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90_SB0859ham001
LRB9002932DPmbam03
1 AMENDMENT TO SENATE BILL 859
2 AMENDMENT NO. . Amend Senate Bill 859 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT concerning certain regulated professions,
5 amending named Acts."; and
6 on page 1, immediately below line 4, by inserting the
7 following:
8 "ARTICLE 1
9 Section 1-1. Short title. This Article may be cited as
10 the Orthotics and Prosthetics Practice Act. All references in
11 this Article to "this Act" shall mean this Article.
12 Section 1-5. Declaration of public policy. The practice
13 of orthotics and prosthetics in the State of Illinois is an
14 allied health profession recognized by the American Medical
15 Association, with educational standards established by the
16 Commission on Accreditation of Allied Health Education
17 Programs. The increasing population of elderly and
18 physically challenged individuals who need orthotic and
19 prosthetic services requires that the orthotic and prosthetic
20 profession be regulated to ensure the provision of
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1 high-quality services and devices. The people of Illinois
2 deserve the best care available, and will benefit from the
3 assurance of initial and ongoing professional competence of
4 the orthotists and prosthetists practicing in this State.
5 The practice of orthotics and prosthetics serves to improve
6 and enhance the lives of individuals with disabilities, by
7 enabling them to resume productive lives following serious
8 illness, injury, or trauma. The present unregulated system
9 for dispensing orthotic and prosthetic care does not
10 adequately meet the needs or serve the interests of the
11 public. In keeping with State requirements imposed on similar
12 health disciplines, licensure of the orthotic and prosthetic
13 profession will help ensure the health and safety of
14 consumers, as well as maximize their functional abilities and
15 productivity levels. This Act shall be liberally construed
16 to best carry out these subjects and purposes.
17 Section 1-10. Definitions. As used in this Act:
18 "Assistant" means a person who assists an orthotist,
19 prosthetist, or prosthetist/orthotist with patient care
20 services and fabrication of orthoses or prostheses under the
21 supervision of a licensed orthotist, prosthetist, or
22 prosthetist/orthotist.
23 "Board" means the Board of Orthotics and Prosthetics.
24 "Custom" means that an orthosis or prosthesis is
25 designed, fabricated, and aligned specifically for one person
26 in accordance with sound biomechanical principles.
27 "Department" means the Department of Professional
28 Regulation.
29 "Director" means the Director of Professional Regulation.
30 "Education program" means a course of instruction
31 approved by the Department and accredited by the Commission
32 on Accreditation of Allied Health Education Programs and
33 provided by rule, consisting of (i) a basic curriculum of
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1 college level instruction in math, physics, biology,
2 chemistry, and psychology and (ii) a specific curriculum in
3 orthotic or prosthetic courses, including: lectures covering
4 pertinent anatomy, biomechanics, pathomechanics,
5 prosthetic-orthotic components and materials, training and
6 functional capabilities, prosthetic or orthotic performance
7 evaluation, prescription considerations, etiology of
8 amputations and disease processes necessitating prosthetic or
9 orthotic use, and medical management; subject matter related
10 to pediatric and geriatric problems; instruction in acute
11 care techniques, such as immediate and early post-surgical
12 prosthetics, fracture bracing, and halo cast techniques; and
13 lectures, demonstrations, and laboratory experiences related
14 to the entire process of measuring, casting, fitting,
15 fabrication, alignment, and completion of prostheses or
16 orthoses.
17 "Licensed orthotist" means a person licensed under this
18 Act to practice orthotics and who represents himself or
19 herself to the public by title or description of services
20 that includes the term "orthotic", "orthotist", "brace", or
21 a similar title or description of services.
22 "Licensed physician" means a physician licensed under the
23 Medical Practice Act of 1987 or the Podiatric Medical
24 Practice Act of 1987.
25 "Licensed prosthetist" means a person licensed under this
26 Act to practice prosthetics and who represents himself or
27 herself to the public by title or description of services
28 that includes the term "prosthetic", "prosthetist",
29 "artificial limb", or a similar title or description of
30 services.
31 "Licensed prosthetist/orthotist" means a person licensed
32 under this Act to practice both prosthetics and orthotics and
33 who represents himself or herself to the public by title or
34 description of services that includes the term "prosthetic",
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1 "orthotic", "prosthetist/orthotist", "artificial limb",
2 "brace", or a similar title or description of services.
3 "Orthosis" means a custom-fabricated or custom-fitted
4 brace or support designed to provide for alignment,
5 correction, or prevention of neuromuscular or musculoskeletal
6 dysfunction, disease, injury, or deformity. "Orthosis" does
7 not include fabric or elastic supports, corsets, arch
8 supports, low-temperature plastic splints, trusses, elastic
9 hoses, canes, crutches, cervical collars, dental appliances,
10 or other similar devices carried in stock and sold by a drug
11 store, department store, corset shop, or surgical supply
12 facility.
13 "Orthotics" means the science and practice of evaluating,
14 measuring, designing, fabricating, assembling, fitting,
15 adjusting, or servicing an orthosis under an order from a
16 licensed physician, chiropractor, or podiatrist for the
17 correction or alleviation of neuromuscular or musculoskeletal
18 dysfunction, disease, injury, or deformity.
19 "Orthotist" means a person who measures, designs,
20 fabricates, fits, or services orthoses and assists in the
21 formulation of the prescription of orthoses as prescribed by
22 a licensed physician or a physician licensed to practice
23 podiatric medicine for the support or correction of
24 disabilities caused by neuro-musculoskeletal diseases,
25 injuries, or deformities.
26 "Pedorthist" means a person who designs, fabricates, and
27 fits therapeutic footwear, orthoses (for feet only), and
28 modified footwear based on a licensed physician's
29 prescription.
30 "Person" means a natural person.
31 "Prosthesis" means an artificial medical device that is
32 not surgically implanted and that is used to replace a
33 missing limb, appendage, or any other external human body
34 part including an artificial limb, hand, or foot.
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1 "Prosthesis" does not include artificial eyes, ears, fingers,
2 or toes, dental appliances, cosmetic devices (such as
3 artificial breasts, eyelashes, or wigs), or other devices
4 that do not have a significant impact on the musculoskeletal
5 functions of the body.
6 "Prosthetics" means the science and practice of
7 evaluating, measuring, designing, fabricating, assembling,
8 fitting, adjusting, or servicing a prosthesis under an order
9 from a licensed physician.
10 "Prosthetist" means a person who measures, designs,
11 fabricates, fits, or services prostheses and assists in the
12 formulation of the prescription of prostheses as prescribed
13 by a licensed physician, for the replacement of external
14 parts of the human body lost due to amputation or congenital
15 deformities or absences.
16 "Prosthetist/orthotist" means a person who practices both
17 disciplines of prosthetics and orthotics and who represents
18 himself or herself to the public by title or by description
19 of services.
20 "Registered prosthetist/orthotist assistant" means a
21 person registered under this Act who assists a licensed
22 orthotist, prosthetist, or prosthetist/orthotist with patient
23 care services and the fabrication of orthoses or prostheses.
24 "Registered prosthetic/orthotic technician" means a
25 person registered under this Act who assists the orthotist,
26 prosthetist, or prosthetist/orthotist with fabrication of
27 orthoses or prostheses.
28 "Resident" means a person that has completed an education
29 program in either orthotics or prosthetics and is continuing
30 his or her clinical education in a residency accredited by
31 the National Commission on Orthotic and Prosthetic Education.
32 "Scope of practice" means a list of tasks, with relative
33 weight given to such factors as importance, criticality, and
34 frequency, based on internationally accepted standards of
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1 orthotic and prosthetic care as outlined by the International
2 Society of Prosthetics and Orthotics' professional profile
3 for Category I and Category III orthotic and prosthetic
4 personnel.
5 "Technician" means a person who assists an orthotist,
6 prosthetist, or prosthetist/orthotist with fabrication of
7 orthoses or prostheses but does not provide direct patient
8 care.
9 Section 1-15. Exceptions. This Act shall not be
10 construed to prohibit:
11 (1) a physician licensed in this State to practice
12 medicine in all its branches from engaging in the
13 practice for which he or she is licensed;
14 (2) a person licensed in this State under any other
15 Act from engaging in the practice for which he or she is
16 licensed;
17 (3) the practice of orthotics or prosthetics by a
18 person who is employed by the federal government or any
19 bureau, division, or agency of the federal government
20 while in the discharge of the employee's official duties;
21 (4) the practice of orthotics or prosthetics by a
22 student enrolled in a school of orthotics or prosthetics
23 or in a refresher course approved by the Department if
24 the practice is included in the program of study;
25 (5) the practice of orthotics or prosthetics by one
26 who is an orthotist or prosthetist licensed under the
27 laws of another state or territory of the United States
28 or another country and has applied in writing to the
29 Department, in a form and substance satisfactory to the
30 Department, for a license as an orthotist or prosthetist
31 and who is qualified to receive the license under Section
32 1-35 until (A) the expiration of 6 months after the
33 filing of the written application, (B) the withdrawal of
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1 the application, or (C) the denial of the application by
2 the Department;
3 (6) a person licensed by this State as a physical
4 therapist or occupational therapist from engaging in the
5 practice of his or her profession or applying temporary
6 or low-temperature orthotic devices;
7 (7) the practice of pedorthics by a pedorthist in
8 the design, fabrication, and fit of therapeutic footwear,
9 foot orthoses (for feet only), and modified footwear.
10 Section 1-20. Powers and duties of the Department. The
11 Department may adopt rules consistent with the provisions of
12 this Act and may prescribe forms for its administration and
13 enforcement. The Board shall adopt rules as necessary to set
14 standards and requirements. The Board shall adopt rules as
15 necessary to establish eligibility for registration to
16 practice orthotics and prosthetics as an assistant or
17 technician.
18 Section 1-25. Board of Orthotics and Prosthetics.
19 (a) There is established a Board of Orthotics and
20 Prosthetics, which shall consist of 7 voting members to be
21 appointed by the Governor. Two members shall be practicing
22 licensed orthotists or licensed prosthetist/orthotists; 2
23 members shall be practicing licensed prosthetists or licensed
24 prosthetist/orthotists; 2 members shall be members of the
25 public who are consumers of orthotic and prosthetic
26 professional services; and one member shall be licensed by
27 the State as a doctor of medicine or doctor of osteopathy
28 specializing in orthopaedic medicine and surgery or a doctor
29 of podiatry.
30 (b) An administrative director of the Board shall be a
31 State employee who is appointed by the Director and shall
32 serve as an ex-officio member of the Board without voting
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1 power. The ex-officio member shall be compensated according
2 to the State's compensation program for his or her duties and
3 responsibilities.
4 (c) Each member of the Board, except the ex-officio
5 member, shall serve a term of 3 years, except that of the
6 initial appointments to the Board, 2 members shall be
7 appointed for one year, 2 members shall be appointed for 2
8 years, and 3 members shall be appointed for 3 years. Each
9 member shall hold office and execute his or her Board
10 responsibilities until the qualification and appointment of
11 his or her successor. Except for the ex-officio member, no
12 member of the Board shall serve more than 8 consecutive years
13 or 2 full terms, whichever is greater.
