Rep. Angelo Saviano

Filed: 4/4/2006

 

 


 

 


 
09400SB0482ham002 LRB094 10608 RAS 57805 a

1
AMENDMENT TO SENATE BILL 482

2     AMENDMENT NO. ______. Amend Senate Bill 482, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Real Estate Appraiser Licensing Act of 2002
6 is amended by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20,
7 5-25, 5-30, 5-35, 5-40, 5-45, 5-55, 10-5, 10-10, 10-15, 10-20,
8 15-5, 15-10, 15-15, 15-20, 15-30, 15-35, 15-40, 15-45, 15-50,
9 15-55, 15-60, 20-5, 20-10, 25-5, 25-10, 25-15, 25-20, 25-25,
10 and 30-10 and by adding Sections 15-17 and 5-21 as follows:
 
11     (225 ILCS 458/1-10)
12     (Section scheduled to be repealed on January 1, 2012)
13     Sec. 1-10. Definitions. As used in this Act, unless the
14 context otherwise requires:
15     "Accredited college or university, junior college, or
16 community college" means a college or university, junior
17 college, or community college that is approved or accredited by
18 the Board of Higher Education, a regional or national
19 accreditation association, or by an accrediting agency that is
20 recognized by the U.S. Secretary of Education.
21     "Applicant" means person who applies to the Department OBRE
22 for a license under this Act.
23     "Appraisal" means (noun) the act or process of developing
24 an opinion of value; an opinion of value (adjective) of or

 

 

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1 pertaining to appraising and related functions, such as
2 appraisal practices.
3     "Appraisal assignment" means an engagement for which an
4 appraiser is employed or retained to act, or would be perceived
5 by third parties or the public as acting, as a disinterested
6 third party.
7     "Appraisal practice" means valuation services performed by
8 an individual acting as an appraiser, including, but not
9 limited to, appraisal, appraisal review, or appraisal
10 consulting.
11     "Appraisal report" means any communication, written or
12 oral, or any appraisal, appraisal review, or appraisal
13 consulting service that is transmitted to a client upon
14 completion of an assignment a written appraisal by an appraiser
15 to a client.
16     "Appraisal review" means the act or process of developing
17 and communicating an opinion about the quality of another
18 appraiser's work that was performed as part of an appraisal,
19 appraisal review, or appraisal consulting assignment.
20     "Appraisal Subcommittee" means the Appraisal Subcommittee
21 of the Federal Financial Institutions Examination Council as
22 established by Title XI.
23     "Appraiser" means a person who performs or offers to
24 perform valuation services competently and in a manner that is
25 independent, impartial, and objective real estate or real
26 property appraisals.
27     "AQB" means the Appraisal Qualifications Board of the
28 Appraisal Foundation.
29     "Associate real estate trainee appraiser" means an
30 entry-level appraiser who holds a license of this
31 classification under this Act and applies to the appraisal of
32 non-complex property having a transaction value less than
33 $1,000,000, but with restrictions as to the scope of practice
34 in accordance with this Act.

 

 

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1     "Board" means the Real Estate Appraisal Administration and
2 Disciplinary Board.
3     "Classroom hour" means 50 minutes of instruction out of
4 each 60 minute segment of coursework.
5     "Client" means the party or parties who engage an appraiser
6 by employment or contract in a specific assignment a person who
7 utilizes the services of an appraiser or engages an appraiser
8 for an appraisal by employment or contract.
9     "Commissioner" means the Commissioner of the Office of
10 Banks and Real Estate or his or her designee.
11     "Coordinator" means the Coordinator of Real Estate
12 Appraisal of the Division of Professional Regulation of the
13 Department of Financial and Professional Regulation.
14     "Director" means the Director of the Real Estate Appraisal
15 Division of OBRE or his or her designee.
16     "Department" means the Department of Financial and
17 Professional Regulation.
18     "Federal financial institutions regulatory agencies" means
19 the Board of Governors of the Federal Reserve System, the
20 Federal Deposit Insurance Corporation, the Office of the
21 Comptroller of the Currency, the Office of Thrift Supervision,
22 and the National Credit Union Administration.
23     "Federally related transaction" means any real
24 estate-related financial transaction in which a federal
25 financial institutions regulatory agency, the Department of
26 Housing and Urban Development, Fannie Mae, Freddie Mae, or the
27 National Credit Union Administration engages in, contracts
28 for, or regulates and requires the services of an appraiser.
29     "Financial institution" means any bank, savings bank,
30 savings and loan association, credit union, mortgage broker,
31 mortgage banker, licensee under the Consumer Installment Loan
32 Act or the Sales Finance Agency Act, or a corporate fiduciary,
33 subsidiary, affiliate, parent company, or holding company of
34 any such licensee, or any institution involved in real estate

 

 

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1 financing that is regulated by state or federal law.
2     "Modular Course" means the Appraisal Qualifying Course
3 Design conforming to the Sub Topics Course Outline contained in
4 the AQB Criteria 2008.
5     "OBRE" means the Office of Banks and Real Estate.
6     "Real estate" means an identified parcel or tract of land,
7 including any improvements.
8     "Real estate related financial transaction" means any
9 transaction involving:
10         (1) the sale, lease, purchase, investment in, or
11     exchange of real property, including interests in property
12     or the financing thereof;
13         (2) the refinancing of real property or interests in
14     real property; and
15         (3) the use of real property or interest in property as
16     security for a loan or investment, including mortgage
17     backed securities.
18     "Real property" means the interests, benefits, and rights
19 inherent in the ownership of real estate.
20     "Secretary" means the Secretary of Financial and
21 Professional Regulation.
22     "State certified general real estate appraiser" means an
23 appraiser who holds a license of this classification under this
24 Act and such classification applies to the appraisal of all
25 types of real property without restrictions as to the scope of
26 practice.
27     "State certified residential real estate appraiser" means
28 an appraiser who holds a license of this classification under
29 this Act and such classification applies to the appraisal of
30 one to 4 units of residential real property without regard to
31 transaction value or complexity, but with restrictions as to
32 the scope of practice, as set forth in this Act, and any other
33 requirements set forth in this Act or in a federally related
34 transaction in accordance with Title XI, the provisions of

 

 

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1 USPAP, criteria established by the AQB, and further defined by
2 rule.
3     "Supervising appraiser" means either (i) an appraiser who
4 holds a valid license under this Act as either a State
5 certified general real estate appraiser or a State certified
6 residential real estate appraiser, who co-signs an appraisal
7 report for an associate real estate trainee appraiser or (ii) a
8 State certified general real estate appraiser who holds a valid
9 license under this Act who cosigns an appraisal report for a
10 State certified residential real estate appraiser on
11 properties other than one to 4 units of residential real
12 property without regard to transaction value or complexity.
13     "State licensed real estate appraiser" means an appraiser
14 who holds a real estate appraiser license issued pursuant to a
15 predecessor Act. A real estate appraiser license authorizes its
16 holder to conduct the appraisal of non-complex one to 4 units
17 of residential real property having a transaction value less
18 than $1,000,000 and complex one to 4 residential units of real
19 property having a value less than $250,000, but with
20 restrictions as to the scope of practice in accordance with
21 Title XI, criteria established by USPAP, by the AQB, by this
22 Act, and by rule. No such initial license shall be issued after
23 the effective date of this Act or renewed after September 30,
24 2003 under this Act.
25     "Title XI" means Title XI of the federal Financial
26 Institutions Reform, Recovery and Enforcement Act of 1989.
27     "USPAP" means the Uniform Standards of Professional
28 Appraisal Practice as promulgated by the Appraisal Standards
29 Board pursuant to Title XI and by rule.
30 (Source: P.A. 92-180, eff. 7-1-02.)
 
31     (225 ILCS 458/5-5)
32     (Section scheduled to be repealed on January 1, 2012)
33     Sec. 5-5. Necessity of license; use of title; exemptions.

