Illinois General Assembly - Full Text of SB3275
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Full Text of SB3275  99th General Assembly

SB3275eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Community Association Manager Licensing and
5Disciplinary Act is amended by changing Sections 15, 45, 50,
660, and 85 as follows:
 
7    (225 ILCS 427/15)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 15. License required. It shall be unlawful for any
10person, corporation, partnership, limited liability company,
11or other entity to provide community association management
12services, provide services as a community association manager,
13or hold himself, herself, or itself out as a community
14association manager or community association management firm
15to any community association in this State, unless he, she, or
16it holds a current and valid license issued licensed by the
17Department or is otherwise exempt from licensure under this
18Act.
19(Source: P.A. 98-365, eff. 1-1-14.)
 
20    (225 ILCS 427/45)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 45. Examinations.

 

 

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1    (a) The Department shall authorize examinations of
2applicants for licensure as a community association manager at
3such times and places as it may determine. The examination of
4applicants shall be of a character to give a fair test of the
5qualifications of the applicant to practice as a community
6association manager.
7    (b) Applicants for examination shall be required to pay,
8either to the Department or the designated testing service, a
9fee covering the cost of providing the examination.
10    (c) The Department may employ consultants for the purpose
11of preparing and conducting examinations.
12    (d) An applicant shall be eligible to take the examination
13only after successfully completing the education requirements
14set forth in this Act and attaining the minimum age required
15under this Act.
16    (e) The examination approved by the Department should
17utilize the basic principles of professional testing standards
18utilizing psychometric measurement. The examination shall use
19standards set forth by the National Organization for Competency
20Assurances and shall be approved by the Department.
21(Source: P.A. 96-726, eff. 7-1-10.)
 
22    (225 ILCS 427/50)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 50. Community association management firm.
25    (a) No corporation, partnership, limited liability

 

 

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1company, or other legal entity shall provide or offer to
2provide community association management services, unless it
3has applied in writing on the prescribed forms and has paid the
4required nonrefundable fees and provided evidence to the
5Department that the firm has designated a licensed supervising
6community association manager to supervise and manage the firm.
7A designated supervising community association manager shall
8be a continuing requirement of firm licensure. No supervising
9community association manager may be the supervising community
10association manager for more than one firm.
11    (b) Any corporation, partnership, limited liability
12company, or other legal entity that is providing, or offering
13to provide, community association management services and is
14not in compliance with Section 50 and other provisions of this
15Act shall be subject to the fines, injunctions, cease and
16desist provisions, and penalties provided for in Sections 90,
1792, and 155 of this Act.
18    (c) No supervisory community association manager may be the
19designated supervisory community association manager
20licensee-in-charge for more than one firm, corporation,
21limited liability company, or other legal entity.
22(Source: P.A. 98-365, eff. 1-1-14.)
 
23    (225 ILCS 427/60)
24    (Section scheduled to be repealed on January 1, 2020)
25    Sec. 60. Licenses; renewals; restoration; person in

 

 

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1military service.
2    (a) The expiration date and renewal period for each license
3issued under this Act shall be set by rule. The Department may
4promulgate rules requiring continuing education and set all
5necessary requirements for such, including but not limited to
6fees, approved coursework, number of hours, and waivers of
7continuing education.
8    (b) Any licensee who has permitted his, her, or its license
9to expire may have the license restored by making application
10to the Department and filing proof acceptable to the Department
11of fitness to have his, her, or its license restored, by which
12may include sworn evidence certifying to active practice in
13another jurisdiction satisfactory to the Department, complying
14with any continuing education requirements, and paying the
15required restoration fee.
16    (c) If the person has not maintained an active practice in
17another jurisdiction satisfactory to the Department, the
18Department shall determine, by an evaluation program
19established by rule, the person's fitness to resume active
20status and may require the person to complete a period of
21evaluated clinical experience and successful completion of a
22practical examination. However, any person whose license
23expired while (i) in federal service on active duty with the
24Armed Forces of the United States or called into service or
25training with the State Militia or (ii) in training or
26education under the supervision of the United States

