HB2207 EngrossedLRB103 27667 AMQ 54044 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Auction License Act is amended by changing
5Sections 10-30, 10-40, 10-50, 20-15, 20-43, 20-50, 20-65, and
630-30 and by adding Sections 20-110, 20-115, 25-110, and
725-115 as follows:
 
8    (225 ILCS 407/10-30)
9    (Section scheduled to be repealed on January 1, 2030)
10    Sec. 10-30. Expiration, renewal, and continuing education.
11    (a) License expiration dates, renewal periods, renewal
12fees, and procedures for renewal of licenses issued under this
13Act shall be set by rule of the Department. An entity may renew
14its license by paying the required fee and by meeting the
15renewal requirements adopted by the Department under this
16Section.
17    (b) All renewal applicants must provide proof as
18determined by the Department of having met the continuing
19education requirements by the deadline set forth by the
20Department by rule. At a minimum, the rules shall require an
21applicant for renewal licensure as an auctioneer to provide
22proof of the completion of at least 12 hours of continuing
23education during the pre-renewal period established by the

 

 

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1Department for completion of continuing education from schools
2approved by the Department, as established by rule.
3    (c) The Department, in its discretion, may waive
4enforcement of the continuing education requirements of this
5Section and shall adopt rules defining the standards and
6criteria for such waiver.
7    (d) (Blank).
8    (e) The Department shall not issue or renew a license if
9the applicant or licensee has an unpaid fine or fee from a
10disciplinary matter or from a non-disciplinary action imposed
11by the Department until the fine or fee is paid to the
12Department or the applicant or licensee has entered into a
13payment plan and is current on the required payments.
14    (f) The Department shall not issue or renew a license if
15the applicant or licensee has an unpaid fine or civil penalty
16imposed by the Department for unlicensed practice until the
17fine or civil penalty is paid to the Department or the
18applicant or licensee has entered into a payment plan and is
19current on the required payments.
20(Source: P.A. 102-970, eff. 5-27-22.)
 
21    (225 ILCS 407/10-40)
22    (Section scheduled to be repealed on January 1, 2030)
23    Sec. 10-40. Restoration.
24    (a) A licensee whose license has lapsed or expired shall
25have 2 years from the expiration date to restore licensure his

 

 

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1or her license without examination. The expired licensee shall
2make application to the Department on forms provided by the
3Department, provide evidence of successful completion of 12
4hours of approved continuing education during the period of
5time the license had lapsed, and pay all fees and penalties as
6established by rule.
7    (b) Notwithstanding any other provisions of this Act to
8the contrary, any licensee whose license under this Act has
9expired is eligible to restore such license without paying any
10lapsed fees and penalties if the license expired while the
11licensee was:
12        (1) on active duty with the United States Army, United
13    States Marine Corps, United States Navy, United States Air
14    Force, United States Coast Guard, the State Militia called
15    into service or training;
16        (2) engaged in training or education under the
17    supervision of the United States prior to induction into
18    military service; or
19        (3) serving as an employee of the Department, while
20    the employee was required to surrender the his or her
21    license due to a possible conflict of interest.
22    A licensee shall also be eligible to restore a license
23under paragraphs (1), (2), and (3) without completing the
24continuing education requirements for that licensure period.
25For this subsection for a period of 2 years following the
26termination of the service or education if the termination was

 

 

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1by other than dishonorable discharge and the licensee
2furnishes the Department with an affidavit specifying that the
3licensee has been so engaged.
4    (c) At any time after the suspension, revocation,
5placement on probationary status, or other disciplinary action
6taken under this Act with reference to any license, the
7Department may restore the license to the licensee without
8examination upon the order of the Secretary, if the licensee
9submits a properly completed application, pays the appropriate
10fees, and otherwise complies with the conditions of the order.
11(Source: P.A. 101-345, eff. 8-9-19.)
 
12    (225 ILCS 407/10-50)
13    (Section scheduled to be repealed on January 1, 2030)
14    Sec. 10-50. Fees; disposition of funds.
15    (a) The Department shall establish by rule a schedule of
16fees for the administration and maintenance of this Act. Such
17fees shall be nonrefundable.
18    (b) Prior to July 1, 2023, all fees collected under this
19Act shall be deposited into the General Professions Dedicated
20Fund and appropriated to the Department for the ordinary and
21contingent expenses of the Department in the administration of
22this Act. Beginning on July 1, 2023, all fees, fines,
23penalties, or other monies received or collected pursuant to
24this Act shall be deposited in the Division of Real Estate
25General Fund. On or after July 1, 2023, the balance of funds

 

 

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1collected pursuant to this Act that is in the General
2Professions Dedicated Fund shall be transferred into the
3Division of Real Estate General Fund.
4(Source: P.A. 102-970, eff. 5-27-22.)
 
5    (225 ILCS 407/20-15)
6    (Section scheduled to be repealed on January 1, 2030)
7    Sec. 20-15. Disciplinary actions; grounds. The Department
8may refuse to issue or renew a license, may place on probation
9or administrative supervision, suspend, or revoke any license
10or may reprimand or take other disciplinary or
11non-disciplinary action as the Department may deem proper,
12including the imposition of fines not to exceed $10,000 for
13each violation upon any licensee or applicant anyone licensed
14under this Act or any person or entity who holds oneself out as
15an applicant or licensee for any of the following reasons:
16        (1) False or fraudulent representation or material
17    misstatement in furnishing information to the Department
18    in obtaining or seeking to obtain a license.
19        (2) Violation of any provision of this Act or the
20    rules adopted under this Act.
21        (3) Conviction of or entry of a plea of guilty or nolo
22    contendere, as set forth in subsection (c) of Section
23    10-5, to any crime that is a felony or misdemeanor under
24    the laws of the United States or any state or territory
25    thereof, or entry of an administrative sanction by a

 

 

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1    government agency in this State or any other jurisdiction.
2        (3.5) Failing to notify the Department, within 30 days
3    after the occurrence, of the information required in
4    subsection (c) of Section 10-5.
5        (4) Being adjudged to be a person under legal
6    disability or subject to involuntary admission or to meet
7    the standard for judicial admission as provided in the
8    Mental Health and Developmental Disabilities Code.
9        (5) Discipline of a licensee by another state, the
10    District of Columbia, a territory of the United States, a
11    foreign nation, a governmental agency, or any other entity
12    authorized to impose discipline if at least one of the
13    grounds for that discipline is the same as or the
14    equivalent to one of the grounds for discipline set forth
15    in this Act or for failing to report to the Department,
16    within 30 days, any adverse final action taken against the
17    licensee by any other licensing jurisdiction, government
18    agency, law enforcement agency, or court, or liability for
19    conduct that would constitute grounds for action as set
20    forth in this Act.
21        (6) Engaging in the practice of auctioneering,
22    conducting an auction, or providing an auction service
23    without a license or after the license was expired,
24    revoked, suspended, or terminated or while the license was
25    inoperative.
26        (7) Attempting to subvert or cheat on the auctioneer

 

 

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1    exam or any continuing education exam, or aiding or
2    abetting another to do the same.
3        (8) Directly or indirectly giving to or receiving from
4    a person, firm, corporation, partnership, or association a
5    fee, commission, rebate, or other form of compensation for
6    professional service not actually or personally rendered,
7    except that an auctioneer licensed under this Act may
8    receive a fee from another licensed auctioneer from this
9    State or jurisdiction for the referring of a client or
10    prospect for auction services to the licensed auctioneer.
11        (9) Making any substantial misrepresentation or
12    untruthful advertising.
13        (10) Making any false promises of a character likely
14    to influence, persuade, or induce.
15        (11) Pursuing a continued and flagrant course of
16    misrepresentation or the making of false promises through
17    a licensee, agent, employee, advertising, or otherwise.
18        (12) Any misleading or untruthful advertising, or
19    using any trade name or insignia of membership in any
20    auctioneer association or organization of which the
21    licensee is not a member.
22        (13) Commingling funds of others with the licensee's
23    own funds or failing to keep the funds of others in an
24    escrow or trustee account.
25        (14) Failure to account for, remit, or return any
26    moneys, property, or documents coming into the licensee's

 

 

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1    possession that belong to others, acquired through the
2    practice of auctioneering, conducting an auction, or
3    providing an auction service within 30 days of the written
4    request from the owner of said moneys, property, or
5    documents.
6        (15) Failure to maintain and deposit into a special
7    account, separate and apart from any personal or other
8    business accounts, all moneys belonging to others
9    entrusted to a licensee while acting as an auctioneer,
10    auction firm, or as a temporary custodian of the funds of
11    others.
12        (16) Failure to make available to Department personnel
13    during normal business hours all escrow and trustee
14    records and related documents maintained in connection
15    with the practice of auctioneering, conducting an auction,
16    or providing an auction service within 24 hours after a
17    request from Department personnel.
18        (17) Making or filing false records or reports in the
19    licensee's practice, including, but not limited to, false
20    records or reports filed with State agencies.
21        (18) Failing to voluntarily furnish copies of all
22    written instruments prepared by the auctioneer and signed
23    by all parties to all parties at the time of execution.
24        (19) Failing to provide information within 30 days in
25    response to a written request made by the Department.
26        (20) Engaging in any act that constitutes a violation

 

 

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1    of Section 2-102, 3-103, or 3-105 of the Illinois Human
2    Rights Act.
3        (21) (Blank).
4        (22) Engaging in dishonorable, unethical, or
5    unprofessional conduct of a character likely to deceive,
6    defraud, or harm the public.
7        (23) Offering or advertising real estate for sale or
8    lease at auction without a valid broker or managing
9    broker's license under the Real Estate License Act of
10    1983, or any successor Act, unless exempt from licensure
11    under the terms of the Real Estate License Act of 2000, or
12    any successor Act, except as provided in Section 5-32 of
13    the Real Estate License Act of 2000.
14        (24) Inability to practice the profession with
15    reasonable judgment, skill, or safety as a result of a
16    physical illness, mental illness, or disability.
17        (25) A pattern of practice or other behavior that
18    demonstrates incapacity or incompetence to practice under
19    this Act.
20        (26) Being named as a perpetrator in an indicated
21    report by the Department of Children and Family Services
22    under the Abused and Neglected Child Reporting Act and
23    upon proof by clear and convincing evidence that the
24    licensee has caused a child to be an abused child or a
25    neglected child as defined in the Abused and Neglected
26    Child Reporting Act.

 

 

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1        (27) Inability to practice with reasonable judgment,
2    skill, or safety as a result of habitual or excessive use
3    or addiction to alcohol, narcotics, stimulants, or any
4    other chemical agent or drug.
5        (28) Willfully failing to report an instance of
6    suspected child abuse or neglect as required by the Abused
7    and Neglected Child Reporting Act.
8        (29) Violating the terms of any order issued by the
9    Department.
10(Source: P.A. 101-345, eff. 8-9-19; 102-970, eff. 5-27-22.)
 
11    (225 ILCS 407/20-43)
12    (Section scheduled to be repealed on January 1, 2030)
13    Sec. 20-43. Investigations; notice and hearing. The
14Department may investigate the actions or qualifications of
15any person who is an applicant, unlicensed person, or person
16rendering or offering to render auction services, or holding
17or claiming to hold a license as a licensed auctioneer. At
18least 30 days before any disciplinary hearing under this Act,
19the Department shall: (i) notify the person charged accused in
20writing of the charges made and the time and place of the
21hearing; (ii) direct the person accused to file with the Board
22a written answer under oath to the charges within 20 days of
23receiving service of the notice; and (iii) inform the person
24accused that if the person he or she fails to file an answer to
25the charges within 20 days of receiving service of the notice,

 

 

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1a default judgment may be entered and the against him or her,
2or his or her license may be suspended, revoked, placed on
3probationary status, or other disciplinary action taken with
4regard to the license as the Department may consider proper,
5including, but not limited to, limiting the scope, nature, or
6extent of the licensee's practice, or imposing a fine.
7    At the time and place of the hearing fixed in the notice,
8the Board shall proceed to hear the charges, and the person
9accused or person's his or her counsel shall be accorded ample
10opportunity to present any pertinent statements, testimony,
11evidence, and arguments in the person's his or her defense.
12The Board may continue the hearing when it deems it
13appropriate.
14    Notice of the hearing may be served by personal delivery,
15by certified mail, or, at the discretion of the Department, by
16an electronic means to the person's licensee's last known
17address or email address of record.
18(Source: P.A. 101-345, eff. 8-9-19.)
 
19    (225 ILCS 407/20-50)
20    (Section scheduled to be repealed on January 1, 2030)
21    Sec. 20-50. Findings and recommendations. At the
22conclusion of the hearing, the Board shall present to the
23Secretary a written report of its findings of fact,
24conclusions of law, and recommendations. The report shall
25contain a finding whether or not the accused person charged

 

 

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1violated this Act or any rules promulgated pursuant to this
2Act. The Board shall specify the nature of any violations and
3shall make its recommendations to the Secretary. In making
4recommendations for any disciplinary action, the Board may
5take into consideration all facts and circumstances bearing
6upon the reasonableness of the conduct of the person accused,
7including, but not limited to, previous discipline of the
8person accused by the Department, intent, degree of harm to
9the public and likelihood of future harm to the public, any
10restitution made by the person accused, and whether the
11incident or incidents contained in the complaint appear to be
12isolated or represent a continuing pattern of conduct. In
13making its recommendations for discipline, the Board shall
14endeavor to ensure that the severity of the discipline
15recommended is reasonably proportional to the severity of the
16violation.
17    The report of the Board's findings of fact, conclusions of
18law, and recommendations shall be the basis for the
19Department's decision to refuse to issue, restore, or renew a
20license, or to take any other disciplinary action. If the
21Secretary disagrees with the recommendations of the Board, the
22Secretary may issue an order in contravention of the Board
23recommendations. The report's findings are not admissible in
24evidence against the person in a criminal prosecution brought
25for a violation of this Act, but the hearing and findings are
26not a bar to a criminal prosecution for the violation of this

 

 

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1Act.
2    If the Secretary disagrees in any regard with the report
3of the Advisory Board, the Secretary may issue an order in
4contravention of the report. The Secretary shall provide a
5written report to the Advisory Board on any deviation and
6shall specify with particularity the reasons for that action
7in the final order.
8(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
 
9    (225 ILCS 407/20-65)
10    (Section scheduled to be repealed on January 1, 2030)
11    Sec. 20-65. Restoration of license. At any time after the
12suspension, or revocation, or probation of any license, the
13Department may restore the license to the accused person upon
14the written recommendation of the Advisory Board, unless after
15an investigation and a hearing the Advisory Board determines
16that restoration is not in the public interest.
17(Source: P.A. 95-572, eff. 6-1-08.)
 
18    (225 ILCS 407/20-110 new)
19    Sec. 20-110. Cease and desist orders. The Department may
20issue a cease and desist order to a person who engages in
21activities prohibited by this Act. Any person in violation of
22a cease and desist order issued by the Department is subject to
23all of the penalties provided by law.
 

 

 

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1    (225 ILCS 407/20-115 new)
2    Sec. 20-115. Statute of limitations. No action may be
3taken under this Act against a person or entity licensed under
4this Act unless the action is commenced within 5 years after
5the occurrence of the alleged violation. A continuing
6violation is deemed to have occurred on the date when the
7circumstances last existed that gave rise to the alleged
8continuing violation.
 
9    (225 ILCS 407/25-110 new)
10    Sec. 25-110. Licensing of auction schools.
11    (a) Only an auction school licensed by the Department may
12provide the continuing education courses required for
13licensure under this Act.
14    (b) An auction school may also provide the course required
15to obtain the real estate auction certification in Section
165-32 of the Real Estate License Act of 2000. The course shall
17be approved by the Real Estate Administration and Disciplinary
18Board pursuant to Section 25-10 of the Real Estate License Act
19of 2000.
20    (c) A person or entity seeking to be licensed as an auction
21school under this Act shall provide satisfactory evidence of
22the following:
23        (1) a sound financial base for establishing,
24    promoting, and delivering the necessary courses;
25        (2) a sufficient number of qualified instructors;

 

 

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1        (3) adequate support personnel to assist with
2    administrative matters and technical assistance;
3        (4) a qualified school administrator, who is
4    responsible for the administration of the school, courses,
5    and the actions of the instructors;
6        (5) proof of good standing with the Secretary of State
7    and authority to conduct business in this State; and
8        (6) any other requirements provided by rule.
9    (d) All applicants for an auction schools license shall
10make initial application to the Department in a manner
11prescribed by the Department and pay the appropriate fee as
12provided by rule. In addition to any other information
13required to be contained in the application as prescribed by
14rule, every application for an original or renewed license
15shall include the applicant's Taxpayer Identification Number.
16The term, expiration date, and renewal of an auction schools
17license shall be established by rule.
18    (e) An auction school shall provide each successful course
19participant with a certificate of completion signed by the
20school administrator. The format and content of the
21certificate shall be specified by rule.
22    (f) All auction schools shall provide to the Department a
23roster of all successful course participants as provided by
24rule.
 
25    (225 ILCS 407/25-115 new)

 

 

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1    Sec. 25-115. Course approval.
2    (a) Only courses that are approved by the Department and
3offered by licensed auction schools shall be used to meet the
4requirements of this Act and rules.
5    (b) An auction school licensed under this Act may submit
6courses to the Department for approval. The criteria,
7requirements, and fees for courses shall be established by
8rule.
9    (c) For each course approved, the Department shall issue
10certification of course approval to the auction school. The
11term, expiration date, and renewal of a course approval shall
12be established by rule.
 
13    (225 ILCS 407/30-30)
14    (Section scheduled to be repealed on January 1, 2030)
15    Sec. 30-30. Auction Advisory Board.
16    (a) There is hereby created the Auction Advisory Board.
17The Advisory Board shall consist of 7 members and shall be
18appointed by the Secretary. In making the appointments, the
19Secretary shall give due consideration to the recommendations
20by members and organizations of the industry, including, but
21not limited to, the Illinois State Auctioneers Association.
22Five members of the Advisory Board shall be licensed
23auctioneers. One member shall be a public member who
24represents the interests of consumers and who is not licensed
25under this Act or the spouse of a person licensed under this

 

 

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1Act or who has any responsibility for management or formation
2of policy of or any financial interest in the auctioneering
3profession. One member shall be actively engaged in the real
4estate industry and licensed as a broker or managing broker.
5The Advisory Board shall annually elect, at its first meeting
6of the fiscal year, one of its members to serve as Chairperson.
7    (b) The members' terms shall be for 4 years and until a
8successor is appointed. No member shall be reappointed to the
9Board for a term that would cause the member's cumulative
10service to the Board to exceed 12 10 years. Appointments to
11fill vacancies shall be made by the Secretary for the
12unexpired portion of the term. To the extent practicable, the
13Secretary shall appoint members to ensure that the various
14geographic regions of the State are properly represented on
15the Advisory Board. The Secretary shall remove from the Board
16any member whose license has been revoked or suspended and may
17remove any member of the Board for neglect of duty,
18misconduct, incompetence, or for missing 2 board meetings
19during any one fiscal year.
20    (c) Four Board members shall constitute a quorum. A quorum
21is required for all Board decisions. A vacancy in the
22membership of the Board shall not impair the right of a quorum
23to exercise all of the rights and perform all of the duties of
24the Board.
25    (d) Each member of the Advisory Board may receive a per
26diem stipend in an amount to be determined by the Secretary.

 

 

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1While engaged in the performance of duties, each member shall
2be reimbursed for necessary expenses.
3    (e) Members of the Advisory Board shall be immune from
4suit in an action based upon any disciplinary proceedings or
5other acts performed in good faith as members of the Advisory
6Board.
7    (f) The Advisory Board shall meet as convened by the
8Department.
9    (g) The Advisory Board shall advise the Department on
10matters of licensing and education and make recommendations to
11the Department on those matters and shall hear and make
12recommendations to the Secretary on disciplinary matters that
13require a formal evidentiary hearing.
14    (h) The Secretary shall give due consideration to all
15recommendations of the Advisory Board.
16(Source: P.A. 102-970, eff. 5-27-22.)
 
17    Section 10. The Community Association Manager Licensing
18and Disciplinary Act is amended by changing Sections 25, 32,
1960, 85, 95, and 130 as follows:
 
20    (225 ILCS 427/25)
21    (Section scheduled to be repealed on January 1, 2027)
22    Sec. 25. Community Association Manager Licensing and
23Disciplinary Board.
24    (a) There is hereby created the Community Association

 

 

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1Manager Licensing and Disciplinary Board, which shall consist
2of 7 members appointed by the Secretary. All members must be
3residents of the State and must have resided in the State for
4at least 5 years immediately preceding the date of
5appointment. Five members of the Board must be licensees under
6this Act. Two members of the Board shall be owners of, or hold
7a shareholder's interest in, a unit in a community association
8at the time of appointment who are not licensees under this Act
9and have no direct affiliation with the community
10association's community association manager. This Board shall
11act in an advisory capacity to the Department.
12    (b) The term of each member shall be for 4 years and until
13that member's successor is appointed. No member shall be
14reappointed to the Board for a term that would cause the
15member's cumulative service to the Board to exceed 12 10
16years. Appointments to fill vacancies shall be made by the
17Secretary for the unexpired portion of the term. The Secretary
18shall remove from the Board any member whose license has
19become void or has been revoked or suspended and may remove any
20member of the Board for neglect of duty, misconduct, or
21incompetence, or for missing 2 board meetings during any one
22fiscal year. A member who is subject to formal disciplinary
23proceedings shall be disqualified from all Board business
24until the charge is resolved. A member also shall be
25disqualified from any matter on which the member cannot act
26objectively.

