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Rep. Angelo Saviano
Filed: 5/6/2008
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09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
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| AMENDMENT TO HOUSE BILL 5067
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| AMENDMENT NO. ______. Amend House Bill 5067, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Real Estate Appraiser Licensing Act of 2002 |
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| is amended by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20, |
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| 5-25, 5-30, 5-35, 5-40, 5-45, 5-55, 10-5, 10-10, 10-20, 15-5, |
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| 15-10, 15-15, 15-20, 15-30, 15-35, 15-40, 15-45, 15-50, 15-55, |
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| 15-60, 20-5, 20-10, 25-5, 25-10, 25-15, 25-20, 25-25, and 30-10 |
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| and by adding Sections 5-20.5, 5-21, 15-17, and 15-18 as |
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| follows:
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| (225 ILCS 458/1-10)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 1-10. Definitions. As used in this Act, unless the |
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| context
otherwise requires:
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| "Accredited college or university, junior college, or |
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LRB095 17131 RAS 50141 a |
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| community college" means a college or university, junior |
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| college, or community college that is approved or accredited by |
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| the Board of Higher Education, a regional or national |
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| accreditation association, or by an accrediting agency that is |
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| recognized by the U.S. Secretary of Education.
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| "Applicant" means person who applies to the Department
OBRE
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| for a license under this Act.
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| "Appraisal" means
(noun) the act or process of developing |
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| an opinion
of value; an
opinion of value (adjective) of or |
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| pertaining to appraising
and related functions , such as |
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| appraisal practice or appraisal services . |
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| "Appraisal assignment" means a valuation service provided |
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| as a consequence of an agreement between an appraiser and a |
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| client. |
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| "Appraisal consulting" means the act or process of |
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| developing an analysis, recommendation, or opinion to solve a |
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| problem, where an opinion of value is a component of the |
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| analysis leading to the assignment results. |
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| "Appraisal practice" means valuation services performed by |
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| an individual acting as an appraiser, including, but not |
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| limited to, appraisal, appraisal review, or appraisal |
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| consulting.
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| "Appraisal report" means any communication, written or |
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| oral, of an appraisal, appraisal review, or appraisal |
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| consulting service that is transmitted to a client upon |
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| completion of an assignment
a written appraisal by an appraiser |
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LRB095 17131 RAS 50141 a |
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| to a client .
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| "Appraisal review" means the act or process of developing |
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| and communicating an opinion about the quality of another |
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| appraiser's work that was performed as part of an appraisal, |
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| appraisal review, or appraisal assignment.
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| "Appraisal Subcommittee" means the Appraisal Subcommittee |
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| of the Federal
Financial Institutions
Examination Council as |
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| established by Title XI.
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| "Appraiser" means a person who performs
real estate or real |
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| property
appraisals.
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| "AQB" means the Appraisal Qualifications Board of the |
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| Appraisal Foundation.
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| "Associate real estate trainee appraiser" means an |
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| entry-level appraiser who holds
a license of this |
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| classification under this Act and applies to
the appraisal of |
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| non-complex property having a transaction
value less than |
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| $1,000,000, but with restrictions as to the scope of practice
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| in
accordance with this Act.
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| "Board" means the Real Estate Appraisal Administration and |
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| Disciplinary Board.
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| "Classroom hour" means 50 minutes of instruction out of |
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| each 60 minute
segment of coursework.
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| "Client" means the party or parties who engage an appraiser |
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| by employment or contract in a specific assignment
a person who |
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| utilizes the services of an appraiser or engages
an appraiser |
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| for an appraisal
by employment or contract .
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LRB095 17131 RAS 50141 a |
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| "Commissioner" means the Commissioner of the Office of |
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| Banks and Real Estate
or his or her designee.
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| "Coordinator" means the Coordinator of Real Estate |
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| Appraisal of the Division of Professional Regulation of the |
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| Department of Financial and Professional Regulation.
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| "Director" means the Director of the Real Estate Appraisal |
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| Division of OBRE
or his or her designee.
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| "Department" means the Department of Financial and |
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| Professional Regulation.
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| "Federal financial institutions regulatory agencies" means |
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| the Board of
Governors of the Federal Reserve
System, the |
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| Federal Deposit Insurance Corporation, the Office of the
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| Comptroller of the Currency, the
Office of Thrift Supervision, |
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| and the National Credit Union Administration.
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| "Federally related transaction" means any real |
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| estate-related financial
transaction in which a federal
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| financial institutions regulatory agency, the Department of |
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| Housing
and Urban Development, Fannie Mae, Freddie Mae, or the |
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| National
Credit Union Administration
engages in, contracts |
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| for, or
regulates and requires the services
of an appraiser.
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| "Financial institution" means any bank, savings bank, |
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| savings and loan
association, credit union,
mortgage broker, |
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| mortgage banker, licensee under the Consumer Installment Loan
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| Act or the Sales
Finance Agency Act, or a corporate fiduciary, |
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| subsidiary, affiliate, parent
company, or holding company
of |
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| any such licensee, or any institution involved in real estate |
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LRB095 17131 RAS 50141 a |
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| financing that
is regulated by state or
federal law.
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| "Modular Course" means the Appraisal Qualifying Course |
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| Design conforming to the Sub Topics Course Outline contained in |
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| the AQB Criteria 2008.
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| "OBRE" means the Office of Banks and Real Estate.
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| "Real estate" means an identified parcel or tract of land, |
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| including any
improvements.
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| "Real estate related financial transaction" means any |
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| transaction involving:
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| (1) the sale, lease, purchase, investment in, or |
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| exchange of real
property,
including interests
in property |
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| or the financing thereof;
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| (2) the refinancing of real property or interests in |
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| real property; and
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| (3) the use of real property or interest in property as |
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| security for a
loan or
investment,
including mortgage |
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| backed securities.
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| "Real property" means the interests, benefits, and rights |
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| inherent in the
ownership of real estate.
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| "Secretary" means the Secretary of Financial and |
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| Professional Regulation.
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| "State certified general real estate
appraiser" means an |
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| appraiser who holds a
license of this classification under this |
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| Act
and such classification applies to
the appraisal of all |
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| types of real property without restrictions as to
the scope of |
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| practice.
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LRB095 17131 RAS 50141 a |
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| "State certified residential real estate
appraiser" means |
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| an appraiser who
holds a
license of this classification
under |
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| this Act
and such classification applies to
the appraisal of
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| one to 4 units of
residential real property without regard to |
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| transaction value or complexity,
but with restrictions as to |
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| the
scope of practice
in a federally related transaction in |
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| accordance with Title
XI, the provisions of USPAP,
criteria |
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| established by the AQB, and further defined by rule.
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| "Supervising appraiser" means either (i) an appraiser who |
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| holds a valid license under this Act as either a State |
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| certified general real estate appraiser or a State certified |
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| residential real estate appraiser, who co-signs an appraisal |
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| report for an associate real estate trainee appraiser or (ii) a |
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| State certified general real estate appraiser who holds a valid |
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| license under this Act who cosigns an appraisal report for a |
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| State certified residential real estate appraiser on |
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| properties other than one to 4 units of residential real |
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| property without regard to transaction value or complexity.
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| "State licensed real estate appraiser" means an appraiser |
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| who holds a
real estate appraiser license
issued pursuant to a |
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| predecessor Act. A real estate appraiser
license authorizes its |
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| holder to conduct the
appraisal of non-complex one
to 4 units |
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| of residential real property having a transaction value less |
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| than
$1,000,000 and complex one
to 4 residential units of real |
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| property having a value less than $250,000, but
with |
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| restrictions as to the
scope of practice in accordance with |
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LRB095 17131 RAS 50141 a |
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| Title XI, criteria established by USPAP,
by the AQB, by this |
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| Act,
and by rule. No such initial license shall be issued
after |
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| the effective date of this Act
or renewed after
September 30, |
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| 2003 under this Act.
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| "Title XI" means Title XI of the federal Financial |
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| Institutions Reform,
Recovery and
Enforcement Act of 1989.
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| "USPAP" means the Uniform Standards of Professional |
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| Appraisal Practice as
promulgated by the
Appraisal Standards |
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| Board pursuant to Title XI and by rule.
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| "Valuation services" means services pertaining to aspects |
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| of property value. |
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| (Source: P.A. 92-180, eff. 7-1-02.)
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| (225 ILCS 458/5-5)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 5-5. Necessity of license; use of title; exemptions.
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| (a) It
Beginning July 1, 2002, it is unlawful for a person |
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| to (i) act , offer services, or advertise services
or assume
to
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| act
as a State certified general real estate
appraiser, State |
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| certified residential real estate appraiser, or associate real |
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| estate trainee appraiser
to engage in the
business of real |
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| estate appraisal , (ii)
to develop a real estate appraisal,
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| (iii)
to
practice as a real estate
appraiser, (iv)
or
to
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| advertise or hold himself or herself out to be a real estate
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| appraiser , or (v) solicit clients or enter into an appraisal |
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| engagement with clients
in connection with a
federally related |
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| transaction
without a real estate appraiser license issued |
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| under this Act. A person who
violates this subsection is
guilty |
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| of a Class A misdemeanor for a first offense and a Class 4 |
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| felony for any subsequent offense .
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| (b) It
Beginning July 1, 2002, it is unlawful for a person, |
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| other than a
person who holds a valid license issued pursuant |
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| to this
Act as a State certified general real estate appraiser, |
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| a
State
certified
residential real estate appraiser,
or an |
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| associate real estate trainee appraiser , or as a State licensed |
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| real estate
appraiser issued pursuant to
a predecessor Act to |
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| use these titles or any other title, designation, or
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| abbreviation likely to create the
impression that the person is |
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| licensed as a real estate appraiser pursuant to
this Act. A |
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| person who
violates this subsection is guilty of a Class A |
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| misdemeanor for a first offense and a Class 4 felony for any |
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| subsequent offense .
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| (c)
The licensing requirements of this Act
do not
require a |
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| person real estate
broker
or salesperson who holds a
valid |
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| license pursuant to the Real Estate License Act of 2000, to be |
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| licensed
as a real estate appraiser
under this Act,
unless that |
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| person the broker or salesperson is
providing
or attempting to |
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| provide an appraisal report, as defined in Section
1-10 of this |
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| Act, in connection with a federally-related transaction. |
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| Nothing in this Act shall prohibit a person who holds a valid |
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| license under the Real Estate License Act of 2000 from |
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| performing a comparative market analysis or broker price |
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| opinion for compensation, provided that the person does not |
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| hold himself out as being a licensed real estate appraiser. |
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| (d) Nothing in this Act shall preclude a State certified |
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| general real estate appraiser, a State certified residential |
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| real estate appraiser, or an associate real estate trainee |
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| appraiser from rendering appraisals for or on behalf of a |
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| partnership, association, corporation, firm, or group. |
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| However, no State appraisal license or certification shall be |
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| issued under this Act to a partnership, association, |
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| corporation, firm, or group.
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| (e) This Act does not apply to a county assessor, township |
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| assessor, multi-township assessor, county supervisor of |
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| assessments, or any deputy or employee of any county assessor, |
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| township assessor, multi-township assessor, or county |
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| supervisor of assessments who is performing his or her |
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| respective duties in accordance with the provisions of the |
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| Property Tax Code.
