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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||||||||||||||||||||
5 | Sections 4.20 and by adding Section 4.29 as follows:
| ||||||||||||||||||||||||
6 | (5 ILCS 80/4.20)
| ||||||||||||||||||||||||
7 | Sec. 4.20. Acts repealed on January 1, 2010. The following | ||||||||||||||||||||||||
8 | Acts are repealed on January 1, 2010:
| ||||||||||||||||||||||||
9 | The Auction License Act.
| ||||||||||||||||||||||||
10 | The Illinois Architecture Practice Act of 1989.
| ||||||||||||||||||||||||
11 | The Illinois Landscape Architecture Act of 1989.
| ||||||||||||||||||||||||
12 | The Illinois Professional Land Surveyor Act of 1989.
| ||||||||||||||||||||||||
13 | The Land Sales Registration Act of 1999.
| ||||||||||||||||||||||||
14 | The Orthotics, Prosthetics, and Pedorthics Practice Act.
| ||||||||||||||||||||||||
15 | The Perfusionist Practice Act.
| ||||||||||||||||||||||||
16 | The Professional Engineering Practice Act of 1989.
| ||||||||||||||||||||||||
17 | The Real Estate License Act of 2000.
| ||||||||||||||||||||||||
18 | The Structural Engineering Practice Act of 1989.
| ||||||||||||||||||||||||
19 | (Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132, | ||||||||||||||||||||||||
20 | eff. 7-16-99;
91-133, eff. 7-16-99; 91-245, eff. 12-31-99; | ||||||||||||||||||||||||
21 | 91-255, eff. 12-30-99; 91-338,
eff. 12-30-99; 91-580, eff. | ||||||||||||||||||||||||
22 | 1-1-00; 91-590, eff. 1-1-00; 91-603, eff. 1-1-00;
92-16, eff. | ||||||||||||||||||||||||
23 | 6-28-01.)
|
| |||||||
| |||||||
1 | (5 ILCS 80/4.29 new) | ||||||
2 | Sec. 4.29. Act repealed on January 1, 2019. The following | ||||||
3 | Act is repealed on January 1, 2019: | ||||||
4 | The Real Estate License Act of 2000.
| ||||||
5 | Section 10. The Real Estate License Act of 2000 is amended | ||||||
6 | by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20, 5-35, 5-40, | ||||||
7 | 5-45, 5-50, 5-60, 5-65, 5-70, 5-80, 5-85, 10-5, 15-65, 20-5, | ||||||
8 | 20-10, 20-20, 20-25, 20-30, 20-35, 20-40, 20-45, 20-50, 20-60, | ||||||
9 | 20-65, 20-75, 20-85, 20-90, 20-95, 20-100, 20-110, 20-115, | ||||||
10 | 25-5, 25-10, 25-13, 25-14, 25-15, 25-20, 25-25, 25-30, 25-35, | ||||||
11 | 25-37, 30-5, 30-10, 30-15, 30-25, and 35-5 and by adding | ||||||
12 | Sections 5-6, 5-7, 5-26, 5-27, 5-28, 5-41, 20-21 and 20-22 as | ||||||
13 | follows:
| ||||||
14 | (225 ILCS 454/1-10)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
16 | Sec. 1-10. Definitions. In this Act, unless the context | ||||||
17 | otherwise requires:
| ||||||
18 | "Act" means the Real Estate License Act of 2000.
| ||||||
19 | "Address of Record" shall be the designated address | ||||||
20 | recorded by the Department in the applicant's or licensee's | ||||||
21 | application file or license file as maintained by the | ||||||
22 | Department's licensure maintenance unit. It is the duty of the | ||||||
23 | applicant or licensee to inform the Department of any change of |
| |||||||
| |||||||
1 | address, and such changes must be made either through the | ||||||
2 | Department's website or by contacting the Department's | ||||||
3 | licensure maintenance unit.
| ||||||
4 | "Advisory Council" means the Real Estate Education | ||||||
5 | Advisory Council created
under Section 30-10 of this Act.
| ||||||
6 | "Agency" means a relationship in which a real estate broker | ||||||
7 | or licensee,
whether directly or through an affiliated | ||||||
8 | licensee, represents a consumer by
the consumer's consent, | ||||||
9 | whether express or implied, in a real property
transaction.
| ||||||
10 | "Applicant" means any person, as defined in this Section, | ||||||
11 | who applies to
the Department
OBRE for a valid license as a | ||||||
12 | real estate broker, real estate salesperson, or
leasing agent.
| ||||||
13 | "Blind advertisement" means any real estate advertisement | ||||||
14 | that does not
include the sponsoring broker's business name and | ||||||
15 | that is used by any licensee
regarding the sale or lease of | ||||||
16 | real estate, including his or her own, licensed
activities, or | ||||||
17 | the hiring of any licensee under this Act. The broker's
| ||||||
18 | business name in the case of a franchise shall include the | ||||||
19 | franchise
affiliation as well as the name of the individual | ||||||
20 | firm.
| ||||||
21 | "Board" means the Real Estate Administration and | ||||||
22 | Disciplinary Board of the Department
OBRE .
| ||||||
23 | "Branch office" means a sponsoring broker's office other | ||||||
24 | than the sponsoring
broker's principal office.
| ||||||
25 | "Broker" means an individual, partnership, limited | ||||||
26 | liability company,
corporation, or registered limited |
| |||||||
| |||||||
1 | liability partnership other than a real
estate salesperson or | ||||||
2 | leasing agent who , whether in person of through any media or | ||||||
3 | technology, for another and for compensation, or
with the | ||||||
4 | intention or expectation of receiving compensation, either
| ||||||
5 | directly or indirectly:
| ||||||
6 | (1) Sells, exchanges, purchases, rents, or leases real | ||||||
7 | estate.
| ||||||
8 | (2) Offers to sell, exchange, purchase, rent, or lease | ||||||
9 | real estate.
| ||||||
10 | (3) Negotiates, offers, attempts, or agrees to | ||||||
11 | negotiate the sale,
exchange, purchase, rental, or leasing | ||||||
12 | of real estate.
| ||||||
13 | (4) Lists, offers, attempts, or agrees to list real | ||||||
14 | estate for sale,
lease, or exchange.
| ||||||
15 | (5) Buys, sells, offers to buy or sell, or otherwise | ||||||
16 | deals in options on
real estate or improvements thereon.
| ||||||
17 | (6) Supervises the collection, offer, attempt, or | ||||||
18 | agreement
to collect rent for the use of real estate.
| ||||||
19 | (7) Advertises or represents himself or herself as | ||||||
20 | being engaged in the
business of buying, selling, | ||||||
21 | exchanging, renting, or leasing real estate.
| ||||||
22 | (8) Assists or directs in procuring or referring of | ||||||
23 | leads or prospects, intended to
result in the sale, | ||||||
24 | exchange, lease, or rental of real estate.
| ||||||
25 | (9) Assists or directs in the negotiation of any | ||||||
26 | transaction intended to
result in the sale, exchange, |
| |||||||
| |||||||
1 | lease, or rental of real estate.
| ||||||
2 | (10) Opens real estate to the public for marketing | ||||||
3 | purposes.
| ||||||
4 | (11) Sells, leases, or offers for sale or lease real | ||||||
5 | estate at
auction.
| ||||||
6 | "Brokerage agreement" means a written or oral agreement | ||||||
7 | between a sponsoring
broker and a consumer for licensed | ||||||
8 | activities to be provided to a consumer in
return for | ||||||
9 | compensation or the right to receive compensation from another.
| ||||||
10 | Brokerage agreements may constitute either a bilateral or a | ||||||
11 | unilateral
agreement between the broker and the broker's client | ||||||
12 | depending upon the content
of the brokerage agreement. All | ||||||
13 | exclusive brokerage agreements shall be in
writing.
| ||||||
14 | "Client" means a person who is being represented by a | ||||||
15 | licensee.
| ||||||
16 | "Commissioner" means the Commissioner of Banks and Real | ||||||
17 | Estate or a person
authorized by the Commissioner, the Office | ||||||
18 | of Banks and Real Estate Act, or
this Act to act in the | ||||||
19 | Commissioner's stead.
| ||||||
20 | "Compensation" means the valuable consideration given by | ||||||
21 | one person or entity
to another person or entity in exchange | ||||||
22 | for the performance of some activity or
service. Compensation | ||||||
23 | shall include the transfer of valuable consideration,
| ||||||
24 | including without limitation the following:
| ||||||
25 | (1) commissions;
| ||||||
26 | (2) referral fees;
|
| |||||||
| |||||||
1 | (3) bonuses;
| ||||||
2 | (4) prizes;
| ||||||
3 | (5) merchandise;
| ||||||
4 | (6) finder fees;
| ||||||
5 | (7) performance of services;
| ||||||
6 | (8) coupons or gift certificates;
| ||||||
7 | (9) discounts;
| ||||||
8 | (10) rebates;
| ||||||
9 | (11) a chance to win a raffle, drawing, lottery, or | ||||||
10 | similar game of chance
not prohibited by any other law or | ||||||
11 | statute;
| ||||||
12 | (12) retainer fee; or
| ||||||
13 | (13) salary.
| ||||||
14 | "Confidential information" means information obtained by a | ||||||
15 | licensee from a
client during the term of a brokerage agreement | ||||||
16 | that (i) was made confidential
by the written request or | ||||||
17 | written instruction of the client, (ii) deals with
the | ||||||
18 | negotiating position of the client, or (iii) is information the | ||||||
19 | disclosure
of which could materially harm the negotiating | ||||||
20 | position of the client, unless
at any time:
| ||||||
21 | (1) the client permits the disclosure of information | ||||||
22 | given by that client
by word or conduct;
| ||||||
23 | (2) the disclosure is required by law; or
| ||||||
24 | (3) the information becomes public from a source other | ||||||
25 | than the licensee.
| ||||||
26 | "Confidential information" shall not be considered to |
| |||||||
| |||||||
1 | include material
information about the physical condition of | ||||||
2 | the property.
| ||||||
3 | "Consumer" means a person or entity seeking or receiving | ||||||
4 | licensed
activities.
| ||||||
5 | "Continuing education school" means any person licensed by | ||||||
6 | the Department
OBRE as a school
for continuing education in | ||||||
7 | accordance with Section 30-15 of this Act.
| ||||||
8 | "Credit hour" means 50 minutes of classroom instruction in | ||||||
9 | course work that
meets the requirements set forth in rules | ||||||
10 | adopted by the Department
OBRE .
| ||||||
11 | "Customer" means a consumer who is not being represented by | ||||||
12 | the licensee but
for whom the licensee is performing | ||||||
13 | ministerial acts.
| ||||||
14 | "Designated agency" means a contractual relationship | ||||||
15 | between a sponsoring
broker and a client under Section 15-50 of | ||||||
16 | this Act in which one or more
licensees associated with or | ||||||
17 | employed by the broker are designated as agent of
the client.
| ||||||
18 | "Designated agent" means a sponsored licensee named by a | ||||||
19 | sponsoring broker as
the legal agent of a client, as provided | ||||||
20 | for in Section 15-50 of this Act.
| ||||||
21 | "Director" means the Director of the Real Estate Division, | ||||||
22 | OBRE.
| ||||||
23 | "Dual agency" means an agency relationship in which a | ||||||
24 | licensee is
representing both buyer and seller or both landlord | ||||||
25 | and tenant in the same
transaction. When the agency | ||||||
26 | relationship is a designated agency, the
question of whether |
| |||||||
| |||||||
1 | there is a dual agency shall be determined by the agency
| ||||||
2 | relationships of the designated agent of the parties and not of | ||||||
3 | the sponsoring
broker.
| ||||||
4 | "Employee" or other derivative of the word "employee", when | ||||||
5 | used to refer to,
describe, or delineate the relationship | ||||||
6 | between a real estate broker and a real
estate salesperson, | ||||||
7 | another real estate broker, or a leasing agent, shall be
| ||||||
8 | construed to include an independent contractor relationship, | ||||||
9 | provided that a
written agreement exists that clearly | ||||||
10 | establishes and states the relationship.
All responsibilities | ||||||
11 | of a broker shall remain.
| ||||||
12 | "Escrow moneys" means all moneys, promissory notes or any | ||||||
13 | other type or
manner of legal tender or financial consideration | ||||||
14 | deposited with any person for
the benefit of the parties to the | ||||||
15 | transaction. A transaction exists once an
agreement has been | ||||||
16 | reached and an accepted real estate contract signed or lease
| ||||||
17 | agreed to by the parties. Escrow moneys includes without | ||||||
18 | limitation earnest
moneys and security deposits, except those | ||||||
19 | security deposits in which the
person holding the security | ||||||
20 | deposit is also the sole owner of the property
being leased and | ||||||
21 | for which the security deposit is being held.
| ||||||
22 | "Exclusive brokerage agreement" means a written brokerage | ||||||
23 | agreement that provides that the sponsoring broker has the sole | ||||||
24 | right, through one or more sponsored licensees, to act as the | ||||||
25 | exclusive designated agent or representative of the client and | ||||||
26 | that meets the requirements of Section 15-75 of this Act.
|
| |||||||
| |||||||
1 | "Inoperative" means a status of licensure where the | ||||||
2 | licensee holds a current
license under this Act, but the | ||||||
3 | licensee is prohibited from engaging in
licensed activities | ||||||
4 | because the licensee is unsponsored or the license of the
| ||||||
5 | sponsoring broker with whom the licensee is associated or by | ||||||
6 | whom he or she is
employed is currently expired, revoked, | ||||||
7 | suspended, or otherwise rendered
invalid under this Act.
| ||||||
8 | "Leasing Agent" means a person who is employed by a real | ||||||
9 | estate broker to
engage in licensed activities limited to | ||||||
10 | leasing residential real estate who
has obtained a license as | ||||||
11 | provided for in Section 5-5 of this Act.
| ||||||
12 | "License" means the document issued by the Department
OBRE
| ||||||
13 | certifying that the person named
thereon has fulfilled all | ||||||
14 | requirements prerequisite to licensure under this
Act.
| ||||||
15 | "Licensed activities" means those activities listed in the | ||||||
16 | definition of
"broker" under this Section.
| ||||||
17 | "Licensee" means any person, as defined in this Section, | ||||||
18 | who holds a
valid unexpired license as a real estate broker, | ||||||
19 | real estate salesperson, or
leasing agent.
| ||||||
20 | "Listing presentation" means a communication between a | ||||||
21 | real estate broker or
salesperson and a consumer in which the | ||||||
22 | licensee is attempting to secure a
brokerage agreement with the | ||||||
23 | consumer to market the consumer's real estate for
sale or | ||||||
24 | lease.
| ||||||
25 | "Managing broker" means a broker who has supervisory | ||||||
26 | responsibilities for
licensees in one or, in the case of a |
| |||||||
| |||||||
1 | multi-office company, more than one
office and who has been | ||||||
2 | appointed as such by the sponsoring broker.
| ||||||
3 | "Medium of advertising" means any method of communication | ||||||
4 | intended to
influence the general public to use or purchase a | ||||||
5 | particular good or service or
real estate.
| ||||||
6 | "Ministerial acts" means those acts that a licensee may | ||||||
7 | perform for a
consumer that are informative or clerical in | ||||||
8 | nature and do not rise to the
level of active representation on | ||||||
9 | behalf of a consumer. Examples of these acts
include without | ||||||
10 | limitation (i) responding to phone inquiries by consumers as to
| ||||||
11 | the availability and pricing of brokerage services, (ii) | ||||||
12 | responding to phone
inquiries from a consumer concerning the | ||||||
13 | price or location of property, (iii)
attending an open house | ||||||
14 | and responding to questions about the property from a
consumer, | ||||||
15 | (iv) setting an appointment to view property, (v) responding to
| ||||||
16 | questions of consumers walking into a licensee's office | ||||||
17 | concerning brokerage
services offered or particular | ||||||
18 | properties, (vi) accompanying an appraiser,
inspector, | ||||||
19 | contractor, or similar third party on a visit to a property, | ||||||
20 | (vii)
describing a property or the property's condition in | ||||||
21 | response to a consumer's
inquiry, (viii) completing business or | ||||||
22 | factual information for a consumer on an
offer or contract to | ||||||
23 | purchase on behalf of a client, (ix) showing a client
through a | ||||||
24 | property being sold by an owner on his or her own behalf, or | ||||||
25 | (x)
referral to another broker or service provider.
| ||||||
26 | "OBRE" means the Office of Banks and Real Estate.
|
| |||||||
| |||||||
1 | "Office" means a real estate broker's place of business | ||||||
2 | where the general
public is invited to transact business and | ||||||
3 | where records may be maintained and
licenses displayed, whether | ||||||
4 | or not it is the broker's principal place of
business.
| ||||||
5 | "Person" means and includes individuals, entities, | ||||||
6 | corporations, limited
liability companies, registered limited | ||||||
7 | liability partnerships, and
partnerships, foreign or domestic, | ||||||
8 | except that when the context otherwise
requires, the term may | ||||||
9 | refer to a single individual or other described entity.
| ||||||
10 | "Personal assistant" means a licensed or unlicensed person | ||||||
11 | who has been hired
for the purpose of aiding or assisting a | ||||||
12 | sponsored licensee in the performance
of the sponsored | ||||||
13 | licensee's job.
| ||||||
14 | "Pocket card" means the card issued by the Department
OBRE
| ||||||
15 | to signify that the person named
on the card is currently | ||||||
16 | licensed under this Act.
| ||||||
17 | "Pre-license school" means a school licensed by the | ||||||
18 | Department
OBRE offering courses in
subjects related to real | ||||||
19 | estate transactions, including the subjects upon
which an | ||||||
20 | applicant is examined in determining fitness to receive a | ||||||
21 | license.
| ||||||
22 | "Pre-renewal period" means the period between the date of | ||||||
23 | issue of a
currently valid license and the license's expiration | ||||||
24 | date.
| ||||||
25 | "Proctor" means any person, including without limitation | ||||||
26 | an instructor, who has a written agreement to administer |
| |||||||
| |||||||
1 | examinations fairly and impartially with a licensed | ||||||
2 | pre-license school or a licensed continuing education school.
| ||||||
3 | "Real estate" means and includes leaseholds as well as any | ||||||
4 | other interest or
estate in land, whether corporeal, | ||||||
5 | incorporeal, freehold, or non-freehold,
including timeshare | ||||||
6 | interests, and whether the real estate is situated in this
| ||||||
7 | State or elsewhere.
| ||||||
8 | "Real Estate Administration and Disciplinary Board" or | ||||||
9 | "Board" means the
Real Estate Administration and Disciplinary | ||||||
10 | Board created by Section 25-10 of
this Act.
| ||||||
11 | "Salesperson" means any individual, other than a real | ||||||
12 | estate broker or
leasing agent, who is employed by a real | ||||||
13 | estate broker or is associated by
written agreement with a real | ||||||
14 | estate broker as an independent contractor and
participates in | ||||||
15 | any activity described in the definition of "broker" under this
| ||||||
16 | Section.
| ||||||
17 | "Secretary" means the Secretary of Financial and | ||||||
18 | Professional Regulation or a person authorized by the Secretary | ||||||
19 | to act in the Secretary's stead.
| ||||||
20 | "Sponsoring broker" means the broker who has issued a | ||||||
21 | sponsor card to a
licensed salesperson, another licensed | ||||||
22 | broker, or a leasing agent.
| ||||||
23 | "Sponsor card" means the temporary permit issued by the | ||||||
24 | sponsoring real
estate broker certifying that the real estate | ||||||
25 | broker, real estate salesperson,
or leasing agent named thereon | ||||||
26 | is employed by or associated by written
agreement with the |
| |||||||
| |||||||
1 | sponsoring real estate broker, as provided for in Section
5-40 | ||||||
2 | of this Act.
| ||||||
3 | (Source: P.A. 92-217, eff. 8-2-01; 93-957, eff. 8-19-04.)
| ||||||
4 | (225 ILCS 454/5-5)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
6 | Sec. 5-5. Leasing agent license.
| ||||||
7 | (a) The purpose of this Section is to provide for a limited | ||||||
8 | scope license to
enable persons who
wish to engage in | ||||||
9 | activities limited to the leasing of residential real
property | ||||||
10 | for which a license is
required under this Act, and only those | ||||||
11 | activities, to do so by obtaining the
license provided for
| ||||||
12 | under this Section.
| ||||||
13 | (b) Notwithstanding the other provisions of this Act, there | ||||||
14 | is hereby
created a leasing agent
license that shall enable the | ||||||
15 | licensee to engage only in residential leasing
activities for | ||||||
16 | which a
license is required under this Act. Such activities | ||||||
17 | include without
limitation leasing or renting
residential real | ||||||
18 | property, or attempting, offering, or negotiating to lease or
| ||||||
19 | rent residential real property, or
supervising the collection, | ||||||
20 | offer, attempt, or agreement to collect rent for
the use of
| ||||||
21 | residential real
property. Nothing in this
Section shall be | ||||||
22 | construed to require a licensed real estate broker or
| ||||||
23 | salesperson to obtain a leasing
agent license in order to | ||||||
24 | perform leasing activities for which a license is
required | ||||||
25 | under this Act.
