HB3495 94TH GENERAL ASSEMBLY

LRB094 08891 RAS 39111 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3495

Introduced 2/23/2005, by Rep. Angelo Saviano

SYNOPSIS AS INTRODUCED:

See Index

Amends the Real Estate Appraiser Licensing Act of 2002. Changes the short title to the Illinois Real Estate Appraisers Act (and amends the Regulatory Sunset Act to reflect the change in the short title). Changes and repeals the provisions of, and adds provisions to, the Real Estate Appraiser Licensing Act of 2002 as follows: creates the Illinois Appraisal Board as an entity with 9 members appointed by the Governor, sets forth its powers and duties, and provides that the Board shall appoint a non-voting Executive Director with specified qualifications, powers, and duties; requires real estate appraisers to obtain a registration, license, or certificate issued by the Board, with specified exceptions; prohibits the use of certain designations unless the person is registered, licensed, or certified by the Board; provides for the scope of practice of appraisers in federally related transactions; requires appraisers to comply with standards of professional appraisal practice adopted by the Board; sets forth application, pre-license and continuing education, and examination requirements and qualifications for an associate real estate appraiser, a State certified residential real estate appraiser, and a State certified General real estate appraiser and provides for renewals; provides for temporary practice permits for nonresident appraisers; provides for fees, retention of records, approval of education programs and courses and education providers; provides that the Board may adopt rules; provides that the Board shall appoint an Executive Director with specified qualifications, powers, and duties; provides that the Board may take disciplinary action and suspend or revoke any registration, license, or certificate or reprimand any registered associate appraiser or certificate holder under specified circumstances; provides for surrender of a registration, license, or certificate; provides for investigations and disposition of complaints; provides that records of the Board concerning a complaint or investigation are not public records, but a statement of charges contained within a notice of a hearing to be held by the Board is a public record, and records admitted into evidence in a hearing held by the Board, and any final decisions and orders by the Board, including consent orders, are public records; provides for inspection of records, penalties for violation of the Act, and injunctions; provides that a court may refer a matter to the Board if an appraiser is adjudged to have caused injury or damage through gross negligence, incompetence, fraud, dishonesty, or other civil or criminal misconduct; repeals various provisions of the Act; and makes other changes.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning professional regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Regulatory Sunset Act is amended by changing Section 4.22 as follows:

(5 ILCS 80/4.22)

Sec. 4.22. Acts Act repealed on January 1, 2012. The following Acts are Act is repealed on January 1, 2012:

The Detection of Deception Examiners Act.

The Home Inspector License Act.

The Interior Design Title Act.

The Massage Licensing Act.

The Petroleum Equipment Contractors Licensing Act.

The Professional Boxing Act.

The Illinois Real Estate Appraisers Appraiser Licensing Act of 2002.

The Water Well and Pump Installation Contractor's License Act.

(Source: P.A. 92-104, eff. 7-20-01; 92-180, eff. 7-1-02; 92-239, eff. 8-3-01; 92-453, eff. 8-21-01; 92-499, eff. 1-1-02; 92-500, eff. 12-18-01; 92-618, eff. 7-11-02; 92-651, eff. 7-11-02; 92-860, eff. 6-1-03; revised 1-18-03.)

Section 10. The Real Estate Appraiser Licensing Act of 2002 is amended by changing Sections 1-1 and 1-10 and the heading of Article 1, by changing and renumbering Sections 5-10, 5-15, 5-20, 5-25, 5-35, 5-45, 5-55, 10-5, 10-10, 15-10, 20-5, 20-10, 25-10, and 25-15, by renumbering Sections 5-50 and 10-20, by adding Sections 1-11, 1-12, 1-13, 1-45, 1-55, 1-70, 1-85, 1-90, 1-100, 1-110, 1-115, and 1-120, and by adding Article 2 as follows:

(225 ILCS 458/Art. 1 heading)

ARTICLE 1. REAL ESTATE APPRAISER GENERAL PROVISIONS

(Scheduled to be repealed on January 1, 2012)

(225 ILCS 458/1-1)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-1. Short title. This Act may be cited as the Illinois Real Estate Appraisers Appraiser Licensing Act of 2002.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-10)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-10. Definitions. As used in this Act, unless the context otherwise requires:

"Applicant" means person who applies to the Board OBRE for a license, registration, or certificate under this Act.

"Appraisal" or "real estate appraisal" means an analysis, opinion, or conclusion as to the value of identified real estate or specified interests therein performed for compensation or other valuable consideration. means (noun) the act or process of developing an opinion of value; an opinion of value (adjective) of or pertaining to appraising and related functions.

"Appraisal assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion, relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. The term "appraisal assignment" may apply to valuation work and to analysis work report" means a written appraisal by an appraiser to a client.

"Appraisal Subcommittee" means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council as established by Title XI.

"Appraiser" or "real estate appraiser" means any person who inspects, analyzes, or renders an opinion or conclusion relating to the nature, quality, value, or utility of specified interests in or aspects of identified real estate, for or in expectation of compensation means a person who performs real estate or real property appraisals.

"AQB" means the Appraisal Qualifications Board of the Appraisal Foundation.

"Associate real estate appraiser" means an entry-level appraiser who holds a license of this classification under this Act and applies to the appraisal of non-complex property having a transaction value less than $1,000,000, but with restrictions as to the scope of practice in accordance with this Act.

"Board" means the Illinois "Board" means the Real Estate Appraisal Board.

"Foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois.

"Classroom hour" means 50 minutes of instruction out of each 60 minute segment of coursework.

"Client" means a person who utilizes the services of an appraiser or engages an appraiser for an appraisal by employment or contract.

"Commissioner" means the Commissioner of the Office of Banks and Real Estate or his or her designee.

"Director" means the Director of the Real Estate Appraisal Division of OBRE or his or her designee.

"Federal financial institutions regulatory agencies" means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the National Credit Union Administration.

"Federally related transaction" means any real estate-related financial transaction in which a federal financial institutions regulatory agency, the Department of Housing and Urban Development, Fannie Mae, Freddie Mac Mae, or the National Credit Union Administration engages in, contracts for, or regulates and requires the services of an appraiser.

"Financial institution" means any bank, savings bank, savings and loan association, credit union, mortgage broker, mortgage banker, licensee under the Consumer Installment Loan Act or the Sales Finance Agency Act, or a corporate fiduciary, subsidiary, affiliate, parent company, or holding company of any such licensee, or any institution involved in real estate financing that is regulated by state or federal law.

"OBRE" means the Office of Banks and Real Estate.