 

 

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1    (c) Four Board members shall constitute a quorum. A quorum
2is required for all Board decisions. A vacancy in the
3membership of the Board shall not impair the right of a quorum
4to exercise all of the rights and perform all of the duties of
5the Board.
6    (d) The Board shall elect annually, at its first meeting
7of the fiscal year, a chairperson and vice chairperson.
8    (e) Each member shall be reimbursed for necessary expenses
9incurred in carrying out the duties as a Board member. The
10Board may receive a per diem stipend in an amount to be
11determined by the Secretary.
12    (f) The Board may recommend policies, procedures, and
13rules relevant to the administration and enforcement of this
14Act.
15    (g) Members of the Board shall be immune from suit in an
16action based upon any disciplinary proceedings or other acts
17performed in good faith as members of the Board.
18(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
 
19    (225 ILCS 427/32)
20    (Section scheduled to be repealed on January 1, 2027)
21    Sec. 32. Social Security Number or Individual Taxpayer
22Federal Tax Identification Number on license application. In
23addition to any other information required to be contained in
24the application, every application for an original license
25under this Act shall include the applicant's Social Security

 

 

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1Number or Individual Taxpayer Federal Tax Identification
2Number, which shall be retained in the Department's records
3pertaining to the license. As soon as practical, the
4Department shall assign a customer's identification number to
5each applicant for a license.
6    Every application for a renewal or restored license shall
7require the applicant's customer identification number.
8(Source: P.A. 97-400, eff. 1-1-12; 98-365, eff. 1-1-14.)
 
9    (225 ILCS 427/60)
10    (Section scheduled to be repealed on January 1, 2027)
11    Sec. 60. Licenses; renewals; restoration; person in
12military service.
13    (a) The expiration date, fees, and renewal period for each
14license issued under this Act shall be set by rule. The
15Department may promulgate rules requiring continuing education
16and set all necessary requirements for such, including, but
17not limited to, fees, approved coursework, number of hours,
18and waivers of continuing education.
19    (b) Any licensee who has an expired license may have the
20license restored by applying to the Department and filing
21proof acceptable to the Department of fitness to have the
22expired license restored, which may include sworn evidence
23certifying to active practice in another jurisdiction
24satisfactory to the Department, complying with any continuing
25education requirements, and paying the required restoration

 

 

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1fee.
2    (c) Any person whose license expired while (i) in federal
3service on active duty with the Armed Forces of the United
4States or called into service or training with the State
5Militia, or (ii) in training or education under the
6supervision of the United States preliminary to induction into
7the military service, or (iii) serving as an employee of the
8Department may have the license renewed or restored without
9paying any lapsed renewal fees and without completing the
10continuing education requirements for that licensure period
11if, within 2 years after honorable termination of the service,
12training, or education, except under condition other than
13honorable, the licensee furnishes the Department with
14satisfactory evidence of engagement and that the service,
15training, or education has been so honorably terminated.
16    (d) A community association manager or community
17association management firm that notifies the Department, in a
18manner prescribed by the Department, may place the license on
19inactive status for a period not to exceed 2 years and shall be
20excused from the payment of renewal fees until the person
21notifies the Department in writing of the intention to resume
22active practice.
23    (e) A community association manager or community
24association management firm requesting that the license be
25changed from inactive to active status shall be required to
26pay the current renewal fee and shall also demonstrate

 

 

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1compliance with the continuing education requirements.
2    (f) No licensee with a nonrenewed or inactive license
3status or community association management firm operating
4without a designated community association manager shall
5provide community association management services as set forth
6in this Act.
7    (g) Any person violating subsection (f) of this Section
8shall be considered to be practicing without a license and
9will be subject to the disciplinary provisions of this Act.
10    (h) The Department shall not issue or renew a license if
11the applicant or licensee has an unpaid fine or fee from a
12disciplinary matter or from a non-disciplinary action imposed
13by the Department until the fine or fee is paid to the
14Department or the applicant or licensee has entered into a
15payment plan and is current on the required payments.
16    (i) The Department shall not issue or renew a license if
17the applicant or licensee has an unpaid fine or civil penalty
18imposed by the Department for unlicensed practice until the
19fine or civil penalty is paid to the Department or the
20applicant or licensee has entered into a payment plan and is
21current on the required payments.
22(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
 
23    (225 ILCS 427/85)
24    (Section scheduled to be repealed on January 1, 2027)
25    Sec. 85. Grounds for discipline; refusal, revocation, or

 

 

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1suspension.
2    (a) The Department may refuse to issue or renew a license,
3or may place on probation, reprimand, suspend, or revoke any
4license, or take any other disciplinary or non-disciplinary
5action as the Department may deem proper and impose a fine not
6to exceed $10,000 for each violation upon any licensee or
7applicant under this Act or any person or entity who holds
8oneself out as an applicant or licensee for any one or
9combination of the following causes:
10        (1) Material misstatement in furnishing information to
11    the Department.
12        (2) Violations of this Act or its rules.
13        (3) Conviction of or entry of a plea of guilty or plea
14    of nolo contendere, as set forth in subsection (f) of
15    Section 40, to (i) a felony or a misdemeanor under the laws
16    of the United States, any state, or any other jurisdiction
17    or entry of an administrative sanction by a government
18    agency in this State or any other jurisdiction or (ii) a
19    crime that subjects the licensee to compliance with the
20    requirements of the Sex Offender Registration Act; or the
21    entry of an administrative sanction by a government agency
22    in this State or any other jurisdiction.
23        (4) Making any misrepresentation for the purpose of
24    obtaining a license or violating any provision of this Act
25    or its rules.
26        (5) Professional incompetence.

 

 

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1        (6) Gross negligence.
2        (7) Aiding or assisting another person in violating
3    any provision of this Act or its rules.
4        (8) Failing, within 30 days, to provide information in
5    response to a request made by the Department.
6        (9) Engaging in dishonorable, unethical, or
7    unprofessional conduct of a character likely to deceive,
8    defraud, or harm the public as defined by the rules of the
9    Department, or violating the rules of professional conduct
10    adopted by the Department.
11        (10) Habitual or excessive use or addiction to
12    alcohol, narcotics, stimulants, or any other chemical
13    agent or drug that results in the inability to practice
14    with reasonable judgment, skill, or safety.
15        (11) Having been disciplined by another state, the
16    District of Columbia, a territory, a foreign nation, or a
17    governmental agency authorized to impose discipline if at
18    least one of the grounds for the discipline is the same or
19    substantially equivalent of one of the grounds for which a
20    licensee may be disciplined under this Act. A certified
21    copy of the record of the action by the other state or
22    jurisdiction shall be prima facie evidence thereof.
23        (12) Directly or indirectly giving to or receiving
24    from any person, firm, corporation, partnership, or
25    association any fee, commission, rebate, or other form of
26    compensation for any services not actually or personally

 

 

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1    rendered.
2        (13) A finding by the Department that the licensee,
3    after having the license placed on probationary status,
4    has violated the terms of probation.
5        (14) Willfully making or filing false records or
6    reports relating to a licensee's practice, including, but
7    not limited to, false records filed with any State or
8    federal agencies or departments.
9        (15) Being named as a perpetrator in an indicated
10    report by the Department of Children and Family Services
11    under the Abused and Neglected Child Reporting Act and
12    upon proof by clear and convincing evidence that the
13    licensee has caused a child to be an abused child or
14    neglected child as defined in the Abused and Neglected
15    Child Reporting Act.
16        (16) Physical illness or mental illness or impairment
17    that results in the inability to practice the profession
18    with reasonable judgment, skill, or safety.
19        (17) Solicitation of professional services by using
20    false or misleading advertising.
21        (18) A finding that licensure has been applied for or
22    obtained by fraudulent means.
23        (19) Practicing or attempting to practice under a name
24    other than the full name as shown on the license or any
25    other legally authorized name unless approved by the
26    Department.

 

 

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1        (20) Gross overcharging for professional services
2    including, but not limited to, (i) collection of fees or
3    moneys for services that are not rendered; and (ii)
4    charging for services that are not in accordance with the
5    contract between the licensee and the community
6    association.
7        (21) Improper commingling of personal and client funds
8    in violation of this Act or any rules promulgated thereto.
9        (22) Failing to account for or remit any moneys or
10    documents coming into the licensee's possession that
11    belong to another person or entity.
12        (23) Giving differential treatment to a person that is
13    to that person's detriment on the basis of race, color,
14    sex, ancestry, age, order of protection status, marital
15    status, physical or mental disability, military status,
16    unfavorable discharge from military status, sexual
17    orientation, pregnancy, religion, or national origin.
18        (24) Performing and charging for services without
19    reasonable authorization to do so from the person or
20    entity for whom service is being provided.
21        (25) Failing to make available to the Department, upon
22    request, any books, records, or forms required by this
23    Act.
24        (26) Purporting to be a designated community
25    association manager of a firm without active participation
26    in the firm and having been designated as such.

 

 

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1        (27) Failing to make available to the Department at
2    the time of the request any indicia of licensure issued
3    under this Act.
4        (28) Failing to maintain and deposit funds belonging
5    to a community association in accordance with subsection
6    (b) of Section 55 of this Act.
7        (29) Violating the terms of any a disciplinary order
8    issued by the Department.
9        (30) Operating a community association management firm
10    without a designated community association manager who
11    holds an active community association manager license.
12        (31) For a designated community association manager,
13    failing to meet the requirements for acting as a
14    designated community association manager.
15        (32) Failing to disclose to a community association
16    any compensation received by a licensee from a third party
17    in connection with or related to a transaction entered
18    into by the licensee on behalf of the community
19    association.
20        (33) Failing to disclose to a community association,
21    at the time of making the referral, that a licensee (A) has
22    greater than a 1% ownership interest in a third party to
23    which it refers the community association; or (B) receives
24    or may receive dividends or other profit sharing
25    distributions from a third party, other than a publicly
26    held or traded company, to which it refers the community

 

 

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1    association.
2    (b) (Blank).
3    (c) The determination by a circuit court that a licensee
4is subject to involuntary admission or judicial admission, as
5provided in the Mental Health and Developmental Disabilities
6Code, operates as an automatic suspension. The suspension will
7terminate only upon a finding by a court that the patient is no
8longer subject to involuntary admission or judicial admission
9and the issuance of an order so finding and discharging the
10patient, and upon the recommendation of the Board to the
11Secretary that the licensee be allowed to resume practice as a
12licensed community association manager.
13    (d) In accordance with subsection (g) of Section 2105-15
14of the Department of Professional Regulation Law of the Civil
15Administrative Code of Illinois (20 ILCS 2105/2105-15), the
16Department may refuse to issue or renew or may suspend the
17license of any person who fails to file a return, to pay the
18tax, penalty, or interest shown in a filed return, or to pay
19any final assessment of tax, penalty, or interest, as required
20by any tax Act administered by the Department of Revenue,
21until such time as the requirements of that tax Act are
22satisfied.
23    (e) In accordance with subdivision (a)(5) of Section
242105-15 of the Department of Professional Regulation Law of
25the Civil Administrative Code of Illinois (20 ILCS
262105/2105-15) and in cases where the Department of Healthcare

 

 

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1and Family Services (formerly Department of Public Aid) has
2previously determined that a licensee or a potential licensee
3is more than 30 days delinquent in the payment of child support
4and has subsequently certified the delinquency to the
5Department, the Department may refuse to issue or renew or may
6revoke or suspend that person's license or may take other
7disciplinary action against that person based solely upon the
8certification of delinquency made by the Department of
9Healthcare and Family Services.
10    (f) (Blank).
11(Source: P.A. 102-20, eff. 1-1-22.)
 
12    (225 ILCS 427/95)
13    (Section scheduled to be repealed on January 1, 2027)
14    Sec. 95. Investigation; notice and hearing. The
15Department may investigate the actions or qualifications of a
16person, which includes an entity, or other business applying
17for, holding or claiming to hold, or holding oneself out as
18having a license or rendering or offering to render services
19for which a license is required by this Act and may notify
20their designated community association manager, if any, of the
21pending investigation. Before suspending, revoking, placing on
22probationary status, or taking any other disciplinary action
23as the Department may deem proper with regard to any license,
24at least 30 days before the date set for the hearing, the
25Department shall (i) notify the person charged accused and the

 

 

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1person's their designated community association manager, if
2any, in writing of any charges made and the time and place for
3a hearing on the charges before the Board, (ii) direct the
4person accused to file a written answer to the charges with the
5Board under oath within 20 days after the service on the person
6accused of such notice, and (iii) inform the person accused
7that if the person accused fails to file an answer, default
8will be taken against the person accused and the license of the
9person accused may be suspended, revoked, placed on
10probationary status, or other disciplinary action taken with
11regard to the license, including limiting the scope, nature,
12or extent of related practice, as the Department may deem
13proper. The Department shall serve notice under this Section
14by regular or electronic mail to the person's applicant's or
15licensee's last address of record or email address of record
16as provided to the Department. If the person accused fails to
17file an answer after receiving notice, the license may, in the
18discretion of the Department, be suspended, revoked, or placed
19on probationary status, or the Department may take whatever
20disciplinary action deemed proper, including limiting the
21scope, nature, or extent of the person's practice or the
22imposition of a fine, without a hearing, if the act or acts
23charged constitute sufficient grounds for such action under
24this Act. The answer shall be served by personal delivery or
25regular mail or electronic mail to the Department. At the time
26and place fixed in the notice, the Department shall proceed to

 

 

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1hear the charges and the parties or their counsel shall be
2accorded ample opportunity to present such statements,
3testimony, evidence, and argument as may be pertinent to the
4charges or to the defense thereto. The Department may continue
5such hearing from time to time. At the discretion of the
6Secretary after having first received the recommendation of
7the Board, the accused person's license may be suspended,
8revoked, or placed on probationary status or the Department
9may take whatever disciplinary action considered proper,
10including limiting the scope, nature, or extent of the
11person's practice or the imposition of a fine if the act or
12acts charged constitute sufficient grounds for that action
13under this Act. A copy of the Department's final disciplinary
14order shall be delivered to the person's accused's designated
15community association manager or may be sent to the community
16association that , if the accused is directly employs the
17person employed by a community association, to the board of
18managers of that association if known to the Department.
19(Source: P.A. 102-20, eff. 1-1-22.)
 
20    (225 ILCS 427/130)
21    (Section scheduled to be repealed on January 1, 2027)
22    Sec. 130. Restoration of suspended or revoked license. At
23any time after the successful completion of a term of
24suspension, or revocation, or probation of a license, the
25Department may restore it to the licensee, upon the written

 

 

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1recommendation of the Board, unless after an investigation and
2a hearing the Board determines that restoration is not in the
3public interest.
4(Source: P.A. 96-726, eff. 7-1-10.)
 
5    Section 15. The Home Inspector License Act is amended by
6changing Sections 5-10, 5-14, 5-16, 5-17, 15-10, 15-11, 15-15,
7and 25-27 as follows:
 
8    (225 ILCS 441/5-10)
9    (Section scheduled to be repealed on January 1, 2027)
10    Sec. 5-10. Application for home inspector license.
11    (a) Every natural person who desires to obtain a home
12inspector license shall:
13        (1) apply to the Department in a manner prescribed by
14    the Department and accompanied by the required fee; all
15    applications shall contain the information that, in the
16    judgment of the Department, enables the Department to pass
17    on the qualifications of the applicant for a license to
18    practice as a home inspector as set by rule;
19        (2) be at least 18 years of age;
20        (3) successfully complete a 4-year course of study in
21    a high school or secondary school or an equivalent course
22    of study approved by the state in which the school is
23    located, or possess a State of Illinois High School
24    Diploma, which shall be verified under oath by the

 

 

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1    applicant;
2        (4) personally take and pass a written examination and
3    a field examination authorized by the Department; and
4        (5) prior to taking the examination, provide evidence
5    to the Department that the applicant has successfully
6    completed the prerequisite classroom hours of instruction
7    in home inspection, as established by rule.
8    (b) The Department shall not require applicants to report
9the following information and shall not consider the following
10criminal history records in connection with an application for
11licensure or registration:
12        (1) juvenile adjudications of delinquent minors as
13    defined in Section 5-105 of the Juvenile Court Act of 1987
14    subject to the restrictions set forth in Section 5-130 of
15    that Act;
16        (2) law enforcement records, court records, and
17    conviction records of an individual who was 17 years old
18    at the time of the offense and before January 1, 2014,
19    unless the nature of the offense required the individual
20    to be tried as an adult;
21        (3) records of arrest not followed by a charge or
22    conviction;
23        (4) records of arrest where the charges were dismissed
24    unless related to the practice of the profession; however,
25    applicants shall not be asked to report any arrests, and
26    an arrest not followed by a conviction shall not be the

 

 

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1    basis of denial and may be used only to assess an
2    applicant's rehabilitation;
3        (5) convictions overturned by a higher court; or
4        (6) convictions or arrests that have been sealed or
5    expunged.
6    (c) An applicant or licensee shall report to the
7Department, in a manner prescribed by the Department, upon
8application and within 30 days after the occurrence, if during
9the term of licensure, (i) any conviction of or plea of guilty
10or nolo contendere to forgery, embezzlement, obtaining money
11under false pretenses, larceny, extortion, conspiracy to
12defraud, or any similar offense or offenses or any conviction
13of a felony involving moral turpitude, (ii) the entry of an
14administrative sanction by a government agency in this State
15or any other jurisdiction that has as an essential element
16dishonesty or fraud or involves larceny, embezzlement, or
17obtaining money, property, or credit by false pretenses, or
18(iii) a crime that subjects the licensee to compliance with
19the requirements of the Sex Offender Registration Act.
20    (d) Applicants have 3 years after the date of the
21application to complete the application process. If the
22process has not been completed within 3 years, the application
23shall be denied, the fee forfeited, and the applicant must
24reapply and meet the requirements in effect at the time of
25reapplication.
26(Source: P.A. 102-20, eff. 1-1-22; 102-1100, eff. 1-1-23.)
 

 

 

HB2207 Engrossed- 36 -LRB103 27667 AMQ 54044 b

1    (225 ILCS 441/5-14)
2    (Section scheduled to be repealed on January 1, 2027)
3    Sec. 5-14. Social Security Number or Individual Taxpayer
4Identification Number on license application. In addition to
5any other information required to be contained in the
6application, every application for an original, renewal,
7reinstated, or restored license under this Act shall include
8the applicant's Social Security Number or Individual Taxpayer
9Identification Number.
10(Source: P.A. 97-226, eff. 7-28-11.)
 