Licensed leasing agents must be sponsored and |
| |||||||
| |||||||
1 | employed by a sponsoring broker.
| ||||||
2 | (c) The Department
OBRE , by rule, with the advice of the | ||||||
3 | Board, shall provide for the
licensing of leasing
agents, | ||||||
4 | including the issuance, renewal, and administration of | ||||||
5 | licenses.
| ||||||
6 | (d) Notwithstanding any other provisions of this Act to the | ||||||
7 | contrary, a
person may engage in
residential leasing activities | ||||||
8 | for which a license is required under this Act,
for a period of | ||||||
9 | 120
consecutive days without being licensed, so long as the | ||||||
10 | person is acting under
the supervision of a
licensed real | ||||||
11 | estate broker and the broker has notified the Department
OBRE
| ||||||
12 | that the person is
pursuing licensure
under this Section. | ||||||
13 | During the 120 day period all requirements of Sections
5-10
and | ||||||
14 | 5-65 of this Act
with respect to education, successful | ||||||
15 | completion of an examination, and the
payment of all required
| ||||||
16 | fees must be satisfied. The Department
OBRE may adopt rules to | ||||||
17 | ensure that the provisions of
this subsection are
not used in a | ||||||
18 | manner that enables an unlicensed person to repeatedly or
| ||||||
19 | continually engage in
activities for which a license is | ||||||
20 | required under this Act.
| ||||||
21 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
22 | (225 ILCS 454/5-6 new)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2010) | ||||||
24 | Sec. 5-6. Social Security Number or Tax Identification | ||||||
25 | Number on license application. In addition to any other |
| |||||||
| |||||||
1 | information required to be contained in the application, every | ||||||
2 | application for an original or renewal license under this Act | ||||||
3 | must include the applicant's Social Security Number or Tax | ||||||
4 | Identification Number. | ||||||
5 | (225 ILCS 454/5-7 new)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2010) | ||||||
7 | Sec. 5-7. Application for leasing agent license. Every | ||||||
8 | applicant for licensure as a leasing agent must apply to the | ||||||
9 | Department on forms provided by the Department and submit the | ||||||
10 | required fee, which shall be non-refundable. Application forms | ||||||
11 | shall require such information that, in the judgment of the | ||||||
12 | Department, shall enable the Department to pass on the | ||||||
13 | qualifications of the applicant.
| ||||||
14 | (225 ILCS 454/5-10)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
16 | Sec. 5-10. Requirements for leasing agent licensure.
| ||||||
17 | Application for leasing agent license.
| ||||||
18 | (a) Every applicant for licensure as a leasing agent must | ||||||
19 | meet each of the following qualifications:
| ||||||
20 | (1) He or she must be at least 18 years of age. | ||||||
21 | (2) He or she must be of good moral character. | ||||||
22 | (3) He or she must have successfully completed a 4-year | ||||||
23 | course of study in a high school or secondary school or an | ||||||
24 | equivalent course of study approved by the State Board of |
| |||||||
| |||||||
1 | Education. | ||||||
2 | (4) He or she must successfully complete a written | ||||||
3 | examination authorized by the Department sufficient to | ||||||
4 | demonstrate the applicant's knowledge of the provisions of | ||||||
5 | this Act relating to leasing agents and the applicant's | ||||||
6 | competence to engage in the activities of a licensed | ||||||
7 | leasing agent. | ||||||
8 | (5) He or she must successfully complete 15 hours of | ||||||
9 | instruction in an approved course of study relating to the | ||||||
10 | leasing of residential real property. The course of study | ||||||
11 | shall, among other topics, cover the provisions of this Act | ||||||
12 | applicable to leasing agents; fair housing issues relating | ||||||
13 | to residential leasing; advertising and marketing issues; | ||||||
14 | leases, applications, and credit reports; owner tenant | ||||||
15 | relationships and owner tenant laws; the handling of funds; | ||||||
16 | and environmental issues relating to residential real | ||||||
17 | property. | ||||||
18 | (6) He or she must complete any other requirements as | ||||||
19 | set forth by the Department by rule. | ||||||
20 | (b) Every valid application for initial licensure must be | ||||||
21 | accompanied by a sponsor card and the fees specified by rule. | ||||||
22 | No applicant may engage in any of the activities covered by | ||||||
23 | this Act until a valid sponsor card has been issued to such | ||||||
24 | applicant. The sponsor card shall be valid for a maximum period | ||||||
25 | of 45 days after the date of issuance unless extended for good | ||||||
26 | cause, as provided by rule. |
| |||||||
| |||||||
1 | (c) Course work that is completed successfully and pursuant | ||||||
2 | to the requirements of this Section, may be applied to the | ||||||
3 | course work requirements needed to obtain a real estate | ||||||
4 | broker's or salesperson's license, as provided by rule. The | ||||||
5 | Advisory Council may recommend through the Board to the | ||||||
6 | Department and the Department may adopt requirements for | ||||||
7 | approved courses, course content, and the approval of courses, | ||||||
8 | instructors, and schools, as well as school and instructor | ||||||
9 | fees. The Department may establish continuing education | ||||||
10 | requirements for licensed leasing agents by rule
Every person | ||||||
11 | who desires to obtain a leasing agent license shall apply to | ||||||
12 | OBRE
in writing on forms
provided by OBRE. In addition to any | ||||||
13 | other information required to be
contained in the
application, | ||||||
14 | every application for an original or renewed leasing agent | ||||||
15 | license
shall include the
applicant's Social Security number. | ||||||
16 | All application or license fees must
accompany the application.
| ||||||
17 | Each applicant must be at least 18 years of age, must be of | ||||||
18 | good moral
character, shall have successfully
completed a | ||||||
19 | 4-year course of study in a high school or secondary school or | ||||||
20 | an
equivalent course of
study approved by the Illinois State | ||||||
21 | Board of Education, and shall successfully
complete a written
| ||||||
22 | examination authorized by OBRE sufficient to demonstrate the | ||||||
23 | applicant's
knowledge of the
provisions of this Act relating to | ||||||
24 | leasing agents and the applicant's
competence to engage in the
| ||||||
25 | activities of a licensed leasing agent. Applicants must | ||||||
26 | successfully complete
15 hours of
instruction in an approved |
| |||||||
| |||||||
1 | course of study relating to the leasing of
residential real | ||||||
2 | property. The
course of study shall, among other topics, cover
| ||||||
3 | the provisions of this Act
applicable to leasing agents; fair | ||||||
4 | housing issues relating to residential
leasing; advertising | ||||||
5 | and marketing issues;
leases, applications, and credit | ||||||
6 | reports; owner-tenant relationships and
owner-tenant laws; the | ||||||
7 | handling of funds; and
environmental issues relating
to | ||||||
8 | residential real
property.
Successfully completed course work, | ||||||
9 | completed pursuant to the
requirements of this
Section, may be | ||||||
10 | applied to the course work requirements to obtain a real estate
| ||||||
11 | broker's or
salesperson's license as provided by rule. The | ||||||
12 | Advisory Council shall
recommend through the
Board to OBRE and | ||||||
13 | OBRE shall adopt requirements for approved courses, course
| ||||||
14 | content, and the
approval of courses, instructors, and schools, | ||||||
15 | as well as school and instructor
fees. OBRE may
establish | ||||||
16 | continuing education requirements for licensed leasing agents, | ||||||
17 | by
rule , with the advice of
the Advisory Council and Board.
| ||||||
18 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
19 | (225 ILCS 454/5-15)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
21 | Sec. 5-15. Necessity of broker, salesperson, or leasing | ||||||
22 | agent license
or sponsor card; ownership
restrictions.
| ||||||
23 | (a) It is unlawful for any person, corporation, limited | ||||||
24 | liability company,
registered limited liability partnership, | ||||||
25 | or partnership to act as
a real estate broker, real estate |
| |||||||
| |||||||
1 | salesperson, or leasing agent or to advertise
or assume to act | ||||||
2 | as such
broker, salesperson, or leasing agent without a | ||||||
3 | properly issued sponsor card or
a license issued
under this Act | ||||||
4 | by the Department
OBRE , either directly or through its | ||||||
5 | authorized designee.
| ||||||
6 | (b) No corporation shall be granted a license or engage in | ||||||
7 | the business or
capacity, either
directly or indirectly, of a | ||||||
8 | real estate broker, unless every officer of the
corporation who | ||||||
9 | actively
participates in the real estate activities of the | ||||||
10 | corporation holds a license
as a real estate broker
and unless | ||||||
11 | every employee who acts as a salesperson, or leasing agent for | ||||||
12 | the
corporation holds a
license as a real estate broker, | ||||||
13 | salesperson, or leasing agent.
| ||||||
14 | (c) No partnership shall be granted a license or engage in | ||||||
15 | the business or
serve in the capacity,
either directly or | ||||||
16 | indirectly, of a real estate broker, unless every general
| ||||||
17 | partner in the partnership
holds a license as a real estate | ||||||
18 | broker and unless every employee who acts as a
salesperson or
| ||||||
19 | leasing agent for the partnership holds a license as a real | ||||||
20 | estate broker,
salesperson, or leasing
agent. In the case of a | ||||||
21 | registered limited liability partnership (LLP), every
partner | ||||||
22 | in the LLP
must hold a license as a real estate broker and | ||||||
23 | every employee who acts as a
salesperson or leasing
agent must | ||||||
24 | hold a license as a real estate broker, salesperson, or leasing
| ||||||
25 | agent.
| ||||||
26 | (d) No limited liability company shall be granted a license |
| |||||||
| |||||||
1 | or engage in the
business or serve in
the capacity, either | ||||||
2 | directly or indirectly, of a real estate broker unless
every | ||||||
3 | manager in
the limited liability company holds a license as a | ||||||
4 | real estate broker and
unless every member and employee who
| ||||||
5 | acts as a salesperson or leasing agent for the limited | ||||||
6 | liability company holds
a license as a real
estate broker, | ||||||
7 | salesperson, or leasing agent.
| ||||||
8 | (e) No partnership, limited liability company, or | ||||||
9 | corporation shall be
licensed to conduct a
brokerage business | ||||||
10 | where an individual salesperson or leasing agent, or group
of
| ||||||
11 | salespersons
or leasing agents, owns or directly or indirectly | ||||||
12 | controls more than 49% of the
shares of stock or
other | ||||||
13 | ownership in the partnership, limited liability company, or | ||||||
14 | corporation.
| ||||||
15 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
16 | (225 ILCS 454/5-20)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
18 | Sec. 5-20. Exemptions from broker, salesperson, or leasing | ||||||
19 | agent license
requirement. The requirement for holding a | ||||||
20 | license under this Article 5 shall
not apply to:
| ||||||
21 | (1) Any person, partnership, or corporation that as owner | ||||||
22 | or lessor performs
any of the acts described in the definition | ||||||
23 | of "broker" under Section 1-10 of
this Act with reference to | ||||||
24 | property owned or leased by it, or to the regular
employees | ||||||
25 | thereof with respect to the property so owned or leased, where |
| |||||||
| |||||||
1 | such
acts are performed in the regular course of or as an | ||||||
2 | incident to the
management, sale, or other disposition of such | ||||||
3 | property and the investment
therein, provided that such regular | ||||||
4 | employees do not perform any of the acts
described in the | ||||||
5 | definition of "broker" under Section 1-10 of this Act in
| ||||||
6 | connection with a vocation of selling or leasing any real | ||||||
7 | estate or the
improvements thereon not so owned or leased.
| ||||||
8 | (2) An attorney in fact acting under a duly executed and | ||||||
9 | recorded power of
attorney to convey real estate from the owner | ||||||
10 | or lessor or the services
rendered by an attorney at law in the | ||||||
11 | performance of the attorney's duty as an
attorney at law.
| ||||||
12 | (3) Any person acting as receiver, trustee in bankruptcy, | ||||||
13 | administrator,
executor, or guardian or while acting under a | ||||||
14 | court order or under the
authority of a will or testamentary | ||||||
15 | trust.
| ||||||
16 | (4) Any person acting as a resident manager for the owner | ||||||
17 | or any employee
acting as the resident manager for a broker | ||||||
18 | managing an apartment building,
duplex, or apartment complex, | ||||||
19 | when the resident manager resides on the
premises, the premises | ||||||
20 | is his or her primary residence, and the resident
manager is | ||||||
21 | engaged in the leasing of the property of which he or she is | ||||||
22 | the
resident manager.
| ||||||
23 | (5) Any officer or employee of a federal agency in the | ||||||
24 | conduct of official
duties.
| ||||||
25 | (6) Any officer or employee of the State government or any | ||||||
26 | political
subdivision thereof performing official duties.
|
| |||||||
| |||||||
1 | (7) Any multiple listing service or other similar
| ||||||
2 | information exchange that is
engaged in the collection
and | ||||||
3 | dissemination of information concerning real estate available | ||||||
4 | for sale,
purchase, lease, or
exchange along with which no | ||||||
5 | other brokerage services, as described in the definition of | ||||||
6 | "broker" set forth in Section 1-10 of this Act,
licensed | ||||||
7 | activities are provided.
| ||||||
8 | (8) Railroads and other public utilities regulated by the | ||||||
9 | State of Illinois,
or the officers or full time employees | ||||||
10 | thereof, unless the performance of any
licensed activities is | ||||||
11 | in connection with the sale, purchase, lease, or other
| ||||||
12 | disposition of real estate or investment therein not needing | ||||||
13 | the approval of
the appropriate State regulatory authority.
| ||||||
14 | (9) Any medium of advertising in the routine course of | ||||||
15 | selling or publishing
advertising along with which no other | ||||||
16 | brokerage services, as described in the definition of "broker" | ||||||
17 | set forth in Section 1-10 of this Act,
licensed activities are | ||||||
18 | provided.
| ||||||
19 | (10) Any resident lessee of a residential dwelling unit who | ||||||
20 | refers for
compensation to the owner of the dwelling unit, or | ||||||
21 | to the owner's agent,
prospective lessees of dwelling units in | ||||||
22 | the same building or complex as the
resident lessee's unit, but | ||||||
23 | only if the resident lessee (i) refers no more than
3 | ||||||
24 | prospective lessees in any 12-month period, (ii) receives | ||||||
25 | compensation of no
more than $1,000 or the equivalent of one | ||||||
26 | month's rent, whichever is less, in
any 12-month period, and |
| |||||||
| |||||||
1 | (iii) limits his or her activities to referring
prospective | ||||||
2 | lessees to the owner, or the owner's agent, and does not show a
| ||||||
3 | residential dwelling unit to a prospective lessee, discuss | ||||||
4 | terms or conditions
of leasing a dwelling unit with a | ||||||
5 | prospective lessee, or otherwise participate
in the | ||||||
6 | negotiation of the leasing of a dwelling unit.
| ||||||
7 | (11) An exchange company registered under the Real Estate | ||||||
8 | Timeshare Act of
1999 and the regular employees of that | ||||||
9 | registered exchange company but only
when conducting an | ||||||
10 | exchange program as defined in that Act.
| ||||||
11 | (12) An existing timeshare owner who, for compensation, | ||||||
12 | refers prospective
purchasers, but only if the existing | ||||||
13 | timeshare owner (i) refers no more than 20
prospective | ||||||
14 | purchasers in any calendar year, (ii) receives no more than | ||||||
15 | $1,000,
or its equivalent, for referrals in any calendar year | ||||||
16 | and (iii) limits his or
her activities to referring prospective | ||||||
17 | purchasers of timeshare interests to
the developer or the | ||||||
18 | developer's employees or agents, and does not show,
discuss | ||||||
19 | terms or conditions of purchase or otherwise participate in
| ||||||
20 | negotiations with regard to timeshare interests.
| ||||||
21 | (13) Any person who is licensed without examination under
| ||||||
22 | Section 10-25 of the Auction License Act is exempt from holding | ||||||
23 | a broker's or
salesperson's license under this Act for the | ||||||
24 | limited purpose of selling or
leasing real estate at auction, | ||||||
25 | so long as:
| ||||||
26 | (A) that person has made application for said |
| |||||||
| |||||||
1 | exemption by July 1, 2000;
| ||||||
2 | (B) that person verifies to the Department
OBRE
| ||||||
3 | that he or she has sold real estate
at auction for a | ||||||
4 | period of 5 years prior to licensure as an auctioneer;
| ||||||
5 | (C) the person has had no lapse in his or her | ||||||
6 | license as an
auctioneer; and
| ||||||
7 | (D) the license issued under the Auction License | ||||||
8 | Act has not been
disciplined for violation of those | ||||||
9 | provisions of Article 20 of the Auction
License Act | ||||||
10 | dealing with or related to the sale or lease of real | ||||||
11 | estate at
auction.
| ||||||
12 | (14) A hotel operator who is registered with the Illinois | ||||||
13 | Department of
Revenue and pays taxes under the Hotel Operators' | ||||||
14 | Occupation Tax Act and rents
a room or rooms in a hotel as | ||||||
15 | defined in the Hotel Operators' Occupation Tax
Act for a period | ||||||
16 | of not more than 30 consecutive days and not more than 60 days
| ||||||
17 | in a calendar year.
| ||||||
18 | (Source: P.A. 91-245, eff. 12-31-99; 91-585, eff. 1-1-00; | ||||||
19 | 91-603, eff.
1-1-00; 92-16, eff. 6-28-01; 92-217, eff. 8-2-01.)
| ||||||
20 | (225 ILCS 454/5-26 new)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2010) | ||||||
22 | Sec. 5-26. Requirements for salesperson licensure. | ||||||
23 | (a) Every applicant for licensure as a salesperson must | ||||||
24 | meet each of the following qualifications:
| ||||||
25 | (1) He or she must be at least 21 years of age; |
| |||||||
| |||||||
1 | however, the minimum age of 21 years may be waived for any | ||||||
2 | person seeking a license as a real estate salesperson who | ||||||
3 | has attained the age of 18 and can provide evidence of the | ||||||
4 | successful completion of at least 4 semesters of post | ||||||
5 | secondary school study as a full-time student or the | ||||||
6 | equivalent, with major emphasis on real estate courses in a | ||||||
7 | school approved by the Department. | ||||||
8 | (2) He or she must be of good moral character. | ||||||
9 | (3) He or she must have successfully completed a 4 year | ||||||
10 | course of study in a high school or secondary school | ||||||
11 | approved by the State Board of Education or an equivalent | ||||||
12 | course of study, as determined by an examination conducted | ||||||
13 | by the State Board of Education and verified under oath by | ||||||
14 | the applicant. | ||||||
15 | (b) All applicants for licensure as a salesperson, except | ||||||
16 | for applicants who meet the criteria set forth in subsection | ||||||
17 | (c) of this Section must give satisfactory evidence of the | ||||||
18 | completion, prior to May 1, 2009, of at least 45 hours and, on | ||||||
19 | or after April 30, 2009, at least 90 hours of instruction in | ||||||
20 | real estate courses approved by the Advisory Council. | ||||||
21 | (c) The requirements set forth in subsection (b) of this | ||||||
22 | Section do not apply to applicants who are currently admitted | ||||||
23 | to practice law by the Supreme Court of Illinois and are | ||||||
24 | currently in active standing. | ||||||
25 | (d) A minimum of 15 of the required hours of pre-license | ||||||
26 | education must be in the areas of Article 15 of this Act, |
| |||||||
| |||||||
1 | disclosure and environmental issues, or any other currently | ||||||
2 | topical areas that are determined by the Advisory Council. In | ||||||
3 | addition, on or after April 30, 2009, 15 of the required hours | ||||||
4 | must be devoted to situational problems and case studies, which | ||||||
5 | hours must be classroom hours, as opposed to self-study or | ||||||
6 | distance learning. | ||||||
7 | (e) Every person who makes application for original | ||||||
8 | licensure under this Section must personally take and pass a | ||||||
9 | written examination authorized by the Department. | ||||||
10 | (f) Every valid application for initial salesperson | ||||||
11 | licensure must be accompanied by a sponsor card and the fees | ||||||
12 | specified by rule. No applicant may engage in any of the | ||||||
13 | activities covered by this Act until a valid sponsor card has | ||||||
14 | been issued to such applicant. The sponsor card shall be valid | ||||||
15 | for a maximum period of 45 days after the date of issuance, | ||||||
16 | unless extended for good cause as provided by rule. | ||||||
17 | (g) Each person licensed under this Section shall display | ||||||
18 | his or her license conspicuously in his or her place of | ||||||
19 | business.
| ||||||
20 | (225 ILCS 454/5-27 new)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2010) | ||||||
22 | Sec. 5-27. Requirements for broker licensure. | ||||||
23 | (a) Every applicant for licensure as a broker must meet | ||||||
24 | each of the following qualifications:
| ||||||
25 | (1) He or she must be at least 21 years of age; |
| |||||||
| |||||||
1 | however, the minimum age of 21 years shall be waived for | ||||||
2 | any person seeking a license as a real estate salesperson | ||||||
3 | who has attained the age of 18 and can provide evidence of | ||||||
4 | the successful completion of at least 4 semesters of post | ||||||
5 | secondary school study as a full-time student or the | ||||||
6 | equivalent, with major emphasis on real estate courses in a | ||||||
7 | school approved by the Department. | ||||||
8 | (2) He or she must be of good moral character. | ||||||
9 | (3) He or she must successfully complete a 4 year | ||||||
10 | course of study in a high school or secondary school | ||||||
11 | approved by the State Board of Education or an equivalent | ||||||
12 | course of study as determined by an examination conducted | ||||||
13 | by the State Board of Education and verified under oath by | ||||||
14 | the applicant. | ||||||
15 | (b) All applicants for licensure as a broker, except for | ||||||
16 | applicants who meet the criteria set forth in subsection (c) of | ||||||
17 | this Section shall give satisfactory evidence of the | ||||||
18 | completion, prior to May 1, 2009, of at least 120 classroom | ||||||
19 | hours, 45 of which shall be those hours required to obtain a | ||||||
20 | salesperson's license plus 15 hours in brokerage | ||||||
21 | administration courses, and on or after April 30, 2009, at | ||||||
22 | least 135 classroom hours, 90 of which shall be those hours | ||||||
23 | required to obtain a salesperson's license plus 15 hours in | ||||||
24 | brokerage administration courses, in real estate courses | ||||||
25 | approved by the Advisory Council. | ||||||
26 | (c) The requirements set forth in subsection (b) of this |
| |||||||
| |||||||
1 | Section do not apply to applicants who are currently admitted | ||||||
2 | to practice law by the Supreme Court of Illinois and are | ||||||
3 | currently in active standing. | ||||||
4 | (d) Every person who makes application for original | ||||||
5 | licensure under this Section must have been licensed and | ||||||
6 | engaged in licensed real estate brokerage activities in the | ||||||
7 | applicant's state of domicile for at least 2 years out of the 3 | ||||||
8 | years immediately preceding the date of application. | ||||||
9 | (e) Every person who makes application for original | ||||||
10 | licensure under this Section must personally take and pass a | ||||||
11 | written examination authorized by the Department. | ||||||
12 | (f) Every valid application for initial broker licensure | ||||||
13 | must be accompanied by a sponsor card and the fees specified by | ||||||
14 | rule. No applicant may engage in any of the activities covered | ||||||
15 | by this Act until a valid sponsor card has been issued to such | ||||||
16 | applicant. The sponsor card shall be valid for a maximum period | ||||||
17 | of 45 days after the date of issuance, unless extended for good | ||||||
18 | cause as provided by rule. | ||||||
19 | (g) Each person licensed under this Section shall display | ||||||
20 | his or her license conspicuously in his or her place of | ||||||
21 | business. | ||||||
22 | (225 ILCS 454/5-28 new)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2010) | ||||||
24 | Sec. 5-28. Good moral character. When an applicant (i) has | ||||||
25 | had his or her license revoked on a prior occasion or when an |
| |||||||
| |||||||
1 | applicant, (ii) is found to have committed any of the practices | ||||||
2 | enumerated in Section 20-20 of this Act, (iii) has been | ||||||
3 | convicted of forgery, embezzlement, obtaining money under | ||||||
4 | false pretenses, larceny, extortion, conspiracy to defraud, or | ||||||
5 | any other similar offense or offenses, or (iv) has been | ||||||
6 | convicted of a felony involving moral turpitude in any court of | ||||||
7 | competent jurisdiction in this or any other state, district, or | ||||||
8 | territory of the United States or of a foreign country, the | ||||||
9 | Board may consider the prior revocation, conduct, or conviction | ||||||
10 | in its determination of the applicant's moral character and | ||||||
11 | decision of whether or not to grant the applicant a license. In | ||||||
12 | its consideration of the prior revocation, conduct, or | ||||||
13 | conviction, the Board shall take into account the nature of the | ||||||
14 | conduct, any aggravating or extenuating circumstances, the | ||||||
15 | time elapsed since the revocation, conduct, or conviction, the | ||||||
16 | rehabilitation or restitution performed by the applicant, and | ||||||
17 | any other factors that the Board deems relevant. When an | ||||||
18 | applicant has made a false statement of material fact on his or | ||||||
19 | her application, the false statement may, in itself, be | ||||||
20 | sufficient grounds to revoke or refuse to issue a license.