"Real estate" or "real property" means an identified parcel or tract of land, including the air above and ground below and all appurtenances and improvements thereto, as well as any interest or right inherent in the ownership of land means an identified parcel or tract of land, including any improvements.

"Real estate related financial transaction" means any transaction involving:

(1) the sale, lease, purchase, investment in, or exchange of real property, including interests in property or the financing thereof;

(2) the refinancing of real property or interests in real property; and

(3) the use of real property or interest in property as security for a loan or investment, including mortgage backed securities.

"Real property" means the interests, benefits, and rights inherent in the ownership of real estate.

"State certified general real estate appraiser" means an appraiser who holds a license of this classification under this Act and such classification applies to the appraisal of all types of real property without restrictions as to the scope of practice.

"State certified residential real estate appraiser" means an appraiser who holds a license of this classification under this Act and such classification applies to the appraisal of one to 4 units of residential real property without regard to transaction value or complexity, but with restrictions as to the scope of practice in a federally related transaction in accordance with Title XI, the provisions of USPAP, criteria established by the AQB, and further defined by rule.

"State licensed real estate appraiser" means an appraiser who holds a real estate appraiser license issued pursuant to a predecessor Act. A real estate appraiser license authorizes its holder to conduct the appraisal of non-complex one to 4 units of residential real property having a transaction value less than $1,000,000 and complex one to 4 residential units of real property having a value less than $250,000, but with restrictions as to the scope of practice in accordance with Title XI, criteria established by USPAP, by the AQB, by this Act, and by rule. No such initial license shall be issued after the effective date of this Act or renewed after September 30, 2003 under this Act.

"Title XI" means Title XI of the federal Financial Institutions Reform, Recovery and Enforcement Act of 1989.

"USPAP" means the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Standards Board pursuant to Title XI and by rule.

"Appraisal report" means any communication, written or oral, of an appraisal.

"Comparative market analysis" means the analysis of sales of similar recently sold properties in order to derive an indication of the probable sales price of a particular property by a licensed real estate broker or salesperson.

"Residential real estate" means any parcel of real estate, improved or unimproved, that is exclusively residential in nature and that includes or is intended to include a residential structure containing not more than 4 dwelling units and no other improvements except those which are typical residential improvements that support the residential use for the location and property type. A residential unit in a condominium, town house, or cooperative complex, or planned unit development is considered to be residential real estate.

"Temporary appraiser licensure or certification" means the issuance of a temporary license or certificate by the Board to a person licensed or certified in another state who enters this State for the purpose of completing a particular appraisal assignment.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-11 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-11. Registration, license, or certificate required of real estate appraisers. It shall be unlawful for any person in this State to act as a real estate appraiser, to directly or indirectly engage or attempt to engage in the business of real estate appraisal, or to advertise or hold himself or herself out as engaging in or conducting the business of real estate appraisal without first obtaining a registration, license, or certificate issued by the Board under the provisions of this Act. It shall also be unlawful, with regard to any real property where any portion of that property is located within this State, for any person to perform any of the acts listed above without first being registered, licensed, or certified by the Board under the provisions of this Act.

(225 ILCS 458/1-12 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-12. When registration, license, or certificate not required.

(a) No trainee registration, license, or certificate shall be issued under the provisions of this Act to a partnership, association, corporation, firm, or group. However, nothing herein shall preclude a registered trainee or State certified real estate appraiser from rendering appraisals for or on behalf of a partnership, association, corporation, firm, or group, provided that the appraisal report is prepared by a State certified real estate appraiser or by a registered trainee under the immediate personal direction of the State certified real estate appraiser and is reviewed and signed by that State certified appraiser.

(b) Nothing in this Act shall preclude a real estate broker or salesman licensed under the Real Estate License Act of 2000 from performing a comparative market analysis provided the person does not represent himself or herself as being an Associate Appraiser, a State Certified Residential Appraiser or a State Certified General Real Estate Appraiser. A real estate broker or salesperson may perform a comparative market analysis for compensation or other valuable consideration only for prospective or actual brokerage clients or for real property involved in an employee relocation program.

(c) Registration, license, or certification is not required under this Act for:

(1) Any person, partnership, association, or corporation that performs appraisals of property owned by that person, partnership, association, or corporation for the sole use of that person, partnership, association, or corporation;

(2) Any court-appointed commissioner who conducts an appraisal pursuant to a judicially ordered evaluation of property;

(3) Any person who qualifies as an expert witness for court or administrative agency testimony, if otherwise qualified;

(4) A person who appraises standing timber so long as the appraisal does not include a determination of value of any land;

(5) Any person employed by a lender in the performance of appraisals with respect to which federal regulations do not require a certified appraiser; however, any person who is registered, licensed, or certified under this Act and who performs any of the activities set in this subsection (c), must comply with all of the provisions of this Act.

(225 ILCS 458/1-13 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-13. Prohibited use of title; permissible use of title.

(a) It shall be unlawful for any person to assume or use the title "Associate Appraiser", "State Certified General Real Estate Appraiser", "State Certified Residential Real Estate Appraiser" or any title, designation, or abbreviation likely to create the impression of registration, licensure, or certification as a real estate appraiser, unless the person is registered, licensed, or certified by the Board in accordance with the provisions of this Act. The Board may adopt for the exclusive use of persons licensed or certified under the provisions of this Act, a seal, symbol, or other mark identifying the user as an Associate Appraiser or State certified real estate appraiser.

(b) Any person certified as a real estate appraiser by an appraisal trade organization shall retain the right to use the term "certified" or any similar term in identifying the person to the public, provided that:

(1) In each instance wherein the term is used, the name of the certifying organization or body is prominently and conspicuously displayed immediately adjacent to the term; and

(2) The use of the term does not create the impression of certification by the State. This subsection (b) does not entitle any person certified only by a trade organization to conduct an appraisal that requires a State registration, license, or certification.

(c) The terms "Associate Appraiser" and "State certified real estate appraiser" or any similar term shall not be used following or immediately in connection with the name of a partnership, association, corporation, or other firm or group, or in a manner that might create the impression of registration, licensure, or certification as a real estate appraiser under this Act.

(225 ILCS 458/1-15) (was 225 ILCS 458/25-10)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-15 25-10. Illinois Real Estate Appraisal Board; appointment.

(a) There is hereby created the Illinois Real Estate Appraisal Board. The Board shall consist of 9 members. be composed of 10 persons appointed by the Governor, plus the Director of the Real Estate Appraisal Division. Members shall be appointed to the Board subject to the following conditions:

(1) All appointed members shall have been residents and citizens of this State for at least 5 years prior to the date of appointment.

(2) The appointed membership of the Board should reasonably reflect the geographic distribution of the population of the State.