14 (d) The ex-officio member of the Board shall serve only
15 so long as he or she occupies the incumbent's position as
16 administrative director of the Board. In the event of a
17 vacancy within the administrative director's position, an
18 acting administrative director may be appointed to serve on
19 the Board in the interim.
20 (e) All Board members shall serve without compensation,
21 except that members shall be reimbursed for necessary and
22 reasonable expenses, including but not limited to travel and
23 out-of-pocket costs, for fulfilling their duties and
24 responsibilities as members of the Board.
25 (f) Except for the ex-officio member, a member may be
26 removed from the Board by the Governor for any one of the
27 following:
28 (1) Loss of license as an orthotist, prosthetist,
29 or prosthetist/orthotist for disciplinary reasons.
30 (2) Loss of license as a doctor of medicine, doctor
31 of osteopathy, or doctor of podiatry.
32 (3) Failure to fulfill his or her duties and
33 responsibilities as a Board member.
34 (4) Having been found by the Department or a court
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1 of competent jurisdiction to be culpable for committing
2 acts of moral turpitude, malfeasance in office, or
3 criminal behavior.
4 (g) The ex-officio member may be removed only if he or
5 she is removed from or vacates the position of administrative
6 director of the Board.
7 Section 1-30. Application for original license. An
8 application for an original license, certificate of
9 registration, or temporary license shall be made to the
10 Department in writing on a form prescribed by the Department
11 and shall be accompanied by the required fee, which shall not
12 be refundable. An application shall require information that
13 in the judgement of the Department will enable the Department
14 to pass on the qualifications of the applicant for a
15 license.
16 Section 1-35. Qualifications for licensure.
17 (a) To qualify for a license to practice orthotics and
18 prosthetics, a person shall:
19 (1) possess a baccalaureate degree from a college
20 or university approved by the Department;
21 (2) have completed the amount of formal training,
22 including but not limited to any hours of classroom
23 education and clinical practice established by the
24 Commission on Accreditation of Allied Health Education
25 Programs and as the Board deems necessary and
26 appropriate. The majority of training must be devoted to
27 services performed under the supervision of a
28 practitioner of orthotics or prosthetics or a person
29 certified as a Certified Orthotist (CO), Certified
30 Prosthetist (CP), or Certified Prosthetist and Orthotist
31 (CPO) whose certification was obtained before the
32 effective date of this Act;
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1 (3) complete a clinical residency in the
2 professional area for which a license is sought in
3 accordance with standards, guidelines, or procedures for
4 clinical residencies inside or outside this State
5 established by the National Commission on Orthotic
6 Prosthetic Education or by the Board;
7 (4) pass all written, practical, and oral
8 examinations that are required and approved by the Board;
9 and
10 (5) be qualified to practice in accordance with
11 internationally accepted standards of orthotic and
12 prosthetic care as outlined by the International Society
13 of Prosthetics and Orthotics' professional profile for
14 Category I orthotic and prosthetic personnel or as
15 outlined by the American Board for Certification in
16 Orthotics and Prosthetics, Incorporated.
17 (b) The standards and requirements for licensure
18 established by the Board shall be substantially equal to or
19 in excess of standards commonly accepted in the profession of
20 orthotics and prosthetics. The Board shall adopt rules as
21 necessary to set the standards and requirements.
22 Section 1-40. Examination requirement.
23 (a) The Department shall authorize examinations of
24 applicants as orthotists and prosthetists at times and places
25 as it may determine. The examination of applicants shall be
26 of a character to fairly test the qualifications of the
27 applicant to practice orthotics or prosthetics.
28 (b) Applicants for examination as orthotists and as
29 prosthetists shall be required to pay, either to the
30 Department or the designated testing service, a fee covering
31 the cost of providing the examination. Failure to appear
32 for the examination on the scheduled date at the time and
33 place specified after the applicant's application for
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1 examination has been received and acknowledged by the
2 Department or the designated testing service shall result in
3 the forfeiture of the examination fee.
4 (c) If an applicant neglects, fails, or refuses to take
5 an examination or fails to pass an examination for a license
6 under this Act within 3 years after filing his or her
7 application, the application shall be denied. However, the
8 applicant may make a new application accompanied by the
9 required fee.
10 (d) The Department shall set by rule the maximum number
11 of attempts that an applicant may make to pass the
12 examination within a specified period of time. The Department
13 shall also determine any further training required before a
14 reexamination.
15 (e) The Department may employ consultants for the
16 purpose of preparing and conducting examinations. Applicants
17 for an examination as an orthotist or a prosthetist shall be
18 required to pay, either to the Department or to the
19 designated testing service, a fee covering the cost of
20 providing the examination.
21 Section 1-45. Implementation of Act.
22 (a) Within 6 months after the effective date of this
23 Act, all persons practicing orthotics or prosthetics or
24 representing themselves to be practitioners of orthotics or
25 prosthetics shall make application to the Department on forms
26 provided by the Department and shall pay the appropriate
27 application fee.
28 (b) From 6 months after the effective date of this Act
29 until June 30, 1999, no person shall engage in the practice
30 of orthotics or prosthetics without a license or a
31 certificate of registration.
32 (c) Until June 30, 1999, a person certified as a
33 Certified Orthotist (CO), Certified Prosthetist (CP), or
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1 Certified Prosthetist and Orthotist (CPO) by the American
2 Board for Certification in Prosthetics and Orthotics,
3 Incorporated, or holding similar certifications from other
4 accrediting bodies with equivalent educational requirements,
5 may apply for and shall be granted licensure under this Act
6 on payment of the required fee. After that date, all
7 applicants for licensure as an orthotist or a prosthetist
8 shall meet the requirements of Section 1-35 of this Act.
9 (d) A person who does not qualify for licensure under
10 Section 1-35 or subsection (c) of this Section shall not
11 practice orthotics or prosthetics without a certificate of
12 registration. Until June 30, 1998, the Department shall issue
13 a nonrenewable certificate of registration to an applicant on
14 payment of a $20 fee. The certificate of registration shall
15 automatically expire on June 30, 1999. A registrant issued a
16 certificate under this subsection shall be subject to the
17 disciplinary provisions of this Act in the same manner as a
18 licensee.
19 (e) On and after July 1, 1999, no person shall practice
20 orthotics or prosthetics in this State or hold himself or
21 herself out as being able to practice either profession,
22 unless he or she is licensed in accordance with Section 1-35
23 of this Act.
24 (f) Notwithstanding any other provision of this Section,
25 a person who has practiced full time for the past 7 years in
26 a prosthetic/orthotic facility as an orthotist, prosthetist,
27 prosthetist/orthotist, assistant, or technician on the
28 effective date of this Act may file an application with the
29 Board within 180 days of the effective date of this Act in
30 order to continue to practice orthotics or prosthetics at his
31 or her identified level of practice. The applicant shall be
32 issued a license or certificate of registration to practice
33 orthotics or prosthetics without examination upon receipt by
34 the Department of payment of the licensing or registration
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1 fee required under Section 1-65 of this Act and after the
2 Board has completed an investigation of the applicant's work
3 history. The Board shall complete its investigation for the
4 purposes of this Section within 6 months of the date of the
5 application. The investigation may include but is not limited
6 to completion by the applicant of a questionnaire regarding
7 the applicant's work history and scope of practice.
8 Section 1-50. Renewal; restoration; military service.
9 (a) The expiration date and renewal period for each
10 license issued under this Act shall be set by rule of the
11 Department. The Board shall establish continuing education
12 requirements for the renewal of a license. These requirements
13 shall be based on established standards of competence.
14 (b) A person who has permitted his or her license to
15 expire or who has had his or her license on inactive status
16 may have his or her license restored by making application to
17 the Department and filing proof acceptable to the Department
18 of his or her fitness to have his or her license restored,
19 including but not limited to sworn evidence certifying to
20 active practice in another jurisdiction satisfactory to the
21 Department, and by paying the required restoration fee. If
22 the person has not maintained an active practice in another
23 jurisdiction satisfactory to the Department, the Board shall
24 determine, by an evaluation program established by rule, his
25 or her fitness to resume active status and may require the
26 person to complete a period of evaluated clinical experience
27 and may require successful completion of a practical
28 examination.
29 (c) A person whose license expired while he or she was
30 (1) in federal Service on active duty with the Armed Forces
31 of the United States or with the State Militia called into
32 service or training or (2) in training or education under the
33 supervision of the United States preliminary to induction
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1 into the military service, may have his or her license
2 renewed or restored without paying a lapsed renewal fee if,
3 within 2 years after termination from the service, training,
4 or education except under conditions other than honorable, he
5 or she furnished the Department with satisfactory evidence to
6 the effect that he or she has been so engaged and that his or
7 her service, training, or education has been so terminated.
8 Section 1-55. Elective inactive status. A person who
9 notifies the Department in writing on forms prescribed by the
10 Department may elect to place his or her license on an
11 inactive status and shall, subject to rules of the
12 Department, be excused from payment of renewal fees until he
13 or she notifies the Department in writing of his or her
14 desire to resume active status.
15 A person requesting restoration from inactive status
16 shall be required to pay the current renewal fee and shall be
17 required to restore his or her license as provided in Section
18 1-50 of this Act.
19 An orthotist or prosthetist whose license is on an
20 inactive status shall not practice orthotics or prosthetics
21 in this State.
22 Section 1-60. Endorsement; temporary license; residency
23 registration.
24 (a) The Department may, at its discretion, license as
25 either an orthotist or as a prosthetist, without examination
26 and on payment of the required fee, an applicant who is an
27 orthotist or prosthetist who is (1) licensed under the laws
28 of another state, territory, or country, if the requirements
29 for licensure in that state, territory, or country in which
30 the applicant was licensed were, at the date of his or her
31 licensure, substantially equal to the requirements in force
32 in this State on that date or (2) certified by a national
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1 certification organization with educational and testing
2 standards equal to or more stringent than the licensing
3 requirements of this State.
4 (b) The Board may issue a temporary license to a person
5 who:
6 (1) has become a resident of this State within the
7 last 6 months or who has moved to this State with the
8 intent to fulfill residency requirements;
9 (2) has applied for a license as an orthotist,
10 prosthetist, or prosthetist/orthotist; and
11 (3) has been licensed by a state of former
12 residence that has licensing requirements equal to or
13 more stringent than the requirements of this Act.
14 A temporary license shall be valid for one year from the
15 date of issuance, and may be renewed upon presentation of
16 good cause to the Board for up to one additional year.
17 (c) The Board may issue an orthotic or prosthetic
18 residency registration certificate to a person who has a
19 bachelor's degree from a college or university approved by
20 the Board, has completed an educational program accredited by
21 the Commission on Accreditation of Allied Health Education
22 Programs, and who is working toward fulfilling the
23 requirements for licensing as an orthotist, prosthetist, or
24 prosthetist/orthotist in a residency program accredited by
25 the National Commission on Orthotic and Prosthetic Education.
26 A residency registrant may only work under the direct and
27 immediate supervision of a licensed orthotist or prosthetist
28 who shall be responsible for the acts of the residency
29 registrant. A residency registration certificate is valid for
30 no more than 2 years from the date of issuance and may be
31 renewed once for an additional 2-year period.
