Full Text of HB1020 103rd General Assembly
HB1020ham004 103RD GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/14/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1020
| 2 | | AMENDMENT NO. ______. Amend House Bill 1020 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Real Estate License Act of 2000 is amended | 5 | | by changing Sections 10-45, 20-20, and 20-60 as follows: | 6 | | (225 ILCS 454/10-45) | 7 | | (Section scheduled to be repealed on January 1, 2030) | 8 | | Sec. 10-45. Broker price opinions and comparative market | 9 | | analyses. | 10 | | (a) A broker price opinion or comparative market analysis | 11 | | may be prepared or provided by a real estate broker or managing | 12 | | broker for any of the following: | 13 | | (1) an existing or potential buyer or seller of an | 14 | | interest in real estate; | 15 | | (2) an existing or potential lessor or lessee of an | 16 | | interest in real estate; |
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| 1 | | (3) a third party making decisions or performing due | 2 | | diligence related to the potential listing, offering, | 3 | | sale, option, lease, or acquisition price of an interest | 4 | | in real estate; or | 5 | | (4) an existing or potential lienholder or other third | 6 | | party for any purpose other than as the primary basis to | 7 | | determine the market value of an interest in real estate | 8 | | for the purpose of a mortgage loan origination by a | 9 | | financial institution secured by such real estate. | 10 | | (b) A broker price opinion or comparative market analysis | 11 | | shall be in writing either on paper or electronically and | 12 | | shall include the following provisions: | 13 | | (1) a statement of the intended purpose of the broker | 14 | | price opinion or comparative market analysis; | 15 | | (2) a brief description of the interest in real estate | 16 | | that is the subject of the broker price opinion or | 17 | | comparative market analysis; | 18 | | (3) a brief description of the methodology used to | 19 | | develop the broker price opinion or comparative market | 20 | | analysis; | 21 | | (4) any assumptions or limiting conditions; | 22 | | (5) a disclosure of any existing or contemplated | 23 | | interest of the broker or managing broker in the interest | 24 | | in real estate that is the subject of the broker price | 25 | | opinion or comparative market analysis; | 26 | | (6) the name, license number, and signature of the |
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| 1 | | broker or managing broker that developed the broker price | 2 | | opinion or comparative market analysis; | 3 | | (7) a statement in substantially the following form: | 4 | | "This is a broker price opinion/comparative market | 5 | | analysis, not an appraisal of the market value of the real | 6 | | estate, and was prepared by a licensed real estate broker | 7 | | or managing broker who was not acting as a State certified | 8 | | real estate appraiser."; and | 9 | | (8) such other items as the broker or managing broker | 10 | | may deem appropriate.
| 11 | | (c) A real estate broker or managing broker shall not | 12 | | discriminate when preparing a broker price opinion or | 13 | | comparative market analysis for residential real estate. For | 14 | | the purposes of this Section, a real estate broker or managing | 15 | | broker discriminates when the broker considers the actual or | 16 | | perceived race, color, religion, sex, national origin, | 17 | | ancestry, age, order of protection status, marital status, | 18 | | physical or mental disability, military status, sexual | 19 | | orientation, pregnancy, unfavorable discharge from military | 20 | | service, familial status, source of income, or arrest record | 21 | | of the owner of the real estate or the residents of the | 22 | | geographic area in which the real estate is located when | 23 | | determining the market value of the real estate. In addition | 24 | | to the disciplinary procedures set forth in Section 20-20, an | 25 | | aggrieved party may commence a civil action alleging | 26 | | discrimination in an appropriate circuit court not later than |
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| 1 | | 2 years after the occurrence that constitutes discrimination | 2 | | under this subsection. Such a civil action shall be subject to | 3 | | the same procedures, rights, and remedies as a civil action | 4 | | alleging a civil rights violation under Section 10-102 of the | 5 | | Illinois Human Rights Act. | 6 | | A civil action may also be initiated by the Attorney | 7 | | General whenever the Attorney General has
reasonable cause to | 8 | | believe that a real estate broker or managing broker is | 9 | | engaged in a pattern and practice of discrimination prohibited | 10 | | by this subsection. Such a civil action shall be subject to the | 11 | | same procedures, rights, and remedies as a civil action | 12 | | alleging a civil rights violation under Section 10-104 of the | 13 | | Illinois Human Rights Act. | 14 | | Prior to initiating a civil action, the Attorney
General | 15 | | shall conduct a preliminary investigation to determine whether | 16 | | there is reasonable cause to believe that any person or group | 17 | | of persons is engaged in a pattern and practice of | 18 | | discrimination prohibited by this subsection and whether the | 19 | | dispute can be resolved without litigation. In conducting this | 20 | | investigation, the Attorney General may: (i) require the | 21 | | individual or entity to file a
statement or report in writing, | 22 | | under oath or otherwise, as to all information the Attorney | 23 | | General may consider necessary; (ii) examine under oath any | 24 | | person alleged to have
participated in or with knowledge of | 25 | | the alleged pattern and practice violation; or (iii) issue | 26 | | subpoenas or conduct hearings in aid of
any investigation. |
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| 1 | | (Source: P.A. 101-71, eff. 7-12-19.)