| ||||||
21 | (225 ILCS 454/5-35)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
23 | Sec. 5-35. Examination; broker ,
or salesperson , and | ||||||
24 | leasing agent .
| ||||||
25 | (a) The Department shall authorize examinations at least |
| |||||||
| |||||||
1 | annually and at such time and place as it may designate. The | ||||||
2 | examination shall be of a character to give a fair test of the | ||||||
3 | qualifications of the applicant to practice as a real estate | ||||||
4 | salesperson, real estate broker, or leasing agent. | ||||||
5 | Applicants for examination as a real estate salesperson, | ||||||
6 | real estate broker, or leasing agent shall be required to pay, | ||||||
7 | either to the Department or the designated testing service, a | ||||||
8 | fee covering the cost of the provision of the examination. | ||||||
9 | Failure to appear for the examination on the scheduled date, at | ||||||
10 | the time and place specified, after the applicant's application | ||||||
11 | for examination has been received and acknowledged by the | ||||||
12 | Department or the designated testing service, shall result in | ||||||
13 | the forfeiture of the examination fee.
The Department may | ||||||
14 | employ consultants for the purposes of preparing and conducting | ||||||
15 | examinations.
Every person who makes application for an | ||||||
16 | original license as a broker
or salesperson shall
personally | ||||||
17 | take and pass a written examination authorized by OBRE and | ||||||
18 | answer
any questions that
may be required to determine the good | ||||||
19 | moral character of the applicant and the
applicant's
competency | ||||||
20 | to transact the business of broker or salesperson, as the case | ||||||
21 | may
be, in such a manner
as to safeguard the interests of the | ||||||
22 | public. In determining this competency,
OBRE shall require
| ||||||
23 | proof that the applicant has a good understanding and the | ||||||
24 | knowledge to conduct
real estate
brokerage and of the | ||||||
25 | provisions of this Act. The examination shall be prepared
by an | ||||||
26 | independent
testing service designated by OBRE, subject to the |
| |||||||
| |||||||
1 | approval of the examinations
by the Board. The
designated | ||||||
2 | independent testing service shall conduct the examinations at | ||||||
3 | such
times and places as
OBRE shall approve. In addition, every | ||||||
4 | person who desires to take the written
examination shall
make | ||||||
5 | application to do so to OBRE or to the designated independent | ||||||
6 | testing
service in writing upon
forms approved by OBRE. An | ||||||
7 | applicant shall be eligible to take the
examination only after
| ||||||
8 | successfully completing the education requirements, set forth | ||||||
9 | in this Article
Section 5-30
of this Act,
and
attaining the
| ||||||
10 | minimum age specified in this Act. Each applicant shall be | ||||||
11 | required to
establish compliance with
the eligibility | ||||||
12 | requirements in the manner provided by the rules
promulgated | ||||||
13 | for
the administration of this Act.
| ||||||
14 | (b) If a person who has received a passing score on the | ||||||
15 | written examination
described in this Section fails to file an | ||||||
16 | application and meet all
requirements for a license
under this | ||||||
17 | Act within
one year after receiving a passing score on the | ||||||
18 | examination, credit for the
examination shall
terminate. The | ||||||
19 | person thereafter may make a new application for examination.
| ||||||
20 | (c) If an applicant has failed an examination 3 times, the | ||||||
21 | applicant must
repeat the pre-license
education required to sit | ||||||
22 | for the examination. For the purposes of this
Section, the | ||||||
23 | fourth attempt
shall be the same as the first. Approved | ||||||
24 | education, as prescribed by this Act
for licensure as a
| ||||||
25 | salesperson or broker, shall be valid for
3 years after the | ||||||
26 | date of satisfactory completion of the education.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
2 | (225 ILCS 454/5-40)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
4 | Sec. 5-40. Sponsor card; termination indicated by license | ||||||
5 | endorsement;
association
with new broker.
| ||||||
6 | (a) The sponsoring broker shall prepare upon forms provided | ||||||
7 | by the Department
OBRE and
deliver to each
licensee employed by | ||||||
8 | or associated with the sponsoring broker a sponsor card
| ||||||
9 | certifying that the
person whose name appears thereon is in | ||||||
10 | fact employed by or associated with the
sponsoring
broker. The | ||||||
11 | sponsoring broker shall send , by certified mail, return receipt
| ||||||
12 | requested, or other delivery service
requiring a signature upon | ||||||
13 | delivery,
a duplicate of each sponsor card,
along with a valid
| ||||||
14 | license or other authorization as provided by rule and the | ||||||
15 | appropriate fee, to
the Department
OBRE within 24 hours
of | ||||||
16 | issuance of the sponsor card. It is a violation of this Act for | ||||||
17 | any broker
to issue a sponsor card to
any licensee or applicant | ||||||
18 | unless the licensee or applicant presents in hand a
valid | ||||||
19 | license or other
authorization as provided by rule.
| ||||||
20 | (b) When a licensee terminates his or her employment or | ||||||
21 | association with a
sponsoring broker
or the employment is | ||||||
22 | terminated by the sponsoring broker, the licensee shall
obtain | ||||||
23 | from the
sponsoring broker his or her license endorsed by the | ||||||
24 | sponsoring broker
indicating the
termination. The
sponsoring | ||||||
25 | broker shall surrender to the Department
OBRE a copy of the |
| |||||||
| |||||||
1 | license of the
licensee within 2 days of
the termination or | ||||||
2 | shall notify the Department
OBRE in writing of the termination | ||||||
3 | and
explain why a copy of
the license is not surrendered. | ||||||
4 | Failure of the sponsoring broker to surrender
the license shall
| ||||||
5 | subject the sponsoring broker to discipline under Section 20-20 | ||||||
6 | of this Act.
The
license of any licensee
whose association with | ||||||
7 | a sponsoring broker is terminated shall automatically
become | ||||||
8 | inoperative
immediately upon the termination unless the | ||||||
9 | licensee accepts employment or
becomes associated
with a new | ||||||
10 | sponsoring broker pursuant to subsection (c) of this Section.
| ||||||
11 | (c) When a licensee accepts employment or association with | ||||||
12 | a new sponsoring
broker, the new
sponsoring broker shall send , | ||||||
13 | by certified mail, return receipt requested, or
other delivery | ||||||
14 | service
requiring a signature upon delivery,
to the Department
| ||||||
15 | OBRE a duplicate sponsor card, along with the
licensee's | ||||||
16 | endorsed
license or an affidavit of the licensee of why the | ||||||
17 | endorsed license is not
surrendered, and shall pay
the | ||||||
18 | appropriate fee prescribed by rule to cover administrative | ||||||
19 | expenses
attendant to the changes in
the registration of the | ||||||
20 | licensee.
| ||||||
21 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
22 | (225 ILCS 454/5-41 new)
| ||||||
23 | Sec. 5-41. Change of address. A licensee shall, whenever | ||||||
24 | requested, exhibit his or her license to any representative of | ||||||
25 | the Department and shall notify the Department of the address |
| |||||||
| |||||||
1 | or addresses and of every change of address where the licensee | ||||||
2 | practices as a real estate broker, real estate salesperson, or | ||||||
3 | leasing agent.
| ||||||
4 | (225 ILCS 454/5-45)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
6 | Sec. 5-45. Offices.
| ||||||
7 | (a) If a sponsoring broker maintains more than one office | ||||||
8 | within the State,
the sponsoring
broker shall apply for a | ||||||
9 | branch office license for each office other than the
sponsoring | ||||||
10 | broker's
principal place of business. The branch office license | ||||||
11 | shall be displayed
conspicuously in each
branch office. The | ||||||
12 | name of each branch office shall be the same as that of the
| ||||||
13 | sponsoring broker's
principal office or shall clearly | ||||||
14 | delineate the branch office's relationship
with the principal | ||||||
15 | office.
| ||||||
16 | (b) The sponsoring broker shall name a managing broker for | ||||||
17 | each branch
office and the
sponsoring broker shall be | ||||||
18 | responsible for supervising all managing brokers.
The | ||||||
19 | sponsoring
broker shall notify the Department
OBRE in writing | ||||||
20 | of the name of all managing brokers of the
sponsoring broker.
| ||||||
21 | Any changes in managing brokers shall be reported to the | ||||||
22 | Department
OBRE in writing within 15
days of the
change. | ||||||
23 | Failure to do so shall subject the sponsoring broker to | ||||||
24 | discipline
under
Section 20-20 of this Act.
| ||||||
25 | (c) The sponsoring broker shall immediately notify the |
| |||||||
| |||||||
1 | Department
OBRE in writing of any
opening, closing, or
change | ||||||
2 | in location of any principal or branch office.
| ||||||
3 | (d) Except as provided in this Section, each sponsoring | ||||||
4 | broker shall
maintain a definite office,
or place of business | ||||||
5 | within this State for the transaction of real estate
business, | ||||||
6 | shall conspicuously
display an identification sign on the | ||||||
7 | outside of his or her office of adequate
size and visibility, | ||||||
8 | and
shall conspicuously display his or her license in his or | ||||||
9 | her office or place of
business and also the
licenses of all | ||||||
10 | persons associated with or employed by the sponsoring broker
| ||||||
11 | who primarily work at
that location. The office or place of | ||||||
12 | business shall not be located in any
retail or financial | ||||||
13 | business
establishment unless it is separated from the other | ||||||
14 | business by a separate and
distinct area within
the | ||||||
15 | establishment. A broker who is licensed in this State by | ||||||
16 | examination or
pursuant to the
provisions of Section 5-60 of | ||||||
17 | this Act shall not be required to maintain a
definite office or | ||||||
18 | place of
business in this State provided all of the following | ||||||
19 | conditions are met:
| ||||||
20 | (1) the broker maintains an
active broker's license in | ||||||
21 | the broker's state of domicile;
| ||||||
22 | (2) the broker
maintains an office in the
broker's | ||||||
23 | state of domicile; and
| ||||||
24 | (3) the broker has filed with the Department
OBRE
| ||||||
25 | written
statements appointing the
Commissioner to act as | ||||||
26 | the broker's agent upon whom all judicial and other
process |
| |||||||
| |||||||
1 | or legal notices
directed to the licensee may be served and | ||||||
2 | agreeing to abide by all of the
provisions of this Act
with | ||||||
3 | respect to his or her real estate activities within the | ||||||
4 | State of Illinois
and
submitting to the jurisdiction
of the | ||||||
5 | Department
OBRE .
| ||||||
6 | The statements under subdivision (3) of this Section shall | ||||||
7 | be in form and
substance the same as those
statements required
| ||||||
8 | under Section 5-60 of this Act and shall operate to the same | ||||||
9 | extent.
| ||||||
10 | (e) Upon the loss of a managing broker who is not replaced | ||||||
11 | by the sponsoring
broker or in the
event of the death or | ||||||
12 | adjudicated disability of the sole proprietor of an
office, a | ||||||
13 | written request for
authorization allowing the continued | ||||||
14 | operation of the office may be submitted
to the Department
OBRE
| ||||||
15 | within 15
days of the loss. The Department
OBRE may issue a | ||||||
16 | written authorization allowing the
continued operation,
| ||||||
17 | provided that a licensed broker, or in the case of the death or | ||||||
18 | adjudicated
disability of a sole
proprietor, the | ||||||
19 | representative of the estate, assumes responsibility, in
| ||||||
20 | writing, for the operation of
the office and agrees to | ||||||
21 | personally supervise the operation of the office. No
such | ||||||
22 | written
authorization shall be valid for more than 60 days | ||||||
23 | unless extended by the Department
OBRE for
good cause shown
and | ||||||
24 | upon written request by the broker or representative.
| ||||||
25 | (Source: P.A. 91-245, eff. 12-31-99.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/5-50)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 5-50. Expiration date and renewal period of broker, | ||||||
4 | salesperson, or
leasing agent license; sponsoring broker;
| ||||||
5 | register of licensees; pocket card. | ||||||
6 | (a) The expiration date and renewal period for each license | ||||||
7 | issued under
this Act shall be set by
rule. Except as otherwise | ||||||
8 | provided in Section 5-55 of this Act, the holder of
a
license | ||||||
9 | may renew
the license within 90 days preceding the expiration | ||||||
10 | date thereof by paying the
fees specified by
rule. Notice of | ||||||
11 | renewal for all sponsored licensees shall be sent to the | ||||||
12 | sponsoring broker at the sponsoring broker's address of record.
| ||||||
13 | Upon written request from the sponsoring broker, the Department
| ||||||
14 | OBRE shall prepare and
mail to the
sponsoring broker a listing | ||||||
15 | of licensees under this Act who, according to the
records of | ||||||
16 | the Department
OBRE , are
sponsored by that broker. Every | ||||||
17 | licensee associated with or employed by a
broker whose license | ||||||
18 | is
revoked, suspended, terminated, or expired shall be | ||||||
19 | considered as inoperative
until such time as the
sponsoring | ||||||
20 | broker's license is reinstated or renewed, or the licensee | ||||||
21 | changes
employment as set
forth in subsection (c) of Section | ||||||
22 | 5-40 of this Act.
| ||||||
23 | (b) The Department
OBRE shall establish and maintain a | ||||||
24 | register of all persons currently
licensed by the State
and | ||||||
25 | shall issue and prescribe a form of pocket card. Upon payment | ||||||
26 | by a
licensee of the appropriate
fee as prescribed by rule for |
| |||||||
| |||||||
1 | engagement in the activity for which the licensee
is qualified | ||||||
2 | and holds
a license for the current period, the Department
OBRE
| ||||||
3 | shall issue a pocket card to the
licensee. The pocket card
| ||||||
4 | shall be verification that the required fee for the current | ||||||
5 | period has been
paid and shall indicate that
the person named | ||||||
6 | thereon is licensed for the current renewal period as a
broker, | ||||||
7 | salesperson, or
leasing agent as the case may be. The pocket | ||||||
8 | card shall further indicate that
the person named
thereon is | ||||||
9 | authorized by the Department
OBRE to engage in the licensed | ||||||
10 | activity appropriate
for his or her status
(broker, | ||||||
11 | salesperson, or leasing agent). Each licensee shall carry on | ||||||
12 | his or
her person his or her
pocket card or, if such pocket | ||||||
13 | card has not yet been issued, a properly issued
sponsor card | ||||||
14 | when
engaging in any licensed activity and shall display the | ||||||
15 | same on demand.
| ||||||
16 | (c) Any person licensed as a broker shall be entitled at | ||||||
17 | any renewal date to change his or her license status from | ||||||
18 | broker to salesperson upon forms provided by the Department .
| ||||||
19 | (d) Any broker or salesperson whose license under this Act | ||||||
20 | has expired shall
be eligible to
renew the license for a period | ||||||
21 | of 2 years following the expiration date,
provided the broker | ||||||
22 | or
salesperson pays the fees as prescribed by rule and complete | ||||||
23 | continuing education and other requirements provided for under | ||||||
24 | the Act or by rule. A broker or salesperson whose
license has | ||||||
25 | been
expired for more than 2 years shall be required to meet | ||||||
26 | the requirements for a
new license.
|
| |||||||
| |||||||
1 | (e) Notwithstanding any other provisions of this Act to the | ||||||
2 | contrary, any
broker or salesperson
whose license under this | ||||||
3 | Act has expired is eligible to renew the license
without paying | ||||||
4 | any
lapsed renewal fees or reinstatement fee, provided that the | ||||||
5 | license expired
while the broker or
salesperson was: | ||||||
6 | (1) on active duty with the United States Army, United | ||||||
7 | States Navy, United
States Marine
Corps, United States Air | ||||||
8 | Force, United States Coast Guard, or the State Militia
| ||||||
9 | called into the service
or training of the United States; | ||||||
10 | (2) engaged in training or education under the | ||||||
11 | supervision of the United
States prior to
induction into | ||||||
12 | military service; or | ||||||
13 | (3) serving as the Director of Real Estate in the State | ||||||
14 | of Illinois or as
an employee of the Department. | ||||||
15 | A broker, salesperson, or leasing agent shall be eligible | ||||||
16 | to renew a license under the
provisions of this Section for
a | ||||||
17 | period of 2 years following the termination of the service, | ||||||
18 | education, or
training, provided that
the termination was by | ||||||
19 | other than dishonorable discharge and provided that the
| ||||||
20 | licensee furnishes the Department an affidavit specifying that | ||||||
21 | the broker or salesperson has been so engaged
and that the
| ||||||
22 | service, education, or training has been so terminated.
| ||||||
23 | (Source: P.A. 93-957, eff. 8-19-04.)
| ||||||
24 | (225 ILCS 454/5-60)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2010)
|
| |||||||
| |||||||
1 | Sec. 5-60. Broker licensed in another state; nonresident | ||||||
2 | salesperson;
reciprocal agreements; agent
for service
of | ||||||
3 | process.
| ||||||
4 | (a) A broker's license may be issued by the Department
OBRE
| ||||||
5 | to a broker licensed under the
laws of another
state of the | ||||||
6 | United States, under the following conditions:
| ||||||
7 | (1) the broker
holds a broker's license in
his or her | ||||||
8 | state of domicile;
| ||||||
9 | (2) the standards for that state for licensing as
a | ||||||
10 | broker are substantially
equivalent to or greater than the | ||||||
11 | minimum standards in the State of Illinois;
| ||||||
12 | (3) the broker has been
actively practicing as a broker | ||||||
13 | in the broker's state of domicile for a period
of not less | ||||||
14 | than 2 years,
immediately prior to the date of application;
| ||||||
15 | (4) the broker furnishes the Department
OBRE with a | ||||||
16 | statement under
seal of the proper licensing authority of | ||||||
17 | the state in which the broker is
licensed showing that the
| ||||||
18 | broker has an active broker's license, that the broker is | ||||||
19 | in good standing, and
that no
complaints are pending | ||||||
20 | against
the broker in that state;
| ||||||
21 | (5) the broker completes a course of education
and | ||||||
22 | passes a test on
Illinois specific real estate brokerage | ||||||
23 | laws; and
| ||||||
24 | (6) The Department
OBRE has a reciprocal agreement with | ||||||
25 | that state that includes the
provisions of this Section.
| ||||||
26 | (b) A nonresident salesperson employed by or associated |
| |||||||
| |||||||
1 | with a nonresident
broker holding a
broker's license in this | ||||||
2 | State pursuant to this Section may, in the discretion
of the | ||||||
3 | Department
OBRE , be issued a
nonresident salesperson's license | ||||||
4 | under the nonresident broker provided all of
the following
| ||||||
5 | conditions are met:
| ||||||
6 | (1) the salesperson maintains an active license in the | ||||||
7 | state in which he
or she is
domiciled;
| ||||||
8 | (2) the salesperson is domiciled in the same state as | ||||||
9 | the broker with whom
he or she is
associated;
| ||||||
10 | (3) the salesperson completes a course of education and | ||||||
11 | passes
a test on Illinois
specific real estate brokerage | ||||||
12 | laws; and
| ||||||
13 | (4) The Department
OBRE has a reciprocal agreement with | ||||||
14 | that state that includes the
provisions of this Section.
| ||||||
15 | The nonresident broker with whom the
salesperson is
| ||||||
16 | associated shall comply with the provisions of this Act and | ||||||
17 | issue the
salesperson a sponsor card
upon the form provided by | ||||||
18 | the Department
OBRE .