32 Section 1-65. Fees. The following fees are not
33 refundable:
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1 (1) The fee for application for a license as an
2 orthotist or a prosthetist is $25.
3 (2) The fee for the renewal of a license as an
4 orthotist, prosthetist, or orthotist/prosthetist shall be
5 calculated at the rate of $25 per year.
6 (3) The fee for the restoration of a license other
7 than from inactive status is $10, plus payment of all
8 lapsed renewal fees, but not to exceed $135.
9 (4) The fee for the issuance of a duplicate license
10 or certificate of registration, for the issuance of a
11 replacement license or certificate for a license or
12 certificate that has been lost or destroyed, or for the
13 issuance of a license or certificate with a change of
14 name or address other than during the renewal period is
15 $10. No fee is required for name and address changes on
16 Department records when no duplicate license or
17 certificate is issued.
18 (5) The fee for a certification of a licensee's or
19 registrant's record for any purpose is $10.
20 (6) The fee to have the scoring of an examination
21 administered by the Department reviewed and verified is
22 $10, plus any fees charged by the applicable testing
23 service.
24 (7) The fee for a wall certificate showing
25 licensure shall be the actual cost of producing the
26 certificate.
27 (8) The fee for a roster of persons licensed or
28 registered as an orthotist, prosthetist, or
29 orthotist/prosthetist in this State shall be the actual
30 cost of reproducing the roster.
31 Section 1-70. Roster of licensees and registrants. The
32 Department shall maintain a current roster of the names and
33 addresses of all licensees, registrants, and all persons
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1 whose licenses have been suspended or revoked within the
2 previous year. This roster shall be available upon written
3 request and payment of the required fee.
4 Section 1-75. Practice by corporations. Nothing in this
5 Act shall restrict licensees or registrants from forming
6 professional service corporations under the provisions of the
7 Professional Service Corporation Act.
8 Section 1-80. Grounds for discipline.
9 (a) The Department may refuse to issue or renew a
10 license, may revoke or suspend a license, or may suspend,
11 place on probation, censure, or reprimand a licensee for any
12 one or combination of the following:
13 (1) Making a material misstatement in furnishing
14 information to the Department or the Board.
15 (2) Violations of or negligent or intentional
16 disregard of this Act or its rules.
17 (3) Conviction of any crime that, under the laws of
18 the United States or of a state or territory of the
19 United States, is a felony or a misdemeanor, an essential
20 element of which is dishonesty, or of a crime that is
21 directly related to the practice of the profession.
22 (4) Making a misrepresentation for the purpose of
23 obtaining a license.
24 (5) Professional incompetence.
25 (6) Malpractice.
26 (7) Aiding or assisting another person in violating
27 a provision of this Act or its rules.
28 (8) Failing, within 60 days, to provide information
29 in response to a written request made by the Department.
30 (9) Engaging in dishonorable, unethical, or
31 unprofessional conduct or conduct of a character likely
32 to deceive, defraud, or harm the public.
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1 (10) Habitual intoxication or addiction to the use
2 of drugs.
3 (11) Discipline by another state or territory of
4 the United States, the federal government, or foreign
5 nation, if at least one of the grounds for the discipline
6 is the same or substantially equivalent to one set forth
7 in this Section.
8 (12) Directly or indirectly giving to or receiving
9 from a person, firm, corporation, partnership, or
10 association a fee, commission, rebate, or other form of
11 compensation for professional services not actually or
12 personally rendered.
13 (13) A finding by the Board that the licensee or
14 registrant, after having his or her license placed on
15 probationary status has violated the terms of probation.
16 (14) Abandonment of a patient or client.
17 (15) Willfully making or filing false records or
18 reports in his or her practice, including but not limited
19 to false records filed with State agencies or
20 departments.
21 (16) Willfully failing to report an instance of
22 suspected child abuse or neglect as required by the
23 Abused and Neglected Child Reporting Act.
24 (17) Physical illness, including but not limited to
25 deterioration through the aging process or loss of motor
26 skill, which results in the inability to practice the
27 profession with reasonable judgement, skill, or safety.
28 (18) Solicitation of professional services using
29 false or misleading advertising.
30 (b) The determination by a circuit court that a licensee
31 or registrant is subject to involuntary admission or judicial
32 admission, as provided in the Mental Health and Developmental
33 Disabilities Code, operates as an automatic suspension. The
34 suspension will end only upon (i) a finding by a court that
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1 the patient is no longer subject to involuntary admission or
2 judicial admission and the court issues an order so finding
3 and discharging the patient and (ii) upon the recommendation
4 of the Board to the Director that the licensee or registrant
5 be allowed to resume his or her practice.
6 Section 1-85. Injunction; cease and desist order.
7 (a) If any person violates a provision of this Act, the
8 Director may, in the name of the People of the State of
9 Illinois and through the Attorney General of the State of
10 Illinois, petition for an order enjoining the violation or
11 for an order enforcing compliance with this Act. Upon the
12 filing of a verified petition in court, the court may issue a
13 temporary restraining order, without notice or bond, and may
14 preliminarily and permanently enjoin the violation, and if it
15 is established that the person has violated or is violating
16 the injunction, the court may punish the offender for
17 contempt of court. Proceedings under this Section shall be in
18 addition to, and not in lieu of, all other remedies and
19 penalties provided by this Act.
20 (b) If a person practices as an orthotist, prosthetist,
21 or orthotist/prosthetist, or holds himself or herself out as
22 an orthotist, prosthetist, or orthotist/prosthetist, without
23 being licensed or registered under the provisions of this
24 Act, then any other licensed or registered orthotist,
25 prosthetist, or orthotist/prosthetist, any interested party,
26 or any person injured by the person may, in addition to the
27 Director, petition for relief as provided in subsection (a)
28 of this Section.
29 (c) Whenever in the opinion of the Department a person
30 violates a provision of this Act, the Department may issue a
31 rule to show cause why an order to cease and desist should
32 not be entered against him or her. The rule shall clearly set
33 forth the grounds relied upon by the Department and shall
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1 provide a period of 7 days from the date of the rule to file
2 an answer to the satisfaction of the Department. Failure to
3 answer to the satisfaction of the Department shall cause an
4 order to cease and desist to be issued immediately.
5 Section 1-90. Investigations; notice and hearing. The
6 Department may investigate the actions of an applicant or of
7 a person or persons holding or claiming to hold a license.
8 The Department shall, before refusing to issue or renew a
9 license, at least 10 days prior to the date set for the
10 hearing, notify in writing the applicant for or holder of a
11 license of the nature of the charges and that a hearing will
12 be held on the date designated. The written notice may be
13 served by personal delivery or by certified or registered
14 mail to the respondent at the address of his or her last
15 notification to the Department. At the time and place fixed
16 in the notice, the Board shall proceed to hear the charges
17 and the parties or their counsel shall be afforded ample
18 opportunity to present statements, testimony, evidence, and
19 argument that may be pertinent to the charges or to the
20 defense to the charges. The Board may continue the hearing
21 from time to time.
22 Section 1-95. Transcript. The Department, at its
23 expense, shall preserve a record of all proceedings at the
24 formal hearing of a case involving the refusal to issue or
25 renew a license. The notice of hearing, complaint, and all
26 other documents in the nature of pleadings and written
27 motions filed in the proceedings, the transcript of
28 testimony, the report of the Board, and orders of the
29 Department shall be in the record of the proceeding.
30 Section 1-100. Compelling testimony. A circuit court may,
31 upon application of the Director or his or her designee or of
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1 the applicant or licensee against whom proceedings under
2 Section 1-90 of this Act are pending, enter an order
3 requiring the attendance of witnesses and their testimony and
4 requiring the production of documents, papers, files, books,
5 and records in connection with a hearing or investigation.
6 The court may compel obedience to its order through contempt
7 proceedings.
8 Section 1-105. Board findings and recommendations. At
9 the conclusion of the hearing the Board shall present to the
10 Director a written report of its findings and
11 recommendations. The report shall contain a finding whether
12 or not the accused person violated this Act or failed to
13 comply with the conditions required in this Act. The Board
14 shall specify the nature of the violation or failure to
15 comply and shall make its recommendations to the Director.
16 The report of findings and recommendations of the Board
17 shall be the basis for the Department's order for the refusal
18 or for the granting of a license, unless the Director shall
19 determine that the Board report is contrary to the manifest
20 weight of the evidence, in which case the Director may issue
21 an order in contravention to the Board report. The finding
22 is not admissible in evidence against the person in a
23 criminal prosecution brought for a violation of this Act, but
24 the hearing and finding are not a bar to a criminal
25 prosecution brought for a violation of this Act.
26 Section 1-110. Motion for rehearing. In any case
27 involving the refusal to issue or renew a license or the
28 discipline of a licensee, a copy of the Board's report shall
29 be served upon the respondent by the Department, either
30 personally or as provided in this Act for the service of the
31 notice of hearing. Within 20 days after service, the
32 respondent may present to the Department a motion in writing
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1 for a rehearing, which shall specify the particular grounds
2 for rehearing. If no motion for rehearing is filed, then upon
3 the expiration of the time specified for filing the motion,
4 or if a motion for rehearing is denied, then upon the denial,
5 the Director may enter an order in accordance with
6 recommendations of the Board except as provided in Section
7 1-105 of this Act. If the respondent shall order from the
8 reporting service, and pay for a transcript of the record
9 within the time for filing a motion for rehearing the 20-day
10 period within which the motion may be filed shall commence
11 upon the delivery of the transcript to the respondent.
12 Section 1-115. Rehearing on order of Director. Whenever
13 the Director is not satisfied that substantial justice has
14 been done in the revocation, suspension, or refusal to issue
15 or renew a license, the Director may order a rehearing by the
16 same or other examiners.
17 Section 1-120. Appointment of hearing officer. The
18 Director shall have the authority to appoint an attorney
19 licensed to practice law in the State of Illinois to serve as
20 a hearing officer in an action for refusal to issue or renew
21 a license or to discipline a licensee. The hearing officer
22 shall have full authority to conduct the hearing. The
23 hearing officer shall report his or her findings and
24 recommendations to the Board and the Director. The Board
25 shall have 60 days from receipt of the report to review the
26 report of the hearing officer and present its findings of
27 fact, conclusions of law, and recommendations to the
28 Director. If the Board fails to present its report within
29 the 60-day period, the Director shall issue an order based on
30 the report of the hearing officer. If the Director
31 determines that the Board's report is contrary to the
32 manifest weight of the evidence, he or she may issue an order
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1 in contravention of the Board's report.
2 Section 1-125. Order or certified copy. An order or a
3 certified copy of an order, over the seal of the Department
4 and purporting to be signed by the Director, shall be prima
5 facie proof:
6 (1) that the signature is the genuine signature of
7 the Director;
8 (2) that the Director is duly appointed and
9 qualified; and
10 (3) that the Board and its members are qualified to
11 act.
12 Section 1-130. Restoration of suspended or revoked
13 license. At any time after the suspension or revocation of
14 any license, the Department may restore the license to the
15 accused person upon the written recommendation of the Board
16 unless, after an investigation and a hearing, the Board
17 determines that restoration is not in the public interest.
18 Section 1-135. Surrender of license. Upon the revocation
19 or suspension of a license, the licensee shall immediately
20 surrender the license to the Department and if the licensee
21 fails to do so, the Department shall have the right to seize
22 the license.