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| (f) A State real estate appraisal certification or license |
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| is not required under this Act for any of the following: |
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| (1) A person, partnership, association, or corporation |
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| that performs appraisals of property owned by that person, |
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| partnership, association, or corporation for the sole use |
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| of that person, partnership, association, or corporation. |
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| (2) A court-appointed commissioner who conducts an |
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| appraisal pursuant to a judicially ordered evaluation of |
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| property. |
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LRB095 17131 RAS 50141 a |
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| However, any person who is certified or licensed under this Act |
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| and who performs any of the activities set forth in this |
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| subsection (f) must comply with the provisions of this Act. A |
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| person who violates this subsection (f) is guilty of a Class A |
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| misdemeanor for a first offense and a Class 4 felony for any |
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| subsequent offense. |
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| (g) This Act does not apply to an employee, officer, |
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| director, or member of a credit or loan committee of a |
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| financial institution or any other person engaged by a |
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| financial institution when performing an evaluation of real |
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| property for the sole use of the financial institution in a |
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| transaction for which the financial institution would not be |
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| required to use the services of a State licensed or State |
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| certified appraiser pursuant to federal regulations adopted |
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| under Title XI of the federal Financial Institutions Reform, |
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| Recovery, and Enforcement Act of 1989, nor does this Act apply |
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| to the procurement of an automated valuation model. |
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| "Automated valuation model" means an automated system that |
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| is used to derive a property value through the use of publicly |
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| available property records and various analytic methodologies |
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| such as comparable sales prices, home characteristics, and |
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| historical home price appreciations. |
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| For the purposes of this
subsection, "brokerage service" |
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| means the
activity
of offering, negotiating,
buying, listing, |
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| selling, or leasing real estate or procuring or referring
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| prospects intended to result in the
listing, sale, purchase, |
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LRB095 17131 RAS 50141 a |
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| lease, or exchange of real estate for another and for
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| compensation.
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| (Source: P.A. 92-180, eff. 7-1-02.)
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| (225 ILCS 458/5-10)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 5-10. Application for State
certified general real |
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| estate appraiser.
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| (a) Every person who
desires to obtain a State certified |
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| general real estate appraiser license
shall:
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| (1) apply to the Department
OBRE on forms provided by the |
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| Department
OBRE accompanied by the required fee;
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| (2) be at least 18 years of age;
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| (3) (blank);
provide evidence of having attained a high |
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| school diploma or completed
an
equivalent
course of
study as |
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| determined by an examination conducted
or accepted
by the |
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| Illinois State Board of
Education;
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| (4) personally take and pass an examination authorized by |
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| the Department
OBRE and endorsed
by the AQB;
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| (5) prior to taking the examination, provide evidence to |
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| the Department, in Modular Course format, with each module |
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| conforming to the Real Property Appraiser Qualification |
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| Criteria established and adopted by the AQB,
OBRE that he or |
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| she
has successfully completed the prerequisite
classroom |
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| hours of instruction in appraising as established by the AQB |
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| and by
rule; and
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09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
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| (6) prior to taking the examination, provide evidence
to |
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| the Department
OBRE that he or she has successfully completed |
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| the prerequisite
experience requirements in appraising as |
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| established by AQB and by rule.
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| (b) Applicants must provide evidence to the Department of |
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| (i) holding a Bachelor's degree or higher from an accredited |
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| college or university or (ii) successfully passing 30 semester |
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| credit hours or the equivalent from an accredited college or |
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| university, junior college, or community college in the |
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| following subjects: |
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| (1) English composition; |
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| (2) micro economics; |
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| (3) macro economics; |
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| (4) finance; |
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| (5) algebra, geometry, or higher mathematics; |
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| (6) statistics; |
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| (7) introduction to computers-word
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| processing/spreadsheets; |
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| (8) business or real estate law; and |
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| (9) two elective courses in accounting, geography,
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| agricultural economics, business management, or real
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| estate. |
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| If an accredited college or university accepts the |
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| College-Level Examination Program (CLEP) examinations and |
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| issues a transcript for the exam showing its approval, it will |
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| be considered credit for the college course for the purposes of |
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LRB095 17131 RAS 50141 a |
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| meeting the requirements of this subsection (c).
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| (c) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and the Secretary of the Senate and by requesting that the |
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| General Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 92-180, eff. 7-1-02.)
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09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
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|
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| (225 ILCS 458/5-15)
|
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| (Section scheduled to be repealed on January 1, 2012)
|
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| Sec. 5-15. Application for State certified residential |
4 |
| real estate
appraiser. |
5 |
| (a) Every person who
desires to obtain a State certified |
6 |
| residential real estate appraiser license
shall:
|
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| (1) apply to the Department
OBRE on forms provided by |
8 |
| the Department
OBRE accompanied by the required fee;
|
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| (2) be at least 18 years of age;
|
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| (3) (blank);
provide evidence of having attained a high |
11 |
| school diploma or completed
an equivalent
course of
study |
12 |
| as determined by an examination conducted
or accepted
by |
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| the Illinois State Board of
Education;
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| (4) personally take and pass an examination authorized |
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| by the Department
OBRE and endorsed
by
the AQB;
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| (5) prior to taking the examination, provide evidence
|
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| to the Department, in Modular Course format, with each |
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| module conforming to the Real Property Appraiser |
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| Qualification Criteria established and adopted by the AQB,
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| OBRE that he or she has successfully completed the |
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| prerequisite
classroom hours of instruction in appraising |
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| as established by the AQB and by
rule; and
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| (6) prior to taking the examination, provide evidence
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| to the Department
OBRE that he or she has successfully |
25 |
| completed the prerequisite
experience requirements as |
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09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
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| established by AQB and by rule.
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| (b) Applicants must provide evidence to the Department of |
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| (i) holding an Associate's degree or its equivalent from an |
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| accredited college or university, junior college, or community |
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| college or (ii) successfully passing 21 semester credit hours |
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| or the equivalent from an accredited college or university, |
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| junior college, or community college in the following subjects: |
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| (1) English composition; |
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| (2) principals of economics (micro or macro); |
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| (3) finance; |
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| (4) algebra, geometry, or higher mathematics; |
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| (5) statistics; |
13 |
| (6) introduction to computers-word
processing and |
14 |
| spreadsheets; and |
15 |
| (7) business or real estate law. |
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| If an accredited college or university accepts the |
17 |
| College-Level Examination Program (CLEP) examinations and |
18 |
| issues a transcript for the exam showing its approval, it will |
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| be considered credit for the college course for the purposes of |
20 |
| the requirements of this subsection (b).
|
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| (c) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
23 |
| under the jurisdiction of the Governor has any authority to |
24 |
| make or promulgate rules to implement or enforce the provisions |
25 |
| of this amendatory Act of the 95th General Assembly. If, |
26 |
| however, the Governor believes that rules are necessary to |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
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|
1 |
| implement or enforce the provisions of this amendatory Act of |
2 |
| the 95th General Assembly, the Governor may suggest rules to |
3 |
| the General Assembly by filing them with the Clerk of the House |
4 |
| and the Secretary of the Senate and by requesting that the |
5 |
| General Assembly authorize such rulemaking by law, enact those |
6 |
| suggested rules into law, or take any other appropriate action |
7 |
| in the General Assembly's discretion. Nothing contained in this |
8 |
| amendatory Act of the 95th General Assembly shall be |
9 |
| interpreted to grant rulemaking authority under any other |
10 |
| Illinois statute where such authority is not otherwise |
11 |
| explicitly given. For the purposes of this amendatory Act of |
12 |
| the 95th General Assembly, "rules" is given the meaning |
13 |
| contained in Section 1-70 of the Illinois Administrative |
14 |
| Procedure Act, and "agency" and "agency head" are given the |
15 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
16 |
| Administrative Procedure Act to the extent that such |
17 |
| definitions apply to agencies or agency heads under the |
18 |
| jurisdiction of the Governor. |
19 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
20 |
| (225 ILCS 458/5-20)
|
21 |
| (Section scheduled to be repealed on January 1, 2012)
|
22 |
| Sec. 5-20. Application for associate real estate trainee
|
23 |
| appraiser. (a) Every person who desires to obtain an associate |
24 |
| real estate trainee appraiser
license shall:
|
25 |
| (1) apply to the Department
OBRE on forms provided by |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
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1 |
| the Department
OBRE accompanied by the required
fee;
|
2 |
| (2) be at least 18 years of age;
|
3 |
| (3) provide evidence of having attained a high school |
4 |
| diploma or completed
an
equivalent course of
study as |
5 |
| determined by an examination conducted
or accepted
by the |
6 |
| Illinois State Board of
Education;
|
7 |
| (4) personally take and pass an examination authorized |
8 |
| by the Department
OBRE and
endorsed by the
AQB ; and
|
9 |
| (5) prior to taking the examination, provide evidence
|
10 |
| to the Department
OBRE that he or she has successfully
|
11 |
| completed
the prerequisite classroom hours of instruction |
12 |
| in appraising as established by
rule.
|
13 |
| (b) A person who holds a valid license as a licensed real |
14 |
| estate
appraiser, issued pursuant to
a predecessor Act, may |
15 |
| convert that license to an associate real estate
appraiser |
16 |
| license by making application
to
OBRE
on forms provided by
OBRE |
17 |
| accompanied by the required fee.
|
18 |
| |
19 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
20 |
| (225 ILCS 458/5-20.5 new)
|
21 |
| Sec. 5-20.5. Duration of application. Applicants have 3 |
22 |
| years from the date of application to complete the application |
23 |
| process. If the process has not been completed within 3 years, |
24 |
| the application shall be denied, the fee shall be forfeited, |
25 |
| and the applicant must reapply and meet the requirements in |
|
|
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09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
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|
1 |
| effect at the time of reapplication. |
2 |
| (225 ILCS 458/5-21 new)
|
3 |
| (Section scheduled to be repealed on January 1, 2012) |
4 |
| Sec. 5-21. Change of address notification. Any individual |
5 |
| licensed under this Act must inform the Department of any |
6 |
| change of address in a manner and within the amount of time |
7 |
| determined by the Department.
|
8 |
| (225 ILCS 458/5-25)
|
9 |
| (Section scheduled to be repealed on January 1, 2012)
|
10 |
| Sec. 5-25. Renewal of license.
|
11 |
| (a) The expiration date and renewal period
for a State |
12 |
| certified general
real estate appraiser license
or a State |
13 |
| certified residential
real estate appraiser license issued |
14 |
| under
this Act shall be set by rule.