 

 

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1     (a) Beginning July 1, 2002, it is unlawful for a person to
2 (i) act, offer services, or advertise services or assume to act
3 as a State certified residential real estate appraiser, State
4 certified general appraiser, or associate real estate trainee
5 appraiser to engage in the business of real estate appraisal,
6 (ii) to develop a real estate appraisal, (iii) to practice as a
7 real estate appraiser, (iv) or to advertise or hold himself or
8 herself out to be a real estate appraiser, or (v) solicit
9 clients or enter into an appraisal engagement with clients in
10 connection with a federally related transaction without a real
11 estate appraiser license issued under this Act. A person who
12 violates this subsection is guilty of a Class A misdemeanor for
13 a first offense and a Class 4 felony for any subsequent
14 offense.
15     (b) Beginning July 1, 2002, it is unlawful for a person,
16 other than a person who holds a valid license issued pursuant
17 to this Act as a State certified general real estate appraiser,
18 a State certified residential real estate appraiser, an
19 associate real estate trainee appraiser, or as a State licensed
20 real estate appraiser issued pursuant to a predecessor Act to
21 use these titles or any other title, designation, or
22 abbreviation likely to create the impression that the person is
23 licensed as a real estate appraiser pursuant to this Act. A
24 person who violates this subsection is guilty of a Class A
25 misdemeanor for a first offense and a Class 4 felony for any
26 subsequent offense.
27     (c) This The licensing requirements of this Act does do not
28 apply to require a real estate broker or salesperson who holds
29 a valid license pursuant to the Real Estate License Act of
30 2000, to be licensed as a real estate appraiser under this Act,
31 unless the broker or salesperson is providing a written opinion
32 of value on real property for the purpose of allowing a person
33 or entity to secure a mortgage on that real property or a
34 written opinion of value in which the opinion provided is

 

 

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1 described or represented in the content of the written opinion
2 of value as an appraisal or attempting to provide an appraisal
3 report, as defined in Section 1-10 of this Act, in connection
4 with a federally-related transaction.
5     (d) This Act does not apply to a township assessor,
6 multi-township assessor, county supervisor of assessments, or
7 any deputy or employee of any township assessor, multi-township
8 assessor, or county supervisor of assessments who is performing
9 his or her respective duties in accordance with the provisions
10 of the Property Tax Code.
11     (e) Any person who is not exempt under this Act and who
12 conducts a real estate appraisal must be licensed under this
13 Act. A person who violates this subsection (e) is guilty of a
14 Class A misdemeanor for a first offense and a Class 4 felony
15 for any subsequent offense.
16     (f) For the purposes of this Section, "services"
17 subsection, "brokerage service" means the activities activity
18 of offering, negotiating, buying, listing, selling, or leasing
19 real estate or procuring or referring prospects intended to
20 result in the listing, sale, purchase, lease, or exchange of
21 real estate for another and for compensation.
22 (Source: P.A. 92-180, eff. 7-1-02.)
 
23     (225 ILCS 458/5-10)
24     (Section scheduled to be repealed on January 1, 2012)
25     Sec. 5-10. Application for State certified general real
26 estate appraiser.
27     (a) Every person who desires to obtain a State certified
28 general real estate appraiser license shall:
29     (1) apply to the Department OBRE on forms provided by the
30 Department OBRE accompanied by the required fee;
31     (2) be at least 18 years of age;
32     (3) (blank); provide evidence of having attained a high
33 school diploma or completed an equivalent course of study as

 

 

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1 determined by an examination conducted or accepted by the
2 Illinois State Board of Education;
3     (4) personally take and pass an examination authorized by
4 the Department OBRE and endorsed by the AQB;
5     (5) prior to taking the examination, provide evidence to
6 the Department, in Modular Course format, with each module
7 conforming to the Real Property Appraiser Qualification
8 Criteria established and adopted by the AQB on February 20,
9 2004, OBRE that he or she has successfully completed the
10 prerequisite classroom hours of instruction in appraising as
11 established by the AQB and by rule; and
12     (6) prior to taking the examination, provide evidence to
13 the Department OBRE that he or she has successfully completed
14 the prerequisite experience requirements in appraising as
15 established by AQB and by rule.
16     (b) Before December 31, 2007, applicants must provide
17 evidence to the Department of having attained a high school
18 diploma or completed an equivalent course of study as
19 determined by an examination conducted or accepted by the State
20 Board of Education.
21     (c) On or after December 31, 2007, applicants must provide
22 evidence to the Department of (i) holding a Bachelors degree or
23 higher from an accredited college or university or (ii)
24 successfully passing 30 semester credit hours or the equivalent
25 from an accredited college or university, junior college, or
26 community college in the following subjects:
27         (1) English composition;
28         (2) micro economics;
29         (3) macro economics;
30         (4) finance;
31         (5) algebra, geometry, or higher mathematics;
32         (6) statistics;
33         (7) introduction to computers-word
34     processing/spreadsheets;

 

 

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1         (8) business or real estate law; and
2         (9) two elective courses in accounting, geography,
3     agricultural economics, business management, or real
4     estate and any other requirements established by the
5     Department by rule.
6     If an accredited college or university accepts the
7 College-Level Examination Program (CLEP) examinations and
8 issues a transcript for the exam showing its approval, it will
9 be considered credit for the college course for the purposes of
10 meeting the requirements of this subsection (c).
11 (Source: P.A. 92-180, eff. 7-1-02.)
 
12     (225 ILCS 458/5-15)
13     (Section scheduled to be repealed on January 1, 2012)
14     Sec. 5-15. Application for State certified residential
15 real estate appraiser. Every person who desires to obtain a
16 State certified residential real estate appraiser license
17 shall:
18     (1) apply to the Department OBRE on forms provided by the
19 Department OBRE accompanied by the required fee;
20     (2) be at least 18 years of age;
21     (3) (blank); provide evidence of having attained a high
22 school diploma or completed an equivalent course of study as
23 determined by an examination conducted or accepted by the
24 Illinois State Board of Education;
25     (4) personally take and pass an examination authorized by
26 the Department OBRE and endorsed by the AQB;
27     (5) prior to taking the examination, provide evidence to
28 the Department, in Modular Course format, with each module
29 conforming to the Real Property Appraiser Qualification
30 Criteria established and adopted by the AQB on February 20,
31 2004, OBRE that he or she has successfully completed the
32 prerequisite classroom hours of instruction in appraising as
33 established by the AQB and by rule; and

 

 

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1     (6) prior to taking the examination, provide evidence to
2 the Department OBRE that he or she has successfully completed
3 the prerequisite experience requirements as established by AQB
4 and by rule.
5     (b) Before December 31, 2007, applicants must provide
6 evidence of having attained a high school diploma or completed
7 an equivalent course of study as determined by an examination
8 conducted or accepted by the State Board of Education;
9     (c) On or after December 31, 2007, applicants must provide
10 evidence to the Department of (i) holding a Bachelors degree or
11 higher from an accredited college or university or (ii)
12 successfully passing 30 semester credit hours or the equivalent
13 from an accredited college or university, junior college, or
14 community college in the following subjects:
15         (1) English composition;
16         (2) principals of economics (micro or macro);
17         (3) finance;
18         (4) algebra, geometry, or higher mathematics;
19         (5) statistics;
20         (6) introduction to computers-word processing and
21     spreadsheets;
22         (7) business or real estate law; and
23         (8) any other requirements established by the
24     Department by rule.
25     If an accredited college or university accepts the
26 College-Level Examination Program (CLEP) examinations and
27 issues a transcript for the exam showing its approval, it will
28 be considered credit for the college course for the purposes of
29 the requirements of this subsection (c).
30 (Source: P.A. 92-180, eff. 7-1-02.)
 
31     (225 ILCS 458/5-20)
32     (Section scheduled to be repealed on January 1, 2012)
33     Sec. 5-20. Application for associate real estate trainee

 

 

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1 appraiser. (a) Every person who desires to obtain an associate
2 real estate trainee appraiser license shall:
3         (1) apply to the Department OBRE on forms provided by
4     the Department OBRE accompanied by the required fee;
5         (2) be at least 18 years of age;
6         (3) provide evidence of having attained a high school
7     diploma or completed an equivalent course of study as
8     determined by an examination conducted or accepted by the
9     Illinois State Board of Education;
10         (4) personally take and pass an examination authorized
11     by the Department OBRE and endorsed by the AQB; and
12         (5) prior to taking the examination, provide evidence
13     to the Department OBRE that he or she has successfully
14     completed the prerequisite classroom hours of instruction
15     in appraising as established by rule.
16     (b) A person who holds a valid license as a licensed real
17 estate appraiser, issued pursuant to a predecessor Act, may
18 convert that license to an associate real estate appraiser
19 license by making application to OBRE on forms provided by OBRE
20 accompanied by the required fee.
21 (Source: P.A. 92-180, eff. 7-1-02.)
 
22     (225 ILCS 458/5-21 new)
23     (Section scheduled to be repealed on January 1, 2012)
24     Sec. 5-21. Change of address notification. Any individual
25 licensed under this Act must inform the Department of any
26 change of address in a manner and within the amount of time
27 determined by the Department.
 