23 Section 1-140. Temporary suspension of a license. The
24 Director may temporarily suspend the license of an orthotist,
25 prosthetist, or orthotist/prosthetist without a hearing,
26 simultaneously with the institution of proceedings for a
27 hearing provided for in Section 1-90 of this Act, if the
28 Director finds that evidence in his or her possession
29 indicates that a licensee's continuation in practice would
30 constitute an imminent danger to the public. If the Director
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1 temporarily suspends a license without a hearing, a hearing
2 by the Board must be held within 30 days after the suspension
3 has occurred.
4 Section 1-145. Administrative Review Law; Venue. All
5 final administrative decisions of the Department are subject
6 to judicial review pursuant to the provisions of the
7 Administrative Review Law and its rules. The term
8 "administrative decision" is defined as in Section 3-101 of
9 the Administrative Review Law.
10 Proceedings for judicial review shall be commenced in the
11 circuit court of the county in which the party applying for
12 review resides, but if the party is not a resident of this
13 State, the venue shall be in Sangamon County.
14 Section 1-150. Certifications of record; costs. The
15 Department shall not be required to certify any record to the
16 Court or file any answer in court or otherwise appear in any
17 court in a judicial review proceeding unless there is filed
18 in the court, with the complaint, a receipt from the
19 Department acknowledging payment of the costs of furnishing
20 and certifying the record, which shall be computed at the
21 rate of 20 cents per page of the record. Failure on the part
22 of a plaintiff to file a receipt in court shall be grounds
23 for dismissal of the action.
24 Section 1-155. Penalties. A person who is found to have
25 violated a provision of this Act is guilty of a Class A
26 misdemeanor for a first offense and is guilty of a Class 4
27 felony for a second or subsequent offense.
28 Section 1-160. Illinois Administrative Procedure Act. The
29 Illinois Administrative Procedure Act is hereby expressly
30 adopted and incorporated in this Act as if all of the
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1 provisions of that Act were included in this Act, except
2 that the provision of paragraph (c) of Section 16 of The
3 Illinois Administrative Procedure Act, which provides that at
4 hearings the licensee has the right to show compliance with
5 all lawful requirements for retention, continuation, or
6 renewal of the license, is specifically excluded and for
7 purposes of this Act, the notice required under Section 10 of
8 the Illinois Administrative Procedure Act is deemed
9 sufficient when mailed to the last known address of a party.
10 Section 1-165. Home rule preemption. It is declared to be
11 the public policy of this State, pursuant to paragraph (h) of
12 Section 6 of Article VII of the Illinois Constitution of 1970
13 that a power or function set forth in this Act to be
14 exercised by the State is an exclusive State power or
15 function. No power or function granted under this Act shall
16 be exercised concurrently, either directly or indirectly, by
17 a unit of local government, including home rule units,
18 except as otherwise provided in this Act.
19 Section 1-170. Orthotics and Prosthetics License Fund.
20 There is created the Orthotics and Prosthetics License Fund
21 as a special fund in the State Treasury. All moneys collected
22 by the Department under this Act shall be deposited into the
23 Fund and shall be used, pursuant to appropriation, by the
24 Department to administer and enforce this Act.
25 ARTICLE 2
26 Section 2-1. Short title. This Article may be cited as
27 the Real Estate Appraiser Licensing Act. All references in
28 this Article to "this Act" shall mean this Article.
29 Section 2-5. Legislative purpose. The purpose of this Act
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1 is to repeal and replace Article 2 of the Real Estate License
2 Act of 1983 and, in order to protect the public, to require
3 real estate appraisers in federally related transactions to
4 obtain a real estate appraiser license. It is the intent of
5 the General Assembly that this Act be consistent with the
6 provisions of Title XI of the federal Financial Institutions
7 Reform, Recovery and Enforcement Act of 1989, Title VIII of
8 the Civil Rights Act of 1968 (Fair Housing Act), and the
9 Illinois Human Rights Act.
10 Section 2-10. Definitions. As used in this Act:
11 "Appraisal" means an analysis, opinion or conclusion
12 relating to the nature, quality, value or utility of
13 specified interests in, or aspects of, identified real
14 estate, for or in expectation of compensation. An appraisal
15 may be classified by purpose into either a valuation or an
16 analysis. A "valuation" is an estimate of the value of real
17 estate or real property. An "analysis" is a study of real
18 estate or real property other than estimating value.
19 "Appraisal assignment" means an engagement for which an
20 appraiser is employed or retained to act, or would be
21 perceived by third parties or the public as acting, as a
22 disinterested third party in rendering an unbiased analysis,
23 opinion, or conclusion relating to the nature, quality,
24 value, or utility of specified interests in or aspects of
25 identified real estate. "Appraisal assignment" includes
26 valuation work and analysis work.
27 "Appraiser" or "real estate appraiser" means a person who
28 performs appraisals.
29 "Commissioner" means the Commissioner of Banks and Real
30 Estate.
31 "Director" means the Director of the Real Estate
32 Appraisal Administration Division of the Office of Banks and
33 Real Estate.
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1 "Federally related transaction" means any real estate
2 related financial transaction that requires a licensed or
3 certified real estate appraiser under federal law or
4 regulation.
5 "Financial institution" means a bank, savings bank,
6 savings and loan association, credit union, mortgage broker,
7 mortgage banker, licensee under the Consumer Installment Loan
8 Act or the Sales Finance Agency Act or a corporate fiduciary,
9 subsidiary, affiliate, parent company, or holding company of
10 any such licensee.
11 "Office" means the Office of Banks and Real Estate.
12 "Real estate" means an identified parcel or tract of
13 land, including improvements, if any.
14 "Real Estate Appraisal Board" or "Board" means the Real
15 Estate Appraisal Board established in this Act.
16 "Real estate related financial transaction" means any
17 transaction involving:
18 (1) the sale, lease, purchase, investment in
19 property or exchange of real property, or the financing
20 of the real property;
21 (2) the refinancing of real property or interests
22 in real property; or
23 (3) the use of real property or interests in
24 property as security for a loan or investment, including
25 but not limited to mortgage-backed securities.
26 "Real property" means the interest, benefits, and rights
27 inherent in the ownership of real estate.
28 "Report" means any communication, written or oral, of an
29 appraisal, review, or consulting service that is transmitted
30 to a client of a licensee.
31 "State Certified Residential Real Estate Appraiser" means
32 a real estate appraiser who holds (i) a license issued for
33 that title under Article 2 of the Real Estate License Act of
34 1983 before the effective date of this Act, (ii) a license
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1 issued under this Act upon application for examination
2 received by the Office before the effective date of this Act
3 but issued after that date, or (iii) a license issued for
4 that title under this Act.
5 "State Certified General Real Estate Appraiser" means a
6 real estate appraiser who holds (i) a license issued for that
7 title under Article 2 of the Real Estate License Act of 1983
8 before the effective date of this Act, (ii) a license issued
9 under this Act upon application for examination received by
10 the Office before the effective date of this Act but issued
11 after that date, or (iii) a license issued for that title
12 under this Act.
13 "State Licensed Real Estate Appraiser" means a real
14 estate appraiser who holds (i) an active license issued for
15 that title under Article 2 of the Real Estate License Act of
16 1983 before the effective date of this Act, (ii) a license
17 issued under this Act upon application for examination
18 received by the Office before the effective date of this Act
19 but issued after that date, or (iii) a license issued for
20 that title under this Act.
21 "Uniform Standards of Professional Appraisal Practice" or
22 "USPAP" means the standards of professional appraisal
23 practice as promulgated by the Appraisal Standards Board of
24 the Appraisal Foundation.
25 Section 2-15. License requirement; title; exemptions.
26 (a) No person shall engage in the business of, act in
27 the capacity of, advertise, or assume to act as a real estate
28 appraiser, develop or report real estate appraisals, or
29 appraise real estate, in a federally related transaction,
30 without a license to practice as a real estate appraiser
31 issued by the Office under this Act. A person who violates
32 this subsection is guilty of a Class A misdemeanor.
33 (b) No person, other than a State Certified General Real
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1 Estate Appraiser, State Certified Residential Real Estate
2 Appraiser, or State Licensed Real Estate Appraiser, shall
3 assume or use these titles or any other title, designation,
4 or abbreviation likely to create the impression that the
5 person is licensed by the State of Illinois as a real estate
6 appraiser.
7 Section 2-20. Director of Real Estate Appraisal
8 Administration.
9 (a) The Commissioner shall appoint a Director of Real
10 Estate Appraisal Administration. The person appointed as the
11 Director must hold either a current State Certified General
12 Real Estate Appraiser license or a current State Certified
13 Residential Real Estate Appraiser license and be a designated
14 member of at least one of the appraisal organizations that,
15 at the time of appointment, are represented on the Appraisal
16 Foundation. The Director shall be credited with all fees and
17 continuing education requirements that come due during the
18 term of employment.
19 (b) The Director shall:
20 (1) be the direct liaison between the Office of
21 Banks and Real Estate and the Real Estate Appraisal Board
22 and shall assist the Board in carrying out its functions
23 and duties under this Act;
24 (2) be the direct liaison between the Office of
25 Banks and Real Estate and real estate appraisers, real
26 estate appraisal organizations, and other real estate
27 related organizations;
28 (3) administer the provisions of this Act, direct
29 and supervise the Real Estate Appraisal Administration
30 Division of the Office of Banks and Real Estate, subject
31 to the approval of the Commissioner;
32 (4) prepare and circulate to licensed appraisers
33 educational and informational materials that the Office
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1 of Banks and Real Estate deems necessary for guidance or
2 assistance to licensed appraisers; and
3 (5) appoint committees and hire contractors as
4 necessary to assist in the administration and enforcement
5 of this Act.
6 Section 2-25. Real Estate Appraisal Board.
7 (a) There is hereby established the Real Estate
8 Appraisal Board which shall consist of the following 10
9 voting members appointed by the Governor:
10 (1) Seven members shall be real estate appraisers
11 who have been licensed real estate appraisers in the
12 State of Illinois for not less than 5 years immediately
13 preceding their appointment. Of those 7 members, at least
14 4 members shall be State Certified General Real Estate
15 Appraisers or State Certified Residential Real Estate
16 Appraisers and at least 2 members shall be State
17 Certified General Real Estate Appraisers. At least 2 of
18 the 7 members appointed under this subdivision (1) shall
19 be members in good standing of an association that
20 represents the Statewide real estate industry. At least 2
21 members appointed under this subdivision (1) shall be
22 members in good standing of an Illinois not-for-profit
23 corporation incorporated after 1993 that represents and
24 promotes the interests of the Statewide appraisal
25 profession.
26 The membership of a person appointed to the Board
27 under this subdivision shall automatically terminate in
28 the event that any such member's license goes to a status
29 other than active and in good standing. Each of the 7
30 appraiser members shall be credited with all fees and
31 continuing education requirements that come due during
32 his or her appointed term and active service on the
33 Board.
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1 (2) One member shall be a representative of a
2 financial institution, as evidenced by his or her
3 employment with an institution that is a member of a
4 financial institution association that represents the
5 interests of Illinois financial institutions.
