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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 Illinois Savings and Loan Act of 1985 is | ||||||||||||||||||||||||
5 | amended by changing Section 5-13 as follows:
| ||||||||||||||||||||||||
6 | (205 ILCS 105/5-13) (from Ch. 17, par. 3305-13)
| ||||||||||||||||||||||||
7 | Sec. 5-13. Appraisals.
| ||||||||||||||||||||||||
8 | (a) Every appraisal or reappraisal of
property which an | ||||||||||||||||||||||||
9 | association is required to make shall be made as
follows:
| ||||||||||||||||||||||||
10 | (1) By an independent qualified appraiser designated | ||||||||||||||||||||||||
11 | by the
board of directors;
| ||||||||||||||||||||||||
12 | (2) By the association's appraisal committee appointed | ||||||||||||||||||||||||
13 | by the
board of directors; or
| ||||||||||||||||||||||||
14 | (3) In the case of an insured or guaranteed loan, by | ||||||||||||||||||||||||
15 | any
appraiser appointed by any lending, insuring or | ||||||||||||||||||||||||
16 | guaranteeing agency of
the United States or the State of | ||||||||||||||||||||||||
17 | Illinois which insures or guarantees
such loan, wholly or | ||||||||||||||||||||||||
18 | in part.
| ||||||||||||||||||||||||
19 | (a-5) Any association that employs the services of a person | ||||||||||||||||||||||||
20 | who is not licensed as an appraiser under the Real Estate | ||||||||||||||||||||||||
21 | Appraiser Licensing Act of 2002 to provide an opinion of value | ||||||||||||||||||||||||
22 | in a transaction that is exempt from the requirements of Title | ||||||||||||||||||||||||
23 | XI of the federal Financial Institutions Reform, Recovery, and |
| |||||||
| |||||||
1 | Enforcement Act of 1989 must disclose to the costumer to whom | ||||||
2 | the opinion of value is provided, in writing, that the opinion | ||||||
3 | of value was not performed by a person licensed as an appraiser | ||||||
4 | under the Real Estate Appraiser Licensing Act of 2002.
| ||||||
5 | (b) Each appraisal shall be in writing, prepared at the | ||||||
6 | request of the
lender for the lender's use, disclose the market | ||||||
7 | value of the
security offered, contain sufficient information | ||||||
8 | and data concerning
the appraised property to substantiate the | ||||||
9 | market value thereof, be certified
and signed by the appraiser | ||||||
10 | or appraisers and state that he or they have
personally | ||||||
11 | examined the described property; which appraisal shall be filed
| ||||||
12 | and preserved by the association.
| ||||||
13 | (c) If appraisals of real estate securing an association's | ||||||
14 | loans are
obtained as part of an examination by the | ||||||
15 | Commissioner, the cost of such
appraisals shall promptly be | ||||||
16 | paid by the association directly to the
appraiser or | ||||||
17 | appraisers.
| ||||||
18 | (Source: P.A. 86-137.)
| ||||||
19 | Section 10. The Savings Bank Act is amended by changing | ||||||
20 | Section 6001 as follows:
| ||||||
21 | (205 ILCS 205/6001) (from Ch. 17, par. 7306-1)
| ||||||
22 | Sec. 6001. General provisions.
| ||||||
23 | (a) No savings bank shall make any loan or investment
| ||||||
24 | authorized by this Article unless the savings bank first has
|
| |||||||
| |||||||
1 | determined that the type, amount, purpose, and repayment | ||||||
2 | provisions
of the loan or investment in relation to the | ||||||
3 | borrower's or issuer's
resources and credit standing support | ||||||
4 | the reasonable belief that
the loan or investment will be | ||||||
5 | financially sound and will be repaid
according to its terms and | ||||||
6 | that the loan or investment is not
otherwise unlawful.
| ||||||
7 | (b) Each loan or investment that a savings bank makes or
| ||||||
8 | purchases, whether wholly or in part, must be adequately
| ||||||
9 | underwritten, reviewed periodically, and reserved against as
| ||||||
10 | necessary in accordance with its payment performance, all in
| ||||||
11 | accordance with the regulations and directives of the | ||||||
12 | Commissioner.
| ||||||
13 | (c) Every appraisal or reappraisal of property that a
| ||||||
14 | savings bank is required to make shall be made as follows:
| ||||||
15 | (1) By an independent qualified appraiser, designated | ||||||
16 | by
the board of directors, who is properly licensed or | ||||||
17 | certified by
the
entity authorized to govern his licensure | ||||||
18 | or certification and who
meets
the requirements of the | ||||||
19 | Appraisal Subcommittee and of the Federal Act.
| ||||||
20 | (2) In the case of an insured or guaranteed loan, by
| ||||||
21 | any appraiser appointed by any lending, insuring, or | ||||||
22 | guaranteeing
agency of the United States or the State of | ||||||
23 | Illinois that insures
or guarantees the loan, wholly or in | ||||||
24 | part.
| ||||||
25 | (3) Each appraisal shall be in writing prepared at the
| ||||||
26 | request of the lender for the lender's use; disclose the |
| |||||||
| |||||||
1 | market
value of the security offered; contain sufficient | ||||||
2 | information and
data concerning the appraised property to | ||||||
3 | substantiate the market
value thereof; be certified and | ||||||
4 | signed by the appraiser or
appraisers; and state that the | ||||||
5 | appraiser or appraisers have
personally examined the | ||||||
6 | described property. The appraisal shall
be filed and | ||||||
7 | preserved by the savings bank.
In addition, the appraisal | ||||||
8 | shall be prepared and reported in accordance
with the | ||||||
9 | Standards of Professional Practice and the ethical rules of | ||||||
10 | the
Appraisal Foundation as adopted and promulgated by the | ||||||
11 | Appraisal Subcommittee.
| ||||||
12 | (c-5) Any savings bank that employs the services of a | ||||||
13 | person who is not licensed as an appraiser under the Real | ||||||
14 | Estate Appraiser Licensing Act of 2002 to provide an opinion of | ||||||
15 | value in a transaction that is exempt from the Federal Act must | ||||||
16 | disclose to the costumer to whom the opinion of value is | ||||||
17 | provided, in writing, that the opinion of value was not | ||||||
18 | performed by a person licensed as an appraiser under the Real | ||||||
19 | Estate Appraiser Licensing Act of 2002.
| ||||||
20 | (d) If appraisals of real estate securing a savings bank's
| ||||||
21 | loans are obtained as part of an examination by the | ||||||
22 | Commissioner,
the cost of those appraisals shall promptly be | ||||||
23 | paid by the savings
bank directly to the appraiser or | ||||||
24 | appraisers.
| ||||||
25 | (e) Any violation of this Article shall
constitute an | ||||||
26 | unsafe or unsound practice. Any person who knowingly
violates |
| |||||||
| |||||||
1 | any provision of this Article shall be subject to
enforcement | ||||||
2 | action or civil money penalties as provided for in this
Act.
| ||||||
3 | (f) For purposes of this Article, "underwriting" shall mean | ||||||
4 | the process
of compiling information to support a determination | ||||||
5 | as to whether an
investment or extension of credit shall be | ||||||
6 | made by a savings bank. It
shall include, but not be limited | ||||||
7 | to, evaluating a borrower's
creditworthiness, determination of | ||||||
8 | the value of the underlying collateral,
market factors, and the | ||||||
9 | appropriateness of the investment or loan for the
savings bank. | ||||||
10 | Underwriting as used herein does not include the agreement to
| ||||||
11 | purchase unsold portions of public offerings of stocks or bonds | ||||||
12 | as commonly
used in corporate securities issuances and sales.
| ||||||
13 | (g) For purposes of this Section, the following definitions | ||||||
14 | shall apply:
| ||||||
15 | (1) "Federal Act" means Title XI of the Financial | ||||||
16 | Institutions Reform,
Recovery and Enforcement Act of 1989 | ||||||
17 | and regulations adopted pursuant thereto.
| ||||||
18 | (2) "Appraisal Subcommittee" means the designee of the | ||||||
19 | heads of the
Federal Financial Institutions Examination | ||||||
20 | Council Act of 1978 (12 U.S.C. 3301
et seq.).
| ||||||
21 | (3) "Appraisal Foundation" means the Appraisal | ||||||
22 | Foundation that was
incorporated as an Illinois | ||||||
23 | not-for-profit corporation on November 30, 1987.
| ||||||
24 | (Source: P.A. 90-665, eff. 7-30-98.)
| ||||||
25 | Section 15. The Real Estate License Act of 2000 is amended |
| |||||||
| |||||||
1 | by adding Section 10-28 as follows: | ||||||
2 | (225 ILCS 454/10-28 new)
| ||||||
3 | Sec. 10-28. Opinions of value. Any real estate broker or | ||||||
4 | salesperson licensed under this Act who is not licensed as an | ||||||
5 | appraiser under the Real Estate Appraiser Licensing Act of 2002 | ||||||
6 | and who provides an opinion of value for a mortgage purpose | ||||||
7 | must disclose to the client to whom the opinion of value is | ||||||
8 | provided, in writing, that the opinion of value was not | ||||||
9 | performed by a person licensed as an appraiser under the Real | ||||||
10 | Estate Appraiser Licensing Act of 2002.
| ||||||
11 | Section 20. The Real Estate Appraiser Licensing Act of 2002 | ||||||
12 | is amended by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20, | ||||||
13 | 5-25, 5-30, 5-35, 5-40, 5-45, 5-55, 10-5, 10-10, 10-15, 10-20, | ||||||
14 | 15-5, 15-10, 15-15, 15-20, 15-30, 15-35, 15-40, 15-45, 15-50, | ||||||
15 | 15-55, 15-60, 20-5, 20-10, 25-5, 25-10, 25-15, 25-20, 25-25, | ||||||
16 | and 30-10 and by adding Sections 15-17 and 5-21 as follows:
| ||||||
17 | (225 ILCS 458/1-10)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
19 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
20 | context
otherwise requires:
| ||||||
21 | "Accredited college or university, junior college, or | ||||||
22 | community college" means a college or university, junior | ||||||
23 | college, or community college that is approved or accredited by |
| |||||||
| |||||||
1 | the Board of Higher Education, a regional or national | ||||||
2 | accreditation association, or by an accrediting agency that is | ||||||
3 | recognized by the U.S. Secretary of Education.
| ||||||
4 | "Applicant" means person who applies to the Department
OBRE
| ||||||
5 | for a license under this Act.
| ||||||
6 | "Appraisal" or "real estate appraisal" means
(noun) the act | ||||||
7 | or process of developing an analysis, opinion , or conclusion as | ||||||
8 | to the
of value of identified real estate or specified interest | ||||||
9 | therein performed for compensation or other valuable | ||||||
10 | consideration ; an
opinion of value (adjective) of or pertaining | ||||||
11 | to appraising
and related functions. | ||||||
12 | "Appraisal assignment" means an engagement for which an | ||||||
13 | appraiser is employed or retained to act, or would be perceived | ||||||
14 | by third parties or the public as acting, as a disinterested | ||||||
15 | third party. | ||||||
16 | "Appraisal practice" means valuation services performed by | ||||||
17 | an individual acting as an appraiser, including, but not | ||||||
18 | limited to, appraisal, appraisal review, or appraisal | ||||||
19 | consulting.
| ||||||
20 | "Appraisal report" means any communication, written or | ||||||
21 | oral, or any appraisal, appraisal review, or appraisal | ||||||
22 | consulting service that is transmitted to a client upon | ||||||
23 | completion of an assignment
a written appraisal by an appraiser | ||||||
24 | to a client .
| ||||||
25 | "Appraisal review" means the act or process of developing | ||||||
26 | and communicating an opinion about the quality of another |
| |||||||
| |||||||
1 | appraiser's work that was performed as part of an appraisal, | ||||||
2 | appraisal review, or appraisal consulting assignment.
| ||||||
3 | "Appraisal Subcommittee" means the Appraisal Subcommittee | ||||||
4 | of the Federal
Financial Institutions
Examination Council as | ||||||
5 | established by Title XI.
| ||||||
6 | "Appraiser" means a person who performs or offers to | ||||||
7 | perform valuation services competently and in a manner that is | ||||||
8 | independent, impartial, and objective
real estate or real | ||||||
9 | property
appraisals .
| ||||||
10 | "AQB" means the Appraisal Qualifications Board of the | ||||||
11 | Appraisal Foundation.