| 2 | | (225 ILCS 454/20-20)
| 3 | | (Section scheduled to be repealed on January 1, 2030)
| 4 | | Sec. 20-20. Nature of and grounds for discipline. | 5 | | (a) The Department may refuse to issue or renew a license, | 6 | | may place on probation, suspend,
or
revoke any
license, | 7 | | reprimand, or take any other disciplinary or non-disciplinary | 8 | | action as the Department may deem proper and impose a
fine not | 9 | | to exceed
$25,000 upon any licensee or applicant under this | 10 | | Act or any person who holds oneself out as an applicant or | 11 | | licensee or against a licensee in handling one's own property, | 12 | | whether held by deed, option, or otherwise, for any one or any | 13 | | combination of the
following causes:
| 14 | | (1) Fraud or misrepresentation in applying for, or | 15 | | procuring, a license under this Act or in connection with | 16 | | applying for renewal of a license under this Act.
| 17 | | (2) The licensee's conviction of or plea of guilty or | 18 | | plea of nolo contendere, as set forth in subsection (e) of | 19 | | Section 5-25, to: (A) a felony or misdemeanor in this | 20 | | State or any other jurisdiction; (B) the entry of an | 21 | | administrative sanction by a government agency in this | 22 | | State or any other jurisdiction; or (C) any crime that | 23 | | subjects the licensee to compliance with the requirements | 24 | | of the Sex Offender Registration Act.
| 25 | | (3) Inability to practice the profession with |
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| 1 | | reasonable judgment, skill, or safety as a result of a | 2 | | physical illness, mental illness, or disability.
| 3 | | (4) Practice under this Act as a licensee in a retail | 4 | | sales establishment from an office, desk, or space that
is | 5 | | not
separated from the main retail business and located | 6 | | within a separate and distinct area within
the
| 7 | | establishment.
| 8 | | (5) Having been disciplined by another state, the | 9 | | District of Columbia, a territory, a foreign nation, or a | 10 | | governmental agency authorized to impose discipline if at | 11 | | least one of the grounds for that discipline is the same as | 12 | | or
the
equivalent of one of the grounds for which a | 13 | | licensee may be disciplined under this Act. A certified | 14 | | copy of the record of the action by the other state or | 15 | | jurisdiction shall be prima facie evidence thereof.
| 16 | | (6) Engaging in the practice of real estate brokerage
| 17 | | without a
license or after the licensee's license or | 18 | | temporary permit was expired or while the license was | 19 | | inactive, revoked, or suspended.
| 20 | | (7) Cheating on or attempting to subvert the Real
| 21 | | Estate License Exam or a continuing education course or | 22 | | examination. | 23 | | (8) Aiding or abetting an applicant
to
subvert or | 24 | | cheat on the Real Estate License Exam or continuing | 25 | | education exam
administered pursuant to this Act.
| 26 | | (9) Advertising that is inaccurate, misleading, or |
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| 1 | | contrary to the provisions of the Act.
| 2 | | (10) Making any substantial misrepresentation or | 3 | | untruthful advertising.
| 4 | | (11) Making any false promises of a character likely | 5 | | to influence,
persuade,
or induce.
| 6 | | (12) Pursuing a continued and flagrant course of | 7 | | misrepresentation or the
making
of false promises through | 8 | | licensees, employees, agents, advertising, or
otherwise.
| 9 | | (13) Any misleading or untruthful advertising, or | 10 | | using any trade name or
insignia of membership in any real | 11 | | estate organization of which the licensee is
not a member.
| 12 | | (14) Acting for more than one party in a transaction | 13 | | without providing
written
notice to all parties for whom | 14 | | the licensee acts.