6 (3) Two members shall be members of the general
7 public. The public members shall not be employed by a
8 financial institution or registered in any state as a
9 real estate appraiser.
10 (b) In meeting the appointment criteria prescribed in
11 this Section, each appointee shall be attributed as being a
12 member of the Board from only one of the 4 classifications
13 set forth in subdivisions (1), (2), and (3).
14 (c) The Director shall act as a member of the Board, but
15 shall not vote.
16 (d) Members shall be appointed to 4-year terms, except
17 that of the initial appointments, 3 members shall be
18 appointed to serve 4-year terms, 3 members to serve 3-year
19 terms, 3 members to serve 2-year terms, and 1 member to serve
20 a one-year term. Appointments to fill vacancies shall be
21 made in the same manner as original appointments and shall be
22 for the unexpired portion of the term. A member may be
23 reappointed for successive terms, but no member shall serve
24 more than 10 years during his or her lifetime. Upon
25 expiration of their terms, members of the Board shall
26 continue to hold office until the appointment of their
27 successors or until their resignation. Members of the Real
28 Estate Appraisal Committee, created under the Real Estate
29 License Act of 1983, who are serving on that Board on the day
30 preceding the effective date of this Act, shall comprise the
31 Real Estate Appraisal Board until the Governor makes the
32 initial appointments in accordance with subsection (a).
33 (e) The membership of the Board should reasonably
34 reflect representation from the various geographic and
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1 demographic areas of the State.
2 (f) The Board shall meet at least quarterly to conduct
3 its business. Special meetings may be called by the
4 chairperson or by 3 voting members by providing written
5 notice of the meeting to all voting members. Written notice
6 of the time and place of each meeting shall be given to each
7 voting member of the Board at least 10 days before the
8 scheduled date of a meeting. Upon the written waiver of the
9 10-day notice requirement by all of the voting members of the
10 Board, the Board may meet after less notice.
11 (g) A majority of the duly appointed and actively
12 serving voting members of the Board shall constitute a
13 quorum. If a quorum is present, the action of a majority of
14 those voting members present shall constitute the action of
15 the Board.
16 (h) The voting members of the Board shall annually
17 elect, at the first regular meeting of the calendar year, a
18 chairperson and a vice-chairperson from among the voting
19 members to preside over meetings and a secretary who may be a
20 non-member. The member elected as chairperson shall serve as
21 chairperson for a term of one year. The vice-chairperson
22 shall preside over meetings when the chairperson is absent.
23 If the elected chairperson dies, resigns as chairperson or is
24 so physically or mentally disabled that he or she can no
25 longer serve as chairperson, the Board shall elect a new
26 chairperson from among the voting members. A member may serve
27 as chairperson more than once, but no person shall serve as
28 chairperson for more than 2 consecutive full terms.
29 (i) Each member shall receive a per diem stipend as the
30 Commissioner shall determine. Each member shall be paid
31 necessary expenses while engaged in the performance of his or
32 her Board duties. Subject to appropriation, the Commissioner
33 shall disburse per diem stipends and expenses from moneys in
34 the Appraisal Administration Fund.
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1 (j) The Governor may terminate the appointment of a
2 member for cause which in the opinion of the Governor
3 reasonably justifies the termination. Cause for termination
4 shall include, but not be limited to, misconduct, incapacity,
5 neglect of duty, or missing 4 Board meetings during one
6 calendar year.
7 Section 2-30. Powers and duties of the Board. The Real
8 Estate Appraisal Board has the following powers and duties:
9 (a) The Board shall conduct hearings on charges against
10 licensees under this Act for violations of this Act and shall
11 report its findings on the charges to the Office of Banks and
12 Real Estate.
13 (b) The Board shall make recommendations to the Office
14 of Banks and Real Estate on rules and procedures to implement
15 the provisions and policies of this Act.
16 Section 2-35. Powers and duties of the Office of Banks
17 and Real Estate.
18 (a) None of the functions, powers, or duties enumerated
19 in Section 2-70, 2-90, 2-95, 2-105, or 2-110 shall be
20 exercised by the Office of Banks and Real Estate except upon
21 the action and report in writing by the Board.
22 (b) The Office of Banks and Real Estate, after
23 considering the recommendations of the Board, may adopt rules
24 consistent with the provisions of this Act to administer and
25 enforce this Act. The Office of Banks and Real Estate may, no
26 later than 60 days after the effective date of this Act,
27 adopt emergency rules pursuant to Section 5-45 of the
28 Illinois Administrative Procedure Act for the implementation
29 of this Act. For purposes of the Illinois Administrative
30 Procedure Act, the adoption of initial rules shall be
31 considered an emergency and necessary for the public
32 interest, safety, and welfare.
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1 (c) The Office of Banks and Real Estate has the
2 following additional powers and duties:
3 (1) to receive applications for State appraiser
4 licensing, for licensing of appraisal course providers,
5 and for approval of appraisal education courses;
6 (2) to establish the administrative procedures for
7 processing applications for State licensing of
8 appraisers, appraisal course providers, and appraisal
9 education courses;
10 (3) to approve or disapprove applications and to
11 issue licenses;
12 (4) to maintain a registry of the names and
13 addresses of all licenses issued under this Act and to
14 transmit the registry, along with any National registry
15 fees that may be required, to the entity specified by,
16 and in a manner consistent with, Title XI of the federal
17 Financial Institutions Reform, Recovery and Enforcement
18 Act of 1989;
19 (5) to retain records and application materials
20 submitted to it;
21 (6) to assist the Board in any other manner the
22 Board may request.
23 (d) The Commissioner has the power to refuse to issue or
24 renew a license or to suspend, revoke, reprimand, place on
25 probation, or otherwise discipline a license issued under
26 this Act, upon recommendation of the Board pursuant to the
27 disciplinary proceedings provided for in this Act.
28 The Commissioner shall give due consideration to all
29 recommendations of the Board on questions involving the
30 administration of this Act, standards of professional
31 conduct, and the discipline and examination of candidates
32 under this Act.
33 If the Commissioner disagrees with or takes action
34 contrary to a recommendation of the Board, the Commissioner
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1 shall provide the Board with a written and specific
2 explanation of the disagreement or action within 30 days of
3 the date that the written recommendation is delivered to the
4 Commissioner.
5 (e) The Office of Banks and Real Estate shall adopt or
6 amend rules in accordance with federal laws and regulations
7 concerning appraisals in federally related transactions.
8 (f) Without in any manner limiting the power of the
9 Office of Banks and Real Estate to conduct investigations,
10 the Director of Real Estate Appraisal Administration may
11 appoint one or more State Certified Residential Real Estate
12 Appraisers or State Certified General Real Estate Appraisers
13 to conduct or assist in any investigation pursuant to this
14 Act. Appraisers appointed under this subsection may receive
15 remuneration as determined by the Commissioner.
16 Section 2-40. Fees; Appraisal Administration Fund.
17 (a) The Office of Banks and Real Estate may provide by
18 rule for fees to be paid by applicants, licensees, and other
19 persons under this Act to cover the reasonable costs of the
20 Office of Banks and Real Estate in administering the
21 provisions of the Act. The fees shall be deposited into the
22 Appraisal Administration Fund.
23 (b) The Appraisal Administration Fund is created in the
24 State Treasury. Pursuant to appropriation, moneys deposited
25 into the Fund may be used by the Office of Banks and Real
26 Estate to administer and enforce this Act and for other
27 purposes as provided by law.
28 Section 2-45. Licensing process.
29 (a) The Office of Banks and Real Estate, directly or
30 through its authorized designee, shall issue a license to
31 each applicant who qualifies for a license under this Act in
32 the form and size as shall be prescribed by the Office.
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1 Applications for original licensure, renewal licensure, and
2 examinations as an appraiser, an appraisal education
3 provider, or for approval of an appraisal course shall be
4 made in writing to the Office of Banks and Real Estate on
5 forms prescribed by the Office.
6 When an applicant (i) has had his or her license revoked
7 or otherwise disciplined or supervised on a prior occasion,
8 (ii) is found to have committed a practice enumerated in
9 Section 2-90, or (iii) has been convicted of forgery,
10 embezzlement, obtaining money under false pretenses, larceny,
11 extortion, conspiracy to defraud, or a similar offense or has
12 been convicted of a felony involving moral turpitude in a
13 court of competent jurisdiction in this State or another
14 state, district, or territory of the United States or of a
15 foreign country, the Office of Banks and Real Estate shall
16 consider the prior revocation, conduct, or conviction in its
17 determination of the applicant's moral character and whether
18 to grant the applicant a license. In its consideration of the
19 prior revocation, conduct, or conviction, the Office of Banks
20 and Real Estate shall take into account the nature of the
21 conduct, any aggravating or extenuating circumstances, the
22 time elapsed since the revocation, conduct, or conviction,
23 the rehabilitation or restitution performed by the applicant,
24 and any other factors the Office of Banks and Real Estate
25 deems relevant. When an applicant has made a false statement
26 of material fact on his or her application, the false
27 statement may in itself be sufficient grounds to refuse to
28 issue or renew a license, to suspend or revoke a license, or
29 to reprimand, place on probation, or otherwise discipline a
30 licensee.
31 (b) Appropriate fees, as set by rule, shall accompany
32 all applications for original licensure, renewal licensure,
33 and examination. All fees are nonrefundable.
34 (c) At the time of filing an application for licensure,
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1 an applicant shall sign a pledge to comply with this Act and
2 shall state that he or she understands the types of
3 misconduct for which disciplinary proceedings may be
4 initiated against a real estate appraiser under this Act.
5 Section 2-50. Examination requirement.
6 (a) A license as a real estate appraiser shall not be
7 issued to a person who has not demonstrated, through a
8 comprehensive written examination process provided for by
9 rule, competence to transact the business of a real estate
10 appraiser, within the rank for which the applicant has
11 applied.
12 (b) The Office of Banks and Real Estate, or its
13 designated testing service, shall conduct examinations for
14 appraiser licensure at times and places that the Office of
15 Banks and Real Estate determines are sufficient and
16 appropriate.
17 Section 2-55. Examination prerequisites. As a
18 prerequisite to taking the examination for a rank of
19 appraiser licensure, an applicant shall (i) present evidence
20 of successful completion of a 4-year course of study in a
21 high school or secondary school approved by the Illinois
22 State Board of Education or an equivalent course of study as
23 determined by an examination conducted by the Illinois State
24 Board of Education which shall be verified under oath by the
25 applicant and (ii) present evidence, satisfactory to the
26 Office of Banks and Real Estate, that the applicant has
27 successfully completed not less than 150 classroom hours in
28 the case of an applicant for a State Certified General Real
29 Estate Appraiser license, 90 classroom hours in the case of
30 an applicant for a State Certified Residential Real Estate
31 Appraiser license, or 60 classroom hours in the case of an
32 applicant for a State Licensed Real Estate Appraiser license,
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1 or that amount mandated under Title XI of the federal
2 Financial Institutions Reform, Recovery and Enforcement Act
3 of 1989, whichever is greater, or their equivalent as
4 provided by rule, of courses in subjects relating to real
5 estate appraisal. In addition, the applicant shall present
6 evidence of successful completion of 15 classroom hours
7 relating to standards of professional practice. The
8 classroom hours required by this Section shall be obtained
9 from one or more of the following entities approved by the
10 Office of Banks and Real Estate:
11 (1) a college or university;
12 (2) a community college or junior college;
13 (3) a real estate appraisal or real estate related
14 organization;
15 (4) a trade association or organization that
16 consists in whole or in part of members engaged in real
17 estate appraising; or
18 (5) any other provider approved by the Office of
19 Banks and Real Estate.
20 The Office of Banks and Real Estate shall require by rule
21 completion of course work in fair housing and fair lending,
22 which shall be included within the requirements of this
23 Section.
24 Section 2-60. Experience requirement.
25 (a) A license as a State Certified General Real Estate
26 Appraiser or State Certified Residential Real Estate
27 Appraiser shall not be issued to a person who does not
28 possess 2 years of experience, or that amount mandated under
29 Title XI of the federal Financial Institutions Reform,
30 Recovery and Enforcement Act of 1989, whichever is greater,
31 or their equivalent as provided by rule of the Office of
32 Banks and Real Estate. For the purposes of this Section, one
33 year of experience means 1,000 hours of experience.