Except as otherwise |
15 |
| provided in subsections (b) and (f) of this Section, the
holder |
16 |
| of a license may renew
the license within 90 days preceding the |
17 |
| expiration date by:
|
18 |
| (1) completing and submitting to the Department
OBRE a |
19 |
| renewal application form as
provided by
the Department
|
20 |
| OBRE ;
|
21 |
| (2) paying the required fees; and
|
22 |
| (3) providing evidence of successful completion of the |
23 |
| continuing
education requirements through courses approved |
24 |
| by the Department
OBRE from
education providers licensed by |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
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|
1 |
| the Department
OBRE , as established by the AQB
and by rule.
|
2 |
| (b) A State certified general real estate appraiser
or |
3 |
| State certified
residential real estate
appraiser whose |
4 |
| license under this Act has expired may renew
the license for a |
5 |
| period of
2 years following the expiration date by complying |
6 |
| with the requirements of
paragraphs (1), (2),
and (3) of |
7 |
| subsection (a)
of this Section and paying any late penalties |
8 |
| established by rule.
|
9 |
| (c) (Blank).
A State licensed real estate appraiser's |
10 |
| license
issued pursuant to a
predecessor Act shall continue in |
11 |
| effect until the earlier of its expiration
date or September |
12 |
| 30, 2003. The holder of such a license may not
renew the |
13 |
| license for any period after
September 30, 2003, but may |
14 |
| convert the license to an associate real estate
appraiser |
15 |
| license under this Act until
September 30, 2003 pursuant to |
16 |
| subsection (b) of Section 5-20 of this Act.
|
17 |
| (d) The expiration date and renewal period for an associate |
18 |
| real estate
trainee appraiser license issued under this
Act |
19 |
| shall be set by rule. Except as otherwise provided in |
20 |
| subsections (e) and
(f) of this Section, the holder
of an |
21 |
| associate real estate appraiser license may renew the license |
22 |
| within 90
days preceding the expiration date by:
|
23 |
| (1) completing and submitting to the Department
OBRE a |
24 |
| renewal application form as
provided by the Department
|
25 |
| OBRE ;
|
26 |
| (2) paying the required fees; and
|
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
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|
1 |
| (3) providing evidence of successful completion of the |
2 |
| continuing
education requirements through
courses approved |
3 |
| by the Department
OBRE from education providers approved
by |
4 |
| the Department
OBRE , as established by rule.
|
5 |
| (e) Any associate real estate appraiser trainee whose |
6 |
| license under this Act has
expired may
renew the license for a |
7 |
| period of 2 years following the expiration date
by complying |
8 |
| with the requirements of paragraphs
(1), (2), and (3) of |
9 |
| subsection (d) of this Section and paying any late
penalties
as |
10 |
| established by rule. An associate real estate trainee appraiser |
11 |
| license may not be renewed more than 2 times.
|
12 |
| (f) Notwithstanding subsections (c) and (e), an
appraiser |
13 |
| whose license
under this Act has expired may renew or convert |
14 |
| the license without
paying any lapsed renewal
fees or late |
15 |
| penalties if the license expired while the appraiser was:
|
16 |
| (1) on active duty with the United States Armed |
17 |
| Services;
|
18 |
| (2) serving as the Coordinator
Director of Real Estate |
19 |
| Appraisal or an employee of
the Department
OBRE who was |
20 |
| required to surrender his or her license during the term of
|
21 |
| employment.
|
22 |
| Application for renewal must be made within 2 years |
23 |
| following
the termination of the military service or related |
24 |
| education, training, or
employment. The
licensee shall furnish |
25 |
| the Department
OBRE with an affidavit that he or she was so |
26 |
| engaged.
|
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
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|
1 |
| (g) The Department
OBRE shall provide reasonable care and |
2 |
| due diligence to ensure that each
licensee under this Act
is |
3 |
| provided with a renewal application at least 90 days prior to |
4 |
| the expiration
date, but
each licensee is responsible to
timely |
5 |
| renew or convert his or her license prior to its expiration |
6 |
| date.
|
7 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
8 |
| (225 ILCS 458/5-30)
|
9 |
| (Section scheduled to be repealed on January 1, 2012)
|
10 |
| Sec. 5-30. Endorsement Reciprocity; consent to |
11 |
| jurisdiction . The Department may issue an (a) A nonresident who |
12 |
| holds a valid appraiser license , without the required |
13 |
| examination, to an applicant licensed by another issued to him |
14 |
| or her
by the
proper licensing authority
of a state, territory, |
15 |
| possession of the United States, or the District of
Columbia , |
16 |
| if (i) the that has licensing
requirements of that licensing |
17 |
| authority are, on the date of licensure, substantially equal to |
18 |
| or substantially equivalent to the requirements set forth under |
19 |
| this Act or to a person who, at the time of his or her |
20 |
| application, possessed individual qualifications that were |
21 |
| substantially equivalent to the requirements of this Act or |
22 |
| (ii) of the
State of Illinois and otherwise
meets the |
23 |
| requirements for licensure may obtain a license without |
24 |
| examination,
provided that:
(1)
OBRE has entered into a valid |
25 |
| reciprocal agreement with the proper
licensing authority
of the |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
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|
1 |
| state, territory, or possession of the United States, or the |
2 |
| District of
Columbia;
(2) the applicant provides the Department
|
3 |
| OBRE with evidence a certificate of good standing from
the |
4 |
| licensing authority of the applicant's place of residence or by
|
5 |
| an Appraisal Subcommittee National Registry
registry history |
6 |
| report . An applicant under this Section shall pay all of the |
7 |
| required fees. ;
(3) the applicant completes and submits an |
8 |
| application as provided by
OBRE and
the applicant pays all |
9 |
| applicable fees
required under this Act.
|
10 |
| (b) A nonresident applicant shall file an irrevocable |
11 |
| consent with OBRE
authorizing that actions may be
commenced |
12 |
| against the applicant or nonresident licensee in a court of
|
13 |
| competent jurisdiction in the State
of Illinois by the service |
14 |
| of summons, process, or other pleading authorized by
law upon |
15 |
| the
Commissioner. The consent shall stipulate and agree that |
16 |
| service of the
summons, process, or pleading
upon the |
17 |
| Commissioner shall be taken and held in all courts to be valid |
18 |
| and
binding as if actual service
had been made upon the |
19 |
| nonresident licensee in Illinois. If a summons,
process, or |
20 |
| other pleading is
served upon the Commissioner, it shall be by |
21 |
| duplicate copies, one of which
shall be retained by OBRE
and |
22 |
| the other of which shall be immediately forwarded by certified |
23 |
| or
registered mail to the last
known address of the nonresident |
24 |
| licensee against whom the summons, process, or
other pleading |
25 |
| may be directed .
|
26 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| (225 ILCS 458/5-35)
|
2 |
| (Section scheduled to be repealed on January 1, 2012)
|
3 |
| Sec. 5-35. Pre-license education requirements.
|
4 |
| (a) The prerequisite
classroom hours necessary for a person |
5 |
| to be
approved to sit for the examination for licensure as a
|
6 |
| State
certified general real
estate
appraiser
or
a State |
7 |
| certified residential
real estate appraiser
shall be in |
8 |
| accordance with AQB criteria and established
by rule.
|
9 |
| (b) The prerequisite classroom hours necessary for a person
|
10 |
| to sit for the examination for licensure as an associate real
|
11 |
| estate trainee appraiser shall be established by rule.
|
12 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
13 |
| (225 ILCS 458/5-40)
|
14 |
| (Section scheduled to be repealed on January 1, 2012)
|
15 |
| Sec. 5-40. Pre-license experience requirements. The
|
16 |
| prerequisite experience necessary for a person to be approved |
17 |
| to sit for the
examination
for licensure as a State certified |
18 |
| general real estate
appraiser or a State certified
residential |
19 |
| real
estate appraiser shall be in accordance with AQB criteria |
20 |
| and established by
rule.
|
21 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
22 |
| (225 ILCS 458/5-45)
|
23 |
| (Section scheduled to be repealed on January 1, 2012)
|
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| Sec. 5-45. Continuing education renewal requirements.
|
2 |
| (a) The continuing education requirements for a person to |
3 |
| renew a license as
a State certified general
real estate |
4 |
| appraiser
or
a State certified residential real estate |
5 |
| appraiser
shall be in accordance with AQB criteria and
|
6 |
| established by rule.
|
7 |
| (b) The continuing education requirements for a person to
|
8 |
| renew a license as an associate real estate trainee appraiser |
9 |
| shall be
established by rule.
|
10 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
11 |
| (225 ILCS 458/5-55)
|
12 |
| (Section scheduled to be repealed on January 1, 2012)
|
13 |
| Sec. 5-55. Fees. The Department
OBRE shall establish rules |
14 |
| for fees to be paid by applicants and licensees to
cover the |
15 |
| reasonable costs
of the Department
OBRE in administering and |
16 |
| enforcing the provisions of this Act. The Department
OBRE may
|
17 |
| also establish rules for
general fees to cover the reasonable |
18 |
| expenses of carrying out other functions
and responsibilities |
19 |
| under
this Act.
|
20 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
21 |
| (225 ILCS 458/10-5)
|
22 |
| (Section scheduled to be repealed on January 1, 2012)
|
23 |
| Sec. 10-5. Scope of practice.
|
24 |
| (a) This Act does not limit a
State
certified general real |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
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|
1 |
| estate appraiser
in his or
her scope of practice in
a federally |
2 |
| related transaction. A certified general real estate appraiser
|
3 |
| may independently provide
appraisal
services, review, or |
4 |
| consulting
relating to any type of property for which he or she |
5 |
| has experience or
and is
competent. All such appraisal
practice |
6 |
| must be made in accordance with the provisions of USPAP, |
7 |
| criteria
established by the AQB, and rules adopted pursuant to |
8 |
| this Act.
|
9 |
| (b) A State certified residential real estate appraiser is |
10 |
| limited in his or
her scope of practice
in a
federally related |
11 |
| transaction as provided by Title XI,
the provisions of USPAP, |
12 |
| criteria established by the AQB, and the
rules adopted pursuant |
13 |
| to this Act.
|
14 |
| (c) A State certified residential real estate appraiser |
15 |
| must have a State certified general real estate appraiser who |
16 |
| holds a valid license under this Act co-sign all appraisal |
17 |
| reports on properties other than one to 4 units of residential |
18 |
| real property without regard to transaction value or |
19 |
| complexity.