| 15 | | (15) Representing or attempting to represent, or | 16 | | performing licensed activities for, a broker other than | 17 | | the
sponsoring broker.
| 18 | | (16) Failure to account for or to remit any moneys or | 19 | | documents coming into the licensee's
possession that | 20 | | belong to others.
| 21 | | (17) Failure to maintain and deposit in a special | 22 | | account, separate and
apart from
personal and other | 23 | | business accounts, all escrow moneys belonging to others
| 24 | | entrusted to a licensee
while acting as a broker, escrow | 25 | | agent, or temporary custodian of
the funds of others or
| 26 | | failure to maintain all escrow moneys on deposit in the |
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| 1 | | account until the
transactions are
consummated or | 2 | | terminated, except to the extent that the moneys, or any | 3 | | part
thereof, shall be: | 4 | | (A)
disbursed prior to the consummation or | 5 | | termination (i) in accordance with
the
written | 6 | | direction of
the principals to the transaction or | 7 | | their duly authorized agents, (ii) in accordance with
| 8 | | directions providing for the
release, payment, or | 9 | | distribution of escrow moneys contained in any written
| 10 | | contract signed by the
principals to the transaction | 11 | | or their duly authorized agents,
or (iii)
pursuant to | 12 | | an order of a court of competent
jurisdiction; or | 13 | | (B) deemed abandoned and transferred to the Office | 14 | | of the State Treasurer to be handled as unclaimed | 15 | | property pursuant to the Revised Uniform Unclaimed | 16 | | Property Act. Escrow moneys may be deemed abandoned | 17 | | under this subparagraph (B) only: (i) in the absence | 18 | | of disbursement under subparagraph (A); (ii) in the | 19 | | absence of notice of the filing of any claim in a court | 20 | | of competent jurisdiction; and (iii) if 6 months have | 21 | | elapsed after the receipt of a written demand for the | 22 | | escrow moneys from one of the principals to the | 23 | | transaction or the principal's duly authorized agent.
| 24 | | The account
shall be noninterest
bearing, unless the | 25 | | character of the deposit is such that payment of interest
| 26 | | thereon is otherwise
required by law or unless the |
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| 1 | | principals to the transaction specifically
require, in | 2 | | writing, that the
deposit be placed in an interest-bearing | 3 | | account.
| 4 | | (18) Failure to make available to the Department all | 5 | | escrow records and related documents
maintained in | 6 | | connection
with the practice of real estate within 24 | 7 | | hours of a request for those
documents by Department | 8 | | personnel.
| 9 | | (19) Failing to furnish copies upon request of | 10 | | documents relating to a
real
estate transaction to a party | 11 | | who has executed that document.
| 12 | | (20) Failure of a sponsoring broker or licensee to | 13 | | timely provide sponsorship or termination of sponsorship | 14 | | information to the Department.
| 15 | | (21) Engaging in dishonorable, unethical, or | 16 | | unprofessional conduct of a
character
likely to deceive, | 17 | | defraud, or harm the public, including, but not limited | 18 | | to, conduct set forth in rules adopted by the Department.
| 19 | | (22) Commingling the money or property of others with | 20 | | the licensee's own money or property.
| 21 | | (23) Employing any person on a purely temporary or | 22 | | single deal basis as a
means
of evading the law regarding | 23 | | payment of commission to nonlicensees on some
contemplated
| 24 | | transactions.
| 25 | | (24) Permitting the use of one's license as a broker | 26 | | to enable a residential
leasing agent or
unlicensed person |
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| 1 | | to operate a real estate business without actual
| 2 | | participation therein and control
thereof by the broker.
| 3 | | (25) Any other conduct, whether of the same or a | 4 | | different character from
that
specified in this Section, | 5 | | that constitutes dishonest dealing.
| 6 | | (26) Displaying a "for rent" or "for sale" sign on any | 7 | | property without
the written
consent of an owner or the | 8 | | owner's duly authorized agent or advertising by any
means | 9 | | that any property is
for sale or for rent without the | 10 | | written consent of the owner or the owner's
authorized | 11 | | agent.
| 12 | | (27) Failing to provide information requested by the | 13 | | Department, or otherwise respond to that request, within | 14 | | 30 days of
the
request.
| 15 | | (28) Advertising by means of a blind advertisement, | 16 | | except as otherwise
permitted in Section 10-30 of this | 17 | | Act.