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1 Approved experience shall include fee appraisal, staff
2 appraisal, mass appraisal in accordance with the USPAP, ad
3 valorem tax appraisal, mass ad valorem tax appraisal in
4 accordance with the USPAP, review appraisal in accordance
5 with the USPAP, highest and best use analysis, feasibility
6 analysis or study in accordance with the USPAP, real estate
7 sales and brokerage, real estate consulting in accordance
8 with the USPAP, real property management, and other related
9 experience approved by the Office of Banks and Real Estate
10 and in accordance with the USPAP. Nevertheless, the amount of
11 credit granted for this experience shall be equivalent to the
12 amount of credit that may be granted for the experience under
13 Title XI of the federal Financial Institutions Reform,
14 Recovery and Enforcement Act of 1989.
15 An applicant for a license shall provide to the Office of
16 Banks and Real Estate on forms prescribed by rule of the
17 Office a summary of the level and type of experience for
18 which the applicant is claiming credit. To obtain experience
19 credit for the preparation of a written appraisal report, the
20 applicant shall provide in the experience summary the date of
21 appraisal, the type of property, the approximate size of the
22 property (including land and improvements), and the general
23 location of the property. Nothing in this Section shall
24 require, as a condition of obtaining experience credit, that
25 a real estate appraiser disclose the identity of the client
26 for whom the appraisal was performed. The Office of Banks and
27 Real Estate may require that an applicant provide samples of
28 the applicant's work for which experience is claimed.
29 Of the total experience requirement, at least 50% must be
30 earned in one or more of the following areas: fee appraisal,
31 staff appraisal, ad valorem tax appraisal, review appraisal,
32 or real estate consulting.
33 (b) An applicant who has been engaged in appraising
34 real property for ad valorem purposes as a local assessment
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1 officer, as defined in Section 1-85 of the Property Tax Code
2 or as a deputy or employee of a local assessment officer,
3 shall receive experience credit for the number of hours the
4 applicant was engaged in one or more of the following duties:
5 (1) the analysis and establishment of the value of
6 properties through the cost, income, and market sale
7 appraisal techniques;
8 (2) model development and calibration in relation
9 to mass ad valorem tax assessments; and
10 (3) the review and analysis of appraisals employing
11 cost, income, and market sale appraisal techniques.
12 The experience under this subsection (b) shall not be
13 required to be set forth in the form of the experience
14 summary as provided in subsection (a) of Section 2-60. All
15 persons who seek experience credit under this subsection (b)
16 shall attach his or her own affidavit as a supporting
17 document to the application form of the Office of Banks and
18 Real Estate. The applicant's affidavit shall detail the
19 experience for which credit is being claimed and the length
20 of time the applicant was engaged in these duties as a local
21 assessment officer, or deputy or employee of a local
22 assessment officer. The applicant shall attach to this
23 affidavit an Assessment Experience Certification form
24 executed by the local assessment officer or his or her
25 designee in the following form:
26 "Assessment Experience Certification.
27 Pursuant to the provisions of subsection (b) of
28 Section 2-60 of the Real Estate Appraiser Licensing Act,
29 it is hereby certified that (Applicant's Name) was
30 engaged in appraising (residential .....%)
31 (nonresidential....%) real estate for ad valorem tax
32 purposes as a local assessment officer, or as a deputy or
33 employee of a local assessment officer, from (date)
34 through (date) and during this time period was engaged
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1 in one or more of the following duties: (1) the analysis
2 and establishment of the value of properties through the
3 cost, income, and market sale appraisal techniques; (2)
4 model development and calibration in relation to mass ad
5 valorem tax assessments; (3) the review and analysis of
6 appraisals employing cost, income, and market sale
7 appraisal techniques, and that the experience is
8 accurately described in the affidavit to which this
9 Certificate is attached and supported by assessment
10 records available under Section 14-30 of the Property Tax
11 Code or the Freedom of Information Act.
12 By:
13 _________________________
14 Local Assessment Officer"
15 Upon submission of the application, affidavit, and the
16 Assessment Experience Certification form, the Commissioner
17 shall grant the experience credit set forth in this
18 subsection. Notwithstanding other provisions of this Act, the
19 amount of experience credit granted for appraising real
20 property for ad valorem tax purposes as a local assessment
21 officer, or deputy or employee of a local assessment officer,
22 shall be equivalent to the amount of credit that may be
23 granted for that experience under the provisions of Title XI
24 of the federal Financial Institutions Reform, Recovery and
25 Enforcement Act of 1989.
26 (c) An applicant who has been licensed for 5 of the
27 previous 7 years with the Office of Banks and Real Estate as
28 a real estate broker or real estate salesperson shall receive
29 credit for appraisal experience equal to 40% of the total
30 experience requirement. This experience as a real estate
31 broker or real estate salesperson shall not be required to be
32 set forth in the form required in subsection (a). The balance
33 of the experience requirement shall be set forth in the form
34 of the experience summary as provided in subsection (a).
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1 (d) Of the total experience requirement for State
2 Certified General Real Estate Appraisers, at least 50% must
3 be approved experience relating to nonresidential real
4 estate.
5 (e) Of the total experience required for State Certified
6 Residential Real Estate Appraisers, at least 50% must be
7 approved experience relating to residential real estate.
8 (f) Proof of experience shall not be required for
9 licensure as a State Licensed Real Estate Appraiser. The
10 license of a State Licensed Real Estate Appraiser who has
11 been licensed for a period of 2 years shall be renewed only
12 if the licensee meets the following experience requirements:
13 (1) Prior to the first renewal after the licensee
14 has been licensed for 2 years, the licensee possesses at
15 least 500 hours of experience. A licensee may, at the
16 time of applying for the first renewal, submit 1,000
17 hours of experience.
18 (2) Unless the licensee submitted 1,000 hours of
19 experience under the provisions of subdivision (1), prior
20 to the second renewal after the licensee has been
21 licensed for a period of 2 years, the licensee possesses
22 500 hours experience. The experience required under this
23 subdivision must be earned after the first renewal after
24 the licensee has been licensed for a period of 2 years.
25 All real estate appraisal experience granted shall be in
26 accordance with this Section.
27 (g) The Office of Banks and Real Estate may waive the
28 experience requirement of this Section for good cause. A
29 renewal applicant seeking renewal of a license without having
30 fully complied with the experience requirement of subsection
31 (a) shall file with the Office of Banks and Real Estate a
32 renewal application, the required renewal fee, an affidavit
33 setting forth the facts concerning the noncompliance, a
34 request for waiver of the experience requirement on the basis
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1 of those facts, and a waiver processing fee of $25. If the
2 Office of Banks and Real Estate finds from the affidavit or
3 any other evidence submitted that good cause has been shown
4 for granting a waiver, the Office of Banks and Real Estate
5 shall waive enforcement of the experience requirement for the
6 renewal period for which the applicant has applied. For
7 purposes of this subsection, "good cause" means an inability
8 of the applicant to reasonably complete the requisite
9 appraisal experience because there has been an insufficient
10 amount of appraisal activity in the geographic area where the
11 applicant practices real estate appraising. In determining
12 whether good cause exists, the Office of Banks and Real
13 Estate may consider (i) the amount of appraisal experience
14 earned by the applicant in proportion to the total appraisal
15 activity within the geographic area where the applicant
16 practices real estate appraising and (ii) the reasonableness
17 of the geographic area the applicant defines as the area
18 where the applicant practices real estate appraising. "Good
19 cause" shall also include an inability of the applicant to
20 complete the experience requirement because of extreme
21 hardship, which includes but is not limited to an
22 incapacitating illness or full-time service in the armed
23 services in the United States of America, during a
24 substantial part of the prerenewal period.
25 Section 2-65. Issuance of license; renewal. The Office of
26 Banks and Real Estate shall issue a license as a real estate
27 appraiser or as a real estate appraisal education provider or
28 shall approve an appraisal course, as appropriate, to a
29 person, course provider, or courses meeting the requirements
30 for licensure under this Act. The term of a license issued
31 under this Act shall be established by rule. The expiration
32 date of the license shall appear on the license. The Office
33 of Banks and Real Estate shall establish by rule procedures
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1 for the issuance of renewal notices and procedures for the
2 renewal of a license under this Act.
3 Section 2-70. Nonresident licensure and reciprocity.
4 (a) A nonresident may be licensed under this Act upon
5 complying with all the provisions and conditions required for
6 licensure in this State and upon payment of the appropriate
7 fees.
8 (b) A nonresident may be licensed under this Act by
9 reciprocity, upon complying with all the provisions of a
10 reciprocity agreement between this State and another state,
11 territory of the United States, or District of Columbia. Upon
12 the recommendation of the Board, the Office of Banks and Real
13 Estate shall enter into an agreement of reciprocity with an
14 appraiser regulation jurisdiction of another state, territory
15 of the United States, or the District of Columbia that, in
16 the opinion of the Board and Office of Banks and Real Estate,
17 has similar, equal, or greater qualifications and
18 requirements for licensure as an appraiser.
19 (c) Every nonresident applicant shall file an
20 irrevocable consent that suits and actions arising out of
21 appraisal work in this State may be commenced against the
22 licensed appraiser in the circuit court of a county of this
23 State in which the cause of action arose or in which the
24 plaintiff resides by the service of legal process on the
25 Director of Real Estate Appraisal Administration, the
26 irrevocable consent agreeing that service on the Director
27 shall be acknowledged in all courts to be valid and binding
28 as if personal service of process had been made upon the
29 nonresident in this State. If process is served upon the
30 Director of Real Estate Appraisal Administration, it shall be
31 the Director's duty to forward a copy of the process by
32 registered mail to the last known address of the licensed
33 appraiser against whom the process is directed.
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1 (d) The Office of Banks and Real Estate shall adopt
2 rules consistent with Title XI of the Federal Financial
3 Institutions Reform, Recovery, and Enforcement Act of 1989
4 permitting nonresident licensed appraisers to practice in
5 Illinois on a temporary basis.
6 Section 2-75. Scope of practice.
7 (a) State Licensed Real Estate Appraisers, State
8 Certified Residential Real Estate Appraisers, and State
9 Certified General Real Estate Appraisers are not limited in
10 their scope of practice and may independently or in
11 cooperation with other appraisers provide services of
12 appraisal, review, or consulting relating to any type
13 property for which the licensee is experienced and competent.