28     (225 ILCS 458/5-25)
29     (Section scheduled to be repealed on January 1, 2012)
30     Sec. 5-25. Renewal of license.
31     (a) The expiration date and renewal period for a State
32 certified general real estate appraiser license or a State

 

 

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1 certified residential real estate appraiser license issued
2 under this Act shall be set by rule. Except as otherwise
3 provided in subsections (b) and (f) of this Section, the holder
4 of a license may renew the license within 90 days preceding the
5 expiration date by:
6         (1) completing and submitting to the Department OBRE a
7     renewal application form as provided by the Department
8     OBRE;
9         (2) paying the required fees; and
10         (3) providing evidence of successful completion of the
11     continuing education requirements through courses approved
12     by the Department OBRE from education providers licensed by
13     the Department OBRE, as established by the AQB and by rule.
14     (b) A State certified general real estate appraiser or
15 State certified residential real estate appraiser whose
16 license under this Act has expired may renew the license for a
17 period of 2 years following the expiration date by complying
18 with the requirements of paragraphs (1), (2), and (3) of
19 subsection (a) of this Section and paying any late penalties
20 established by rule.
21     (c) (Blank). A State licensed real estate appraiser's
22 license issued pursuant to a predecessor Act shall continue in
23 effect until the earlier of its expiration date or September
24 30, 2003. The holder of such a license may not renew the
25 license for any period after September 30, 2003, but may
26 convert the license to an associate real estate appraiser
27 license under this Act until September 30, 2003 pursuant to
28 subsection (b) of Section 5-20 of this Act.
29     (d) The expiration date and renewal period for an associate
30 real estate trainee appraiser license issued under this Act
31 shall be set by rule. Except as otherwise provided in
32 subsections (e) and (f) of this Section, the holder of an
33 associate real estate appraiser license may renew the license
34 within 90 days preceding the expiration date by:

 

 

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1         (1) completing and submitting to the Department OBRE a
2     renewal application form as provided by the Department
3     OBRE;
4         (2) paying the required fees; and
5         (3) providing evidence of successful completion of the
6     continuing education requirements through courses approved
7     by the Department OBRE from education providers approved by
8     the Department OBRE, as established by rule.
9     (e) Any associate real estate appraiser trainee whose
10 license under this Act has expired may renew the license for a
11 period of 2 years following the expiration date by complying
12 with the requirements of paragraphs (1), (2), and (3) of
13 subsection (d) of this Section and paying any late penalties as
14 established by rule. An associate real estate trainee appraiser
15 license may not be renewed more than 2 times.
16     (f) Notwithstanding subsections (c) and (e), an appraiser
17 whose license under this Act has expired may renew or convert
18 the license without paying any lapsed renewal fees or late
19 penalties if the license expired while the appraiser was:
20         (1) on active duty with the United States Armed
21     Services;
22         (2) serving as the Coordinator Director of Real Estate
23     Appraisal or an employee of the Department OBRE who was
24     required to surrender his or her license during the term of
25     employment.
26     Application for renewal must be made within 2 years
27 following the termination of the military service or related
28 education, training, or employment. The licensee shall furnish
29 the Department OBRE with an affidavit that he or she was so
30 engaged.
31     (g) The Department OBRE shall provide reasonable care and
32 due diligence to ensure that each licensee under this Act is
33 provided with a renewal application at least 90 days prior to
34 the expiration date, but each licensee is responsible to timely

 

 

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1 renew or convert his or her license prior to its expiration
2 date.
3 (Source: P.A. 92-180, eff. 7-1-02.)
 
4     (225 ILCS 458/5-30)
5     (Section scheduled to be repealed on January 1, 2012)
6     Sec. 5-30. Reciprocity; consent to jurisdiction. (a) A
7 nonresident who holds a valid appraiser license issued to him
8 or her by the proper licensing authority of a state, territory,
9 possession of the United States, or the District of Columbia
10 that has licensing requirements equal to or substantially
11 equivalent to the requirements of the State of Illinois and
12 otherwise meets the requirements for licensure may obtain a
13 license without examination, provided that:
14         (1) the Department OBRE has entered into a valid
15     reciprocal agreement with the proper licensing authority
16     of the state, territory, or possession of the United
17     States, or the District of Columbia;
18         (2) the applicant provides the Department OBRE with a
19     certificate of good standing from the licensing authority
20     of the applicant's place of residence or by an Appraisal
21     Subcommittee National Registry registry history report;
22         (3) the applicant completes and submits an application
23     as provided by the Department OBRE and the applicant pays
24     all applicable fees as established by rule required under
25     this Act.
26     (b) A nonresident applicant shall file an irrevocable
27 consent with OBRE authorizing that actions may be commenced
28 against the applicant or nonresident licensee in a court of
29 competent jurisdiction in the State of Illinois by the service
30 of summons, process, or other pleading authorized by law upon
31 the Commissioner. The consent shall stipulate and agree that
32 service of the summons, process, or pleading upon the
33 Commissioner shall be taken and held in all courts to be valid

 

 

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1 and binding as if actual service had been made upon the
2 nonresident licensee in Illinois. If a summons, process, or
3 other pleading is served upon the Commissioner, it shall be by
4 duplicate copies, one of which shall be retained by OBRE and
5 the other of which shall be immediately forwarded by certified
6 or registered mail to the last known address of the nonresident
7 licensee against whom the summons, process, or other pleading
8 may be directed.
9 (Source: P.A. 92-180, eff. 7-1-02.)
 
10     (225 ILCS 458/5-35)
11     (Section scheduled to be repealed on January 1, 2012)
12     Sec. 5-35. Pre-license education requirements.
13     (a) The prerequisite classroom hours necessary for a person
14 to be approved to sit for the examination for licensure as a
15 State certified general real estate appraiser or a State
16 certified residential real estate appraiser shall be in
17 accordance with AQB criteria and established by rule.
18     (b) The prerequisite classroom hours necessary for a person
19 to sit for the examination for licensure as an associate real
20 estate trainee appraiser shall be established by rule.
21 (Source: P.A. 92-180, eff. 7-1-02.)
 
22     (225 ILCS 458/5-40)
23     (Section scheduled to be repealed on January 1, 2012)
24     Sec. 5-40. Pre-license experience requirements. The
25 prerequisite experience necessary for a person to be approved
26 to sit for the examination for licensure as a State certified
27 general real estate appraiser or a State certified residential
28 real estate appraiser shall be in accordance with AQB criteria
29 and established by rule.
30 (Source: P.A. 92-180, eff. 7-1-02.)
 
31     (225 ILCS 458/5-45)

 

 

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1     (Section scheduled to be repealed on January 1, 2012)
2     Sec. 5-45. Continuing education renewal requirements.
3     (a) The continuing education requirements for a person to
4 renew a license as a State certified general real estate
5 appraiser or a State certified residential real estate
6 appraiser shall be in accordance with AQB criteria and
7 established by rule.
8     (b) The continuing education requirements for a person to
9 renew a license as an associate real estate trainee appraiser
10 shall be established by rule.
11 (Source: P.A. 92-180, eff. 7-1-02.)
 
12     (225 ILCS 458/5-55)
13     (Section scheduled to be repealed on January 1, 2012)
14     Sec. 5-55. Fees. The Department OBRE shall establish rules
15 for fees to be paid by applicants and licensees to cover the
16 reasonable costs of the Department OBRE in administering and
17 enforcing the provisions of this Act. The Department OBRE may
18 also establish rules for general fees to cover the reasonable
19 expenses of carrying out other functions and responsibilities
20 under this Act.
21 (Source: P.A. 92-180, eff. 7-1-02.)
 
22     (225 ILCS 458/10-5)
23     (Section scheduled to be repealed on January 1, 2012)
24     Sec. 10-5. Scope of practice.
25     (a) This Act does not limit a State certified general real
26 estate appraiser in his or her scope of practice in a federally
27 related transaction. A certified general real estate appraiser
28 may independently provide appraisal services, review, or
29 consulting relating to any type of property for which he or she
30 has experience or and is competent. All such appraisal practice
31 must be made in accordance with the provisions of USPAP,
32 criteria established by the AQB, and rules adopted pursuant to

 

 

09400SB0482ham002 - 17 - LRB094 10608 RAS 57805 a

1 this Act.
2     (b) A State certified residential real estate appraiser is
3 limited in his or her scope of practice in all transactions in
4 accordance with in a federally related transaction as provided
5 by Title XI, the provisions of USPAP, criteria established by
6 the AQB, and the rules adopted pursuant to this Act.
7     (c) A State certified residential real estate appraiser
8 must have a State certified general real estate appraiser who
9 holds a valid license under this Act co-sign all appraisal
10 reports on properties other than one to 4 units of residential
11 real property without regard to transaction value or
12 complexity. A State licensed real estate appraiser is limited
13 in his or her scope of practice in a federally related
14 transaction as provided by Title XI, the provisions of USPAP,
15 criteria established by the AQB, and the rules adopted pursuant
16 to this Act. No State licensed real estate appraiser license
17 shall be issued on or after September 30, 2003 under this Act.
18     (d) An associate real estate trainee appraiser is limited
19 in his or her scope of practice in all transactions in
20 accordance with the provisions of USPAP, this Act, and the
21 rules adopted pursuant to this Act. In addition, an associate
22 real estate trainee appraiser shall be required to have a State
23 certified general real estate appraiser or State certified
24 residential real estate appraiser who holds a valid license
25 under this Act to co-sign all appraisal reports. The associate
26 real estate trainee appraiser licensee may have more than one
27 supervising appraiser; however, supervising appraisers may not
28 supervise more than 3 associate real estate trainee appraisers
29 at one time. A chronological appraisal log on an approved log
30 form shall be maintained by the associate real estate trainee
31 appraiser and shall be made available to the Department upon
32 request.
33 (Source: P.A. 92-180, eff. 7-1-02.)
 