A State licensed real estate appraiser is limited |
20 |
| in his or her scope of
practice in a federally
related |
21 |
| transaction
as provided by Title XI, the
provisions of USPAP, |
22 |
| criteria established by the AQB, and the
rules adopted pursuant |
23 |
| to this Act. No State licensed
real estate appraiser license |
24 |
| shall be issued on or after
September 30, 2003 under this Act.
|
25 |
| (d) An associate real estate trainee appraiser is limited |
26 |
| in his or her scope of
practice in all transactions in |
|
|
|
09500HB5067ham002 |
- 26 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| accordance with the provisions of
USPAP, this
Act, and the |
2 |
| rules adopted pursuant to this Act. In addition,
an associate |
3 |
| real estate trainee appraiser shall be required to have
a State |
4 |
| certified
general real estate
appraiser or State certified |
5 |
| residential real estate appraiser who holds a
valid license |
6 |
| under this Act
to co-sign all appraisal reports. The associate |
7 |
| real estate trainee appraiser licensee may not have more than 3 |
8 |
| supervising appraisers, and a supervising appraiser may not |
9 |
| supervise more than 3 associate real estate trainee appraisers |
10 |
| at one time. A chronological appraisal log on an approved log |
11 |
| form shall be maintained by the associate real estate trainee |
12 |
| appraiser and shall be made available to the Department upon |
13 |
| request.
|
14 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
15 |
| (225 ILCS 458/10-10)
|
16 |
| (Section scheduled to be repealed on January 1, 2012)
|
17 |
| Sec. 10-10. Standards of practice. All persons licensed |
18 |
| under this Act
must comply with standards
of professional |
19 |
| appraisal practice adopted by the Department
OBRE . The |
20 |
| Department
OBRE must adopt, as part
of
its rules, the Uniform
|
21 |
| Standards of Professional Appraisal Practice (USPAP) as |
22 |
| published from time to time by
the Appraisal Standards
Board of |
23 |
| the Appraisal Foundation. The Department
OBRE shall consider |
24 |
| federal laws and
regulations regarding the
licensure of real |
25 |
| estate appraisers prior to adopting its rules for the
|
|
|
|
09500HB5067ham002 |
- 27 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| administration of this Act.
|
2 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
3 |
| (225 ILCS 458/10-20)
|
4 |
| (Section scheduled to be repealed on January 1, 2012)
|
5 |
| Sec. 10-20. Retention of records. A person licensed under |
6 |
| this Act shall
retain the original
copy of all written |
7 |
| contracts engaging his or her services as an appraiser and
all |
8 |
| appraisal
reports, including any supporting data used to |
9 |
| develop the appraisal report,
for a period of 5 years or 2
|
10 |
| years after the final disposition of any judicial proceeding in |
11 |
| which testimony
was given, whichever is
longer. In addition, a |
12 |
| person licensed under this Act shall retain contracts,
logs, |
13 |
| and appraisal reports used
in meeting pre-license experience |
14 |
| requirements for a period of 5 years and shall be made |
15 |
| available to the Department upon request .
|
16 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
17 |
| (225 ILCS 458/15-5)
|
18 |
| (Section scheduled to be repealed on January 1, 2012)
|
19 |
| Sec. 15-5. Unlicensed practice; civil penalty; injunctive |
20 |
| relief ; unlawful influence .
|
21 |
| (a) A person who violates Section 5-5 of this Act
shall, in |
22 |
| addition to any other penalty provided by law, pay a civil |
23 |
| penalty
to the Department
OBRE in an amount not
to exceed |
24 |
| $25,000
$10,000 for each violation as determined by the |
|
|
|
09500HB5067ham002 |
- 28 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| Secretary
Commissioner . The
civil penalty shall
be assessed by |
2 |
| the Secretary
Commissioner after a hearing in accordance with |
3 |
| the provisions of this Act regarding the provision of a hearing |
4 |
| for the discipline of a license .
|
5 |
| (b) The Department
OBRE has the authority to investigate |
6 |
| any activity that may violate
this Act.
|
7 |
| (c) A civil penalty imposed pursuant to subsection (a) |
8 |
| shall be paid within
60 days after the effective date
of the |
9 |
| order imposing the
civil penalty. The order shall constitute a |
10 |
| judgment and may be filed and executed in the same manner as |
11 |
| any judgment from any court of record
OBRE may petition the |
12 |
| circuit court for a judgment to
enforce the
collection of the |
13 |
| penalty .
Any civil penalty collected under this Act shall be |
14 |
| made payable to the Department of Financial and Professional |
15 |
| Regulation
Office of
Banks and Real Estate and
deposited into |
16 |
| the Appraisal Administration Fund. In addition to or in lieu of
|
17 |
| the imposition of a civil
penalty, the Department
OBRE may |
18 |
| report a violation of this Act or the failure or refusal to
|
19 |
| comply with an order of the Department
OBRE to the Attorney |
20 |
| General or to the appropriate State's Attorney.
|
21 |
| (d) Practicing as an appraiser without holding a valid |
22 |
| license as required
under this Act
is declared
to be adverse to |
23 |
| the public welfare, to constitute a public nuisance, and to
|
24 |
| cause irreparable harm to the
public welfare. The Secretary
|
25 |
| Commissioner , the Attorney General, or the State's
Attorney
of |
26 |
| any county in the State
may maintain an action for injunctive |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| relief in any circuit court to enjoin any
person from
engaging |
2 |
| in such practice.
|
3 |
| Upon the filing of a verified petition in a circuit court, |
4 |
| the court, if
satisfied by affidavit or otherwise that
a person |
5 |
| has been engaged in the practice of real estate appraisal |
6 |
| without a
valid license,
may enter a temporary restraining |
7 |
| order without notice or bond
enjoining the defendant
from |
8 |
| further practice. The showing of non-licensure, by affidavit or
|
9 |
| otherwise, is sufficient
for the issuance of a temporary |
10 |
| injunction.
If it is established that the defendant has been or |
11 |
| is engaged
in unlawful practice, the court
may enter an order |
12 |
| or judgment perpetually enjoining the defendant from further
|
13 |
| unlawful practice. In all
proceedings under this Section, the |
14 |
| court, in its discretion, may apportion the
costs among the |
15 |
| parties interested
in the action, including the cost of filing |
16 |
| the complaint, service of process,
witness fees and expenses, |
17 |
| court
reporter charges, and reasonable attorneys' fees.
These |
18 |
| injunction proceedings shall be in addition to, and not in lieu |
19 |
| of, all
penalties and other remedies
provided in this Act.
|
20 |
| (e) No person shall influence or attempt to influence |
21 |
| through coercion, extortion, or bribery the independent |
22 |
| judgment of an appraiser licensed or certified under this Act |
23 |
| in the development, reporting, result, or review of a real |
24 |
| estate appraisal. A person who violates this subsection (e) is |
25 |
| guilty of a Class A misdemeanor for the first offense and a |
26 |
| Class 4 felony for any subsequent offense.
|
|
|
|
09500HB5067ham002 |
- 30 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
2 |
| (225 ILCS 458/15-10)
|
3 |
| (Section scheduled to be repealed on January 1, 2012)
|
4 |
| Sec. 15-10. Grounds for disciplinary action.
|
5 |
| (a) The Department
Office of Banks and Real Estate may |
6 |
| suspend, revoke,
refuse to issue , or
renew , or restore a |
7 |
| license and may reprimand place on probation or administrative
|
8 |
| supervision,
or take any disciplinary or non-disciplinary |
9 |
| action otherwise discipline a licensee , including
imposing
|
10 |
| conditions limiting the scope, nature, or extent of the real |
11 |
| estate appraisal
practice of a
licensee or reducing the |
12 |
| appraisal rank of a licensee,
and may impose an administrative |
13 |
| fine
a civil penalty not to exceed $25,000 for each violation |
14 |
| $10,000 upon a licensee
for one or any one or combination of |
15 |
| the following:
|
16 |
| (1) Procuring or attempting to procure a license by |
17 |
| knowingly making a
false statement,
submitting false |
18 |
| information, engaging in any form of fraud or
|
19 |
| misrepresentation,
or refusing
to provide complete |
20 |
| information in response to a question in an application for
|
21 |
| licensure.
|
22 |
| (2) Failing to meet the minimum qualifications for |
23 |
| licensure as an
appraiser established by this
Act.
|
24 |
| (3) Paying money, other than for the fees provided for |
25 |
| by this Act, or
anything of value to a
member or employee |
|
|
|
09500HB5067ham002 |
- 31 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| of the Board or the Department
Office of Banks and Real |
2 |
| Estate to procure
licensure
under this Act.
|
3 |
| (4) Conviction of or entry of a plea of guilty or nolo |
4 |
| contendere to Being convicted of any crime that is a felony |
5 |
| under the laws of the United States or any state or |
6 |
| territory thereof or a misdemeanor of which , an essential |
7 |
| element of which is
dishonesty , fraud, theft, or
|
8 |
| embezzlement, or obtaining money, property, or credit by |
9 |
| false pretenses, or
any other crime
that is directly |
10 |
| reasonably related to the practice of the profession real |
11 |
| estate appraisal or a
conviction in any state
or federal |
12 |
| court of any felony .
|
13 |
| (5) Committing an act or omission involving |
14 |
| dishonesty, fraud, or
misrepresentation with the intent to
|
15 |
| substantially benefit the licensee or another person or |
16 |
| with intent to
substantially injure
another person as |
17 |
| defined by rule.
|
18 |
| (6) Violating a provision or standard for the |
19 |
| development or
communication of real estate
appraisals as |
20 |
| provided in Section 10-10 of this Act or as defined by |
21 |
| rule.
|
22 |
| (7) Failing or refusing without good cause to exercise |
23 |
| reasonable
diligence in developing, reporting,
or |
24 |
| communicating an appraisal, as defined by this Act or by |
25 |
| rule.
|
26 |
| (8) Violating a provision of this Act or the rules |
|
|
|
09500HB5067ham002 |
- 32 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| adopted pursuant to
this Act.
|
2 |
| (9) Having been disciplined by another state, the |
3 |
| District of Columbia, a
territory, a foreign nation,
a |
4 |
| governmental agency, or any other entity authorized to |
5 |
| impose discipline if
at least one of
the grounds for that |
6 |
| discipline is the same as or the equivalent of one of the
|
7 |
| grounds for
which a licensee may be disciplined under this |
8 |
| Act.
|
9 |
| (10) Engaging in dishonorable, unethical, or |
10 |
| unprofessional conduct of a
character likely to
deceive, |
11 |
| defraud, or harm the public.
|
12 |
| (11) Accepting an appraisal assignment when the |
13 |
| employment
itself is contingent
upon the appraiser |
14 |
| reporting a predetermined estimate, analysis, or opinion |
15 |
| or
when the fee
to be paid is contingent upon the opinion, |
16 |
| conclusion, or valuation reached or
upon the
consequences |
17 |
| resulting from the appraisal assignment.
|
18 |
| (12) Developing valuation conclusions based on the |
19 |
| race, color, religion,
sex, national origin,
ancestry, |
20 |
| age, marital status, family status, physical or mental |
21 |
| handicap, or
unfavorable
military discharge, as defined |
22 |
| under the Illinois Human Rights Act, of the
prospective or
|
23 |
| present owners or occupants of the area or property under |
24 |
| appraisal.
|
25 |
| (13) Violating the confidential nature of government |
26 |
| records to which
the licensee gained
access through |
|
|
|
09500HB5067ham002 |
- 33 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| employment or engagement as an appraiser by a government |
2 |
| agency.
|
3 |
| (14) Being adjudicated liable in a civil proceeding on |
4 |
| grounds of
fraud, misrepresentation, or
deceit. In a |
5 |
| disciplinary proceeding based upon a finding of civil |
6 |
| liability,
the appraiser shall
be afforded an opportunity |
7 |
| to present mitigating and extenuating circumstances,
but |
8 |
| may not
collaterally attack the civil adjudication.
|
9 |
| (15) Being adjudicated liable in a civil proceeding for |
10 |
| violation of
a state or federal fair
housing law.
|
11 |
| (16) Engaging in misleading or untruthful advertising |
12 |
| or using a trade
name or insignia of
membership in a real |
13 |
| estate appraisal or real estate organization of
which the |
14 |
| licensee is
not a member.
|
15 |
| (17) Failing to fully cooperate with a Department an
|
16 |
| OBRE investigation by knowingly
making a false
statement, |
17 |
| submitting false or misleading information, or refusing to |
18 |
| provide
complete information in response to written
|
19 |
| interrogatories or a written
request for documentation |
20 |
| within 30 days of the request.
|
21 |
| (18) Failing to include within the certificate of |
22 |
| appraisal for all
written appraisal reports the |
23 |
| appraiser's license number and licensure title.