11    (225 ILCS 441/5-16)
12    (Section scheduled to be repealed on January 1, 2027)
13    Sec. 5-16. Renewal of license.
14    (a) The expiration date and renewal period for a home
15inspector license issued under this Act shall be set by rule.
16Except as otherwise provided in subsections (b) and (c) of
17this Section, the holder of a license may renew the license
18within 90 days preceding the expiration date by:
19        (1) completing and submitting to the Department a
20    renewal application in a manner prescribed by the
21    Department;
22        (2) paying the required fees; and
23        (3) providing evidence of successful completion of the
24    continuing education requirements through courses approved

 

 

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1    by the Department given by education providers licensed by
2    the Department, as established by rule.
3    (b) A home inspector whose license under this Act has
4expired may renew the license for a period of 2 years following
5the expiration date by complying with the requirements of
6subparagraphs (1), (2), and (3) of subsection (a) of this
7Section and paying any late penalties established by rule.
8    (c) Notwithstanding subsection (b), a home inspector whose
9license under this Act has expired may renew the license
10without paying any lapsed renewal fees or late penalties and
11without completing the continuing education requirements for
12that licensure period if (i) the license expired while the
13home inspector was (i) in federal service on active duty with
14the Armed Forces of the United States or called into service or
15training with the State Militia, (ii) in training or education
16under the supervision of the United States preliminary to
17induction into the military service, or (iii) serving as an
18employee of the Department and within 2 years after the
19termination of the service, training, or education, the
20licensee furnishes the Department with satisfactory evidence
21of service, training, or education and was terminated under
22honorable conditions on active duty with the United States
23Armed Services, (ii) application for renewal is made within 2
24years following the termination of the military service or
25related education, training, or employment, and (iii) the
26applicant furnishes to the Department an affidavit that the

 

 

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1applicant was so engaged.
2    (d) The Department shall provide reasonable care and due
3diligence to ensure that each licensee under this Act is
4provided a renewal application at least 90 days prior to the
5expiration date, but it is the responsibility of each licensee
6to renew the license prior to its expiration date.
7    (e) The Department shall not issue or renew a license if
8the applicant or licensee has an unpaid fine or fee from a
9disciplinary matter or from a non-disciplinary action imposed
10by the Department until the fine or fee is paid to the
11Department or the applicant or licensee has entered into a
12payment plan and is current on the required payments.
13    (f) The Department shall not issue or renew a license if
14the applicant or licensee has an unpaid fine or civil penalty
15imposed by the Department for unlicensed practice until the
16fine or civil penalty is paid to the Department or the
17applicant or licensee has entered into a payment plan and is
18current on the required payments.
19    (g) A home inspector who notifies the Department, in a
20manner prescribed by the Department, may place the license on
21inactive status for a period not to exceed 2 years and shall be
22excused from the payment of renewal fees until the person
23notifies the Department in writing of the intention to resume
24active practice.
25    (h) A home inspector requesting that the license be
26changed from inactive to active status shall be required to

 

 

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1pay the current renewal fee and shall also demonstrate
2compliance with the continuing education requirements.
3    (i) No licensee with a nonrenewed or inactive license
4status shall provide home inspection services as set forth in
5this Act.
6(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
 
7    (225 ILCS 441/5-17)
8    (Section scheduled to be repealed on January 1, 2027)
9    Sec. 5-17. Renewal of home inspector license; entity.
10    (a) The expiration date and renewal period for a home
11inspector license for an entity that is not a natural person
12shall be set by rule. The holder of a license may renew the
13license within 90 days preceding the expiration date by
14completing and submitting to the Department a renewal
15application in a manner prescribed by the Department and
16paying the required fees.
17    (b) An entity that is not a natural person whose license
18under this Act has expired may renew the license for a period
19of 2 years following the expiration date by complying with the
20requirements of subsection (a) of this Section and paying any
21late penalties established by rule.
22    (c) The Department shall not issue or renew a license if
23the applicant or licensee has an unpaid fine or fee from a
24disciplinary matter or from a non-disciplinary action imposed
25by the Department until the fine or fee is paid to the

 

 

HB2207 Engrossed- 40 -LRB103 27667 AMQ 54044 b

1Department or the applicant or licensee has entered into a
2payment plan and is current on the required payments.
3    (d) The Department shall not issue or renew a license if
4the applicant or licensee has an unpaid fine or civil penalty
5imposed by the Department for unlicensed practice until the
6fine or civil penalty is paid to the Department or the
7applicant or licensee has entered into a payment plan and is
8current on the required payments.
9(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
 
10    (225 ILCS 441/15-10)
11    (Section scheduled to be repealed on January 1, 2027)
12    Sec. 15-10. Grounds for disciplinary action.
13    (a) The Department may refuse to issue or renew, or may
14revoke, suspend, place on probation, reprimand, or take other
15disciplinary or non-disciplinary action as the Department may
16deem appropriate, including imposing fines not to exceed
17$25,000 for each violation upon any licensee or applicant
18under this Act or any person or entity who holds oneself out as
19an applicant or licensee , with regard to any license for any
20one or combination of the following:
21        (1) Fraud or misrepresentation in applying for, or
22    procuring a license under this Act or in connection with
23    applying for renewal of a license under this Act.
24        (2) Failing to meet the minimum qualifications for
25    licensure as a home inspector established by this Act.

 

 

HB2207 Engrossed- 41 -LRB103 27667 AMQ 54044 b

1        (3) Paying money, other than for the fees provided for
2    by this Act, or anything of value to an employee of the
3    Department to procure licensure under this Act.
4        (4) Conviction of, or plea of guilty or nolo
5    contendere, or finding as enumerated in subsection (c) of
6    Section 5-10, under the laws of any jurisdiction of the
7    United States: (i) that is a felony, misdemeanor, or
8    administrative sanction, or (ii) that is a crime that
9    subjects the licensee to compliance with the requirements
10    of the Sex Offender Registration Act.
11        (5) Committing an act or omission involving
12    dishonesty, fraud, or misrepresentation with the intent to
13    substantially benefit the licensee or another person or
14    with the intent to substantially injure another person.
15        (6) Violating a provision or standard for the
16    development or communication of home inspections as
17    provided in Section 10-5 of this Act or as defined in the
18    rules.
19        (7) Failing or refusing to exercise reasonable
20    diligence in the development, reporting, or communication
21    of a home inspection report, as defined by this Act or the
22    rules.
23        (8) Violating a provision of this Act or the rules.
24        (9) Having been disciplined by another state, the
25    District of Columbia, a territory, a foreign nation, a
26    governmental agency, or any other entity authorized to

 

 

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1    impose discipline if at least one of the grounds for that
2    discipline is the same as or substantially equivalent to
3    one of the grounds for which a licensee may be disciplined
4    under this Act.
5        (10) Engaging in dishonorable, unethical, or
6    unprofessional conduct of a character likely to deceive,
7    defraud, or harm the public.
8        (11) Accepting an inspection assignment when the
9    employment itself is contingent upon the home inspector
10    reporting a predetermined analysis or opinion, or when the
11    fee to be paid is contingent upon the analysis, opinion,
12    or conclusion reached or upon the consequences resulting
13    from the home inspection assignment.
14        (12) Developing home inspection opinions or
15    conclusions based on the race, color, religion, sex,
16    national origin, ancestry, age, marital status, family
17    status, physical or mental disability, military status,
18    unfavorable discharge from military status, sexual
19    orientation, order of protection status, or pregnancy, or
20    any other protected class as defined under the Illinois
21    Human Rights Act, of the prospective or present owners or
22    occupants of the area or property under home inspection.
23        (13) Being adjudicated liable in a civil proceeding on
24    grounds of fraud, misrepresentation, or deceit. In a
25    disciplinary proceeding based upon a finding of civil
26    liability, the home inspector shall be afforded an

 

 

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1    opportunity to present mitigating and extenuating
2    circumstances, but may not collaterally attack the civil
3    adjudication.
4        (14) Being adjudicated liable in a civil proceeding
5    for violation of a State or federal fair housing law.
6        (15) Engaging in misleading or untruthful advertising
7    or using a trade name or insignia of membership in a home
8    inspection organization of which the licensee is not a
9    member.
10        (16) Failing, within 30 days, to provide information
11    in response to a written request made by the Department.
12        (17) Failing to include within the home inspection
13    report the home inspector's license number and the date of
14    expiration of the license. The names of (i) all persons
15    who conducted the home inspection; and (ii) all persons
16    who prepared the subsequent written evaluation or any part
17    thereof must be disclosed in the report. It is a violation
18    of this Act for a home inspector to sign a home inspection
19    report knowing that the names of all such persons have not
20    been disclosed in the home inspection report.
21        (18) Advising a client as to whether the client should
22    or should not engage in a transaction regarding the
23    residential real property that is the subject of the home
24    inspection.
25        (19) Performing a home inspection in a manner that
26    damages or alters the residential real property that is

 

 

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1    the subject of the home inspection without the consent of
2    the owner.
3        (20) Performing a home inspection when the home
4    inspector is providing or may also provide other services
5    in connection with the residential real property or
6    transaction, or has an interest in the residential real
7    property, without providing prior written notice of the
8    potential or actual conflict and obtaining the prior
9    consent of the client as provided by rule.
10        (21) Aiding or assisting another person in violating
11    any provision of this Act or rules adopted under this Act.
12        (22) Inability to practice with reasonable judgment,
13    skill, or safety as a result of habitual or excessive use
14    or addiction to alcohol, narcotics, stimulants, or any
15    other chemical agent or drug.
16        (23) A finding by the Department that the licensee,
17    after having the license placed on probationary status,
18    has violated the terms of probation.
19        (24) Willfully making or filing false records or
20    reports related to the practice of home inspection,
21    including, but not limited to, false records filed with
22    State agencies or departments.
23        (25) Charging for professional services not rendered,
24    including filing false statements for the collection of
25    fees for which services are not rendered.
26        (26) Practicing under a false or, except as provided

 

 

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1    by law, an assumed name.
2        (27) Cheating on or attempting to subvert the
3    licensing examination administered under this Act.
4        (28) Engaging in any of the following prohibited
5    fraudulent, false, deceptive, or misleading advertising
6    practices:
7            (i) advertising as a home inspector or operating a
8        home inspection business entity unless there is a duly
9        licensed home inspector responsible for all inspection
10        activities and all inspections;
11            (ii) advertising that contains a misrepresentation
12        of facts or false statements regarding the licensee's
13        professional achievements, degrees, training, skills,
14        or qualifications in the home inspection profession or
15        any other profession requiring licensure;
16            (iii) advertising that makes only a partial
17        disclosure of relevant facts related to pricing or
18        home inspection services; and
19            (iv) advertising that claims this State or any of
20        its political subdivisions endorse the home inspection
21        report or its contents.
22        (29) Disclosing, except as otherwise required by law,
23    inspection results or client information obtained without
24    the client's written consent. A home inspector shall not
25    deliver a home inspection report to any person other than
26    the client of the home inspector without the client's

 

 

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1    written consent.
2        (30) Providing fees, gifts, waivers of liability, or
3    other forms of compensation or gratuities to persons
4    licensed under any real estate professional licensing act
5    in this State as consideration or inducement for the
6    referral of business.
7        (31) Violating the terms of any order issued by the
8    Department.
9    (b) The Department may suspend, revoke, or refuse to issue
10or renew an education provider's license, may reprimand, place
11on probation, or otherwise discipline an education provider
12licensee, and may suspend or revoke the course approval of any
13course offered by an education provider, for any of the
14following:
15        (1) Procuring or attempting to procure licensure by
16    knowingly making a false statement, submitting false
17    information, making any form of fraud or
18    misrepresentation, or refusing to provide complete
19    information in response to a question in an application
20    for licensure.
21        (2) Failing to comply with the covenants certified to
22    on the application for licensure as an education provider.
23        (3) Committing an act or omission involving
24    dishonesty, fraud, or misrepresentation or allowing any
25    such act or omission by any employee or contractor under
26    the control of the education provider.

 

 

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1        (4) Engaging in misleading or untruthful advertising.
2        (5) Failing to retain competent instructors in
3    accordance with rules adopted under this Act.
4        (6) Failing to meet the topic or time requirements for
5    course approval as the provider of a pre-license
6    curriculum course or a continuing education course.
7        (7) Failing to administer an approved course using the
8    course materials, syllabus, and examinations submitted as
9    the basis of the course approval.
10        (8) Failing to provide an appropriate classroom
11    environment for presentation of courses, with
12    consideration for student comfort, acoustics, lighting,
13    seating, workspace, and visual aid material.
14        (9) Failing to maintain student records in compliance
15    with the rules adopted under this Act.
16        (10) Failing to provide a certificate, transcript, or
17    other student record to the Department or to a student as
18    may be required by rule.
19        (11) Failing to fully cooperate with a Department
20    investigation by knowingly making a false statement,
21    submitting false or misleading information, or refusing to
22    provide complete information in response to written
23    interrogatories or a written request for documentation
24    within 30 days of the request.
25    (c) (Blank).
26    (d) The Department may refuse to issue or may suspend

 

 

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1without hearing, as provided for in the Code of Civil
2Procedure, the license of any person who fails to file a tax
3return, to pay the tax, penalty, or interest shown in a filed
4tax return, or to pay any final assessment of tax, penalty, or
5interest, as required by any tax Act administered by the
6Illinois Department of Revenue, until such time as the
7requirements of the tax Act are satisfied in accordance with
8subsection (g) of Section 2105-15 of the Civil Administrative
9Code of Illinois.
10    (e) (Blank).
11    (f) In cases where the Department of Healthcare and Family
12Services has previously determined that a licensee or a
13potential licensee is more than 30 days delinquent in the
14payment of child support and has subsequently certified the
15delinquency to the Department, the Department may refuse to
16issue or renew or may revoke or suspend that person's license
17or may take other disciplinary action against that person
18based solely upon the certification of delinquency made by the
19Department of Healthcare and Family Services in accordance
20with item (5) of subsection (a) of Section 2105-15 of the Civil
21Administrative Code of Illinois.
22    (g) The determination by a circuit court that a licensee
23is subject to involuntary admission or judicial admission, as
24provided in the Mental Health and Developmental Disabilities
25Code, operates as an automatic suspension. The suspension will
26end only upon a finding by a court that the patient is no

 

 

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1longer subject to involuntary admission or judicial admission
2and the issuance of a court order so finding and discharging
3the patient.
4    (h) (Blank).
5(Source: P.A. 102-20, eff. 1-1-22.)
 
6    (225 ILCS 441/15-11)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 15-11. Illegal discrimination. When there has been an
9adjudication in a civil or criminal proceeding that a licensee
10has illegally discriminated while engaged in any activity for
11which a license is required under this Act, the Department,
12upon the determination by recommendation of the Secretary
13Board as to the extent of the suspension or revocation, shall
14suspend or revoke the license of that licensee in a timely
15manner, unless the adjudication is in the appeal process. When
16there has been an order in an administrative proceeding
17finding that a licensee has illegally discriminated while
18engaged in any activity for which a license is required under
19this Act, the Department, upon the determination by
20recommendation of the Secretary Board as to the nature and
21extent of the discipline, shall take one or more of the
22disciplinary actions provided for in Section 15-10 of this Act
23in a timely manner, unless the administrative order is in the
24appeal process.
25(Source: P.A. 102-970, eff. 5-27-22.)
 

 

 

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1    (225 ILCS 441/15-15)
2    (Section scheduled to be repealed on January 1, 2027)
3    Sec. 15-15. Investigation; notice; hearing. The Department
4may investigate the actions of any person who is an applicant,
5or licensee, or of any person or persons rendering or offering
6to render home inspection services, or any person holding or
7claiming to hold a license as a home inspector. The Department
8shall, before refusing to issue or renew a license or to
9discipline a person licensee pursuant to Section 15-10, at
10least 30 days prior to the date set for the hearing, (i) notify
11the person charged accused in writing and the person's
12managing licensed home inspector, if any, of the charges made
13and the time and place for the hearing on the charges, (ii)
14direct the person licensee or applicant to file a written
15answer with the Department under oath within 20 days after the
16service of the notice, and (iii) inform the person applicant
17or licensee that failure to file an answer will result in a
18default judgment being entered against the person applicant or
19licensee. At the time and place fixed in the notice, the
20Department shall proceed to hear the charges and the parties
21of their counsel shall be accorded ample opportunity to
22present any pertinent statements, testimony, evidence, and
23arguments. The Department may continue the hearing from time
24to time. In case the person, after receiving the notice, fails
25to file an answer, the license, may, in the discretion of the

 

 

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1Department, be revoked, suspended, placed on probationary
2status, or the Department may take whatever disciplinary
3actions considered proper, including limiting the scope,
4nature, or extent of the person's practice or the imposition
5of a fine, without a hearing, if the act or acts charged
6constitute sufficient grounds for that action under the Act.
7The notice may be served by personal delivery, by mail, or, at
8the discretion of the Department, by electronic means to the
9address of record or email address of record specified by the
10person accused as last updated with the Department.
11    A copy of the hearing officer's report or any Order of
12Default, along with a copy of the original complaint giving
13rise to the action, shall be served upon the applicant,
14licensee, or unlicensed person by the Department to the
15applicant, licensee, or unlicensed individual in the manner
16provided in this Act for the service of a notice of hearing.
17Within 20 days after service, the person applicant or licensee
18may present to the Department a motion in writing for a
19rehearing, which shall specify the particular grounds for
20rehearing. If the person orders from the reporting service and
21pays for a transcript of the record within the time for filing
22a motion for rehearing, then the 20-day period during which a
23motion may be filed shall commence upon the delivery of the
24transcript to the applicant or licensee. The Department may
25respond to the motion, or if a motion for rehearing is denied,
26then upon denial, the Secretary may enter an order in

 

 

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1accordance with the recommendations of the hearing officer. A
2copy of the Department's final disciplinary order shall be
3delivered to the person and the person's managing home
4inspector, if any. If the applicant or licensee orders from
5the reporting service and pays for a transcript of the record
6within the time for filing a motion for rehearing, then the
720-day period during which a motion may be filed shall
8commence upon the delivery of the transcript to the applicant
9or licensee.
10(Source: P.A. 102-20, eff. 1-1-22.)
 
11    (225 ILCS 441/25-27)
12    (Section scheduled to be repealed on January 1, 2027)
13    Sec. 25-27. Subpoenas; depositions; oaths.
14    (a) The Department may subpoena and bring before it any
15person to take oral or written testimony or compel the
16production of any books, papers, records, or any other
17documents the Secretary or the Secretary's designee deems
18relevant or material to any investigation or hearing conducted
19by the Department with the same fees and in the same manner as
20prescribed in civil cases in the courts of this State.
21    (b) Any circuit court, upon the application of the
22licensee or the Department, may order the attendance and
23testimony of witnesses and the production of relevant
24documents, files, records, books, and papers in connection
25with any hearing or investigation. The circuit court may

 

 

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1compel obedience to its order by proceedings for contempt.
2    (c) The Secretary or the Secretary's designee, the hearing
3officer, any member of the Board, or a certified shorthand
4court reporter may administer oaths at any hearing the
5Department conducts. Notwithstanding any other statute or
6Department rule to the contrary, all requests for testimony,
7production of documents, or records shall be in accordance
8with this Act.
9(Source: P.A. 102-20, eff. 1-1-22.)
 
10    Section 20. The Real Estate License Act of 2000 is amended
11by changing Sections 1-10, 5-6, 5-10, 5-20, 5-29, 5-50, 5-60,
125-75, 10-25, 10-30, 20-20, 20-20.1, 20-22, 20-23, 20-25,
1320-60, 20-69, 20-72, 25-10, and 25-25 and by adding Section
1420-21.1 as follows:
 
15    (225 ILCS 454/1-10)
16    (Section scheduled to be repealed on January 1, 2030)
17    Sec. 1-10. Definitions. In this Act, unless the context
18otherwise requires:
19    "Act" means the Real Estate License Act of 2000.
20    "Address of record" means the designated address recorded
21by the Department in the applicant's or licensee's application
22file or license file as maintained by the Department.
23    "Agency" means a relationship in which a broker or
24licensee, whether directly or through an affiliated licensee,

 

 

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1represents a consumer by the consumer's consent, whether
2express or implied, in a real property transaction.
3    "Applicant" means any person, as defined in this Section,
4who applies to the Department for a valid license as a managing
5broker, broker, or residential leasing agent.
6    "Blind advertisement" means any real estate advertisement
7that is used by a licensee regarding the sale or lease of real
8estate, licensed activities, or the hiring of any licensee
9under this Act that does not include the sponsoring broker's
10complete business name or, in the case of electronic
11advertisements, does not provide a direct link to a display
12with all the required disclosures. The broker's business name
13in the case of a franchise shall include the franchise
14affiliation as well as the name of the individual firm.
15    "Board" means the Real Estate Administration and
16Disciplinary Board of the Department as created by Section
1725-10 of this Act.
18    "Broker" means an individual, entity, corporation, foreign
19or domestic partnership, limited liability company, registered
20limited liability partnership, or other business entity other
21than a residential leasing agent who, whether in person or
22through any media or technology, for another and for
23compensation, or with the intention or expectation of
24receiving compensation, either directly or indirectly:
25        (1) Sells, exchanges, purchases, rents, or leases real
26    estate.