| ||||||
12 | "Associate real estate trainee appraiser" means an | ||||||
13 | entry-level appraiser who holds
a license of this | ||||||
14 | classification under this Act and applies to
the appraisal of | ||||||
15 | non-complex property having a transaction
value less than | ||||||
16 | $1,000,000, but with restrictions as to the scope of practice
| ||||||
17 | in
accordance with this Act.
| ||||||
18 | "Board" means the Real Estate Appraisal Administration and | ||||||
19 | Disciplinary Board.
| ||||||
20 | "Classroom hour" means 50 minutes of instruction out of | ||||||
21 | each 60 minute
segment of coursework.
| ||||||
22 | "Client" means the party or parties who engage an appraiser | ||||||
23 | by employment or contract in a specific assignment
a person who | ||||||
24 | utilizes the services of an appraiser or engages
an appraiser | ||||||
25 | for an appraisal
by employment or contract .
| ||||||
26 | "Commissioner" means the Commissioner of the Office of |
| |||||||
| |||||||
1 | Banks and Real Estate
or his or her designee.
| ||||||
2 | "Coordinator" means the Coordinator of Real Estate | ||||||
3 | Appraisal of the Division of Professional Regulation of the | ||||||
4 | Department of Financial and Professional Regulation.
| ||||||
5 | "Director" means the Director of the Real Estate Appraisal | ||||||
6 | Division of OBRE
or his or her designee.
| ||||||
7 | "Department" means the Department of Financial and | ||||||
8 | Professional Regulation.
| ||||||
9 | "Federal financial institutions regulatory agencies" means | ||||||
10 | the Board of
Governors of the Federal Reserve
System, the | ||||||
11 | Federal Deposit Insurance Corporation, the Office of the
| ||||||
12 | Comptroller of the Currency, the
Office of Thrift Supervision, | ||||||
13 | and the National Credit Union Administration.
| ||||||
14 | "Federally related transaction" means any real | ||||||
15 | estate-related financial
transaction in which a federal
| ||||||
16 | financial institutions regulatory agency, the Department of | ||||||
17 | Housing
and Urban Development, Fannie Mae, Freddie Mae, or the | ||||||
18 | National
Credit Union Administration
engages in, contracts | ||||||
19 | for, or
regulates and requires the services
of an appraiser.
| ||||||
20 | "Financial institution" means any bank, savings bank, | ||||||
21 | savings and loan
association, credit union,
mortgage broker, | ||||||
22 | mortgage banker, licensee under the Consumer Installment Loan
| ||||||
23 | Act or the Sales
Finance Agency Act, or a corporate fiduciary, | ||||||
24 | subsidiary, affiliate, parent
company, or holding company
of | ||||||
25 | any such licensee, or any institution involved in real estate | ||||||
26 | financing that
is regulated by state or
federal law.
|
| |||||||
| |||||||
1 | "Modular Course" means the Appraisal Qualifying Course | ||||||
2 | Design conforming to the Sub Topics Course Outline contained in | ||||||
3 | the AQB Criteria 2008.
| ||||||
4 | "OBRE" means the Office of Banks and Real Estate.
| ||||||
5 | "Real estate" means an identified parcel or tract of land, | ||||||
6 | including any
improvements.
| ||||||
7 | "Real estate related financial transaction" means any | ||||||
8 | transaction involving:
| ||||||
9 | (1) the sale, lease, purchase, investment in, or | ||||||
10 | exchange of real
property,
including interests
in property | ||||||
11 | or the financing thereof;
| ||||||
12 | (2) the refinancing of real property or interests in | ||||||
13 | real property; and
| ||||||
14 | (3) the use of real property or interest in property as | ||||||
15 | security for a
loan or
investment,
including mortgage | ||||||
16 | backed securities.
| ||||||
17 | "Real property" means the interests, benefits, and rights | ||||||
18 | inherent in the
ownership of real estate.
| ||||||
19 | "Secretary" means the Secretary of Financial and | ||||||
20 | Professional Regulation.
| ||||||
21 | "State certified general real estate
appraiser" means an | ||||||
22 | appraiser who holds a
license of this classification under this | ||||||
23 | Act
and such classification applies to
the appraisal of all | ||||||
24 | types of real property without restrictions as to
the scope of | ||||||
25 | practice.
| ||||||
26 | "State certified residential real estate
appraiser" means |
| |||||||
| |||||||
1 | an appraiser who
holds a
license of this classification
under | ||||||
2 | this Act
and such classification applies to
the appraisal of
| ||||||
3 | one to 4 units of
residential real property without regard to | ||||||
4 | transaction value or complexity,
but with restrictions as to | ||||||
5 | the
scope of practice , as set forth in this Act, and any other | ||||||
6 | requirements set forth in this Act or
in a federally related | ||||||
7 | transaction in accordance with Title
XI, the provisions of | ||||||
8 | USPAP,
criteria established by the AQB, and further defined by | ||||||
9 | rule.
| ||||||
10 | "Supervising appraiser" means either (i) an appraiser who | ||||||
11 | holds a valid license under this Act as either a State | ||||||
12 | certified general real estate appraiser or a State certified | ||||||
13 | residential real estate appraiser, who co-signs an appraisal | ||||||
14 | report for an associate real estate trainee appraiser or (ii) a | ||||||
15 | State certified general real estate appraiser who holds a valid | ||||||
16 | license under this Act who cosigns an appraisal report for a | ||||||
17 | State certified residential real estate appraiser on | ||||||
18 | properties other than one to 4 units of residential real | ||||||
19 | property without regard to transaction value or complexity.
| ||||||
20 | "State licensed real estate appraiser" means an appraiser | ||||||
21 | who holds a
real estate appraiser license
issued pursuant to a | ||||||
22 | predecessor Act. A real estate appraiser
license authorizes its | ||||||
23 | holder to conduct the
appraisal of non-complex one
to 4 units | ||||||
24 | of residential real property having a transaction value less | ||||||
25 | than
$1,000,000 and complex one
to 4 residential units of real | ||||||
26 | property having a value less than $250,000, but
with |
| |||||||
| |||||||
1 | restrictions as to the
scope of practice in accordance with | ||||||
2 | Title XI, criteria established by USPAP,
by the AQB, by this | ||||||
3 | Act,
and by rule. No such initial license shall be issued
after | ||||||
4 | the effective date of this Act
or renewed after
September 30, | ||||||
5 | 2003 under this Act.
| ||||||
6 | "Title XI" means Title XI of the federal Financial | ||||||
7 | Institutions Reform,
Recovery and
Enforcement Act of 1989.
| ||||||
8 | "USPAP" means the Uniform Standards of Professional | ||||||
9 | Appraisal Practice as
promulgated by the
Appraisal Standards | ||||||
10 | Board pursuant to Title XI and by rule.
| ||||||
11 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
12 | (225 ILCS 458/5-5)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
14 | Sec. 5-5. Necessity of license; use of title; exemptions.
| ||||||
15 | (a) It
Beginning July 1, 2002, it is unlawful for a person | ||||||
16 | to (i) act , offer services, or advertise services
or assume
to
| ||||||
17 | act
as a State certified general real estate
appraiser, State | ||||||
18 | certified residential real estate appraiser, or associate real | ||||||
19 | estate trainee appraiser
to engage in the
business of real | ||||||
20 | estate appraisal , (ii)
to develop a real estate appraisal,
| ||||||
21 | (iii)
to
practice as a real estate
appraiser, (iv)
or
to
| ||||||
22 | advertise or hold himself or herself out to be a real estate
| ||||||
23 | appraiser , or (v) solicit clients or enter into an appraisal | ||||||
24 | engagement with clients
in connection with a
federally related | ||||||
25 | transaction
without a real estate appraiser license issued |
| |||||||
| |||||||
1 | under this Act. A person who
violates this subsection is
guilty | ||||||
2 | of a Class A misdemeanor for a first offense and a Class 4 | ||||||
3 | felony for any subsequent offense .
| ||||||
4 | (b) It
Beginning July 1, 2002, it is unlawful for a person, | ||||||
5 | other than a
person who holds a valid license issued pursuant | ||||||
6 | to this
Act as a State certified general real estate appraiser, | ||||||
7 | a
State
certified
residential real estate appraiser,
or an | ||||||
8 | associate real estate trainee appraiser , or as a State licensed | ||||||
9 | real estate
appraiser issued pursuant to
a predecessor Act to | ||||||
10 | use these titles or any other title, designation, or
| ||||||
11 | abbreviation likely to create the
impression that the person is | ||||||
12 | licensed as a real estate appraiser pursuant to
this Act. A | ||||||
13 | person who
violates this subsection is guilty of a Class A | ||||||
14 | misdemeanor for a first offense and a Class 4 felony for any | ||||||
15 | subsequent offense .
| ||||||
16 | (c) This
The licensing requirements of this Act does
do not | ||||||
17 | prohibit
require a real estate
broker
or salesperson who holds | ||||||
18 | a
valid license pursuant to the Real Estate License Act of 2000 | ||||||
19 | from performing a comparative market analysis, provided the | ||||||
20 | person does not represent himself or herself as being a | ||||||
21 | licensed real estate appraiser pursuant to this Act. A real | ||||||
22 | estate broker or salesperson may perform a comparative market | ||||||
23 | analysis for compensation or other valuable consideration only | ||||||
24 | for prospective or actual brokerage clients or for real | ||||||
25 | property involved in an employee relocation program , to be | ||||||
26 | licensed
as a real estate appraiser
under this Act,
unless the |
| |||||||
| |||||||
1 | broker or salesperson is
providing
or attempting to provide an | ||||||
2 | appraisal report, as defined in Section
1-10 of this Act, in | ||||||
3 | connection with a federally-related transaction . | ||||||
4 | (d) Nothing in this Act shall preclude a State certified | ||||||
5 | general real estate appraiser, a State certified residential | ||||||
6 | real estate appraiser, or an associate real estate trainee | ||||||
7 | appraiser from rendering appraisals for or on behalf of a | ||||||
8 | partnership, association, corporation, firm, or group. | ||||||
9 | However, no State appraisal license or certification shall be | ||||||
10 | issued under this Act to a partnership, association, | ||||||
11 | corporation, firm, or group.
| ||||||
12 | (e) This Act does not apply to a township assessor, | ||||||
13 | multi-township assessor, county supervisor of assessments, or | ||||||
14 | any deputy or employee of any township assessor, multi-township | ||||||
15 | assessor, or county supervisor of assessments who is performing | ||||||
16 | his or her respective duties in accordance with the provisions | ||||||
17 | of the Property Tax Code.
| ||||||
18 | (f) A State real estate appraisal certification or license | ||||||
19 | is not required under this Act for any of the following: | ||||||
20 | (1) A person, partnership, association, or corporation | ||||||
21 | that performs appraisals of property owned by that person, | ||||||
22 | partnership, association, or corporation for the sole use | ||||||
23 | of that person, partnership, association, or corporation. | ||||||
24 | (2) A court-appointed commissioner who conducts an | ||||||
25 | appraisal pursuant to a judicially ordered evaluation of | ||||||
26 | property. |
| |||||||
| |||||||
1 | (3) A person in order to qualify as an expert witness | ||||||
2 | for court or administrative agency testimony, if otherwise | ||||||
3 | qualified. | ||||||
4 | (4) A person employed by a lender in the performance of | ||||||
5 | appraisals with respect to which federal regulations do not | ||||||
6 | require a licensed or certified appraiser. | ||||||
7 | However, any person who is certified or licensed under this Act | ||||||
8 | and who performs any of the activities set forth in this | ||||||
9 | subsection (f) must comply with the provisions of this Act. A | ||||||
10 | person who violates this subsection (f) is guilty of a Class A | ||||||
11 | misdemeanor for a first offense and a Class 4 felony for any | ||||||
12 | subsequent offense.
| ||||||
13 | (g) For the purposes of this
subsection, "brokerage | ||||||
14 | service" means the
activity
of offering, negotiating,
buying, | ||||||
15 | listing, selling, or leasing real estate or procuring or | ||||||
16 | referring
prospects intended to result in the
listing, sale, | ||||||
17 | purchase, lease, or exchange of real estate for another and for
| ||||||
18 | compensation.
| ||||||
19 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
20 | (225 ILCS 458/5-10)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
22 | Sec. 5-10. Application for State
certified general real | ||||||
23 | estate appraiser.