| 18 | | (29) A licensee under this Act or an unlicensed | 19 | | individual offering guaranteed sales plans, as defined in | 20 | | Section 10-50, except to
the extent set forth in Section | 21 | | 10-50.
| 22 | | (30) Influencing or attempting to influence, by any | 23 | | words or acts, a
prospective
seller, purchaser, occupant, | 24 | | landlord, or tenant of real estate, in connection
with | 25 | | viewing, buying, or
leasing real estate, so as to promote | 26 | | or tend to promote the continuance
or maintenance of
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| 1 | | racially and religiously segregated housing or so as to | 2 | | retard, obstruct, or
discourage racially
integrated | 3 | | housing on or in any street, block, neighborhood, or | 4 | | community.
| 5 | | (31) Engaging in any act that constitutes a violation | 6 | | of any provision of
Article 3 of the Illinois Human Rights | 7 | | Act, whether or not a complaint has
been filed with or
| 8 | | adjudicated by the Human Rights Commission.
| 9 | | (32) Inducing any party to a contract of sale or lease | 10 | | or brokerage
agreement to
break the contract of sale or | 11 | | lease or brokerage agreement for the purpose of
| 12 | | substituting, in lieu
thereof, a new contract for sale or | 13 | | lease or brokerage agreement with a third
party.
| 14 | | (33) Negotiating a sale, exchange, or lease of real | 15 | | estate directly with
any person
if the licensee knows that | 16 | | the person has an exclusive brokerage
agreement with | 17 | | another
broker, unless specifically authorized by that | 18 | | broker.
| 19 | | (34) When a licensee is also an attorney, acting as | 20 | | the attorney for
either the
buyer or the seller in the same | 21 | | transaction in which the licensee is acting or
has acted | 22 | | as a managing broker
or broker.
| 23 | | (35) Advertising or offering merchandise or services | 24 | | as free if any
conditions or
obligations necessary for | 25 | | receiving the merchandise or services are not
disclosed in | 26 | | the same
advertisement or offer. These conditions or |
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| 1 | | obligations include without
limitation the
requirement | 2 | | that the recipient attend a promotional activity or visit | 3 | | a real
estate site. As used in this
subdivision (35), | 4 | | "free" includes terms such as "award", "prize", "no | 5 | | charge",
"free of charge",
"without charge", and similar | 6 | | words or phrases that reasonably lead a person to
believe | 7 | | that one
may receive or has been selected to receive | 8 | | something of value, without any
conditions or
obligations | 9 | | on the part of the recipient.
| 10 | | (36) (Blank).
| 11 | | (37) Violating the terms of a disciplinary order
| 12 | | issued by the Department.
| 13 | | (38) Paying or failing to disclose compensation in | 14 | | violation of Article 10 of this Act.
| 15 | | (39) Requiring a party to a transaction who is not a | 16 | | client of the
licensee
to allow the licensee to retain a | 17 | | portion of the escrow moneys for payment of
the licensee's | 18 | | commission or expenses as a condition for release of the | 19 | | escrow
moneys to that party.
| 20 | | (40) Disregarding or violating any provision of this | 21 | | Act or the published
rules adopted
by the Department to | 22 | | enforce this Act or aiding or abetting any individual, | 23 | | foreign or domestic
partnership, registered limited | 24 | | liability partnership, limited liability
company, | 25 | | corporation, or other business entity in
disregarding any | 26 | | provision of this Act or the published rules adopted by |
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| 1 | | the Department
to enforce this Act.
| 2 | | (41) Failing to provide the minimum services required | 3 | | by Section 15-75 of this Act when acting under an | 4 | | exclusive brokerage agreement.