 

 

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1preliminary to induction into the military service may have his
2or her license renewed or restored without paying any lapsed
3renewal fees if, within 2 years after honorable termination of
4the service, training or education, except under condition
5other than honorable, he or she furnishes the Department with
6satisfactory evidence to the effect that he or she has been so
7engaged and that the service, training, or education has been
8so terminated.
9    (d) A community association manager, community association
10management firm or supervising community association manager
11who notifies the Department, in writing on forms prescribed by
12the Department, may place his, her, or its license on inactive
13status and shall be excused from the payment of renewal fees
14until the person notifies the Department in writing of the
15intention to resume active practice.
16    (e) A community association manager, community association
17management firm, or supervising community association manager
18requesting his, her, or its license be changed from inactive to
19active status shall be required to pay the current renewal fee
20and shall also demonstrate compliance with the continuing
21education requirements.
22    (f) Any licensee with a nonrenewed or on inactive license
23status shall not provide community association management
24services as set forth in this Act.
25    (g) Any person violating subsection (f) of this Section
26shall be considered to be practicing without a license and will

 

 

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1be subject to the disciplinary provisions of this Act.
2(Source: P.A. 98-365, eff. 1-1-14.)
 
3    (225 ILCS 427/85)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 85. Grounds for discipline; refusal, revocation, or
6suspension.
7    (a) The Department may refuse to issue or renew a license,
8or may place on probation, reprimand, suspend, or revoke any
9license, or take any other disciplinary or non-disciplinary
10action as the Department may deem proper and impose a fine not
11to exceed $10,000 for each violation upon any licensee or
12applicant under this Act or any person or entity who holds
13himself, herself, or itself out as an applicant or licensee for
14any one or combination of the following causes:
15        (1) Material misstatement in furnishing information to
16    the Department.
17        (2) Violations of this Act or its rules.
18        (3) Conviction of or entry of a plea of guilty or plea
19    of nolo contendere to a felony or a misdemeanor under the
20    laws of the United States, any state, or any other
21    jurisdiction or entry of an administrative sanction by a
22    government agency in this State or any other jurisdiction.
23    Action taken under this paragraph (3) for a misdemeanor or
24    an administrative sanction is limited to a misdemeanor or
25    administrative sanction that has as an essential element

 

 

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1    dishonesty or fraud, that involves larceny, embezzlement,
2    or obtaining money, property, or credit by false pretenses
3    or by means of a confidence game, or that is directly
4    related to the practice of the profession.
5        (4) Making any misrepresentation for the purpose of
6    obtaining a license or violating any provision of this Act
7    or its rules.
8        (5) Professional incompetence.
9        (6) Gross negligence.
10        (7) Aiding or assisting another person in violating any
11    provision of this Act or its rules.
12        (8) Failing, within 30 days, to provide information in
13    response to a request made by the Department.
14        (9) Engaging in dishonorable, unethical, or
15    unprofessional conduct of a character likely to deceive,
16    defraud or harm the public as defined by the rules of the
17    Department, or violating the rules of professional conduct
18    adopted by the Department.
19        (10) Habitual or excessive use or addiction to alcohol,
20    narcotics, stimulants, or any other chemical agent or drug
21    that results in the inability to practice with reasonable
22    judgment, skill, or safety.
23        (11) Having been disciplined by another state, the
24    District of Columbia, a territory, a foreign nation, or a
25    governmental agency authorized to impose discipline if at
26    least one of the grounds for the discipline is the same or

 

 