| ||||||
19 | (c) As a condition precedent to the issuance of a license | ||||||
20 | to a nonresident
broker or salesperson,
the broker or | ||||||
21 | salesperson shall agree in writing to abide by all the | ||||||
22 | provisions
of this Act with
respect to his or her real estate | ||||||
23 | activities within the State of Illinois and
submit to the | ||||||
24 | jurisdiction of
the Department
OBRE as provided in this Act. | ||||||
25 | The agreement shall be filed with the Department
OBRE and shall
| ||||||
26 | remain in force
for so long as the nonresident broker or |
| |||||||
| |||||||
1 | salesperson is licensed by this State
and thereafter with
| ||||||
2 | respect to acts or omissions committed while licensed as a | ||||||
3 | broker or
salesperson in this State.
| ||||||
4 | (d) Prior to the issuance of any license to any | ||||||
5 | nonresident, verification of
active licensure issued
for the | ||||||
6 | conduct of such business in any other state must be filed with | ||||||
7 | the Department
OBRE by
the nonresident,
and the same fees must | ||||||
8 | be paid as provided in this Act for the obtaining of a
broker's | ||||||
9 | or
salesperson's license in this State.
| ||||||
10 | (e) Licenses previously granted under reciprocal | ||||||
11 | agreements with other
states shall remain in
force so long as | ||||||
12 | the Department
OBRE has a reciprocal agreement with the state | ||||||
13 | that includes
the requirements of this Section, unless
that | ||||||
14 | license is suspended, revoked, or terminated by the Department
| ||||||
15 | OBRE for any reason
provided for
suspension, revocation, or
| ||||||
16 | termination of a resident licensee's license. Licenses granted | ||||||
17 | under
reciprocal agreements may be
renewed in the same manner | ||||||
18 | as a resident's license.
| ||||||
19 | (f) Prior to the issuance of a license to a nonresident | ||||||
20 | broker or
salesperson, the broker or
salesperson shall file | ||||||
21 | with the Department
OBRE a designation in writing that appoints | ||||||
22 | the
Commissioner to act as
his or her agent upon whom all | ||||||
23 | judicial and other process or legal notices
directed to the | ||||||
24 | broker or
salesperson may be served. Service upon the agent so | ||||||
25 | designated shall be
equivalent to personal
service upon the | ||||||
26 | licensee. Copies of the appointment, certified by the
|
| |||||||
| |||||||
1 | Commissioner, shall be
deemed sufficient evidence thereof and | ||||||
2 | shall be admitted in evidence with the
same force and effect
as | ||||||
3 | the original thereof might be admitted. In the written | ||||||
4 | designation, the
broker or salesperson
shall agree that any | ||||||
5 | lawful process against the licensee that is served upon
the | ||||||
6 | agent shall be of
the same legal force and validity as if | ||||||
7 | served upon the licensee and that the
authority shall continue
| ||||||
8 | in force so long as any liability remains outstanding in this | ||||||
9 | State. Upon the
receipt of any process or notice, the | ||||||
10 | Commissioner
shall forthwith mail a copy of the same by | ||||||
11 | certified mail to the last known
business address of the
| ||||||
12 | licensee.
| ||||||
13 | (g) Any person holding a valid license under this Section | ||||||
14 | shall be eligible
to obtain a resident
broker's or | ||||||
15 | salesperson's license without examination should that person | ||||||
16 | change
their state of
domicile to Illinois and that person | ||||||
17 | otherwise meets the qualifications or
licensure under this Act.
| ||||||
18 | (Source: P.A. 91-245, eff. 12-31-99; 91-702, eff. 5-12-00.)
| ||||||
19 | (225 ILCS 454/5-65)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
21 | Sec. 5-65. Fees. The Department
OBRE shall provide by rule | ||||||
22 | for fees to be paid by applicants and licensees to
cover the | ||||||
23 | reasonable
costs of the Department
OBRE in administering and | ||||||
24 | enforcing the provisions of this Act. The Department
OBRE
may | ||||||
25 | also provide
by rule for general fees to cover the reasonable |
| |||||||
| |||||||
1 | expenses of carrying out other
functions and
responsibilities | ||||||
2 | under this Act.
| ||||||
3 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
4 | (225 ILCS 454/5-70)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
6 | Sec. 5-70. Continuing education requirement; broker or | ||||||
7 | salesperson.
| ||||||
8 | (a) The requirements of this Section apply to all | ||||||
9 | licensees.
| ||||||
10 | (b) Except as otherwise
provided in this Section, each
| ||||||
11 | person who applies for renewal of his or her license as a real
| ||||||
12 | estate broker or real
estate salesperson must successfully | ||||||
13 | complete 30 hours of real estate continuing education
courses | ||||||
14 | approved by
the Advisory Council either during the renewal | ||||||
15 | period from May 1, 2009 through April 30, 2011, or during the | ||||||
16 | first renewal period during which they are required to take | ||||||
17 | continuing education and for each successive renewal period at | ||||||
18 | the rate of 6 hours per year or its equivalent. In addition, | ||||||
19 | beginning with the pre-renewal period for broker licensees that | ||||||
20 | begins after the effective date of this amendatory Act of the | ||||||
21 | 93rd General Assembly, to renew a real estate broker's license,
| ||||||
22 | Except as otherwise provided in this Section, each person who | ||||||
23 | applies for renewal of his or her license as a real estate | ||||||
24 | broker must successfully complete real estate continuing | ||||||
25 | education courses approved by the Advisory Council at the rate |
| |||||||
| |||||||
1 | of 6 hours per year or its equivalent and, in addition, the | ||||||
2 | licensee must successfully complete a 6-hour broker management | ||||||
3 | continuing education course approved by the Department
OBRE . | ||||||
4 | Successful completion of the course shall include achieving a | ||||||
5 | passing score as provided by rule on a test developed and | ||||||
6 | administered in accordance with rules adopted by the Department
| ||||||
7 | OBRE . Beginning on the first day of the pre-renewal period for | ||||||
8 | broker licensees that begins after the effective date of this | ||||||
9 | amendatory Act of the 93rd General Assembly, the 6-hour broker | ||||||
10 | management continuing education course must be completed by all | ||||||
11 | persons receiving their initial broker's license within 180 | ||||||
12 | days after the date of initial licensure as a broker. No
| ||||||
13 | license may be renewed
except upon the successful completion of | ||||||
14 | the required courses or their
equivalent or upon a waiver
of | ||||||
15 | those requirements for good cause shown as determined by the | ||||||
16 | Commissioner
with the
recommendation of the Advisory Council.
| ||||||
17 | The requirements of this Article are applicable to all brokers | ||||||
18 | and salespersons
except those brokers
and salespersons who, | ||||||
19 | during the pre-renewal period:
| ||||||
20 | (1) serve in the armed services of the United States;
| ||||||
21 | (2) serve as an elected State or federal official;
| ||||||
22 | (3) serve as a full-time employee of the Department
| ||||||
23 | OBRE ; or
| ||||||
24 | (4) are admitted to practice law pursuant to Illinois | ||||||
25 | Supreme Court rule.
| ||||||
26 | (c) A person who is issued an initial license as a real |
| |||||||
| |||||||
1 | estate salesperson
less than 90 days
one year prior
to the | ||||||
2 | expiration date of that license shall not be required to | ||||||
3 | complete
continuing education as a
condition of license | ||||||
4 | renewal. A person who is issued an initial license as a
real | ||||||
5 | estate broker less
than 90 days
one year prior to the | ||||||
6 | expiration date of that license and who has not been
licensed | ||||||
7 | as a real estate
salesperson during the pre-renewal period
| ||||||
8 | shall not be required to complete
the broker management
| ||||||
9 | continuing education as
a condition of license renewal. The | ||||||
10 | changes to this subsection made by this amendatory Act of the | ||||||
11 | 95th General Assembly apply on and after May 1, 2009.
A
person | ||||||
12 | receiving an initial license as a real estate broker
during the | ||||||
13 | 90 days before the broker renewal date shall not be
required to | ||||||
14 | complete the broker management continuing
education course | ||||||
15 | provided for in subsection (b) of this
Section as a condition | ||||||
16 | of initial license renewal.
| ||||||
17 | (d) The continuing education requirement for salespersons | ||||||
18 | and brokers shall
consist of a core
curriculum and an elective | ||||||
19 | curriculum, to be established by the Advisory
Council. In | ||||||
20 | meeting the
continuing education requirements of this Act, at | ||||||
21 | least 3 hours per year or
their equivalent shall
be required to | ||||||
22 | be completed in the core curriculum.
In establishing the core | ||||||
23 | curriculum, the Advisory Council shall consider
subjects that | ||||||
24 | will
educate licensees on recent changes in applicable laws and | ||||||
25 | new laws and refresh
the licensee on areas
of the license law | ||||||
26 | and the Department
OBRE policy that the Advisory Council deems |
| |||||||
| |||||||
1 | appropriate,
and any other
areas that the Advisory Council | ||||||
2 | deems timely and applicable in order to prevent
violations of | ||||||
3 | this Act
and to protect the public.
In establishing the | ||||||
4 | elective curriculum, the Advisory Council shall consider
| ||||||
5 | subjects that cover
the various aspects of the practice of real | ||||||
6 | estate that are covered under the
scope of this Act.
However, | ||||||
7 | the elective curriculum shall not include any offerings | ||||||
8 | referred to in
Section 5-85 of this Act.
| ||||||
9 | (e) The subject areas of continuing education courses | ||||||
10 | approved by the
Advisory Council may
include without limitation | ||||||
11 | the following:
| ||||||
12 | (1) license law and escrow;
| ||||||
13 | (2) antitrust;
| ||||||
14 | (3) fair housing;
| ||||||
15 | (4) agency;
| ||||||
16 | (5) appraisal;
| ||||||
17 | (6) property management;
| ||||||
18 | (7) residential brokerage;
| ||||||
19 | (8) farm property management;
| ||||||
20 | (9) rights and duties of sellers, buyers, and brokers;
| ||||||
21 | (10) commercial brokerage and leasing; and
| ||||||
22 | (11) real estate financing.
| ||||||
23 | (f) In lieu of credit for those courses listed in | ||||||
24 | subsection (e) of this
Section, credit may be
earned for | ||||||
25 | serving as a licensed instructor in an approved course of | ||||||
26 | continuing
education. The
amount of credit earned for teaching |
| |||||||
| |||||||
1 | a course shall be the amount of continuing
education credit for
| ||||||
2 | which the course is approved for licensees taking the course.
| ||||||
3 | (g) Credit hours may be earned for self-study programs | ||||||
4 | approved by the
Advisory Council.
| ||||||
5 | (h) A broker or salesperson may earn credit for a specific | ||||||
6 | continuing
education course only
once during the prerenewal | ||||||
7 | period.
| ||||||
8 | (i) No more than 6 hours of continuing education credit may | ||||||
9 | be earned in one
calendar day.
| ||||||
10 | (j) To promote the offering of a uniform and consistent | ||||||
11 | course content, the Department
OBRE may provide for the | ||||||
12 | development of a single broker management course to be offered | ||||||
13 | by all continuing education providers who choose to offer the | ||||||
14 | broker management continuing education course. The Department
| ||||||
15 | OBRE may contract for the development of the 6-hour broker | ||||||
16 | management continuing education course with an outside vendor | ||||||
17 | and, if the course is developed in this manner, the Department
| ||||||
18 | OBRE shall license the use of that course to all approved | ||||||
19 | continuing education providers who wish to provide the course.
| ||||||
20 | (k) Continuing education credit hours may not be earned for | ||||||
21 | completion of pre-license courses.
| ||||||
22 | (Source: P.A. 93-957, eff. 8-19-04.)
| ||||||
23 | (225 ILCS 454/5-80)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
25 | Sec. 5-80. Evidence of compliance with continuing |
| |||||||
| |||||||
1 | education requirements.
| ||||||
2 | (a) Each renewal applicant shall certify, on his or her | ||||||
3 | renewal application,
full compliance with
continuing education | ||||||
4 | requirements set forth in Section 5-70. The continuing
| ||||||
5 | education school shall
retain and submit to the Department
OBRE
| ||||||
6 | after the completion of each course evidence of those
| ||||||
7 | successfully
completing the course as provided by rule.
| ||||||
8 | (b) The Department
OBRE may require additional evidence | ||||||
9 | demonstrating compliance with the
continuing
education | ||||||
10 | requirements. The renewal applicant shall retain and produce | ||||||
11 | the
evidence of
compliance upon request of the Department
OBRE .
| ||||||
12 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
13 | (225 ILCS 454/5-85)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
15 | Sec. 5-85. Offerings not meeting continuing education | ||||||
16 | requirements. The following offerings do not meet the | ||||||
17 | continuing education requirements:
| ||||||
18 | (1) Examination preparation offerings, except as | ||||||
19 | provided in Section 5-70
of this Act.
| ||||||
20 | (2) Offerings in mechanical office and business skills | ||||||
21 | such as typing,
speed reading, memory
improvement, | ||||||
22 | advertising, or psychology of sales.
| ||||||
23 | (3) Sales promotion or other meetings held in | ||||||
24 | conjunction with the general
business of the
attendee or | ||||||
25 | his or her employer.
|
| |||||||
| |||||||
1 | (4) Meetings that are a normal part of in-house staff | ||||||
2 | or employee
training.
| ||||||
3 | The offerings listed in this Section do not limit the | ||||||
4 | Advisory Council's
authority to
disapprove any course
that | ||||||
5 | fails to meet the standards of this Article 5 or rules adopted | ||||||
6 | by the Department
OBRE .
| ||||||
7 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
8 | (225 ILCS 454/15-65)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
10 | Sec. 15-65. Regulatory enforcement. Nothing contained in | ||||||
11 | this Article limits the Department
OBRE in its regulation of | ||||||
12 | licensees
under other Articles of
this Act and the substantive | ||||||
13 | rules adopted by the Department
OBRE . The Department
OBRE , with | ||||||
14 | the advice of
the Board, is
authorized to promulgate any rules | ||||||
15 | that may be necessary for the implementation
and enforcement
of | ||||||
16 | this Article 15.
| ||||||
17 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
18 | (225 ILCS 454/20-5)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
20 | Sec. 20-5. Index of decisions. The Department
OBRE shall | ||||||
21 | maintain an index of formal decisions regarding the issuance,
| ||||||
22 | refusal to issue, renewal,
refusal to renew, revocation, and | ||||||
23 | suspension of licenses and probationary or
other disciplinary
| ||||||
24 | action taken under this Act on or after December 31, 1999. The |
| |||||||
| |||||||
1 | decisions shall
be
indexed according to the
Sections of | ||||||
2 | statutes and the administrative rules, if any, that are the | ||||||
3 | basis
for the decision. The
index shall be available to the | ||||||
4 | public during regular business hours.
| ||||||
5 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
6 | (225 ILCS 454/20-10)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
8 | Sec. 20-10. Unlicensed practice; civil penalty.
| ||||||
9 | (a) Any person who practices, offers to practice, attempts | ||||||
10 | to practice, or
holds oneself out to
practice as a real estate | ||||||
11 | broker, real estate salesperson, or leasing agent
without being | ||||||
12 | licensed under
this Act shall, in addition to any other penalty | ||||||
13 | provided by law, pay a civil
penalty
fine to the Department
| ||||||
14 | OBRE in an
amount not to exceed $25,000 for each offense as | ||||||
15 | determined by the Department
OBRE . The civil
penalty
fine shall | ||||||
16 | be
assessed by the Department
OBRE after a hearing is held in | ||||||
17 | accordance with the provisions set
forth in this Act
regarding | ||||||
18 | the provision of a hearing for the discipline of a license.
| ||||||
19 | (b) The Department
OBRE has the authority and power to | ||||||
20 | investigate any and all unlicensed
activity.
| ||||||
21 | (c) The civil penalty
fine shall be paid within 60 days | ||||||
22 | after the effective date of
the order imposing the
civil | ||||||
23 | penalty
fine . The order shall constitute a judgement and may be | ||||||
24 | filed and
execution had thereon in the
same manner from any | ||||||
25 | court of record.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
2 | (225 ILCS 454/20-20)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
4 | Sec. 20-20. Disciplinary actions; causes.
| ||||||
5 | (a) The Department
OBRE may refuse to issue or renew a | ||||||
6 | license, may place on probation, suspend,
or
revoke any
| ||||||
7 | license, or may censure, reprimand, or take any other | ||||||
8 | disciplinary or non-disciplinary action as the Department may | ||||||
9 | deem proper
otherwise discipline or impose a civil
fine not to | ||||||
10 | exceed
$25,000 upon any licensee
license issued under this Act | ||||||
11 | or against a licensee in handling his or her own property, | ||||||
12 | whether held by deed, option, or otherwise,
hereunder for any | ||||||
13 | one or any combination of the
following causes:
| ||||||
14 | (1) Fraud or misrepresentation in applying for, or | ||||||
15 | procuring, a license under this Act or in connection with | ||||||
16 | applying for renewal of a license under this Act.
(a) When | ||||||
17 | the applicant or licensee has, by false or fraudulent
| ||||||
18 | representation,
obtained or sought to obtain a license.
| ||||||
19 | (2) The conviction of, plea of guilty or plea of nolo | ||||||
20 | contendere to a felony; or a misdemeanor,
(b) When the | ||||||
21 | applicant or licensee has been convicted of any crime, an
| ||||||
22 | essential element of which is dishonesty or fraud or | ||||||
23 | larceny, embezzlement,
or obtaining money, property, or | ||||||
24 | credit by false pretenses or by means of a
confidence
game, | ||||||
25 | in
has been convicted in this or another state of a crime |
| |||||||
| |||||||
1 | that is a felony
under
the laws of this State, or any other | ||||||
2 | jurisdiction
has been convicted of a felony in a federal | ||||||
3 | court .
| ||||||
4 | (3) Mental illness or disability which results in the | ||||||
5 | inability to practice under this Act with reasonable skill, | ||||||
6 | judgment, or safety.
(c) When the applicant or licensee has | ||||||
7 | been adjudged to be a person under
legal
disability or | ||||||
8 | subject to involuntary admission or to meet the standard | ||||||
9 | for
judicial
admission as provided in the Mental Health and | ||||||
10 | Developmental Disabilities Code.
| ||||||
11 | (4) Practice under this Act
(d) When the licensee | ||||||
12 | performs or attempts to perform any act as a broker
or
| ||||||
13 | salesperson in a retail sales establishment from an office, | ||||||
14 | desk, or space that
is not
separated from the main retail | ||||||
15 | business by a separate and distinct area within
the
| ||||||
16 | establishment.
| ||||||
17 | (5) Disciplinary action of another state or | ||||||
18 | jurisdiction against the license or other authorization to | ||||||
19 | practice as a broker, salesperson, or leasing agent
(e) | ||||||
20 | Discipline of a licensee by another state, the District of | ||||||
21 | Columbia,
a territory,
a foreign nation, a governmental | ||||||
22 | agency, or any other entity authorized to
impose
discipline
| ||||||
23 | if at least one of the grounds for that discipline is the | ||||||
24 | same as or
the
equivalent of one of the grounds for | ||||||
25 | discipline set forth in this Act . A certified copy of the | ||||||
26 | record of the action by the other state or jurisdiction |
| |||||||
| |||||||
1 | shall be prima facie evidence thereof. , in which
case the
| ||||||
2 | only issue will be whether one of the grounds for that | ||||||
3 | discipline is the same
or
equivalent to one of the grounds | ||||||
4 | for discipline under this Act.
| ||||||
5 | (6) Engaging
(f) When the applicant or licensee has | ||||||
6 | engaged in the practice of real estate activity
without a
| ||||||
7 | license or after the licensee's license was expired or | ||||||
8 | while the license was
inoperative.
| ||||||
9 | (7) Cheating or attempting to subvert
(g) When the | ||||||
10 | applicant or licensee attempts to subvert or cheat on the | ||||||
11 | Real
Estate License Exam or continuing education exam . | ||||||
12 | (8) Aiding and abetting
or aids and abets an applicant
| ||||||
13 | to
subvert or cheat on the Real Estate License Exam or | ||||||
14 | continuing education exam
administered pursuant to this | ||||||
15 | Act. (h) When the licensee in performing, attempting to | ||||||
16 | perform, or pretending to
perform any act as a broker, | ||||||
17 | salesperson, or leasing agent or when the
licensee in
| ||||||
18 | handling his or her own property, whether held by deed, | ||||||
19 | option, or otherwise,
is
found
guilty of:
| ||||||
20 |
(9)
(1) Making any substantial misrepresentation or | ||||||
21 | untruthful advertising.
| ||||||
22 | (10)
(2) Making any false promises of a character | ||||||
23 | likely to influence,
persuade,
or induce.
| ||||||
24 | (11)
(3) Pursuing a continued and flagrant course of | ||||||
25 | misrepresentation or the
making
of false promises through | ||||||
26 | licensees, employees, agents, advertising, or
otherwise.
|
| |||||||
| |||||||
1 | (12) Misleading
(4) Any misleading or untruthful | ||||||
2 | advertising, or using any trade name or
insignia of | ||||||
3 | membership in any real estate organization of which the | ||||||
4 | licensee is
not a member.
| ||||||
5 | (13)
(5) Acting for more than one party in a | ||||||
6 | transaction without providing
written
notice to all | ||||||
7 | parties for whom the licensee acts.
| ||||||
8 | (14)
(6) Representing or attempting to represent a | ||||||
9 | broker other than the
sponsoring broker.
| ||||||
10 | (15)
(7) Failure to account for or to remit any moneys | ||||||
11 | or documents coming into
his or her possession that belong | ||||||
12 | to others.
| ||||||
13 | (16)
(8) Failure to maintain and deposit in a special | ||||||
14 | account, separate and
apart from
personal and other | ||||||
15 | business accounts, all escrow moneys belonging to others
| ||||||
16 | entrusted to a licensee
while acting as a real estate | ||||||
17 | broker, escrow agent, or temporary custodian of
the funds | ||||||
18 | of others or
failure to maintain all escrow moneys on | ||||||
19 | deposit in the account until the
transactions are
| ||||||
20 | consummated or terminated, except to the extent that the | ||||||
21 | moneys, or any part
thereof, shall be
disbursed prior to | ||||||
22 | the consummation or termination in accordance with (i) the
| ||||||
23 | written direction of
the principals to the transaction or | ||||||
24 | their duly authorized agents, (ii)
directions providing | ||||||
25 | for the
release, payment, or distribution of escrow moneys | ||||||
26 | contained in any written
contract signed by the
principals |
| |||||||
| |||||||
1 | to the transaction or their duly authorized agents,
or | ||||||
2 | (iii)
pursuant to an order of a court of competent
| ||||||
3 | jurisdiction.