 

 

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1        (2) Offers to sell, exchange, purchase, rent, or lease
2    real estate.
3        (3) Negotiates, offers, attempts, or agrees to
4    negotiate the sale, exchange, purchase, rental, or leasing
5    of real estate.
6        (4) Lists, offers, attempts, or agrees to list real
7    estate for sale, rent, lease, or exchange.
8        (5) Whether for another or themselves, engages in a
9    pattern of business of buying, selling, offering to buy or
10    sell, marketing for sale, exchanging, or otherwise dealing
11    in contracts, including assignable contracts for the
12    purchase or sale of, or options on real estate or
13    improvements thereon. For purposes of this definition, an
14    individual or entity will be found to have engaged in a
15    pattern of business if the individual or entity by itself
16    or with any combination of other individuals or entities,
17    whether as partners or common owners in another entity,
18    has engaged in one or more of these practices on 2 or more
19    occasions in any 12-month period.
20        (6) Supervises the collection, offer, attempt, or
21    agreement to collect rent for the use of real estate.
22        (7) Advertises or represents oneself as being engaged
23    in the business of buying, selling, exchanging, renting,
24    or leasing real estate.
25        (8) Assists or directs in procuring or referring of
26    leads or prospects, intended to result in the sale,

 

 

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1    exchange, lease, or rental of real estate.
2        (9) Assists or directs in the negotiation of any
3    transaction intended to result in the sale, exchange,
4    lease, or rental of real estate.
5        (10) Opens real estate to the public for marketing
6    purposes.
7        (11) Sells, rents, leases, or offers for sale or lease
8    real estate at auction.
9        (12) Prepares or provides a broker price opinion or
10    comparative market analysis as those terms are defined in
11    this Act, pursuant to the provisions of Section 10-45 of
12    this Act.
13    "Brokerage agreement" means a written or oral agreement
14between a sponsoring broker and a consumer for licensed
15activities, or the performance of future licensed activities,
16to be provided to a consumer in return for compensation or the
17right to receive compensation from another. Brokerage
18agreements may constitute either a bilateral or a unilateral
19agreement between the broker and the broker's client depending
20upon the content of the brokerage agreement. All exclusive
21brokerage agreements shall be in writing.
22    "Broker price opinion" means an estimate or analysis of
23the probable selling price of a particular interest in real
24estate, which may provide a varying level of detail about the
25property's condition, market, and neighborhood and information
26on comparable sales. The activities of a real estate broker or

 

 

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1managing broker engaging in the ordinary course of business as
2a broker, as defined in this Section, shall not be considered a
3broker price opinion if no compensation is paid to the broker
4or managing broker, other than compensation based upon the
5sale or rental of real estate. A broker price opinion shall not
6be considered an appraisal within the meaning of the Real
7Estate Appraiser Licensing Act of 2002, any amendment to that
8Act, or any successor Act.
9    "Client" means a person who is being represented by a
10licensee.
11    "Comparative market analysis" means an analysis or opinion
12regarding pricing, marketing, or financial aspects relating to
13a specified interest or interests in real estate that may be
14based upon an analysis of comparative market data, the
15expertise of the real estate broker or managing broker, and
16such other factors as the broker or managing broker may deem
17appropriate in developing or preparing such analysis or
18opinion. The activities of a real estate broker or managing
19broker engaging in the ordinary course of business as a
20broker, as defined in this Section, shall not be considered a
21comparative market analysis if no compensation is paid to the
22broker or managing broker, other than compensation based upon
23the sale or rental of real estate. A comparative market
24analysis shall not be considered an appraisal within the
25meaning of the Real Estate Appraiser Licensing Act of 2002,
26any amendment to that Act, or any successor Act.

 

 

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1    "Compensation" means the valuable consideration given by
2one person or entity to another person or entity in exchange
3for the performance of some activity or service. Compensation
4shall include the transfer of valuable consideration,
5including without limitation the following:
6        (1) commissions;
7        (2) referral fees;
8        (3) bonuses;
9        (4) prizes;
10        (5) merchandise;
11        (6) finder fees;
12        (7) performance of services;
13        (8) coupons or gift certificates;
14        (9) discounts;
15        (10) rebates;
16        (11) a chance to win a raffle, drawing, lottery, or
17    similar game of chance not prohibited by any other law or
18    statute;
19        (12) retainer fee; or
20        (13) salary.
21    "Confidential information" means information obtained by a
22licensee from a client during the term of a brokerage
23agreement that (i) was made confidential by the written
24request or written instruction of the client, (ii) deals with
25the negotiating position of the client, or (iii) is
26information the disclosure of which could materially harm the

 

 

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1negotiating position of the client, unless at any time:
2        (1) the client permits the disclosure of information
3    given by that client by word or conduct;
4        (2) the disclosure is required by law; or
5        (3) the information becomes public from a source other
6    than the licensee.
7    "Confidential information" shall not be considered to
8include material information about the physical condition of
9the property.
10    "Consumer" means a person or entity seeking or receiving
11licensed activities.
12    "Coordinator" means the Coordinator of Real Estate created
13in Section 25-15 of this Act.
14    "Credit hour" means 50 minutes of instruction in course
15work that meets the requirements set forth in rules adopted by
16the Department.
17    "Customer" means a consumer who is not being represented
18by the licensee.
19    "Department" means the Department of Financial and
20Professional Regulation.
21    "Designated agency" means a contractual relationship
22between a sponsoring broker and a client under Section 15-50
23of this Act in which one or more licensees associated with or
24employed by the broker are designated as agent of the client.
25    "Designated agent" means a sponsored licensee named by a
26sponsoring broker as the legal agent of a client, as provided

 

 

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1for in Section 15-50 of this Act.
2    "Designated managing broker" means a managing broker who
3has supervisory responsibilities for licensees in one or, in
4the case of a multi-office company, more than one office and
5who has been appointed as such by the sponsoring broker
6registered with the Department.
7    "Director" means the Director of Real Estate within the
8Department of Financial and Professional Regulation.
9    "Dual agency" means an agency relationship in which a
10licensee is representing both buyer and seller or both
11landlord and tenant in the same transaction. When the agency
12relationship is a designated agency, the question of whether
13there is a dual agency shall be determined by the agency
14relationships of the designated agent of the parties and not
15of the sponsoring broker.
16    "Education provider" means a school licensed by the
17Department offering courses in pre-license, post-license, or
18continuing education required by this Act.
19    "Employee" or other derivative of the word "employee",
20when used to refer to, describe, or delineate the relationship
21between a sponsoring broker and a managing broker, broker, or
22a residential leasing agent, shall be construed to include an
23independent contractor relationship, provided that a written
24agreement exists that clearly establishes and states the
25relationship.
26    "Escrow moneys" means all moneys, promissory notes, or any

 

 

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1other type or manner of legal tender or financial
2consideration deposited with any person for the benefit of the
3parties to the transaction. A transaction exists once an
4agreement has been reached and an accepted real estate
5contract signed or lease agreed to by the parties. "Escrow
6moneys" includes, without limitation, earnest moneys and
7security deposits, except those security deposits in which the
8person holding the security deposit is also the sole owner of
9the property being leased and for which the security deposit
10is being held.
11    "Electronic means of proctoring" means a methodology
12providing assurance that the person taking a test and
13completing the answers to questions is the person seeking
14licensure or credit for continuing education and is doing so
15without the aid of a third party or other device.
16    "Exclusive brokerage agreement" means a written brokerage
17agreement that provides that the sponsoring broker has the
18sole right, through one or more sponsored licensees, to act as
19the exclusive agent or representative of the client and that
20meets the requirements of Section 15-75 of this Act.
21    "Inactive" means a status of licensure where the licensee
22holds a current license under this Act, but the licensee is
23prohibited from engaging in licensed activities because the
24licensee is unsponsored or the license of the sponsoring
25broker with whom the licensee is associated or by whom the
26licensee is employed is currently expired, revoked, suspended,

 

 

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1or otherwise rendered invalid under this Act. The license of
2any business entity that is not in good standing with the
3Illinois Secretary of State, or is not authorized to conduct
4business in Illinois, shall immediately become inactive and
5that entity shall be prohibited from engaging in any licensed
6activities.
7    "Leads" means the name or names of a potential buyer,
8seller, lessor, lessee, or client of a licensee.
9    "License" means the privilege conferred by the Department
10to a person that has fulfilled all requirements prerequisite
11to any type of licensure under this Act.
12    "Licensed activities" means those activities listed in the
13definition of "broker" under this Section.
14    "Licensee" means any person licensed under this Act.
15    "Listing presentation" means any communication, written or
16oral and by any means or media, between a managing broker or
17broker and a consumer in which the licensee is attempting to
18secure a brokerage agreement with the consumer to market the
19consumer's real estate for sale or lease.
20    "Managing broker" means a licensee who may be authorized
21to assume responsibilities as a designated managing broker for
22licensees in one or, in the case of a multi-office company,
23more than one office, upon appointment by the sponsoring
24broker and registration with the Department. A managing broker
25may act as one's own sponsor.
26    "Medium of advertising" means any method of communication

 

 

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1intended to influence the general public to use or purchase a
2particular good or service or real estate, including, but not
3limited to, print, electronic, social media, and digital
4forums.
5    "Office" means a broker's place of business where the
6general public is invited to transact business and where
7records may be maintained and licenses readily available,
8whether or not it is the broker's principal place of business.
9    "Person" means and includes individuals, entities,
10corporations, limited liability companies, registered limited
11liability partnerships, foreign and domestic partnerships, and
12other business entities, except that when the context
13otherwise requires, the term may refer to a single individual
14or other described entity.
15    "Proctor" means any person, including, but not limited to,
16an instructor, who has a written agreement to administer
17examinations fairly and impartially with a licensed education
18provider.
19    "Real estate" means and includes leaseholds as well as any
20other interest or estate in land, whether corporeal,
21incorporeal, freehold, or non-freehold and whether the real
22estate is situated in this State or elsewhere. "Real estate"
23does not include property sold, exchanged, or leased as a
24timeshare or similar vacation item or interest, vacation club
25membership, or other activity formerly regulated under the
26Real Estate Timeshare Act of 1999 (repealed).

 

 

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1    "Regular employee" means a person working an average of 20
2hours per week for a person or entity who would be considered
3as an employee under the Internal Revenue Service rules for
4classifying workers.
5    "Renewal period" means the period beginning 90 days prior
6to the expiration date of a license.
7    "Residential leasing agent" means a person who is employed
8by a broker to engage in licensed activities limited to
9leasing residential real estate who has obtained a license as
10provided for in Section 5-5 of this Act.
11    "Secretary" means the Secretary of the Department of
12Financial and Professional Regulation, or a person authorized
13by the Secretary to act in the Secretary's stead.
14    "Sponsoring broker" means the broker who certifies to the
15Department the broker's his, her, or its sponsorship of a
16licensed managing broker, broker, or a residential leasing
17agent.
18    "Sponsorship" means that a sponsoring broker has certified
19to the Department that a managing broker, broker, or
20residential leasing agent is employed by or associated by
21written agreement with the sponsoring broker and the
22Department has registered the sponsorship, as provided for in
23Section 5-40 of this Act.
24    "Team" means any 2 or more licensees who work together to
25provide real estate brokerage services, represent themselves
26to the public as being part of a team or group, are identified

 

 

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1by a team name that is different than their sponsoring
2broker's name, and together are supervised by the same
3managing broker and sponsored by the same sponsoring broker.
4"Team" does not mean a separately organized, incorporated, or
5legal entity.
6(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
 
7    (225 ILCS 454/5-6)
8    (Section scheduled to be repealed on January 1, 2030)
9    Sec. 5-6. Social Security Number or Individual Taxpayer
10Tax Identification Number on license application. In addition
11to any other information required to be contained in the
12application, every application for an original license under
13this Act shall include the applicant's Social Security Number
14or Tax Identification Number, which shall be retained in the
15agency's records pertaining to the license. An applicant may
16provide an Individual Taxpayer Identification Number as an
17alternative to providing a Social Security Number when
18applying for a license. As soon as practical, the Department
19shall assign a separate and distinct identification number to
20each applicant for a license.
21    Every application for a renewal or restored license shall
22require the applicant's identification number.
23(Source: P.A. 101-357, eff. 8-9-19.)
 
24    (225 ILCS 454/5-10)

 

 

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1    (Section scheduled to be repealed on January 1, 2030)
2    Sec. 5-10. Requirements for license as a residential
3leasing agent; continuing education.
4    (a) Every applicant for licensure as a residential leasing
5agent must meet the following qualifications:
6        (1) be at least 18 years of age;
7        (2) be of good moral character;
8        (3) successfully complete a 4-year course of study in
9    a high school or secondary school or an equivalent course
10    of study approved by the state in which the school is
11    located, or possess a State of Illinois High School
12    Diploma, which shall be verified under oath by the
13    applicant;
14        (4) personally take and pass a written examination
15    authorized by the Department sufficient to demonstrate the
16    applicant's knowledge of the provisions of this Act
17    relating to residential leasing agents and the applicant's
18    competence to engage in the activities of a licensed
19    residential leasing agent;
20        (5) provide satisfactory evidence of having completed
21    15 hours of instruction in an approved course of study
22    relating to the leasing of residential real property. The
23    Board may recommend to the Department the number of hours
24    each topic of study shall require. The course of study
25    shall, among other topics, cover the provisions of this
26    Act applicable to residential leasing agents; fair housing

 

 

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1    and human rights issues relating to residential leasing;
2    advertising and marketing issues; leases, applications,
3    and credit and criminal background reports; owner-tenant
4    relationships and owner-tenant laws; the handling of
5    funds; and environmental issues relating to residential
6    real property;
7        (6) complete any other requirements as set forth by
8    rule; and
9        (7) present a valid application for issuance of an
10    initial license accompanied by fees specified by rule.
11    (b) No applicant shall engage in any of the activities
12covered by this Act without a valid license and until a valid
13sponsorship has been registered with the Department.
14    (c) Successfully completed course work, completed pursuant
15to the requirements of this Section, may be applied to the
16course work requirements to obtain a managing broker's or
17broker's license as provided by rule. The Board may recommend
18to the Department and the Department may adopt requirements
19for approved courses, course content, and the approval of
20courses, instructors, and education providers, as well as
21education provider and instructor fees. The Department may
22establish continuing education requirements for residential
23licensed leasing agents, by rule, consistent with the language
24and intent of this Act, with the advice of the Board.
25    (d) The continuing education requirement for residential
26leasing agents shall consist of a single core curriculum to be

 

 

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1prescribed by the Department as recommended by the Board.
2Leasing agents shall be required to complete no less than 8
3hours of continuing education in the core curriculum during
4the current term of the license. The curriculum shall, at a
5minimum, consist of a single course or courses on the subjects
6of fair housing and human rights issues related to residential
7leasing, advertising and marketing issues, leases,
8applications, credit reports, and criminal history, the
9handling of funds, owner-tenant relationships and owner-tenant
10laws, and environmental issues relating to residential real
11estate.
12(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22;
13102-1100, eff. 1-1-23; revised 12-14-22.)
 
14    (225 ILCS 454/5-20)
15    (Section scheduled to be repealed on January 1, 2030)
16    Sec. 5-20. Exemptions from managing broker, broker, or
17residential leasing agent license requirement; Department
18exemption from education provider and related licenses. The
19requirement for holding a license under this Article 5 shall
20not apply to:
21        (1) Any person, as defined in Section 1-10, that as
22    owner or lessor performs any of the acts described in the
23    definition of "broker" under Section 1-10 of this Act with
24    reference to property owned or leased by it, or to the
25    regular employees thereof with respect to the property so

 

 

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1    owned or leased, where such acts are performed in the
2    regular course of or as an incident to the management,
3    sale, or other disposition of such property and the
4    investment therein, if such regular employees do not
5    perform any of the acts described in the definition of
6    "broker" under Section 1-10 of this Act in connection with
7    a vocation of selling or leasing any real estate or the
8    improvements thereon not so owned or leased.
9        (2) An attorney in fact acting under a duly executed
10    and recorded power of attorney to convey real estate from
11    the owner or lessor or the services rendered by an
12    attorney at law in the performance of the attorney's duty
13    as an attorney at law.
14        (3) Any person acting as receiver, trustee in
15    bankruptcy, administrator, executor, or guardian or while
16    acting under a court order or under the authority of a will
17    or testamentary trust.
18        (4) Any person acting as a resident manager for the
19    owner or any employee acting as the resident manager for a
20    broker managing an apartment building, duplex, or
21    apartment complex, when the resident manager resides on
22    the premises, the premises is the his or her primary
23    residence of the resident manager, and the resident
24    manager is engaged in the leasing of that the property of
25    which he or she is the resident manager.
26        (5) Any officer or employee of a federal agency in the

 

 

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1    conduct of official duties.
2        (6) Any officer or employee of the State government or
3    any political subdivision thereof performing official
4    duties.
5        (7) Any multiple listing service or other similar
6    information exchange that is engaged in the collection and
7    dissemination of information concerning real estate
8    available for sale, purchase, lease, or exchange for the
9    purpose of providing licensees with a system by which
10    licensees may cooperatively share information along with
11    which no other licensed activities, as defined in Section
12    1-10 of this Act, are provided.
13        (8) Railroads and other public utilities regulated by
14    the State of Illinois, or the officers or full-time
15    employees thereof, unless the performance of any licensed
16    activities is in connection with the sale, purchase,
17    lease, or other disposition of real estate or investment
18    therein that does not require the approval of the
19    appropriate State regulatory authority.
20        (9) Any medium of advertising in the routine course of
21    selling or publishing advertising along with which no
22    other licensed activities, as defined in Section 1-10 of
23    this Act, are provided.
24        (10) Any resident lessee of a residential dwelling
25    unit who refers for compensation to the owner of the
26    dwelling unit, or to the owner's agent, prospective

 

 

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1    lessees of dwelling units in the same building or complex
2    as the resident lessee's unit, but only if the resident
3    lessee (i) refers no more than 3 prospective lessees in
4    any 12-month period, (ii) receives compensation of no more
5    than $5,000 or the equivalent of 2 months' rent, whichever
6    is less, in any 12-month period, and (iii) limits his or
7    her activities to referring prospective lessees to the
8    owner, or the owner's agent, and does not show a
9    residential dwelling unit to a prospective lessee, discuss
10    terms or conditions of leasing a dwelling unit with a
11    prospective lessee, or otherwise participate in the
12    negotiation of the leasing of a dwelling unit.
13        (11) The purchase, sale, or transfer of a timeshare or
14    similar vacation item or interest, vacation club
15    membership, or other activity formerly regulated under the
16    Real Estate Timeshare Act of 1999 (repealed).
17        (12) (Blank).
18        (13) Any person who is licensed without examination
19    under Section 10-25 (now repealed) of the Auction License
20    Act is exempt from holding a managing broker's or broker's
21    license under this Act for the limited purpose of selling
22    or leasing real estate at auction, so long as:
23            (A) that person has made application for said
24        exemption by July 1, 2000;
25            (B) that person verifies to the Department that
26        the person he or she has sold real estate at auction

 

 

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1        for a period of 5 years prior to licensure as an
2        auctioneer;
3            (C) the person has had no lapse in the licensure
4        his or her license as an auctioneer; and
5            (D) the license issued under the Auction License
6        Act has not been disciplined for violation of those
7        provisions of Article 20 of the Auction License Act
8        dealing with or related to the sale or lease of real
9        estate at auction.
10        (14) A person who holds a valid license under the
11    Auction License Act and a valid real estate auction
12    certification and conducts auctions for the sale of real
13    estate under Section 5-32 of this Act.
14        (15) A hotel operator who is registered with the
15    Illinois Department of Revenue and pays taxes under the
16    Hotel Operators' Occupation Tax Act and rents a room or
17    rooms in a hotel as defined in the Hotel Operators'
18    Occupation Tax Act for a period of not more than 30
19    consecutive days and not more than 60 days in a calendar
20    year or a person who participates in an online marketplace
21    enabling persons to rent out all or part of the person's
22    owned residence.
23        (16) Notwithstanding any provisions to the contrary,
24    the Department and its employees shall be exempt from
25    education, course provider, instructor, and course license
26    requirements and fees while acting in an official capacity

 

 

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1    on behalf of the Department. Courses offered by the
2    Department shall be eligible for continuing education
3    credit.
4(Source: P.A. 100-534, eff. 9-22-17; 100-831, eff. 1-1-19;
5101-357, eff. 8-9-19.)
 
6    (225 ILCS 454/5-29)
7    (Section scheduled to be repealed on January 1, 2030)
8    Sec. 5-29. Temporary practice as a designated managing
9broker. Upon the loss of a designated managing broker who is
10not replaced by the sponsoring broker or in the event of the
11death or adjudicated disability of a self-sponsored managing
12broker the sole proprietor of an office, a written request for
13authorization allowing the continued operation of the office
14may be submitted to the Department within 15 days of the loss.
15The Department may issue a written authorization allowing the
16continued operation, provided that a licensed managing broker
17or, in the case of the death or adjudicated disability of a
18self-sponsored managing broker sole proprietor, the
19representative of the estate, assumes responsibility, in
20writing, for the operation of the office and agrees to
21personally supervise the operation of the office. No such
22written authorization shall be valid for more than 60 days
23unless extended by the Department for good cause shown and
24upon written request by the broker or representative.
25(Source: P.A. 101-357, eff. 8-9-19.)
 

 

 

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1    (225 ILCS 454/5-50)
2    (Section scheduled to be repealed on January 1, 2030)
3    Sec. 5-50. Expiration and renewal of managing broker,
4broker, or residential leasing agent license; sponsoring
5broker; register of licensees.
6    (a) The expiration date and renewal period for each
7license issued under this Act shall be set by rule. Except as
8otherwise provided in this Section, the holder of a license
9may renew the license within 90 days preceding the expiration
10date thereof by completing the continuing education required
11by this Act and paying the fees specified by rule.
12    (b) An individual whose first license is that of a broker
13received on or after the effective date of this amendatory Act
14of the 101st General Assembly, must provide evidence of having
15completed 45 hours of post-license education presented in a
16classroom or a live, interactive webinar, or online distance
17education course, and which shall require passage of a final
18examination.
19    The Board may recommend, and the Department shall approve,
2045 hours of post-license education, consisting of three
2115-hour post-license courses, one each that covers applied
22brokerage principles, risk management/discipline, and
23transactional issues. Each of the courses shall require its
24own 50-question final examination, which shall be administered
25by the education provider that delivers the course.