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1    substantially equivalent of one of the grounds for which a
2    licensee may be disciplined under this Act. A certified
3    copy of the record of the action by the other state or
4    jurisdiction shall be prima facie evidence thereof.
5        (12) Directly or indirectly giving to or receiving from
6    any person, firm, corporation, partnership or association
7    any fee, commission, rebate, or other form of compensation
8    for any professional services not actually or personally
9    rendered.
10        (13) A finding by the Department that the licensee,
11    after having his, her, or its license placed on
12    probationary status, has violated the terms of probation.
13        (14) Willfully making or filing false records or
14    reports relating to a licensee's practice, including but
15    not limited to false records filed with any State or
16    federal agencies or departments.
17        (15) Being named as a perpetrator in an indicated
18    report by the Department of Children and Family Services
19    under the Abused and Neglected Child Reporting Act and upon
20    proof by clear and convincing evidence that the licensee
21    has caused a child to be an abused child or neglected child
22    as defined in the Abused and Neglected Child Reporting Act.
23        (16) Physical illness or mental illness or impairment,
24    including, but not limited to, deterioration through the
25    aging process or loss of motor skill that results in the
26    inability to practice the profession with reasonable

 

 

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1    judgment, skill, or safety.
2        (17) Solicitation of professional services by using
3    false or misleading advertising.
4        (18) A finding that licensure has been applied for or
5    obtained by fraudulent means.
6        (19) Practicing or attempting to practice under a name
7    other than the full name as shown on the license or any
8    other legally authorized name.
9        (20) Gross overcharging for professional services
10    including, but not limited to, (i) collection of fees or
11    moneys for services that are not rendered; and (ii)
12    charging for services that are not in accordance with the
13    contract between the licensee and the community
14    association.
15        (21) Improper commingling of personal and client funds
16    in violation of this Act or any rules promulgated thereto.
17        (22) Failing to account for or remit any moneys or
18    documents coming into the licensee's possession that
19    belong to another person or entity.
20        (23) Giving differential treatment to a person that is
21    to that person's detriment because of race, color, creed,
22    sex, religion, or national origin.
23        (24) Performing and charging for services without
24    reasonable authorization to do so from the person or entity
25    for whom service is being provided.
26        (25) Failing to make available to the Department, upon

 

 

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1    request, any books, records, or forms required by this Act.
2        (26) Purporting to be a supervising community
3    association manager of a firm without active participation
4    in the firm.
5        (27) Failing to make available to the Department at the
6    time of the request any indicia of licensure or
7    registration issued under this Act.
8        (28) Failing to maintain and deposit funds belonging to
9    a community association in accordance with subsection (b)
10    of Section 55 of this Act.
11        (29) Violating the terms of a disciplinary order issued
12    by the Department.
13    (b) In accordance with subdivision (a)(5) of Section
142105-15 of the Department of Professional Regulation Law of the
15Civil Administrative Code of Illinois (20 ILCS 2105/2105-15),
16the Department shall deny a license or renewal authorized by
17this Act to a person who has defaulted on an educational loan
18or scholarship provided or guaranteed by the Illinois Student
19Assistance Commission or any governmental agency of this State.
20    (c) The determination by a circuit court that a licensee is
21subject to involuntary admission or judicial admission, as
22provided in the Mental Health and Developmental Disabilities
23Code, operates as an automatic suspension. The suspension will
24terminate only upon a finding by a court that the patient is no
25longer subject to involuntary admission or judicial admission
26and the issuance of an order so finding and discharging the

 

 

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1patient, and upon the recommendation of the Board to the
2Secretary that the licensee be allowed to resume his or her
3practice as a licensed community association manager.
4    (d) In accordance with subsection (g) of Section 2105-15 of
5the Department of Professional Regulation Law of the Civil
6Administrative Code of Illinois (20 ILCS 2105/2105-15), the
7Department may refuse to issue or renew or may suspend the
8license of any person who fails to file a return, to pay the
9tax, penalty, or interest shown in a filed return, or to pay
10any final assessment of tax, penalty, or interest, as required
11by any tax Act administered by the Department of Revenue, until
12such time as the requirements of that tax Act are satisfied.
13    (e) In accordance with subdivision (a)(5) of Section
142105-15 of the Department of Professional Regulation Law of the
15Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)
16and in cases where the Department of Healthcare and Family
17Services (formerly Department of Public Aid) has previously
18determined that a licensee or a potential licensee is more than
1930 days delinquent in the payment of child support and has
20subsequently certified the delinquency to the Department, the
21Department may refuse to issue or renew or may revoke or
22suspend that person's license or may take other disciplinary
23action against that person based solely upon the certification
24of delinquency made by the Department of Healthcare and Family
25Services.
26    (f) In enforcing this Section, the Department or Board upon