| ||||||
24 | (a) Every person who
desires to obtain a State certified | ||||||
25 | general real estate appraiser license
shall:
|
| |||||||
| |||||||
1 | (1) apply to the Department
OBRE on forms provided by the | ||||||
2 | Department
OBRE accompanied by the required fee;
| ||||||
3 | (2) be at least 18 years of age;
| ||||||
4 | (3) (blank);
provide evidence of having attained a high | ||||||
5 | school diploma or completed
an
equivalent
course of
study as | ||||||
6 | determined by an examination conducted
or accepted
by the | ||||||
7 | Illinois State Board of
Education;
| ||||||
8 | (4) personally take and pass an examination authorized by | ||||||
9 | the Department
OBRE and endorsed
by the AQB;
| ||||||
10 | (5) prior to taking the examination, provide evidence to | ||||||
11 | the Department, in Modular Course format, with each module | ||||||
12 | conforming to the Real Property Appraiser Qualification | ||||||
13 | Criteria established and adopted by the AQB on February 20, | ||||||
14 | 2004,
OBRE that he or she
has successfully completed the | ||||||
15 | prerequisite
classroom hours of instruction in appraising as | ||||||
16 | established by the AQB and by
rule; and
| ||||||
17 | (6) prior to taking the examination, provide evidence
to | ||||||
18 | the Department
OBRE that he or she has successfully completed | ||||||
19 | the prerequisite
experience requirements in appraising as | ||||||
20 | established by AQB and by rule.
| ||||||
21 | (b) Before December 31, 2008, applicants must provide | ||||||
22 | evidence to the Department of having attained a high school | ||||||
23 | diploma or completed
an
equivalent
course of
study as | ||||||
24 | determined by an examination conducted
or accepted
by the State | ||||||
25 | Board of
Education.
| ||||||
26 | (c) On or after December 31, 2008, applicants must provide |
| |||||||
| |||||||
1 | evidence to the Department of (i) holding a Bachelor's degree | ||||||
2 | or higher from an accredited college or university or (ii) | ||||||
3 | successfully passing 30 semester credit hours or the equivalent | ||||||
4 | from an accredited college or university, junior college, or | ||||||
5 | community college in the following subjects: | ||||||
6 | (1) English composition; | ||||||
7 | (2) micro economics; | ||||||
8 | (3) macro economics; | ||||||
9 | (4) finance; | ||||||
10 | (5) algebra, geometry, or higher mathematics; | ||||||
11 | (6) statistics; | ||||||
12 | (7) introduction to computers-word
| ||||||
13 | processing/spreadsheets; | ||||||
14 | (8) business or real estate law; and | ||||||
15 | (9) two elective courses in accounting, geography,
| ||||||
16 | agricultural economics, business management, or real
| ||||||
17 | estate and any other requirements established by the | ||||||
18 | Department by rule. | ||||||
19 | If an accredited college or university accepts the | ||||||
20 | College-Level Examination Program (CLEP) examinations and | ||||||
21 | issues a transcript for the exam showing its approval, it will | ||||||
22 | be considered credit for the college course for the purposes of | ||||||
23 | meeting the requirements of this subsection (c).
| ||||||
24 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
25 | (225 ILCS 458/5-15)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
2 | Sec. 5-15. Application for State certified residential | ||||||
3 | real estate
appraiser. Every person who
desires to obtain a | ||||||
4 | State certified residential real estate appraiser license
| ||||||
5 | shall:
| ||||||
6 | (1) apply to the Department
OBRE on forms provided by the | ||||||
7 | Department
OBRE accompanied by the required fee;
| ||||||
8 | (2) be at least 18 years of age;
| ||||||
9 | (3) (blank);
provide evidence of having attained a high | ||||||
10 | school diploma or completed
an equivalent
course of
study as | ||||||
11 | determined by an examination conducted
or accepted
by the | ||||||
12 | Illinois State Board of
Education;
| ||||||
13 | (4) personally take and pass an examination authorized by | ||||||
14 | the Department
OBRE and endorsed
by
the AQB;
| ||||||
15 | (5) prior to taking the examination, provide evidence
to | ||||||
16 | the Department, in Modular Course format, with each module | ||||||
17 | conforming to the Real Property Appraiser Qualification | ||||||
18 | Criteria established and adopted by the AQB on February 20, | ||||||
19 | 2004,
OBRE that he or she has successfully completed the | ||||||
20 | prerequisite
classroom hours of instruction in appraising as | ||||||
21 | established by the AQB and by
rule; and
| ||||||
22 | (6) prior to taking the examination, provide evidence
to | ||||||
23 | the Department
OBRE that he or she has successfully completed | ||||||
24 | the prerequisite
experience requirements as established by AQB | ||||||
25 | and by rule.
| ||||||
26 | (b) Before December 31, 2008, applicants must provide |
| |||||||
| |||||||
1 | evidence of having attained a high school diploma or completed
| ||||||
2 | an equivalent
course of
study as determined by an examination | ||||||
3 | conducted
or accepted
by the State Board of
Education;
| ||||||
4 | (c) On or after December 31, 2008, applicants must provide | ||||||
5 | evidence to the Department of (i) holding an Associate's degree | ||||||
6 | or its equivalent from an accredited college or university, | ||||||
7 | junior college, or community college or (ii) successfully | ||||||
8 | passing 21 semester credit hours or the equivalent from an | ||||||
9 | accredited college or university, junior college, or community | ||||||
10 | college in the following subjects: | ||||||
11 | (1) English composition; | ||||||
12 | (2) principals of economics (micro or macro); | ||||||
13 | (3) finance; | ||||||
14 | (4) algebra, geometry, or higher mathematics; | ||||||
15 | (5) statistics; | ||||||
16 | (6) introduction to computers-word
processing and | ||||||
17 | spreadsheets; | ||||||
18 | (7) business or real estate law; and | ||||||
19 | (8) any other requirements established by the | ||||||
20 | Department by rule.
| ||||||
21 | If an accredited college or university accepts the | ||||||
22 | College-Level Examination Program (CLEP) examinations and | ||||||
23 | issues a transcript for the exam showing its approval, it will | ||||||
24 | be considered credit for the college course for the purposes of | ||||||
25 | the requirements of this subsection (c).
| ||||||
26 | (Source: P.A. 92-180, eff. 7-1-02.)
|
| |||||||
| |||||||
1 | (225 ILCS 458/5-20)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
3 | Sec. 5-20. Application for associate real estate trainee
| ||||||
4 | appraiser. (a) Every person who desires to obtain an associate | ||||||
5 | real estate trainee appraiser
license shall:
| ||||||
6 | (1) apply to the Department
OBRE on forms provided by | ||||||
7 | the Department
OBRE accompanied by the required
fee;
| ||||||
8 | (2) be at least 18 years of age;
| ||||||
9 | (3) provide evidence of having attained a high school | ||||||
10 | diploma or completed
an
equivalent course of
study as | ||||||
11 | determined by an examination conducted
or accepted
by the | ||||||
12 | Illinois State Board of
Education;
| ||||||
13 | (4) personally take and pass an examination authorized | ||||||
14 | by the Department
OBRE and
endorsed by the
AQB; and
| ||||||
15 | (5) prior to taking the examination, provide evidence
| ||||||
16 | to the Department
OBRE that he or she has successfully
| ||||||
17 | completed
the prerequisite classroom hours of instruction | ||||||
18 | in appraising as established by
rule.
| ||||||
19 | (b) A person who holds a valid license as a licensed real | ||||||
20 | estate
appraiser, issued pursuant to
a predecessor Act, may | ||||||
21 | convert that license to an associate real estate
appraiser | ||||||
22 | license by making application
to
OBRE
on forms provided by
OBRE | ||||||
23 | accompanied by the required fee.
| ||||||
24 | (Source: P.A. 92-180, eff. 7-1-02.)
|
| |||||||
| |||||||
1 | (225 ILCS 458/5-21 new)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2012) | ||||||
3 | Sec. 5-21. Change of address notification. Any individual | ||||||
4 | licensed under this Act must inform the Department of any | ||||||
5 | change of address in a manner and within the amount of time | ||||||
6 | determined by the Department.
| ||||||
7 | (225 ILCS 458/5-25)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
9 | Sec. 5-25. Renewal of license.
| ||||||
10 | (a) The expiration date and renewal period
for a State | ||||||
11 | certified general
real estate appraiser license
or a State | ||||||
12 | certified residential
real estate appraiser license issued | ||||||
13 | under
this Act shall be set by rule.
Except as otherwise | ||||||
14 | provided in subsections (b) and (f) of this Section, the
holder | ||||||
15 | of a license may renew
the license within 90 days preceding the | ||||||
16 | expiration date by:
| ||||||
17 | (1) completing and submitting to the Department
OBRE a | ||||||
18 | renewal application form as
provided by
the Department
| ||||||
19 | OBRE ;
| ||||||
20 | (2) paying the required fees; and
| ||||||
21 | (3) providing evidence of successful completion of the | ||||||
22 | continuing
education requirements through courses approved | ||||||
23 | by the Department
OBRE from
education providers licensed by | ||||||
24 | the Department
OBRE , as established by the AQB
and by rule.
| ||||||
25 | (b) A State certified general real estate appraiser
or |
| |||||||
| |||||||
1 | State certified
residential real estate
appraiser whose | ||||||
2 | license under this Act has expired may renew
the license for a | ||||||
3 | period of
2 years following the expiration date by complying | ||||||
4 | with the requirements of
paragraphs (1), (2),
and (3) of | ||||||
5 | subsection (a)
of this Section and paying any late penalties | ||||||
6 | established by rule.
| ||||||
7 | (c) (Blank).
A State licensed real estate appraiser's | ||||||
8 | license
issued pursuant to a
predecessor Act shall continue in | ||||||
9 | effect until the earlier of its expiration
date or September | ||||||
10 | 30, 2003. The holder of such a license may not
renew the | ||||||
11 | license for any period after
September 30, 2003, but may | ||||||
12 | convert the license to an associate real estate
appraiser | ||||||
13 | license under this Act until
September 30, 2003 pursuant to | ||||||
14 | subsection (b) of Section 5-20 of this Act.
| ||||||
15 | (d) The expiration date and renewal period for an associate | ||||||
16 | real estate
trainee appraiser license issued under this
Act | ||||||
17 | shall be set by rule. Except as otherwise provided in | ||||||
18 | subsections (e) and
(f) of this Section, the holder
of an | ||||||
19 | associate real estate appraiser license may renew the license | ||||||
20 | within 90
days preceding the expiration date by:
| ||||||
21 | (1) completing and submitting to the Department
OBRE a | ||||||
22 | renewal application form as
provided by the Department
| ||||||
23 | OBRE ;
| ||||||
24 | (2) paying the required fees; and
| ||||||
25 | (3) providing evidence of successful completion of the | ||||||
26 | continuing
education requirements through
courses approved |
| |||||||
| |||||||
1 | by the Department
OBRE from education providers approved
by | ||||||
2 | the Department
OBRE , as established by rule.
| ||||||
3 | (e) Any associate real estate appraiser trainee whose | ||||||
4 | license under this Act has
expired may
renew the license for a | ||||||
5 | period of 2 years following the expiration date
by complying | ||||||
6 | with the requirements of paragraphs
(1), (2), and (3) of | ||||||
7 | subsection (d) of this Section and paying any late
penalties
as | ||||||
8 | established by rule. An associate real estate trainee appraiser | ||||||
9 | license may not be renewed more than 2 times.
| ||||||
10 | (f) Notwithstanding subsections (c) and (e), an
appraiser | ||||||
11 | whose license
under this Act has expired may renew or convert | ||||||
12 | the license without
paying any lapsed renewal
fees or late | ||||||
13 | penalties if the license expired while the appraiser was:
| ||||||
14 | (1) on active duty with the United States Armed | ||||||
15 | Services;
| ||||||
16 | (2) serving as the Coordinator
Director of Real Estate | ||||||
17 | Appraisal or an employee of
the Department
OBRE who was | ||||||
18 | required to surrender his or her license during the term of
| ||||||
19 | employment.
| ||||||
20 | Application for renewal must be made within 2 years | ||||||
21 | following
the termination of the military service or related | ||||||
22 | education, training, or
employment. The
licensee shall furnish | ||||||
23 | the Department
OBRE with an affidavit that he or she was so | ||||||
24 | engaged.
| ||||||
25 | (g) The Department
OBRE shall provide reasonable care and | ||||||
26 | due diligence to ensure that each
licensee under this Act
is |
| |||||||
| |||||||
1 | provided with a renewal application at least 90 days prior to | ||||||
2 | the expiration
date, but
each licensee is responsible to
timely | ||||||
3 | renew or convert his or her license prior to its expiration | ||||||
4 | date.