 

 

09400SB0482ham002 - 18 - LRB094 10608 RAS 57805 a

1     (225 ILCS 458/10-10)
2     (Section scheduled to be repealed on January 1, 2012)
3     Sec. 10-10. Standards of practice. All persons licensed
4 under this Act must comply with standards of professional
5 appraisal practice adopted by the Department OBRE. The
6 Department OBRE must adopt, as part of its rules, the Uniform
7 Standards of Professional Appraisal Practice (USPAP) as
8 published from time to time by the Appraisal Standards Board of
9 the Appraisal Foundation. The Department OBRE shall consider
10 federal laws and regulations regarding the licensure of real
11 estate appraisers prior to adopting its rules for the
12 administration of this Act.
13 (Source: P.A. 92-180, eff. 7-1-02.)
 
14     (225 ILCS 458/10-15)
15     (Section scheduled to be repealed on January 1, 2012)
16     Sec. 10-15. Identifying client. In addition to any other
17 requirements for disclosure of a client on an appraisal report,
18 a licensee under this Act shall also identify on the appraisal
19 report the individual by name who ordered or originated the
20 appraisal assignment. If an individual's name is not provided
21 due to an automated ordering system, an email address for the
22 delivery of the appraisal report must be identified on the
23 appraisal report.
24 (Source: P.A. 92-180, eff. 7-1-02.)
 
25     (225 ILCS 458/10-20)
26     (Section scheduled to be repealed on January 1, 2012)
27     Sec. 10-20. Retention of records. A person licensed under
28 this Act shall retain the original copy of all written
29 contracts engaging his or her services as an appraiser and all
30 appraisal reports, including any supporting data used to
31 develop the appraisal report, for a period of 5 years or 2
32 years after the final disposition of any judicial proceeding in

 

 

09400SB0482ham002 - 19 - LRB094 10608 RAS 57805 a

1 which testimony was given, whichever is longer. In addition, a
2 person licensed under this Act shall retain contracts, logs,
3 and appraisal reports used in meeting pre-license experience
4 requirements for a period of 5 years and shall be made
5 available to the Department upon request.
6 (Source: P.A. 92-180, eff. 7-1-02.)
 
7     (225 ILCS 458/15-5)
8     (Section scheduled to be repealed on January 1, 2012)
9     Sec. 15-5. Unlicensed practice; civil penalty; injunctive
10 relief.
11     (a) A person who violates Section 5-5 of this Act shall, in
12 addition to any other penalty provided by law, pay a civil
13 penalty to the Department OBRE in an amount not to exceed
14 $25,000 $10,000 for each violation as determined by the
15 Secretary Commissioner. The civil penalty shall be assessed by
16 the Secretary Commissioner after a hearing in accordance with
17 the provisions of this Act regarding the provision of a hearing
18 for the discipline of a license.
19     (b) The Department OBRE has the authority to investigate
20 any activity that may violate this Act.
21     (c) A civil penalty imposed pursuant to subsection (a)
22 shall be paid within 60 days after the effective date of the
23 order imposing the civil penalty. The order shall constitute a
24 judgment and may be filed and executed in the same manner as
25 any judgment from any court of record OBRE may petition the
26 circuit court for a judgment to enforce the collection of the
27 penalty. Any civil penalty collected under this Act shall be
28 made payable to the Department of Financial and Professional
29 Regulation Office of Banks and Real Estate and deposited into
30 the Appraisal Administration Fund. In addition to or in lieu of
31 the imposition of a civil penalty, the Department OBRE may
32 report a violation of this Act or the failure or refusal to
33 comply with an order of the Department OBRE to the Attorney

 

 

09400SB0482ham002 - 20 - LRB094 10608 RAS 57805 a

1 General or to the appropriate State's Attorney.
2     (d) Practicing as an appraiser without holding a valid
3 license as required under this Act is declared to be adverse to
4 the public welfare, to constitute a public nuisance, and to
5 cause irreparable harm to the public welfare. The Secretary
6 Commissioner, the Attorney General, or the State's Attorney of
7 any county in the State may maintain an action for injunctive
8 relief in any circuit court to enjoin any person from engaging
9 in such practice.
10     Upon the filing of a verified petition in a circuit court,
11 the court, if satisfied by affidavit or otherwise that a person
12 has been engaged in the practice of real estate appraisal
13 without a valid license, may enter a temporary restraining
14 order without notice or bond enjoining the defendant from
15 further practice. The showing of non-licensure, by affidavit or
16 otherwise, is sufficient for the issuance of a temporary
17 injunction. If it is established that the defendant has been or
18 is engaged in unlawful practice, the court may enter an order
19 or judgment perpetually enjoining the defendant from further
20 unlawful practice. In all proceedings under this Section, the
21 court, in its discretion, may apportion the costs among the
22 parties interested in the action, including the cost of filing
23 the complaint, service of process, witness fees and expenses,
24 court reporter charges, and reasonable attorneys' fees. These
25 injunction proceedings shall be in addition to, and not in lieu
26 of, all penalties and other remedies provided in this Act.
27 (Source: P.A. 92-180, eff. 7-1-02.)
 
28     (225 ILCS 458/15-10)
29     (Section scheduled to be repealed on January 1, 2012)
30     Sec. 15-10. Grounds for disciplinary action.
31     (a) The Department Office of Banks and Real Estate may
32 suspend, revoke, refuse to issue or renew a license and may
33 reprimand place on probation or administrative supervision, or

 

 

09400SB0482ham002 - 21 - LRB094 10608 RAS 57805 a

1 otherwise discipline a licensee, including imposing conditions
2 limiting the scope, nature, or extent of the real estate
3 appraisal practice of a licensee or reducing the appraisal rank
4 of a licensee, and may impose an administrative fine a civil
5 penalty not to exceed $10,000 upon a licensee for one or any
6 combination of the following:
7         (1) Procuring or attempting to procure a license by
8     knowingly making a false statement, submitting false
9     information, engaging in any form of fraud or
10     misrepresentation, or refusing to provide complete
11     information in response to a question in an application for
12     licensure.
13         (2) Failing to meet the minimum qualifications for
14     licensure as an appraiser established by this Act.
15         (3) Paying money, other than for the fees provided for
16     by this Act, or anything of value to a member or employee
17     of the Board or the Department Office of Banks and Real
18     Estate to procure licensure under this Act.
19         (4) Being convicted of any crime, an essential element
20     of which is dishonesty, fraud, theft, or embezzlement, or
21     obtaining money, property, or credit by false pretenses, or
22     any other crime that is reasonably related to the practice
23     of real estate appraisal or a conviction in any state or
24     federal court of any felony.
25         (5) Committing an act or omission involving
26     dishonesty, fraud, or misrepresentation with the intent to
27     substantially benefit the licensee or another person or
28     with intent to substantially injure another person as
29     defined by rule.
30         (6) Violating a provision or standard for the
31     development or communication of real estate appraisals as
32     provided in Section 10-10 of this Act or as defined by
33     rule.
34         (7) Failing or refusing without good cause to exercise

 

 

09400SB0482ham002 - 22 - LRB094 10608 RAS 57805 a

1     reasonable diligence in developing, reporting, or
2     communicating an appraisal, as defined by this Act or by
3     rule.
4         (8) Violating a provision of this Act or the rules
5     adopted pursuant to this Act.
6         (9) Having been disciplined by another state, the
7     District of Columbia, a territory, a foreign nation, a
8     governmental agency, or any other entity authorized to
9     impose discipline if at least one of the grounds for that
10     discipline is the same as or the equivalent of one of the
11     grounds for which a licensee may be disciplined under this
12     Act.
13         (10) Engaging in dishonorable, unethical, or
14     unprofessional conduct of a character likely to deceive,
15     defraud, or harm the public.
16         (11) Accepting an appraisal assignment when the
17     employment itself is contingent upon the appraiser
18     reporting a predetermined estimate, analysis, or opinion
19     or when the fee to be paid is contingent upon the opinion,
20     conclusion, or valuation reached or upon the consequences
21     resulting from the appraisal assignment.
22         (12) Developing valuation conclusions based on the
23     race, color, religion, sex, national origin, ancestry,
24     age, marital status, family status, physical or mental
25     handicap, or unfavorable military discharge, as defined
26     under the Illinois Human Rights Act, of the prospective or
27     present owners or occupants of the area or property under
28     appraisal.
29         (13) Violating the confidential nature of government
30     records to which the licensee gained access through
31     employment or engagement as an appraiser by a government
32     agency.
33         (14) Being adjudicated liable in a civil proceeding on
34     grounds of fraud, misrepresentation, or deceit. In a

 

 