All |
24 |
| appraisers providing significant contribution to the |
25 |
| development and
reporting of an appraisal must be disclosed |
26 |
| in the appraisal report. It is a
violation of this Act for |
|
|
|
09500HB5067ham002 |
- 34 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| an
appraiser to sign a report,
transmittal letter, or |
2 |
| appraisal certification knowing that a person providing
a |
3 |
| significant
contribution to the report has not been |
4 |
| disclosed in the appraisal report.
|
5 |
| (19) Violating the terms of a disciplinary order or |
6 |
| consent to administrative supervision order. |
7 |
| (20) Habitual or excessive use or addiction to alcohol, |
8 |
| narcotics, stimulants, or any other chemical agent or drug |
9 |
| that results in a licensee's inability to practice with |
10 |
| reasonable judgment, skill, or safety. |
11 |
| (21) A physical or mental illness or disability which |
12 |
| results in the inability to practice under this Act with |
13 |
| reasonable judgment, skill, or safety.
|
14 |
| (22) Gross negligence in developing an appraisal or in |
15 |
| communicating an appraisal or failing to observe one or |
16 |
| more of the Uniform Standards of Professional Appraisal |
17 |
| Practice. |
18 |
| (23) A pattern of practice or other behavior that |
19 |
| demonstrates incapacity or incompetence to practice under |
20 |
| this Act. |
21 |
| (24) Using or attempting to use the seal, certificate, |
22 |
| or license of another as his or her own; falsely |
23 |
| impersonating any duly licensed appraiser; using or |
24 |
| attempting to use an inactive, expired, suspended, or |
25 |
| revoked license; or aiding or abetting any of the |
26 |
| foregoing. |
|
|
|
09500HB5067ham002 |
- 35 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| (25) Solicitation of professional services by using |
2 |
| false, misleading, or deceptive advertising. |
3 |
| (26) Making a material misstatement in furnishing |
4 |
| information to the Department. |
5 |
| (27) Failure to furnish information to the Department |
6 |
| upon written request. |
7 |
| (b) The Department
Office of Banks and Real Estate may |
8 |
| reprimand suspend, revoke,
or refuse to issue or renew an |
9 |
| education provider's
license, may reprimand, place on |
10 |
| probation, or otherwise discipline
an education provider
and |
11 |
| may suspend or revoke the course approval of any course offered |
12 |
| by
an education provider and may impose an administrative fine
|
13 |
| a civil penalty not to exceed $25,000 $10,000 upon
an education |
14 |
| provider,
for any of the following:
|
15 |
| (1) Procuring or attempting to procure licensure by |
16 |
| knowingly making a
false statement,
submitting false |
17 |
| information, engaging in any form of fraud or
|
18 |
| misrepresentation, or
refusing to
provide complete |
19 |
| information in response to a question in an application for
|
20 |
| licensure.
|
21 |
| (2) Failing to comply with the covenants certified to |
22 |
| on the application
for licensure as an education provider.
|
23 |
| (3) Committing an act or omission involving |
24 |
| dishonesty, fraud, or
misrepresentation or allowing any |
25 |
| such act or omission by
any employee or contractor under |
26 |
| the control of the provider.
|
|
|
|
09500HB5067ham002 |
- 36 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| (4) Engaging in misleading or untruthful advertising.
|
2 |
| (5) Failing to retain competent instructors in |
3 |
| accordance with rules
adopted
under this Act.
|
4 |
| (6) Failing to meet the topic or time requirements for |
5 |
| course approval as
the provider of a pre-license
curriculum |
6 |
| course or a continuing education course.
|
7 |
| (7) Failing to administer an approved course using the |
8 |
| course materials,
syllabus, and examinations
submitted as |
9 |
| the basis of the course approval.
|
10 |
| (8) Failing to provide an appropriate classroom |
11 |
| environment for
presentation of courses, with
|
12 |
| consideration for student comfort, acoustics, lighting, |
13 |
| seating, workspace, and
visual aid material.
|
14 |
| (9) Failing to maintain student records in compliance |
15 |
| with the rules
adopted under this Act.
|
16 |
| (10) Failing to provide a certificate, transcript, or |
17 |
| other student
record to the Department
OBRE or to a student
|
18 |
| as may be required by rule.
|
19 |
| (11) Failing to fully cooperate with an OBRE
|
20 |
| investigation by the Department by knowingly
making a false
|
21 |
| statement, submitting false or misleading information, or |
22 |
| refusing to provide
complete information in response to |
23 |
| written interrogatories or a written
request for |
24 |
| documentation within 30 days of the request.
|
25 |
| (c) In appropriate cases, the Department
OBRE may resolve a |
26 |
| complaint against a licensee
through the issuance of a Consent |
|
|
|
09500HB5067ham002 |
- 37 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| to Administrative Supervision order.
A licensee subject to a |
2 |
| Consent to Administrative Supervision order
shall be |
3 |
| considered by the Department
OBRE
as an active licensee in good |
4 |
| standing. This order shall not be reported or
considered by the |
5 |
| Department
OBRE to be a discipline
of the licensee. The records |
6 |
| regarding an investigation and a Consent to
Administrative |
7 |
| Supervision order
shall be considered confidential and shall |
8 |
| not be released by the Department
OBRE except
as mandated by |
9 |
| law.
A complainant shall be notified if his or her complaint |
10 |
| has been resolved
by a Consent to
Administrative Supervision |
11 |
| order.
|
12 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
13 |
| (225 ILCS 458/15-15)
|
14 |
| (Section scheduled to be repealed on January 1, 2012)
|
15 |
| Sec. 15-15. Investigation; notice; hearing.
|
16 |
| (a) Upon the motion of the Department
Office of Banks and |
17 |
| Real Estate or the Board or
upon a complaint in
writing of a |
18 |
| person setting forth facts that, if proven, would constitute
|
19 |
| grounds for suspension, revocation,
or other disciplinary |
20 |
| action against a licensee or applicant for licensure, the |
21 |
| Department
Office of Banks and Real
Estate shall investigate |
22 |
| the actions of the licensee or applicant. If, upon |
23 |
| investigation, the Department believes that there may be cause |
24 |
| for suspension, revocation, or other disciplinary action, the |
25 |
| Department shall use the services of a State certified general |
|
|
|
09500HB5067ham002 |
- 38 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| real estate appraiser, a State certified residential real |
2 |
| estate appraiser, or the Real Estate Coordinator to assist in |
3 |
| determining whether grounds for disciplinary action exist |
4 |
| prior to commencing formal disciplinary proceedings.
|
5 |
| (b) Formal disciplinary proceedings shall commence upon |
6 |
| the issuance of a
written complaint
describing the charges that |
7 |
| are the basis of the disciplinary action and
delivery of the |
8 |
| detailed complaint to the address of
record of the licensee or |
9 |
| applicant. The Department
OBRE shall notify the licensee or
|
10 |
| applicant
to file a verified written
answer within 20 days |
11 |
| after the service of the notice and complaint.
The
notification |
12 |
| shall inform the licensee or applicant of his or her
right to |
13 |
| be heard in person or by
legal counsel; that the hearing will |
14 |
| be afforded not sooner than 30 days after
service
receipt of |
15 |
| the complaint
answer to the
specific charges ; that failure to |
16 |
| file an answer will result in a default being
entered against |
17 |
| the licensee or applicant;
that the license may be suspended, |
18 |
| revoked, or placed on
probationary status; and that other
|
19 |
| disciplinary action may be taken pursuant to this Act, |
20 |
| including limiting the
scope, nature, or extent of the |
21 |
| licensee's
practice. If the licensee or applicant fails to file |
22 |
| an answer after service of
notice, his or her license may,
at |
23 |
| the discretion of the Department
Office of Banks and Real |
24 |
| Estate , be suspended,
revoked, or placed on probationary
status |
25 |
| and the Department
Office of Banks and Real Estate may take |
26 |
| whatever disciplinary
action it deems proper,
including |
|
|
|
09500HB5067ham002 |
- 39 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| limiting the scope, nature, or extent of the person's practice,
|
2 |
| without a hearing.
|
3 |
| (c) At the time and place fixed in the notice, the Board |
4 |
| shall conduct
hearing of the charges, providing
both the |
5 |
| accused person and the complainant ample opportunity to present |
6 |
| in
person
or by counsel such statements, testimony, evidence, |
7 |
| and argument as may be
pertinent to the charges or
to a defense |
8 |
| thereto.
|
9 |
| (d) The Board shall present to the Secretary
Commissioner a |
10 |
| written report of its
findings and
recommendations. A copy of |
11 |
| the report shall be served upon the licensee or
applicant,
|
12 |
| either personally or by certified
mail. Within 20 days after |
13 |
| the service, the licensee or applicant may present
the |
14 |
| Secretary
Commissioner with a motion in writing
for either a |
15 |
| rehearing, a proposed finding of fact, a conclusion of law, or |
16 |
| an
alternative sanction, and shall
specify the particular |
17 |
| grounds for the request. If the accused orders a
transcript of |
18 |
| the record
as provided in this Act, the time elapsing |
19 |
| thereafter and before the transcript
is ready for delivery to |
20 |
| the
accused shall not be counted as part of the 20 days. If the |
21 |
| Secretary
Commissioner is
not satisfied that
substantial |
22 |
| justice has been done, the Secretary
Commissioner may order a |
23 |
| rehearing by
the Board or other
special committee appointed by |
24 |
| the Secretary
Commissioner , may remand the matter to the
Board |
25 |
| for its
reconsideration of the matter based on the pleadings |
26 |
| and evidence presented to
the Board, or may enter
a final order |
|
|
|
09500HB5067ham002 |
- 40 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| in contravention of the Board's recommendation. In all
|
2 |
| instances under this Act in which
the Board has rendered a |
3 |
| recommendation to the Secretary
Commissioner with respect to a
|
4 |
| particular licensee or
applicant, the Secretary
Commissioner , |
5 |
| if he or she disagrees with
the recommendation of the Board, |
6 |
| shall file with the Board and provide to the
licensee or |
7 |
| applicant a copy of the Secretary's
Commissioner's specific |
8 |
| written reasons for
disagreement with the Board. The reasons |
9 |
| shall be filed within 60 days of the
Board's recommendation
to |
10 |
| the Secretary
Commissioner and prior to any contrary action. |
11 |
| Notwithstanding a licensee's or applicant's failure to file a |
12 |
| motion for rehearing
At the expiration of the
time specified |
13 |
| for filing
a motion for a rehearing , the Secretary
Commissioner
|
14 |
| shall have the right to take any of
the actions specified in |
15 |
| this
subsection (d). Upon the suspension or revocation of a |
16 |
| license, the licensee
shall
be required to surrender his
or her |
17 |
| license to the Department
OBRE , and upon failure or refusal to |
18 |
| do so, the Department
OBRE
shall have
the right to seize the
|
19 |
| license.