| ||||||
5 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
6 | (225 ILCS 458/5-30)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
8 | Sec. 5-30. Reciprocity; consent to jurisdiction. (a) A | ||||||
9 | nonresident who holds a valid appraiser license issued to him | ||||||
10 | or her
by the
proper licensing authority
of a state, territory, | ||||||
11 | possession of the United States, or the District of
Columbia | ||||||
12 | that has licensing
requirements equal to or substantially | ||||||
13 | equivalent to the requirements of the
State of Illinois and | ||||||
14 | otherwise
meets the requirements for licensure may obtain a | ||||||
15 | license without examination,
provided that:
| ||||||
16 | (1) the Department
OBRE has entered into a valid | ||||||
17 | reciprocal agreement with the proper
licensing authority
| ||||||
18 | of the state, territory, or possession of the United | ||||||
19 | States, or the District of
Columbia;
| ||||||
20 | (2) the applicant provides the Department
OBRE with a | ||||||
21 | certificate of good standing from
the licensing authority | ||||||
22 | of the applicant's place of residence or by
an Appraisal | ||||||
23 | Subcommittee National Registry
registry history report;
| ||||||
24 | (3) the applicant completes and submits an application | ||||||
25 | as provided by the Department
OBRE and
the applicant pays |
| |||||||
| |||||||
1 | all applicable fees as established by rule
required under | ||||||
2 | this Act .
| ||||||
3 | (b) A nonresident applicant shall file an irrevocable | ||||||
4 | consent with OBRE
authorizing that actions may be
commenced | ||||||
5 | against the applicant or nonresident licensee in a court of
| ||||||
6 | competent jurisdiction in the State
of Illinois by the service | ||||||
7 | of summons, process, or other pleading authorized by
law upon | ||||||
8 | the
Commissioner. The consent shall stipulate and agree that | ||||||
9 | service of the
summons, process, or pleading
upon the | ||||||
10 | Commissioner shall be taken and held in all courts to be valid | ||||||
11 | and
binding as if actual service
had been made upon the | ||||||
12 | nonresident licensee in Illinois. If a summons,
process, or | ||||||
13 | other pleading is
served upon the Commissioner, it shall be by | ||||||
14 | duplicate copies, one of which
shall be retained by OBRE
and | ||||||
15 | the other of which shall be immediately forwarded by certified | ||||||
16 | or
registered mail to the last
known address of the nonresident | ||||||
17 | licensee against whom the summons, process, or
other pleading | ||||||
18 | may be directed .
| ||||||
19 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
20 | (225 ILCS 458/5-35)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
22 | Sec. 5-35. Pre-license education requirements.
| ||||||
23 | (a) The prerequisite
classroom hours necessary for a person | ||||||
24 | to be
approved to sit for the examination for licensure as a
| ||||||
25 | State
certified general real
estate
appraiser
or
a State |
| |||||||
| |||||||
1 | certified residential
real estate appraiser
shall be in | ||||||
2 | accordance with AQB criteria and established
by rule.
| ||||||
3 | (b) The prerequisite classroom hours necessary for a person
| ||||||
4 | to sit for the examination for licensure as an associate real
| ||||||
5 | estate trainee appraiser shall be established by rule.
| ||||||
6 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
7 | (225 ILCS 458/5-40)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
9 | Sec. 5-40. Pre-license experience requirements. The
| ||||||
10 | prerequisite experience necessary for a person to be approved | ||||||
11 | to sit for the
examination
for licensure as a State certified | ||||||
12 | general real estate
appraiser or a State certified
residential | ||||||
13 | real
estate appraiser shall be in accordance with AQB criteria | ||||||
14 | and established by
rule.
| ||||||
15 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
16 | (225 ILCS 458/5-45)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
18 | Sec. 5-45. Continuing education renewal requirements.
| ||||||
19 | (a) The continuing education requirements for a person to | ||||||
20 | renew a license as
a State certified general
real estate | ||||||
21 | appraiser
or
a State certified residential real estate | ||||||
22 | appraiser
shall be in accordance with AQB criteria and
| ||||||
23 | established by rule.
| ||||||
24 | (b) The continuing education requirements for a person to
|
| |||||||
| |||||||
1 | renew a license as an associate real estate trainee appraiser | ||||||
2 | shall be
established by rule.
| ||||||
3 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
4 | (225 ILCS 458/5-55)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
6 | Sec. 5-55. Fees. The Department
OBRE shall establish rules | ||||||
7 | for fees to be paid by applicants and licensees to
cover the | ||||||
8 | reasonable costs
of the Department
OBRE in administering and | ||||||
9 | enforcing the provisions of this Act. The Department
OBRE may
| ||||||
10 | also establish rules for
general fees to cover the reasonable | ||||||
11 | expenses of carrying out other functions
and responsibilities | ||||||
12 | under
this Act.
| ||||||
13 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
14 | (225 ILCS 458/10-5)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
16 | Sec. 10-5. Scope of practice.
| ||||||
17 | (a) This Act does not limit a
State
certified general real | ||||||
18 | estate appraiser
in his or
her scope of practice in
a federally | ||||||
19 | related transaction . A certified general real estate appraiser
| ||||||
20 | may independently provide
appraisal
services, review, or | ||||||
21 | consulting
relating to any type of property for which he or she | ||||||
22 | has experience or
and is
competent. All such appraisal
practice | ||||||
23 | must be made in accordance with the provisions of USPAP, | ||||||
24 | criteria
established by the AQB, and rules adopted pursuant to |
| |||||||
| |||||||
1 | this Act.
| ||||||
2 | (b) A State certified residential real estate appraiser is | ||||||
3 | limited in his or
her scope of practice in all transactions in | ||||||
4 | accordance with
in a
federally related transaction as provided | ||||||
5 | by Title XI,
the provisions of USPAP, criteria established by | ||||||
6 | the AQB, and the
rules adopted pursuant to this Act.
| ||||||
7 | (c) A State certified residential real estate appraiser | ||||||
8 | must have a State certified general real estate appraiser who | ||||||
9 | holds a valid license under this Act co-sign all appraisal | ||||||
10 | reports on properties other than one to 4 units of residential | ||||||
11 | real property without regard to transaction value or | ||||||
12 | complexity.
A State licensed real estate appraiser is limited | ||||||
13 | in his or her scope of
practice in a federally
related | ||||||
14 | transaction
as provided by Title XI, the
provisions of USPAP, | ||||||
15 | criteria established by the AQB, and the
rules adopted pursuant | ||||||
16 | to this Act. No State licensed
real estate appraiser license | ||||||
17 | shall be issued on or after
September 30, 2003 under this Act.
| ||||||
18 | (d) An associate real estate trainee appraiser is limited | ||||||
19 | in his or her scope of
practice in all transactions in | ||||||
20 | accordance with the provisions of
USPAP, this
Act, and the | ||||||
21 | rules adopted pursuant to this Act. In addition,
an associate | ||||||
22 | real estate trainee appraiser shall be required to have
a State | ||||||
23 | certified
general real estate
appraiser or State certified | ||||||
24 | residential real estate appraiser who holds a
valid license | ||||||
25 | under this Act
to co-sign all appraisal reports. The associate | ||||||
26 | real estate trainee appraiser licensee may not have more than 3 |
| |||||||
| |||||||
1 | supervising appraisers, and a supervising appraiser may not | ||||||
2 | supervise more than 3 associate real estate trainee appraisers | ||||||
3 | at one time. A chronological appraisal log on an approved log | ||||||
4 | form shall be maintained by the associate real estate trainee | ||||||
5 | appraiser and shall be made available to the Department upon | ||||||
6 | request.
| ||||||
7 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
8 | (225 ILCS 458/10-10)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
10 | Sec. 10-10. Standards of practice. All persons licensed | ||||||
11 | under this Act
must comply with standards
of professional | ||||||
12 | appraisal practice adopted by the Department
OBRE . The | ||||||
13 | Department
OBRE must adopt, as part
of
its rules, the Uniform
| ||||||
14 | Standards of Professional Appraisal Practice (USPAP) as | ||||||
15 | published from time to time by
the Appraisal Standards
Board of | ||||||
16 | the Appraisal Foundation. The Department
OBRE shall consider | ||||||
17 | federal laws and
regulations regarding the
licensure of real | ||||||
18 | estate appraisers prior to adopting its rules for the
| ||||||
19 | administration of this Act.
| ||||||
20 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
21 | (225 ILCS 458/10-15)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
23 | Sec. 10-15. Identifying client. In addition to any other | ||||||
24 | requirements
for disclosure of a client on
an appraisal report, |
| |||||||
| |||||||
1 | a licensee under this Act shall also identify on the
appraisal | ||||||
2 | report the individual by name
who ordered or originated the
| ||||||
3 | appraisal assignment. If an individual's name is not provided | ||||||
4 | due to an automated ordering system, an email address for the | ||||||
5 | delivery of the appraisal report must be identified on the | ||||||
6 | appraisal report.
| ||||||
7 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
8 | (225 ILCS 458/10-20)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
10 | Sec. 10-20. Retention of records. A person licensed under | ||||||
11 | this Act shall
retain the original
copy of all written | ||||||
12 | contracts engaging his or her services as an appraiser and
all | ||||||
13 | appraisal
reports, including any supporting data used to | ||||||
14 | develop the appraisal report,
for a period of 5 years or 2
| ||||||
15 | years after the final disposition of any judicial proceeding in | ||||||
16 | which testimony
was given, whichever is
longer. In addition, a | ||||||
17 | person licensed under this Act shall retain contracts,
logs, | ||||||
18 | and appraisal reports used
in meeting pre-license experience | ||||||
19 | requirements for a period of 5 years and shall be made | ||||||
20 | available to the Department upon request .
| ||||||
21 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
22 | (225 ILCS 458/15-5)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
24 | Sec. 15-5. Unlicensed practice; civil penalty; injunctive |
| |||||||
| |||||||
1 | relief ; unlawful influence .
| ||||||
2 | (a) A person who violates Section 5-5 of this Act
shall, in | ||||||
3 | addition to any other penalty provided by law, pay a civil | ||||||
4 | penalty
to the Department
OBRE in an amount not
to exceed | ||||||
5 | $25,000
$10,000 for each violation as determined by the | ||||||
6 | Secretary
Commissioner . The
civil penalty shall
be assessed by | ||||||
7 | the Secretary
Commissioner after a hearing in accordance with | ||||||
8 | the provisions of this Act regarding the provision of a hearing | ||||||
9 | for the discipline of a license .
| ||||||
10 | (b) The Department
OBRE has the authority to investigate | ||||||
11 | any activity that may violate
this Act.
| ||||||
12 | (c) A civil penalty imposed pursuant to subsection (a) | ||||||
13 | shall be paid within
60 days after the effective date
of the | ||||||
14 | order imposing the
civil penalty. The order shall constitute a | ||||||
15 | judgment and may be filed and executed in the same manner as | ||||||
16 | any judgment from any court of record
OBRE may petition the | ||||||
17 | circuit court for a judgment to
enforce the
collection of the | ||||||
18 | penalty .
Any civil penalty collected under this Act shall be | ||||||
19 | made payable to the Department of Financial and Professional | ||||||
20 | Regulation
Office of
Banks and Real Estate and
deposited into | ||||||
21 | the Appraisal Administration Fund. In addition to or in lieu of
| ||||||
22 | the imposition of a civil
penalty, the Department
OBRE may | ||||||
23 | report a violation of this Act or the failure or refusal to
| ||||||
24 | comply with an order of the Department
OBRE to the Attorney | ||||||
25 | General or to the appropriate State's Attorney.
| ||||||
26 | (d) Practicing as an appraiser without holding a valid |
| |||||||
| |||||||
1 | license as required
under this Act
is declared
to be adverse to | ||||||
2 | the public welfare, to constitute a public nuisance, and to
| ||||||
3 | cause irreparable harm to the
public welfare. The Secretary
| ||||||
4 | Commissioner , the Attorney General, or the State's
Attorney
of | ||||||
5 | any county in the State
may maintain an action for injunctive | ||||||
6 | relief in any circuit court to enjoin any
person from
engaging | ||||||
7 | in such practice.
| ||||||
8 | Upon the filing of a verified petition in a circuit court, | ||||||
9 | the court, if
satisfied by affidavit or otherwise that
a person | ||||||
10 | has been engaged in the practice of real estate appraisal | ||||||
11 | without a
valid license,
may enter a temporary restraining | ||||||
12 | order without notice or bond
enjoining the defendant
from | ||||||
13 | further practice. The showing of non-licensure, by affidavit or
| ||||||
14 | otherwise, is sufficient
for the issuance of a temporary | ||||||
15 | injunction.