The account
shall be noninterest
bearing, | ||||||
4 | unless the character of the deposit is such that payment of | ||||||
5 | interest
thereon is otherwise
required by law or unless the | ||||||
6 | principals to the transaction specifically
require, in | ||||||
7 | writing, that the
deposit be placed in an interest bearing | ||||||
8 | account.
| ||||||
9 | (17)
(9) Failure to make available to the real estate | ||||||
10 | enforcement personnel of
the Department
OBRE
during normal | ||||||
11 | business hours all escrow records and related documents
| ||||||
12 | maintained in connection
with the practice of real estate | ||||||
13 | within 24 hours of a request for those
documents by | ||||||
14 | Department
OBRE personnel.
| ||||||
15 | (18)
(10) Failing to furnish copies upon request of all | ||||||
16 | documents relating to a
real
estate transaction to all | ||||||
17 | parties executing them.
| ||||||
18 | (19)
(11) Failure of a sponsoring broker to timely | ||||||
19 | provide information, sponsor
cards,
or termination of | ||||||
20 | licenses to the Department
OBRE .
| ||||||
21 | (20)
(12) Engaging in dishonorable, unethical, or | ||||||
22 | unprofessional conduct of a
character
likely to deceive, | ||||||
23 | defraud, or harm the public.
| ||||||
24 | (21)
(13) Commingling the money or property of others | ||||||
25 | with his or her own money or property .
| ||||||
26 | (22)
(14) Employing any person on a purely temporary or |
| |||||||
| |||||||
1 | single deal basis as a
means
of evading the law regarding | ||||||
2 | payment of commission to nonlicensees on some
contemplated
| ||||||
3 | transactions.
| ||||||
4 | (23)
(15) Permitting the use of his or her license as a | ||||||
5 | broker to enable a
salesperson or
unlicensed person to | ||||||
6 | operate a real estate business without actual
| ||||||
7 | participation therein and control
thereof by the broker.
| ||||||
8 | (24)
(16) Any other conduct, whether of the same or a | ||||||
9 | different character from
that
specified in this Section, | ||||||
10 | that constitutes dishonest dealing.
| ||||||
11 | (25)
(17) Displaying a "for rent" or "for sale" sign on | ||||||
12 | any property without
the written
consent of an owner or his | ||||||
13 | or her duly authorized agent or advertising by any
means | ||||||
14 | that any property is
for sale or for rent without the | ||||||
15 | written consent of the owner or his or her
authorized | ||||||
16 | agent.
| ||||||
17 | (26) Failure
(18) Failing to provide information | ||||||
18 | requested by the Department
OBRE , within 30 days of
the
| ||||||
19 | request, either as the result of a formal or informal | ||||||
20 | complaint to the Department
OBRE or as a
result of a random
| ||||||
21 | audit conducted by the Department
OBRE , which would | ||||||
22 | indicate a violation of this Act.
| ||||||
23 | (27)
(19) Advertising by means of a blind | ||||||
24 | advertisement, except as otherwise
permitted in Section | ||||||
25 | 10-30 of this Act.
| ||||||
26 | (28)
(20) Offering guaranteed sales plans, as defined |
| |||||||
| |||||||
1 | in clause (A) of
this subdivision (28)
(20) , except to
the | ||||||
2 | extent hereinafter set forth:
| ||||||
3 | (A) A "guaranteed sales plan" is any real estate | ||||||
4 | purchase or sales plan
whereby a licensee enters into a | ||||||
5 | conditional or unconditional written contract
with a | ||||||
6 | seller by the
terms of which a licensee agrees to | ||||||
7 | purchase a property of the seller within a
specified | ||||||
8 | period of time
at a specific price in the event the | ||||||
9 | property is not sold in accordance with
the terms of a | ||||||
10 | listing
contract between the sponsoring broker and the | ||||||
11 | seller or on other terms
acceptable to the
seller.
| ||||||
12 | (B) A licensee offering a guaranteed sales plan | ||||||
13 | shall provide the
details
and conditions of the plan in | ||||||
14 | writing to the party to whom the plan is
offered.
| ||||||
15 | (C) A licensee offering a guaranteed sales plan | ||||||
16 | shall provide to the
party
to whom the plan is offered | ||||||
17 | evidence of sufficient financial resources to
satisfy | ||||||
18 | the commitment to
purchase undertaken by the broker in | ||||||
19 | the plan.
| ||||||
20 | (D) Any licensee offering a guaranteed sales plan | ||||||
21 | shall undertake to
market the property of the seller | ||||||
22 | subject to the plan in the same manner in
which the | ||||||
23 | broker would
market any other property, unless the | ||||||
24 | agreement with the seller provides
otherwise.
| ||||||
25 | (E) Any licensee who fails to perform on a | ||||||
26 | guaranteed sales plan in
strict accordance with its |
| |||||||
| |||||||
1 | terms shall be subject to all the penalties provided
in | ||||||
2 | this Act for
violations thereof and, in addition, shall | ||||||
3 | be subject to a civil fine payable
to the party injured | ||||||
4 | by the
default in an amount of up to $25,000.
| ||||||
5 | (29)
(21) Influencing or attempting to influence, by | ||||||
6 | any words or acts, a
prospective
seller, purchaser, | ||||||
7 | occupant, landlord, or tenant of real estate, in connection
| ||||||
8 | with viewing, buying, or
leasing real estate, so as to | ||||||
9 | promote or tend to promote the continuance
or maintenance | ||||||
10 | of
racially and religiously segregated housing or so as to | ||||||
11 | retard, obstruct, or
discourage racially
integrated | ||||||
12 | housing on or in any street, block, neighborhood, or | ||||||
13 | community.
| ||||||
14 | (30)
(22) Engaging in any act that constitutes a | ||||||
15 | violation of any provision of
Article 3 of the Illinois | ||||||
16 | Human Rights Act, whether or not a complaint has
been filed | ||||||
17 | with or
adjudicated by the Human Rights Commission.
| ||||||
18 | (31)
(23) Inducing any party to a contract of sale or | ||||||
19 | lease or brokerage
agreement to
break the contract of sale | ||||||
20 | or lease or brokerage agreement for the purpose of
| ||||||
21 | substituting, in lieu
thereof, a new contract for sale or | ||||||
22 | lease or brokerage agreement with a third
party.
| ||||||
23 | (32)
(24) Negotiating a sale, exchange, or lease of | ||||||
24 | real estate directly with
any person
if the licensee knows | ||||||
25 | that the person has a written exclusive brokerage
agreement | ||||||
26 | with another
broker, unless specifically authorized by |
| |||||||
| |||||||
1 | that broker.
| ||||||
2 | (33)
(25) When a licensee is also an attorney, acting | ||||||
3 | as the attorney for
either the
buyer or the seller in the | ||||||
4 | same transaction in which the licensee is acting or
has | ||||||
5 | acted as a broker
or salesperson.
| ||||||
6 | (34)
(26) Advertising or offering merchandise or | ||||||
7 | services as free if any
conditions or
obligations necessary | ||||||
8 | for receiving the merchandise or services are not
disclosed | ||||||
9 | in the same
advertisement or offer. These conditions or | ||||||
10 | obligations include without
limitation the
requirement | ||||||
11 | that the recipient attend a promotional activity or visit a | ||||||
12 | real
estate site. As used in this
subdivision (26), "free" | ||||||
13 | includes terms such as "award", "prize", "no charge",
"free | ||||||
14 | of charge",
"without charge", and similar words or phrases | ||||||
15 | that reasonably lead a person to
believe that he or she
may | ||||||
16 | receive or has been selected to receive something of value, | ||||||
17 | without any
conditions or
obligations on the part of the | ||||||
18 | recipient.
| ||||||
19 | (35)
(27) Disregarding or violating any provision of | ||||||
20 | the Land Sales
Registration Act of 1989, the Illinois Real | ||||||
21 | Estate
Time-Share Act, or the published rules promulgated | ||||||
22 | by the Department
OBRE to enforce
those Acts.
| ||||||
23 | (36)
(28) Violating the terms of a disciplinary order
| ||||||
24 | issued by the Department
OBRE .
| ||||||
25 | (37)
(29) Paying compensation in violation of Article | ||||||
26 | 10 of this Act.
|
| |||||||
| |||||||
1 | (38)
(30) Requiring a party to a transaction who is not | ||||||
2 | a client of the
licensee
to allow the licensee to retain a | ||||||
3 | portion of the escrow moneys for payment of
the licensee's | ||||||
4 | commission or expenses as a condition for release of the | ||||||
5 | escrow
moneys to that party.
| ||||||
6 | (39)
(31) Disregarding or violating any provision of | ||||||
7 | this Act or the published
rules
promulgated by the | ||||||
8 | Department
OBRE to enforce this Act or aiding or abetting | ||||||
9 | any individual,
partnership, registered limited liability | ||||||
10 | partnership, limited liability
company, or corporation in
| ||||||
11 | disregarding any provision of this Act or the published | ||||||
12 | rules promulgated by
the Department
OBRE
to enforce this | ||||||
13 | Act.
| ||||||
14 | (40)
(32) Failing to provide the minimum services | ||||||
15 | required by Section 15-75 of this Act when acting under an | ||||||
16 | exclusive brokerage agreement.
| ||||||
17 | (41) Habitual or excessive use of or addiction to | ||||||
18 | alcohol, narcotics, stimulants, or any other chemical | ||||||
19 | agent or drug that results in a real estate broker's, real | ||||||
20 | estate salesperson's, or leasing agent's inability to | ||||||
21 | practice with reasonable skill or safety. | ||||||
22 | (b) In enforcing this Section, the Department or Board, | ||||||
23 | upon a showing of a possible violation, may compel a licensee | ||||||
24 | or an applicant for licensure under this Act to submit to a | ||||||
25 | mental or physical examination, or both, as required by and at | ||||||
26 | the expense of the Department. The Department or Board may |
| |||||||
| |||||||
1 | order the examining physician to present testimony concerning | ||||||
2 | the mental or physical examination of the licensee or | ||||||
3 | applicant. No information shall be excluded by reason of any | ||||||
4 | common law or statutory privilege relating to communications | ||||||
5 | between the licensee or applicant and the examining physician. | ||||||
6 | The examining physician shall be specifically designated by the | ||||||
7 | Board or Department. The individual to be examined may have, at | ||||||
8 | his or her own expense, another physician of his or her choice | ||||||
9 | present during all aspects of this examination. Failure of an | ||||||
10 | individual to submit to a mental or physical examination when | ||||||
11 | directed shall be grounds for suspension of his or her license | ||||||
12 | until the individual submits to the examination if the | ||||||
13 | Department finds, after notice and hearing, that the refusal to | ||||||
14 | submit to the examination was without reasonable cause. | ||||||
15 | If the Department or Board finds an individual unable to | ||||||
16 | practice because of the reasons set forth in this subsection | ||||||
17 | (b), the Department or Board may require that individual to | ||||||
18 | submit to care, counseling, or treatment by physicians approved | ||||||
19 | or designated by the Department or Board as a condition, term, | ||||||
20 | or restriction for continued, reinstated, or renewed licensure | ||||||
21 | to practice; or, in lieu of care, counseling, or treatment, the | ||||||
22 | Department may file, or the Board may recommend to the | ||||||
23 | Department to file, a complaint to immediately suspend, revoke, | ||||||
24 | or otherwise discipline the license of the individual. An | ||||||
25 | individual whose license was granted, continued, reinstated, | ||||||
26 | renewed, disciplined, or supervised subject to such terms, |
| |||||||
| |||||||
1 | conditions, or restrictions, and who fails to comply with such | ||||||
2 | terms, conditions, or restrictions, shall be referred to the | ||||||
3 | Secretary for a determination as to whether the individual | ||||||
4 | shall have his or her license suspended immediately, pending a | ||||||
5 | hearing by the Department. | ||||||
6 | In instances in which the Secretary immediately suspends a | ||||||
7 | person's license under this subsection (b), a hearing on that | ||||||
8 | person's license must be convened by the Department within 30 | ||||||
9 | days after the suspension and completed without appreciable | ||||||
10 | delay. The Department and Board shall have the authority to | ||||||
11 | review the subject individual's record of treatment and | ||||||
12 | counseling regarding the impairment to the extent permitted by | ||||||
13 | applicable federal statutes and regulations safeguarding the | ||||||
14 | confidentiality of medical records. | ||||||
15 | An individual licensed under this Act and affected under | ||||||
16 | this subsection (b) shall be afforded an opportunity to | ||||||
17 | demonstrate to the Department or Board that he or she can | ||||||
18 | resume practice in compliance with acceptable and prevailing | ||||||
19 | standards under the provisions of his or her license.
| ||||||
20 | (Source: P.A. 93-957, eff. 8-19-04.)
| ||||||
21 | (225 ILCS 454/20-21 new)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2010) | ||||||
23 | Sec. 20-21. Injunctions; criminal offenses; cease and | ||||||
24 | desist order. | ||||||
25 | (a) If any person violates the provisions of this Act, the |
| |||||||
| |||||||
1 | Secretary may, in the name of the people of the State of | ||||||
2 | Illinois and through the Attorney General or the State's | ||||||
3 | Attorney for any county in which the action is brought, | ||||||
4 | petition for an order enjoining the violation or enforcing | ||||||
5 | compliance with this Act. Upon the filing of a verified | ||||||
6 | petition in court, the court may issue a temporary restraining | ||||||
7 | order, without notice or condition, and may preliminarily and | ||||||
8 | permanently enjoin the violation. If it is established that the | ||||||
9 | person has violated or is violating the injunction, the court | ||||||
10 | may punish the offender for contempt of court. Proceedings | ||||||
11 | under this Section shall be in addition to, and not in lieu of, | ||||||
12 | all other remedies and penalties provided by law. | ||||||
13 | (b) Whenever, in the opinion of the Department, a person | ||||||
14 | violates a provision of this Act, the Department may issue a | ||||||
15 | rule to show cause why an order to cease and desist should not | ||||||
16 | be entered against that person. The rule shall clearly set | ||||||
17 | forth the grounds relied upon by the Department and shall allow | ||||||
18 | at least 7 days after the date of the rule to file an answer to | ||||||
19 | the satisfaction of the Department. Failure to answer to the | ||||||
20 | satisfaction of the Department shall cause an order to cease | ||||||
21 | and desist to be issued immediately. | ||||||
22 | (c) Other than as provided in Section 5-20 of this Act, any | ||||||
23 | licensed real estate broker, real estate salesperson, leasing | ||||||
24 | agent, interested party, or person injured thereby may, in | ||||||
25 | addition to the Secretary, petition for relief as provided for | ||||||
26 | in subsection (a) of this Section against any person practicing |
| |||||||
| |||||||
1 | as or holding himself or herself out to be a licensed real | ||||||
2 | estate broker, real estate salesperson, or leasing agent who | ||||||
3 | does not possess a valid and existing license issued by the | ||||||
4 | Department under this Act. | ||||||
5 | (225 ILCS 454/20-22 new)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2010) | ||||||
7 | Sec. 20-22. Criminal violations. Any person who knowingly | ||||||
8 | practices or offers to practice as a real estate broker, real | ||||||
9 | estate salesperson, or leasing agent in this State without | ||||||
10 | being licensed for that purpose shall be guilty of a Class A | ||||||
11 | misdemeanor and for each subsequent conviction shall be guilty | ||||||
12 | of a Class 4 felony.
| ||||||
13 | (225 ILCS 454/20-25)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
15 | Sec. 20-25. Returned checks; fees. Any person who delivers | ||||||
16 | a check or other payment to the Department
OBRE that is | ||||||
17 | returned to
the Department
OBRE unpaid by
the financial | ||||||
18 | institution upon which it is drawn shall pay to the Department
| ||||||
19 | OBRE , in addition
to the amount
already owed to the Department
| ||||||
20 | OBRE , a fee of $50.
The Department
OBRE shall notify the person | ||||||
21 | that payment of fees and fines shall be paid to
the Department
| ||||||
22 | OBRE by certified
check or money order within 30 calendar days | ||||||
23 | of the notification. If, after
the expiration of 30 days
from | ||||||
24 | the date of the notification, the person has failed to submit |
| |||||||
| |||||||
1 | the
necessary remittance, the Department
OBRE
shall | ||||||
2 | automatically terminate the license or deny the application, | ||||||
3 | without hearing. If, after
termination or denial, the person | ||||||
4 | seeks a license, he or she shall apply to
the Department
OBRE
| ||||||
5 | for restoration or
issuance of the license and pay all fees and | ||||||
6 | fines due to the Department
OBRE . The Department
OBRE may
| ||||||
7 | establish a fee for the
processing of an application for | ||||||
8 | restoration of a license to pay all expenses
of processing this
| ||||||
9 | application. The Commissioner may waive the fees due under this | ||||||
10 | Section in
individual cases
where the Commissioner finds that | ||||||
11 | the fees would be unreasonable or
unnecessarily burdensome.
| ||||||
12 | (Source: P.A. 91-245, eff. 12-31-99; 92-146, eff. 1-1-02.)
| ||||||
13 | (225 ILCS 454/20-30)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
15 | Sec. 20-30. Standards of practice of leasing agents; | ||||||
16 | disciplinary
procedures.
The Department
OBRE may by rule, with | ||||||
17 | the advice of the Board, prescribe standards of practice
to be | ||||||
18 | followed by
licensed leasing agents. Standards of practice | ||||||
19 | shall include without
limitation acts or omissions
that leasing | ||||||
20 | agents are prohibited from engaging in, disciplinary | ||||||
21 | procedures,
and penalties for
violating provisions of this Act. | ||||||
22 | Disciplinary procedures shall conform with
disciplinary | ||||||
23 | procedures for licensed real estate brokers and salespersons.
| ||||||
24 | Complaints shall be heard
as provided for in this Act.
| ||||||
25 | (Source: P.A. 91-245, eff. 12-31-99.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/20-35)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 20-35. Violations of tax Acts. The Department
OBRE may | ||||||
4 | refuse to issue or renew or may suspend the license of any | ||||||
5 | person who
fails to file a
return, pay the tax, penalty, or | ||||||
6 | interest shown in a filed return, or
pay any final assessment | ||||||
7 | of
tax, penalty, or interest, as required by any tax Act | ||||||
8 | administered by the
Department of
Revenue, until such time as | ||||||
9 | the requirements of any such tax Act are satisfied.
| ||||||
10 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
11 | (225 ILCS 454/20-40)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 20-40. Disciplinary action for educational loan | ||||||
14 | defaults. The Department
OBRE shall deny a license or renewal | ||||||
15 | authorized by this Act to a person who
has defaulted on
an | ||||||
16 | educational loan or scholarship provided or guaranteed by the | ||||||
17 | Illinois
Student Assistance
Commission or any governmental | ||||||
18 | agency of this State; however, the Department
OBRE may issue a
| ||||||
19 | license or
renewal if the person has established a satisfactory | ||||||
20 | repayment record as
determined by the Illinois
Student | ||||||
21 | Assistance Commission or other appropriate governmental agency | ||||||
22 | of this
State.
Additionally, a license issued by the Department
| ||||||
23 | OBRE may be suspended or revoked if the
Commissioner, after
the | ||||||
24 | opportunity for a hearing under this Article, finds that the |
| |||||||
| |||||||
1 | licensee has
failed to make
satisfactory repayment to the | ||||||
2 | Illinois Student Assistance Commission for a
delinquent or | ||||||
3 | defaulted
loan.
| ||||||
4 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
5 | (225 ILCS 454/20-45)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
7 | Sec. 20-45. Nonpayment of child support. In cases in which | ||||||
8 | the Department of Healthcare and Family Services (formerly
| ||||||
9 | Department of Public Aid) has previously determined that a
| ||||||
10 | licensee or a
potential licensee is more than 30 days | ||||||
11 | delinquent in the payment of child
support and has
subsequently | ||||||
12 | certified the delinquency to the Department OBRE , the | ||||||
13 | Department OBRE may refuse to issue or
renew or may
revoke or | ||||||
14 | suspend that person's license or may take other disciplinary | ||||||
15 | action
against that person
based solely upon the certification | ||||||
16 | of delinquency made by the Department of Healthcare and Family | ||||||
17 | Services (formerly Department of
Public Aid).
Redetermination | ||||||
18 | of the delinquency by the Department OBRE shall not be | ||||||
19 | required. In cases
regarding the renewal
of a license, the | ||||||
20 | Department OBRE shall not renew any license if the Department | ||||||
21 | of Healthcare and Family Services (formerly Department of | ||||||
22 | Public Aid)
has certified the
licensee to be more than 30 days | ||||||
23 | delinquent in the payment of child support
unless the licensee | ||||||
24 | has
arranged for payment of past and current child support | ||||||
25 | obligations in a manner
satisfactory to the
Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services (formerly Department of Public | ||||||
2 | Aid). The Department OBRE may impose conditions, restrictions, | ||||||
3 | or
disciplinary action upon
that renewal.
| ||||||
4 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
5 | (225 ILCS 454/20-50)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
7 | Sec. 20-50. Illegal discrimination.