09400SB0482ham002 - 23 - LRB094 10608 RAS 57805 a

1     disciplinary proceeding based upon a finding of civil
2     liability, the appraiser shall be afforded an opportunity
3     to present mitigating and extenuating circumstances, but
4     may not collaterally attack the civil adjudication.
5         (15) Being adjudicated liable in a civil proceeding for
6     violation of a state or federal fair housing law.
7         (16) Engaging in misleading or untruthful advertising
8     or using a trade name or insignia of membership in a real
9     estate appraisal or real estate organization of which the
10     licensee is not a member.
11         (17) Failing to fully cooperate with an the Department
12     OBRE investigation by knowingly making a false statement,
13     submitting false or misleading information, or refusing to
14     provide complete information in response to written
15     interrogatories or a written request for documentation
16     within 30 days of the request.
17         (18) Failing to include within the certificate of
18     appraisal for all written appraisal reports the
19     appraiser's license number and licensure title. All
20     appraisers providing significant contribution to the
21     development and reporting of an appraisal must be disclosed
22     in the appraisal report. It is a violation of this Act for
23     an appraiser to sign a report, transmittal letter, or
24     appraisal certification knowing that a person providing a
25     significant contribution to the report has not been
26     disclosed in the appraisal report.
27         (19) Violating the terms of a disciplinary order or
28     consent to administrative supervision order.
29         (20) Habitual or excessive use or addiction to alcohol,
30     narcotics, stimulants, or any other chemical agent or drug
31     that results in a licensee's inability to practice with
32     reasonable judgment, skill, or safety.
33         (21) A physical or mental illness or disability which
34     results in the inability to practice under this Act with

 

 

09400SB0482ham002 - 24 - LRB094 10608 RAS 57805 a

1     reasonable judgment, skill, or safety.
2     (b) The Department Office of Banks and Real Estate may
3 reprimand suspend, revoke, or refuse to issue or renew an
4 education provider's license, may reprimand, place on
5 probation, or otherwise discipline an education provider and
6 may suspend or revoke the course approval of any course offered
7 by an education provider and may impose an administrative fine
8 a civil penalty not to exceed $10,000 upon an education
9 provider, for any of the following:
10         (1) Procuring or attempting to procure licensure by
11     knowingly making a false statement, submitting false
12     information, engaging in any form of fraud or
13     misrepresentation, or refusing to provide complete
14     information in response to a question in an application for
15     licensure.
16         (2) Failing to comply with the covenants certified to
17     on the application for licensure as an education provider.
18         (3) Committing an act or omission involving
19     dishonesty, fraud, or misrepresentation or allowing any
20     such act or omission by any employee or contractor under
21     the control of the provider.
22         (4) Engaging in misleading or untruthful advertising.
23         (5) Failing to retain competent instructors in
24     accordance with rules adopted under this Act.
25         (6) Failing to meet the topic or time requirements for
26     course approval as the provider of a pre-license curriculum
27     course or a continuing education course.
28         (7) Failing to administer an approved course using the
29     course materials, syllabus, and examinations submitted as
30     the basis of the course approval.
31         (8) Failing to provide an appropriate classroom
32     environment for presentation of courses, with
33     consideration for student comfort, acoustics, lighting,
34     seating, workspace, and visual aid material.

 

 

09400SB0482ham002 - 25 - LRB094 10608 RAS 57805 a

1         (9) Failing to maintain student records in compliance
2     with the rules adopted under this Act.
3         (10) Failing to provide a certificate, transcript, or
4     other student record to the Department OBRE or to a student
5     as may be required by rule.
6         (11) Failing to fully cooperate with an OBRE
7     investigation by the Department by knowingly making a false
8     statement, submitting false or misleading information, or
9     refusing to provide complete information in response to
10     written interrogatories or a written request for
11     documentation within 30 days of the request.
12     (c) In appropriate cases, the Department OBRE may resolve a
13 complaint against a licensee through the issuance of a Consent
14 to Administrative Supervision order. A licensee subject to a
15 Consent to Administrative Supervision order shall be
16 considered by the Department OBRE as an active licensee in good
17 standing. This order shall not be reported or considered by the
18 Department OBRE to be a discipline of the licensee. The records
19 regarding an investigation and a Consent to Administrative
20 Supervision order shall be considered confidential and shall
21 not be released by the Department OBRE except as mandated by
22 law. A complainant shall be notified if his or her complaint
23 has been resolved by a Consent to Administrative Supervision
24 order.
25     (d) A licensee may be represented by legal counsel at an
26 informal conference. If the informal conference results in a
27 consent order between the accused licensee and the Department,
28 the consent order must be approved by the Director. However, if
29 the consent order would result in a fine exceeding $5,000 or
30 the suspension in excess of one year or revocation of the
31 license, the consent order must be approved by the Board and
32 the Director.
33 (Source: P.A. 92-180, eff. 7-1-02.)
 

 

 

09400SB0482ham002 - 26 - LRB094 10608 RAS 57805 a

1     (225 ILCS 458/15-15)
2     (Section scheduled to be repealed on January 1, 2012)
3     Sec. 15-15. Investigation; notice; hearing.
4     (a) Upon the motion of the Department Office of Banks and
5 Real Estate or the Board or upon a complaint in writing of a
6 person setting forth facts that, if proven, would constitute
7 grounds for suspension, revocation, or other disciplinary
8 action against a licensee or applicant for licensure, the
9 Department Office of Banks and Real Estate shall investigate
10 the actions of the licensee or applicant.
11     (b) Formal disciplinary proceedings shall commence upon
12 the issuance of a written complaint describing the charges that
13 are the basis of the disciplinary action and delivery of the
14 detailed complaint to the address of record of the licensee or
15 applicant. The Department OBRE shall notify the licensee or
16 applicant to file a verified written answer within 20 days
17 after the service of the notice and complaint. The notification
18 shall inform the licensee or applicant of his or her right to
19 be heard in person or by legal counsel; that the hearing will
20 be afforded not sooner than 30 days after service receipt of
21 the complaint answer to the specific charges; that failure to
22 file an answer will result in a default being entered against
23 the licensee or applicant; that the license may be suspended,
24 revoked, or placed on probationary status; and that other
25 disciplinary action may be taken pursuant to this Act,
26 including limiting the scope, nature, or extent of the
27 licensee's practice. If the licensee or applicant fails to file
28 an answer after service of notice, his or her license may, at
29 the discretion of the Department Office of Banks and Real
30 Estate, be suspended, revoked, or placed on probationary status
31 and the Department Office of Banks and Real Estate may take
32 whatever disciplinary action it deems proper, including
33 limiting the scope, nature, or extent of the person's practice,
34 without a hearing.

 

 

09400SB0482ham002 - 27 - LRB094 10608 RAS 57805 a

1     (c) At the time and place fixed in the notice, the Board
2 shall conduct hearing of the charges, providing both the
3 accused person and the complainant ample opportunity to present
4 in person or by counsel such statements, testimony, evidence,
5 and argument as may be pertinent to the charges or to a defense
6 thereto.
7     (d) The Board shall present to the Secretary Commissioner a
8 written report of its findings and recommendations. A copy of
9 the report shall be served upon the licensee or applicant,
10 either personally or by certified mail. Within 20 days after
11 the service, the licensee or applicant may present the
12 Secretary Commissioner with a motion in writing for either a
13 rehearing, a proposed finding of fact, a conclusion of law, or
14 an alternative sanction, and shall specify the particular
15 grounds for the request. If the accused orders a transcript of
16 the record as provided in this Act, the time elapsing
17 thereafter and before the transcript is ready for delivery to
18 the accused shall not be counted as part of the 20 days. If the
19 Secretary Commissioner is not satisfied that substantial
20 justice has been done, the Secretary Commissioner may order a
21 rehearing by the Board or other special committee appointed by
22 the Secretary Commissioner, may remand the matter to the Board
23 for its reconsideration of the matter based on the pleadings
24 and evidence presented to the Board, or may enter a final order
25 in contravention of the Board's recommendation. In all
26 instances under this Act in which the Board has rendered a
27 recommendation to the Secretary Commissioner with respect to a
28 particular licensee or applicant, the Secretary Commissioner,
29 if he or she disagrees with the recommendation of the Board,
30 shall file with the Board and provide to the licensee or
31 applicant a copy of the Secretary's Commissioner's specific
32 written reasons for disagreement with the Board. The reasons
33 shall be filed within 60 days of the Board's recommendation to
34 the Secretary Commissioner and prior to any contrary action.