(3) Six Four appointed members shall have been actively engaged and currently licensed as State certified general real estate appraisers for a period of not less than 5 years.

(4) One Two appointed member members shall have been actively engaged and currently licensed as a State certified residential real estate appraiser appraisers for a period of not less than 5 years.

(5) One Two appointed member members shall hold a valid license as a real estate broker for at least 10 years prior to the date of the appointment and shall hold a valid appraiser license issued under this Act or a predecessor Act for a period of at least 5 years prior to the appointment.

(6) (Blank). One appointed member shall be a representative of a financial institution, as evidenced by his or her employment with a financial institution.

(7) One appointed member shall represent the interests of the general public. This member or his or her spouse shall not be licensed under this Act nor be employed by or have any interest in an appraisal business, real estate brokerage business, or a financial institution.

In making appointments as provided in paragraphs (3) and (4) of this subsection, the Governor shall give due consideration to recommendations by members and organizations representing the real estate appraisal industry.

In making the appointments as provided in paragraph (5) of this subsection, the Governor shall give due consideration to the recommendations by members and organizations representing the real estate industry.

In making the appointment as provided in paragraph (6) of this subsection, the Governor shall give due consideration to the recommendations by members and organizations representing financial institutions.

(b) The term for members of the Board shall be 4 years, except for the initial appointees. Of the initial appointments, 3 4 members shall be appointed for terms ending June 30, 2007 2006, 3 members shall be appointed for terms ending June 30, 2008 2005, and 3 members shall be appointed for terms ending June 30, 2009 2004. No member shall serve more than 10 years in a lifetime. Those persons serving on the Board pursuant to the Real Estate Appraiser Licensing Act of 2002 on the effective date of this amendatory Act of the 94th General Assembly shall become members of the new Board on the effective date of this amendatory Act of the 94th General Assembly July 1, 2002 and shall serve until the Governor has made the new appointments pursuant to this amendatory Act of the 94th General Assembly Act. The members of the Board shall elect one of their members to serve as chairman of the Board for a term of one year.

(c) The Governor may terminate the appointment of a member for cause that, in the opinion of the Governor, reasonably justifies the termination. Cause for termination may include, without limitation, misconduct, incapacity, neglect of duty, or missing 4 Board meetings during any one calendar year.

(d) (Blank). A majority of the Board members currently appointed shall constitute a quorum. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of the Board.

(e) (Blank). The Board shall meet at least quarterly and may be convened by the Chairperson, Co-Chairperson, or 3 members of the Board upon 10 days written notice.

(f) (Blank). The Board shall, annually at the first meeting of the fiscal year, elect a Chairperson and Vice-Chairperson from its members. The Chairperson shall preside over the meetings and shall coordinate with the Director in developing and distributing an agenda for each meeting. In the absence of the Chairperson, the Co-Chairperson shall preside over the meeting.

(g) (Blank). The Director of the Real Estate Appraisal Division shall serve as a member of the Board without vote.

(h) (Blank). The Board shall advise and make recommendations to OBRE on matters of licensing and education. OBRE shall give due consideration to all recommendations presented by the Board.

(i) (Blank). The Board shall hear and make recommendations to the Commissioner on disciplinary matters that require a formal evidentiary hearing. The Commissioner shall give due consideration to the recommendations of the Board involving discipline and questions involving standards of professional conduct of licensees.

(j) (Blank). The Board may make recommendations to OBRE consistent with the provisions of this Act and for the administration and enforcement of the rules adopted pursuant to this Act. OBRE shall give due consideration to the recommendations of the Board prior to adopting rules.

(k) (Blank). The Board shall make recommendations to OBRE on the approval of courses submitted to OBRE pursuant to this Act and the rules adopted pursuant to this Act. OBRE shall give due consideration to the recommendations of the Board prior to approving and licensing courses.

(l) (Blank). Each voting member of the Board shall receive a per diem stipend in an amount to be determined by the Commissioner. Each member shall be paid his or her necessary expenses while engaged in the performance of his or her duties.

(m) (Blank). Members of the Board shall be immune from suit in an action based upon any disciplinary proceedings or other acts performed in good faith as members of the Board.

(n) Members of the Board shall be paid a per diem, subsistence, and travel allowances; provided that none of the expenses of the Board or the compensation or expenses of any officer or employee thereof shall be payable out of the treasury of the State of Illinois; the total expenses of the administration of this Act shall not exceed the total income therefrom; and neither the Board nor any officer or employee thereof shall have any power or authority to make or incur any expense, debt, or other financial obligation binding upon the State of Illinois.

(o) The Board shall adopt a seal for its use, which shall bear thereon the words "Illinois Appraisal Board". Copies of all papers in the office of the Board duly certified and authenticated by the seal of the Board shall be received in evidence in all courts and administrative bodies and with like effect as the originals.

(p) The Board may employ an Executive Director and professional and clerical staff as may be necessary to carry out the provisions of this Act and to put into effect the rules that the Board may promulgate. The Board shall fix salaries. The Board shall have the authority to issue to its employees credentials or other means of identification.

(q) The Board shall be entitled to the services of the Attorney General in connection with the affairs of the Board or may, in its discretion, employ an attorney to assist or represent it in the enforcement of this Act.

(r) The Board may refer a complaint for violation of this Act before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal offices of the State to enforce the provisions of this Act.

(s) The Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to the approval of the Governor. Collateral pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board.

(t) The Board may purchase, rent, or lease equipment and supplies and purchase liability insurance or other insurance to cover the activities of the Board, its operations, or its employees.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-20) (was 225 ILCS 458/10-5)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-20 10-5. Scope of practice.

(a) This Act does not limit a State certified general real estate appraiser in his or her scope of practice in a federally related transaction. A certified general real estate appraiser may independently provide appraisal services, review, or consulting relating to any type of property for which he or she has experience and is competent. All such appraisal practice must be made in accordance with the provisions of USPAP, criteria established by the AQB, and the rules adopted after approval by the Board pursuant to this Act.

(b) A State certified residential real estate appraiser is limited in his or her scope of practice in a federally related transaction as provided by Title XI, the provisions of USPAP, criteria established by the AQB, and the rules adopted after approval by the Board pursuant to this Act.

(c) (Blank). A State licensed real estate appraiser is limited in his or her scope of practice in a federally related transaction as provided by Title XI, the provisions of USPAP, criteria established by the AQB, and the rules adopted pursuant to this Act. No State licensed real estate appraiser license shall be issued on or after September 30, 2003 under this Act.