If it is established that the defendant has been or | ||||||
16 | is engaged
in unlawful practice, the court
may enter an order | ||||||
17 | or judgment perpetually enjoining the defendant from further
| ||||||
18 | unlawful practice. In all
proceedings under this Section, the | ||||||
19 | court, in its discretion, may apportion the
costs among the | ||||||
20 | parties interested
in the action, including the cost of filing | ||||||
21 | the complaint, service of process,
witness fees and expenses, | ||||||
22 | court
reporter charges, and reasonable attorneys' fees.
These | ||||||
23 | injunction proceedings shall be in addition to, and not in lieu | ||||||
24 | of, all
penalties and other remedies
provided in this Act.
| ||||||
25 | (e) No person may directly or indirectly compensate, | ||||||
26 | instruct, induce, coerce, or intimidate an appraiser licensed |
| |||||||
| |||||||
1 | or certified under this Act for the purpose of corruption or | ||||||
2 | improperly influencing the appraiser's independent judgment | ||||||
3 | with respect to the valuation of any property pursuant to this | ||||||
4 | Act. A person who violates this subsection (e) is guilty of a | ||||||
5 | Class A misdemeanor for the first offense and a Class 4 felony | ||||||
6 | for any subsequent offense.
| ||||||
7 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
8 | (225 ILCS 458/15-10)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
10 | Sec. 15-10. Grounds for disciplinary action.
| ||||||
11 | (a) The Department
Office of Banks and Real Estate may | ||||||
12 | suspend, revoke,
refuse to issue or
renew a license and may | ||||||
13 | reprimand place on probation or administrative
supervision,
or | ||||||
14 | otherwise discipline a licensee, including
imposing
conditions | ||||||
15 | limiting the scope, nature, or extent of the real estate | ||||||
16 | appraisal
practice of a
licensee or reducing the appraisal rank | ||||||
17 | of a licensee,
and may impose an administrative fine
a civil | ||||||
18 | penalty not to exceed $10,000 upon a licensee
for one or any | ||||||
19 | combination of the following:
| ||||||
20 | (1) Procuring or attempting to procure a license by | ||||||
21 | knowingly making a
false statement,
submitting false | ||||||
22 | information, engaging in any form of fraud or
| ||||||
23 | misrepresentation,
or refusing
to provide complete | ||||||
24 | information in response to a question in an application for
| ||||||
25 | licensure.
|
| |||||||
| |||||||
1 | (2) Failing to meet the minimum qualifications for | ||||||
2 | licensure as an
appraiser established by this
Act.
| ||||||
3 | (3) Paying money, other than for the fees provided for | ||||||
4 | by this Act, or
anything of value to a
member or employee | ||||||
5 | of the Board or the Department
Office of Banks and Real | ||||||
6 | Estate to procure
licensure
under this Act.
| ||||||
7 | (4) Being convicted of any crime, an essential element | ||||||
8 | of which is
dishonesty, fraud, theft, or
embezzlement, or | ||||||
9 | obtaining money, property, or credit by false pretenses, or
| ||||||
10 | any other crime
that is reasonably related to the practice | ||||||
11 | of real estate appraisal or a
conviction in any state
or | ||||||
12 | federal court of any felony.
| ||||||
13 | (5) Committing an act or omission involving | ||||||
14 | dishonesty, fraud, or
misrepresentation with the intent to
| ||||||
15 | substantially benefit the licensee or another person or | ||||||
16 | with intent to
substantially injure
another person as | ||||||
17 | defined by rule.
| ||||||
18 | (6) Violating a provision or standard for the | ||||||
19 | development or
communication of real estate
appraisals as | ||||||
20 | provided in Section 10-10 of this Act or as defined by | ||||||
21 | rule.
| ||||||
22 | (7) Failing or refusing without good cause to exercise | ||||||
23 | reasonable
diligence in developing, reporting,
or | ||||||
24 | communicating an appraisal, as defined by this Act or by | ||||||
25 | rule.
| ||||||
26 | (8) Violating a provision of this Act or the rules |
| |||||||
| |||||||
1 | adopted pursuant to
this Act.
| ||||||
2 | (9) Having been disciplined by another state, the | ||||||
3 | District of Columbia, a
territory, a foreign nation,
a | ||||||
4 | governmental agency, or any other entity authorized to | ||||||
5 | impose discipline if
at least one of
the grounds for that | ||||||
6 | discipline is the same as or the equivalent of one of the
| ||||||
7 | grounds for
which a licensee may be disciplined under this | ||||||
8 | Act.
| ||||||
9 | (10) Engaging in dishonorable, unethical, or | ||||||
10 | unprofessional conduct of a
character likely to
deceive, | ||||||
11 | defraud, or harm the public.
| ||||||
12 | (11) Accepting an appraisal assignment when the | ||||||
13 | employment
itself is contingent
upon the appraiser | ||||||
14 | reporting a predetermined estimate, analysis, or opinion | ||||||
15 | or
when the fee
to be paid is contingent upon the opinion, | ||||||
16 | conclusion, or valuation reached or
upon the
consequences | ||||||
17 | resulting from the appraisal assignment.
| ||||||
18 | (12) Developing valuation conclusions based on the | ||||||
19 | race, color, religion,
sex, national origin,
ancestry, | ||||||
20 | age, marital status, family status, physical or mental | ||||||
21 | handicap, or
unfavorable
military discharge, as defined | ||||||
22 | under the Illinois Human Rights Act, of the
prospective or
| ||||||
23 | present owners or occupants of the area or property under | ||||||
24 | appraisal.
| ||||||
25 | (13) Violating the confidential nature of government | ||||||
26 | records to which
the licensee gained
access through |
| |||||||
| |||||||
1 | employment or engagement as an appraiser by a government | ||||||
2 | agency.
| ||||||
3 | (14) Being adjudicated liable in a civil proceeding on | ||||||
4 | grounds of
fraud, misrepresentation, or
deceit. In a | ||||||
5 | disciplinary proceeding based upon a finding of civil | ||||||
6 | liability,
the appraiser shall
be afforded an opportunity | ||||||
7 | to present mitigating and extenuating circumstances,
but | ||||||
8 | may not
collaterally attack the civil adjudication.
| ||||||
9 | (15) Being adjudicated liable in a civil proceeding for | ||||||
10 | violation of
a state or federal fair
housing law.
| ||||||
11 | (16) Engaging in misleading or untruthful advertising | ||||||
12 | or using a trade
name or insignia of
membership in a real | ||||||
13 | estate appraisal or real estate organization of
which the | ||||||
14 | licensee is
not a member.
| ||||||
15 | (17) Failing to fully cooperate with an the Department
| ||||||
16 | OBRE investigation by knowingly
making a false
statement, | ||||||
17 | submitting false or misleading information, or refusing to | ||||||
18 | provide
complete information in response to written
| ||||||
19 | interrogatories or a written
request for documentation | ||||||
20 | within 30 days of the request.
| ||||||
21 | (18) Failing to include within the certificate of | ||||||
22 | appraisal for all
written appraisal reports the | ||||||
23 | appraiser's license number and licensure title .
All | ||||||
24 | appraisers providing significant contribution to the | ||||||
25 | development and
reporting of an appraisal must be disclosed | ||||||
26 | in the appraisal report. It is a
violation of this Act for |
| |||||||
| |||||||
1 | an
appraiser to sign a report,
transmittal letter, or | ||||||
2 | appraisal certification knowing that a person providing
a | ||||||
3 | significant
contribution to the report has not been | ||||||
4 | disclosed in the appraisal report.
| ||||||
5 | (19) Violating the terms of a disciplinary order or | ||||||
6 | consent to administrative supervision order. | ||||||
7 | (20) Habitual or excessive use or addiction to alcohol, | ||||||
8 | narcotics, stimulants, or any other chemical agent or drug | ||||||
9 | that results in a licensee's inability to practice with | ||||||
10 | reasonable judgment, skill, or safety. | ||||||
11 | (21) A physical or mental illness or disability which | ||||||
12 | results in the inability to practice under this Act with | ||||||
13 | reasonable judgment, skill, or safety.
| ||||||
14 | (b) The Department
Office of Banks and Real Estate may | ||||||
15 | reprimand suspend, revoke,
or refuse to issue or renew an | ||||||
16 | education provider's
license, may reprimand, place on | ||||||
17 | probation, or otherwise discipline
an education provider
and | ||||||
18 | may suspend or revoke the course approval of any course offered | ||||||
19 | by
an education provider and may impose an administrative fine
| ||||||
20 | a civil penalty not to exceed $10,000 upon
an education | ||||||
21 | provider,
for any of the following:
| ||||||
22 | (1) Procuring or attempting to procure licensure by | ||||||
23 | knowingly making a
false statement,
submitting false | ||||||
24 | information, engaging in any form of fraud or
| ||||||
25 | misrepresentation, or
refusing to
provide complete | ||||||
26 | information in response to a question in an application for
|
| |||||||
| |||||||
1 | licensure.
| ||||||
2 | (2) Failing to comply with the covenants certified to | ||||||
3 | on the application
for licensure as an education provider.
| ||||||
4 | (3) Committing an act or omission involving | ||||||
5 | dishonesty, fraud, or
misrepresentation or allowing any | ||||||
6 | such act or omission by
any employee or contractor under | ||||||
7 | the control of the provider.
| ||||||
8 | (4) Engaging in misleading or untruthful advertising.
| ||||||
9 | (5) Failing to retain competent instructors in | ||||||
10 | accordance with rules
adopted
under this Act.
| ||||||
11 | (6) Failing to meet the topic or time requirements for | ||||||
12 | course approval as
the provider of a pre-license
curriculum | ||||||
13 | course or a continuing education course.
| ||||||
14 | (7) Failing to administer an approved course using the | ||||||
15 | course materials,
syllabus, and examinations
submitted as | ||||||
16 | the basis of the course approval.
| ||||||
17 | (8) Failing to provide an appropriate classroom | ||||||
18 | environment for
presentation of courses, with
| ||||||
19 | consideration for student comfort, acoustics, lighting, | ||||||
20 | seating, workspace, and
visual aid material.
| ||||||
21 | (9) Failing to maintain student records in compliance | ||||||
22 | with the rules
adopted under this Act.
| ||||||
23 | (10) Failing to provide a certificate, transcript, or | ||||||
24 | other student
record to the Department
OBRE or to a student
| ||||||
25 | as may be required by rule.
| ||||||
26 | (11) Failing to fully cooperate with an OBRE
|
| |||||||
| |||||||
1 | investigation by the Department by knowingly
making a false
| ||||||
2 | statement, submitting false or misleading information, or | ||||||
3 | refusing to provide
complete information in response to | ||||||
4 | written interrogatories or a written
request for | ||||||
5 | documentation within 30 days of the request.
| ||||||
6 | (c) In appropriate cases, the Department
OBRE may resolve a | ||||||
7 | complaint against a licensee
through the issuance of a Consent | ||||||
8 | to Administrative Supervision order.
A licensee subject to a | ||||||
9 | Consent to Administrative Supervision order
shall be | ||||||
10 | considered by the Department
OBRE
as an active licensee in good | ||||||
11 | standing. This order shall not be reported or
considered by the | ||||||
12 | Department
OBRE to be a discipline
of the licensee. The records | ||||||
13 | regarding an investigation and a Consent to
Administrative | ||||||
14 | Supervision order
shall be considered confidential and shall | ||||||
15 | not be released by the Department
OBRE except
as mandated by | ||||||
16 | law.
A complainant shall be notified if his or her complaint | ||||||
17 | has been resolved
by a Consent to
Administrative Supervision | ||||||
18 | order.
| ||||||
19 | (d) A licensee may be represented by legal counsel at an | ||||||
20 | informal conference. If the informal conference results in a | ||||||
21 | consent order between the accused licensee and the Department, | ||||||
22 | the consent order must be approved by the Director. However, if | ||||||
23 | the consent order would result in a fine exceeding $5,000 or | ||||||
24 | the suspension in excess of one year or revocation of the | ||||||
25 | license, the consent order must be approved by the Board and | ||||||
26 | the Director.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
2 | (225 ILCS 458/15-15)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
4 | Sec. 15-15. Investigation; notice; hearing.
| ||||||
5 | (a) Upon the motion of the Department
Office of Banks and | ||||||
6 | Real Estate or the Board or
upon a complaint in
writing of a | ||||||
7 | person setting forth facts that, if proven, would constitute
| ||||||
8 | grounds for suspension, revocation,
or other disciplinary | ||||||
9 | action against a licensee or applicant for licensure, the | ||||||
10 | Department
Office of Banks and Real
Estate shall investigate | ||||||
11 | the actions of the licensee or applicant.
| ||||||
12 | (b) Formal disciplinary proceedings shall commence upon | ||||||
13 | the issuance of a
written complaint
describing the charges that | ||||||
14 | are the basis of the disciplinary action and
delivery of the | ||||||
15 | detailed complaint to the address of
record of the licensee or | ||||||
16 | applicant. The Department
OBRE shall notify the licensee or
| ||||||
17 | applicant
to file a verified written
answer within 20 days | ||||||
18 | after the service of the notice and complaint.