 

 

09400SB0482ham002 - 28 - LRB094 10608 RAS 57805 a

1 Notwithstanding a licensee's or applicant's failure to file a
2 motion for rehearing At the expiration of the time specified
3 for filing a motion for a rehearing, the Secretary Commissioner
4 shall have the right to take any of the actions specified in
5 this subsection (d). Upon the suspension or revocation of a
6 license, the licensee shall be required to surrender his or her
7 license to the Department OBRE, and upon failure or refusal to
8 do so, the Department OBRE shall have the right to seize the
9 license.
10     (e) The Department Office of Banks and Real Estate has the
11 power to issue subpoenas and subpoenas duces tecum to bring
12 before it any person in this State, to take testimony, or to
13 require production of any records relevant to an inquiry or
14 hearing by the Board in the same manner as prescribed by law in
15 judicial proceedings in the courts of this State. In a case of
16 refusal of a witness to attend, testify, or to produce books or
17 papers concerning a matter upon which he or she might be
18 lawfully examined, the circuit court of the county where the
19 hearing is held, upon application of the Department Office of
20 Banks and Real Estate or any party to the proceeding, may
21 compel obedience by proceedings as for contempt.
22     (f) Any license that is suspended indefinitely or revoked
23 may not be restored for a minimum period of 2 years, or as
24 otherwise ordered by the Secretary Commissioner.
25     (g) In addition to the provisions of this Section
26 concerning the conduct of hearings and the recommendations for
27 discipline, the Department OBRE has the authority to negotiate
28 disciplinary and non-disciplinary settlement agreements
29 concerning any license issued under this Act. All such
30 agreements shall be recorded as Consent Orders or Consent to
31 Administrative Supervision Orders.
32     (h) The Secretary Commissioner shall have the authority to
33 appoint an attorney duly licensed to practice law in the State
34 of Illinois to serve as the hearing officer in any action to

 

 

09400SB0482ham002 - 29 - LRB094 10608 RAS 57805 a

1 suspend, revoke, or otherwise discipline any license issued by
2 the Department Office of Banks and Real Estate. The Hearing
3 Officer shall have full authority to conduct the hearing.
4     (i) The Department OBRE, at its expense, shall preserve a
5 record of all formal hearings of any contested case involving
6 the discipline of a license. At all hearings or pre-hearing
7 conferences, the Department OBRE and the licensee shall be
8 entitled to have the proceedings transcribed by a certified
9 shorthand reporter. A copy of the transcribed proceedings shall
10 be made available to the licensee by the certified shorthand
11 reporter upon payment of the prevailing contract copy rate.
12 (Source: P.A. 92-180, eff. 7-1-02.)
 
13     (225 ILCS 458/15-17 new)
14 (Section scheduled to be repealed on January 1, 2012)
15     Sec. 15-17. Temporary suspension. The Secretary may
16 temporarily suspend the license of a licensee without a
17 hearing, simultaneously with the institution of proceedings
18 for a hearing provided in Section 15-10 of this Act, if the
19 Secretary finds that the public interest, safety, or welfare
20 requires such emergency action. In the event that the Secretary
21 temporarily suspends a license without a hearing before the
22 Board, a hearing shall be held within 30 days after the
23 suspension has occurred. The suspended licensee may seek a
24 continuance of the hearing, during which time the suspension
25 shall remain in effect. The proceeding shall be concluded
26 without appreciable delay. If the Department does not hold a
27 hearing within 30 days after the date of suspension, the
28 licensee's license shall be automatically reinstated.
 
29     (225 ILCS 458/15-20)
30     (Section scheduled to be repealed on January 1, 2012)
31     Sec. 15-20. Administrative Review Law; certification fees;
32 Administrative Procedure Act.

 

 

09400SB0482ham002 - 30 - LRB094 10608 RAS 57805 a

1     (a) All final administrative decisions of the Secretary
2 Commissioner under this Act are subject to judicial review
3 pursuant to the provisions of the Administrative Review Law and
4 the rules adopted pursuant thereto. The term "administrative
5 decision" has the meaning ascribed to it in Section 3-101 of
6 the Administrative Review Law.
7     (b) The Department OBRE shall not be required to certify
8 any record, file any answer or otherwise appear unless the
9 party filing the administrative review complaint pays the
10 certification fee to the Department OBRE as provided by rule.
11 Failure on the part of the plaintiff to make such a deposit
12 shall be grounds for dismissal of the action.
13     (c) The Administrative Procedures Act is hereby expressly
14 adopted and incorporated herein. In the event of a conflict
15 between this Act and the Administrative Procedures Act, this
16 Act shall control.
17 (Source: P.A. 92-180, eff. 7-1-02.)
 
18     (225 ILCS 458/15-30)
19     (Section scheduled to be repealed on January 1, 2012)
20     Sec. 15-30. Statute of limitations. No action may be taken
21 under this Act against a person licensed under this Act unless
22 the action is commenced within 5 years after the occurrence of
23 the alleged violation or at least 2 years after final
24 disposition of any judicial proceeding in which the appraiser
25 provided testimony related to the assignment, whichever period
26 expires last. A continuing violation is deemed to have occurred
27 on the date when the circumstances last existed that gave rise
28 to the alleged continuing violation.
29 (Source: P.A. 92-180, eff. 7-1-02.)
 
30     (225 ILCS 458/15-35)
31     (Section scheduled to be repealed on January 1, 2012)
32     Sec. 15-35. Signature of the Secretary Commissioner. An

 

 

09400SB0482ham002 - 31 - LRB094 10608 RAS 57805 a

1 order of revocation or suspension or a certified copy of the
2 order, bearing the seal of the Department OBRE and purporting
3 to be signed by the Secretary Commissioner, shall be prima
4 facie proof that:
5         (1) the signature is the genuine signature of the
6     Secretary Commissioner;
7         (2) the Secretary Commissioner is duly appointed and
8     qualified; and
9         (3) the Board and the members thereof are qualified.
10 This proof may be rebutted.
11 (Source: P.A. 92-180, eff. 7-1-02.)
 
12     (225 ILCS 458/15-40)
13     (Section scheduled to be repealed on January 1, 2012)
14     Sec. 15-40. Violation of tax Acts. The Department OBRE may
15 refuse to issue or renew or may suspend the license of any
16 person who fails to file a return, pay the tax, penalty, or
17 interest shown in a filed return, or pay any final assessment
18 of tax, penalty, or interest, as required by any tax Act
19 administered by the Department of Revenue, until such time as
20 the requirements of that tax Act are satisfied.
21 (Source: P.A. 92-180, eff. 7-1-02.)
 
22     (225 ILCS 458/15-45)
23     (Section scheduled to be repealed on January 1, 2012)
24     Sec. 15-45. Disciplinary action for educational loan
25 defaults. The Department OBRE shall deny a license or renewal
26 authorized by this Act to a person who has defaulted on an
27 educational loan or scholarship provided or guaranteed by the
28 Illinois Student Assistance Commission or any governmental
29 agency of this State; however, the Department OBRE may issue a
30 license or renewal if the person has established a satisfactory
31 repayment record as determined by the Illinois Student
32 Assistance Commission or other appropriate governmental agency

 

 

09400SB0482ham002 - 32 - LRB094 10608 RAS 57805 a

1 of this State. Additionally, a license issued by the Department
2 OBRE may be suspended or revoked if the Secretary Commissioner,
3 after the opportunity for a hearing under this Act, finds that
4 the licensee has failed to make satisfactory repayment to the
5 Illinois Student Assistance Commission for a delinquent or
6 defaulted loan.
7 (Source: P.A. 92-180, eff. 7-1-02.)
 
8     (225 ILCS 458/15-50)
9     (Section scheduled to be repealed on January 1, 2012)
10     Sec. 15-50. Nonpayment of child support. In cases where the
11 Department of Healthcare and Family Services (formerly
12 Department of Public Aid) has previously determined that a
13 licensee or a potential licensee is more than 30 days
14 delinquent in the payment of child support and has subsequently
15 certified the delinquency to the Department OBRE, the
16 Department OBRE may refuse to issue or renew or may revoke or
17 suspend that person's license or may take other disciplinary
18 action against that person based solely upon the certification
19 of delinquency made by the Department of Healthcare and Family
20 Services (formerly Department of Public Aid). Redetermination
21 of the delinquency by the Department OBRE shall not be
22 required. In cases regarding the renewal of a license, the
23 Department OBRE shall not renew any license if the Department
24 of Healthcare and Family Services (formerly Department of
25 Public Aid) has certified the licensee to be more than 30 days
26 delinquent in the payment of child support, unless the licensee
27 has arranged for payment of past and current child support
28 obligations in a manner satisfactory to the Department of
29 Healthcare and Family Services (formerly Department of Public
30 Aid). The Department OBRE may impose conditions, restrictions,
31 or disciplinary action upon that renewal.
32 (Source: P.A. 92-180, eff. 7-1-02; revised 12-15-05.)
 

 

 

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1     (225 ILCS 458/15-55)
2     (Section scheduled to be repealed on January 1, 2012)
3     Sec. 15-55. Returned checks; penalty; termination. A
4 person who delivers a check or other payment to the Department
5 OBRE that is returned to the Department OBRE unpaid by the
6 financial institution upon which it was drawn shall pay to the
7 Department OBRE, in addition to the amount already owed, a
8 penalty of $50. The Department OBRE shall notify the person, by
9 certified mail return receipt requested, that his or her check
10 or payment was returned and that the person shall pay to the
11 Department OBRE by certified check or money order the amount of
12 the returned check plus a $50 penalty within 30 calendar days
13 after the date of the notification. If, after the expiration of
14 30 calendar days of the notification, the person has failed to
15 remit the necessary funds and penalty, the Department OBRE
16 shall automatically terminate the license or deny the
17 application without hearing. If the returned check or other
18 payment was for issuance of a license under this Act and that
19 person practices as an appraiser, that person may be subject to
20 discipline for unlicensed practice as provided in this Act. If,
21 after termination or denial, the person seeks a license, he or
22 she shall petition the Department OBRE for restoration and he
23 or she may be subject to additional discipline or fines. The
24 Secretary Commissioner may waive the penalties or fines due
25 under this Section in individual cases where the Secretary
26 Commissioner finds that the penalties or fines would be
27 unreasonable or unnecessarily burdensome.
28 (Source: P.A. 92-180, eff. 7-1-02.)
 