When there has been an | ||||||
8 | adjudication in a civil or criminal proceeding that a
licensee | ||||||
9 | has illegally
discriminated while engaged in any activity for | ||||||
10 | which a license is required
under this Act, the Department
| ||||||
11 | OBRE ,
upon the recommendation of the Board as to the extent of | ||||||
12 | the suspension or
revocation, shall
suspend or revoke the | ||||||
13 | license of that licensee in a timely manner, unless the
| ||||||
14 | adjudication is in the
appeal process. When there has been an | ||||||
15 | order in an administrative proceeding
finding that a
licensee | ||||||
16 | has illegally discriminated while engaged in any activity for | ||||||
17 | which a
license is required
under this Act, the Department
| ||||||
18 | OBRE , upon recommendation of the Board as to the nature and
| ||||||
19 | extent of the
discipline, shall take one or more of the | ||||||
20 | disciplinary actions provided for in
Section 20-20 of this Act | ||||||
21 | in a timely
manner, unless the administrative order is in the | ||||||
22 | appeal process.
| ||||||
23 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
24 | (225 ILCS 454/20-60)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
2 | Sec. 20-60. Hearing; investigation; notice; disciplinary | ||||||
3 | consent order.
| ||||||
4 | (a) The Department
OBRE may conduct hearings through the | ||||||
5 | Board or a duly appointed hearing
officer on
proceedings to | ||||||
6 | suspend, revoke, or to refuse to issue or renew licenses of
| ||||||
7 | persons applying for
licensure or licensed under this Act or to | ||||||
8 | censure, reprimand, or impose a
civil fine not to exceed
| ||||||
9 | $25,000 upon any licensee hereunder and may revoke, suspend, or | ||||||
10 | refuse to issue
or renew these
licenses or censure, reprimand, | ||||||
11 | or impose a civil fine not to exceed $25,000
upon any licensee
| ||||||
12 | hereunder.
| ||||||
13 | (b) Upon the motion of either the Department
OBRE or the | ||||||
14 | Board or upon the verified
complaint in writing of
any persons | ||||||
15 | setting forth facts that if proven would constitute grounds for
| ||||||
16 | suspension or
revocation under this Act, the Department
OBRE , | ||||||
17 | the Board, or its subcommittee shall cause to
be investigated | ||||||
18 | the
actions of any person so accused who holds a license or is | ||||||
19 | holding himself or
herself out to be a
licensee. This person is | ||||||
20 | hereinafter called the accused.
| ||||||
21 | (c) Prior to initiating any formal disciplinary | ||||||
22 | proceedings resulting from
an investigation
conducted pursuant | ||||||
23 | to subsection (b) of this Section, that matter shall be
| ||||||
24 | reviewed by a
subcommittee of the Board according to procedures | ||||||
25 | established by rule. The
subcommittee shall
make a | ||||||
26 | recommendation to the full Board as to the validity of the |
| |||||||
| |||||||
1 | complaint and
may recommend
that the Board not proceed with | ||||||
2 | formal disciplinary proceedings if the
complaint is determined | ||||||
3 | to
be frivolous or without merit.
| ||||||
4 | (d) Except as provided for in Section 20-65 of this Act, | ||||||
5 | the Department
OBRE shall, before
suspending, revoking, | ||||||
6 | placing on
probationary status, or taking any other | ||||||
7 | disciplinary action as the Department
OBRE may deem
proper with | ||||||
8 | regard
to any license:
| ||||||
9 | (1) notify the accused in writing at least 30 days | ||||||
10 | prior to the
date set for the hearing
of any charges made | ||||||
11 | and the time and place for the hearing of the charges to be
| ||||||
12 | heard before the
Board under oath; and
| ||||||
13 | (2) inform the accused that upon failure to file an | ||||||
14 | answer and request a
hearing before the date originally set | ||||||
15 | for the hearing, default will be taken
against the accused | ||||||
16 | and
his or her license may be suspended, revoked, or placed | ||||||
17 | on probationary status,
or
other disciplinary
action, | ||||||
18 | including limiting the scope, nature, or extent of the | ||||||
19 | accused's
practice, as the Department
OBRE may deem
proper, | ||||||
20 | may be taken with regard thereto.
| ||||||
21 | In case the person fails to file an
answer after receiving
| ||||||
22 | notice, his or her license may, in the discretion of the | ||||||
23 | Department
OBRE , be suspended,
revoked, or placed on
| ||||||
24 | probationary status, or the Department
OBRE may take whatever | ||||||
25 | disciplinary action deemed
proper, including
limiting the | ||||||
26 | scope, nature, or extent of the person's practice or the
|
| |||||||
| |||||||
1 | imposition of a fine, without a
hearing, if the act or acts | ||||||
2 | charged constitute sufficient grounds for such
action under | ||||||
3 | this Act.
| ||||||
4 | (e) At the time and place fixed in the notice, the Board | ||||||
5 | shall proceed to
hearing of the charges
and both the accused | ||||||
6 | person and the complainant shall be accorded ample
opportunity | ||||||
7 | to present in
person or by counsel such statements, testimony, | ||||||
8 | evidence and argument as may
be pertinent to the
charges or to | ||||||
9 | any defense thereto. The Board or its hearing officer may
| ||||||
10 | continue a hearing date
upon its own motion or upon an | ||||||
11 | accused's motion for one period not to exceed 30 days. The | ||||||
12 | Board
or its hearing officer may grant further continuances for | ||||||
13 | periods not to exceed 30 days only upon
good cause being shown | ||||||
14 | by the moving party. The non-moving party shall have the | ||||||
15 | opportunity to
object to a continuance on the record at a | ||||||
16 | hearing upon the motion to continue. All motions for
| ||||||
17 | continuances and any denial or grant thereof shall be in | ||||||
18 | writing. All motions shall be submitted not
later than 48 hours | ||||||
19 | before the scheduled hearing unless made upon an emergency
| ||||||
20 | basis. In
determining whether good cause for a continuance is | ||||||
21 | shown, the Board or its
hearing officer shall
consider such | ||||||
22 | factors as the volume of cases pending, the nature and | ||||||
23 | complexity
of legal issues
raised, the diligence of the party | ||||||
24 | making the request, the availability of
party's legal | ||||||
25 | representative
or witnesses, and the number of previous | ||||||
26 | requests for continuance.
|
| |||||||
| |||||||
1 | (f) Any unlawful act or violation of any of the provisions | ||||||
2 | of this Act upon
the part of any
licensees employed by a real | ||||||
3 | estate broker or associated by written agreement
with the real | ||||||
4 | estate
broker, or unlicensed employee of a licensed broker, | ||||||
5 | shall not be cause for
the revocation of the
license of any | ||||||
6 | such broker, partial or otherwise, unless it appears to the
| ||||||
7 | satisfaction of the Department
OBRE that
the broker had | ||||||
8 | knowledge thereof.
| ||||||
9 | (g) The Department
OBRE or the Board has power to subpoena | ||||||
10 | any persons or documents for the
purpose of
investigation or | ||||||
11 | hearing with the same fees and mileage and in the same manner
| ||||||
12 | as prescribed by
law for judicial procedure in civil cases in | ||||||
13 | courts of this State.
The Secretary or his or her designee or
| ||||||
14 | Commissioner, the Director, any member of the Board, a | ||||||
15 | certified court
reporter, or a hearing
officer shall each have | ||||||
16 | power to administer oaths to witnesses at any hearing
which the | ||||||
17 | Department
OBRE is
authorized under this Act to conduct.
| ||||||
18 | (h) Any circuit court or any judge thereof, upon the | ||||||
19 | application of the
accused person,
complainant, the Department
| ||||||
20 | OBRE , or the Board, may, by order entered, require the | ||||||
21 | attendance
of witnesses and the
production of relevant books | ||||||
22 | and papers before the Board in any hearing
relative to the | ||||||
23 | application
for or refusal, recall, suspension, or revocation | ||||||
24 | of a license, and the court
or judge may compel
obedience to | ||||||
25 | the court's or the judge's order by proceedings for contempt.
| ||||||
26 | (i) The Department
OBRE , at its expense, shall preserve a |
| |||||||
| |||||||
1 | record of all proceedings at the
formal hearing of any
case | ||||||
2 | involving the refusal to issue or the revocation, suspension, | ||||||
3 | or other
discipline of a licensee.
The notice of hearing, | ||||||
4 | complaint and all other documents in the nature of
pleadings | ||||||
5 | and written
motions filed in the proceedings, the transcript of | ||||||
6 | testimony, the report of
the Board, and the orders
of the | ||||||
7 | Department
OBRE shall be the record of the proceeding.
At all | ||||||
8 | hearings or pre-hearing conferences, the Department
OBRE and | ||||||
9 | the accused shall be
entitled to have a court
reporter in | ||||||
10 | attendance for purposes of transcribing the proceeding or
| ||||||
11 | pre-hearing conference at the
expense of the party requesting | ||||||
12 | the court reporter's attendance. A copy of the
transcribed
| ||||||
13 | proceeding shall be available to the other party for the cost | ||||||
14 | of a copy of the
transcript.
| ||||||
15 | (j) The Board shall present to the Secretary
Commissioner
| ||||||
16 | its written report of its
findings and
recommendations. A copy | ||||||
17 | of the report shall be served upon the accused, either
| ||||||
18 | personally or by
certified mail as provided in this Act for the | ||||||
19 | service of the citation. Within
20 days after the
service, the | ||||||
20 | accused may present to the Secretary
Commissioner a motion in | ||||||
21 | writing for a
rehearing that
shall specify the particular | ||||||
22 | grounds therefor. If the accused shall order and
pay for a | ||||||
23 | transcript of
the record as provided in this Act, the time | ||||||
24 | elapsing thereafter and before the
transcript is ready
for | ||||||
25 | delivery to the accused shall not be counted as part of the 20 | ||||||
26 | days.
Whenever the Secretary
Commissioner is satisfied that |
| |||||||
| |||||||
1 | substantial justice has not been
done, the
Secretary
| ||||||
2 | Commissioner may order a rehearing by the Board or other | ||||||
3 | special committee
appointed by the
Secretary
Commissioner or | ||||||
4 | may remand the matter to the Board for their reconsideration of | ||||||
5 | the matter based
on the pleadings and evidence presented to the | ||||||
6 | Board. In all instances, under this Act, in which the
Board has | ||||||
7 | rendered a recommendation to the Secretary
Commissioner with | ||||||
8 | respect to a particular licensee or
applicant, the Secretary
| ||||||
9 | Commissioner shall, in the event that he or she disagrees with
| ||||||
10 | or takes action contrary to the
recommendation of the Board, | ||||||
11 | file with the Board and the Secretary of State his
specific | ||||||
12 | written
reasons of disagreement with the Board. The reasons | ||||||
13 | shall be filed within 60
days of the Board's
recommendation to | ||||||
14 | the Secretary
Commissioner and prior to any contrary action. At | ||||||
15 | the
expiration of the
time specified for filing a motion for a | ||||||
16 | rehearing, the Secretary
Commissioner shall have
the right to | ||||||
17 | take the
action recommended by the Board. Upon the suspension | ||||||
18 | or revocation of a
license, the licensee
shall be required to | ||||||
19 | surrender his or her license to the Department
OBRE , and upon | ||||||
20 | failure or
refusal to do so, the Department
OBRE
shall have the | ||||||
21 | right to seize the license.
| ||||||
22 | (k) At any time after the suspension, temporary suspension, | ||||||
23 | or
revocation of any license, the Department
OBRE may
restore | ||||||
24 | it to the
accused without examination, upon the written | ||||||
25 | recommendation of the Board.
| ||||||
26 | (l) An order of revocation or suspension or a certified |
| |||||||
| |||||||
1 | copy thereof, over
the seal of OBRE and
purporting to be signed | ||||||
2 | by the Secretary
Commissioner , shall be prima facie proof that:
| ||||||
3 | (1) The signature is the genuine signature of the | ||||||
4 | Secretary
Commissioner .
| ||||||
5 | (2) The Secretary
Commissioner is duly appointed and | ||||||
6 | qualified.
| ||||||
7 | (3) The Board and the members thereof are qualified.
| ||||||
8 | Such proof may be
rebutted.
| ||||||
9 | (m) Notwithstanding any provisions concerning the conduct | ||||||
10 | of hearings and
recommendations
for disciplinary actions, the | ||||||
11 | Department
OBRE as directed by the Secretary
Commissioner has | ||||||
12 | the
authority to negotiate
agreements with licensees and | ||||||
13 | applicants resulting in disciplinary consent
orders. These | ||||||
14 | consent
orders may provide for any of the forms of discipline | ||||||
15 | provided in this Act.
These consent orders
shall provide that | ||||||
16 | they were not entered into as a result of any coercion by
the | ||||||
17 | Department
OBRE . Any such
consent order shall be filed with the | ||||||
18 | Secretary
Commissioner along with the Board's
recommendation | ||||||
19 | and
accepted or rejected by the Secretary
Commissioner within | ||||||
20 | 60 days of the Board's
recommendation.
| ||||||
21 | (Source: P.A. 91-245, eff. 12-31-99; 92-217, eff. 8-2-01.)
| ||||||
22 | (225 ILCS 454/20-65)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
24 | Sec. 20-65. Temporary suspension. The Secretary
| ||||||
25 | Commissioner may temporarily suspend the license of a licensee |
| |||||||
| |||||||
1 | without a
hearing,
simultaneously with the institution of | ||||||
2 | proceedings for a hearing provided for
in Section 20-60 of this
| ||||||
3 | Act, if the Secretary
Commissioner finds that the evidence | ||||||
4 | indicates that the public
interest, safety, or welfare
| ||||||
5 | imperatively requires emergency action. In the event that the | ||||||
6 | Secretary
Commissioner
temporarily suspends
the license | ||||||
7 | without a hearing before the Board, a hearing shall be held | ||||||
8 | within
30 days after the
suspension has occurred. The suspended | ||||||
9 | licensee may seek a continuance of the
hearing during
which the | ||||||
10 | suspension shall remain in effect. The proceeding shall be | ||||||
11 | concluded
without
appreciable delay.
| ||||||
12 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
13 | (225 ILCS 454/20-75)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
15 | Sec. 20-75. Administrative Review Law; certification fee;
| ||||||
16 | summary report of final disciplinary actions.
All final | ||||||
17 | administrative decisions of the Department
OBRE shall be | ||||||
18 | subject to judicial review
pursuant to the
provisions of the | ||||||
19 | Administrative Review Law and
the rules adopted pursuant | ||||||
20 | thereto. The term "administrative decision" is
defined in | ||||||
21 | Section 3-101
of the Administrative Review Law.
The Department
| ||||||
22 | OBRE shall not be required to certify any record or file any | ||||||
23 | answer or
otherwise appear unless the
party filing the | ||||||
24 | complaint pays to the Department
OBRE the certification fee | ||||||
25 | provided for by
rule representing costs
of the certification. |
| |||||||
| |||||||
1 | Failure on the part of the plaintiff to make such a
deposit | ||||||
2 | shall be grounds for
dismissal of the action.
The Department
| ||||||
3 | OBRE shall prepare from time to time, but in no event less | ||||||
4 | often than once
every other month, a
summary report of final | ||||||
5 | disciplinary actions taken since the previous summary
report. | ||||||
6 | The
summary report shall contain a brief description of the | ||||||
7 | action that brought
about the discipline
and the final | ||||||
8 | disciplinary action taken. The summary report shall be made
| ||||||
9 | available upon request.
| ||||||
10 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
11 | (225 ILCS 454/20-85)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 20-85. Recovery from Real Estate Recovery Fund. The | ||||||
14 | Department
OBRE shall maintain a Real Estate Recovery Fund from | ||||||
15 | which any person aggrieved
by an act,
representation, | ||||||
16 | transaction, or conduct of a licensee or unlicensed employee of
| ||||||
17 | a licensee that is
in violation of this Act or the rules | ||||||
18 | promulgated pursuant thereto,
constitutes
embezzlement of | ||||||
19 | money or property, or results in money or property being
| ||||||
20 | unlawfully obtained
from any person by false pretenses, | ||||||
21 | artifice, trickery, or forgery or by reason
of any fraud,
| ||||||
22 | misrepresentation, discrimination, or deceit by or on the part | ||||||
23 | of any such
licensee or the unlicensed
employee of a licensee | ||||||
24 | and that results in a loss of actual cash money, as
opposed to | ||||||
25 | losses in
market value, may recover. The aggrieved person may |
| |||||||
| |||||||
1 | recover, by order of the
circuit court of the
county where the | ||||||
2 | violation occurred, an amount of not more than $10,000 from
the | ||||||
3 | Fund for
damages sustained by the act, representation, | ||||||
4 | transaction, or conduct, together
with costs of suit and
| ||||||
5 | attorney's fees incurred in connection therewith of not to | ||||||
6 | exceed 15% of the
amount of the recovery
ordered paid from the | ||||||
7 | Fund. However, no licensed broker or salesperson may
recover | ||||||
8 | from the
Fund unless the court finds that the person suffered a | ||||||
9 | loss resulting from
intentional misconduct.
The court order | ||||||
10 | shall not include interest on the judgment.
The maximum | ||||||
11 | liability against the Fund arising out of any one act shall be | ||||||
12 | as
provided in this
Section, and the judgment order shall | ||||||
13 | spread the award equitably among all
co-owners or otherwise
| ||||||
14 | aggrieved persons, if any. The maximum liability against the | ||||||
15 | Fund arising out
of the activities of
any one licensee or one | ||||||
16 | unlicensed employee of a licensee, since January 1,
1974, shall | ||||||
17 | be $50,000.
Nothing in this Section shall be construed to | ||||||
18 | authorize recovery from the Fund
unless the loss of the | ||||||
19 | aggrieved person results from an act or omission of a
licensed | ||||||
20 | broker,
salesperson, or unlicensed employee who was at the time | ||||||
21 | of the act or omission
acting in such
capacity or was | ||||||
22 | apparently acting in such capacity and unless the aggrieved
| ||||||
23 | person has obtained a
valid judgment as provided in Section | ||||||
24 | 20-90 of this Act.
No person aggrieved by an act, | ||||||
25 | representation, or transaction that is in
violation of the | ||||||
26 | Illinois
Real Estate Time-Share Act or the Land Sales |
| |||||||
| |||||||
1 | Registration Act of 1989 may
recover from the
Fund.
| ||||||
2 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
3 | (225 ILCS 454/20-90)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
5 | Sec. 20-90. Collection from Real Estate Recovery Fund; | ||||||
6 | procedure.
| ||||||
7 | (a) No action for a judgment that subsequently results in | ||||||
8 | an order for
collection from the
Real Estate Recovery Fund | ||||||
9 | shall be started later than 2 years after the date on
which the | ||||||
10 | aggrieved
person knew, or through the use of reasonable | ||||||
11 | diligence should have known, of
the acts or
omissions giving | ||||||
12 | rise to a right of recovery from the Real Estate Recovery
Fund.
| ||||||
13 | (b) When any aggrieved person commences action for a | ||||||
14 | judgment that may
result in
collection from the Real Estate | ||||||
15 | Recovery Fund, the aggrieved person must name
as parties
| ||||||
16 | defendant to that action any and all individual real estate | ||||||
17 | brokers, real
estate salespersons, or their
employees who | ||||||
18 | allegedly committed or are responsible for acts or omissions
| ||||||
19 | giving rise to a right
of recovery from the Real Estate | ||||||
20 | Recovery Fund. Failure to name as parties
defendant such
| ||||||
21 | individual brokers, salespersons, or their employees shall | ||||||
22 | preclude recovery
from the Real Estate
Recovery Fund of any | ||||||
23 | portion of any judgment received in such an action. The
| ||||||
24 | aggrieved party
may also name as additional parties defendant | ||||||
25 | any corporations, limited
liability companies,
partnerships, |
| |||||||
| |||||||
1 | registered limited liability partnership, or other business
| ||||||
2 | associations that may be
responsible for acts giving rise to a | ||||||
3 | right of recovery from the Real Estate
Recovery Fund.
| ||||||
4 | (c) When any aggrieved person commences action for a | ||||||
5 | judgment that may
result in
collection from the Real Estate | ||||||
6 | Recovery Fund, the aggrieved person must notify
the Department
| ||||||
7 | OBRE in writing
to this effect within 7 days of the | ||||||
8 | commencement of the action.