(d) An associate real estate appraiser is limited in his or her scope of practice in all transactions in accordance with USPAP, this Act, and the rules adopted after approval by the Board pursuant to this Act. In addition, an associate real estate appraiser shall be required to have a State certified general real estate appraiser or State certified residential real estate appraiser who holds a valid license under this Act to co-sign all appraisal reports.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-25) (was 225 ILCS 458/10-10)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-25 10-10. Standards of practice. All persons licensed under this Act must comply with standards of professional appraisal practice as approved and adopted by the Board. The Board shall consider for adoption OBRE. OBRE must adopt, as part of its rules, the Uniform Standards of Professional Appraisal Practice as published from time to time by the Appraisal Standards Board of the Appraisal Foundation. The Board OBRE shall consider federal laws and regulations regarding the licensure of real estate appraisers prior to adopting its rules for the administration of this Act.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-30) (was 225 ILCS 458/5-20, 458/5-15,

458/5-10)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-30 5-20. Qualifications for State registration, licensure, and certification; applications; application fees; examinations Application for associate real estate appraiser.

(a) Any person desiring to be registered as a trainee or to obtain certification as a State certified real estate appraiser shall make written application to the Board on forms prescribed by the Board that set forth the applicant's qualifications for registration, licensure, or certification. Each applicant shall satisfy the following qualification requirements:

(1) Application for associate real estate appraiser. (a) Every person who desires to obtain an associate real estate appraiser license shall:

(A) (1) apply to the Board OBRE on forms provided by the Board OBRE accompanied by the required fee;

(B) (2) be at least 18 years of age;

(C) (3) provide evidence of having attained a high school diploma or completed an equivalent course of study as determined by an examination conducted or accepted by the Illinois State Board of Education;

(D) (4) personally take and pass an examination authorized by the Board OBRE and endorsed by the AQB; and

(E) (5) prior to taking the examination, provide evidence to the Board OBRE that he or she has successfully completed the prerequisite classroom hours of instruction in appraising as established by rule.

(b) A person who holds a valid license as a licensed real estate appraiser, issued pursuant to a predecessor Act, may convert that license to an associate real estate appraiser license by making application to OBRE on forms provided by OBRE accompanied by the required fee.

(2) Sec. 5-15. Application for State certified residential real estate appraiser. Every person who desires to obtain a State certified residential real estate appraiser license shall:

(A) (1) apply to the Board OBRE on forms provided by the Board OBRE accompanied by the required fee;

(B) (2) be at least 18 years of age;

(C) (3) provide evidence of having attained a high school diploma or completed an equivalent course of study as determined by an examination conducted or accepted by the Illinois State Board of Education; beginning January 1, 2008, applicants must provide evidence of meeting the criteria adopted by the AQB in February 2004;

(D) (4) personally take and pass an examination authorized by the Board OBRE and endorsed by the AQB;

(E) (5) prior to taking the examination, provide evidence to the Board OBRE that he or she has successfully completed the prerequisite classroom hours of instruction in appraising as established by the AQB and by rule; and

(F) (6) prior to taking the examination, provide evidence to the Board OBRE that he or she has successfully completed the prerequisite experience requirements as established by AQB and by rule.

(3) Sec. 5-10. Application for State certified general real estate appraiser. Every person who desires to obtain a State certified general real estate appraiser license shall:

(A) (1) apply to the Board OBRE on forms provided by the Board OBRE accompanied by the required fee;

(B) (2) be at least 18 years of age;

(C) (3) provide evidence of having attained a high school diploma or completed an equivalent course of study as determined by an examination conducted or accepted by the Illinois State Board of Education; beginning January 1, 2008, applicants must provide evidence of meeting the criteria adopted by the AQB in February 2004;

(D) (4) personally take and pass an examination authorized by the Board OBRE and endorsed by the AQB;

(E) (5) prior to taking the examination, provide evidence to the Board OBRE that he or she has successfully completed the prerequisite classroom hours of instruction in appraising as established by the AQB and by rule; and

(F) (6) prior to taking the examination, provide evidence to the Board OBRE that he or she has successfully completed the prerequisite experience requirements in appraising as established by AQB and by rule.

(b) Each application for registration as an appraisal associate or certification as a real estate appraiser shall be accompanied by a fee to be set by rule, plus any additional fee as may be necessary to defray the cost of any competency examination administered by a private testing service.

(c) Any person who files with the Board an application for State registration, licensure, or certification as a real estate appraiser shall be required to pass an examination to demonstrate the person's competence. The Board shall also make an investigation as it deems necessary into the background of the applicant to determine the applicant's qualifications with due regard to the paramount interest of the public as to the applicant's competency, honesty, truthfulness, and integrity. In addition, the Board may investigate and consider whether the applicant has had any disciplinary action taken against any other professional license in Illinois or any other state, or if the applicant has committed or done any act which, if committed or done by any real estate trainee or appraiser, would be grounds under the provisions hereinafter set forth for disciplinary action including the suspension or revocation of registration, licensure, or certification, or whether the applicant has been convicted of or pleaded guilty to any criminal act. If the results of the investigation shall be satisfactory to the Board, and the applicant is otherwise qualified, then the Board shall issue to the applicant a trainee registration, license, or certificate authorizing the applicant to act as a registered trainee real estate appraiser or a State certified real estate appraiser in this State.

(d) If the applicant has not affirmatively demonstrated that the applicant meets the requirements for registration, licensure, or certification, action on the application will be deferred pending a hearing before the Board.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-35) (was 225 ILCS 458/5-25)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-35 5-25. Renewal of license.

(a) The expiration date and renewal period for a State certified general real estate appraiser license or a State certified residential real estate appraiser license issued under this Act shall be set by rule. Except as otherwise provided in subsections (b) and (f) of this Section, the holder of a license may renew the license within 90 days preceding the expiration date by:

(1) completing and submitting to the Board OBRE a renewal application form as provided by the Board OBRE;

(2) paying the required fees; and

(3) providing evidence of successful completion of the continuing education requirements through courses approved by the Board OBRE from education providers approved and licensed by the Board OBRE, as established by the AQB and by rule.

(b) A State certified general real estate appraiser or State certified residential real estate appraiser whose license under this Act has expired may renew the license for a period of 2 years following the expiration date by complying with the requirements of paragraphs (1), (2), and (3) of subsection (a) of this Section and paying any late penalties established by rule.

(c) (Blank). A State licensed real estate appraiser's license issued pursuant to a predecessor Act shall continue in effect until the earlier of its expiration date or September 30, 2003. The holder of such a license may not renew the license for any period after September 30, 2003, but may convert the license to an associate real estate appraiser license under this Act until September 30, 2003 pursuant to subsection (b) of Section 5-20 of this Act.

