | shall not include
interest on the judgment.
| ||||||
16 | The maximum liability against the Fund arising out of any | ||||||
17 | one act by any
auctioneer,
associate auctioneer, or auction | ||||||
18 | firm shall be $50,000, and the judgment order
shall spread the | ||||||
19 | award
equitably among all aggrieved persons.
| ||||||
20 | (Source: P.A. 91-603, eff. 8-16-99.)
| ||||||
21 | (225 ILCS 407/30-45)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
23 | Sec. 30-45. Auction Recovery Fund; collection.
| ||||||
24 | (a) No action for a judgment that subsequently results in | ||||||
25 | an order for
collection from the
Auction Recovery Fund shall be |
| |||||||
| |||||||
1 | started later than 2 years after the date on
which the | ||||||
2 | aggrieved
person knew or, through the use of reasonable | ||||||
3 | diligence, should have known of
the acts or omissions
giving | ||||||
4 | rise to a right of recovery from the Auction Recovery Fund.
| ||||||
5 | (b) When any aggrieved person commences action for a | ||||||
6 | judgment that may
result
in
collection from the Auction | ||||||
7 | Recovery Fund, the aggrieved person must name as
parties to | ||||||
8 | that action
any and all individual auctioneers, associate | ||||||
9 | auctioneers, auction firms, or
their employees or agents
who | ||||||
10 | allegedly committed or are responsible for acts or omissions | ||||||
11 | giving rise to
a right of recovery
from the Auction Recovery | ||||||
12 | Fund. Failure to name these individuals as parties
shall | ||||||
13 | preclude
recovery from the Auction Recovery Fund of any portion | ||||||
14 | of the judgment received
in the action.
| ||||||
15 | (c) When any aggrieved person commences action for a | ||||||
16 | judgment that may
result
in
collection from the Auction | ||||||
17 | Recovery Fund, the aggrieved person must notify the Department
| ||||||
18 | OBRE in writing to
this effect at the time of the commencement | ||||||
19 | of the action. Failure to so
notify the Department
OBRE shall | ||||||
20 | preclude
recovery from the Auction Recovery Fund of any portion | ||||||
21 | of the judgment received
in the action.
After receiving notice | ||||||
22 | of the commencement of such an action, the Department
OBRE , | ||||||
23 | upon
timely application,
shall be permitted to intervene as a | ||||||
24 | party to that action.
| ||||||
25 | (d) When an aggrieved party commences action for a judgment | ||||||
26 | that may result
in
collection
from the Auction Recovery Fund |
| |||||||
| |||||||
1 | and the court in which the action is commenced
enters judgment
| ||||||
2 | by default against the defendant and in favor of the aggrieved | ||||||
3 | party, the court
shall, upon motion of the Department
OBRE , set | ||||||
4 | aside that judgment by default. After a judgment by default has | ||||||
5 | been
set aside, the Department
OBRE
shall appear as a party to | ||||||
6 | that action and thereafter the court shall require
proof of the | ||||||
7 | allegations in
the pleading upon which relief is sought.
| ||||||
8 | (e) The aggrieved person shall give written notice to the | ||||||
9 | Department
OBRE within 30 days
after
the entry
of any judgment | ||||||
10 | that may result in collection from the Auction Recovery Fund.
| ||||||
11 | That aggrieved
person shall provide the Department
OBRE 20 days | ||||||
12 | written notice of all supplementary
proceeding so as to allow | ||||||
13 | the Department
OBRE to participate in all efforts to collect on | ||||||
14 | the judgment.
| ||||||
15 | (f) When any aggrieved person recovers a valid judgment in | ||||||
16 | any court of
competent
jurisdiction against any licensee or an | ||||||
17 | unlicensed employee or agent of any
licensee on the grounds
of | ||||||
18 | fraud, misrepresentation, discrimination, or deceit, the | ||||||
19 | aggrieved person
may, upon the
termination of all proceedings, | ||||||
20 | including review and appeals in connection with
the judgment, | ||||||
21 | file
a verified claim in the court in which the judgment was | ||||||
22 | entered and, upon 30
days written notice to the Department
OBRE
| ||||||
23 | and to the person against whom the judgment was obtained, may | ||||||
24 | apply to the
court for an
order directing payment out of the | ||||||
25 | Auction Recovery Fund of the amount unpaid
upon the judgment,
| ||||||
26 | not including interest on the judgment, and subject to the |
| |||||||
| |||||||
1 | limitation stated in
Section 30-40 of this
Act. The aggrieved | ||||||
2 | person must set out in that verified claim and at an
| ||||||
3 | evidentiary hearing to be
held by the court that the aggrieved | ||||||
4 | person:
| ||||||
5 | (1) is not the spouse of the debtor or the personal | ||||||
6 | representative of the
spouse;
| ||||||
7 | (2) has complied with all the requirements of this | ||||||
8 | Section;
| ||||||
9 | (3) has obtained a judgment stating the amount thereof | ||||||
10 | and the amount
owing
thereon, not including interest | ||||||
11 | thereon, at the date of the application;
| ||||||
12 | (4) has made all reasonable searches and inquiries to | ||||||
13 | ascertain whether
the
judgment
debtor possesses real or | ||||||
14 | personal property or other assets which may be sold or
| ||||||
15 | applied in
satisfaction of the judgment;
| ||||||
16 | (5) has discovered no personal or real property or | ||||||
17 | other assets liable to
be
sold or
applied, or has | ||||||
18 | discovered certain of them, describing them owned by the
| ||||||
19 | judgment debtor and liable
to be so applied, and has taken | ||||||
20 | all necessary action and proceeding for the
realization | ||||||
21 | thereof, and
the amount thereby realized was insufficient | ||||||
22 | to satisfy the judgment, stating
the amount so realized
and | ||||||
23 | the balance remaining due on the judgment after application | ||||||
24 | of the amount
realized;
| ||||||
25 | (6) has diligently pursued all remedies against all the | ||||||
26 | judgment debtors
and
all other
persons liable to the |
| |||||||
| |||||||
1 | aggrieved person in the transaction for which recovery is
| ||||||
2 | sought from the
Auction Recovery Fund;
| ||||||
3 | (7) has filed an adversary action to have the debts | ||||||
4 | declared
non-dischargeable in any
bankruptcy petition | ||||||
5 | matter filed by any judgment debtor or person liable to the
| ||||||
6 | aggrieved person.