Failure to so notify
the Department
| ||||||
9 | OBRE shall preclude recovery from the Real Estate Recovery Fund | ||||||
10 | of any portion
of any judgment
received in such an action. | ||||||
11 | After receiving notice of the commencement of such
an action, | ||||||
12 | the Department
OBRE
upon timely application shall be permitted | ||||||
13 | to intervene as a party defendant to
that action.
| ||||||
14 | (d) When any aggrieved person commences action for a | ||||||
15 | judgment that may
result in
collection from the Real Estate | ||||||
16 | Recovery Fund, and the aggrieved person is unable to obtain | ||||||
17 | legal
and proper service upon the defendant under the | ||||||
18 | provisions of Illinois law concerning service of
process in | ||||||
19 | civil actions, the aggrieved person may petition the court | ||||||
20 | where the action to obtain
judgment was begun for an order to | ||||||
21 | allow service of legal process on the Commissioner. Service of
| ||||||
22 | process on the Commissioner shall be taken and held in that | ||||||
23 | court to be as valid and binding as if
due service had been | ||||||
24 | made upon the defendant. In case any process mentioned in this | ||||||
25 | Section is
served upon the Commissioner, the Commissioner shall | ||||||
26 | forward a copy of the
process by certified
mail to the |
| |||||||
| |||||||
1 | licensee's last address on record with the Department
OBRE . Any | ||||||
2 | judgment obtained
after service of
process on the Commissioner | ||||||
3 | under this Act shall apply to and be enforceable
against the | ||||||
4 | Real
Estate Recovery Fund only. The Department
OBRE may | ||||||
5 | intervene in and defend any such action.
| ||||||
6 | (e) When an aggrieved party commences action for a judgment | ||||||
7 | that may result
in collection
from the Real Estate Recovery | ||||||
8 | Fund, and the court before which that action is
commenced | ||||||
9 | enters
judgment by default against the defendant and in favor | ||||||
10 | of the aggrieved party,
the court shall upon
motion of the | ||||||
11 | Department
OBRE set aside that judgment by default. After such | ||||||
12 | a judgment by
default has been set
aside, the Department
OBRE
| ||||||
13 | shall appear as party defendant to that action, and thereafter | ||||||
14 | the
court shall require
proof of the allegations in the | ||||||
15 | pleadings upon which relief is sought.
| ||||||
16 | (f) The aggrieved person shall give written notice to the | ||||||
17 | Department
OBRE within 30 days of
the entry of any
judgment | ||||||
18 | that may result in collection from the Real Estate Recovery | ||||||
19 | Fund. The
aggrieved person shall provide the Department
OBRE
| ||||||
20 | within 20 days prior written notice of all
supplementary
| ||||||
21 | proceedings so as to allow the Department
OBRE to participate | ||||||
22 | in all efforts to collect on the
judgment.
| ||||||
23 | (g) When any aggrieved person recovers a valid judgment in | ||||||
24 | any court of
competent
jurisdiction against any licensee or an | ||||||
25 | unlicensed employee of any broker, upon
the grounds of
fraud, | ||||||
26 | misrepresentation, discrimination, or deceit, the aggrieved |
| |||||||
| |||||||
1 | person may,
upon the termination
of all proceedings, including | ||||||
2 | review and appeals in connection with the
judgment, file a | ||||||
3 | verified
claim in the court in which the judgment was entered | ||||||
4 | and, upon 30 days' written
notice to the Department
OBRE ,
and | ||||||
5 | to the person against whom the judgment was obtained, may apply | ||||||
6 | to the
court for an order
directing payment out of the Real | ||||||
7 | Estate Recovery Fund of the amount unpaid
upon the judgment,
| ||||||
8 | not including interest on the judgment, and subject to the | ||||||
9 | limitations stated
in Section 20-85 of this
Act. The aggrieved | ||||||
10 | person must set out in that verified claim and at an
| ||||||
11 | evidentiary hearing to be
held by the court upon the | ||||||
12 | application the aggrieved party shall be required to
show that | ||||||
13 | the
aggrieved person:
| ||||||
14 | (1) Is not a spouse of the debtor or the personal | ||||||
15 | representative of such
spouse.
| ||||||
16 | (2) Has complied with all the requirements of this | ||||||
17 | Section.
| ||||||
18 | (3) Has obtained a judgment stating the amount thereof | ||||||
19 | and the amount
owing thereon,
not including interest | ||||||
20 | thereon, at the date of the application.
| ||||||
21 | (4) Has made all reasonable searches and inquiries to | ||||||
22 | ascertain whether
the judgment
debtor is possessed of real | ||||||
23 | or personal property or other assets, liable to be
sold or | ||||||
24 | applied in
satisfaction of the judgment.
| ||||||
25 | (5) By such search has discovered no personal or real | ||||||
26 | property or other
assets liable to
be sold or applied, or |
| |||||||
| |||||||
1 | has discovered certain of them, describing them as owned
by | ||||||
2 | the judgment
debtor and liable to be so applied and has | ||||||
3 | taken all necessary action and
proceedings for the
| ||||||
4 | realization thereof, and the amount thereby realized was | ||||||
5 | insufficient to
satisfy the judgment, stating
the amount so | ||||||
6 | realized and the balance remaining due on the judgment | ||||||
7 | after
application of the
amount realized.
| ||||||
8 | (6) Has diligently pursued all remedies against all the | ||||||
9 | judgment debtors
and
all other
persons liable to the | ||||||
10 | aggrieved person in the transaction for which recovery is
| ||||||
11 | sought from the Real
Estate Recovery Fund,
including the | ||||||
12 | filing of an adversary action to have the debts declared
| ||||||
13 | non-dischargeable in any bankruptcy petition matter filed | ||||||
14 | by any judgment
debtor or person liable to the aggrieved | ||||||
15 | person.
| ||||||
16 | The aggrieved person shall also be required to prove the | ||||||
17 | amount of attorney's
fees sought to be
recovered and the | ||||||
18 | reasonableness of those fees up to the maximum allowed
pursuant | ||||||
19 | to Section 20-85
of this Act.
| ||||||
20 | (h) The court shall make an order directed to the | ||||||
21 | Department
OBRE requiring payment from
the Real Estate
Recovery | ||||||
22 | Fund of whatever sum it finds to be payable upon the claim, | ||||||
23 | pursuant
to and in
accordance with the limitations contained in | ||||||
24 | Section 20-85 of this Act, if the
court is
satisfied, upon the | ||||||
25 | hearing,
of the truth of all matters required to be shown by | ||||||
26 | the aggrieved person under
subsection (g) of this
Section and |
| |||||||
| |||||||
1 | that the aggrieved person has fully pursued and exhausted all
| ||||||
2 | remedies available for
recovering the amount awarded by the | ||||||
3 | judgment of the court.
| ||||||
4 | (i) Should the Department
OBRE pay from the Real Estate | ||||||
5 | Recovery Fund any amount in
settlement of a claim
or toward | ||||||
6 | satisfaction of a judgment against a licensed broker or | ||||||
7 | salesperson
or an unlicensed
employee of a broker, the | ||||||
8 | licensee's license shall be automatically terminated
upon the | ||||||
9 | issuance of a
court order authorizing payment from the Real | ||||||
10 | Estate Recovery Fund. No
petition for restoration of
a license | ||||||
11 | shall be heard until repayment has been made in full, plus | ||||||
12 | interest
at the rate prescribed in
Section 12-109 of the Code | ||||||
13 | of Civil Procedure of the amount paid from
the Real Estate | ||||||
14 | Recovery Fund on their account. A discharge in bankruptcy shall
| ||||||
15 | not relieve a
person from the penalties and disabilities | ||||||
16 | provided in this subsection (i).
| ||||||
17 | (j) If, at any time, the money deposited in the Real Estate | ||||||
18 | Recovery Fund is
insufficient to
satisfy any duly authorized | ||||||
19 | claim or portion thereof, the Department
OBRE shall, when
| ||||||
20 | sufficient money has been
deposited in the Real Estate Recovery | ||||||
21 | Fund, satisfy such unpaid claims or
portions thereof, in the
| ||||||
22 | order that such claims or portions thereof were originally | ||||||
23 | filed, plus
accumulated interest at the rate
prescribed in | ||||||
24 | Section 12-109 of the Code of Civil Procedure.
| ||||||
25 | (Source: P.A. 91-245, eff. 12-31-99.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/20-95)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 20-95. Power of the Department
OBRE to defend. When | ||||||
4 | the Department
OBRE receives any process, notice, order, or | ||||||
5 | other document provided for
or
required under
Section 20-90 of | ||||||
6 | this Act, it may enter an appearance, file an answer, appear
at | ||||||
7 | the court hearing,
defend the action, or take whatever other | ||||||
8 | action it deems appropriate on behalf
and in the name of
the | ||||||
9 | defendant and take recourse through any appropriate method of | ||||||
10 | review on
behalf of and in the
name of the defendant.
| ||||||
11 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
12 | (225 ILCS 454/20-100)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
14 | Sec. 20-100. Subrogation of the Department
OBRE to rights | ||||||
15 | of judgment creditor. When, upon the order of the court, the | ||||||
16 | Department
OBRE has paid from the Real Estate Recovery
Fund any | ||||||
17 | sum to
the judgment creditor, the Department
OBRE shall be | ||||||
18 | subrogated to all of the rights of the
judgment creditor and
| ||||||
19 | the judgment creditor shall assign all rights, title, and | ||||||
20 | interest in the
judgment to the Department
OBRE and any
amount | ||||||
21 | and interest so recovered by the Department
OBRE on the | ||||||
22 | judgment shall be deposited in
the Real Estate
Recovery Fund.
| ||||||
23 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
24 | (225 ILCS 454/20-110)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
2 | Sec. 20-110. Disciplinary actions of the Department
OBRE
| ||||||
3 | not limited. Nothing contained in Sections 20-80 through 20-100 | ||||||
4 | of this Act limits the
authority of
the Department
OBRE to take
| ||||||
5 | disciplinary action against any licensee for a violation of | ||||||
6 | this Act or the
rules of
the Department
OBRE , nor shall the | ||||||
7 | repayment in full of all obligations to the Real Estate
| ||||||
8 | Recovery Fund by any
licensee nullify or modify the effect of | ||||||
9 | any other disciplinary proceeding
brought pursuant to this
Act.
| ||||||
10 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
11 | (225 ILCS 454/20-115)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 20-115. Time limit on action. No action may be taken | ||||||
14 | by the Department
OBRE against any person for violation of the | ||||||
15 | terms of
this Act or its
rules unless the action is commenced | ||||||
16 | within 5 years after the occurrence of the
alleged violation.
| ||||||
17 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
18 | (225 ILCS 454/25-5)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
20 | Sec. 25-5. The Department
OBRE ; powers and duties. The | ||||||
21 | Department
OBRE shall exercise the powers and duties prescribed | ||||||
22 | by the Civil
Administrative Code of Illinois
for the | ||||||
23 | administration of licensing acts and shall exercise such other | ||||||
24 | powers
and duties as are
prescribed by this Act. The Department
|
| |||||||
| |||||||
1 | OBRE may contract with third parties for services
necessary for | ||||||
2 | the proper
administration of this Act.
| ||||||
3 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
4 | (225 ILCS 454/25-10)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
6 | Sec. 25-10. Real Estate Administration and Disciplinary
| ||||||
7 | Board;
duties.
There is created the Real Estate Administration | ||||||
8 | and Disciplinary Board.
The Board shall be composed of 9 | ||||||
9 | persons appointed by the Governor. Members
shall be
appointed | ||||||
10 | to the Board subject to the following conditions:
| ||||||
11 | (1) All members shall have been residents and citizens | ||||||
12 | of this State for
at least 6 years
prior to the date of | ||||||
13 | appointment.
| ||||||
14 | (2) Six members shall have been actively engaged as | ||||||
15 | brokers or
salespersons or both for
at least the 10 years | ||||||
16 | prior to the appointment.
| ||||||
17 | (3) Three members of the Board shall be public members | ||||||
18 | who represent
consumer
interests.
| ||||||
19 | None of these members shall be a person who is licensed | ||||||
20 | under this
Act or a similar Act of another jurisdiction or who | ||||||
21 | has a connection with the profession , the spouse of a
person | ||||||
22 | licensed under this Act, or a person who has an ownership | ||||||
23 | interest in a
real estate brokerage
business .
| ||||||
24 | The members' terms shall be 4 years or until a successor is | ||||||
25 | appointed and the expiration of their terms shall be
staggered.
|
| |||||||
| |||||||
1 | Appointments to fill vacancies shall be for the unexpired | ||||||
2 | portion of the term.
No member may be reappointed to the Board | ||||||
3 | for a term that would cause his or her continuous service on | ||||||
4 | the Board to be longer than 12 years in a lifetime.
A member | ||||||
5 | may be reappointed for successive terms but no person shall be
| ||||||
6 | appointed to more than 2 terms or any part thereof in
his or | ||||||
7 | her lifetime.
Persons holding office as members of the Board | ||||||
8 | immediately prior to December
31, 1999
under the Real Estate | ||||||
9 | License Act of 1983 shall continue as members of the
Board | ||||||
10 | until the
expiration of the
term for which they were appointed | ||||||
11 | and until their successors are appointed and
qualified.
The | ||||||
12 | membership of the Board should reasonably reflect the | ||||||
13 | geographic
distribution of the licensee
population in this | ||||||
14 | State. In making the appointments, the Governor shall give
due | ||||||
15 | consideration
to the recommendations by members and | ||||||
16 | organizations of the profession.
The Governor may terminate the | ||||||
17 | appointment of any member for cause that in the
opinion of the
| ||||||
18 | Governor reasonably justifies the termination. Cause for | ||||||
19 | termination shall
include without limitation
misconduct, | ||||||
20 | incapacity, neglect of duty, or missing 4 board meetings during | ||||||
21 | any
one
calendar year.
Each member of the Board shall receive a | ||||||
22 | per diem stipend in an amount to be
determined by the
| ||||||
23 | Commissioner. Each member shall be paid his or her necessary | ||||||
24 | expenses while
engaged in the
performance of his or her duties. | ||||||
25 | Such compensation and expenses shall be paid
out of the Real | ||||||
26 | Estate
License Administration Fund.
The Commissioner shall |
| |||||||
| |||||||
1 | consider the recommendations of the Board on questions
| ||||||
2 | involving
standards of professional conduct, discipline, and | ||||||
3 | examination of candidates
under this Act.
The Department
OBRE , | ||||||
4 | after notifying and considering the recommendations of the | ||||||
5 | Board, if any,
may issue rules,
consistent with the provisions | ||||||
6 | of this Act, for the administration and
enforcement thereof and | ||||||
7 | may
prescribe forms that shall be used in connection therewith.
| ||||||
8 | None of the functions, powers, or duties enumerated in Sections | ||||||
9 | 20-20 and 30-5
and subsections (a) and
(j) of Section 20-60 of | ||||||
10 | this Act shall be exercised by the Department
OBRE except upon | ||||||
11 | the
action and report in
writing of the Board.
| ||||||
12 | A majority of the Board members shall constitute a quorum. | ||||||
13 | A vacancy in the membership of the Board shall not impair the | ||||||
14 | right of a quorum to exercise all of the rights and perform all | ||||||
15 | of the duties of the Board.
| ||||||
16 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
17 | (225 ILCS 454/25-13)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
19 | Sec. 25-13. Rules. The Department
OBRE , after notifying and | ||||||
20 | considering the recommendations of the Board, if any,
shall | ||||||
21 | adopt,
promulgate, and issue any rules that may be necessary | ||||||
22 | for the implementation
and enforcement of
this Act.
| ||||||
23 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
24 | (225 ILCS 454/25-14)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
2 | Sec. 25-14. Reliance on advisory letters. Licensees or | ||||||
3 | their
representatives may seek an advisory letter from the | ||||||
4 | Department
OBRE as to matters arising
under this Act or the | ||||||
5 | rules promulgated pursuant to this Act. The Department
OBRE
| ||||||
6 | shall
promulgate rules as to the process of seeking and | ||||||
7 | obtaining an advisory letter
and topics and areas on which | ||||||
8 | advisory rules will be issued by the Department
OBRE . A
| ||||||
9 | licensee is entitled to rely upon an advisory letter from the | ||||||
10 | Department
OBRE and will not be
disciplined by the Department
| ||||||
11 | OBRE for actions taken in reliance on the advisory letter.
| ||||||
12 | (Source: P.A. 92-217, eff. 8-2-01.)
| ||||||
13 | (225 ILCS 454/25-15)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
15 | Sec. 25-15. Director of Real Estate Coordinator ; duties. | ||||||
16 | There shall be in the Department
OBRE a Real Estate Coordinator
| ||||||
17 | Director and a Deputy Director of Real Estate ,
appointed by the
| ||||||
18 | Secretary
Commissioner , who shall hold
a currently valid | ||||||
19 | broker's license, which shall be surrendered to the Department
| ||||||
20 | OBRE during
the appointment.
The Coordinator
Director of Real | ||||||
21 | Estate shall report to the Commissioner and shall do the
| ||||||
22 | following:
| ||||||
23 | (1) act as Chairperson of the Board, ex-officio, | ||||||
24 | without vote;
| ||||||
25 | (2) be the direct liaison between the Department
OBRE , |
| |||||||
| |||||||
1 | the profession, and real estate
organizations
and | ||||||
2 | associations;
| ||||||
3 | (3) prepare and circulate to licensees any educational | ||||||
4 | and informational
material that
the Department
OBRE deems | ||||||
5 | necessary for providing guidance or assistance to | ||||||
6 | licensees;
| ||||||
7 | (4) appoint any necessary committees to assist in the | ||||||
8 | performance of the
functions and
duties of the Department
| ||||||
9 | OBRE under this Act; and
| ||||||
10 | (5) subject to the administrative approval of the | ||||||
11 | Secretary
Commissioner , supervise
all real estate
| ||||||
12 | activities of the Department
OBRE .
| ||||||
13 | The Commissioner shall appoint, for a term of 4 years, a | ||||||
14 | Deputy Director of
Real Estate who shall hold a currently valid | ||||||
15 | broker's license, which shall be
surrendered to OBRE during the | ||||||
16 | appointment. Under direction of the Director of
Real Estate, | ||||||
17 | the Deputy Director of Real Estate shall be responsible for the
| ||||||
18 | administration of the licensing, disciplinary, and education | ||||||
19 | provisions of this
Act. The Deputy Director shall also assist | ||||||
20 | the Director of Real Estate in the
performance of his or her | ||||||
21 | duties.
| ||||||
22 | In designating the Real Estate Coordinator, the Secretary
| ||||||
23 | Director and Deputy Director of Real Estate, the
Commissioner
| ||||||
24 | shall give due
consideration to
recommendations by members and | ||||||
25 | organizations of the profession.
| ||||||
26 | (Source: P.A. 91-245, eff. 12-31-99.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/25-20)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 25-20. Staff. The Department
OBRE shall employ | ||||||
4 | sufficient staff to carry out the provisions of this Act.
| ||||||
5 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
6 | (225 ILCS 454/25-25)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
8 | Sec. 25-25. Real Estate Research and Education Fund. A | ||||||
9 | special fund to be known as the Real Estate Research and | ||||||
10 | Education Fund is
created and shall be
held in trust in the | ||||||
11 | State Treasury. Annually, on September 15th, the State
| ||||||
12 | Treasurer shall cause a
transfer of $125,000 to the Real Estate | ||||||
13 | Research and Education Fund from the
Real Estate License
| ||||||
14 | Administration Fund. The Real Estate Research and Education | ||||||
15 | Fund shall be
administered by
the Department
OBRE . Money | ||||||
16 | deposited in the Real Estate Research and Education Fund may be
| ||||||
17 | used for research and
education at state
institutions of higher | ||||||
18 | education or other organizations for research and the
| ||||||
19 | advancement of
education in the real estate industry.
Of the | ||||||
20 | $125,000 annually transferred into the Real Estate Research and
| ||||||
21 | Education Fund, $15,000
shall be used to fund a scholarship | ||||||
22 | program for persons of minority racial
origin who wish to
| ||||||
23 | pursue a course of study in the field of real estate. For the | ||||||
24 | purposes of this
Section, "course of
study" means a course or |
| |||||||
| |||||||
1 | courses that are part of a program of courses in the
field of | ||||||
2 | real estate
designed to further an individual's knowledge or | ||||||
3 | expertise in the field of real
estate. These courses
shall | ||||||
4 | include without limitation courses that a salesperson licensed | ||||||
5 | under this
Act must
complete to qualify for a real estate | ||||||
6 | broker's license, courses required to
obtain the Graduate
| ||||||
7 | Realtors Institute designation, and any other courses or | ||||||
8 | programs offered by
accredited colleges,
universities, or | ||||||
9 | other institutions of higher education in Illinois. The
| ||||||
10 | scholarship program shall be
administered by the Department
| ||||||
11 | OBRE or its designee.
Moneys in the Real Estate Research and | ||||||
12 | Education Fund may be invested and
reinvested in the
same | ||||||
13 | manner as funds in the Real Estate Recovery Fund and all | ||||||
14 | earnings,
interest, and dividends
received from such | ||||||
15 | investments shall be deposited in the Real Estate Research
and | ||||||
16 | Education Fund
and may be used for the same purposes as moneys | ||||||
17 | transferred to the Real Estate
Research and Education Fund. | ||||||
18 | Moneys in the Real Estate Research and Education 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 | (Source: P.A. 94-91, eff. 7-1-05.)
| ||||||
23 | (225 ILCS 454/25-30)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
25 | Sec. 25-30. Real Estate License Administration Fund; |
| |||||||
| |||||||
1 | audit. A special fund to be known as the Real Estate License | ||||||
2 | Administration Fund is
created in the State
Treasury. All fees | ||||||
3 | received by the Department
OBRE under this Act shall be | ||||||
4 | deposited in
the Real Estate License Administration Fund. The
| ||||||
5 | moneys
deposited in the Real Estate License Administration Fund | ||||||
6 | shall be appropriated
to the Department
OBRE for
expenses of | ||||||
7 | the Department
OBRE and the Board in the administration of this | ||||||
8 | Act and for the
administration of any
Act administered by the | ||||||
9 | Department
OBRE providing revenue to this Fund.
Moneys in the | ||||||
10 | Real Estate License Administration Fund may be invested and
| ||||||
11 | reinvested in the
same manner as funds in the Real Estate | ||||||
12 | Recovery Fund. All earnings received
from such
investment shall | ||||||
13 | be deposited in the Real Estate License Administration Fund
and | ||||||
14 | may be used for
the same purposes as fees deposited in the Real | ||||||
15 | Estate License Administration
Fund.
Moneys in the Real Estate | ||||||
16 | License Administration Fund may be transferred to the | ||||||
17 | Professions Indirect Cost Fund as authorized under Section | ||||||
18 | 2105-300 of the Department of Professional Regulation Law of | ||||||
19 | the Civil Administrative Code of Illinois. Upon the completion | ||||||
20 | of any audit of the Department
OBRE , as prescribed by the | ||||||
21 | Illinois State
Auditing Act, which
includes an audit of the | ||||||
22 | Real Estate License Administration Fund, the Department
OBRE
| ||||||
23 | shall
make the audit open
to inspection by any interested | ||||||
24 | person.
| ||||||
25 | (Source: P.A. 94-91, eff. 7-1-05.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/25-35)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 25-35. Real Estate Recovery Fund. A special fund to be | ||||||
4 | known as the Real Estate Recovery Fund is created in
the
State | ||||||
5 | Treasury. The
sums received by the Department
OBRE pursuant to | ||||||
6 | the provisions of Sections 20-20, 20-30, and
20-80
through | ||||||
7 | 20-100 of this Act
shall be deposited into the State Treasury | ||||||
8 | and held in the Real
Estate Recovery Fund. The money in the | ||||||
9 | Real Estate Recovery Fund shall be used
by
the Department
OBRE
| ||||||
10 | exclusively for
carrying out the
purposes established by this | ||||||
11 | Act. If, at any time, the balance remaining in
the Real Estate | ||||||
12 | Recovery Fund is less than
$750,000, the State Treasurer shall | ||||||
13 | cause a transfer of moneys to the Real
Estate Recovery Fund
| ||||||
14 | from the Real Estate License Administration Fund in an amount | ||||||
15 | necessary to
establish a balance of
$800,000 in the Real Estate | ||||||
16 | Recovery Fund. These funds may be invested and
reinvested in
| ||||||
17 | the same manner
as authorized for pension funds in Article 14 | ||||||
18 | of the Illinois Pension Code.