 

 

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1a showing of a possible violation may compel a licensee or an
2individual licensed to practice under this Act, or who has
3applied for licensure under this Act, to submit to a mental or
4physical examination, or both, as required by and at the
5expense of the Department. The Department or Board may order
6the examining physician to present testimony concerning the
7mental or physical examination of the licensee or applicant. No
8information shall be excluded by reason of any common law or
9statutory privilege relating to communications between the
10licensee or applicant and the examining physician. The
11examining physicians shall be specifically designated by the
12Board or Department. The individual to be examined may have, at
13his or her own expense, another physician of his or her choice
14present during all aspects of this examination. Failure of an
15individual to submit to a mental or physical examination, when
16directed, shall be grounds for suspension of his or her license
17or denial of his or her application or renewal until the
18individual submits to the examination if the Department finds,
19after notice and hearing, that the refusal to submit to the
20examination was without reasonable cause.
21    If the Department or Board finds an individual unable to
22practice because of the reasons set forth in this Section, the
23Department or Board may require that individual to submit to
24care, counseling, or treatment by physicians approved or
25designated by the Department or Board, as a condition, term, or
26restriction for continued, reinstated, or renewed licensure to

 

 

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1practice; or, in lieu of care, counseling, or treatment, the
2Department may file, or the Board may recommend to the
3Department to file, a complaint to immediately suspend, revoke,
4deny, or otherwise discipline the license of the individual. An
5individual whose license was granted, continued, reinstated,
6renewed, disciplined or supervised subject to such terms,
7conditions, or restrictions, and who fails to comply with such
8terms, conditions, or restrictions, shall be referred to the
9Secretary for a determination as to whether the individual
10shall have his or her license suspended immediately, pending a
11hearing by the Department.
12    In instances in which the Secretary immediately suspends a
13person's license under this Section, a hearing on that person's
14license must be convened by the Department within 30 days after
15the suspension and completed without appreciable delay. The
16Department and Board shall have the authority to review the
17subject individual's record of treatment and counseling
18regarding the impairment to the extent permitted by applicable
19federal statutes and regulations safeguarding the
20confidentiality of medical records.
21    An individual licensed under this Act and affected under
22this Section shall be afforded an opportunity to demonstrate to
23the Department or Board that he or she can resume practice in
24compliance with acceptable and prevailing standards under the
25provisions of his or her license.
26(Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;

 

 

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198-756, eff. 7-16-14.)
 
2    Section 10. The Real Estate License Act of 2000 is amended
3by changing Sections 10-20 and 20-20 as follows:
 
4    (225 ILCS 454/10-20)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 10-20. Sponsoring broker; employment agreement.
7    (a) A licensee may perform activities as a licensee only
8for his or her sponsoring broker. A licensee must have only one
9sponsoring broker at any one time.
10    (b) Every broker who employs licensees or has an
11independent contractor relationship with a licensee shall have
12a written employment agreement with each such licensee. The
13broker having this written employment agreement with the
14licensee must be that licensee's sponsoring broker.
15    (c) Every sponsoring broker must have a written employment
16agreement with each licensee the broker sponsors. The agreement
17shall address the employment or independent contractor
18relationship terms, including without limitation supervision,
19duties, compensation, and termination.
20    (d) Every sponsoring broker must have a written employment
21agreement with each licensed personal assistant who assists a
22licensee sponsored by the sponsoring broker. This requirement
23applies to all licensed personal assistants whether or not they
24perform licensed activities in their capacity as a personal

 

 

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1assistant. The agreement shall address the employment or
2independent contractor relationship terms, including without
3limitation supervision, duties, compensation, and termination.
4    (e) Notwithstanding the fact that a sponsoring broker has
5an employment agreement with a licensee, a sponsoring broker
6may pay compensation directly to a corporation or limited
7liability company solely owned by that licensee that has been
8formed for the purpose of receiving compensation earned by the
9licensee. A corporation or limited liability company formed for
10the purpose herein stated in this subsection (e) shall not be
11required to be licensed under this Act so long as the person
12who is the sole shareholder of the corporation or sole member
13of the limited liability company is licensed.
14(Source: P.A. 91-245, eff. 12-31-99.)
 