The
notification | ||||||
19 | shall inform the licensee or applicant of his or her
right to | ||||||
20 | be heard in person or by
legal counsel; that the hearing will | ||||||
21 | be afforded not sooner than 30 days after
service
receipt of | ||||||
22 | the complaint
answer to the
specific charges ; that failure to | ||||||
23 | file an answer will result in a default being
entered against | ||||||
24 | the licensee or applicant;
that the license may be suspended, | ||||||
25 | revoked, or placed on
probationary status; and that other
|
| |||||||
| |||||||
1 | disciplinary action may be taken pursuant to this Act, | ||||||
2 | including limiting the
scope, nature, or extent of the | ||||||
3 | licensee's
practice. If the licensee or applicant fails to file | ||||||
4 | an answer after service of
notice, his or her license may,
at | ||||||
5 | the discretion of the Department
Office of Banks and Real | ||||||
6 | Estate , be suspended,
revoked, or placed on probationary
status | ||||||
7 | and the Department
Office of Banks and Real Estate may take | ||||||
8 | whatever disciplinary
action it deems proper,
including | ||||||
9 | limiting the scope, nature, or extent of the person's practice,
| ||||||
10 | without a hearing.
| ||||||
11 | (c) At the time and place fixed in the notice, the Board | ||||||
12 | shall conduct
hearing of the charges, providing
both the | ||||||
13 | accused person and the complainant ample opportunity to present | ||||||
14 | in
person
or by counsel such statements, testimony, evidence, | ||||||
15 | and argument as may be
pertinent to the charges or
to a defense | ||||||
16 | thereto.
| ||||||
17 | (d) The Board shall present to the Secretary
Commissioner a | ||||||
18 | written report of its
findings and
recommendations. A copy of | ||||||
19 | the report shall be served upon the licensee or
applicant,
| ||||||
20 | either personally or by certified
mail. Within 20 days after | ||||||
21 | the service, the licensee or applicant may present
the | ||||||
22 | Secretary
Commissioner with a motion in writing
for either a | ||||||
23 | rehearing, a proposed finding of fact, a conclusion of law, or | ||||||
24 | an
alternative sanction, and shall
specify the particular | ||||||
25 | grounds for the request. If the accused orders a
transcript of | ||||||
26 | the record
as provided in this Act, the time elapsing |
| |||||||
| |||||||
1 | thereafter and before the transcript
is ready for delivery to | ||||||
2 | the
accused shall not be counted as part of the 20 days. If the | ||||||
3 | Secretary
Commissioner is
not satisfied that
substantial | ||||||
4 | justice has been done, the Secretary
Commissioner may order a | ||||||
5 | rehearing by
the Board or other
special committee appointed by | ||||||
6 | the Secretary
Commissioner , may remand the matter to the
Board | ||||||
7 | for its
reconsideration of the matter based on the pleadings | ||||||
8 | and evidence presented to
the Board, or may enter
a final order | ||||||
9 | in contravention of the Board's recommendation. In all
| ||||||
10 | instances under this Act in which
the Board has rendered a | ||||||
11 | recommendation to the Secretary
Commissioner with respect to a
| ||||||
12 | particular licensee or
applicant, the Secretary
Commissioner , | ||||||
13 | if he or she disagrees with
the recommendation of the Board, | ||||||
14 | shall file with the Board and provide to the
licensee or | ||||||
15 | applicant a copy of the Secretary's
Commissioner's specific | ||||||
16 | written reasons for
disagreement with the Board. The reasons | ||||||
17 | shall be filed within 60 days of the
Board's recommendation
to | ||||||
18 | the Secretary
Commissioner and prior to any contrary action. | ||||||
19 | Notwithstanding a licensee's or applicant's failure to file a | ||||||
20 | motion for rehearing
At the expiration of the
time specified | ||||||
21 | for filing
a motion for a rehearing , the Secretary
Commissioner
| ||||||
22 | shall have the right to take any of
the actions specified in | ||||||
23 | this
subsection (d). Upon the suspension or revocation of a | ||||||
24 | license, the licensee
shall
be required to surrender his
or her | ||||||
25 | license to the Department
OBRE , and upon failure or refusal to | ||||||
26 | do so, the Department
OBRE
shall have
the right to seize the
|
| |||||||
| |||||||
1 | license.
| ||||||
2 | (e) The Department
Office of Banks and Real Estate has the | ||||||
3 | power to issue subpoenas and
subpoenas duces tecum
to bring | ||||||
4 | before it any person in this State, to take testimony, or to | ||||||
5 | require
production of any records
relevant to an inquiry or | ||||||
6 | hearing by the Board in the same manner as prescribed
by law in | ||||||
7 | judicial
proceedings in the courts of this State. In a case of | ||||||
8 | refusal of a witness to
attend, testify, or to produce
books or | ||||||
9 | papers concerning a matter upon which he or she might be | ||||||
10 | lawfully
examined, the circuit court
of the county where the | ||||||
11 | hearing is held, upon application of the Department
Office of
| ||||||
12 | Banks and Real Estate or any
party to the proceeding, may | ||||||
13 | compel obedience by proceedings as for contempt.
| ||||||
14 | (f) Any license that is suspended indefinitely or revoked | ||||||
15 | may not be
restored for a minimum period
of 2 years, or as | ||||||
16 | otherwise ordered by the Secretary
Commissioner .
| ||||||
17 | (g) In addition to the provisions of this Section | ||||||
18 | concerning the conduct of
hearings and the
recommendations for | ||||||
19 | discipline, the Department
OBRE has the authority to negotiate
| ||||||
20 | disciplinary and non-disciplinary
settlement agreements | ||||||
21 | concerning any license issued under this Act. All such
| ||||||
22 | agreements shall be
recorded as Consent Orders or Consent to | ||||||
23 | Administrative Supervision Orders.
| ||||||
24 | (h) The Secretary
Commissioner shall have the authority to | ||||||
25 | appoint an attorney duly
licensed to practice law in the
State | ||||||
26 | of Illinois to serve as the hearing officer in any action to |
| |||||||
| |||||||
1 | suspend,
revoke, or otherwise discipline
any license issued by | ||||||
2 | the Department
Office of Banks and Real Estate . The Hearing | ||||||
3 | Officer
shall have full authority
to conduct the hearing.
| ||||||
4 | (i) The Department
OBRE , at its expense, shall preserve a | ||||||
5 | record of all formal hearings of
any contested case involving
| ||||||
6 | the discipline of a license. At all hearings or pre-hearing | ||||||
7 | conferences, the Department
OBRE and the licensee shall be
| ||||||
8 | entitled to have the proceedings transcribed by a certified | ||||||
9 | shorthand reporter.
A copy of the transcribed
proceedings shall | ||||||
10 | be made available to the licensee by the certified shorthand
| ||||||
11 | reporter upon payment of
the prevailing contract copy rate.
| ||||||
12 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
13 | (225 ILCS 458/15-17 new)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2012) | ||||||
15 | Sec. 15-17. Temporary suspension. The Secretary may | ||||||
16 | temporarily suspend the license of a licensee without a | ||||||
17 | hearing, simultaneously with the institution of proceedings | ||||||
18 | for a hearing provided in Section 15-10 of this Act, if the | ||||||
19 | Secretary finds that the public interest, safety, or welfare | ||||||
20 | requires such emergency action. In the event that the Secretary | ||||||
21 | temporarily suspends a license without a hearing before the | ||||||
22 | Board, a hearing shall be held within 30 days after the | ||||||
23 | suspension has occurred. The suspended licensee may seek a | ||||||
24 | continuance of the hearing, during which time the suspension | ||||||
25 | shall remain in effect. The proceeding shall be concluded |
| |||||||
| |||||||
1 | without appreciable delay. If the Department does not hold a | ||||||
2 | hearing within 30 days after the date of suspension, the | ||||||
3 | licensee's license shall be automatically reinstated.
| ||||||
4 | (225 ILCS 458/15-20)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
6 | Sec. 15-20. Administrative Review Law; certification fees; | ||||||
7 | Administrative
Procedure Act.
| ||||||
8 | (a) All final administrative decisions of the Secretary
| ||||||
9 | Commissioner under this Act
are subject to
judicial review | ||||||
10 | pursuant to the
provisions of the Administrative Review Law and | ||||||
11 | the rules adopted pursuant
thereto. The term
"administrative | ||||||
12 | decision" has the meaning ascribed to it in Section
3-101 of | ||||||
13 | the
Administrative Review Law.
| ||||||
14 | (b) The Department
OBRE shall not be required to certify | ||||||
15 | any record, file any answer or
otherwise appear unless the
| ||||||
16 | party filing the administrative review complaint pays the | ||||||
17 | certification fee to the Department
OBRE as provided by rule.
| ||||||
18 | Failure on the part of the plaintiff to make such a deposit | ||||||
19 | shall be grounds
for dismissal of the action.
| ||||||
20 | (c) The Administrative Procedures Act is hereby expressly | ||||||
21 | adopted
and incorporated herein. In the event of a conflict | ||||||
22 | between
this Act and the Administrative Procedures Act, this | ||||||
23 | Act shall
control.
| ||||||
24 | (Source: P.A. 92-180, eff. 7-1-02.)
|
| |||||||
| |||||||
1 | (225 ILCS 458/15-30)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
3 | Sec. 15-30. Statute of limitations. No action may be taken | ||||||
4 | under this
Act against a person licensed
under this Act unless | ||||||
5 | the action is commenced within 5 years after the
occurrence of | ||||||
6 | the alleged violation or at least 2 years after final | ||||||
7 | disposition of any judicial proceeding in which the appraiser | ||||||
8 | provided testimony related to the assignment, whichever period | ||||||
9 | expires last .
A continuing violation is deemed to have occurred | ||||||
10 | on the date when the
circumstances last existed
that gave rise | ||||||
11 | to the alleged continuing violation.
| ||||||
12 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
13 | (225 ILCS 458/15-35)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
15 | Sec. 15-35. Signature of the Secretary
Commissioner . An | ||||||
16 | order of revocation or
suspension or a certified
copy of the | ||||||
17 | order, bearing the seal of the Department
OBRE and purporting | ||||||
18 | to be signed by the Secretary
Commissioner , shall be prima
| ||||||
19 | facie proof that:
| ||||||
20 | (1) the signature is the genuine signature of the | ||||||
21 | Secretary
Commissioner ;
| ||||||
22 | (2) the Secretary
Commissioner is duly appointed and | ||||||
23 | qualified; and
| ||||||
24 | (3) the Board and the members thereof are qualified.
| ||||||
25 | This proof may be rebutted.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
2 | (225 ILCS 458/15-40)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
4 | Sec. 15-40. Violation of tax Acts. The Department
OBRE may | ||||||
5 | refuse to issue or renew or
may suspend the license
of any | ||||||
6 | person who fails to file a return, pay the tax, penalty, or | ||||||
7 | interest
shown in a filed return, or pay any
final assessment | ||||||
8 | of tax, penalty, or interest, as required by any tax Act
| ||||||
9 | administered by the Department
of Revenue, until such time as | ||||||
10 | the requirements of that tax Act are
satisfied.
| ||||||
11 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
12 | (225 ILCS 458/15-45)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
14 | Sec. 15-45. Disciplinary action for educational loan | ||||||
15 | defaults. The Department
OBRE shall
deny a license or renewal
| ||||||
16 | authorized by this Act to a person who has defaulted on an | ||||||
17 | educational loan or
scholarship provided or
guaranteed by the | ||||||
18 | Illinois Student Assistance Commission or any governmental
| ||||||
19 | agency of this State;
however, the Department
OBRE may issue a | ||||||
20 | license or renewal if the person has established a
satisfactory | ||||||
21 | repayment
record as determined by the Illinois Student | ||||||
22 | Assistance Commission or other
appropriate governmental
agency | ||||||
23 | of this State. Additionally, a license issued by the Department
| ||||||
24 | OBRE may be suspended
or revoked if the Secretary
Commissioner , |
| |||||||
| |||||||
1 | after the opportunity for a hearing under this Act, finds that
| ||||||
2 | the licensee has failed to
make satisfactory repayment to the | ||||||
3 | Illinois Student Assistance Commission for a
delinquent or | ||||||
4 | defaulted
loan.