| 5 | | (42) Habitual or excessive use of or addiction to | 6 | | alcohol, narcotics, stimulants, or any other chemical | 7 | | agent or drug that results in a managing broker, broker, | 8 | | or residential leasing agent's inability to practice with | 9 | | reasonable skill or safety. | 10 | | (43) Enabling, aiding, or abetting an auctioneer, as | 11 | | defined in the Auction License Act, to conduct a real | 12 | | estate auction in a manner that is in violation of this | 13 | | Act. | 14 | | (44) Permitting any residential leasing agent or | 15 | | temporary residential leasing agent permit holder to | 16 | | engage in activities that require a broker's or managing | 17 | | broker's license. | 18 | | (45) Failing to notify the Department, within 30 days | 19 | | after the occurrence, of the information required in | 20 | | subsection (e) of Section 5-25. | 21 | | (46) A designated managing broker's failure to provide | 22 | | an appropriate written company policy or failure to | 23 | | perform any of the duties set forth in Section 10-55. | 24 | | (47) Engaging in discrimination as provided in | 25 | | subsection (c) of Section 10-45. | 26 | | (b) The Department may refuse to issue or renew or may |
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| 1 | | suspend the license of any person who fails to file a return, | 2 | | pay the tax, penalty or interest shown in a filed return, or | 3 | | pay any final assessment of tax, penalty, or interest, as | 4 | | required by any tax Act administered by the Department of | 5 | | Revenue, until such time as the requirements of that tax Act | 6 | | are satisfied in accordance with subsection (g) of Section | 7 | | 2105-15 of the Department of Professional Regulation Law of | 8 | | the Civil Administrative Code of Illinois. | 9 | | (c) (Blank). | 10 | | (d) In cases where the Department of Healthcare and Family | 11 | | Services (formerly Department of Public Aid) has previously | 12 | | determined that a licensee or a potential licensee is more | 13 | | than 30 days delinquent in the payment of child support and has | 14 | | subsequently certified the delinquency to the Department may | 15 | | refuse to issue or renew or may revoke or suspend that person's | 16 | | license or may take other disciplinary action against that | 17 | | person based solely upon the certification of delinquency made | 18 | | by the Department of Healthcare and Family Services in | 19 | | accordance with item (5) of subsection (a) of Section 2105-15 | 20 | | of the Department of Professional Regulation Law of the Civil | 21 | | Administrative Code of Illinois. | 22 | | (e) (Blank). | 23 | | (Source: P.A. 101-81, eff. 7-12-19; 101-357, eff. 8-9-19; | 24 | | 102-970, eff. 5-27-22.)
| 25 | | (225 ILCS 454/20-60)
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| 1 | | (Section scheduled to be repealed on January 1, 2030)
| 2 | | Sec. 20-60. Investigations notice and hearing. The | 3 | | Department shall may investigate the actions of any applicant | 4 | | or of any person or persons rendering or offering to render | 5 | | services for which a license is required by this Act or any | 6 | | person holding or claiming to hold a license under this Act and | 7 | | shall may notify his or her designated managing broker and | 8 | | sponsoring broker of the pending investigation. The Department | 9 | | shall, before revoking,
suspending, placing on probation, | 10 | | reprimanding, or taking any other disciplinary action under | 11 | | Article 20 of this Act, at least 30 days before the date set | 12 | | for the hearing, (i) notify the accused and his or her | 13 | | designated managing broker and sponsoring broker in writing of | 14 | | the charges made and the time and place for the hearing on the | 15 | | charges and whether the licensee's license has been | 16 | | temporarily suspended pursuant to Section 20-65, (ii) direct | 17 | | the accused to file a written answer to the charges with the
| 18 | | Board under oath within 20 days after the service on him or her | 19 | | of the notice, and (iii) inform the accused that if he or she | 20 | | fails to answer, default will be taken
against him or her or | 21 | | that
his or her license may be suspended, revoked, placed on | 22 | | probationary status,
or
other disciplinary
action taken with | 23 | | regard to the license, including limiting the scope, nature, | 24 | | or extent of his or her practice, as the Department may | 25 | | consider proper. At the time and place fixed in the notice, the | 26 | | Board shall proceed to hear the charges and the parties or |
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| 1 | | their counsel shall be accorded ample opportunity to present | 2 | | any pertinent statements, testimony, evidence, and arguments. | 3 | | The Board may continue the hearing from time to time. In case | 4 | | the person, after receiving the
notice, fails to file an | 5 | | answer, his or her license may, in the discretion of the | 6 | | Department, be suspended,
revoked, placed on
probationary | 7 | | status, or the Department may take whatever disciplinary | 8 | | action considered
proper, including
limiting the scope, | 9 | | nature, or extent of the person's practice or the
imposition | 10 | | of a fine, without a
hearing, if the act or acts charged | 11 | | constitute sufficient grounds for that
action under this Act. | 12 | | The notice may be served by personal delivery, by mail, or, at | 13 | | the discretion of the Department, by electronic means as | 14 | | adopted by rule to the address or email address specified by | 15 | | the accused in his or her last notification with the | 16 | | Department and shall include notice to the designated managing | 17 | | broker and sponsoring broker. A copy of the Department's final | 18 | | order shall be delivered to the designated managing broker and | 19 | | sponsoring broker.