29     (225 ILCS 458/15-60)
30     (Section scheduled to be repealed on January 1, 2012)
31     Sec. 15-60. Cease and desist orders. The Department OBRE
32 may issue cease and desist orders to persons who engage in
33 activities prohibited by this Act. Any person in violation of a

 

 

09400SB0482ham002 - 34 - LRB094 10608 RAS 57805 a

1 cease and desist order issued by the Department OBRE is subject
2 to all of the penalties provided by law.
3 (Source: P.A. 92-180, eff. 7-1-02.)
 
4     (225 ILCS 458/20-5)
5     (Section scheduled to be repealed on January 1, 2012)
6     Sec. 20-5. Education providers.
7     (a) Beginning July 1, 2002, only education providers
8 licensed by the Department OBRE may provide the pre-license and
9 continuing education courses required for licensure under this
10 Act.
11     (b) A person or entity seeking to be licensed as an
12 education provider under this Act shall provide satisfactory
13 evidence of the following:
14         (1) a sound financial base for establishing,
15     promoting, and delivering the necessary courses;
16         (2) a sufficient number of qualified instructors;
17         (3) adequate support personnel to assist with
18     administrative matters and technical assistance;
19         (4) a written policy dealing with procedures for
20     management of grievances and fee refunds;
21         (5) a qualified administrator, who is responsible for
22     the administration of the education provider, courses, and
23     the actions of the instructors; and
24         (6) any other requirements as provided by rule.
25     (c) All applicants for an education provider's license
26 shall make initial application to the Department OBRE on forms
27 provided by the Department OBRE and pay the appropriate fee as
28 provided by rule. The term, expiration date, and renewal of an
29 education provider's license shall be established by rule.
30     (d) An education provider shall provide each successful
31 course participant with a certificate of completion signed by
32 the school administrator. The format and content of the
33 certificate shall be specified by rule.

 

 

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1     (e) All education providers shall provide to the Department
2 OBRE a monthly roster of all successful course participants as
3 provided by rule.
4 (Source: P.A. 92-180, eff. 7-1-02.)
 
5     (225 ILCS 458/20-10)
6     (Section scheduled to be repealed on January 1, 2012)
7     Sec. 20-10. Course approval.
8     (a) Only courses offered by licensed education providers
9 and approved by the Department, courses approved by the AQB, or
10 courses approved by jurisdictions regulated by the Appraisal
11 Subcommittee OBRE shall be used to meet the requirements of
12 this Act and rules.
13     (b) An education provider licensed under this Act may
14 submit courses to the Department OBRE for approval. The
15 criteria, requirements, and fees for courses shall be
16 established by rule in accordance with this Act, Title XI, and
17 the criteria established by the AQB.
18     (c) For each course approved, the Department OBRE shall
19 issue a license to the education provider. The term, expiration
20 date, and renewal of a course approval shall be established by
21 rule.
22     (d) An education provider must use an instructor for each
23 course approved by the the Department who (i) holds a valid
24 real estate appraisal license in good standing as a State
25 certified general real estate appraiser or a State certified
26 residential real estate appraiser in Illinois or any other
27 jurisdiction regulated by the Appraisal Subcommittee, (ii)
28 holds a valid teaching certificate issued by the State of
29 Illinois, (iii) is a faculty member in good standing with an
30 accredited college or university or community college, (iv) is
31 an approved appraisal instructor from an appraisal
32 organization that is a member of the Appraisal Foundation, or
33 (v) meets any other requirements established by the Department

 

 

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1 by rule.
2 (Source: P.A. 92-180, eff. 7-1-02.)
 
3     (225 ILCS 458/25-5)
4     (Section scheduled to be repealed on January 1, 2012)
5     Sec. 25-5. Appraisal Administration Fund; surcharge. The
6 Appraisal Administration Fund is created as a special fund in
7 the State Treasury. All fees, fines, and penalties received by
8 the Department OBRE under this Act shall be deposited into the
9 Appraisal Administration Fund. All earnings attributable to
10 investment of funds in the Appraisal Administration Fund shall
11 be credited to the Appraisal Administration Fund. Subject to
12 appropriation, the moneys in the Appraisal Administration Fund
13 shall be paid to the Department OBRE for the expenses incurred
14 by the Department OBRE and the Board in the administration of
15 this Act. Moneys in the Appraisal Administration Fund may be
16 transferred to the Professions Indirect Cost Fund as authorized
17 under Section 2105-300 of the Department of Professional
18 Regulation Law of the Civil Administrative Code of Illinois.
19     Upon the completion of any audit of the Department OBRE, as
20 prescribed by the Illinois State Auditing Act, which shall
21 include an audit of the Appraisal Administration Fund, the
22 Department OBRE shall make the audit report open to inspection
23 by any interested person.
24 (Source: P.A. 94-91, eff. 7-1-05.)
 
25     (225 ILCS 458/25-10)
26     (Section scheduled to be repealed on January 1, 2012)
27     Sec. 25-10. Real Estate Appraisal Administration and
28 Disciplinary Board; appointment.
29     (a) There is hereby created the Real Estate Appraisal
30 Administration and Disciplinary Board. The Board shall be
31 composed of 10 persons appointed by the Governor, plus the
32 Coordinator Director of the Real Estate Appraisal Division.

 

 

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1 Members shall be appointed to the Board subject to the
2 following conditions:
3         (1) All appointed members shall have been residents and
4     citizens of this State for at least 5 years prior to the
5     date of appointment.
6         (2) The appointed membership of the Board should
7     reasonably reflect the geographic distribution of the
8     population of the State.
9         (3) Four appointed members shall have been actively
10     engaged and currently licensed as State certified general
11     real estate appraisers for a period of not less than 5
12     years.
13         (4) Two appointed members shall have been actively
14     engaged and currently licensed as State certified
15     residential real estate appraisers for a period of not less
16     than 5 years.
17         (5) Two appointed members shall hold a valid license as
18     a real estate broker for at least 10 years prior to the
19     date of the appointment, one of whom and shall hold a valid
20     State certified general real estate appraiser license
21     issued under this Act or a predecessor Act for a period of
22     at least 5 years prior to the appointment and one of whom
23     shall hold a valid State certified residential real estate
24     appraiser license issued under this Act or a predecessor
25     Act for a period of at least 5 years prior to the
26     appointment.
27         (6) One appointed member shall be a representative of a
28     financial institution, as evidenced by his or her
29     employment with a financial institution.
30         (7) One appointed member shall represent the interests
31     of the general public. This member or his or her spouse
32     shall not be licensed under this Act nor be employed by or
33     have any interest in an appraisal business, real estate
34     brokerage business, or a financial institution.

 

 

09400SB0482ham002 - 38 - LRB094 10608 RAS 57805 a

1     In making appointments as provided in paragraphs (3) and
2 (4) of this subsection, the Governor shall give due
3 consideration to recommendations by members and organizations
4 representing the profession real estate appraisal industry.
5     In making the appointments as provided in paragraph (5) of
6 this subsection, the Governor shall give due consideration to
7 the recommendations by members and organizations representing
8 the real estate industry.
9     In making the appointment as provided in paragraph (6) of
10 this subsection, the Governor shall give due consideration to
11 the recommendations by members and organizations representing
12 financial institutions.
13     (b) The term for members of the Board shall be 4 years,
14 except for the initial appointees. Of the initial appointments,
15 4 members shall be appointed for terms ending June 30, 2006, 3
16 members shall be appointed for terms ending June 30, 2005, and
17 3 members shall be appointed for terms ending June 30, 2004. No
18 member shall serve more than 10 years in a lifetime. Those
19 persons serving on the Board pursuant to the Real Estate
20 Appraiser Licensing Act shall become members of the new Board
21 on July 1, 2002 and shall serve until the Governor has made the
22 new appointments pursuant to this Act.
23     (c) The Governor may terminate the appointment of a member
24 for cause that, in the opinion of the Governor, reasonably
25 justifies the termination. Cause for termination may include,
26 without limitation, misconduct, incapacity, neglect of duty,
27 or missing 4 Board meetings during any one calendar year.
28     (d) A majority of the Board members currently appointed
29 shall constitute a quorum. A vacancy in the membership of the
30 Board shall not impair the right of a quorum to exercise all of
31 the rights and perform all of the duties of the Board.
32     (e) The Board shall meet at least quarterly and may be
33 convened by the Chairperson, Co-Chairperson, or 3 members of
34 the Board upon 10 days written notice.