All
earnings, interest, and
| ||||||
19 | dividends received from investment of funds in the Real Estate | ||||||
20 | Recovery Fund
shall be deposited
into the Real Estate License | ||||||
21 | Administration Fund and shall be used for the same
purposes as | ||||||
22 | other
moneys deposited in the Real Estate License | ||||||
23 | Administration Fund.
| ||||||
24 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
25 | (225 ILCS 454/25-37)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
2 | Sec. 25-37. Real Estate Audit Fund; audit of special | ||||||
3 | accounts; audit of
fund. | ||||||
4 | (a) A special fund to be known as the Real Estate Audit | ||||||
5 | Fund is created in
the State Treasury. The State Treasurer | ||||||
6 | shall cause a transfer of $200,000
from the Real Estate License | ||||||
7 | Administration Fund to the Real Estate Audit Fund
on January 1, | ||||||
8 | 2002. If, at any time, the balance in the Real Estate Audit | ||||||
9 | Fund
is less than $25,000, the State Treasurer shall cause a | ||||||
10 | transfer of $200,000
from the Real Estate License | ||||||
11 | Administration Fund to the Real Estate Audit Fund.
The moneys | ||||||
12 | held in the Real Estate Audit Fund shall be used exclusively by
| ||||||
13 | the Department
OBRE to conduct audits of special accounts of | ||||||
14 | moneys belonging to others held
by a broker.
| ||||||
15 | (b) Upon receipt of a complaint or evidence by the | ||||||
16 | Department
OBRE sufficient to cause the Department
OBRE
to | ||||||
17 | reasonably believe that funds required to be maintained in a | ||||||
18 | special account
by a broker have been misappropriated, the | ||||||
19 | broker shall, within 30 days of
written notice, submit to an | ||||||
20 | audit of all special accounts. Such audit shall
be performed by | ||||||
21 | a licensed certified public accountant, shall result in a
| ||||||
22 | written report by the accountant, and shall specifically refer | ||||||
23 | to the escrow
and record-keeping requirements of this Act and | ||||||
24 | the rules adopted under this
Act. If it is found, pursuant to | ||||||
25 | an order issued by the Commissioner, that
moneys required to be | ||||||
26 | maintained in a special account by a broker were
|
| |||||||
| |||||||
1 | misappropriated, as further defined by rule, the broker shall | ||||||
2 | reimburse the Department
OBRE ,
in addition to any other | ||||||
3 | discipline or civil penalty imposed, for the cost of
the audit | ||||||
4 | performed pursuant to this Section. The Department
OBRE may | ||||||
5 | file in circuit court
for a judgment to enforce the collection | ||||||
6 | of the reimbursement of the cost of
such audit. Any | ||||||
7 | reimbursement collected by the Department
OBRE shall be | ||||||
8 | deposited into the
Real Estate Audit Fund.
| ||||||
9 | (c) Moneys in the Real Estate Audit Fund may be invested | ||||||
10 | and reinvested in
the same manner as funds in the Real Estate | ||||||
11 | Recovery Fund. All earnings
received from such investment shall | ||||||
12 | be deposited in the Real Estate Audit Fund
and may be used for | ||||||
13 | the same purpose as other moneys deposited in the Real
Estate | ||||||
14 | Audit Fund. Moneys in the Real Estate Audit Fund may be | ||||||
15 | transferred to the Professions Indirect Cost Fund as authorized | ||||||
16 | under Section 2105-300 of the Department of Professional | ||||||
17 | Regulation Law of the Civil Administrative Code of Illinois.
| ||||||
18 | Upon completion of any audit of the Department
OBRE , prescribed | ||||||
19 | by the
Illinois State Auditing Act, which includes an audit of | ||||||
20 | the Real Estate Audit
Fund, the Department
OBRE shall make the | ||||||
21 | audit open to inspection by any interested person.
| ||||||
22 | (Source: P.A. 94-91, eff. 7-1-05.)
| ||||||
23 | (225 ILCS 454/30-5)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
25 | Sec. 30-5. Licensing of pre-license schools, school |
| |||||||
| |||||||
1 | branches, and
instructors.
| ||||||
2 | (a) No person shall operate a pre-license school or school | ||||||
3 | branch without
possessing a valid
pre-license school or school | ||||||
4 | branch license issued by the Department
OBRE . No person shall
| ||||||
5 | act as a pre-license instructor at a pre-license school or | ||||||
6 | school branch
without possessing
a valid pre-license
| ||||||
7 | instructor license issued by the Department
OBRE . Every person | ||||||
8 | who desires to obtain a
pre-license school,
school branch, or | ||||||
9 | pre-license instructor license shall make application to the | ||||||
10 | Department
OBRE
in writing in form
and substance satisfactory | ||||||
11 | to the Department
OBRE and pay the required fees prescribed by
| ||||||
12 | rule. In addition to any
other information required to be | ||||||
13 | contained in the application, every
application for an original | ||||||
14 | or
renewed license shall include the applicant's Social | ||||||
15 | Security number. The Department
OBRE
shall issue a pre-license | ||||||
16 | school, school branch, or pre-license instructor
license to | ||||||
17 | applicants who meet
qualification criteria established by | ||||||
18 | rule. The Department
OBRE may refuse to issue, suspend,
revoke, | ||||||
19 | or otherwise discipline a pre-license school, school branch, or
| ||||||
20 | pre-license instructor
license or may withdraw
approval of a | ||||||
21 | course offered by a pre-license school for good cause.
| ||||||
22 | Disciplinary proceedings
shall be conducted by the Board in the | ||||||
23 | same manner as other disciplinary
proceedings under this
Act.
| ||||||
24 | (b) All pre-license instructors must teach at least one | ||||||
25 | course within the
period of licensure or
take an instructor | ||||||
26 | training program approved by the Department
OBRE in lieu |
| |||||||
| |||||||
1 | thereof. A
pre-license instructor
may teach at more than one | ||||||
2 | licensed pre-license school.
| ||||||
3 | (c) The term of license for pre-license schools, branches, | ||||||
4 | and instructors
shall be 2 years as
established by rule.
| ||||||
5 | (d) The Department
OBRE or the Advisory Council may, after | ||||||
6 | notice, cause a pre-license
school to attend an
informal | ||||||
7 | conference before the Advisory Council for failure to comply | ||||||
8 | with any
requirement for
licensure or for failure to comply | ||||||
9 | with any provision of this Act or the rules
for the | ||||||
10 | administration
of this Act. The Advisory Council shall make a | ||||||
11 | recommendation to the Board as
a result of its
findings at the | ||||||
12 | conclusion of any such informal conference.
| ||||||
13 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
14 | (225 ILCS 454/30-10)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
16 | Sec. 30-10. Advisory Council; powers and duties. There is | ||||||
17 | created within the Department
OBRE an Advisory Council to be | ||||||
18 | comprised of 6
7 members
appointed by the Governor for 4-year | ||||||
19 | staggered terms . The members' terms shall be 4 years or until a | ||||||
20 | successor is appointed and the expiration of terms shall be | ||||||
21 | staggered as determined by the Governor. No member shall be | ||||||
22 | reappointed to the Board for a term that would cause his or her | ||||||
23 | continuous service on the Board to be longer than 12 years in a | ||||||
24 | lifetime.
No member shall serve
more than 8
years in a | ||||||
25 | lifetime. Three of the members shall be licensees who are |
| |||||||
| |||||||
1 | current
members of the Board,
one member shall be a | ||||||
2 | representative of an Illinois real estate trade
organization | ||||||
3 | who is not a
member of the Board, one member shall be a | ||||||
4 | representative of a licensed
pre-license school or
continuing | ||||||
5 | education school, and one member shall be a representative of | ||||||
6 | an
institution of higher
education that offers pre-license and | ||||||
7 | continuing education courses. The
Real Estate Coordinator
| ||||||
8 | Director
shall serve as the chairman of the Advisory Council, | ||||||
9 | ex officio, without vote.
A majority of Advisory Council | ||||||
10 | members shall constitute a quorum. A vacancy in the membership | ||||||
11 | of the Advisory Council shall not impair the right of a quorum | ||||||
12 | to exercise all the rights and perform all the duties of the | ||||||
13 | Advisory Council. The Advisory Council shall recommend | ||||||
14 | criteria for the licensing of pre-license
schools, pre-license | ||||||
15 | instructors, continuing education schools, and continuing
| ||||||
16 | education instructors; review
applications for these licenses | ||||||
17 | to determine if the applicants meet the
qualifications for | ||||||
18 | licensure
established in this Act and by rule; approve | ||||||
19 | pre-license school and continuing
education
curricula; and | ||||||
20 | make recommendations to the Board regarding rules to be adopted
| ||||||
21 | for the
administration of the education provisions of this Act.
| ||||||
22 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
23 | (225 ILCS 454/30-15)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
25 | Sec. 30-15. Licensing of continuing education schools; |
| |||||||
| |||||||
1 | approval of
courses.
| ||||||
2 | (a) Only continuing education schools in possession of a | ||||||
3 | valid continuing
education
school license
may provide real | ||||||
4 | estate continuing education courses that will satisfy the
| ||||||
5 | requirements of this
Act. Pre-license schools licensed to offer | ||||||
6 | pre-license education courses for
salespersons and
brokers | ||||||
7 | shall qualify for a continuing education school license upon | ||||||
8 | completion
of an application
and the submission of the required | ||||||
9 | fee. Every entity that desires to obtain a
continuing education
| ||||||
10 | school license shall make application to the Department
OBRE in | ||||||
11 | writing in forms prescribed by
the Department
OBRE and pay
the | ||||||
12 | fee prescribed by rule. In addition to any other information | ||||||
13 | required to
be contained in the
application, every application | ||||||
14 | for an original or renewed license shall include
the | ||||||
15 | applicant's Social
Security number.
| ||||||
16 | (b) The criteria for a continuing education license
shall | ||||||
17 | include the
following:
| ||||||
18 | (1) A sound financial base for establishing, | ||||||
19 | promoting, and delivering the
necessary
courses. Budget | ||||||
20 | planning for the School's courses should be clearly | ||||||
21 | projected.
| ||||||
22 | (2) A sufficient number of qualified, licensed | ||||||
23 | instructors as provided by
rule.
| ||||||
24 | (3) Adequate support personnel to assist with | ||||||
25 | administrative matters and
technical
assistance.
| ||||||
26 | (4) Maintenance and availability of records of |
| |||||||
| |||||||
1 | participation for
licensees.
| ||||||
2 | (5) The ability to provide each participant who | ||||||
3 | successfully completes an
approved
program with a | ||||||
4 | certificate of completion signed by the administrator of a
| ||||||
5 | licensed continuing
education school on forms provided by | ||||||
6 | the Department
OBRE .
| ||||||
7 | (6) The continuing education school must have a written | ||||||
8 | policy dealing
with
procedures for the management of | ||||||
9 | grievances and fee refunds.
| ||||||
10 | (7) The continuing education school shall maintain | ||||||
11 | lesson plans and
examinations for
each course.
| ||||||
12 | (8) The continuing education school shall require a 70% | ||||||
13 | passing grade for
successful
completion of any continuing | ||||||
14 | education course.
| ||||||
15 | (9) The continuing education school shall identify and | ||||||
16 | use instructors who
will teach
in a planned program. | ||||||
17 | Suggested criteria for instructor selections include:
| ||||||
18 | (A) appropriate credentials;
| ||||||
19 | (B) competence as a teacher;
| ||||||
20 | (C) knowledge of content area; and
| ||||||
21 | (D) qualification by experience.
| ||||||
22 | (10) The continuing education school must provide for | ||||||
23 | closed book examinations for each course. | ||||||
24 | (11) The continuing education school shall provide a | ||||||
25 | proctor for each examination and shall be responsible for | ||||||
26 | the conduct of the proctor or, in the alternative, provide |
| |||||||
| |||||||
1 | an electronic means of proctoring that is acceptable to the | ||||||
2 | Department. The duties and responsibilities of a proctor | ||||||
3 | shall be established by the Department by rule.
| ||||||
4 | (c) Advertising and promotion of continuing education | ||||||
5 | activities must be
carried out in
a responsible fashion, | ||||||
6 | clearly showing the educational objectives of the
activity, the | ||||||
7 | nature of the
audience that may benefit from the activity, the | ||||||
8 | cost of the activity to the
participant and the items
covered | ||||||
9 | by the cost, the amount of credit that can be earned, and the
| ||||||
10 | credentials of the faculty.
| ||||||
11 | (d) The Department
OBRE may or upon request of the Advisory | ||||||
12 | Council shall, after notice,
cause a
continuing education | ||||||
13 | school to attend an informal conference before the
Advisory | ||||||
14 | Council for
failure to comply with any requirement for | ||||||
15 | licensure or for failure to comply
with any provision of
this | ||||||
16 | Act or the rules for the administration of this Act. The | ||||||
17 | Advisory Council
shall make a
recommendation to the Board as a | ||||||
18 | result of its findings at the conclusion of
any such informal
| ||||||
19 | conference.
| ||||||
20 | (e) All continuing education schools shall maintain these | ||||||
21 | minimum criteria
and pay
the required fee in order to retain | ||||||
22 | their continuing education school license.
| ||||||
23 | (f) All continuing education schools shall submit, at the | ||||||
24 | time of initial
application and
with each license renewal, a | ||||||
25 | list of courses with course materials to be
offered by the | ||||||
26 | continuing
education school. The Department
OBRE , however, |
| |||||||
| |||||||
1 | shall establish a mechanism whereby
continuing education
| ||||||
2 | schools may apply for and obtain approval for continuing | ||||||
3 | education courses that
are submitted
after the time of initial | ||||||
4 | application or renewal. The Department
OBRE shall provide to | ||||||
5 | each
continuing education
school a certificate for each | ||||||
6 | approved continuing education course. All
continuing education
| ||||||
7 | courses shall be valid for the period coinciding with the term | ||||||
8 | of license of
the continuing education
school. All continuing | ||||||
9 | education schools shall provide a copy of the
certificate of | ||||||
10 | the continuing
education course within the course materials | ||||||
11 | given to each student or shall
display a copy of the
| ||||||
12 | certificate of the continuing education course in a conspicuous | ||||||
13 | place at the
location of the class.
| ||||||
14 | (g) Each continuing education school shall provide to the | ||||||
15 | Department
OBRE a monthly report
in a
format determined by the | ||||||
16 | Department
OBRE , with information concerning students who
| ||||||
17 | successfully completed all
approved continuing education | ||||||
18 | courses offered by the continuing education
school for the | ||||||
19 | prior
month.
| ||||||
20 | (h) The Department
OBRE , upon the recommendation of the | ||||||
21 | Advisory Council, may temporarily
suspend a licensed | ||||||
22 | continuing education school's approved courses without
hearing | ||||||
23 | and refuse to
accept successful completion of or participation | ||||||
24 | in any of these continuing
education courses for
continuing | ||||||
25 | education credit from that school upon the failure of that
| ||||||
26 | continuing education school
to comply with the provisions of |
| |||||||
| |||||||
1 | this Act or the rules for the administration
of this Act, until | ||||||
2 | such
time as the Department
OBRE receives satisfactory | ||||||
3 | assurance of compliance. The Department
OBRE shall notify
the | ||||||
4 | continuing
education school of the noncompliance and may | ||||||
5 | initiate disciplinary
proceedings pursuant to
this Act.
The | ||||||
6 | Department
OBRE may refuse to issue, suspend, revoke, or | ||||||
7 | otherwise discipline the license
of a continuing
education | ||||||
8 | school or may withdraw approval of a continuing education | ||||||
9 | course for
good cause.
Failure to comply with the requirements | ||||||
10 | of this Section or any other
requirements
established by rule | ||||||
11 | shall
be deemed to be good cause. Disciplinary proceedings | ||||||
12 | shall be conducted by the
Board in the same
manner as other | ||||||
13 | disciplinary proceedings under this Act.
| ||||||
14 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
15 | (225 ILCS 454/30-25)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
17 | Sec. 30-25. Licensing of continuing education instructors.
| ||||||
18 | (a) No person shall act as a core curriculum continuing | ||||||
19 | education instructor at a continuing education school or branch | ||||||
20 | without possessing a valid continuing education instructor | ||||||
21 | license and satisfying any other criteria established by the | ||||||
22 | Department by rule.
Only persons approved by the Advisory | ||||||
23 | Council and in possession of a
valid continuing
education | ||||||
24 | instructor license issued by OBRE may instruct continuing | ||||||
25 | education
courses.
|
| |||||||
| |||||||
1 | (b) Every person who desires to obtain a continuing | ||||||
2 | education instructor
license shall make
application to the | ||||||
3 | Department
OBRE in writing on forms prescribed by the Office, | ||||||
4 | accompanied
by the fee
prescribed by rule. In addition to any | ||||||
5 | other information required to be
contained in the application,
| ||||||
6 | every application for an original or renewed license shall | ||||||
7 | include the
applicant's Social Security
number. The Department
| ||||||
8 | OBRE shall issue a continuing education instructor license to
| ||||||
9 | applicants who meet
qualification criteria established by this | ||||||
10 | Act or rule. Upon the effective date of this amendatory Act of | ||||||
11 | the 95th General Assembly, every person who desires to obtain | ||||||
12 | or renew a continuing education instructor's license shall | ||||||
13 | attend and successfully complete a one-day instructor | ||||||
14 | development workshop, as approved by the Department. All | ||||||
15 | continuing education instructors must teach at least one course | ||||||
16 | within the period of licensure. The term of licensure for a | ||||||
17 | continuing education instructor shall be 2 years and as | ||||||
18 | established by rule.
| ||||||
19 | (c) The Department
OBRE may refuse to issue, suspend, | ||||||
20 | revoke, or otherwise discipline a
continuing education
| ||||||
21 | instructor for good cause. Disciplinary proceedings shall be | ||||||
22 | conducted by the
Board in the same
manner as other disciplinary | ||||||
23 | proceedings under this Act. The term of a license
for a | ||||||
24 | continuing
education instructor shall be 2 years and as | ||||||
25 | established by rule. All
Continuing
Education Instructors
must | ||||||
26 | teach at least one course within the period of licensure or |
| |||||||
| |||||||
1 | take an
instructor training program
approved by OBRE in lieu | ||||||
2 | thereof.
| ||||||
3 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
4 | (225 ILCS 454/35-5)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
6 | Sec. 35-5. Savings provisions.
| ||||||
7 | (a) This Act is intended to replace the Real Estate License | ||||||
8 | Act of 1983 in
all respects.
| ||||||
9 | (b) Beginning December 31, 1999, the rights, powers, and | ||||||
10 | duties exercised by
the
Office of Banks and
Real Estate under | ||||||
11 | the Real Estate License Act of 1983 shall continue to be
vested | ||||||
12 | in, be the
obligation of, and shall be exercised by the | ||||||
13 | Department of Financial and Professional Regulation
Office of | ||||||
14 | Banks and Real Estate
under the provisions of
this Act.
| ||||||
15 | (c) This Act does not affect any act done, ratified, or | ||||||
16 | cancelled, or any
right occurring or
established, or any action | ||||||
17 | or proceeding had or commenced in an administrative,
civil, or | ||||||
18 | criminal
cause before December 31, 1999, by the Office of Banks | ||||||
19 | and Real Estate under
the
Real Estate License
Act of 1983, and | ||||||
20 | those actions or proceedings may be prosecuted and continued
by | ||||||
21 | the Office of
Banks and Real Estate under this Act.
| ||||||
22 | (d) This Act does not affect any license, certificate, | ||||||
23 | permit, or other form
of licensure or
authorization issued by | ||||||
24 | the Office of Banks and Real Estate under the Real
Estate | ||||||
25 | License Act of
1983, and all such licenses, certificates, |
| |||||||
| |||||||
1 | permits, or other form of licensure
or authorization shall
| ||||||
2 | continue to be valid under the terms and conditions of this | ||||||
3 | Act.
| ||||||
4 | (e) The rules adopted by the Office of Banks and Real | ||||||
5 | Estate relating to the
Real Estate License
Act of 1983, unless | ||||||
6 | inconsistent with the provisions of this Act, are not
affected | ||||||
7 | by this Act, and on
December 31, 1999 those rules become the | ||||||
8 | rules under this Act. The Office of
Banks
and Real Estate | ||||||
9 | shall,
as soon as practicable, adopt new or amended rules | ||||||
10 | consistent with the
provisions of this Act.
| ||||||
11 | (f) This Act does not affect any discipline, suspension, or | ||||||
12 | termination
taken under the Real
Estate License Act of 1983 and | ||||||
13 | that discipline, suspension, or termination
shall be continued | ||||||
14 | under
this Act.
| ||||||
15 | (g) This Act does not affect any appointments, term | ||||||
16 | limitations, years
served, or other matters
relating to | ||||||
17 | individuals serving on any board or council under the Real | ||||||
18 | Estate
License Act of 1983,
and these appointments, term | ||||||
19 | limitations, years served, and other matters shall
be continued | ||||||
20 | under
this Act.
| ||||||
21 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
22 | (225 ILCS 454/5-25 rep.)
| ||||||
23 | (225 ILCS 454/5-30 rep.)
| ||||||
24 | (225 ILCS 454/5-55 rep.)
| ||||||
25 | (225 ILCS 454/20-80 rep.)
|
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1 | (225 ILCS 454/20-120 rep.)
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2 | Section 15. The Real Estate License Act of 2000 is amended | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | by repealing Sections 5-25, 5-30, 5-55, 20-80, and 20-120. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | becoming law.
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