15    (225 ILCS 454/20-20)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 20-20. Grounds for discipline.
18    (a) The Department may refuse to issue or renew a license,
19may place on probation, suspend, or revoke any license,
20reprimand, or take any other disciplinary or non-disciplinary
21action as the Department may deem proper and impose a fine not
22to exceed $25,000 upon any licensee or applicant under this Act
23or any person who holds himself or herself out as an applicant
24or licensee or against a licensee in handling his or her own
25property, whether held by deed, option, or otherwise, for any

 

 

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1one or any combination of the following causes:
2        (1) Fraud or misrepresentation in applying for, or
3    procuring, a license under this Act or in connection with
4    applying for renewal of a license under this Act.
5        (2) The conviction of or plea of guilty or plea of nolo
6    contendere to a felony or misdemeanor in this State or any
7    other jurisdiction; or the entry of an administrative
8    sanction by a government agency in this State or any other
9    jurisdiction. Action taken under this paragraph (2) for a
10    misdemeanor or an administrative sanction is limited to a
11    misdemeanor or administrative sanction that has as an
12    essential element dishonesty or fraud or involves larceny,
13    embezzlement, or obtaining money, property, or credit by
14    false pretenses or by means of a confidence game.
15        (3) Inability to practice the profession with
16    reasonable judgment, skill, or safety as a result of a
17    physical illness, including, but not limited to,
18    deterioration through the aging process or loss of motor
19    skill, or a mental illness or disability.
20        (4) Practice under this Act as a licensee in a retail
21    sales establishment from an office, desk, or space that is
22    not separated from the main retail business by a separate
23    and distinct area within the establishment.
24        (5) Having been disciplined by another state, the
25    District of Columbia, a territory, a foreign nation, or a
26    governmental agency authorized to impose discipline if at

 

 

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1    least one of the grounds for that discipline is the same as
2    or the equivalent of one of the grounds for which a
3    licensee may be disciplined under this Act. A certified
4    copy of the record of the action by the other state or
5    jurisdiction shall be prima facie evidence thereof.
6        (6) Engaging in the practice of real estate brokerage
7    without a license or after the licensee's license was
8    expired or while the license was inoperative.
9        (7) Cheating on or attempting to subvert the Real
10    Estate License Exam or continuing education exam.
11        (8) Aiding or abetting an applicant to subvert or cheat
12    on the Real Estate License Exam or continuing education
13    exam administered pursuant to this Act.
14        (9) Advertising that is inaccurate, misleading, or
15    contrary to the provisions of the Act.
16        (10) Making any substantial misrepresentation or
17    untruthful advertising.
18        (11) Making any false promises of a character likely to
19    influence, persuade, or induce.
20        (12) Pursuing a continued and flagrant course of
21    misrepresentation or the making of false promises through
22    licensees, employees, agents, advertising, or otherwise.
23        (13) Any misleading or untruthful advertising, or
24    using any trade name or insignia of membership in any real
25    estate organization of which the licensee is not a member.
26        (14) Acting for more than one party in a transaction

 

 