(d) The expiration date and renewal period for an associate real estate appraiser license issued under this Act shall be set by rule. Except as otherwise provided in subsections (e) and (f) of this Section, the holder of an associate real estate appraiser license may renew the license within 90 days preceding the expiration date by:

(1) completing and submitting to the Board OBRE a renewal application form as provided by the Board OBRE;

(2) paying the required fees; and

(3) providing evidence of successful completion of the continuing education requirements through courses approved by the Board OBRE from education providers approved and licensed by the Board OBRE, as established by rule.

(e) Any associate real estate appraiser whose license under this Act has expired may renew the license for a period of 2 years following the expiration date by complying with the requirements of paragraphs (1), (2), and (3) of subsection (d) of this Section and paying any late penalties as established by rule.

(f) Notwithstanding subsection subsections (c) and (e), an appraiser whose license under this Act has expired may renew or convert the license without paying any lapsed renewal fees or late penalties if the license expired while the appraiser was:

(1) on active duty with the United States Armed Services;

(2) serving as the Director of Real Estate Appraisal or an employee of the Board OBRE who was required to surrender his or her license during the term of employment.

Application for renewal must be made within 2 years following the termination of the military service or related education, training, or employment. The licensee shall furnish the Board OBRE with an affidavit that he or she was so engaged.

(g) The Board OBRE shall provide reasonable care and due diligence to ensure that each licensee under this Act is provided with a renewal application at least 90 days prior to the expiration date, but each licensee is responsible to timely renew or convert his or her license prior to its expiration date.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-40) (was 225 ILCS 458/5-35)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-40 5-35. Pre-license education requirements.

(a) The prerequisite classroom hours necessary for a person to be approved to sit for the examination for licensure as a State certified general real estate appraiser or a State certified residential real estate appraiser shall be in accordance with AQB criteria and established by rule, with consideration given to AQB criteria.

(b) The prerequisite classroom hours necessary for a person to sit for the examination for licensure as an associate real estate appraiser shall be established by rule after approval by the Board.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-45 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-45. Pre-license experience requirements. The prerequisite experience necessary for a person to be approved to sit for the examination for licensure as a State certified general real estate appraiser or a State certified residential real estate appraiser shall be established by rule, after Board approval, with consideration given to AQB criteria.

(225 ILCS 458/1-50) (was 225 ILCS 458/5-45)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-50 5-45. Continuing education renewal requirements.

(a) The continuing education requirements for a person to renew a license as a State certified general real estate appraiser or a State certified residential real estate appraiser shall be in accordance with AQB criteria and established by rule, after Board approval, with consideration given to AQB criteria.

(b) The continuing education requirements for a person to renew a license as an associate real estate appraiser shall be established by rule, after Board approval.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-55 new) (was 225 ILCS 458/5-50)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-55 5-50. Temporary practice permits. A nonresident appraiser who holds a valid appraiser license in another state, territory, possession of the United States, or the District of Columbia may be granted a temporary practice permit to practice as an appraiser in the State of Illinois upon making an application and paying the applicable fees pursuant to Appraisal Subcommittee policy statements and as established by rule.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-60) (was 225 ILCS 458/5-55)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-60 5-55. Fees. The Board OBRE shall establish rules for fees to be paid by applicants and licensees to cover the reasonable costs of the Board OBRE in administering and enforcing the provisions of this Act. The Board OBRE may also establish rules for general fees to cover the reasonable expenses of carrying out other functions and responsibilities under this Act.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-65) (was 225 ILCS 458/10-20)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-65 10-20. Retention of records. A person licensed under this Act shall retain the original copy of all written contracts engaging his or her services as an appraiser and all appraisal reports, including any supporting data used to develop the appraisal report, for a period of 5 years or 2 years after the final disposition of any judicial proceeding in which testimony was given, whichever is longer. In addition, a person licensed under this Act shall retain contracts, logs, and appraisal reports used in meeting pre-license experience requirements for a period of 5 years.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-70 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-70. Education program approval and fees. The Board may by rule prescribe minimum standards and fees for the approval and renewal of approval of schools and other course sponsors and their instructors to conduct appraiser pre-licensing and pre-certification courses. These standards may address subject matter, program structuring, instructional materials, requirements for satisfactory course completion, instructors' qualifications, and other related matters relevant to the provision of the courses in a manner that best serves the public interest.

(225 ILCS 458/1-75) (was 225 ILCS 458/20-5)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-75 20-5. Education providers.

(a) Beginning July 1, 2002, only education providers approved and licensed by the Board OBRE may provide the pre-license and continuing education courses required for licensure under this Act.

(b) A person or entity seeking to be licensed as an education provider under this Act shall provide satisfactory evidence of the following:

(1) a sound financial base for establishing, promoting, and delivering the necessary courses;

(2) a sufficient number of qualified instructors;

(3) adequate support personnel to assist with administrative matters and technical assistance;

(4) a written policy dealing with procedures for management of grievances and fee refunds;

(5) a qualified administrator, who is responsible for the administration of the education provider, courses, and the actions of the instructors; and

(6) any other requirements as provided by rule.

(c) All applicants for an education provider's license shall make initial application to the Board on forms approved and provided by the Board OBRE on forms provided by OBRE and pay the appropriate fee as provided by rule. The term, expiration date, and renewal of an education provider's license shall be established by rule.

(d) An education provider shall provide each successful course participant with a certificate of completion signed by the school administrator. The format and content of the certificate shall be specified by rule.

(e) All education providers shall provide to the Board OBRE a monthly roster of all successful course participants as provided by rule.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-80) (was 225 ILCS 458/20-10)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-80 20-10. Course approval.

(a) Only courses offered by licensed education providers and approved by the Board OBRE shall be used to meet the requirements of this Act and rules.

(b) An education provider licensed under this Act may submit courses to the Board OBRE for approval. The criteria, requirements, and fees for courses shall be established by rule in accordance with this Act, Title XI, and the criteria established by the AQB.

(c) For each course approved, the Board OBRE shall issue a license to the education provider. The term, expiration date, and renewal of a course approval shall be established by rule.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-85 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-85. Rulemaking authority. The Board may adopt rules not inconsistent with the provisions of this Act and the laws of Illinois that are reasonably necessary to implement, administer, and enforce the provisions of this Act, including, but not limited to, the authority to:

(1) prescribe forms and procedures for submitting information to the Board;

(2) prescribe standards of practice for persons registered as an appraisal associate, a certified residential appraiser, or a certified general appraiser under this Act; and

(3) prescribe standards for the operation of real estate appraiser education programs.

(225 ILCS 458/1-90 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-90. Register of applicants; roster of associate appraisers, State certified residential appraisers, and State certified general appraisers; financial report to Secretary of State; administrative expenses.