14 All such appraisal practice must be in compliance with the
15 competency provision of the USPAP.
16 (b) The scope of practice of individual licensees may be
17 limited as a disciplinary measure through an Order of Facts
18 and Findings, a Consent Order, or a Consent to Administrative
19 Supervision issued by the Commissioner.
20 Section 2-80. Prohibited licensing of entities.
21 (a) The title "State Certified General Real Estate
22 Appraiser", "State Certified Residential Real Estate
23 Appraiser", or "State Licensed Real Estate Appraiser" may
24 only be used to refer to a person licensed as an appraiser
25 under this Act and may not be used following or immediately
26 in connection with the name or signature of a firm,
27 partnership, limited liability company, corporation, or
28 group, or in a manner that it might be interpreted as
29 referring to a firm, partnership, limited liability company,
30 corporation, group, or anyone other than an individual holder
31 of a license.
32 (b) No license shall be issued under this Act to a
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1 corporation, partnership, limited liability company, firm, or
2 group. This subsection shall not be construed to prevent a
3 licensee from signing an appraisal report on behalf of a
4 corporation, partnership, limited liability company, firm, or
5 group practice.
6 Section 2-85. Continuing education requirements.
7 (a) As a prerequisite to renewal of an appraiser
8 license, a renewal applicant shall present evidence
9 satisfactory to the Office of Banks and Real Estate of having
10 completed not less than 20 hours of continuing education per
11 renewal period or that amount mandated under Title XI of the
12 Federal Financial Institutions Reform, Recovery and
13 Enforcement Act of 1989, whichever is greater, or their
14 equivalent as provided by rule, from courses approved by the
15 Office and presented by real estate appraisal education
16 providers licensed by the Office.
17 The Office of Banks and Real Estate may provide by rule
18 for the temporary waiver of continuing education requirements
19 for good cause.
20 (b) In lieu of meeting the requirements of subsection
21 (a) of this Section, an applicant for renewal of a license
22 may satisfy all or part of the requirements by presenting
23 evidence of participation, other than as a student, in
24 educational processes and programs approved pursuant to
25 subsection (a) that relate to real property appraisal theory,
26 practices, or techniques, including but not limited to
27 teaching, program development, and preparation of textbooks,
28 monographs, articles, and other instructional materials.
29 (c) The Office of Banks and Real Estate may by rule
30 require periodic testing of a licensee's understanding of
31 this Act. Continuing education credit hours may be awarded
32 for successful completion of the periodic examination.
33 (d) The Office of Banks and Real Estate shall require by
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1 rule the completion of course work in fair housing and fair
2 lending, which shall be included within the requirements of
3 this Section.
4 Section 2-90. Grounds for disciplinary action.
5 (a) Pursuant to the action and report in writing of the
6 Board, the Office of Banks and Real Estate may suspend,
7 revoke, or refuse to issue or renew the license of an
8 appraiser or place on probation or reprimand a licensee, may
9 impose a civil penalty not to exceed $10,000 upon a licensee,
10 or the holder of a license may be placed on administrative
11 supervision or otherwise disciplined for any one or
12 combination of the following reasons:
13 (1) Procuring or attempting to procure a license by
14 knowingly making a false statement, submitting false
15 information, refusing to provide complete information in
16 response to a question in an application for licensure or
17 through any form of fraud or misrepresentation.
18 (2) Failing to meet the minimum qualifications for
19 licensure as an appraiser established by this Act.
20 (3) Paying money, other than for the fees provided
21 for by this Act, or anything of value to a member or
22 employee of the Board or Office of Banks and Real Estate
23 to procure licensure under this Act.
24 (4) A conviction of a crime, including conviction
25 based upon a plea of guilty or nolo contendere.
26 (5) An act or omission involving dishonesty, fraud,
27 or misrepresentation with the intent to substantially
28 benefit the licensee or another person or with intent to
29 substantially injure another person.
30 (6) Violation of a provision or standard for the
31 development or communication of real estate appraisals as
32 provided in Section 2-110 of this Act or by rule.
33 (7) Failure or refusal without good cause to
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1 exercise reasonable diligence in developing and reporting
2 or communicating an appraisal.
3 (8) Negligence or incompetence in developing and
4 reporting or communicating an appraisal.
5 (9) Willfully disregarding or violating a provision
6 of this Act or its rules.
7 (10) Accepting an appraisal assignment for
8 valuation when the employment itself is contingent upon
9 the appraiser reporting a predetermined estimate,
10 analysis, or opinion or when the fee to be paid is
11 contingent upon the opinion, conclusion, or valuation
12 reached or upon the consequences resulting from the
13 appraisal assignment.
14 (11) Developing valuation conclusions based on the
15 race, color, religion, sex, national origin, ancestry,
16 age, marital status, familiar status, physical or mental
17 handicap, or unfavorable military discharge, as defined
18 under the Illinois Human Rights Act, of the prospective
19 or present owners or occupants of the area or property
20 under appraisal.
21 (12) Violation of the confidential nature of
22 government records to which the licensee gained access
23 through employment or engagement as an appraiser by a
24 government agency.
25 (13) Adjudication of liability in a civil
26 proceeding on grounds of fraud, misrepresentation, or
27 deceit. In a disciplinary proceeding based upon a finding
28 of civil liability, the appraiser shall be afforded an
29 opportunity to present mitigating and extenuating
30 circumstances, but may not collaterally attack the civil
31 adjudication.
32 (14) Adjudication of liability in a civil
33 proceeding for violation of a State or federal fair
34 housing law.
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1 (15) Engaging in misleading or untruthful
2 advertising or using a trade name or insignia of
3 membership in a real estate appraisal or real estate
4 related organization of which the licensee is not a
5 member.
6 (16) Failure to fully cooperate with an Office
7 investigation by knowingly making a false statement,
8 submitting false information, or refusing to provide
9 complete information in response to a question or other
10 requests by the Office.
11 (17) Failing to include within the certificate of
12 appraisal for all written appraisal reports the
13 appraiser's license number, licensure title (State
14 Licensed Real Estate Appraiser, State Certified
15 Residential Real Estate Appraiser, or State Certified
16 General Real Estate Appraiser), and the date of
17 expiration of the license. All appraisers providing
18 significant contribution to the development and reporting
19 of an appraisal must be disclosed in the appraisal
20 report. It is a violation of this Act for an appraiser
21 to sign a report, transmittal letter, or appraisal
22 certification knowing that a person providing significant
23 contribution to the report has not been disclosed in the
24 appraisal report.
25 (b) Pursuant to the action and report in writing of the
26 Board, the Office of Banks and Real Estate may suspend,
27 revoke, place on probation, reprimand, or otherwise
28 discipline the license of an appraisal education course
29 provider or course license subordinate to the providership,
30 or may refuse to issue or renew a course license or
31 provider's license and may also impose a civil penalty not to
32 exceed $10,000 upon the holder of the course or provider's
33 license for any of the following acts or omissions:
34 (1) Procuring or attempting to procure licensure by
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1 knowingly making a false statement, submitting false
2 information, refusing to provide complete information in
3 response to a question in an application for licensure or
4 through any form of fraud or misrepresentation.
5 (2) Failing to comply with covenants certified to
6 on the application for licensure as an appraisal
7 education provider, appraisal education subprovider,
8 prelicensure course, or continuing education course.
9 (3) An act or omission involving dishonesty, fraud,
10 or misrepresentation by the course provider or any
11 employees or independent contractors of the provider.
12 (4) Engaging in misleading or untruthful
13 advertising.
14 (5) Failing to retain competent instructors in
15 accordance with rules adopted under this Act.
16 (6) Failing to meet the topic or time requirements
17 for course approval as a prelicensure curriculum course
18 or a continuing education course.
19 (7) Failing to administer a licensed course using
20 the course materials, syllabus, and examinations
21 submitted as the basis of licensure.
22 (8) Failing to provide an appropriate classroom
23 environment for presentation of courses with
24 consideration for student comfort, acoustics, lighting,
25 seating, work space, and visual aid material.
26 (9) Failing to maintain student records in
27 compliance with rules adopted under this Act.
28 (10) Failing to provide certificates, transcripts,
29 or other student records to the Office or student as may
30 be required by rule.
31 (11) Failure to fully cooperate with an Office
32 investigation by knowingly making a false statement,
33 submitting false information, or refusing to provide
34 complete information in response to a question or other
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1 requests by the Office.
2 (c) Notwithstanding the provisions of this Act
3 concerning the conduct of hearings and recommendations for
4 disciplinary actions, a conference panel of the Board may
5 recommend to the Office of Banks and Real Estate who shall
6 have the authority to negotiate settlement agreements with
7 State Licensed Real Estate Appraisers, State Certified
8 General Real Estate Appraisers, State Certified Residential
9 Real Estate Appraisers, and appraiser education licensees or
10 applicants, resulting in disciplinary Consent Orders. Consent
11 Orders may provide for any of the forms of discipline
12 provided in this Act. Consent Orders shall provide that they
13 were not entered into as a result of any coercion by the
14 Office of Banks and Real Estate, the Director of Real Estate
15 Appraisal Administration, or the Board. A Consent Order shall
16 be filed with the Commissioner along with the Board's
17 recommendation and accepted or rejected by the Commissioner
18 in a timely manner.
19 (d) Notwithstanding the provisions of this Act
20 concerning the conduct of hearings and recommendations for
21 disciplinary actions, a conference panel of the Board may
22 recommend to the Office of Banks and Real Estate who on the
23 Board shall have the authority to negotiate settlement
24 agreements with State Licensed Real Estate Appraisers, State
25 Certified General Real Estate Appraisers, State Certified
26 Residential Real Estate Appraisers, appraiser education
27 licensees or applicants, resulting in disciplinary Consent to
28 Administrative Supervision Orders. Consent to Administrative
29 Supervision Orders may be offered with conditions that may
30 include but shall not be limited to the respondent's
31 attendance and successful completion of appraisal courses,
32 payment of part or all of the investigation and prosecution
33 costs associated with the complaint and replacement of
34 appraiser rank with a lower rank. Consent to Administrative
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1 Supervision Orders shall provide that they were not entered
2 into as a result of coercion by the Office of Banks and Real
3 Estate, the Director of Real Estate Appraisal Administration,
4 or the Board. Consent to Administrative Supervision Order
5 shall be filed with the Commissioner along with the Board's
6 recommendation and accepted or rejected by the Commissioner
7 in a timely manner. A licensee subject to a Consent to
8 Administrative Supervision Order shall be considered by the
9 Office as an active appraiser in good standing and the
10 records regarding an investigation and a Consent to
11 Administrative Supervision Order are confidential and shall
12 not be released by the Office except as mandated by law.
13 However, the complainant shall be notified that his or her
14 complaint has been resolved by administrative supervision of
15 the respondent.