 

 

09400SB0482ham002 - 39 - LRB094 10608 RAS 57805 a

1     (f) The Board shall, annually at the first meeting of the
2 fiscal year, elect a Chairperson and Vice-Chairperson from its
3 members. The Chairperson shall preside over the meetings and
4 shall coordinate with the Coordinator Director in developing
5 and distributing an agenda for each meeting. In the absence of
6 the Chairperson, the Co-Chairperson shall preside over the
7 meeting.
8     (g) The Coordinator Director of the Real Estate Appraisal
9 Division shall serve as a member of the Board without vote.
10     (h) The Board shall advise and make recommendations to the
11 Department OBRE on the education and experience qualifications
12 of any applicant for initial licensure as a State-certified
13 general real estate appraiser or a State-certified residential
14 real estate appraiser. The Department shall not make any
15 decisions concerning education or experience qualifications of
16 an applicant for initial licensure as a State-certified general
17 real estate appraiser or a State-certified residential real
18 estate appraiser without having first received the advice and
19 recommendation of the Board and matters of licensing and
20 education. OBRE shall give due consideration to all such advice
21 and recommendations; however, if the Board does not render
22 advice or make a recommendation within a reasonable amount of
23 time, as determined by rule of the Department, then the
24 Department may render a decision presented by the Board.
25     (i) Except as provided in Section 15-17 of this Act, the
26 The Board shall hear and make recommendations to the Secretary
27 Commissioner on disciplinary matters that require a formal
28 evidentiary hearing. The Secretary Commissioner shall give due
29 consideration to the recommendations of the Board involving
30 discipline and questions involving standards of professional
31 conduct of licensees.
32     (j) The Department shall seek and the Board shall provide
33 may make recommendations to the Department OBRE consistent with
34 the provisions of this Act and for the administration and

 

 

09400SB0482ham002 - 40 - LRB094 10608 RAS 57805 a

1 enforcement of all the rules adopted pursuant to this Act. The
2 Department shall not adopt any rules relating to the
3 administration and enforcement of this Act without having first
4 received the recommendation of the Board and OBRE shall give
5 due consideration to such the recommendations of the Board
6 prior to adopting rules; however, if the Board does not make a
7 recommendation within a reasonable amount of time, as
8 determined by rule of the Department, then the Department may
9 adopt rules.
10     (k) The Department shall seek and the Board shall provide
11 make recommendations to the Department OBRE on the approval of
12 all courses submitted to the Department OBRE pursuant to this
13 Act and the rules adopted pursuant to this Act. The Department
14 shall not approve any courses without having first received the
15 recommendation of the Board and OBRE shall give due
16 consideration to such the recommendations of the Board prior to
17 approving and licensing courses; however, if the Board does not
18 make a recommendation within a reasonable amount of time, as
19 determined by rule of the Department, then the Department may
20 approve courses.
21     (l) Each voting member of the Board shall receive a per
22 diem stipend in an amount to be determined by the Secretary
23 Commissioner. Each member shall be paid his or her necessary
24 expenses while engaged in the performance of his or her duties.
25     (m) Members of the Board shall be immune from suit in an
26 action based upon any disciplinary proceedings or other acts
27 performed in good faith as members of the Board.
28     (n) If the Department disagrees with any advice or
29 recommendation provided by the Board under this Section to the
30 Secretary or the Department, then notice of such disagreement
31 must be provided to the Board by the Department.
32     (o) Upon resolution adopted at any Board meeting, the
33 exercise of any Board function, power, or duty enumerated in
34 this Section or in subsection (d) of Section 15-10 of this Act

 

 

09400SB0482ham002 - 41 - LRB094 10608 RAS 57805 a

1 may be suspended. The exercise of any suspended function,
2 power, or duty of the Board may be reinstated by a resolution
3 adopted at a subsequent Board meeting. Any resolution adopted
4 pursuant to this Section shall take effect immediately.
5 (Source: P.A. 92-180, eff. 7-1-02.)
 
6     (225 ILCS 458/25-15)
7     (Section scheduled to be repealed on January 1, 2012)
8     Sec. 25-15. Coordinator Director of the Real Estate
9 Appraisal Division; appointment; duties. The Secretary shall
10 appoint, subject to the Personnel Code, a Coordinator of Real
11 Estate Appraisal for a term of 4 years. In appointing the
12 Coordinator, the Secretary shall give due consideration to
13 recommendations made by members, organizations, and
14 associations of the real estate appraisal industry. On or after
15 January 1, 2008, the Coordinator must hold a current, valid
16 State certified general real estate certificate or a State
17 certified residential real estate certificate, which shall be
18 surrendered to the Department during the term of his or her
19 appointment. The Coordinator must take the 30-hour National
20 Instructors Course on Uniform Standards of Professional
21 Appraisal Practice. The Coordinator's certificate shall be
22 returned in the same status as it was on the date of surrender,
23 credited with all fees and continuing education requirements
24 that came due during his or her employment. Commissioner shall
25 appoint a Director of the Real Estate Appraisal Division for a
26 term of 4 years. The Director shall hold a valid State
27 certified general real estate appraiser or State certified
28 residential real estate appraiser license, which shall be
29 surrendered to OBRE during the term of his or her appointment.
30 The Coordinator Director of the Real Estate Appraisal Division
31 shall:
32         (1) serve as a member of the Real Estate Appraisal
33     Administration and Disciplinary Board without vote;

 

 

09400SB0482ham002 - 42 - LRB094 10608 RAS 57805 a

1         (2) be the direct liaison between the Department OBRE,
2     the profession, and the real estate appraisal industry
3     organizations and associations;
4         (3) prepare and circulate to licensees such
5     educational and informational material as the Department
6     OBRE deems necessary for providing guidance or assistance
7     to licensees;
8         (4) appoint necessary committees to assist in the
9     performance of the functions and duties of the Department
10     OBRE under this Act; and
11         (5) (blank). subject to the administrative approval of
12     the Commissioner, supervise the Real Estate Appraisal
13     Division.
14     In appointing the Director of the Real Estate Appraisal
15 Division, the Commissioner shall give due consideration to
16 members, organizations, and associations of the real estate
17 appraisal industry.
18 (Source: P.A. 92-180, eff. 7-1-02.)
 
19     (225 ILCS 458/25-20)
20     (Section scheduled to be repealed on January 1, 2012)
21     Sec. 25-20. Department OBRE; powers and duties. The
22 Department of Financial and Professional Regulation Office of
23 Banks and Real Estate shall exercise the powers and duties
24 prescribed by the Civil Administrative Code of Illinois for the
25 administration of licensing Acts and shall exercise such other
26 powers and duties as are prescribed by this Act for the
27 administration of this Act. The Department OBRE may contract
28 with third parties for services necessary for the proper
29 administration of this Act, including without limitation,
30 investigators with the proper knowledge, training, and skills
31 to properly investigate complaints against real estate
32 appraisers. Any investigator who is employed by the Department,
33 contractually or otherwise, must be a State-certified real

 

 

09400SB0482ham002 - 43 - LRB094 10608 RAS 57805 a

1 estate appraiser.
2     The Department OBRE shall maintain and update a registry of
3 the names and addresses of all licensees and a listing of
4 disciplinary orders issued pursuant to this Act and shall
5 transmit the registry, along with any national registry fees
6 that may be required, to the entity specified by, and in a
7 manner consistent with, Title XI of the federal Financial
8 Institutions Reform, Recovery and Enforcement Act of 1989.
9 (Source: P.A. 92-180, eff. 7-1-02.)
 
10     (225 ILCS 458/25-25)
11     (Section scheduled to be repealed on January 1, 2012)
12     Sec. 25-25. Rules. The Department OBRE, after considering
13 any recommendations of the Board, shall adopt rules that may be
14 necessary for administration, implementation, and enforcement
15 of the Act.
16 (Source: P.A. 92-180, eff. 7-1-02.)
 
17     (225 ILCS 458/30-10)
18     (Section scheduled to be repealed on January 1, 2012)
19     Sec. 30-10. Appraisal Administration Fund.
20     (a) The Appraisal Administrative Fund, created under the
21 Real Estate License Act of 1983 and continued under Section 40
22 of the Real Estate Appraiser Licensing Act, is continued under
23 this Act. All fees collected under this Act shall be deposited
24 into the Appraisal Administration Fund, created in the State
25 Treasury under the Real Estate License Act of 1983.
26     (b) Appropriations to the Department OBRE from the
27 Appraisal Administration Fund for the purpose of administering
28 the Real Estate Appraiser Licensing Act may be used by the
29 Department OBRE for the purpose of administering and enforcing
30 the provisions of this Act.
31 (Source: P.A. 92-180, eff. 7-1-02.)
 

 

 

09400SB0482ham002 - 44 - LRB094 10608 RAS 57805 a

1     Section 99. Effective date. This Act takes effect January
2 1, 2007.".