|
20 |
| (e) The Department
Office of Banks and Real Estate has the |
21 |
| power to issue subpoenas and
subpoenas duces tecum
to bring |
22 |
| before it any person in this State, to take testimony, or to |
23 |
| require
production of any records
relevant to an inquiry or |
24 |
| hearing by the Board in the same manner as prescribed
by law in |
25 |
| judicial
proceedings in the courts of this State. In a case of |
26 |
| refusal of a witness to
attend, testify, or to produce
books or |
|
|
|
09500HB5067ham002 |
- 41 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| papers concerning a matter upon which he or she might be |
2 |
| lawfully
examined, the circuit court
of the county where the |
3 |
| hearing is held, upon application of the Department
Office of
|
4 |
| Banks and Real Estate or any
party to the proceeding, may |
5 |
| compel obedience by proceedings as for contempt.
|
6 |
| (f) Any license that is suspended indefinitely or revoked |
7 |
| may not be
restored for a minimum period
of 2 years, or as |
8 |
| otherwise ordered by the Secretary
Commissioner .
|
9 |
| (g) In addition to the provisions of this Section |
10 |
| concerning the conduct of
hearings and the
recommendations for |
11 |
| discipline, the Department
OBRE has the authority to negotiate
|
12 |
| disciplinary and non-disciplinary
settlement agreements |
13 |
| concerning any license issued under this Act. All such
|
14 |
| agreements shall be
recorded as Consent Orders or Consent to |
15 |
| Administrative Supervision Orders.
|
16 |
| (h) The Secretary
Commissioner shall have the authority to |
17 |
| appoint an attorney duly
licensed to practice law in the
State |
18 |
| of Illinois to serve as the hearing officer in any action to |
19 |
| suspend,
revoke, or otherwise discipline
any license issued by |
20 |
| the Department
Office of Banks and Real Estate . The Hearing |
21 |
| Officer
shall have full authority
to conduct the hearing.
|
22 |
| (i) The Department
OBRE , at its expense, shall preserve a |
23 |
| record of all formal hearings of
any contested case involving
|
24 |
| the discipline of a license. At all hearings or pre-hearing |
25 |
| conferences, the Department
OBRE and the licensee shall be
|
26 |
| entitled to have the proceedings transcribed by a certified |
|
|
|
09500HB5067ham002 |
- 42 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| shorthand reporter.
A copy of the transcribed
proceedings shall |
2 |
| be made available to the licensee by the certified shorthand
|
3 |
| reporter upon payment of
the prevailing contract copy rate.
|
4 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
5 |
| (225 ILCS 458/15-17 new)
|
6 |
| (Section scheduled to be repealed on January 1, 2012) |
7 |
| Sec. 15-17. Temporary suspension. The Secretary may |
8 |
| temporarily suspend the license of a licensee without a |
9 |
| hearing, simultaneously with the institution of proceedings |
10 |
| for a hearing provided in Section 15-10 of this Act, if the |
11 |
| Secretary finds that the public interest, safety, or welfare |
12 |
| requires such emergency action. In the event that the Secretary |
13 |
| temporarily suspends a license without a hearing before the |
14 |
| Board, a hearing shall be held within 30 days after the |
15 |
| suspension has occurred. The suspended licensee may seek a |
16 |
| continuance of the hearing, during which time the suspension |
17 |
| shall remain in effect. The proceeding shall be concluded |
18 |
| without appreciable delay. If the Department does not hold a |
19 |
| hearing within 30 days after the date of suspension, the |
20 |
| licensee's license shall be automatically reinstated. |
21 |
| (225 ILCS 458/15-18 new)
|
22 |
| Sec. 15-18. Report of fraud. Whenever the Secretary becomes |
23 |
| aware, based on reliable information, that any person or entity |
24 |
| regulated by the Department, other than a person or entity |
|
|
|
09500HB5067ham002 |
- 43 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| regulated under this Act, is engaged or has been engaged in |
2 |
| real estate appraising for mortgage loan purposes in a manner |
3 |
| that constitutes fraud or misrepresentation or constitutes |
4 |
| dishonest, unethical, or unprofessional conduct of a character |
5 |
| likely to defraud or harm the public, the Secretary shall refer |
6 |
| that matter in a timely manner to the appropriate disciplinary |
7 |
| board or investigative body charged with investigating and |
8 |
| prosecuting the unlawful conduct of such regulated person or |
9 |
| entity and may also refer the matter to the Attorney General or |
10 |
| other appropriate law enforcement agency, as deemed |
11 |
| appropriate by the Secretary.
|
12 |
| (225 ILCS 458/15-20)
|
13 |
| (Section scheduled to be repealed on January 1, 2012)
|
14 |
| Sec. 15-20. Administrative Review Law; certification fees; |
15 |
| Administrative
Procedure Act.
|
16 |
| (a) All final administrative decisions of the Secretary
|
17 |
| Commissioner under this Act
are subject to
judicial review |
18 |
| pursuant to the
provisions of the Administrative Review Law and |
19 |
| the rules adopted pursuant
thereto. The term
"administrative |
20 |
| decision" has the meaning ascribed to it in Section
3-101 of |
21 |
| the
Administrative Review Law.
|
22 |
| (b) The Department
OBRE shall not be required to certify |
23 |
| any record, file any answer or
otherwise appear unless the
|
24 |
| party filing the administrative review complaint pays the |
25 |
| certification fee to the Department
OBRE as provided by rule.
|
|
|
|
09500HB5067ham002 |
- 44 - |
LRB095 17131 RAS 50141 a |
|
|
1 |
| Failure on the part of the plaintiff to make such a deposit |
2 |
| shall be grounds
for dismissal of the action.
|
3 |
| (c) The Administrative Procedures Act is hereby expressly |
4 |
| adopted
and incorporated herein. In the event of a conflict |
5 |
| between
this Act and the Administrative Procedures Act, this |
6 |
| Act shall
control.
|
7 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
8 |
| (225 ILCS 458/15-30)
|
9 |
| (Section scheduled to be repealed on January 1, 2012)
|
10 |
| Sec. 15-30. Statute of limitations. No action may be taken |
11 |
| under this
Act against a person licensed
under this Act unless |
12 |
| the action is commenced within 5 years after the
occurrence of |
13 |
| the alleged violation or at least 2 years after final |
14 |
| disposition of any judicial proceeding in which the appraiser |
15 |
| provided testimony related to the assignment, whichever period |
16 |
| expires last .
A continuing violation is deemed to have occurred |
17 |
| on the date when the
circumstances last existed
that gave rise |
18 |
| to the alleged continuing violation.
|
19 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
20 |
| (225 ILCS 458/15-35)
|
21 |
| (Section scheduled to be repealed on January 1, 2012)
|
22 |
| Sec. 15-35. Signature of the Secretary
Commissioner . An |
23 |
| order of revocation or
suspension or a certified
copy of the |
24 |
| order, bearing the seal of the Department
OBRE and purporting |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| to be signed by the Secretary
Commissioner , shall be prima
|
2 |
| facie proof that:
|
3 |
| (1) the signature is the genuine signature of the |
4 |
| Secretary
Commissioner ;
|
5 |
| (2) the Secretary
Commissioner is duly appointed and |
6 |
| qualified; and
|
7 |
| (3) the Board and the members thereof are qualified.
|
8 |
| This proof may be rebutted.
|
9 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
10 |
| (225 ILCS 458/15-40)
|
11 |
| (Section scheduled to be repealed on January 1, 2012)
|
12 |
| Sec. 15-40. Violation of tax Acts. The Department
OBRE may |
13 |
| refuse to issue or renew or
may suspend the license
of any |
14 |
| person who fails to file a return, pay the tax, penalty, or |
15 |
| interest
shown in a filed return, or pay any
final assessment |
16 |
| of tax, penalty, or interest, as required by any tax Act
|
17 |
| administered by the Department
of Revenue, until such time as |
18 |
| the requirements of that tax Act are
satisfied.
|
19 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
20 |
| (225 ILCS 458/15-45)
|
21 |
| (Section scheduled to be repealed on January 1, 2012)
|
22 |
| Sec. 15-45. Disciplinary action for educational loan |
23 |
| defaults. The Department
OBRE shall
deny a license or renewal
|
24 |
| authorized by this Act to a person who has defaulted on an |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| educational loan or
scholarship provided or
guaranteed by the |
2 |
| Illinois Student Assistance Commission or any governmental
|
3 |
| agency of this State;
however, the Department
OBRE may issue a |
4 |
| license or renewal if the person has established a
satisfactory |
5 |
| repayment
record as determined by the Illinois Student |
6 |
| Assistance Commission or other
appropriate governmental
agency |
7 |
| of this State. Additionally, a license issued by the Department
|
8 |
| OBRE may be suspended
or revoked if the Secretary
Commissioner , |
9 |
| after the opportunity for a hearing under this Act, finds that
|
10 |
| the licensee has failed to
make satisfactory repayment to the |
11 |
| Illinois Student Assistance Commission for a
delinquent or |
12 |
| defaulted
loan.
|
13 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
14 |
| (225 ILCS 458/15-50)
|
15 |
| (Section scheduled to be repealed on January 1, 2012)
|
16 |
| Sec. 15-50. Nonpayment of child support. In cases where the |
17 |
| Department of Healthcare and Family Services (formerly
|
18 |
| Department of
Public Aid) has
previously determined that a |
19 |
| licensee or a potential licensee is more than 30
days |
20 |
| delinquent in the
payment of child support and has subsequently |
21 |
| certified the delinquency to
the Department OBRE , the |
22 |
| Department OBRE may refuse
to issue or renew or may revoke or |
23 |
| suspend that person's license or may take
other disciplinary |
24 |
| action
against that person based solely upon the certification |
25 |
| of delinquency made by
the Department of Healthcare and Family |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| Services (formerly Department of Public
Aid). Redetermination |
2 |
| of the delinquency by the Department OBRE shall not be |
3 |
| required. In cases
regarding the renewal
of a license, the |
4 |
| Department OBRE shall not renew any license if the Department |
5 |
| of Healthcare and Family Services (formerly Department of |
6 |
| Public Aid)
has certified the licensee
to be more than 30 days |
7 |
| delinquent in the payment of child support, unless the
licensee |
8 |
| has arranged for
payment of past and current child support |
9 |
| obligations in a manner satisfactory
to the Department of |
10 |
| Healthcare and Family Services (formerly Department of
Public |
11 |
| Aid). The Department OBRE may impose conditions, restrictions, |
12 |
| or disciplinary action
upon that renewal.
|
13 |
| (Source: P.A. 95-331, eff. 8-21-07.)
|
14 |
| (225 ILCS 458/15-55)
|
15 |
| (Section scheduled to be repealed on January 1, 2012)
|
16 |
| Sec. 15-55. Checks or orders to Department dishonored |
17 |
| because of insufficient funds Returned checks; penalty; |
18 |
| termination . Any A person who
delivers a check or other
payment |
19 |
| to the Department
OBRE that is returned to
the Department OBRE |
20 |
| unpaid by the financial institution
upon which it was drawn
|
21 |
| shall pay to the Department
OBRE , in addition to the amount |
22 |
| already owed to the Department , a fine penalty of
$50. The |
23 |
| fines imposed by this Section are in addition to any other |
24 |
| discipline provided under this Act for unlicensed practice or |
25 |
| practice on a non-renewed license. The Department shall notify |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| the applicant or licensee that payment of fees and fines shall |
2 |
| be paid to the Department by certified check or money order |
3 |
| within 30 calendar days after the notification.