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1    without providing written notice to all parties for whom
2    the licensee acts.
3        (15) Representing or attempting to represent a broker
4    other than the sponsoring broker.
5        (16) Failure to account for or to remit any moneys or
6    documents coming into his or her possession that belong to
7    others.
8        (17) Failure to maintain and deposit in a special
9    account, separate and apart from personal and other
10    business accounts, all escrow moneys belonging to others
11    entrusted to a licensee while acting as a broker, escrow
12    agent, or temporary custodian of the funds of others or
13    failure to maintain all escrow moneys on deposit in the
14    account until the transactions are consummated or
15    terminated, except to the extent that the moneys, or any
16    part thereof, shall be:
17            (A) disbursed prior to the consummation or
18        termination (i) in accordance with the written
19        direction of the principals to the transaction or their
20        duly authorized agents, (ii) in accordance with
21        directions providing for the release, payment, or
22        distribution of escrow moneys contained in any written
23        contract signed by the principals to the transaction or
24        their duly authorized agents, or (iii) pursuant to an
25        order of a court of competent jurisdiction; or
26            (B) deemed abandoned and transferred to the Office

 

 

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1        of the State Treasurer to be handled as unclaimed
2        property pursuant to the Uniform Disposition of
3        Unclaimed Property Act. Escrow moneys may be deemed
4        abandoned under this subparagraph (B) only: (i) in the
5        absence of disbursement under subparagraph (A); (ii)
6        in the absence of notice of the filing of any claim in
7        a court of competent jurisdiction; and (iii) if 6
8        months have elapsed after the receipt of a written
9        demand for the escrow moneys from one of the principals
10        to the transaction or the principal's duly authorized
11        agent.
12    The account shall be noninterest bearing, unless the
13    character of the deposit is such that payment of interest
14    thereon is otherwise required by law or unless the
15    principals to the transaction specifically require, in
16    writing, that the deposit be placed in an interest bearing
17    account.
18        (18) Failure to make available to the Department all
19    escrow records and related documents maintained in
20    connection with the practice of real estate within 24 hours
21    of a request for those documents by Department personnel.
22        (19) Failing to furnish copies upon request of
23    documents relating to a real estate transaction to a party
24    who has executed that document.
25        (20) Failure of a sponsoring broker to timely provide
26    information, sponsor cards, or termination of licenses to

 

 

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1    the Department.
2        (21) Engaging in dishonorable, unethical, or
3    unprofessional conduct of a character likely to deceive,
4    defraud, or harm the public.
5        (22) Commingling the money or property of others with
6    his or her own money or property.
7        (23) Employing any person on a purely temporary or
8    single deal basis as a means of evading the law regarding
9    payment of commission to nonlicensees on some contemplated
10    transactions.
11        (24) Permitting the use of his or her license as a
12    broker to enable a leasing agent or unlicensed person to
13    operate a real estate business without actual
14    participation therein and control thereof by the broker.
15        (25) Any other conduct, whether of the same or a
16    different character from that specified in this Section,
17    that constitutes dishonest dealing.
18        (26) Displaying a "for rent" or "for sale" sign on any
19    property without the written consent of an owner or his or
20    her duly authorized agent or advertising by any means that
21    any property is for sale or for rent without the written
22    consent of the owner or his or her authorized agent.
23        (27) Failing to provide information requested by the
24    Department, or otherwise respond to that request, within 30
25    days of the request.
26        (28) Advertising by means of a blind advertisement,

 

 

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1    except as otherwise permitted in Section 10-30 of this Act.
2        (29) Offering guaranteed sales plans, as defined in
3    clause (A) of this subdivision (29), except to the extent
4    hereinafter set forth:
5            (A) A "guaranteed sales plan" is any real estate
6        purchase or sales plan whereby a licensee enters into a
7        conditional or unconditional written contract with a
8        seller, prior to entering into a brokerage agreement
9        with the seller, by the terms of which a licensee
10        agrees to purchase a property of the seller within a
11        specified period of time at a specific price in the
12        event the property is not sold in accordance with the
13        terms of a brokerage agreement to be entered into
14        between the sponsoring broker and the seller.
15            (B) A licensee offering a guaranteed sales plan
16        shall provide the details and conditions of the plan in
17        writing to the party to whom the plan is offered.
18            (C) A licensee offering a guaranteed sales plan
19        shall provide to the party to whom the plan is offered
20        evidence of sufficient financial resources to satisfy
21        the commitment to purchase undertaken by the broker in
22        the plan.
23            (D) Any licensee offering a guaranteed sales plan
24        shall undertake to market the property of the seller
25        subject to the plan in the same manner in which the
26        broker would market any other property, unless the