| ||||||
5 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
6 | (225 ILCS 458/15-50)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
8 | Sec. 15-50. Nonpayment of child support. In cases where the | ||||||
9 | Department of Healthcare and Family Services (formerly
| ||||||
10 | Department of
Public Aid ) has
previously determined that a | ||||||
11 | licensee or a potential licensee is more than 30
days | ||||||
12 | delinquent in the
payment of child support and has subsequently | ||||||
13 | certified the delinquency to the Department
OBRE , the | ||||||
14 | Department
OBRE may refuse
to issue or renew or may revoke or | ||||||
15 | suspend that person's license or may take
other disciplinary | ||||||
16 | action
against that person based solely upon the certification | ||||||
17 | of delinquency made by
the Department of Healthcare and Family | ||||||
18 | Services (formerly Department of Public
Aid ) . Redetermination | ||||||
19 | of the delinquency by the Department
OBRE shall not be | ||||||
20 | required. In cases
regarding the renewal
of a license, the | ||||||
21 | Department
OBRE shall not renew any license if the Department | ||||||
22 | of Healthcare and Family Services (formerly Department of | ||||||
23 | Public Aid )
has certified the licensee
to be more than 30 days | ||||||
24 | delinquent in the payment of child support, unless the
licensee | ||||||
25 | has arranged for
payment of past and current child support |
| |||||||
| |||||||
1 | obligations in a manner satisfactory
to the Department of | ||||||
2 | Healthcare and Family Services (formerly Department of
Public | ||||||
3 | Aid ) . The Department
OBRE may impose conditions, restrictions, | ||||||
4 | or disciplinary action
upon that renewal.
| ||||||
5 | (Source: P.A. 92-180, eff. 7-1-02; revised 12-15-05.)
| ||||||
6 | (225 ILCS 458/15-55)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
8 | Sec. 15-55. Returned checks; penalty; termination. A | ||||||
9 | person who
delivers a check or other
payment to the Department
| ||||||
10 | OBRE that is returned to the Department
OBRE unpaid by the | ||||||
11 | financial institution
upon which it was drawn
shall pay to the | ||||||
12 | Department
OBRE , in addition to the amount already owed, a | ||||||
13 | penalty of
$50. The Department
OBRE shall notify the
person, by | ||||||
14 | certified mail return receipt requested, that his or her check | ||||||
15 | or
payment was returned and that
the person shall pay to the | ||||||
16 | Department
OBRE by certified check or money order the amount of
| ||||||
17 | the returned check plus
a $50 penalty within 30 calendar days | ||||||
18 | after the date of the notification.
If, after the expiration of | ||||||
19 | 30
calendar days of the notification, the person has failed to | ||||||
20 | remit the necessary
funds and penalty, the Department
OBRE
| ||||||
21 | shall automatically terminate the license or deny the | ||||||
22 | application without
hearing. If the returned check
or other | ||||||
23 | payment was for issuance of a license under this Act and that | ||||||
24 | person
practices as an appraiser,
that person may be subject to | ||||||
25 | discipline for unlicensed practice as provided in
this Act. If, |
| |||||||
| |||||||
1 | after
termination or denial, the person seeks a license, he or | ||||||
2 | she shall petition the Department
OBRE
for restoration and he | ||||||
3 | or she
may be subject to additional discipline or fines. The | ||||||
4 | Secretary
Commissioner may waive
the penalties or fines due
| ||||||
5 | under this Section in individual cases where the Secretary
| ||||||
6 | Commissioner finds that the
penalties or fines would be
| ||||||
7 | unreasonable or unnecessarily burdensome.
| ||||||
8 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
9 | (225 ILCS 458/15-60)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
11 | Sec. 15-60. Cease and desist orders. The Department
OBRE
| ||||||
12 | may issue cease
and desist orders to persons who engage in | ||||||
13 | activities prohibited
by this Act. Any person in violation of a | ||||||
14 | cease and desist order
issued by the Department
OBRE is subject | ||||||
15 | to all of the penalties provided by law.
| ||||||
16 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
17 | (225 ILCS 458/20-5)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
19 | Sec. 20-5. Education providers.
| ||||||
20 | (a) Beginning July 1, 2002, only education providers | ||||||
21 | licensed by the Department
OBRE may
provide the pre-license and | ||||||
22 | continuing education courses required for licensure
under this | ||||||
23 | Act.
| ||||||
24 | (b) A person or entity seeking to be licensed as an |
| |||||||
| |||||||
1 | education
provider under this Act
shall provide satisfactory | ||||||
2 | evidence of the following:
| ||||||
3 | (1) a sound financial base for establishing, | ||||||
4 | promoting, and delivering the
necessary
courses;
| ||||||
5 | (2) a sufficient number of qualified instructors;
| ||||||
6 | (3) adequate support personnel to assist with | ||||||
7 | administrative matters and
technical
assistance;
| ||||||
8 | (4) a written policy dealing with procedures for | ||||||
9 | management of grievances
and fee refunds;
| ||||||
10 | (5) a qualified administrator, who is responsible for | ||||||
11 | the
administration of the
education provider, courses, and | ||||||
12 | the actions of the instructors; and
| ||||||
13 | (6) any other requirements as provided by rule.
| ||||||
14 | (c) All applicants for an education provider's license | ||||||
15 | shall make initial
application to the Department
OBRE on forms | ||||||
16 | provided by the Department
OBRE and pay the appropriate fee as
| ||||||
17 | provided by rule. The term, expiration date, and renewal of an | ||||||
18 | education
provider's license shall be established by rule.
| ||||||
19 | (d) An education provider shall provide each successful | ||||||
20 | course participant
with a certificate of
completion signed by | ||||||
21 | the school administrator. The format and content of the
| ||||||
22 | certificate shall be specified by rule.
| ||||||
23 | (e) All education providers shall provide to the Department
| ||||||
24 | OBRE a monthly roster of all
successful course
participants as | ||||||
25 | provided by rule.
| ||||||
26 | (Source: P.A. 92-180, eff. 7-1-02.)
|
| |||||||
| |||||||
1 | (225 ILCS 458/20-10)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
3 | Sec. 20-10. Course approval.
| ||||||
4 | (a) Only courses offered by licensed education providers | ||||||
5 | and approved
by the Department, courses approved by the AQB, or | ||||||
6 | courses approved by jurisdictions regulated by the Appraisal | ||||||
7 | Subcommittee
OBRE shall be used to meet the requirements of | ||||||
8 | this Act and rules.
| ||||||
9 | (b) An education provider licensed under this Act may | ||||||
10 | submit courses to the Department
OBRE
for approval.
The | ||||||
11 | criteria, requirements, and fees for courses shall be | ||||||
12 | established
by rule in accordance with
this Act, Title XI, and | ||||||
13 | the criteria established by the AQB.
| ||||||
14 | (c) For each course approved, the Department
OBRE shall | ||||||
15 | issue a license to the education
provider. The term, expiration | ||||||
16 | date, and renewal of a course approval shall
be
established by | ||||||
17 | rule.
| ||||||
18 | (d) An education provider must use an instructor for each | ||||||
19 | course approved by the Department who (i) holds a valid real | ||||||
20 | estate appraisal license in good standing as a State certified | ||||||
21 | general real estate appraiser or a State certified residential | ||||||
22 | real estate appraiser in Illinois or any other jurisdiction | ||||||
23 | regulated by the Appraisal Subcommittee, (ii) holds a valid | ||||||
24 | teaching certificate issued by the State of Illinois, (iii) is | ||||||
25 | a faculty member in good standing with an accredited college or |
| |||||||
| |||||||
1 | university or community college, (iv) is an approved appraisal | ||||||
2 | instructor from an appraisal organization that is a member of | ||||||
3 | the Appraisal Foundation, or (v) meets any other requirements | ||||||
4 | established by the Department by rule. | ||||||
5 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
6 | (225 ILCS 458/25-5)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
8 | Sec. 25-5. Appraisal Administration Fund; surcharge. The | ||||||
9 | Appraisal
Administration Fund is created as a special fund in | ||||||
10 | the State Treasury. All
fees, fines, and penalties received by | ||||||
11 | the Department
OBRE
under this Act shall be deposited into the | ||||||
12 | Appraisal Administration Fund.
All earnings attributable to | ||||||
13 | investment of funds in the Appraisal
Administration Fund shall | ||||||
14 | be credited to the Appraisal Administration
Fund. Subject to | ||||||
15 | appropriation, the
moneys in the Appraisal Administration Fund | ||||||
16 | shall be paid
to the Department
OBRE for the expenses incurred | ||||||
17 | by the Department
OBRE and the Board in the administration of | ||||||
18 | this Act. Moneys in the Appraisal Administration Fund may be | ||||||
19 | transferred to the Professions Indirect Cost Fund as authorized | ||||||
20 | under Section 2105-300 of the Department of Professional | ||||||
21 | Regulation Law of the Civil Administrative Code of Illinois.
| ||||||
22 | Upon the completion of any audit of the Department
OBRE , as | ||||||
23 | prescribed by the Illinois State
Auditing Act, which shall | ||||||
24 | include an audit of the Appraisal Administration
Fund, the | ||||||
25 | Department
OBRE
shall make the audit report open to inspection |
| |||||||
| |||||||
1 | by any interested person.
| ||||||
2 | (Source: P.A. 94-91, eff. 7-1-05.)
| ||||||
3 | (225 ILCS 458/25-10)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
5 | Sec. 25-10. Real Estate Appraisal Administration and | ||||||
6 | Disciplinary Board; appointment.
| ||||||
7 | (a) There is hereby created the Real Estate Appraisal | ||||||
8 | Administration and Disciplinary Board. The Board
shall be | ||||||
9 | composed of 10 persons appointed by the Governor, plus the | ||||||
10 | Coordinator
Director of
the Real Estate Appraisal Division. | ||||||
11 | Members shall be appointed to the Board
subject to the | ||||||
12 | following conditions:
| ||||||
13 | (1) All appointed members shall have been residents and | ||||||
14 | citizens of this
State for
at least 5 years prior
to the | ||||||
15 | date of appointment.
| ||||||
16 | (2) The appointed membership of the Board should | ||||||
17 | reasonably reflect the
geographic
distribution of the
| ||||||
18 | population of the State.
| ||||||
19 | (3) Four appointed members shall have been actively | ||||||
20 | engaged and currently
licensed as
State
certified general | ||||||
21 | real estate appraisers for a period of not less than 5
| ||||||
22 | years.
| ||||||
23 | (4)
Two appointed members shall have been actively | ||||||
24 | engaged and currently
licensed as
State
certified | ||||||
25 | residential real estate appraisers for a period of
not less |
| |||||||
| |||||||
1 | than 5 years.
| ||||||
2 | (5)
Two appointed members shall hold a valid license as | ||||||
3 | a
real estate
broker for at least 10 years prior to the | ||||||
4 | date of the appointment , one of whom
and shall hold a valid
| ||||||
5 | State certified general real estate appraiser license | ||||||
6 | issued under this Act or a predecessor Act for a period of | ||||||
7 | at
least 5 years prior to the appointment and one of whom | ||||||
8 | shall hold a valid State certified residential real estate | ||||||
9 | appraiser license issued under this Act or a predecessor | ||||||
10 | Act for a period of at
least 5 years prior to the | ||||||
11 | appointment .
| ||||||
12 | (6) One appointed member shall be a representative of a | ||||||
13 | financial
institution, as evidenced by his or her | ||||||
14 | employment with a financial
institution.
| ||||||
15 | (7) One appointed member shall represent the interests | ||||||
16 | of the general
public. This member or his or her spouse | ||||||
17 | shall not be licensed under this Act
nor be employed by or | ||||||
18 | have any interest in an appraisal business, real estate
| ||||||
19 | brokerage business, or a financial institution.
| ||||||
20 | In making appointments as
provided in paragraphs (3) and | ||||||
21 | (4) of this subsection, the Governor shall
give due | ||||||
22 | consideration to recommendations by members and organizations
| ||||||
23 | representing the profession
real estate appraisal industry .
| ||||||
24 | In making the appointments as
provided in paragraph (5) of | ||||||
25 | this subsection, the Governor shall give
due consideration to | ||||||
26 | the recommendations by members and organizations
representing |
| |||||||
| |||||||
1 | the real estate industry.
| ||||||
2 | In making the appointment as provided
in paragraph (6) of | ||||||
3 | this subsection, the Governor
shall give due consideration to | ||||||
4 | the recommendations by members and
organizations representing | ||||||
5 | financial institutions.
| ||||||
6 | (b) The term for members of the Board shall be 4 years , | ||||||
7 | except for the
initial appointees. Of the initial appointments, | ||||||
8 | 4 members shall
be appointed for terms ending June 30, 2006, 3 | ||||||
9 | members shall be appointed for
terms ending June 30, 2005, and | ||||||
10 | 3 members shall be appointed for terms
ending June 30, 2004 . No | ||||||
11 | member shall serve more than 10 years in a lifetime.