OBRE shall |
4 |
| notify the
person, by certified mail return receipt requested, |
5 |
| that his or her check or
payment was returned and that
the |
6 |
| person shall pay to
OBRE by certified check or money order the |
7 |
| amount of
the returned check plus
a $50 penalty within 30 |
8 |
| calendar days after the date of the notification.
If, after the |
9 |
| expiration of 30
calendar days of the notification, the person |
10 |
| has failed to remit the necessary
funds and penalty,
OBRE
shall |
11 |
| automatically terminate the license or deny the application |
12 |
| without
hearing. If the returned check
or other payment was for |
13 |
| issuance of a license under this Act and that person
practices |
14 |
| as an appraiser,
that person may be subject to discipline for |
15 |
| unlicensed practice as provided in
this Act. If, after
the |
16 |
| expiration of 30 days from the date of the notification |
17 |
| termination or denial , the person has failed to submit the |
18 |
| necessary remittance, the Department shall automatically |
19 |
| terminate the license or deny the application, without hearing. |
20 |
| If, after termination or denial, the person seeks a license, he |
21 |
| or she must apply to the Department for restoration or issuance |
22 |
| of the license and pay all fees and fines due to the |
23 |
| Department. The Department may establish a fee for the |
24 |
| processing of an application for restoration of a license to |
25 |
| pay all of the expenses of processing the application seeks a |
26 |
| license, he or she shall petition
OBRE
for restoration and he |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| or she
may be subject to additional discipline or fines . The |
2 |
| Secretary
Commissioner may waive
the fines penalties or fines |
3 |
| due
under this Section in individual cases where the Secretary
|
4 |
| Commissioner finds that the
penalties or fines would be
|
5 |
| unreasonable or unnecessarily burdensome.
|
6 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
7 |
| (225 ILCS 458/15-60)
|
8 |
| (Section scheduled to be repealed on January 1, 2012)
|
9 |
| Sec. 15-60. Cease and desist orders. The Department
OBRE
|
10 |
| may issue cease
and desist orders to persons who engage in |
11 |
| activities prohibited
by this Act. Any person in violation of a |
12 |
| cease and desist order
issued by the Department
OBRE is subject |
13 |
| to all of the penalties provided by law.
|
14 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
15 |
| (225 ILCS 458/20-5)
|
16 |
| (Section scheduled to be repealed on January 1, 2012)
|
17 |
| Sec. 20-5. Education providers.
|
18 |
| (a) Beginning July 1, 2002, only education providers |
19 |
| licensed by the Department
OBRE may
provide the pre-license and |
20 |
| continuing education courses required for licensure
under this |
21 |
| Act.
|
22 |
| (b) A person or entity seeking to be licensed as an |
23 |
| education
provider under this Act
shall provide satisfactory |
24 |
| evidence of the following:
|
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| (1) a sound financial base for establishing, |
2 |
| promoting, and delivering the
necessary
courses;
|
3 |
| (2) a sufficient number of qualified instructors;
|
4 |
| (3) adequate support personnel to assist with |
5 |
| administrative matters and
technical
assistance;
|
6 |
| (4) a written policy dealing with procedures for |
7 |
| management of grievances
and fee refunds;
|
8 |
| (5) a qualified administrator, who is responsible for |
9 |
| the
administration of the
education provider, courses, and |
10 |
| the actions of the instructors; and
|
11 |
| (6) any other requirements as provided by rule.
|
12 |
| (c) All applicants for an education provider's license |
13 |
| shall make initial
application to the Department
OBRE on forms |
14 |
| provided by the Department
OBRE and pay the appropriate fee as
|
15 |
| provided by rule. The term, expiration date, and renewal of an |
16 |
| education
provider's license shall be established by rule.
|
17 |
| (d) An education provider shall provide each successful |
18 |
| course participant
with a certificate of
completion signed by |
19 |
| the school administrator. The format and content of the
|
20 |
| certificate shall be specified by rule.
|
21 |
| (e) All education providers shall provide to the Department
|
22 |
| OBRE a monthly roster of all
successful course
participants as |
23 |
| provided by rule.
|
24 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
25 |
| (225 ILCS 458/20-10)
|
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| (Section scheduled to be repealed on January 1, 2012)
|
2 |
| Sec. 20-10. Course approval.
|
3 |
| (a) Only courses offered by licensed education providers |
4 |
| and approved
by the Department, courses approved by the AQB, or |
5 |
| courses approved by jurisdictions regulated by the Appraisal |
6 |
| Subcommittee
OBRE shall be used to meet the requirements of |
7 |
| this Act and rules.
|
8 |
| (b) An education provider licensed under this Act may |
9 |
| submit courses to the Department
OBRE
for approval.
The |
10 |
| criteria, requirements, and fees for courses shall be |
11 |
| established
by rule in accordance with
this Act, Title XI, and |
12 |
| the criteria established by the AQB.
|
13 |
| (c) For each course approved, the Department
OBRE shall |
14 |
| issue a license to the education
provider. The term, expiration |
15 |
| date, and renewal of a course approval shall
be
established by |
16 |
| rule.
|
17 |
| (d) An education provider must use an instructor for each |
18 |
| course approved by the Department who (i) holds a valid real |
19 |
| estate appraisal license in good standing as a State certified |
20 |
| general real estate appraiser or a State certified residential |
21 |
| real estate appraiser in Illinois or any other jurisdiction |
22 |
| regulated by the Appraisal Subcommittee, (ii) holds a valid |
23 |
| teaching certificate issued by the State of Illinois, (iii) is |
24 |
| a faculty member in good standing with an accredited college or |
25 |
| university or community college, or (iv) is an approved |
26 |
| appraisal instructor from an appraisal organization that is a |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| member of the Appraisal Foundation. |
2 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
3 |
| (225 ILCS 458/25-5)
|
4 |
| (Section scheduled to be repealed on January 1, 2012)
|
5 |
| Sec. 25-5. Appraisal Administration Fund; surcharge. The |
6 |
| Appraisal
Administration Fund is created as a special fund in |
7 |
| the State Treasury. All
fees, fines, and penalties received by |
8 |
| the Department
OBRE
under this Act shall be deposited into the |
9 |
| Appraisal Administration Fund.
All earnings attributable to |
10 |
| investment of funds in the Appraisal
Administration Fund shall |
11 |
| be credited to the Appraisal Administration
Fund. Subject to |
12 |
| appropriation, the
moneys in the Appraisal Administration Fund |
13 |
| shall be paid
to the Department
OBRE for the expenses incurred |
14 |
| by the Department
OBRE and the Board in the administration of |
15 |
| this Act. Moneys in the Appraisal Administration Fund may be |
16 |
| transferred to the Professions Indirect Cost Fund as authorized |
17 |
| under Section 2105-300 of the Department of Professional |
18 |
| Regulation Law of the Civil Administrative Code of Illinois.
|
19 |
| Upon the completion of any audit of the Department
OBRE , as |
20 |
| prescribed by the Illinois State
Auditing Act, which shall |
21 |
| include an audit of the Appraisal Administration
Fund, the |
22 |
| Department
OBRE
shall make the audit report open to inspection |
23 |
| by any interested person.
|
24 |
| (Source: P.A. 94-91, eff. 7-1-05.)
|
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| (225 ILCS 458/25-10)
|
2 |
| (Section scheduled to be repealed on January 1, 2012)
|
3 |
| Sec. 25-10. Real Estate Appraisal Administration and |
4 |
| Disciplinary Board; appointment.
|
5 |
| (a) There is hereby created the Real Estate Appraisal |
6 |
| Administration and Disciplinary Board. The Board
shall be |
7 |
| composed of 10 persons appointed by the Governor, plus the |
8 |
| Coordinator
Director of
the Real Estate Appraisal Division. |
9 |
| Members shall be appointed to the Board
subject to the |
10 |
| following conditions:
|
11 |
| (1) All appointed members shall have been residents and |
12 |
| citizens of this
State for
at least 5 years prior
to the |
13 |
| date of appointment.
|
14 |
| (2) The appointed membership of the Board should |
15 |
| reasonably reflect the
geographic
distribution of the
|
16 |
| population of the State.
|
17 |
| (3) Four appointed members shall have been actively |
18 |
| engaged and currently
licensed as
State
certified general |
19 |
| real estate appraisers for a period of not less than 5
|
20 |
| years.
|
21 |
| (4)
Two appointed members shall have been actively |
22 |
| engaged and currently
licensed as
State
certified |
23 |
| residential real estate appraisers for a period of
not less |
24 |
| than 5 years.
|
25 |
| (5)
Two appointed members shall hold a valid license as |
26 |
| a
real estate
broker for at least 10 years prior to the |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| date of the appointment , one of whom
and shall hold a valid
|
2 |
| State certified general real estate appraiser license |
3 |
| issued under this Act or a predecessor Act for a period of |
4 |
| at
least 5 years prior to the appointment and one of whom |
5 |
| shall hold a valid State certified residential real estate |
6 |
| appraiser license issued under this Act or a predecessor |
7 |
| Act for a period of at
least 5 years prior to the |
8 |
| appointment .
|
9 |
| (6) One appointed member shall be a representative of a |
10 |
| financial
institution, as evidenced by his or her |
11 |
| employment with a financial
institution.
|
12 |
| (7) One appointed member shall represent the interests |
13 |
| of the general
public. This member or his or her spouse |
14 |
| shall not be licensed under this Act
nor be employed by or |
15 |
| have any interest in an appraisal business, real estate
|
16 |
| brokerage business, or a financial institution.
|
17 |
| In making appointments as
provided in paragraphs (3) and |
18 |
| (4) of this subsection, the Governor shall
give due |
19 |
| consideration to recommendations by members and organizations
|
20 |
| representing the profession
real estate appraisal industry .
|
21 |
| In making the appointments as
provided in paragraph (5) of |
22 |
| this subsection, the Governor shall give
due consideration to |
23 |
| the recommendations by members and organizations
representing |
24 |
| the real estate industry.
|
25 |
| In making the appointment as provided
in paragraph (6) of |
26 |
| this subsection, the Governor
shall give due consideration to |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| the recommendations by members and
organizations representing |
2 |
| financial institutions.
|
3 |
| (b) The term for members of the Board shall be 4 years , and |
4 |
| each member shall serve until his or her successor is appointed |
5 |
| and qualified , except for the
initial appointees. Of the |
6 |
| initial appointments, 4 members shall
be appointed for terms |
7 |
| ending June 30, 2006, 3 members shall be appointed for
terms |
8 |
| ending June 30, 2005, and 3 members shall be appointed for |
9 |
| terms
ending June 30, 2004 . No member shall serve more than 10 |
10 |
| years in a lifetime.