 

 

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1        agreement with the seller provides otherwise.
2            (E) The licensee cannot purchase seller's property
3        until the brokerage agreement has ended according to
4        its terms or is otherwise terminated.
5            (F) Any licensee who fails to perform on a
6        guaranteed sales plan in strict accordance with its
7        terms shall be subject to all the penalties provided in
8        this Act for violations thereof and, in addition, shall
9        be subject to a civil fine payable to the party injured
10        by the default in an amount of up to $25,000.
11        (30) Influencing or attempting to influence, by any
12    words or acts, a prospective seller, purchaser, occupant,
13    landlord, or tenant of real estate, in connection with
14    viewing, buying, or leasing real estate, so as to promote
15    or tend to promote the continuance or maintenance of
16    racially and religiously segregated housing or so as to
17    retard, obstruct, or discourage racially integrated
18    housing on or in any street, block, neighborhood, or
19    community.
20        (31) Engaging in any act that constitutes a violation
21    of any provision of Article 3 of the Illinois Human Rights
22    Act, whether or not a complaint has been filed with or
23    adjudicated by the Human Rights Commission.
24        (32) Inducing any party to a contract of sale or lease
25    or brokerage agreement to break the contract of sale or
26    lease or brokerage agreement for the purpose of

 

 

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1    substituting, in lieu thereof, a new contract for sale or
2    lease or brokerage agreement with a third party.
3        (33) Negotiating a sale, exchange, or lease of real
4    estate directly with any person if the licensee knows that
5    the person has an exclusive brokerage agreement with
6    another broker, unless specifically authorized by that
7    broker.
8        (34) When a licensee is also an attorney, acting as the
9    attorney for either the buyer or the seller in the same
10    transaction in which the licensee is acting or has acted as
11    a managing broker or broker.
12        (35) Advertising or offering merchandise or services
13    as free if any conditions or obligations necessary for
14    receiving the merchandise or services are not disclosed in
15    the same advertisement or offer. These conditions or
16    obligations include without limitation the requirement
17    that the recipient attend a promotional activity or visit a
18    real estate site. As used in this subdivision (35), "free"
19    includes terms such as "award", "prize", "no charge", "free
20    of charge", "without charge", and similar words or phrases
21    that reasonably lead a person to believe that he or she may
22    receive or has been selected to receive something of value,
23    without any conditions or obligations on the part of the
24    recipient.
25        (36) Disregarding or violating any provision of the
26    Land Sales Registration Act of 1989, the Illinois Real

 

 

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1    Estate Time-Share Act, or the published rules promulgated
2    by the Department to enforce those Acts.
3        (37) Violating the terms of an a disciplinary order
4    issued by the Department.
5        (38) Paying or failing to disclose compensation in
6    violation of Article 10 of this Act.
7        (39) Requiring a party to a transaction who is not a
8    client of the licensee to allow the licensee to retain a
9    portion of the escrow moneys for payment of the licensee's
10    commission or expenses as a condition for release of the
11    escrow moneys to that party.
12        (40) Disregarding or violating any provision of this
13    Act or the published rules promulgated by the Department to
14    enforce this Act or aiding or abetting any individual,
15    partnership, registered limited liability partnership,
16    limited liability company, or corporation in disregarding
17    any provision of this Act or the published rules
18    promulgated by the Department to enforce this Act.
19        (41) Failing to provide the minimum services required
20    by Section 15-75 of this Act when acting under an exclusive
21    brokerage agreement.
22        (42) Habitual or excessive use or addiction to alcohol,
23    narcotics, stimulants, or any other chemical agent or drug
24    that results in a managing broker, broker, or leasing
25    agent's inability to practice with reasonable skill or
26    safety.