The aggrieved person shall also be | ||||||
7 | required to prove the amount of attorney's
fees sought to
| ||||||
8 | be recovered and the reasonableness of those fees up to the | ||||||
9 | maximum allowed
pursuant to Section
30-40 of this Act.
| ||||||
10 | (g) The court shall make an order directed to the | ||||||
11 | Department
OBRE requiring payment from
the
Auction
Recovery | ||||||
12 | Fund of whatever sum it finds to be payable upon the claim, | ||||||
13 | pursuant
to and in accordance
with the limitations contained in | ||||||
14 | Section 30-40 of this Act, if the court is
satisfied, upon the | ||||||
15 | hearing,
of the truth of all matters required to be shown by | ||||||
16 | the aggrieved person by
subsection (f) of this
Section and that | ||||||
17 | the aggrieved person has fully pursued and exhausted all
| ||||||
18 | remedies available for
recovering the amount awarded by the | ||||||
19 | judgment of the court.
| ||||||
20 | (h) If the Department
OBRE pays from the Auction Recovery | ||||||
21 | Fund any amount in settlement
of
a claim
or toward satisfaction | ||||||
22 | of a judgment against any licensee, or employee or agent
of any | ||||||
23 | licensee, the
license of said licensee shall be automatically | ||||||
24 | terminated without hearing upon
the issuance of a
court order | ||||||
25 | authorizing payment from the Auction Recovery Fund. No petition
| ||||||
26 | for restoration of the
license shall be heard until repayment |
| |||||||
| |||||||
1 | of the amount paid from the Auction
Recovery Fund on their
| ||||||
2 | account has been made in full, plus interest at the rate | ||||||
3 | prescribed in Section
12-109 of the Code of Civil
Procedure. A | ||||||
4 | discharge in bankruptcy shall not
relieve a person from
the | ||||||
5 | penalties and disabilities provided in this subsection.
| ||||||
6 | (i) If, at any time, the money deposited in the Auction | ||||||
7 | Recovery Fund is
insufficient to
satisfy any duly authorized | ||||||
8 | claim or portion thereof, the Department
OBRE shall, when
| ||||||
9 | sufficient money has been
deposited in the Auction Recovery | ||||||
10 | Fund, satisfy such unpaid claims or portions
thereof, in the | ||||||
11 | order
that the claims or portions thereof were originally | ||||||
12 | filed, plus accumulated
interest at the rate
prescribed in | ||||||
13 | Section 12-109 of the Code of Civil Procedure.
| ||||||
14 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
15 | (225 ILCS 407/30-50)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
17 | Sec. 30-50. Contractual agreements. The Department
OBRE
| ||||||
18 | may enter into contractual
agreements
with third parties to | ||||||
19 | carry out the provisions of this Act.
| ||||||
20 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
21 | (225 ILCS 407/30-55)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
23 | Sec. 30-55. Reciprocal agreements. The Department
OBRE
| ||||||
24 | shall have the authority to
enter into
reciprocal licensing |
| |||||||
| |||||||
1 | agreements with the proper authority of a state,
territory, or | ||||||
2 | possession of the
United States or the District of Columbia | ||||||
3 | having licensing requirements equal
to or substantially
| ||||||
4 | equivalent to the requirements of this State.
| ||||||
5 | (Source: P.A. 91-603, eff. 1-1-00.)
| ||||||
6 | (225 ILCS 407/10-25 rep.)
| ||||||
7 | (225 ILCS 407/Art. 25 rep.)
| ||||||
8 | (225 ILCS 407/30-5 rep.)
| ||||||
9 | Section 10. The Auction License Act is amended by repealing | ||||||
10 | Sections 10-25 and 30-5 and Article 25.
|