Those | ||||||
12 | persons serving on the Board pursuant to the Real Estate | ||||||
13 | Appraiser
Licensing Act shall become members of the new Board | ||||||
14 | on July 1, 2002 and
shall serve until
the Governor has made the | ||||||
15 | new appointments pursuant to this Act.
| ||||||
16 | (c) The Governor may terminate the appointment of a member | ||||||
17 | for cause that,
in
the opinion of the Governor, reasonably | ||||||
18 | justifies the termination. Cause for
termination may include, | ||||||
19 | without limitation, misconduct, incapacity, neglect of
duty, | ||||||
20 | or missing 4 Board meetings during any one calendar year.
| ||||||
21 | (d) A majority of the Board members currently appointed | ||||||
22 | shall constitute a
quorum. A vacancy in the membership of the | ||||||
23 | Board shall not impair the right of
a quorum to exercise all of | ||||||
24 | the rights and perform all of the duties of the
Board.
| ||||||
25 | (e) The Board shall meet at least quarterly and may be | ||||||
26 | convened
by the Chairperson, Co-Chairperson, or 3 members of |
| |||||||
| |||||||
1 | the Board upon 10 days
written notice.
| ||||||
2 | (f) The Board shall, annually at the first meeting of the | ||||||
3 | fiscal year,
elect a Chairperson and Vice-Chairperson from its
| ||||||
4 | members. The Chairperson shall preside over the meetings and | ||||||
5 | shall coordinate
with the Coordinator
Director
in developing | ||||||
6 | and distributing an agenda for each meeting. In the absence of
| ||||||
7 | the Chairperson, the Co-Chairperson shall preside over the | ||||||
8 | meeting.
| ||||||
9 | (g) The Coordinator
Director of the Real Estate Appraisal | ||||||
10 | Division shall serve as
a member of the Board without vote.
| ||||||
11 | (h) The Board shall advise and make recommendations to
the | ||||||
12 | Department
OBRE on the education and experience qualifications | ||||||
13 | of any applicant for initial licensure as a State certified | ||||||
14 | general real estate appraiser or a State certified residential | ||||||
15 | real estate appraiser. The Department shall not make any | ||||||
16 | decisions concerning education or experience qualifications of | ||||||
17 | an applicant for initial licensure as a State certified general | ||||||
18 | real estate appraiser or a State certified residential real | ||||||
19 | estate appraiser without having first received the advice and | ||||||
20 | recommendation of the Board and
matters of
licensing and | ||||||
21 | education.
OBRE shall give due consideration to all
such advice | ||||||
22 | and recommendations ; however, if the Board does not render | ||||||
23 | advice or make a recommendation within a reasonable amount of | ||||||
24 | time, as determined by rule of the Department, then the | ||||||
25 | Department may render a decision
presented by the Board .
| ||||||
26 | (i) Except as provided in Section 15-17 of this Act, the
|
| |||||||
| |||||||
1 | The Board shall hear and make recommendations to the
Secretary
| ||||||
2 | Commissioner on
disciplinary matters
that require a formal | ||||||
3 | evidentiary hearing. The Secretary
Commissioner shall give due
| ||||||
4 | consideration to the
recommendations of the Board involving | ||||||
5 | discipline and questions involving
standards of professional
| ||||||
6 | conduct of licensees.
| ||||||
7 | (j) The Department shall seek and the Board shall provide
| ||||||
8 | may make recommendations to the Department
OBRE consistent with | ||||||
9 | the
provisions
of this Act and for the administration and | ||||||
10 | enforcement of all
the rules adopted
pursuant to this Act. The | ||||||
11 | Department shall not adopt any rules relating to the | ||||||
12 | administration and enforcement of this Act without having first | ||||||
13 | received the recommendation of the Board and
OBRE
shall give | ||||||
14 | due consideration to
such
the recommendations of the Board
| ||||||
15 | prior to adopting rules ; however, if the Board does not make a | ||||||
16 | recommendation within a reasonable amount of time, as | ||||||
17 | determined by rule of the Department, then the Department may | ||||||
18 | adopt rules .
| ||||||
19 | (k) The Department shall seek and the Board shall provide
| ||||||
20 | make recommendations to the Department
OBRE on the approval of | ||||||
21 | all courses
submitted to the Department
OBRE
pursuant to this | ||||||
22 | Act and the rules adopted pursuant to this Act. The Department | ||||||
23 | shall not approve any courses without having first received the | ||||||
24 | recommendation of the Board and
OBRE shall
give due | ||||||
25 | consideration to such
the
recommendations of the Board
prior to | ||||||
26 | approving and licensing courses ; however, if the Board does not |
| |||||||
| |||||||
1 | make a recommendation within a reasonable amount of time, as | ||||||
2 | determined by rule of the Department, then the Department may | ||||||
3 | approve courses .
| ||||||
4 | (l) Each voting member of the Board shall receive a per | ||||||
5 | diem stipend in an
amount
to be determined by the Secretary
| ||||||
6 | Commissioner . Each member shall be paid his or her necessary | ||||||
7 | expenses while
engaged in the
performance of his or her duties.
| ||||||
8 | (m) Members of the Board shall be immune from suit in an | ||||||
9 | action based upon
any disciplinary
proceedings or other acts | ||||||
10 | performed in good faith as members of the Board.
| ||||||
11 | (n) If the Department disagrees with any advice or | ||||||
12 | recommendation provided by the Board under this Section to the | ||||||
13 | Secretary or the Department, then notice of such disagreement | ||||||
14 | must be provided to the Board by the Department.
| ||||||
15 | (o) Upon resolution adopted at any Board meeting, the | ||||||
16 | exercise of any Board function, power, or duty enumerated in | ||||||
17 | this Section or in subsection (d) of Section 15-10 of this Act | ||||||
18 | may be suspended. The exercise of any suspended function, | ||||||
19 | power, or duty of the Board may be reinstated by a resolution | ||||||
20 | adopted at a subsequent Board meeting. Any resolution adopted | ||||||
21 | pursuant to this Section shall take effect immediately.
| ||||||
22 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
23 | (225 ILCS 458/25-15)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
25 | Sec. 25-15. Coordinator
Director of the Real Estate |
| |||||||
| |||||||
1 | Appraisal Division ; appointment;
duties. The Secretary shall | ||||||
2 | appoint, subject to the Personnel Code, a Coordinator of Real | ||||||
3 | Estate Appraisal for a term of 4 years. In appointing the | ||||||
4 | Coordinator, the Secretary shall give due consideration to | ||||||
5 | recommendations made by members, organizations, and | ||||||
6 | associations of the real estate appraisal industry. On or after | ||||||
7 | January 1, 2009, the Coordinator must hold a current, valid | ||||||
8 | State certified general real estate license or a State | ||||||
9 | certified residential real estate license, which shall be | ||||||
10 | surrendered to the Department during the term of his or her | ||||||
11 | appointment. The Coordinator must take the 30-hour National | ||||||
12 | Instructors Course on Uniform Standards of Professional | ||||||
13 | Appraisal Practice. The Coordinator's license shall be | ||||||
14 | returned in the same status as it was on the date of surrender, | ||||||
15 | credited with all fees and continuing education requirements | ||||||
16 | that came due during his or her employment.
Commissioner shall | ||||||
17 | appoint a Director of the Real Estate Appraisal Division for
a | ||||||
18 | term of 4 years. The
Director shall hold a valid
State
| ||||||
19 | certified general real estate appraiser or
State
certified | ||||||
20 | residential
real estate appraiser license, which shall be | ||||||
21 | surrendered to OBRE during the
term of his or her
appointment.
| ||||||
22 | The Coordinator
Director of the Real Estate Appraisal Division
| ||||||
23 | shall:
| ||||||
24 | (1) serve as a member of the Real Estate Appraisal | ||||||
25 | Administration and Disciplinary Board without vote;
| ||||||
26 | (2) be the direct liaison between the Department
OBRE , |
| |||||||
| |||||||
1 | the profession, and the real
estate appraisal industry
| ||||||
2 | organizations and associations;
| ||||||
3 | (3) prepare and circulate to licensees such | ||||||
4 | educational and informational
material as the Department
| ||||||
5 | OBRE deems necessary for providing guidance or assistance | ||||||
6 | to licensees;
| ||||||
7 | (4) appoint necessary committees to assist in the | ||||||
8 | performance of the
functions and duties
of the Department
| ||||||
9 | OBRE under this Act; and
| ||||||
10 | (5) (blank).
subject to the administrative approval of | ||||||
11 | the Commissioner, supervise
the Real Estate
Appraisal | ||||||
12 | Division.
| ||||||
13 | In appointing the Director of the Real Estate Appraisal | ||||||
14 | Division, the
Commissioner shall give due
consideration to | ||||||
15 | members, organizations, and associations of the real estate
| ||||||
16 | appraisal industry.
| ||||||
17 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
18 | (225 ILCS 458/25-20)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
20 | Sec. 25-20. Department
OBRE ; powers and duties. The | ||||||
21 | Department of Financial and Professional Regulation
Office of | ||||||
22 | Banks and Real Estate
shall exercise the powers and duties | ||||||
23 | prescribed by the Civil Administrative
Code of Illinois for the | ||||||
24 | administration of licensing Acts and shall exercise
such other | ||||||
25 | powers and duties as are prescribed by this Act for the
|
| |||||||
| |||||||
1 | administration of this Act. The Department
OBRE may contract | ||||||
2 | with third parties for services
necessary for the proper
| ||||||
3 | administration of this Act, including without limitation, | ||||||
4 | investigators with
the proper knowledge, training,
and skills | ||||||
5 | to properly investigate complaints against real estate | ||||||
6 | appraisers. Any investigator who is employed by the Department, | ||||||
7 | contractually or otherwise, must be a State certified real | ||||||
8 | estate appraiser.
| ||||||
9 | The Department
OBRE shall maintain and update a registry of | ||||||
10 | the names and addresses of
all licensees and a listing of | ||||||
11 | disciplinary orders issued pursuant to this Act
and shall | ||||||
12 | transmit the registry, along with any national registry fees | ||||||
13 | that may
be required, to the entity specified by, and in a | ||||||
14 | manner consistent with, Title
XI of the federal Financial | ||||||
15 | Institutions Reform, Recovery and Enforcement Act
of 1989.
| ||||||
16 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
17 | (225 ILCS 458/25-25)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
19 | Sec. 25-25. Rules. The Department
OBRE , after considering | ||||||
20 | any recommendations of the
Board, shall adopt rules that may be | ||||||
21 | necessary for
administration, implementation, and enforcement | ||||||
22 | of the Act.
| ||||||
23 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||
24 | (225 ILCS 458/30-10)
|
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1 | (Section scheduled to be repealed on January 1, 2012)
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2 | Sec. 30-10. Appraisal Administration Fund.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (a) The Appraisal Administrative Fund, created under the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Real Estate License
Act of 1983 and continued under Section 40 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | of the Real Estate Appraiser
Licensing Act, is continued under | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | this Act. All fees collected under this Act
shall be deposited | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | into the Appraisal Administration Fund, created in the State
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Treasury under the Real Estate License Act of 1983.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (b) Appropriations
to the Department
OBRE from the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Appraisal Administration Fund for the purpose of
administering | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | the Real Estate Appraiser Licensing Act
may be used by the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Department
OBRE for the purpose of administering and enforcing | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | the
provisions of this Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | (Source: P.A. 92-180, eff. 7-1-02.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Section 99. Effective date. This Act takes effect January | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | 1, 2008.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||