 

 

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1        (43) Enabling, aiding, or abetting an auctioneer, as
2    defined in the Auction License Act, to conduct a real
3    estate auction in a manner that is in violation of this
4    Act.
5    (b) The Department may refuse to issue or renew or may
6suspend the license of any person who fails to file a return,
7pay the tax, penalty or interest shown in a filed return, or
8pay any final assessment of tax, penalty, or interest, as
9required by any tax Act administered by the Department of
10Revenue, until such time as the requirements of that tax Act
11are satisfied in accordance with subsection (g) of Section
122105-15 of the Civil Administrative Code of Illinois.
13    (c) The Department shall deny a license or renewal
14authorized by this Act to a person who has defaulted on an
15educational loan or scholarship provided or guaranteed by the
16Illinois Student Assistance Commission or any governmental
17agency of this State in accordance with item (5) of subsection
18(a) of Section 2105-15 of the Civil Administrative Code of
19Illinois.
20    (d) In cases where the Department of Healthcare and Family
21Services (formerly Department of Public Aid) has previously
22determined that a licensee or a potential licensee is more than
2330 days delinquent in the payment of child support and has
24subsequently certified the delinquency to the Department, the
25Department may refuse to issue or renew or may revoke or
26suspend that person's license or may take other disciplinary

 

 

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1action against that person based solely upon the certification
2of delinquency made by the Department of Healthcare and Family
3Services in accordance with item (5) of subsection (a) of
4Section 2105-15 of the Civil Administrative Code of Illinois.
5    (e) In enforcing this Section, the Department or Board upon
6a showing of a possible violation may compel an individual
7licensed to practice under this Act, or who has applied for
8licensure under this Act, to submit to a mental or physical
9examination, or both, as required by and at the expense of the
10Department. The Department or Board may order the examining
11physician to present testimony concerning the mental or
12physical examination of the licensee or applicant. No
13information shall be excluded by reason of any common law or
14statutory privilege relating to communications between the
15licensee or applicant and the examining physician. The
16examining physicians shall be specifically designated by the
17Board or Department. The individual to be examined may have, at
18his or her own expense, another physician of his or her choice
19present during all aspects of this examination. Failure of an
20individual to submit to a mental or physical examination, when
21directed, shall be grounds for suspension of his or her license
22until the individual submits to the examination if the
23Department finds, after notice and hearing, that the refusal to
24submit to the examination was without reasonable cause.
25    If the Department or Board finds an individual unable to
26practice because of the reasons set forth in this Section, the

 

 

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1Department or Board may require that individual to submit to
2care, counseling, or treatment by physicians approved or
3designated by the Department or Board, as a condition, term, or
4restriction for continued, reinstated, or renewed licensure to
5practice; or, in lieu of care, counseling, or treatment, the
6Department may file, or the Board may recommend to the
7Department to file, a complaint to immediately suspend, revoke,
8or otherwise discipline the license of the individual. An
9individual whose license was granted, continued, reinstated,
10renewed, disciplined or supervised subject to such terms,
11conditions, or restrictions, and who fails to comply with such
12terms, conditions, or restrictions, shall be referred to the
13Secretary for a determination as to whether the individual
14shall have his or her license suspended immediately, pending a
15hearing by the Department.
16    In instances in which the Secretary immediately suspends a
17person's license under this Section, a hearing on that person's
18license must be convened by the Department within 30 days after
19the suspension and completed without appreciable delay. The
20Department and Board shall have the authority to review the
21subject individual's record of treatment and counseling
22regarding the impairment to the extent permitted by applicable
23federal statutes and regulations safeguarding the
24confidentiality of medical records.
25    An individual licensed under this Act and affected under
26this Section shall be afforded an opportunity to demonstrate to

 

 

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1the Department or Board that he or she can resume practice in
2compliance with acceptable and prevailing standards under the
3provisions of his or her license.
4(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14;
599-227, eff. 8-3-15.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.