(a) The Executive Director of the Board shall keep a register of all applicants for State trainee registration or for State certification as a real estate appraiser, showing, for each, the date of application, name, business or residence address, and whether the registration, license, or certificate was granted or refused. The register shall be prima facie evidence of all matters received therein.

(b) The Executive Director of the Board shall also keep a current roster showing the names and places of business of all registered trainees and State certified real estate appraisers, which shall be kept on file in the office of the Board and be open to public inspection.

(c) On or before November 1 of each year, the Board shall file with the Secretary of State a copy of the roster of registered trainees and real estate appraisers certified by the Board and a report containing a complete statement of income received by the Board in connection with the licensing of associate appraisers and the certification of appraisers for the preceding fiscal year ending June 30th, attested by the affidavit of the Executive Director of the Board.

(d) In addition to those fees prescribed in this Act for making application for and renewing trainee registrations, appraiser licenses, and certificates, the Board may collect from applicants and holders of the licenses and certificates and remit to the appropriate agency or instrumentality of the federal government any additional fees as may be required to render State certified appraisers eligible to perform appraisals in connection with federally related transactions.

(225 ILCS 458/1-95) (was 225 ILCS 458/25-15)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-95 25-15. Executive Director of the Appraisal Board Director of the Real Estate Appraisal Division; appointment; duties. The Board shall appoint an Executive Director. As of January 1, 2006, the Executive Director must hold a current, valid certified general real estate certificate, which shall be surrendered to the Board during the term of his or her appointment. The Executive Director must have completed the 30-hour National Instructors Course on Uniform Standards of Professional Appraisal Practice. The Director's certificate shall be returned in the same status as it was on the date of surrender, credited with all fees and continuing education requirements that came due during the Director's employment. The Executive Director Commissioner shall appoint a Director of the Real Estate Appraisal Division for a term of 4 years. The Director shall hold a valid State certified general real estate appraiser or State certified residential real estate appraiser license, which shall be surrendered to OBRE during the term of his or her appointment. The Director of the Real Estate Appraisal Division shall:

(1) serve as a member of the Real Estate Appraisal Board without vote;

(2) be a the direct liaison between the Board OBRE, the profession, and the real estate appraisal industry organizations and associations;

(3) prepare and circulate to licensees such educational and informational material as the Board OBRE deems necessary for providing guidance or assistance to licensees;

(4) appoint necessary committees to assist in the performance of the functions and duties of the Board OBRE under this Act; and

(5) subject to the administrative approval of the Commissioner, supervise the staff Real Estate Appraisal Division.

In appointing the Executive Director, the Board Director of the Real Estate Appraisal Division, the Commissioner shall give due consideration to members, organizations, and associations of the real estate appraisal industry.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-100 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-100. Disciplinary action by Board.

(a) The Board may take disciplinary action against registered trainees and State certified real estate appraisers. Upon its own motion or the complaint of any person, the Board may investigate the actions of any person registered as a trainee or certified as a real estate appraiser under this Act, any person who performs appraisals without an appropriate registration, license, or certificate, or any person who holds himself or herself out to be registered as a trainee or certified as a real estate appraiser when the person holds no registration, license, or certificate. If the Board finds probable cause to believe that a person registered as a trainee or certified as a real estate appraiser under this Act has violated any of the provisions of this Act, the Board may hold a hearing on the allegations of misconduct. The Board may suspend or revoke the registration, license, or certificate granted to any person under the provisions of this Act or reprimand any registered trainee, licensee, or certificate holder if, following a hearing or by consent, the Board finds the registered trainee, licensee, or certificate holder to have done any of the following:

(1) Procured registration, licensure, or certification pursuant to this Act by making a false or fraudulent representation.

(2) Made any willful or negligent misrepresentation or any willful or negligent omission of material fact.

(3) Accepted an appraisal assignment when the employment is contingent upon the appraiser reporting a predetermined result, analysis, or opinion, or when the fee to be paid for the performance of the appraisal assignment is contingent upon the opinion, conclusion, or valuation reached or upon consequences resulting from the appraisal assignment.

(4) Acted or held himself or herself out as a registered trainee or a State certified real estate appraiser when not so registered or certified.

(5) Failed, as a State certified real estate appraiser, to actively and personally supervise any person not licensed or certified under this Act who assists the State certified real estate appraiser in performing real estate appraisals.

(6) Failed to make available to the Board for its inspection without prior notice, originals or true copies of all written contracts engaging the person's services to appraise real property and all reports and supporting data assembled and formulated by the appraiser in preparing the reports.

(7) Paid a fee or valuable consideration to any person for acts or services performed in violation of this Act.

(8) Acted as a real estate appraiser in an unworthy or incompetent manner as to endanger the interest of the public.

(9) Violated any of the standards of practice for real estate appraisers or any other rule promulgated by the Board.

(10) Performed any other act that constitutes improper, fraudulent, or other dishonest conduct.

(11) Violated any of the provisions of this Act.

The Executive Director of the Board shall transmit a certified copy of all final orders of the Board suspending or revoking registrations, licenses, or certificates issued under this Act to the clerk of the circuit court of the county in which the licensee or certificate holder maintains the person's principal place of business.

(b) Following a hearing, or by consent, the Board may also suspend or revoke any registration, license, or certificate issued under the provisions of this Act or reprimand any registered associate appraiser or certificate holder when:

(1) The registered associate appraiser or certificate holder has been convicted of or has entered a plea of guilty or no contest upon which final judgment is entered by a court of competent jurisdiction in this State, or any other state, to an offense which involves moral turpitude, in which an essential element is dishonesty, fraud, or deceit, or which, in the discretion of the Board, would reasonably affect the performance of the registered trainee, licensee, or certificate holder in the real estate appraisal business;

(2) A final civil judgment has been entered against the registered associate appraiser or certificate holder on grounds of fraud, misrepresentation, or deceit in the making of any appraisal of real estate;

(3) The associate appraiser or certificate holder has violated any of the provisions of this Act when appraising his own property;

(4) The associate appraiser or certificate holder has had a real estate trainee registration or its equivalent, real estate appraiser license, or real estate appraiser certification suspended, revoked, or denied by a real estate licensing board in another state;

(5) The associate appraiser or certificate holder has had any disciplinary action taken against any other professional license in Illinois or any other state;

(6) The associate appraiser or certificate holder has been adjudged mentally incompetent by a court; or

(7) The associate appraiser or certificate holder performs any of the duties of a real estate appraiser, including, but not limited to, site inspection and public records checks, while impaired by alcohol or drugs.