 

 

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1    Individuals whose first license is that of a broker
2received on or after the effective date of this amendatory Act
3of the 101st General Assembly, must complete all three 15-hour
4courses and successfully pass a course final examination for
5each course prior to the date of the next broker renewal
6deadline, except for those individuals who receive their first
7license within the 180 days preceding the next broker renewal
8deadline, who must complete all three 15-hour courses and
9successfully pass a course final examination for each course
10prior to the second broker renewal deadline that follows the
11receipt of their license.
12    (c) Any managing broker, broker, or residential leasing
13agent whose license under this Act has expired shall be
14eligible to renew the license during the 2-year period
15following the expiration date, provided the managing broker,
16broker, or residential leasing agent pays the fees as
17prescribed by rule and completes continuing education and
18other requirements provided for by the Act or by rule. A
19managing broker, broker, or residential leasing agent whose
20license has been expired for more than 2 years but less than 5
21years may have it restored by (i) applying to the Department,
22(ii) paying the required fee, (iii) completing the continuing
23education requirements for the most recent term of licensure
24that ended prior to the date of the application for
25reinstatement, and (iv) filing acceptable proof of fitness to
26have the license restored, as set by rule. A managing broker,

 

 

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1broker, or residential leasing agent whose license has been
2expired for more than 5 years shall be required to meet the
3requirements for a new license.
4    (d) Notwithstanding any other provisions of this Act to
5the contrary, any managing broker, broker, or residential
6leasing agent whose license expired while the licensee was (i)
7on active duty with the Armed Forces of the United States or
8called into service or training by the state militia, (ii)
9engaged in training or education under the supervision of the
10United States preliminary to induction into military service,
11or (iii) serving as the Coordinator of Real Estate in the State
12of Illinois or as an employee of the Department may have the
13license renewed, reinstated or restored without paying any
14lapsed renewal fees, and without completing the continuing
15education requirements for that licensure period if within 2
16years after the termination of the service, training or
17education the licensee furnishes by furnishing the Department
18with satisfactory evidence of service, training, or education
19and termination it has been terminated under honorable
20conditions.
21    (e) Each licensee shall carry on one's person the license
22or an electronic version thereof.
23    (f) The Department shall provide to the sponsoring broker
24a notice of renewal for all sponsored licensees by mailing the
25notice to the sponsoring broker's address of record, or, at
26the Department's discretion, emailing the notice to the

 

 

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1sponsoring broker's email address of record.
2    (g) Upon request from the sponsoring broker, the
3Department shall make available to the sponsoring broker, by
4electronic means at the discretion of the Department, a
5listing of licensees under this Act who, according to the
6records of the Department, are sponsored by that broker. Every
7licensee associated with or employed by a broker whose license
8is revoked, suspended, or expired shall be considered inactive
9until such time as the sponsoring broker's license is
10reinstated or renewed, or a new valid sponsorship is
11registered with the Department as set forth in subsection (b)
12of Section 5-40 of this Act.
13    (h) The Department shall not issue or renew a license if
14the applicant or licensee has an unpaid fine or fee from a
15disciplinary matter or from a non-disciplinary action imposed
16by the Department until the fine or fee is paid to the
17Department or the applicant or licensee has entered into a
18payment plan and is current on the required payments.
19    (i) The Department shall not issue or renew a license if
20the applicant or licensee has an unpaid fine or civil penalty
21imposed by the Department for unlicensed practice until the
22fine or civil penalty is paid to the Department or the
23applicant or licensee has entered into a payment plan and is
24current on the required payments.
25(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
 

 

 

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1    (225 ILCS 454/5-60)
2    (Section scheduled to be repealed on January 1, 2030)
3    Sec. 5-60. Managing broker licensed in another state;
4broker licensed in another state; reciprocal agreements; agent
5for service of process.
6    (a) A managing broker's license may be issued by the
7Department to a managing broker or its equivalent licensed
8under the laws of another state of the United States, under the
9following conditions:
10        (1) the managing broker holds a managing broker's
11    license in a state that has entered into a reciprocal
12    agreement with the Department;
13        (2) the standards for that state for licensing as a
14    managing broker are substantially equal to or greater than
15    the minimum standards in the State of Illinois;
16        (3) the managing broker has been actively practicing
17    as a managing broker in the managing broker's state of
18    licensure for a period of not less than 2 years,
19    immediately prior to the date of application;
20        (4) the managing broker furnishes the Department with
21    a statement under seal of the proper licensing authority
22    of the state in which the managing broker is licensed
23    showing that the managing broker has an active managing
24    broker's license, that the managing broker is in good
25    standing, and any disciplinary action taken that no
26    complaints are pending against the managing broker in that

 

 

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1    state;
2        (5) the managing broker passes a test on Illinois
3    specific real estate brokerage laws; and
4        (6) the managing broker was licensed by an examination
5    in the state that has entered into a reciprocal agreement
6    with the Department.
7    (b) A broker's license may be issued by the Department to a
8broker or its equivalent licensed under the laws of another
9state of the United States, under the following conditions:
10        (1) the broker holds a broker's license in a state
11    that has entered into a reciprocal agreement with the
12    Department;
13        (2) the standards for that state for licensing as a
14    broker are substantially equivalent to or greater than the
15    minimum standards in the State of Illinois;
16        (3) (blank);
17        (4) the broker furnishes the Department with a
18    statement under seal of the proper licensing authority of
19    the state in which the broker is licensed showing that the
20    broker has an active broker's license, that the broker is
21    in good standing, and any disciplinary action taken that
22    no complaints are pending against the broker in that
23    state;
24        (5) the broker passes a test on Illinois specific real
25    estate brokerage laws; and
26        (6) the broker was licensed by an examination in a

 

 

HB2207 Engrossed- 80 -LRB103 27667 AMQ 54044 b

1    state that has entered into a reciprocal agreement with
2    the Department.
3    (c) (Blank).
4    (d) As a condition precedent to the issuance of a license
5to a managing broker or broker pursuant to this Section, the
6managing broker or broker shall agree in writing to abide by
7all the provisions of this Act with respect to his or her real
8estate activities within the State of Illinois and submit to
9the jurisdiction of the Department as provided in this Act.
10The agreement shall be filed with the Department and shall
11remain in force for so long as the managing broker or broker is
12licensed by this State and thereafter with respect to acts or
13omissions committed while licensed as a managing broker or
14broker in this State.
15    (e) Prior to the issuance of any license to any managing
16broker or broker pursuant to this Section, verification of
17active licensure issued for the conduct of such business in
18any other state must be filed with the Department by the
19managing broker or broker, and the same fees must be paid as
20provided in this Act for the obtaining of a managing broker's
21or broker's license in this State.
22    (f) Licenses previously granted under reciprocal
23agreements with other states shall remain in force so long as
24the Department has a reciprocal agreement with the state that
25includes the requirements of this Section, unless that license
26is suspended, revoked, or terminated by the Department for any

 

 

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1reason provided for suspension, revocation, or termination of
2a resident licensee's license. Licenses granted under
3reciprocal agreements may be renewed in the same manner as a
4resident's license.
5    (g) Prior to the issuance of a license to a nonresident
6managing broker or broker, the managing broker or broker shall
7file with the Department, in a manner prescribed by the
8Department, a designation in writing that appoints the
9Secretary to act as his or her agent upon whom all judicial and
10other process or legal notices directed to the managing broker
11or broker may be served. Service upon the agent so designated
12shall be equivalent to personal service upon the licensee.
13Copies of the appointment, certified by the Secretary, shall
14be deemed sufficient evidence thereof and shall be admitted in
15evidence with the same force and effect as the original
16thereof might be admitted. In the written designation, the
17managing broker or broker shall agree that any lawful process
18against the licensee that is served upon the agent shall be of
19the same legal force and validity as if served upon the
20licensee and that the authority shall continue in force so
21long as any liability remains outstanding in this State. Upon
22the receipt of any process or notice, the Secretary shall
23forthwith deliver a copy of the same by regular mail or email
24to the last known business address or email address of the
25licensee.
26    (h) Any person holding a valid license under this Section

 

 

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1shall be eligible to obtain a managing broker's license or a
2broker's license without examination should that person change
3their state of domicile to Illinois and that person otherwise
4meets the qualifications for licensure under this Act.
5(Source: P.A. 101-357, eff. 8-9-19.)
 
6    (225 ILCS 454/5-75)
7    (Section scheduled to be repealed on January 1, 2030)
8    Sec. 5-75. Out-of-state continuing education credit. If a
9renewal applicant has earned continuing education hours in
10another state or territory for which the applicant he or she is
11claiming credit toward full compliance in Illinois, the
12Department may approve those hours based upon whether the
13course is one that would be approved under Section 5-70 of this
14Act, whether the course meets the basic requirements for
15continuing education under this Act, and any other criteria
16that are provided by statute or rule.
17(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
 
18    (225 ILCS 454/10-25)
19    (Section scheduled to be repealed on January 1, 2030)
20    Sec. 10-25. Expiration of brokerage agreement. No licensee
21shall obtain any written brokerage agreement that does not
22either provide for automatic expiration within a definite
23period of time, and if longer than one year, or provide the
24client with a right to terminate the agreement annually by

 

 

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1giving no more than 30 days' prior written notice. Any written
2brokerage agreement not containing such a provision shall be
3void. When the license of any sponsoring broker is suspended
4or revoked, any brokerage agreement with the sponsoring broker
5shall be deemed to expire upon the effective date of the
6suspension or revocation.
7(Source: P.A. 98-531, eff. 8-23-13.)
 
8    (225 ILCS 454/10-30)
9    (Section scheduled to be repealed on January 1, 2030)
10    Sec. 10-30. Advertising.
11    (a) No advertising, whether in print, via the Internet, or
12through social media, digital forums, or any other media,
13shall be fraudulent, deceptive, inherently misleading, or
14proven to be misleading in practice. Advertising shall be
15considered misleading or untruthful if, when taken as a whole,
16there is a distinct and reasonable possibility that it will be
17misunderstood or will deceive the ordinary consumer.
18Advertising shall contain all information necessary to
19communicate the information contained therein to the public in
20an accurate, direct, and readily comprehensible manner. Team
21names may not contain inherently misleading terms, such as
22"company", "realty", "real estate", "agency", "associates",
23"brokers", "properties", or "property".
24    (b) No blind advertisements may be used by any licensee,
25in any media, except as provided for in this Section.

 

 

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1    (c) A licensee shall disclose, in writing, to all parties
2in a transaction the licensee's his or her status as a licensee
3and any and all interest the licensee has or may have in the
4real estate constituting the subject matter thereof, directly
5or indirectly, according to the following guidelines:
6        (1) On broker yard signs or in broker advertisements,
7    no disclosure of ownership is necessary. However, the
8    ownership shall be indicated on any property data form
9    accessible to the consumer and disclosed to persons
10    responding to any advertisement or any sign. The term
11    "broker owned" or "agent owned" is sufficient disclosure.
12        (2) A sponsored or inactive licensee selling or
13    leasing property, owned solely by the sponsored or
14    inactive licensee, without utilizing brokerage services of
15    their sponsoring broker or any other licensee, may
16    advertise "By Owner". For purposes of this Section,
17    property is "solely owned" by a sponsored or inactive
18    licensee if the licensee he or she (i) has a 100% ownership
19    interest alone, (ii) has ownership as a joint tenant or
20    tenant by the entirety, or (iii) holds a 100% beneficial
21    interest in a land trust. Sponsored or inactive licensees
22    selling or leasing "By Owner" shall comply with the
23    following if advertising by owner:
24            (A) On "By Owner" yard signs, the sponsored or
25        inactive licensee shall indicate "broker owned" or
26        "agent owned." "By Owner" advertisements used in any

 

 

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1        medium of advertising shall include the term "broker
2        owned" or "agent owned."
3            (B) If a sponsored or inactive licensee runs
4        advertisements, for the purpose of purchasing or
5        leasing real estate, the licensee he or she shall
6        disclose in the advertisements the licensee's his or
7        her status as a licensee.
8            (C) A sponsored or inactive licensee shall not use
9        the sponsoring broker's name or the sponsoring
10        broker's company name in connection with the sale,
11        lease, or advertisement of the property nor utilize
12        the sponsoring broker's or company's name in
13        connection with the sale, lease, or advertising of the
14        property in a manner likely to create confusion among
15        the public as to whether or not the services of a real
16        estate company are being utilized or whether or not a
17        real estate company has an ownership interest in the
18        property.
19    (d) A sponsored licensee may not advertise under the
20licensee's his or her own name. Advertising in any media shall
21be under the direct supervision of the sponsoring or
22designated managing broker and in the sponsoring broker's
23business name, which in the case of a franchise shall include
24the franchise affiliation as well as the name of the
25individual firm. This provision does not apply under the
26following circumstances:

 

 

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1        (1) When a licensee enters into a brokerage agreement
2    relating to his or her own real estate owned by the
3    licensee, or real estate in which the licensee he or she
4    has an ownership interest, with another licensed broker;
5    or
6        (2) When a licensee is selling or leasing his or her
7    own real estate owned by the licensee or buying or leasing
8    real estate for their own use himself or herself, after
9    providing the appropriate written disclosure of his or her
10    ownership interest as required in paragraph (2) of
11    subsection (c) of this Section.
12    (e) No licensee shall list the licensee's his or her name
13or otherwise advertise in the licensee's his or her own name to
14the general public through any medium of advertising as being
15in the real estate business without listing the his or her
16sponsoring broker's business name.
17    (f) The sponsoring broker's business name and the name of
18the licensee must appear in all advertisements, including
19business cards. In advertising that includes the sponsoring
20broker's name and a team name or individual broker's name, the
21sponsoring broker's business name shall be at least equal in
22size or larger than the team name or that of the individual.
23    (g) Those individuals licensed as a managing broker and
24designated with the Department as a designated managing broker
25by their sponsoring broker shall identify themselves to the
26public in advertising, except on "For Sale" or similar signs,

 

 

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1as a designated managing broker. No other individuals holding
2a managing broker's license may hold themselves out to the
3public or other licensees as a designated managing broker, but
4they may hold themselves out to be a managing broker.
5(Source: P.A. 101-357, eff. 8-9-19.)
 
6    (225 ILCS 454/20-20)
7    (Section scheduled to be repealed on January 1, 2030)
8    Sec. 20-20. Nature of and grounds for discipline.
9    (a) The Department may refuse to issue or renew a license,
10may place on probation, suspend, or revoke any license,
11reprimand, or take any other disciplinary or non-disciplinary
12action as the Department may deem proper and impose a fine not
13to exceed $25,000 for each violation upon any licensee or
14applicant under this Act or any person who holds oneself out as
15an applicant or licensee or against a licensee in handling
16one's own property, whether held by deed, option, or
17otherwise, for any one or any combination of the following
18causes:
19        (1) Fraud or misrepresentation in applying for, or
20    procuring, a license under this Act or in connection with
21    applying for renewal of a license under this Act.
22        (2) The licensee's conviction of or plea of guilty or
23    plea of nolo contendere, as set forth in subsection (e) of
24    Section 5-25, to: (A) a felony or misdemeanor in this
25    State or any other jurisdiction; (B) the entry of an

 

 

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1    administrative sanction by a government agency in this
2    State or any other jurisdiction; or (C) any crime that
3    subjects the licensee to compliance with the requirements
4    of the Sex Offender Registration Act.
5        (3) Inability to practice the profession with
6    reasonable judgment, skill, or safety as a result of a
7    physical illness, mental illness, or disability.
8        (4) Practice under this Act as a licensee in a retail
9    sales establishment from an office, desk, or space that is
10    not separated from the main retail business and located
11    within a separate and distinct area within the
12    establishment.
13        (5) Having been disciplined by another state, the
14    District of Columbia, a territory, a foreign nation, or a
15    governmental agency authorized to impose discipline if at
16    least one of the grounds for that discipline is the same as
17    or the equivalent of one of the grounds for which a
18    licensee may be disciplined under this Act. A certified
19    copy of the record of the action by the other state or
20    jurisdiction shall be prima facie evidence thereof.
21        (6) Engaging in the practice of real estate brokerage
22    without a license or after the licensee's license or
23    temporary permit was expired or while the license was
24    inactive, revoked, or suspended.
25        (7) Cheating on or attempting to subvert the Real
26    Estate License Exam or a continuing education course or

 

 

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1    examination.
2        (8) Aiding or abetting an applicant to subvert or
3    cheat on the Real Estate License Exam or continuing
4    education exam administered pursuant to this Act.
5        (9) Advertising that is inaccurate, misleading, or
6    contrary to the provisions of the Act.
7        (10) Making any substantial misrepresentation or
8    untruthful advertising.
9        (11) Making any false promises of a character likely
10    to influence, persuade, or induce.
11        (12) Pursuing a continued and flagrant course of
12    misrepresentation or the making of false promises through
13    licensees, employees, agents, advertising, or otherwise.
14        (13) Any misleading or untruthful advertising, or
15    using any trade name or insignia of membership in any real
16    estate organization of which the licensee is not a member.
17        (14) Acting for more than one party in a transaction
18    without providing written notice to all parties for whom
19    the licensee acts.
20        (15) Representing or attempting to represent, or
21    performing licensed activities for, a broker other than
22    the sponsoring broker.
23        (16) Failure to account for or to remit any moneys or
24    documents coming into the licensee's possession that
25    belong to others.
26        (17) Failure to maintain and deposit in a special

 

 

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1    account, separate and apart from personal and other
2    business accounts, all escrow moneys belonging to others
3    entrusted to a licensee while acting as a broker, escrow
4    agent, or temporary custodian of the funds of others or
5    failure to maintain all escrow moneys on deposit in the
6    account until the transactions are consummated or
7    terminated, except to the extent that the moneys, or any
8    part thereof, shall be:
9            (A) disbursed prior to the consummation or
10        termination (i) in accordance with the written
11        direction of the principals to the transaction or
12        their duly authorized agents, (ii) in accordance with
13        directions providing for the release, payment, or
14        distribution of escrow moneys contained in any written
15        contract signed by the principals to the transaction
16        or their duly authorized agents, or (iii) pursuant to
17        an order of a court of competent jurisdiction; or
18            (B) deemed abandoned and transferred to the Office
19        of the State Treasurer to be handled as unclaimed
20        property pursuant to the Revised Uniform Unclaimed
21        Property Act. Escrow moneys may be deemed abandoned
22        under this subparagraph (B) only: (i) in the absence
23        of disbursement under subparagraph (A); (ii) in the
24        absence of notice of the filing of any claim in a court
25        of competent jurisdiction; and (iii) if 6 months have
26        elapsed after the receipt of a written demand for the

 

 

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1        escrow moneys from one of the principals to the
2        transaction or the principal's duly authorized agent.
3    The account shall be noninterest bearing, unless the
4    character of the deposit is such that payment of interest
5    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        (18) Failure to make available to the Department all
10    escrow records and related documents maintained in
11    connection with the practice of real estate within 24
12    hours of a request for those documents by Department
13    personnel.
14        (19) Failing to furnish copies upon request of
15    documents relating to a real estate transaction to a party
16    who has executed that document.
17        (20) Failure of a sponsoring broker or licensee to
18    timely provide sponsorship or termination of sponsorship
19    information to the Department.
20        (21) Engaging in dishonorable, unethical, or
21    unprofessional conduct of a character likely to deceive,
22    defraud, or harm the public, including, but not limited
23    to, conduct set forth in rules adopted by the Department.
24        (22) Commingling the money or property of others with
25    the licensee's own money or property.
26        (23) Employing any person on a purely temporary or

 

 

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1    single deal basis as a means of evading the law regarding
2    payment of commission to nonlicensees on some contemplated
3    transactions.
4        (24) Permitting the use of one's license as a broker
5    to enable a residential leasing agent or unlicensed person
6    to operate a real estate business without actual
7    participation therein and control thereof by the broker.
8        (25) Any other conduct, whether of the same or a
9    different character from that specified in this Section,
10    that constitutes dishonest dealing.
11        (26) Displaying a "for rent" or "for sale" sign on any
12    property without the written consent of an owner or the
13    owner's 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 the owner's authorized
16    agent.
17        (27) Failing to provide information requested by the
18    Department, or otherwise respond to that request, within
19    30 days of the request.
20        (28) Advertising by means of a blind advertisement,
21    except as otherwise permitted in Section 10-30 of this
22    Act.
23        (29) A licensee under this Act or an unlicensed
24    individual offering guaranteed sales plans, as defined in
25    Section 10-50, except to the extent set forth in Section
26    10-50.