| 20 | | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
| 21 | | Section 10. The Real Estate Appraiser Licensing Act of | 22 | | 2002 is amended by changing Section 15-10 and by adding | 23 | | Section 10-25 as follows: | 24 | | (225 ILCS 458/10-25 new) |
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| 1 | | Sec. 10-25. Discrimination prohibited. An appraiser shall | 2 | | not discriminate when preparing a comparative market analysis | 3 | | for residential real estate. For the purposes of this Section, | 4 | | an appraiser discriminates when the appraiser considers the | 5 | | actual or perceived race, color, religion, sex, national | 6 | | origin, ancestry, age, order of protection status, marital | 7 | | status, physical or mental disability, military status, sexual | 8 | | orientation, pregnancy, unfavorable discharge from military | 9 | | service, familial status, source of income, or arrest record | 10 | | of the owner of the real estate or the residents of the | 11 | | geographic area in which the real estate is located when | 12 | | determining the market value of the real estate. In addition | 13 | | to the disciplinary procedures set forth in Section 15-10, an | 14 | | aggrieved party may commence a civil action alleging | 15 | | discrimination in an appropriate circuit court not later than | 16 | | 2 years after the occurrence that constitutes discrimination | 17 | | under this Section. Such a civil action shall be subject to the | 18 | | same procedures, rights, and remedies as a civil action | 19 | | alleging a civil rights violation under Section 10-102 of the | 20 | | Illinois Human Rights Act. | 21 | | A civil action may also be initiated by the Attorney | 22 | | General whenever the Attorney General has
reasonable cause to | 23 | | believe that an appraiser is engaged in a pattern and practice | 24 | | of discrimination prohibited by this Section. Such a civil | 25 | | action shall be subject to the same procedures, rights, and | 26 | | remedies as a civil action alleging a civil rights violation |
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| 1 | | under Section 10-104 of the Illinois Human Rights Act. | 2 | | Prior to initiating a civil action, the Attorney
General | 3 | | shall conduct a preliminary investigation to determine whether | 4 | | there is reasonable cause to believe that any person or group | 5 | | of persons is engaged in a pattern and practice of | 6 | | discrimination prohibited by this Section and whether the | 7 | | dispute can be resolved without litigation. In conducting this | 8 | | investigation, the Attorney General may: (i) require the | 9 | | individual or entity to file a
statement or report in writing, | 10 | | under oath or otherwise, as to all information the Attorney | 11 | | General may consider necessary; (ii) examine under oath any | 12 | | person alleged to have
participated in or with knowledge of | 13 | | the alleged pattern and practice violation; or (iii) issue | 14 | | subpoenas or conduct hearings in aid of
any investigation.
| 15 | | (225 ILCS 458/15-10)
| 16 | | (Section scheduled to be repealed on January 1, 2027)
| 17 | | Sec. 15-10. Grounds for disciplinary action.
| 18 | | (a) The Department
may suspend, revoke,
refuse to issue,
| 19 | | renew, or restore a license and may reprimand place on | 20 | | probation or administrative
supervision,
or take any | 21 | | disciplinary or non-disciplinary action, including
imposing
| 22 | | conditions limiting the scope, nature, or extent of the real | 23 | | estate appraisal
practice of a
licensee or reducing the | 24 | | appraisal rank of a licensee,
and may impose an administrative | 25 | | fine
not to exceed $25,000 for each violation upon a licensee
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| 1 | | for any one or combination of the following:
| 2 | | (1) Procuring or attempting to procure a license by | 3 | | knowingly making a
false statement,
submitting false | 4 | | information, engaging in any form of fraud or
| 5 | | misrepresentation,
or refusing
to provide complete | 6 | | information in response to a question in an application | 7 | | for
licensure.
| 8 | | (2) Failing to meet the minimum qualifications for | 9 | | licensure as an
appraiser established by this
Act.
| 10 | | (3) Paying money, other than for the fees provided for | 11 | | by this Act, or
anything of value to a
member or employee | 12 | | of the Board or the Department
to procure
licensure
under | 13 | | this Act.