If any of the actions taken in subdivision (1), (2), (4), (5), or (6) of this subsection (b) are taken against an associate appraiser or certificate holder, the trainee, licensee, or certificate holder must report such actions within 60 days of the final judgment or final order in the case.

(c) When a person registered as an associate appraiser or certified as a real estate appraiser under this Act is accused of any act, omission, or misconduct which would subject the person to disciplinary action, the registered trainee, licensee, or certificate holder, with the consent and approval of the Board, may surrender his or her registration, license, or certificate and all the rights and privileges pertaining to it for a period of time established by the Board. A person who surrenders his or her registration, license, or certificate shall not thereafter be eligible for or submit any application for registration, licensure, or certification as a real estate appraiser during the period that the registration, license, or certificate is surrendered.

(d) The Board shall have the power to issue subpoenas requiring the attendance of persons and the production of papers and records before the Board in any hearing, investigation, inquiry, or other proceeding conducted by it. Upon the production of any papers, records, or documents, the Board shall have the power to authorize true copies thereof to be substituted in the permanent record of the matter in which the books, records, or documents shall have been introduced in evidence.

(225 ILCS 458/1-105) (was 225 ILCS 458/15-10)

(Section scheduled to be repealed on January 1, 2012)

Sec. 15-10. Investigations and complaints Grounds for disciplinary action.

(a) The Board may dismiss a complaint, accept a consent order, or hold a hearing, or may accept a voluntary surrender of a registration, license, or certificate or of approval as a course sponsor. The Office of Banks and Real Estate may suspend, revoke, refuse to issue or renew a license and may reprimand place on probation or administrative supervision, or otherwise discipline a licensee, including imposing conditions limiting the scope, nature, or extent of the real estate appraisal practice of a licensee or reducing the appraisal rank of a licensee, and may impose a civil penalty not to exceed $10,000 upon a licensee for one or any combination of the following:

(1) Procuring or attempting to procure a license by knowingly making a false statement, submitting false information, engaging in any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.

(2) Failing to meet the minimum qualifications for licensure as an appraiser established by this Act.

(3) Paying money, other than for the fees provided for by this Act, or anything of value to a member or employee of the Board or Office of Banks and Real Estate to procure licensure under this Act.

(4) Being convicted of any crime, an essential element of which is dishonesty, fraud, theft, or embezzlement, or obtaining money, property, or credit by false pretenses, or any other crime that is reasonably related to the practice of real estate appraisal or a conviction in any state or federal court of any felony.

(5) Committing an act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the licensee or another person or with intent to substantially injure another person as defined by rule.

(6) Violating a provision or standard for the development or communication of real estate appraisals as provided in Section 10-10 of this Act or as defined by rule.

(7) Failing or refusing without good cause to exercise reasonable diligence in developing, reporting, or communicating an appraisal, as defined by this Act or by rule.

(8) Violating a provision of this Act or the rules adopted pursuant to this Act.

(9) Having been disciplined by another state, the District of Columbia, a territory, a foreign nation, a governmental agency, or any other entity authorized to impose discipline if at least one of the grounds for that discipline is the same as or the equivalent of one of the grounds for which a licensee may be disciplined under this Act.

(10) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.

(11) Accepting an appraisal assignment when the employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, conclusion, or valuation reached or upon the consequences resulting from the appraisal assignment.

(12) Developing valuation conclusions based on the race, color, religion, sex, national origin, ancestry, age, marital status, family status, physical or mental handicap, or unfavorable military discharge, as defined under the Illinois Human Rights Act, of the prospective or present owners or occupants of the area or property under appraisal.

(13) Violating the confidential nature of government records to which the licensee gained access through employment or engagement as an appraiser by a government agency.

(14) Being adjudicated liable in a civil proceeding on grounds of fraud, misrepresentation, or deceit. In a disciplinary proceeding based upon a finding of civil liability, the appraiser shall be afforded an opportunity to present mitigating and extenuating circumstances, but may not collaterally attack the civil adjudication.

(15) Being adjudicated liable in a civil proceeding for violation of a state or federal fair housing law.

(16) Engaging in misleading or untruthful advertising or using a trade name or insignia of membership in a real estate appraisal or real estate organization of which the licensee is not a member.

(17) Failing to fully cooperate with an OBRE investigation by knowingly making a false statement, submitting false or misleading information, or refusing to provide complete information in response to written interrogatories or a written request for documentation within 30 days of the request.

(18) Failing to include within the certificate of appraisal for all written appraisal reports the appraiser's license number and licensure title. All appraisers providing significant contribution to the development and reporting of an appraisal must be disclosed in the appraisal report. It is a violation of this Act for an appraiser to sign a report, transmittal letter, or appraisal certification knowing that a person providing a significant contribution to the report has not been disclosed in the appraisal report.

(b) The Office of Banks and Real Estate may reprimand suspend, revoke, or refuse to issue or renew an education provider's license, may reprimand, place on probation, or otherwise discipline an education provider and may suspend or revoke the course approval of any course offered by an education provider and may impose a civil penalty not to exceed $10,000 upon an education provider, for any of the following:

(1) Procuring or attempting to procure licensure by knowingly making a false statement, submitting false information, engaging in any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.

(2) Failing to comply with the covenants certified to on the application for licensure as an education provider.

(3) Committing an act or omission involving dishonesty, fraud, or misrepresentation or allowing any such act or omission by any employee or contractor under the control of the provider.

(4) Engaging in misleading or untruthful advertising.

(5) Failing to retain competent instructors in accordance with rules adopted under this Act.

(6) Failing to meet the topic or time requirements for course approval as the provider of a pre-license curriculum course or a continuing education course.

(7) Failing to administer an approved course using the course materials, syllabus, and examinations submitted as the basis of the course approval.

(8) Failing to provide an appropriate classroom environment for presentation of courses, with consideration for student comfort, acoustics, lighting, seating, workspace, and visual aid material.

(9) Failing to maintain student records in compliance with the rules adopted under this Act.

(10) Failing to provide a certificate, transcript, or other student record to OBRE or to a student as may be required by rule.

(11) Failing to fully cooperate with an OBRE investigation by knowingly making a false statement, submitting false or misleading information, or refusing to provide complete information in response to written interrogatories or a written request for documentation within 30 days of the request. (c) In appropriate cases, the Board OBRE may resolve a complaint against a licensee through the issuance of a Consent to Administrative Supervision order. A licensee subject to a Consent to Administrative Supervision order shall be considered by the Board OBRE as an active licensee in good standing. This order shall not be reported or considered by the Board OBRE to be a discipline of the licensee. The records regarding an investigation and a Consent to Administrative Supervision order shall be considered confidential and shall not be released by the Board OBRE except as mandated by law. A complainant shall be notified if his or her complaint has been resolved by a Consent to Administrative Supervision order.