 

 

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1        (30) Influencing or attempting to influence, by any
2    words or acts, a prospective seller, purchaser, occupant,
3    landlord, or tenant of real estate, in connection with
4    viewing, buying, or leasing real estate, so as to promote
5    or tend to promote the continuance or maintenance of
6    racially and religiously segregated housing or so as to
7    retard, obstruct, or discourage racially integrated
8    housing on or in any street, block, neighborhood, or
9    community.
10        (31) Engaging in any act that constitutes a violation
11    of any provision of Article 3 of the Illinois Human Rights
12    Act, whether or not a complaint has been filed with or
13    adjudicated by the Human Rights Commission.
14        (32) Inducing any party to a contract of sale or lease
15    or brokerage agreement to break the contract of sale or
16    lease or brokerage agreement for the purpose of
17    substituting, in lieu thereof, a new contract for sale or
18    lease or brokerage agreement with a third party.
19        (33) Negotiating a sale, exchange, or lease of real
20    estate directly with any person if the licensee knows that
21    the person has an exclusive brokerage agreement with
22    another broker, unless specifically authorized by that
23    broker.
24        (34) When a licensee is also an attorney, acting as
25    the attorney for either the buyer or the seller in the same
26    transaction in which the licensee is acting or has acted

 

 

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1    as a managing broker or broker.
2        (35) Advertising or offering merchandise or services
3    as free if any conditions or obligations necessary for
4    receiving the merchandise or services are not disclosed in
5    the same advertisement or offer. These conditions or
6    obligations include without limitation the requirement
7    that the recipient attend a promotional activity or visit
8    a real estate site. As used in this subdivision (35),
9    "free" includes terms such as "award", "prize", "no
10    charge", "free of charge", "without charge", and similar
11    words or phrases that reasonably lead a person to believe
12    that one may receive or has been selected to receive
13    something of value, without any conditions or obligations
14    on the part of the recipient.
15        (36) (Blank).
16        (37) Violating the terms of any a disciplinary order
17    issued by the Department.
18        (38) Paying or failing to disclose compensation in
19    violation of Article 10 of this Act.
20        (39) Requiring a party to a transaction who is not a
21    client of the licensee to allow the licensee to retain a
22    portion of the escrow moneys for payment of the licensee's
23    commission or expenses as a condition for release of the
24    escrow moneys to that party.
25        (40) Disregarding or violating any provision of this
26    Act or the published rules adopted by the Department to

 

 

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1    enforce this Act or aiding or abetting any individual,
2    foreign or domestic partnership, registered limited
3    liability partnership, limited liability company,
4    corporation, or other business entity in disregarding any
5    provision of this Act or the published rules adopted by
6    the Department to enforce this Act.
7        (41) Failing to provide the minimum services required
8    by Section 15-75 of this Act when acting under an
9    exclusive brokerage agreement.
10        (42) Habitual or excessive use of or addiction to
11    alcohol, narcotics, stimulants, or any other chemical
12    agent or drug that results in a managing broker, broker,
13    or residential leasing agent's inability to practice with
14    reasonable skill or safety.
15        (43) Enabling, aiding, or abetting an auctioneer, as
16    defined in the Auction License Act, to conduct a real
17    estate auction in a manner that is in violation of this
18    Act.
19        (44) Permitting any residential leasing agent or
20    temporary residential leasing agent permit holder to
21    engage in activities that require a broker's or managing
22    broker's license.
23        (45) Failing to notify the Department, within 30 days
24    after the occurrence, of the information required in
25    subsection (e) of Section 5-25.
26        (46) A designated managing broker's failure to provide

 

 

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1    an appropriate written company policy or failure to
2    perform any of the duties set forth in Section 10-55.
3        (47) Filing liens or recording written instruments in
4    any county in the State on noncommercial, residential real
5    property that relate to a broker's compensation for
6    licensed activity under the Act.
7    (b) The Department may refuse to issue or renew or may
8suspend the license of any person who fails to file a return,
9pay the tax, penalty or interest shown in a filed return, or
10pay any final assessment of tax, penalty, or interest, as
11required by any tax Act administered by the Department of
12Revenue, until such time as the requirements of that tax Act
13are satisfied in accordance with subsection (g) of Section
142105-15 of the Department of Professional Regulation Law of
15the Civil Administrative Code of Illinois.
16    (c) (Blank).
17    (d) In cases where the Department of Healthcare and Family
18Services (formerly Department of Public Aid) has previously
19determined that a licensee or a potential licensee is more
20than 30 days delinquent in the payment of child support and has
21subsequently certified the delinquency to the Department may
22refuse to issue or renew or may revoke or suspend that person's
23license or may take other disciplinary action against that
24person based solely upon the certification of delinquency made
25by the Department of Healthcare and Family Services in
26accordance with item (5) of subsection (a) of Section 2105-15

 

 

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1of the Department of Professional Regulation Law of the Civil
2Administrative Code of Illinois.
3    (e) (Blank).
4(Source: P.A. 101-81, eff. 7-12-19; 101-357, eff. 8-9-19;
5102-970, eff. 5-27-22.)
 
6    (225 ILCS 454/20-20.1)
7    (Section scheduled to be repealed on January 1, 2030)
8    Sec. 20-20.1. Citations.
9    (a) The Department may adopt rules to permit the issuance
10of citations to any licensee for failure to comply with the
11continuing education and post-license education requirements
12set forth in this Act or as adopted by rule. The citation shall
13be issued to the licensee, and a copy shall be sent to the
14licensee's designated managing broker and sponsoring broker.
15The citation shall contain the licensee's name and address,
16the licensee's license number, the number of required hours of
17continuing education or post-license education that have not
18been successfully completed by the licensee's renewal
19deadline, and the penalty imposed, which shall not exceed
20$2,000. The issuance of any such citation shall not excuse the
21licensee from completing all continuing education or
22post-license education required for that term of licensure.
23    (b) Service of a citation shall be made by in person,
24electronically, or by mail to the licensee at the licensee's
25address of record or email address of record, and must clearly

 

 

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1state that if the cited licensee wishes to dispute the
2citation, the cited licensee may make a written request,
3within 30 days after the citation is served, for a hearing
4before the Department. If the cited licensee does not request
5a hearing within 30 days after the citation is served, then the
6citation shall become a final, non-disciplinary order, and any
7fine imposed is due and payable within 60 days after that final
8order. If the cited licensee requests a hearing within 30 days
9after the citation is served, the Department shall afford the
10cited licensee a hearing conducted in the same manner as a
11hearing provided for in this Act for any violation of this Act
12and shall determine whether the cited licensee committed the
13violation as charged and whether the fine as levied is
14warranted. If the violation is found, any fine shall
15constitute non-public discipline and be due and payable within
1630 days after the order of the Secretary, which shall
17constitute a final order of the Department. No change in
18license status may be made by the Department until such time as
19a final order of the Department has been issued.
20    (c) Payment of a fine that has been assessed pursuant to
21this Section shall not constitute disciplinary action
22reportable on the Department's website or elsewhere unless a
23licensee has previously received 2 or more citations and has
24been assessed 2 or more fines.
25    (d) Nothing in this Section shall prohibit or limit the
26Department from taking further action pursuant to this Act and

 

 

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1rules for additional, repeated, or continuing violations.
2(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
 
3    (225 ILCS 454/20-21.1 new)
4    Sec. 20-21.1. Injunctions; cease and desist order.
5    (a) If any person violates the provisions of this Act, the
6Secretary may, in the name of the People of the State of
7Illinois, through the Attorney General or the State's Attorney
8for any county in which the action is brought, petition for an
9order enjoining the violation or for an order enforcing
10compliance with this Act. Upon the filing of a verified
11petition in court, the court may issue a temporary restraining
12order, without notice or condition, and may preliminarily and
13permanently enjoin the violation. If it is established that
14the person has violated or is violating the injunction, the
15Court may punish the offender for contempt of court.
16Proceedings under this Section shall be in addition to, and
17not in lieu of, all other remedies and penalties provided by
18this Act.
19    (b) If, in the opinion of the Department, a person
20violates a provision of this Act, the Department may issue a
21ruling to show cause why an order to cease and desist should
22not be entered against that person. The rule shall clearly set
23forth the grounds relied upon by the Department and shall
24allow at least 7 days from the date of the rule to file an
25answer to the satisfaction of the Department. Failure to

 

 

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1answer to the satisfaction of the Department shall cause an
2order to cease and desist to be issued immediately.
3    (c) Other than as provided in Section 5-20 of this Act, if
4any person practices as a managing broker, broker, or
5residential leasing agent or holds themselves out as a
6licensed sponsoring broker, managing broker, broker, or
7residential leasing agent under this Act without being issued
8a valid active license by the Department, then any licensed
9sponsoring broker, managing broker, broker, residential
10leasing agent, any interested party, or any person injured
11thereby may, in addition to the Secretary, petition for relief
12as provided in subsection (a).
 
13    (225 ILCS 454/20-22)
14    (Section scheduled to be repealed on January 1, 2030)
15    Sec. 20-22. Violations. Any person who is found working or
16acting as a managing broker, broker, or residential leasing
17agent or holding oneself himself or herself out as a licensed
18sponsoring broker, managing broker, broker, or residential
19leasing agent without being issued a valid active license is
20guilty of a Class A misdemeanor and, on conviction of a second
21or subsequent offense, the violator shall be guilty of a Class
224 felony.
23(Source: P.A. 101-357, eff. 8-9-19.)
 
24    (225 ILCS 454/20-23)

 

 

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1    (Section scheduled to be repealed on January 1, 2030)
2    Sec. 20-23. Confidentiality. All information collected by
3the Department in the course of an examination or
4investigation of a licensee or applicant, including, but not
5limited to, any complaint against a licensee, applicant, or
6any person who holds oneself himself or herself out as a
7licensee or applicant that is filed with the Department and
8information collected to investigate any such complaint, shall
9be maintained for the confidential use of the Department and
10shall not be disclosed. The Department may not disclose the
11information to anyone other than law enforcement officials,
12regulatory agencies that have an appropriate regulatory
13interest as determined by the Secretary, or a party presenting
14a lawful subpoena to the Department. Information and documents
15disclosed to a federal, State, county, or local law
16enforcement agency shall not be disclosed by the agency for
17any purpose to any other agency or person. A formal complaint
18filed against a licensee by the Department or any order issued
19by the Department against a licensee or applicant shall be a
20public record, except as otherwise prohibited by law.
21(Source: P.A. 98-553, eff. 1-1-14.)
 
22    (225 ILCS 454/20-25)
23    (Section scheduled to be repealed on January 1, 2030)
24    Sec. 20-25. Returned checks and dishonored credit card
25charges; fees. Any person who (1) delivers a check or other

 

 

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1payment to the Department that is returned to the Department
2unpaid by the financial institution upon which it is drawn
3shall pay to the Department; or (2) presents a credit or debit
4card for payment that is invalid or expired or against which
5charges by the Department are declined or dishonored, in
6addition to the amount already owed to the Department, a fee of
7$50. The Department shall notify the person that payment of
8fees and fines shall be paid to the Department by certified
9check or money order within 30 calendar days of the
10notification. If, after the expiration of 30 days from the
11date of the notification, the person has failed to submit the
12necessary remittance, the Department shall automatically
13revoke the license or deny the application, without hearing.
14If, after revocation or denial, the person seeks a license,
15the person he or she shall apply to the Department for
16restoration or issuance of the license and pay all fees and
17fines due to the Department. The Department may establish a
18fee for the processing of an application for restoration of a
19license to pay all expenses of processing this application.
20The Secretary may waive the fees due under this Section in
21individual cases where the Secretary finds that the fees would
22be unreasonable or unnecessarily burdensome.
23(Source: P.A. 101-357, eff. 8-9-19.)
 
24    (225 ILCS 454/20-60)
25    (Section scheduled to be repealed on January 1, 2030)

 

 

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1    Sec. 20-60. Investigations notice and hearing. The
2Department may investigate the actions of any applicant or of
3any person who is an applicant or person or persons rendering
4or offering to render services for which a license is required
5by this Act or any person holding or claiming to hold a license
6under this Act and may notify the his or her designated
7managing broker and sponsoring broker of the pending
8investigation. The Department shall, before revoking,
9suspending, placing on probation, reprimanding, or taking any
10other disciplinary action under Article 20 of this Act, at
11least 30 days before the date set for the hearing, (i) notify
12the person charged accused and the his or her designated
13managing broker and sponsoring broker in writing of the
14charges made and the time and place for the hearing on the
15charges and whether the licensee's license has been
16temporarily suspended pursuant to Section 20-65, (ii) direct
17the person accused to file a written answer to the charges with
18the Board under oath within 20 days after the service on him or
19her of the notice, and (iii) inform the person accused that
20failure if he or she fails to answer will result in a , default
21will be taken against him or her or that the person's his or
22her license may be suspended, revoked, placed on probationary
23status, or other disciplinary action taken with regard to the
24license, including limiting the scope, nature, or extent of
25the ability to his or her practice, as the Department may
26consider proper. At the time and place fixed in the notice, the

 

 

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1Board shall proceed to hear the charges and the parties or
2their counsel shall be accorded ample opportunity to present
3any pertinent statements, testimony, evidence, and arguments.
4The Board may continue the hearing from time to time. In case
5the person, after receiving the notice, fails to file an
6answer, the person's his or her license may, in the discretion
7of the Department, be suspended, revoked, placed on
8probationary status, or the Department may take whatever
9disciplinary action considered proper, including limiting the
10scope, nature, or extent of the person's practice or the
11imposition of a fine, without a hearing, if the act or acts
12charged constitute sufficient grounds for that action under
13this Act. The notice may be served by personal delivery, by
14mail, or, at the discretion of the Department, by electronic
15means as adopted by rule to the address or email address of
16record specified by the accused in his or her last
17notification with the Department and shall include notice to
18the designated managing broker and sponsoring broker. A copy
19of the Department's final disciplinary order shall be
20delivered to the designated managing broker and sponsoring
21broker.
22(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
 
23    (225 ILCS 454/20-69)
24    (Section scheduled to be repealed on January 1, 2030)
25    Sec. 20-69. Restoration of a suspended or revoked license.

 

 

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1At any time after the successful completion of a term of
2suspension, or revocation, or probation of a an individual's
3license, the Department may restore it to the licensee, upon
4the written recommendation of the Board, unless after an
5investigation and a hearing the Board determines that
6restoration is not in the public interest.
7(Source: P.A. 102-970, eff. 5-27-22.)
 
8    (225 ILCS 454/20-72)
9    (Section scheduled to be repealed on January 1, 2030)
10    Sec. 20-72. Secretary; rehearing. If the Secretary
11believes that substantial justice has not been done in the
12revocation or suspension of a license, with respect to refusal
13to issue, restore, or renew a license, or any other discipline
14of an applicant, licensee, or unlicensed person, then the
15Secretary he or she may order a rehearing by the same or other
16examiners.
17(Source: P.A. 101-357, eff. 8-9-19.)
 
18    (225 ILCS 454/25-10)
19    (Section scheduled to be repealed on January 1, 2030)
20    Sec. 25-10. Real Estate Administration and Disciplinary
21Board; duties. There is created the Real Estate Administration
22and Disciplinary Board. The Board shall be composed of 15
23persons appointed by the Governor. Members shall be appointed
24to the Board subject to the following conditions:

 

 

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1        (1) All members shall have been residents and citizens
2    of this State for at least 6 years prior to the date of
3    appointment.
4        (2) Twelve members shall have been actively engaged as
5    managing brokers or brokers or both for at least the 10
6    years prior to the appointment, 2 of whom must possess an
7    active pre-license instructor license.
8        (3) Three members of the Board shall be public members
9    who represent consumer interests.
10    None of these members shall be (i) a person who is licensed
11under this Act or a similar Act of another jurisdiction, (ii)
12the spouse or immediate family member of a licensee, or (iii) a
13person who has an ownership interest in a real estate
14brokerage business.
15    The members' terms shall be for 4 years and until a
16successor is appointed. No member shall be reappointed to the
17Board for a term that would cause the member's cumulative
18service to the Board to exceed 12 10 years. Appointments to
19fill vacancies shall be for the unexpired portion of the term.
20Those members of the Board that satisfy the requirements of
21paragraph (2) shall be chosen in a manner such that no area of
22the State shall be unreasonably represented. In making the
23appointments, the Governor shall give due consideration to the
24recommendations by members and organizations of the
25profession. The Governor may terminate the appointment of any
26member for cause that in the opinion of the Governor

 

 

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1reasonably justifies the termination. Cause for termination
2shall include without limitation misconduct, incapacity,
3neglect of duty, or missing 4 board meetings during any one
4fiscal year. Each member of the Board may receive a per diem
5stipend in an amount to be determined by the Secretary. While
6engaged in the performance of duties, each member shall be
7reimbursed for necessary expenses. Such compensation and
8expenses shall be paid out of the Real Estate License
9Administration Fund. The Secretary shall consider the
10recommendations of the Board on questions involving standards
11of professional conduct, discipline, education, and policies
12and procedures under this Act. With regard to this subject
13matter, the Secretary may establish temporary or permanent
14committees of the Board and may consider the recommendations
15of the Board on matters that include, but are not limited to,
16criteria for the licensing and renewal of education providers,
17pre-license and continuing education instructors, pre-license
18and continuing education curricula, standards of educational
19criteria, and qualifications for licensure and renewal of
20professions, courses, and instructors. The Department, after
21notifying and considering the recommendations of the Board, if
22any, may issue rules, consistent with the provisions of this
23Act, for the administration and enforcement thereof and may
24prescribe forms that shall be used in connection therewith.
25Eight Board members shall constitute a quorum. A quorum is
26required for all Board decisions. A vacancy in the membership

 

 

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1of the Board shall not impair the right of a quorum to exercise
2all of the rights and perform all of the duties of the Board.
3    The Board shall elect annually, at its first meeting of
4the fiscal year, a vice chairperson who shall preside, with
5voting privileges, at meetings when the chairperson is not
6present. Members of the Board shall be immune from suit in an
7action based upon any disciplinary proceedings or other acts
8performed in good faith as members of the Board.
9(Source: P.A. 102-970, eff. 5-27-22.)
 
10    (225 ILCS 454/25-25)
11    (Section scheduled to be repealed on January 1, 2030)
12    Sec. 25-25. Real Estate Research and Education Fund. A
13special fund to be known as the Real Estate Research and
14Education Fund is created and shall be held in trust in the
15State Treasury. Annually, on September 15th, the State
16Treasurer shall cause a transfer of $125,000 to the Real
17Estate Research and Education Fund from the Real Estate
18License Administration Fund. The Real Estate Research and
19Education Fund shall be administered by the Department. Money
20deposited in the Real Estate Research and Education Fund may
21be used for research and for education at state institutions
22of higher education or other organizations for research and
23for education to further the advancement of education in the
24real estate industry or can be used by the Department for
25expenses related to the education of licensees. Of the

 

 

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1$125,000 annually transferred into the Real Estate Research
2and Education Fund, $15,000 shall be used to fund a
3scholarship program for persons of minority racial origin who
4wish to pursue a course of study in the field of real estate.
5For the purposes of this Section, "course of study" means a
6course or courses that are part of a program of courses in the
7field of real estate designed to further an individual's
8knowledge or expertise in the field of real estate. These
9courses shall include, without limitation, courses that a
10broker licensed under this Act must complete to qualify for a
11managing broker's license, courses required to obtain the
12Graduate Realtors Institute designation, and any other courses
13or programs offered by accredited colleges, universities, or
14other institutions of higher education in Illinois. The
15scholarship program shall be administered by the Department or
16its designee. Moneys in the Real Estate Research and Education
17Fund may be invested and reinvested in the same manner as funds
18in the Real Estate Recovery Fund and all earnings, interest,
19and dividends received from such investments shall be
20deposited in the Real Estate Research and Education Fund and
21may be used for the same purposes as moneys transferred to the
22Real Estate Research and Education Fund. Moneys in the Real
23Estate Research and Education Fund may be transferred to the
24Professions Indirect Cost Fund as authorized under Section
252105-300 of the Department of Professional Regulation Law of
26the Civil Administrative Code of Illinois.

 

 

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1(Source: P.A. 101-357, eff. 8-9-19.)
 
2    (225 ILCS 454/25-21 rep.)
3    Section 25. The Real Estate License Act of 2000 is amended
4by repealing Section 25-21.
 
5    Section 30. The Real Estate Appraiser Licensing Act of
62002 is amended by changing Sections 1-10, 5-25, 10-5, 10-10,
715-10, 15-15, and 25-10 as follows:
 
8    (225 ILCS 458/1-10)
9    (Section scheduled to be repealed on January 1, 2027)
10    Sec. 1-10. Definitions. As used in this Act, unless the
11context otherwise requires:
12    "Accredited college or university, junior college, or
13community college" means a college or university, junior
14college, or community college that is approved or accredited
15by the Board of Higher Education, a regional or national
16accreditation association, or by an accrediting agency that is
17recognized by the U.S. Secretary of Education.
18    "Address of record" means the designated street address,
19which may not be a post office box, recorded by the Department
20in the applicant's or licensee's application file or license
21file as maintained by the Department.
22    "Applicant" means a person who applies to the Department
23for a license under this Act.