| 14 | | (4) Conviction of, or plea of guilty or nolo | 15 | | contendere, as enumerated in subsection (e) of Section | 16 | | 5-22, under the laws of any jurisdiction of the United | 17 | | States: (i) that is a felony, misdemeanor, or | 18 | | administrative sanction or (ii) that is a crime that | 19 | | subjects the licensee to compliance with the requirements | 20 | | of the Sex Offender Registration Act.
| 21 | | (5) Committing an act or omission involving | 22 | | dishonesty, fraud, or
misrepresentation with the intent to
| 23 | | substantially benefit the licensee or another person or | 24 | | with intent to
substantially injure
another person as | 25 | | defined by rule.
| 26 | | (6) Violating a provision or standard for the |
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| 1 | | development or
communication of real estate
appraisals as | 2 | | provided in Section 10-10 of this Act or as defined by | 3 | | rule.
| 4 | | (7) Failing or refusing without good cause to exercise | 5 | | reasonable
diligence in developing, reporting,
or | 6 | | communicating an appraisal, as defined by this Act or by | 7 | | rule.
| 8 | | (8) Violating a provision of this Act or the rules | 9 | | adopted pursuant to
this Act.
| 10 | | (9) Having been disciplined by another state, the | 11 | | District of Columbia, a
territory, a foreign nation,
a | 12 | | governmental agency, or any other entity authorized to | 13 | | impose discipline if
at least one of
the grounds for that | 14 | | discipline is the same as or the equivalent of one of the
| 15 | | grounds for
which a licensee may be disciplined under this | 16 | | Act.
| 17 | | (10) Engaging in dishonorable, unethical, or | 18 | | unprofessional conduct of a
character likely to
deceive, | 19 | | defraud, or harm the public.
| 20 | | (11) Accepting an appraisal assignment when the | 21 | | employment
itself is contingent
upon the appraiser | 22 | | reporting a predetermined estimate, analysis, or opinion | 23 | | or
when the fee
to be paid is contingent upon the opinion, | 24 | | conclusion, or valuation reached or
upon the
consequences | 25 | | resulting from the appraisal assignment.
| 26 | | (12) Developing valuation conclusions based on the |
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| 1 | | race, color, religion,
sex, national origin,
ancestry, | 2 | | age, marital status, family status, physical or mental | 3 | | disability, sexual orientation, pregnancy, order of | 4 | | protection status, military status, or
unfavorable
| 5 | | military discharge, as defined under the Illinois Human | 6 | | Rights Act, of the
prospective or
present owners or | 7 | | occupants of the area or property under appraisal.
| 8 | | (13) Violating the confidential nature of government | 9 | | records to which
the licensee gained
access through | 10 | | employment or engagement as an appraiser by a government | 11 | | agency.
| 12 | | (14) Being adjudicated liable in a civil proceeding on | 13 | | grounds of
fraud, misrepresentation, or
deceit. In a | 14 | | disciplinary proceeding based upon a finding of civil | 15 | | liability,
the appraiser shall
be afforded an opportunity | 16 | | to present mitigating and extenuating circumstances,
but | 17 | | may not
collaterally attack the civil adjudication.
| 18 | | (15) Being adjudicated liable in a civil proceeding | 19 | | for violation of
a state or federal fair
housing law.
| 20 | | (16) Engaging in misleading or untruthful advertising | 21 | | or using a trade
name or insignia of
membership in a real | 22 | | estate appraisal or real estate organization of
which the | 23 | | licensee is
not a member.
| 24 | | (17) Failing to fully cooperate with a Department | 25 | | investigation by knowingly
making a false
statement, | 26 | | submitting false or misleading information, or refusing to |
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| 1 | | provide
complete information in response to written
| 2 | | interrogatories or a written
request for documentation | 3 | | within 30 days of the request.
| 4 | | (18) Failing to include within the certificate of | 5 | | appraisal for all
written appraisal reports the | 6 | | appraiser's license number and licensure title.