Those persons serving on the Board |
11 |
| pursuant to the Real Estate Appraiser
Licensing Act shall |
12 |
| become members of the new Board on July 1, 2002 and
shall serve |
13 |
| until
the Governor has made the new appointments pursuant to |
14 |
| this Act.
|
15 |
| (c) The Governor may terminate the appointment of a member |
16 |
| for cause that,
in
the opinion of the Governor, reasonably |
17 |
| justifies the termination. Cause for
termination may include, |
18 |
| without limitation, misconduct, incapacity, neglect of
duty, |
19 |
| or missing 4 Board meetings during any one calendar year.
|
20 |
| (d) A majority of the Board members currently appointed |
21 |
| shall constitute a
quorum. A vacancy in the membership of the |
22 |
| Board shall not impair the right of
a quorum to exercise all of |
23 |
| the rights and perform all of the duties of the
Board.
|
24 |
| (e) The Board shall meet at least quarterly and may be |
25 |
| convened
by the Chairperson, Vice-Chairperson Co-Chairperson , |
26 |
| or 3 members of the Board upon 10 days
written notice.
|
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| (f) The Board shall, annually at the first meeting of the |
2 |
| fiscal year,
elect a Chairperson and Vice-Chairperson from its
|
3 |
| members. The Chairperson shall preside over the meetings and |
4 |
| shall coordinate
with the Coordinator
Director
in developing |
5 |
| and distributing an agenda for each meeting. In the absence of
|
6 |
| the Chairperson, the Vice-Chairperson Co-Chairperson shall |
7 |
| preside over the meeting.
|
8 |
| (g) The Coordinator
Director of the Real Estate Appraisal |
9 |
| Division shall serve as
a member of the Board without vote.
|
10 |
| (h) The Board shall advise and make recommendations to
the |
11 |
| Department
OBRE on the education and experience qualifications |
12 |
| of any applicant for initial licensure as a State certified |
13 |
| general real estate appraiser or a State certified residential |
14 |
| real estate appraiser. The Department shall not make any |
15 |
| decisions concerning education or experience qualifications of |
16 |
| an applicant for initial licensure as a State certified general |
17 |
| real estate appraiser or a State certified residential real |
18 |
| estate appraiser without having first received the advice and |
19 |
| recommendation of the Board and
matters of
licensing and |
20 |
| education.
OBRE shall give due consideration to all
such advice |
21 |
| and recommendations ; however, if the Board does not render |
22 |
| advice or make a recommendation within a reasonable amount of |
23 |
| time, then the Department may render a decision
presented by |
24 |
| the Board .
|
25 |
| (i) Except as provided in Section 15-17 of this Act, the
|
26 |
| The Board shall hear and make recommendations to the
Secretary
|
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| Commissioner on
disciplinary matters
that require a formal |
2 |
| evidentiary hearing. The Secretary
Commissioner shall give due
|
3 |
| consideration to the
recommendations of the Board involving |
4 |
| discipline and questions involving
standards of professional
|
5 |
| conduct of licensees.
|
6 |
| (j) The Department shall seek and the Board shall provide
|
7 |
| may make recommendations to the Department
OBRE consistent with |
8 |
| the
provisions
of this Act and for the administration and |
9 |
| enforcement of all
the rules adopted
pursuant to this Act. The |
10 |
| Department
OBRE
shall give due consideration to
such
the |
11 |
| recommendations of the Board
prior to adopting rules.
|
12 |
| (k) The Department shall seek and the Board shall provide
|
13 |
| make recommendations to the Department
OBRE on the approval of |
14 |
| all courses
submitted to the Department
OBRE
pursuant to this |
15 |
| Act and the rules adopted pursuant to this Act. The Department |
16 |
| shall not approve any courses without having first received the |
17 |
| recommendation of the Board and
OBRE shall
give due |
18 |
| consideration to such
the
recommendations of the Board
prior to |
19 |
| approving and licensing courses ; however, if the Board does not |
20 |
| make a recommendation within a reasonable amount of time, then |
21 |
| the Department may approve courses .
|
22 |
| (l) Each voting member of the Board shall receive a per |
23 |
| diem stipend in an
amount
to be determined by the Secretary
|
24 |
| Commissioner . Each member shall be paid his or her necessary |
25 |
| expenses while
engaged in the
performance of his or her duties.
|
26 |
| (m) Members of the Board shall be immune from suit in an |
|
|
|
09500HB5067ham002 |
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LRB095 17131 RAS 50141 a |
|
|
1 |
| action based upon
any disciplinary
proceedings or other acts |
2 |
| performed in good faith as members of the Board.
|
3 |
| (n) If the Department disagrees with any advice or |
4 |
| recommendation provided by the Board under this Section to the |
5 |
| Secretary or the Department, then notice of such disagreement |
6 |
| must be provided to the Board by the Department.
|
7 |
| (o) Upon resolution adopted at any Board meeting, the |
8 |
| exercise of any Board function, power, or duty enumerated in |
9 |
| this Section or in subsection (d) of Section 15-10 of this Act |
10 |
| may be suspended. The exercise of any suspended function, |
11 |
| power, or duty of the Board may be reinstated by a resolution |
12 |
| adopted at a subsequent Board meeting. Any resolution adopted |
13 |
| pursuant to this Section shall take effect immediately.
|
14 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
15 |
| (225 ILCS 458/25-15)
|
16 |
| (Section scheduled to be repealed on January 1, 2012)
|
17 |
| Sec. 25-15. Coordinator
Director of the Real Estate |
18 |
| Appraisal Division ; appointment;
duties. The Secretary shall |
19 |
| appoint, subject to the Personnel Code, a Coordinator of Real |
20 |
| Estate Appraisal. In appointing the Coordinator, the Secretary |
21 |
| shall give due consideration to recommendations made by |
22 |
| members, organizations, and associations of the real estate |
23 |
| appraisal industry. On or after January 1, 2009, the |
24 |
| Coordinator must hold a current, valid State certified general |
25 |
| real estate appraiser license or a State certified residential |
|
|
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|
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| real estate appraiser license, which shall be surrendered to |
2 |
| the Department during the term of his or her appointment. The |
3 |
| Coordinator must take the 30-hour National Instructors Course |
4 |
| on Uniform Standards of Professional Appraisal Practice. The |
5 |
| Coordinator's license shall be returned in the same status as |
6 |
| it was on the date of surrender, credited with all fees that |
7 |
| came due during his or her employment.
Commissioner shall |
8 |
| appoint a Director of the Real Estate Appraisal Division for
a |
9 |
| term of 4 years. The
Director shall hold a valid
State
|
10 |
| certified general real estate appraiser or
State
certified |
11 |
| residential
real estate appraiser license, which shall be |
12 |
| surrendered to OBRE during the
term of his or her
appointment.
|
13 |
| The Coordinator
Director of the Real Estate Appraisal Division
|
14 |
| shall:
|
15 |
| (1) serve as a member of the Real Estate Appraisal |
16 |
| Administration and Disciplinary Board without vote;
|
17 |
| (2) be the direct liaison between the Department
OBRE , |
18 |
| the profession, and the real
estate appraisal industry
|
19 |
| organizations and associations;
|
20 |
| (3) prepare and circulate to licensees such |
21 |
| educational and informational
material as the Department
|
22 |
| OBRE deems necessary for providing guidance or assistance |
23 |
| to licensees;
|
24 |
| (4) appoint necessary committees to assist in the |
25 |
| performance of the
functions and duties
of the Department
|
26 |
| OBRE under this Act; and
|
|
|
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|
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| (5) (blank).
subject to the administrative approval of |
2 |
| the Commissioner, supervise
the Real Estate
Appraisal |
3 |
| Division.
|
4 |
| In appointing the Director of the Real Estate Appraisal |
5 |
| Division, the
Commissioner shall give due
consideration to |
6 |
| members, organizations, and associations of the real estate
|
7 |
| appraisal industry.
|
8 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
9 |
| (225 ILCS 458/25-20)
|
10 |
| (Section scheduled to be repealed on January 1, 2012)
|
11 |
| Sec. 25-20. Department
OBRE ; powers and duties. The |
12 |
| Department of Financial and Professional Regulation
Office of |
13 |
| Banks and Real Estate
shall exercise the powers and duties |
14 |
| prescribed by the Civil Administrative
Code of Illinois for the |
15 |
| administration of licensing Acts and shall exercise
such other |
16 |
| powers and duties as are prescribed by this Act for the
|
17 |
| administration of this Act. The Department
OBRE may contract |
18 |
| with third parties for services
necessary for the proper
|
19 |
| administration of this Act, including without limitation, |
20 |
| investigators with
the proper knowledge, training,
and skills |
21 |
| to properly investigate complaints against real estate |
22 |
| appraisers.
|
23 |
| The Department
OBRE shall maintain and update a registry of |
24 |
| the names and addresses of
all licensees and a listing of |
25 |
| disciplinary orders issued pursuant to this Act
and shall |
|
|
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| transmit the registry, along with any national registry fees |
2 |
| that may
be required, to the entity specified by, and in a |
3 |
| manner consistent with, Title
XI of the federal Financial |
4 |
| Institutions Reform, Recovery and Enforcement Act
of 1989.
|
5 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
6 |
| (225 ILCS 458/25-25)
|
7 |
| (Section scheduled to be repealed on January 1, 2012)
|
8 |
| Sec. 25-25. Rules. The Department
OBRE , after considering |
9 |
| any recommendations of the
Board, shall adopt rules that may be |
10 |
| necessary for
administration, implementation, and enforcement |
11 |
| of the Act.
|
12 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
13 |
| (225 ILCS 458/30-10)
|
14 |
| (Section scheduled to be repealed on January 1, 2012)
|
15 |
| Sec. 30-10. Appraisal Administration Fund.
|
16 |
| (a) The Appraisal Administrative Fund, created under the |
17 |
| Real Estate License
Act of 1983 and continued under Section 40 |
18 |
| of the Real Estate Appraiser
Licensing Act, is continued under |
19 |
| this Act. All fees collected under this Act
shall be deposited |
20 |
| into the Appraisal Administration Fund, created in the State
|
21 |
| Treasury under the Real Estate License Act of 1983.
|
22 |
| (b) Appropriations
to the Department
OBRE from the |
23 |
| Appraisal Administration Fund for the purpose of
administering |
24 |
| the Real Estate Appraiser Licensing Act
may be used by the |
|
|
|
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| Department
OBRE for the purpose of administering and enforcing |
2 |
| the
provisions of this Act.
|
3 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
4 |
| (225 ILCS 458/10-15 rep.)
|
5 |
| Section 10. The Real Estate Appraiser Licensing Act of 2002 |
6 |
| is amended by repealing Section 10-15.
|
7 |
| Section 99. Effective date. This Act takes effect upon |
8 |
| becoming law.".
|