 

 

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1    "Appraisal" means (noun) the act or process of developing
2an opinion of value; an opinion of value (adjective) of or
3pertaining to appraising and related functions, such as
4appraisal practice or appraisal services.
5    "Appraisal assignment" means a valuation service provided
6pursuant to an agreement between an appraiser and a client.
7    "Appraisal firm" means an appraisal entity that is 100%
8owned and controlled by a person or persons licensed in
9Illinois as a certified general real estate appraiser or a
10certified residential real estate appraiser. "Appraisal firm"
11does not include an appraisal management company.
12    "Appraisal management company" means any corporation,
13limited liability company, partnership, sole proprietorship,
14subsidiary, unit, or other business entity that directly or
15indirectly: (1) provides appraisal management services to
16creditors or secondary mortgage market participants, including
17affiliates; (2) provides appraisal management services in
18connection with valuing the consumer's principal dwelling as
19security for a consumer credit transaction (including consumer
20credit transactions incorporated into securitizations); and
21(3) any appraisal management company that, within a given
2212-month period, oversees an appraiser panel of 16 or more
23State-certified appraisers in Illinois or 25 or more
24State-certified or State-licensed appraisers in 2 or more
25jurisdictions. "Appraisal management company" includes a
26hybrid entity.

 

 

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1    "Appraisal practice" means valuation services performed by
2an individual acting as an appraiser, including, but not
3limited to, appraisal or appraisal review.
4    "Appraisal qualification board (AQB)" means the
5independent board of the Appraisal Foundation, which, under
6the provisions of Title XI of the Financial Institutions
7Reform, Recovery, and Enforcement Act of 1989, establishes the
8minimum education, experience, and examination requirements
9for real property appraisers to obtain a state certification
10or license.
11    "Appraisal report" means any communication, written or
12oral, of an appraisal or appraisal review that is transmitted
13to a client upon completion of an assignment.
14    "Appraisal review" means the act or process of developing
15and communicating an opinion about the quality of another
16appraiser's work that was performed as part of an appraisal,
17appraisal review, or appraisal assignment.
18    "Appraisal Subcommittee" means the Appraisal Subcommittee
19of the Federal Financial Institutions Examination Council as
20established by Title XI.
21    "Appraiser" means a person who performs real estate or
22real property appraisals competently and in a manner that is
23independent, impartial, and objective.
24    "Appraiser panel" means a network, list, or roster of
25licensed or certified appraisers approved by the appraisal
26management company or by the end-user client to perform

 

 

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1appraisals as independent contractors for the appraisal
2management company. "Appraiser panel" includes both appraisers
3accepted by an appraisal management company for consideration
4for future appraisal assignments and appraisers engaged by an
5appraisal management company to perform one or more
6appraisals. For the purposes of determining the size of an
7appraiser panel, only independent contractors of hybrid
8entities shall be counted towards the appraiser panel.
9    "AQB" means the Appraisal Qualifications Board of the
10Appraisal Foundation.
11    "Associate real estate trainee appraiser" means an
12entry-level appraiser who holds a license of this
13classification under this Act with restrictions as to the
14scope of practice in accordance with this Act.
15    "Automated valuation model" means an automated system that
16is used to derive a property value through the use of available
17property records and various analytic methodologies such as
18comparable sales prices, home characteristics, and price
19changes.
20    "Board" means the Real Estate Appraisal Administration and
21Disciplinary Board.
22    "Broker price opinion" means an estimate or analysis of
23the probable selling price of a particular interest in real
24estate, which may provide a varying level of detail about the
25property's condition, market, and neighborhood and information
26on comparable sales. The activities of a real estate broker or

 

 

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1managing broker engaging in the ordinary course of business as
2a broker, as defined in this Section, shall not be considered a
3broker price opinion if no compensation is paid to the broker
4or managing broker, other than compensation based upon the
5sale or rental of real estate.
6    "Classroom hour" means 50 minutes of instruction out of
7each 60-minute segment of coursework.
8    "Client" means the party or parties who engage an
9appraiser by employment or contract in a specific appraisal
10assignment.
11    "Comparative market analysis" is an analysis or opinion
12regarding pricing, marketing, or financial aspects relating to
13a specified interest or interests in real estate that may be
14based upon an analysis of comparative market data, the
15expertise of the real estate broker or managing broker, and
16such other factors as the broker or managing broker may deem
17appropriate in developing or preparing such analysis or
18opinion. The activities of a real estate broker or managing
19broker engaging in the ordinary course of business as a
20broker, as defined in this Section, shall not be considered a
21comparative market analysis if no compensation is paid to the
22broker or managing broker, other than compensation based upon
23the sale or rental of real estate.
24    "Coordinator" means the Real Estate Appraisal Coordinator
25created in Section 25-15.
26    "Department" means the Department of Financial and

 

 

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1Professional Regulation.
2    "Email address of record" means the designated email
3address recorded by the Department in the applicant's
4application file or the licensee's license file maintained by
5the Department.
6    "Evaluation" means a valuation permitted by the appraisal
7regulations of the Federal Financial Institutions Examination
8Council and its federal agencies for transactions that qualify
9for the appraisal threshold exemption, business loan
10exemption, or subsequent transaction exemption.
11    "Federal financial institutions regulatory agencies" means
12the Board of Governors of the Federal Reserve System, the
13Federal Deposit Insurance Corporation, the Office of the
14Comptroller of the Currency, the Consumer Financial Protection
15Bureau, and the National Credit Union Administration.
16    "Federally related transaction" means any real
17estate-related financial transaction in which a federal
18financial institutions regulatory agency engages in, contracts
19for, or regulates and requires the services of an appraiser.
20    "Financial institution" means any bank, savings bank,
21savings and loan association, credit union, mortgage broker,
22mortgage banker, licensee under the Consumer Installment Loan
23Act or the Sales Finance Agency Act, or a corporate fiduciary,
24subsidiary, affiliate, parent company, or holding company of
25any such licensee, or any institution involved in real estate
26financing that is regulated by state or federal law.

 

 

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1    "Hybrid entity" means an appraisal management company that
2hires an appraiser as an employee to perform an appraisal and
3engages an independent contractor to perform an appraisal.
4    "License" means the privilege conferred by the Department
5to a person that has fulfilled all requirements prerequisite
6to any type of licensure under this Act.
7    "Licensee" means any person licensed under this Act.
8    "Multi-state licensing system" means a web-based platform
9that allows an applicant to submit the application or license
10renewal application to the Department online.
11    "Person" means an individual, entity, sole proprietorship,
12corporation, limited liability company, partnership, and joint
13venture, foreign or domestic, except that when the context
14otherwise requires, the term may refer to more than one
15individual or other described entity.
16    "Real estate" means an identified parcel or tract of land,
17including any improvements.
18    "Real estate related financial transaction" means any
19transaction involving:
20        (1) the sale, lease, purchase, investment in, or
21    exchange of real property, including interests in property
22    or the financing thereof;
23        (2) the refinancing of real property or interests in
24    real property; and
25        (3) the use of real property or interest in property
26    as security for a loan or investment, including mortgage

 

 

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1    backed securities.
2    "Real property" means the interests, benefits, and rights
3inherent in the ownership of real estate.
4    "Secretary" means the Secretary of Financial and
5Professional Regulation or the Secretary's designee.
6    "State certified general real estate appraiser" means an
7appraiser who holds a license of this classification under
8this Act and such classification applies to the appraisal of
9all types of real property without restrictions as to the
10scope of practice.
11    "State certified residential real estate appraiser" means
12an appraiser who holds a license of this classification under
13this Act and such classification applies to the appraisal of
14one to 4 units of residential real property without regard to
15transaction value or complexity, but with restrictions as to
16the scope of practice in a federally related transaction in
17accordance with Title XI, the provisions of USPAP, criteria
18established by the AQB, and further defined by rule.
19    "Supervising appraiser" means either (i) an appraiser who
20holds a valid license under this Act as either a State
21certified general real estate appraiser or a State certified
22residential real estate appraiser, who co-signs an appraisal
23report for an associate real estate trainee appraiser or (ii)
24a State certified general real estate appraiser who holds a
25valid license under this Act who co-signs an appraisal report
26for a State certified residential real estate appraiser on

 

 

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1properties other than one to 4 units of residential real
2property without regard to transaction value or complexity.
3    "Title XI" means Title XI of the federal Financial
4Institutions Reform, Recovery, and Enforcement Act of 1989.
5    "USPAP" means the Uniform Standards of Professional
6Appraisal Practice as promulgated by the Appraisal Standards
7Board pursuant to Title XI and by rule.
8    "Valuation services" means services pertaining to aspects
9of property value.
10(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;
11102-970, eff. 5-27-22.)
 
12    (225 ILCS 458/5-25)
13    (Section scheduled to be repealed on January 1, 2027)
14    Sec. 5-25. Renewal of license.
15    (a) The expiration date and renewal period for a State
16certified general real estate appraiser license or a State
17certified residential real estate appraiser license issued
18under this Act shall be set by rule. Except as otherwise
19provided in subsections (b) and (f) of this Section, the
20holder of a license may renew the license within 90 days
21preceding the expiration date by:
22        (1) completing and submitting to the Department, or
23    through a multi-state licensing system as designated by
24    the Secretary, a renewal application form as provided by
25    the Department;

 

 

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1        (2) paying the required fees; and
2        (3) providing evidence to the Department, or through a
3    multi-state licensing system as designated by the
4    Secretary, of successful completion of the continuing
5    education requirements through courses approved by the
6    Department from education providers licensed by the
7    Department, as established by the AQB and by rule.
8    (b) A State certified general real estate appraiser or
9State certified residential real estate appraiser whose
10license under this Act has expired may renew the license for a
11period of 2 years following the expiration date by complying
12with the requirements of paragraphs (1), (2), and (3) of
13subsection (a) of this Section and paying any late penalties
14established by rule.
15    (c) (Blank).
16    (d) The expiration date and renewal period for an
17associate real estate trainee appraiser license issued under
18this Act shall be set by rule. Except as otherwise provided in
19subsections (e) and (f) of this Section, the holder of an
20associate real estate trainee appraiser license may renew the
21license within 90 days preceding the expiration date by:
22        (1) completing and submitting to the Department, or
23    through a multi-state licensing system as designated by
24    the Secretary, a renewal application form as provided by
25    the Department;
26        (2) paying the required fees; and

 

 

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1        (3) providing evidence to the Department, or through a
2    multi-state licensing system as designated by the
3    Secretary, of successful completion of the continuing
4    education requirements through courses approved by the
5    Department from education providers approved by the
6    Department, as established by rule.
7    (e) Any associate real estate trainee appraiser whose
8license under this Act has expired may renew the license for a
9period of 2 years following the expiration date by complying
10with the requirements of paragraphs (1), (2), and (3) of
11subsection (d) of this Section and paying any late penalties
12as established by rule.
13    (f) Notwithstanding subsections (c) and (e), an appraiser
14whose license under this Act has expired may renew or convert
15the license without paying any lapsed renewal fees or late
16penalties if the license expired while the appraiser was:
17        (1) on active duty with the United States Armed
18    Services;
19        (2) serving as the Coordinator or an employee of the
20    Department who was required to surrender the license
21    during the term of employment.
22    Application for renewal must be made within 2 years
23following the termination of the military service or related
24education, training, or employment and shall include an
25affidavit from the licensee of engagement.
26    (g) The Department shall provide reasonable care and due

 

 

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1diligence to ensure that each licensee under this Act is
2provided with a renewal application at least 90 days prior to
3the expiration date, but timely renewal or conversion of the
4license prior to its expiration date is the responsibility of
5the licensee.
6    (h) The Department shall not issue or renew a license if
7the applicant or licensee has an unpaid fine or fee from a
8disciplinary matter or from a non-disciplinary action imposed
9by the Department until the fine or fee is paid to the
10Department or the applicant or licensee has entered into a
11payment plan and is current on the required payments.
12    (i) The Department shall not issue or renew a license if
13the applicant or licensee has an unpaid fine or civil penalty
14imposed by the Department for unlicensed practice until the
15fine or civil penalty is paid to the Department or the
16applicant or licensee has entered into a payment plan and is
17current on the required payments.
18(Source: P.A. 101-81, eff. 7-12-19; 102-20, eff. 1-1-22;
19102-970, eff. 5-27-22.)
 
20    (225 ILCS 458/10-5)
21    (Section scheduled to be repealed on January 1, 2027)
22    Sec. 10-5. Scope of practice.
23    (a) This Act does not limit a State certified general real
24estate appraiser's scope of practice in a federally related
25transaction. A State certified general real estate appraiser

 

 

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1may independently provide appraisal services, review, or
2consult related to any type of property for which there is
3related experience or competency by the appraiser. All such
4appraisal practice must be made in accordance with the
5provisions of USPAP, criteria established by the AQB, and
6rules adopted pursuant to this Act.
7    (b) A State certified residential real estate appraiser is
8limited in scope of practice to the provisions of USPAP,
9criteria established by the AQB, and the rules adopted
10pursuant to this Act.
11    (c) A State certified residential real estate appraiser
12must have a State certified general real estate appraiser who
13holds a valid license under this Act co-sign all appraisal
14reports on properties other than one to 4 units of residential
15real property without regard to transaction value or
16complexity.
17    (d) An associate real estate trainee appraiser is limited
18in scope of practice in all transactions or appraisal reports
19in accordance with the provisions of USPAP, this Act, and the
20rules adopted pursuant to this Act. In addition, an An
21associate real estate trainee appraiser shall be required to
22have a State certified general real estate appraiser or State
23certified residential real estate appraiser who holds a valid
24license under this Act to co-sign all appraisal reports. A
25supervising appraiser may not supervise more than 3 associate
26real estate trainee appraisers at one time. Associate real

 

 

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1estate trainee appraisers shall not be limited in the number
2of concurrent supervising appraisers. A chronological
3appraisal log on an approved log form shall be maintained by
4the associate real estate trainee appraiser and shall be made
5available to the Department upon request. Notwithstanding any
6other provision of this subsection to the contrary, the
7Appraisal Qualification Board may establish alternative
8experience requirements as an associate real estate trainee
9appraiser that is adopted by rule.
10(Source: P.A. 102-20, eff. 1-1-22.)
 
11    (225 ILCS 458/10-10)
12    (Section scheduled to be repealed on January 1, 2027)
13    Sec. 10-10. Standards of practice. All persons licensed
14under this Act must comply with standards of professional
15appraisal practice adopted by the Department. The Department
16must adopt, as part of its rules, the Uniform Standards of
17Professional Appraisal Practice (USPAP) as published from time
18to time by the Appraisal Standards Board of the Appraisal
19Foundation. The Department shall consider federal laws and
20regulations, including, but not limited to, appraisal
21qualification board policies and guidelines, regarding the
22licensure of real estate appraisers prior to adopting its
23rules for the administration of this Act. When an appraisal
24obtained through an appraisal management company is used for
25loan purposes, the borrower or loan applicant shall be

 

 

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1provided with a written disclosure of the total compensation
2to the appraiser or appraisal firm within the body of the
3appraisal report and it shall not be redacted or otherwise
4obscured.
5(Source: P.A. 102-20, eff. 1-1-22.)
 
6    (225 ILCS 458/15-10)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 15-10. Grounds for disciplinary action.
9    (a) The Department may suspend, revoke, refuse to issue,
10renew, or restore a license and may reprimand place on
11probation or administrative supervision, or take any
12disciplinary or non-disciplinary action, including imposing
13conditions limiting the scope, nature, or extent of the real
14estate appraisal practice of a licensee or reducing the
15appraisal rank of a licensee, and may impose an administrative
16fine not to exceed $25,000 for each violation upon a licensee
17or applicant under this Act or any person who holds oneself out
18as an applicant or licensee for any one or combination of the
19following:
20        (1) Procuring or attempting to procure a license by
21    knowingly making a false statement, submitting false
22    information, engaging in any form of fraud or
23    misrepresentation, or refusing to provide complete
24    information in response to a question in an application
25    for licensure.

 

 

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1        (2) Failing to meet the minimum qualifications for
2    licensure as an appraiser established by this Act.
3        (3) Paying money, other than for the fees provided for
4    by this Act, or anything of value to a member or employee
5    of the Board or the Department to procure licensure under
6    this Act.
7        (4) Conviction of, or plea of guilty or nolo
8    contendere, as enumerated in subsection (e) of Section
9    5-22, under the laws of any jurisdiction of the United
10    States: (i) that is a felony, misdemeanor, or
11    administrative sanction or (ii) that is a crime that
12    subjects the licensee to compliance with the requirements
13    of the Sex Offender Registration Act.
14        (5) Committing an act or omission involving
15    dishonesty, fraud, or misrepresentation with the intent to
16    substantially benefit the licensee or another person or
17    with intent to substantially injure another person as
18    defined by rule.
19        (6) Violating a provision or standard for the
20    development or communication of real estate appraisals as
21    provided in Section 10-10 of this Act or as defined by
22    rule.
23        (7) Failing or refusing without good cause to exercise
24    reasonable diligence in developing, reporting, or
25    communicating an appraisal, as defined by this Act or by
26    rule.

 

 

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1        (8) Violating a provision of this Act or the rules
2    adopted pursuant to this Act.
3        (9) Having been disciplined by another state, the
4    District of Columbia, a territory, a foreign nation, a
5    governmental agency, or any other entity authorized to
6    impose discipline if at least one of the grounds for that
7    discipline is the same as or the equivalent of one of the
8    grounds for which a licensee may be disciplined under this
9    Act.
10        (10) Engaging in dishonorable, unethical, or
11    unprofessional conduct of a character likely to deceive,
12    defraud, or harm the public.
13        (11) Accepting an appraisal assignment when the
14    employment itself is contingent upon the appraiser
15    reporting a predetermined estimate, analysis, or opinion
16    or when the fee to be paid is contingent upon the opinion,
17    conclusion, or valuation reached or upon the consequences
18    resulting from the appraisal assignment.
19        (12) Developing valuation conclusions based on the
20    race, color, religion, sex, national origin, ancestry,
21    age, marital status, family status, physical or mental
22    disability, sexual orientation, pregnancy, order of
23    protection status, military status, or unfavorable
24    military discharge, source of income, or any other
25    protected class as defined under the Illinois Human Rights
26    Act, of the prospective or present owners or occupants of

 

 

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1    the area or property under appraisal.
2        (13) Violating the confidential nature of government
3    records to which the licensee gained access through
4    employment or engagement as an appraiser by a government
5    agency.
6        (14) Being adjudicated liable in a civil proceeding on
7    grounds of fraud, misrepresentation, or deceit. In a
8    disciplinary proceeding based upon a finding of civil
9    liability, the appraiser shall be afforded an opportunity
10    to present mitigating and extenuating circumstances, but
11    may not collaterally attack the civil adjudication.
12        (15) Being adjudicated liable in a civil proceeding
13    for violation of a state or federal fair housing law.
14        (16) Engaging in misleading or untruthful advertising
15    or using a trade name or insignia of membership in a real
16    estate appraisal or real estate organization of which the
17    licensee is not a member.
18        (17) Failing to fully cooperate with a Department
19    investigation by knowingly making a false statement,
20    submitting false or misleading information, or refusing to
21    provide complete information in response to written
22    interrogatories or a written request for documentation
23    within 30 days of the request.
24        (18) Failing to include within the certificate of
25    appraisal for all written appraisal reports the
26    appraiser's license number and licensure title. All

 

 

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1    appraisers providing significant contribution to the
2    development and reporting of an appraisal must be
3    disclosed in the appraisal report. It is a violation of
4    this Act for an appraiser to sign a report, transmittal
5    letter, or appraisal certification knowing that a person
6    providing a significant contribution to the report has not
7    been disclosed in the appraisal report.
8        (19) Violating the terms of a disciplinary order or
9    consent to administrative supervision order.
10        (20) Habitual or excessive use or addiction to
11    alcohol, narcotics, stimulants, or any other chemical
12    agent or drug that results in a licensee's inability to
13    practice with reasonable judgment, skill, or safety.
14        (21) A physical or mental illness or disability which
15    results in the inability to practice under this Act with
16    reasonable judgment, skill, or safety.
17        (22) Gross negligence in developing an appraisal or in
18    communicating an appraisal or failing to observe one or
19    more of the Uniform Standards of Professional Appraisal
20    Practice.
21        (23) A pattern of practice or other behavior that
22    demonstrates incapacity or incompetence to practice under
23    this Act.
24        (24) Using or attempting to use the seal, certificate,
25    or license of another as one's own; falsely impersonating
26    any duly licensed appraiser; using or attempting to use an

 

 

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1    inactive, expired, suspended, or revoked license; or
2    aiding or abetting any of the foregoing.
3        (25) Solicitation of professional services by using
4    false, misleading, or deceptive advertising.
5        (26) Making a material misstatement in furnishing
6    information to the Department.
7        (27) Failure to furnish information to the Department
8    upon written request.
9    (b) The Department may reprimand suspend, revoke, or
10refuse to issue or renew an education provider's license, may
11reprimand, place on probation, or otherwise discipline an
12education provider and may suspend or revoke the course
13approval of any course offered by an education provider and
14may impose an administrative fine not to exceed $25,000 upon
15an education provider, for any of the following:
16        (1) Procuring or attempting to procure licensure by
17    knowingly making a false statement, submitting false
18    information, engaging in any form of fraud or
19    misrepresentation, or refusing to provide complete
20    information in response to a question in an application
21    for licensure.
22        (2) Failing to comply with the covenants certified to
23    on the application for licensure as an education provider.
24        (3) Committing an act or omission involving
25    dishonesty, fraud, or misrepresentation or allowing any
26    such act or omission by any employee or contractor under

 

 

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1    the control of the provider.
2        (4) Engaging in misleading or untruthful advertising.
3        (5) Failing to retain competent instructors in
4    accordance with rules adopted under this Act.
5        (6) Failing to meet the topic or time requirements for
6    course approval as the provider of a qualifying curriculum
7    course or a continuing education course.
8        (7) Failing to administer an approved course using the
9    course materials, syllabus, and examinations submitted as
10    the basis of the course approval.
11        (8) Failing to provide an appropriate classroom
12    environment for presentation of courses, with
13    consideration for student comfort, acoustics, lighting,
14    seating, workspace, and visual aid material.
15        (9) Failing to maintain student records in compliance
16    with the rules adopted under this Act.
17        (10) Failing to provide a certificate, transcript, or
18    other student record to the Department or to a student as
19    may be required by rule.
20        (11) Failing to fully cooperate with an investigation
21    by the Department by knowingly making a false statement,
22    submitting false or misleading information, or refusing to
23    provide complete information in response to written
24    interrogatories or a written request for documentation
25    within 30 days of the request.
26    (c) In appropriate cases, the Department may resolve a

 

 

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1complaint against a licensee through the issuance of a Consent
2to Administrative Supervision order. A licensee subject to a
3Consent to Administrative Supervision order shall be
4considered by the Department as an active licensee in good
5standing. This order shall not be reported or considered by
6the Department to be a discipline of the licensee. The records
7regarding an investigation and a Consent to Administrative
8Supervision order shall be considered confidential and shall
9not be released by the Department except as mandated by law. A
10complainant shall be notified if the complaint has been
11resolved by a Consent to Administrative Supervision order.
12(Source: P.A. 102-20, eff. 1-1-22.)
 