All | 7 | | appraisers providing significant contribution to the | 8 | | development and
reporting of an appraisal must be | 9 | | disclosed in the appraisal report. It is a
violation of | 10 | | this Act for an
appraiser to sign a report,
transmittal | 11 | | letter, or appraisal certification knowing that a person | 12 | | providing
a significant
contribution to the report has not | 13 | | been disclosed in the appraisal report.
| 14 | | (19) Violating the terms of a disciplinary order or | 15 | | consent to administrative supervision order. | 16 | | (20) Habitual or excessive use or addiction to | 17 | | alcohol, narcotics, stimulants, or any other chemical | 18 | | agent or drug that results in a licensee's inability to | 19 | | practice with reasonable judgment, skill, or safety. | 20 | | (21) A physical or mental illness or disability which | 21 | | results in the inability to practice under this Act with | 22 | | reasonable judgment, skill, or safety.
| 23 | | (22) Gross negligence in developing an appraisal or in | 24 | | communicating an appraisal or failing to observe one or | 25 | | more of the Uniform Standards of Professional Appraisal | 26 | | Practice. |
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| 1 | | (23) A pattern of practice or other behavior that | 2 | | demonstrates incapacity or incompetence to practice under | 3 | | this Act. | 4 | | (24) Using or attempting to use the seal, certificate, | 5 | | or license of another as one's own; falsely impersonating | 6 | | any duly licensed appraiser; using or attempting to use an | 7 | | inactive, expired, suspended, or revoked license; or | 8 | | aiding or abetting any of the foregoing. | 9 | | (25) Solicitation of professional services by using | 10 | | false, misleading, or deceptive advertising. | 11 | | (26) Making a material misstatement in furnishing | 12 | | information to the Department. | 13 | | (27) Failure to furnish information to the Department | 14 | | upon written request. | 15 | | (28) Engaging in discrimination as provided in Section | 16 | | 10-25. | 17 | | (b) The Department
may reprimand suspend, revoke,
or | 18 | | refuse to issue or renew an education provider's
license, may | 19 | | reprimand, place on probation, or otherwise discipline
an | 20 | | education provider
and may suspend or revoke the course | 21 | | approval of any course offered by
an education provider and | 22 | | may impose an administrative fine
not to exceed $25,000 upon
| 23 | | an education provider,
for any of the following:
| 24 | | (1) Procuring or attempting to procure licensure by | 25 | | knowingly making a
false statement,
submitting false | 26 | | information, engaging in any form of fraud or
|
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| 1 | | misrepresentation, or
refusing to
provide complete | 2 | | information in response to a question in an application | 3 | | for
licensure.
| 4 | | (2) Failing to comply with the covenants certified to | 5 | | on the application
for licensure as an education provider.
| 6 | | (3) Committing an act or omission involving | 7 | | dishonesty, fraud, or
misrepresentation or allowing any | 8 | | such act or omission by
any employee or contractor under | 9 | | the control of the provider.
| 10 | | (4) Engaging in misleading or untruthful advertising.
| 11 | | (5) Failing to retain competent instructors in | 12 | | accordance with rules
adopted
under this Act.
| 13 | | (6) Failing to meet the topic or time requirements for | 14 | | course approval as
the provider of a qualifying
curriculum | 15 | | course or a continuing education course.
| 16 | | (7) Failing to administer an approved course using the | 17 | | course materials,
syllabus, and examinations
submitted as | 18 | | the basis of the course approval.
| 19 | | (8) Failing to provide an appropriate classroom | 20 | | environment for
presentation of courses, with
| 21 | | consideration for student comfort, acoustics, lighting, | 22 | | seating, workspace, and
visual aid material.
| 23 | | (9) Failing to maintain student records in compliance | 24 | | with the rules
adopted under this Act.
| 25 | | (10) Failing to provide a certificate, transcript, or | 26 | | other student
record to the Department
or to a student
as |
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| 1 | | may be required by rule.
| 2 | | (11) Failing to fully cooperate with an
investigation | 3 | | by the Department by knowingly
making a false
statement, | 4 | | submitting false or misleading information, or refusing to | 5 | | provide
complete information in response to written | 6 | | interrogatories or a written
request for documentation | 7 | | within 30 days of the request.
| 8 | | (c) In appropriate cases, the Department
may resolve a | 9 | | complaint against a licensee
through the issuance of a Consent | 10 | | to Administrative Supervision order.
A licensee subject to a | 11 | | Consent to Administrative Supervision order
shall be | 12 | | considered by the Department
as an active licensee in good | 13 | | standing. This order shall not be reported or
considered by | 14 | | the Department
to be a discipline
of the licensee. The records | 15 | | regarding an investigation and a Consent to
Administrative | 16 | | Supervision order
shall be considered confidential and shall | 17 | | not be released by the Department
except
as mandated by law.
A | 18 | | complainant shall be notified if the complaint has been | 19 | | resolved
by a Consent to
Administrative Supervision order.
| 20 | | (Source: P.A. 102-20, eff. 1-1-22 .)".
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