(b) Records, papers, and other documents containing information received, collected, or compiled by the Board, its members, or its employees, as a result of a complaint or investigation, shall not be considered public records. Any statement of charges contained within a notice of a hearing to be held by the Board is a public record, even though it may contain information collected and compiled as a result of a complaint or investigation against a trainee, licensee, or certificate holder or an applicant. Any record, paper, or other document admitted into evidence in a hearing held by the Board, and any final decisions and orders by the Board, including consent orders, shall be public records.

(c) The Board may inspect records maintained pursuant to this Act periodically, without prior notice, and may also inspect these records whenever the Board determines that they are pertinent to an investigation of any specific complaint against a person registered, licensed, or certified by the Board.

(Source: P.A. 92-180, eff. 7-1-02.)

(225 ILCS 458/1-110 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-110. Penalty for violation of this Act.

(a) Any person who acts as, or holds himself or herself out to be, a registered trainee or a State certified real estate appraiser without first obtaining a registration, license, or certificate as provided in this Act or who willfully performs any acts specified in this Act without first obtaining a registration, license, or certificate as provided in this Act is guilty of a Class A misdemeanor.

(b) The Board may appear in its own name in circuit court in actions for injunctive relief to prevent any person from violating the provisions of this Act or the rules promulgated by the Board. The circuit court shall have the power to grant these injunctions whether or not criminal prosecution has been or may be instituted as a result of the violations, and whether or not the person is the holder of a registration, license, or certificate issued by the Board under this Act.

(225 ILCS 458/1-115 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-115. Referral of cases by courts. Whenever any registered associate appraiser or certificate holder is adjudged by a civil or criminal court to have injured or damaged any person, partnership, association, or corporation through gross negligence, incompetence, fraud, dishonesty, or other civil or criminal misconduct, the court may, as part of its judgment or decree, order a written copy of the transcript of the record in said case to be forwarded by the clerk of court to the Board with a recommendation that the registration, license, or certificate of the registered trainee, licensee, or certificate holder be revoked or otherwise subject to disciplinary action.

(225 ILCS 458/1-120 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 1-120. Illinois Appraisal Fund; surcharge. The Illinois Appraisal Fund is created as a special fund in the State Treasury. All fees, fines, and penalties received by the Board under this Act shall be deposited into the Illinois Appraisal Fund. All earnings attributable to investment of funds in the Appraisal Administration Fund shall be credited to the Illinois Appraisal Fund. Subject to appropriation, the moneys in the Illinois Appraisal Fund shall be paid to the Board for the expenses incurred by the Board in the administration of this Act.

Upon the completion of any audit of the Board, as prescribed by the Illinois State Auditing Act, which shall include an audit of the Illinois Appraisal Fund, the Board shall make the audit report open to inspection by any interested person.

(225 ILCS 458/Art. 2 heading new)

ARTICLE 2. SAVINGS PROVISIONS

(Scheduled to be repealed on January 1, 2012)

(225 ILCS 458/2-5 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 2-5. Transfer of authority.

(a) This Act is intended to replace the Real Estate Appraiser Licensing Act of 2002 in all respects.

(b) Beginning on the effective date of this amendatory Act of the 94th General Assembly, the rights, powers, and duties exercised by the Office of Banks and Real Estate under the Real Estate Appraiser Licensing Act of 2002 shall continue to be vested in, to be the obligation of, and to be exercised by the Illinois Appraisal Board under the provisions of this Act.

(c) This Act does not affect any act done, ratified, or cancelled, any right occurring or established, or any action or proceeding commenced in an administrative, civil, or criminal cause before the effective date of this amendatory Act of the 94th General Assembly by the Office of Banks and Real Estate under the Real Estate Appraiser Licensing Act of 2002. Those actions or proceedings may be prosecuted and continued by the Division of Banks and Real Estate of the Department of Financial and Professional Regulation under this Act.

(d) This Act does not affect any license, certificate, permit, or other form of licensure issued by the Office of Banks and Real Estate under the Real Estate Appraiser Licensing Act of 2002, except as provided in this Act. All such licenses, certificates, permits, or other form of licensure shall continue to be valid under the terms and conditions of this Act.

(e) The rules adopted by the Office of Banks and Real Estate relating to the Real Estate Appraiser Licensing Act of 2002, unless inconsistent with the provisions of this Act, are not affected by this Act, and on the effective date of this amendatory Act of the 94th General Assembly, those rules become rules under this Act. The Illinois Appraisal Board shall, as soon as practicable, adopt new or amended rules consistent with the provisions of this Act.

(f) This Act does not affect any discipline, suspension, or termination that has occurred under the Real Estate Appraiser Licensing Act of 2002 or other predecessor Act. Any action for discipline, suspension, or termination instituted under the Real Estate Appraiser Licensing Act of 2002 shall be continued under this Act.

(225 ILCS 458/1-5 rep.)

(225 ILCS 458/Art. 5 heading rep.)

(225 ILCS 458/5-5 rep.)

(225 ILCS 458/5-30 rep.)

(225 ILCS 458/5-40 rep.)

(225 ILCS 458/Art. 10 heading rep.)

(225 ILCS 458/10-15 rep.)

(225 ILCS 458/Art. 15 heading rep.)

(225 ILCS 458/15-5 rep.)

(225 ILCS 458/15-15 rep.)

(225 ILCS 458/15-20 rep.)

(225 ILCS 458/15-30 rep.)

(225 ILCS 458/15-35 rep.)

(225 ILCS 458/15-40 rep.)

(225 ILCS 458/15-45 rep.)

(225 ILCS 458/15-50 rep.)

(225 ILCS 458/15-55 rep.)

(225 ILCS 458/15-60 rep.)

(225 ILCS 458/Art. 20 heading rep.)

(225 ILCS 458/Art. 25 heading rep.)

(225 ILCS 458/25-5 rep.)

(225 ILCS 458/25-20 rep.)

(225 ILCS 458/25-25 rep.)

(225 ILCS 458/25-30 rep.)

(225 ILCS 458/30-10 rep.)

Section 15. The Real Estate Appraiser Licensing Act of 2002 is amended by repealing Section 1-5, the heading of Article 5 and Sections 5-5, 5-30, and 5-40, the heading of Article 10 and Section 10-15, the heading of Article 15 and Sections 15-5, 15-15, 15-20, 15-30, 15-35, 15-40, 15-45, 15-50, 15-55, and 15-60, the heading of Article 20, the heading of Article 25 and Sections 25-5, 25-20, 25-25, and 25-30, and Section 30-10.