13    (225 ILCS 458/15-15)
14    (Section scheduled to be repealed on January 1, 2027)
15    Sec. 15-15. Investigation; notice; hearing.
16    (a) Upon the motion of the Department or the Board or upon
17a complaint in writing of a person setting forth facts that, if
18proven, would constitute grounds for suspension, revocation,
19or other disciplinary action, the Department shall investigate
20the actions or qualifications of any person who is against a
21licensee, or applicant for licensure, unlicensed person,
22person rendering or offering to render appraisal services, or
23holding or claiming to hold a license under this Act the
24Department shall investigate the actions of the licensee or
25applicant. If, upon investigation, the Department believes

 

 

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1that there may be cause for suspension, revocation, or other
2disciplinary action, the Department shall use the services of
3a State certified general real estate appraiser, a State
4certified residential real estate appraiser, or the
5Coordinator to assist in determining whether grounds for
6disciplinary action exist prior to commencing formal
7disciplinary proceedings.
8    (b) Formal disciplinary proceedings shall commence upon
9the issuance of a written complaint describing the charges
10that are the basis of the disciplinary action and delivery of
11the detailed complaint to the address of record of the person
12charged licensee or applicant. For an associate real estate
13trainee appraiser, a copy shall also be sent to the licensee's
14supervising appraiser of record. The Department shall notify
15the person licensee or applicant to file a verified written
16answer within 20 days after the service of the notice and
17complaint. The notification shall inform the person licensee
18or applicant of the right to be heard in person or by legal
19counsel; that the hearing will be afforded not sooner than 20
20days after service of the complaint; that failure to file an
21answer will result in a default being entered against the
22person licensee or applicant; that the license may be
23suspended, revoked, or placed on probationary status; and that
24other disciplinary action may be taken pursuant to this Act,
25including limiting the scope, nature, or extent of the
26licensee's practice. If the person licensee or applicant fails

 

 

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1to file an answer after service of notice, the respective
2license may, at the discretion of the Department, be
3suspended, revoked, or placed on probationary status and the
4Department may take whatever disciplinary action it deems
5proper, including limiting the scope, nature, or extent of the
6person's practice, without a hearing.
7    (c) At the time and place fixed in the notice, the Board
8shall conduct hearing of the charges, providing both the
9accused person charged and the complainant ample opportunity
10to present in person or by counsel such statements, testimony,
11evidence, and argument as may be pertinent to the charges or to
12a defense thereto.
13    (d) The Board shall present to the Secretary a written
14report of its findings of fact and recommendations. A copy of
15the report shall be served upon the person licensee or
16applicant, either personally, by mail, or, at the discretion
17of the Department, by electronic means. For associate real
18estate trainee appraisers, a copy shall also be sent to the
19licensee's supervising appraiser of record. Within 20 days
20after the service, the person licensee or applicant may
21present the Secretary with a motion in writing for a rehearing
22and shall specify the particular grounds for the request. If
23the person accused orders a transcript of the record as
24provided in this Act, the time elapsing thereafter and before
25the transcript is ready for delivery to the person accused
26shall not be counted as part of the 20 days. If the Secretary

 

 

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1is not satisfied that substantial justice has been done, the
2Secretary may order a rehearing by the Board or other special
3committee appointed by the Secretary, may remand the matter to
4the Board for its reconsideration of the matter based on the
5pleadings and evidence presented to the Board, or may enter a
6final order in contravention of the Board's recommendation.
7Notwithstanding a person's licensee's or applicant's failure
8to file a motion for rehearing, the Secretary shall have the
9right to take any of the actions specified in this subsection
10(d). Upon the suspension or revocation of a license, the
11licensee shall be required to surrender the respective license
12to the Department, and upon failure or refusal to do so, the
13Department shall have the right to seize the license.
14    (e) The Department has the power to issue subpoenas and
15subpoenas duces tecum to bring before it any person in this
16State, to take testimony, or to require production of any
17records relevant to an inquiry or hearing by the Board in the
18same manner as prescribed by law in judicial proceedings in
19the courts of this State. In a case of refusal of a witness to
20attend, testify, or to produce books or papers concerning a
21matter upon which the witness might be lawfully examined, the
22circuit court of the county where the hearing is held, upon
23application of the Department or any party to the proceeding,
24may compel obedience by proceedings as for contempt.
25    (f) Any license that is revoked may not be restored for a
26minimum period of 3 years.

 

 

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1    (g) In addition to the provisions of this Section
2concerning the conduct of hearings and the recommendations for
3discipline, the Department has the authority to negotiate
4disciplinary and non-disciplinary settlement agreements
5concerning any license issued under this Act. All such
6agreements shall be recorded as Consent Orders or Consent to
7Administrative Supervision Orders.
8    (h) The Secretary shall have the authority to appoint an
9attorney duly licensed to practice law in the State of
10Illinois to serve as the hearing officer in any action to
11suspend, revoke, or otherwise discipline any license issued by
12the Department. The Hearing Officer shall have full authority
13to conduct the hearing.
14    (i) The Department, at its expense, shall preserve a
15record of all formal hearings of any contested case involving
16the discipline of a license. At all hearings or pre-hearing
17conferences, the Department and the licensee shall be entitled
18to have the proceedings transcribed by a certified shorthand
19reporter. A copy of the transcribed proceedings shall be made
20available to the licensee by the certified shorthand reporter
21upon payment of the prevailing contract copy rate.
22(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
 
23    (225 ILCS 458/25-10)
24    (Section scheduled to be repealed on January 1, 2027)
25    Sec. 25-10. Real Estate Appraisal Administration and

 

 

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1Disciplinary Board; appointment.
2    (a) There is hereby created the Real Estate Appraisal
3Administration and Disciplinary Board. The Board shall be
4composed of the Coordinator and 10 persons appointed by the
5Governor. Members shall be appointed to the Board subject to
6the following conditions:
7        (1) All appointed members shall have been residents
8    and citizens of this State for at least 5 years prior to
9    the date of appointment.
10        (2) The appointed membership of the Board should
11    reasonably reflect the geographic distribution of the
12    population of the State.
13        (3) Four appointed members shall have been actively
14    engaged and currently licensed as State certified general
15    real estate appraisers for a period of not less than 5
16    years.
17        (4) Three appointed members shall have been actively
18    engaged and currently licensed as State certified
19    residential real estate appraisers for a period of not
20    less than 5 years.
21        (5) One appointed member shall hold a valid license as
22    a real estate broker for at least 3 years prior to the date
23    of the appointment and shall hold either a valid State
24    certified general real estate appraiser license or a valid
25    State certified residential appraiser license issued under
26    this Act or a predecessor Act for a period of at least 5

 

 

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1    years prior to the appointment.
2        (6) One appointed member shall be a representative of
3    a financial institution, as evidenced by proof of
4    employment with a financial institution.
5        (7) One appointed member shall represent the interests
6    of the general public. This member or the member's spouse
7    shall not be licensed under this Act nor be employed by or
8    have any financial interest in an appraisal business,
9    appraisal management company, real estate brokerage
10    business, or a financial institution.
11    In making appointments as provided in paragraphs (3) and
12(4) of this subsection, the Governor shall give due
13consideration to recommendations by members and organizations
14representing the profession.
15    In making the appointments as provided in paragraph (5) of
16this subsection, the Governor shall give due consideration to
17the recommendations by members and organizations representing
18the real estate industry.
19    In making the appointment as provided in paragraph (6) of
20this subsection, the Governor shall give due consideration to
21the recommendations by members and organizations representing
22financial institutions.
23    (b) The members' terms shall be for 4 years or until a
24successor is appointed. No member shall be reappointed to the
25Board for a term that would cause the member's cumulative
26service to the Board to exceed 12 10 years. Appointments to

 

 

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1fill vacancies shall be for the unexpired portion of the term.
2    (c) The Governor may terminate the appointment of a member
3for cause that, in the opinion of the Governor, reasonably
4justifies the termination. Cause for termination may include,
5without limitation, misconduct, incapacity, neglect of duty,
6or missing 4 Board meetings during any one fiscal year.
7    (d) A majority of the Board members shall constitute a
8quorum. A vacancy in the membership of the Board shall not
9impair the right of a quorum to exercise all of the rights and
10perform all of the duties of the Board.
11    (e) The Board shall meet at least monthly and may be
12convened by the Chairperson, Vice-Chairperson, or 3 members of
13the Board upon 10 days written notice.
14    (f) The Board shall, annually at the first meeting of the
15fiscal year, elect a Chairperson and Vice-Chairperson from its
16members. The Chairperson shall preside over the meetings and
17shall coordinate with the Coordinator in developing and
18distributing an agenda for each meeting. In the absence of the
19Chairperson, the Vice-Chairperson shall preside over the
20meeting.
21    (g) The Coordinator shall serve as a member of the Board
22without vote.
23    (h) The Board shall advise and make recommendations to the
24Department on the education and experience qualifications of
25any applicant for initial licensure as a State certified
26general real estate appraiser or a State certified residential

 

 

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1real estate appraiser. The Department shall not make any
2decisions concerning education or experience qualifications of
3an applicant for initial licensure as a State certified
4general real estate appraiser or a State certified residential
5real estate appraiser without having first received the advice
6and recommendation of the Board and shall give due
7consideration to all such advice and recommendations; however,
8if the Board does not render advice or make a recommendation
9within a reasonable amount of time, then the Department may
10render a decision.
11    (i) Except as provided in Section 15-17 of this Act, the
12Board shall hear and make recommendations to the Secretary on
13disciplinary matters that require a formal evidentiary
14hearing. The Secretary shall give due consideration to the
15recommendations of the Board involving discipline and
16questions involving standards of professional conduct of
17licensees.
18    (j) The Department shall seek and the Board shall provide
19recommendations to the Department consistent with the
20provisions of this Act and for the administration and
21enforcement of all rules adopted pursuant to this Act. The
22Department shall give due consideration to such
23recommendations prior to adopting rules.
24    (k) The Department shall seek and the Board shall provide
25recommendations to the Department on the approval of all
26courses submitted to the Department pursuant to this Act and

 

 

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1the rules adopted pursuant to this Act. The Department shall
2not approve any courses without having first received the
3recommendation of the Board and shall give due consideration
4to such recommendations prior to approving and licensing
5courses; however, if the Board does not make a recommendation
6within a reasonable amount of time, then the Department may
7approve courses.
8    (l) Each voting member of the Board may receive a per diem
9stipend in an amount to be determined by the Secretary. While
10engaged in the performance of duties, each member shall be
11reimbursed for necessary expenses.
12    (m) Members of the Board shall be immune from suit in an
13action based upon any disciplinary proceedings or other acts
14performed in good faith as members of the Board.
15    (n) If the Department disagrees with any advice or
16recommendation provided by the Board under this Section to the
17Secretary or the Department, then notice of such disagreement
18must be provided to the Board by the Department.
19    (o) (Blank).
20(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
 
21    Section 35. The Appraisal Management Company Registration
22Act is amended by changing Sections 65, 75, and 95 as follows:
 
23    (225 ILCS 459/65)
24    Sec. 65. Disciplinary actions.

 

 

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1    (a) The Department may refuse to issue or renew, or may
2revoke, suspend, place on probation, reprimand, or take other
3disciplinary or non-disciplinary action as the Department may
4deem appropriate, including imposing fines not to exceed
5$25,000 for each violation upon any registrant or applicant
6under this Act or entity who holds oneself or itself out as an
7applicant or registrant , with regard to any registration for
8any one or combination of the following:
9        (1) Material misstatement in furnishing information to
10    the Department.
11        (2) Violations of this Act, or of the rules adopted
12    under this Act.
13        (3) Conviction of, or entry of a plea of guilty or nolo
14    contendere to any crime that is a felony under the laws of
15    the United States or any state or territory thereof or
16    that is a misdemeanor of which an essential element is
17    dishonesty, or any crime that is directly related to the
18    practice of the profession.
19        (4) Making any misrepresentation for the purpose of
20    obtaining registration or violating any provision of this
21    Act or the rules adopted under this Act pertaining to
22    advertising.
23        (5) Professional incompetence.
24        (6) Gross malpractice.
25        (7) Aiding or assisting another person in violating
26    any provision of this Act or rules adopted under this Act.

 

 

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1        (8) Failing, within 30 days after requested, to
2    provide information in response to a written request made
3    by the Department.
4        (9) Engaging in dishonorable, unethical, or
5    unprofessional conduct of a character likely to deceive,
6    defraud, or harm the public.
7        (10) Discipline by another state, District of
8    Columbia, territory, or foreign nation, if at least one of
9    the grounds for the discipline is the same or
10    substantially equivalent to those set forth in this
11    Section.
12        (11) A finding by the Department that the registrant,
13    after having the registrant's his or her registration
14    placed on probationary status, has violated the terms of
15    probation.
16        (12) Willfully making or filing false records or
17    reports in the registrant's his or her practice,
18    including, but not limited to, false records filed with
19    State agencies or departments.
20        (13) Filing false statements for collection of fees
21    for which services are not rendered.
22        (14) Practicing under a false or, except as provided
23    by law, an assumed name.
24        (15) Fraud or misrepresentation in applying for, or
25    procuring, a registration under this Act or in connection
26    with applying for renewal of a registration under this

 

 

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1    Act.
2        (16) Being adjudicated liable in a civil proceeding
3    for violation of a state or federal fair housing law.
4        (17) Failure to obtain or maintain the bond required
5    under Section 50 of this Act.
6        (18) Failure to pay appraiser panel fees or appraisal
7    management company national registry fees.
8        (19) Violating the terms of any order issued by the
9    Department.
10    (b) The Department may refuse to issue or may suspend
11without hearing as provided for in the Civil Administrative
12Code of Illinois the registration of any person who fails to
13file a return, or to pay the tax, penalty, or interest shown in
14a filed return, or to pay any final assessment of the tax,
15penalty, or interest as required by any tax Act administered
16by the Illinois Department of Revenue, until such time as the
17requirements of any such tax Act are satisfied.
18    (c) An appraisal management company shall not be
19registered or included on the national registry if the
20company, in whole or in part, directly or indirectly, is owned
21by a person who has had an appraiser license or certificate
22refused, denied, canceled, surrendered in lieu of revocation,
23or revoked under the Real Estate Appraiser Licensing Act of
242002 or the rules adopted under that Act, or similar
25discipline by another state, the District of Columbia, a
26territory, a foreign nation, a governmental agency, or an

 

 

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1entity authorized to impose discipline if at least one of the
2grounds for that discipline is the same as or the equivalent of
3one of the grounds for which a licensee may be disciplined as
4set forth under this Section.
5(Source: P.A. 100-604, eff. 7-13-18; 101-81, eff. 7-12-19.)
 
6    (225 ILCS 459/75)
7    Sec. 75. Investigations; notice and hearing. The
8Department may investigate the actions of any person who is an
9applicant or of any person or persons rendering or offering to
10render any services requiring registration under this Act or
11any person holding or claiming to hold a registration as an
12appraisal management company. The Department shall, before
13revoking, suspending, placing on probation, reprimanding, or
14taking any other disciplinary or non-disciplinary action under
15Section 65 of this Act, at least 30 days before the date set
16for the hearing, (i) notify the person charged accused in
17writing of the charges made and the time and place for the
18hearing on the charges, (ii) direct the person him or her to
19file a written answer to the charges with the Department under
20oath within 20 days after the service on him or her of the
21notice, and (iii) inform the person accused that, if the
22person he or she fails to answer, default will be entered taken
23against him or her or that the person's his or her registration
24may be suspended, revoked, placed on probationary status, or
25other disciplinary action taken with regard to the

 

 

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1registration, including limiting the scope, nature, or extent
2of the person's his or her practice, as the Department may
3consider proper. At the time and place fixed in the notice, the
4Department shall proceed to hear the charges and the parties
5or their counsel shall be accorded ample opportunity to
6present any pertinent statements, testimony, evidence, and
7arguments. The Department may continue the hearing from time
8to time. In case the person, after receiving the notice, fails
9to file an answer, the person's his or her registration may, in
10the discretion of the Department, be suspended, revoked,
11placed on probationary status, or the Department may take
12whatever disciplinary action considered proper, including
13limiting the scope, nature, or extent of the person's practice
14or the imposition of a fine, without a hearing, if the act or
15acts charged constitute sufficient grounds for that action
16under this Act. The written notice may be served by personal
17delivery or by certified mail or electronic mail to the last
18address of record or email address of record as provided to
19specified by the accused in his or her last notification with
20the Department.
21(Source: P.A. 97-602, eff. 8-26-11.)
 
22    (225 ILCS 459/95)
23    Sec. 95. Findings and recommendations. At the conclusion
24of the hearing, the designated hearing officer shall present
25to the Secretary a written report of his or her findings of

 

 

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1fact, conclusions of law, and recommendations. The report
2shall contain a finding whether or not the accused person
3charged violated this Act or its rules or failed to comply with
4the conditions required in this Act or its rules. The hearing
5officer shall specify the nature of any violations or failure
6to comply and shall make his or her recommendations to the
7Secretary. In making recommendations for any disciplinary
8actions, the hearing officer may take into consideration all
9facts and circumstances bearing upon the reasonableness of the
10conduct of the person charged accused and the potential for
11future harm to the public, including, but not limited to,
12previous discipline of the accused by the Department, intent,
13degree of harm to the public and likelihood of harm in the
14future, any restitution made by the accused, and whether the
15incident or incidents contained in the complaint appear to be
16isolated or represent a continuing pattern of conduct. In
17making his or her recommendations for discipline, the hearing
18officer shall endeavor to ensure that the severity of the
19discipline recommended is reasonably related to the severity
20of the violation. The report of findings of fact, conclusions
21of law, and recommendation of the hearing officer shall be the
22basis for the Department's order refusing to issue, restore,
23or renew a registration, or otherwise disciplining a person
24registrant. If the Secretary disagrees with the
25recommendations of the hearing officer, the Secretary may
26issue an order in contravention of the hearing officer

 

 

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1recommendations. The finding is not admissible in evidence
2against the person in a criminal prosecution brought for a
3violation of this Act, but the hearing and finding are not a
4bar to a criminal prosecution brought for a violation of this
5Act.
6(Source: P.A. 97-602, eff. 8-26-11.)