16 (e) Civil penalties and costs collected under this
17 Section are to be deposited into the Appraisal Administration
18 Fund.
19 Section 2-95. Unlicensed practice; civil penalty.
20 (a) A person who practices, offers to practice, attempts
21 to practice, or holds himself or herself out to practice as a
22 State Licensed Real Estate Appraiser, State Certified
23 Residential Real Estate Appraiser, or State Certified General
24 Real Estate Appraiser without being licensed under this Act
25 shall, in addition to any other penalty provided by law, pay
26 a civil penalty to the Office of Banks and Real Estate in an
27 amount not to exceed $5,000 for each offense as determined by
28 the Office of Banks and Real Estate. The civil penalty shall
29 be assessed by the Office of Banks and Real Estate after a
30 hearing is held in accordance with the provisions set forth
31 in this Act regarding the provision of a hearing for the
32 discipline of a licensee.
33 (b) The Office of Banks and Real Estate has the
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1 authority and power to investigate any and all unlicensed
2 appraiser activity concerning federally related transactions.
3 (c) Civil penalties imposed by the Office of Banks and
4 Real Estate shall be enforceable in the Circuit Court. The
5 Office shall petition the Court for an order to enforce
6 collection of the penalty and, if the Court finds it has
7 jurisdiction over the person against whom the penalty was
8 imposed, the Court shall issue the appropriate order. Any
9 civil penalties collected by the Court shall be forwarded to
10 the State Treasurer. In addition to or in lieu of the
11 imposition of a civil penalty, the Office may report a
12 violation and the failure or refusal to comply with the order
13 of the Office to the Attorney General and the appropriate
14 State's Attorney.
15 Section 2-100. Investigation; notice; hearing.
16 (a) Upon the motion of either the Office of Banks and
17 Real Estate or the Board, or upon the verified complaint in
18 writing of a person setting forth facts that, if proven,
19 would constitute grounds for suspension, revocation, or other
20 disciplinary action against a licensee or applicant for
21 licensure, the Office of Banks and Real Estate shall cause to
22 be investigated the actions of any person so accused who
23 holds or represents to hold a license or has applied for
24 licensure under this Act.
25 (b) Before taking any disciplinary action, the Director
26 of Real Estate Appraisal Administration shall notify the
27 holder of the license, in writing, of the charges that are
28 the basis of the disciplinary action and shall direct the
29 applicant or licensee to file a written answer under oath
30 within 20 days after the service of the notice to the
31 Director of Real Estate Appraisal Administration. The
32 notification shall also inform the licensee of his or her
33 right to be heard in person or by legal counsel; that the
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1 hearing will be afforded not sooner than 30 days after
2 receipt of the answer to the specific charges; that failure
3 to file an answer will result in default being entered
4 against the applicant or licensee; and that the license may
5 be suspended, revoked, or placed on probationary status or
6 other disciplinary action may be taken, including limiting
7 the scope, nature, or extent of practice, as recommended by
8 the conference panel of the Board and with the concurrence of
9 the Commissioner. If the licensee or applicant fails to file
10 an answer after receiving notice, his or her license may, at
11 the discretion of the Office of Banks and Real Estate, be
12 suspended revoked, or placed on probationary status or the
13 Office of Banks and Real Estate may take whatever
14 disciplinary action it deems proper, including limiting the
15 scope, nature, or extent of the person's practice or imposing
16 a fine, without a hearing. The written notice shall be
17 considered legal service and may be served personally or sent
18 by registered or certified mail to the last known address of
19 the holder of the license.
20 (c) The Office of Banks and Real Estate has the power to
21 issue subpoenas and subpoena duces tecum to bring before it
22 any person in this State to take testimony or to require
23 production of any records relevant to an inquiry or hearing
24 by the Board in the same manner as prescribed by law in
25 judicial proceedings in the courts of this State. In a case
26 of refusal of a witness to attend or testify or to produce
27 books or papers concerning a matter upon which he or she
28 might be lawfully examined, the circuit court of the county
29 where the hearing is held, upon application of the Office of
30 Banks and Real Estate or a party to the proceeding, may
31 compel obedience by proceeding as for contempt.
32 Section 2-105. Hearing.
33 (a) The hearing on the charges shall be held at a time
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1 and place prescribed by the Office of Banks and Real Estate
2 and in accordance with the Illinois Administrative Procedure
3 Act.
4 (b) If on the conclusion of the hearing the Board
5 determines that a real estate appraiser licensed in this
6 State or a real estate appraiser education licensee is guilty
7 of a violation of a provision of this Act, it shall prepare a
8 finding of fact and a recommendation that the appraiser be
9 reprimanded, placed on probation, or otherwise disciplined or
10 that the appraiser's license be suspended or revoked or
11 otherwise disciplined. The Commissioner shall give due
12 consideration to the recommendations of the Board and shall
13 then enter a decision and order in the matter. If the
14 Commissioner takes action contrary to the recommendation of
15 the Board, the Commissioner shall file with the Board in
16 writing the action taken and the specific reasons for his or
17 her actions that are contrary to the Board's recommendation.
18 (c) A final administrative decision of the Commissioner
19 is subject to judicial review pursuant to the provisions of
20 the Administrative Review Law.
21 (d) An appraisal license that has been revoked as a
22 result of disciplinary action shall not be reinstated for a
23 period of 2 years from the date of revocation and only then
24 after the Board has reviewed the application for
25 reinstatement and recommended that the revoked license be
26 reinstated by the Office of Banks and Real Estate. In its
27 recommendation the Board must cite the basis of the
28 recommendation including its consideration of the applicant's
29 recent continuing education attendance.
30 (e) Notwithstanding the provisions of this Act
31 concerning the conduct of hearings and recommendations for
32 disciplinary actions, the Office of Banks and Real Estate has
33 the authority to negotiate agreements with appraisers and
34 appraiser education licensees or applicants for licensure
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1 which agreements shall be recorded as disciplinary Consent
2 Orders, or in lieu of publishable discipline, Consent to
3 Administrative Supervision Orders, as described in
4 subsections (b), (c), and (d) of Section 2-90.
5 (f) At any time after the revocation of a license, the
6 Commissioner may restore it to the accused person or course
7 provider, upon the written recommendation of the Board.
8 Section 2-110. Standards of practice. All licensees
9 under this Act must comply with standards of professional
10 appraisal practice adopted by the Office of Banks and Real
11 Estate at the recommendation of the Board. The Office of
12 Banks and Real Estate may adopt, as part of its own rules,
13 the Uniform Standards of Professional Appraisal Practice as
14 published from time to time by the Appraisal Foundation. The
15 Office of Banks and Real Estate shall consider federal laws
16 and regulations regarding the licensure of real estate
17 appraisers prior to adopting its own rules for the
18 administration of this Act.
19 Section 2-115. Retention of records. An appraiser
20 licensed under this Act shall retain for 5 years originals or
21 true copies of (i) all written contracts engaging his or her
22 services for real property appraisal work, and (ii) all
23 appraisal reports, exactly as transmitted to the client, and
24 supporting data assembled and formulated by the appraiser in
25 developing and reporting the appraisal. The 5-year period for
26 retention of records is applicable to each engagement of
27 services of the appraiser and shall commence upon the date of
28 the submittal of the appraisal to the client unless, within
29 the 5-year period, the appraiser is notified that the
30 appraisal or appraisal report is involved in litigation, in
31 which event the 5-year period for the retention of records
32 shall commence upon the date of the final disposition of the
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1 litigation. This record retention requirement also applies to
2 contracts and reports concerning appraisals listed for
3 experience credit, which shall be available for Office review
4 for a period of 5 years from the date the application for
5 examination is received by the Office.
6 Section 2-120. Statute of limitations. No action may
7 be taken under this Act against a person licensed under this
8 Act unless the action is commenced within 5 years after the
9 occurrence of the alleged violation. A continuing violation
10 will be deemed to have occurred on the date when the
11 circumstances last existed that gave rise to the alleged
12 continuing violation.
13 Section 2-125. Savings provisions. This Act is the
14 successor to the provisions of Article 2 of the Real Estate
15 License Act of 1983. Any persons formerly subject to the
16 provisions of Article 2 of the Real Estate License Act of
17 1983 shall be subject to this Act. Any actions taken
18 pursuant to Article 2 of the Real Estate License Act of 1983,
19 including the issuance of licenses or certificates, the
20 imposition of disciplinary proceedings, the holding of
21 hearings, and any other administrative action taken by the
22 Commissioner or the Real Estate Appraisal Board and all
23 rights, powers, and duties conferred under Article 2 of the
24 Real Estate License Act of 1983 shall be valid under this Act
25 and shall continue in full force and effect.
26 Section 2-130. Severability clause. If a provision of
27 this Act or its application to a person or circumstance is
28 held invalid, the invalidity does not affect other provisions
29 or applications of this Act that can be given effect without
30 the invalid provision or application, and to this end, the
31 provisions of this Act are severable.
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1 ARTICLE 3
2 Section 3-5. The Regulatory Agency Sunset Act is amended
3 by adding Section 4.18 as follows:
4 (5 ILCS 80/4.18 new)
5 Sec. 4.18. Acts repealed on January 1, 2008. The
6 following Acts are repealed on January 1, 2008:
7 The Orthotics and Prosthetics Practice Act.
8 The Real Estate Appraiser Licensing Act.
9 Section 3-10. The Illinois Notary Public Act is amended
10 by changing Sections 1-102, 1-104, 2-101, 2-102, 2-103,
11 2-105, 2-106, 3-101, 3-102, 3-104, 3-105, 4-101, 5-102,
12 6-102, 6-104, and 7-102 and adding Sections 1-105 and 7-110
13 as follows:
14 (5 ILCS 312/1-102) (from Ch. 102, par. 201-102)
15 Sec. 1-102. Purposes and Rules of Construction.
16 (a) This Act shall be construed and applied to promote
17 its underlying purposes and policies.
18 (b) The underlying purposes and policies of this Act
19 are:
20 (1) to simplify, clarify, and modernize the law
21 governing notaries public; and
22 (2) to promote, serve, and protect the public
23 interest.
24 (c) Nothing in this Act is intended to prohibit the
25 notarization of documents by a county clerk, judge, clerk or
26 deputy clerk of a court, or other person authorized by law to
27 administer oaths. The signature and title of that person
28 performing a notarial act are sufficient.
29 (Source: P.A. 84-322.)
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1 (5 ILCS 312/1-104) (from Ch. 102, par. 201-104)
2 Sec. 1-104. Definitions. As used in this Act: Notary
3 Public and Notarization Defined. (a) The terms
4 "Notary public" and "notary" are used interchangeably to
5 mean any individual appointed and commissioned to perform
6 notarial acts.
7 (b) "Notarization" means the performance of a notarial
8 act.
9 "Notarial act" means any act that a notary public of this
10 State is authorized to perform and includes taking an
11 acknowledgment, administering an oath or affirmation, taking
12 a verification upon oath or affirmation, witnessing or
13 attesting a signature, and certifying a copy when the notary
14 has the original document.
15 "Acknowledgment" means a notarial act in which a notary
16 certifies: (i) that a signer, whose identity is personally
17 known to the notary or proven on the basis of satisfactory
18 evidence, has admitted, in the notary's presence, having
19 signed a document voluntarily for its stated purpose; and
20 (ii) if the instrument is executed in a representative
21 capacity, that the person signed the instrument with proper
22 authority and executed it as the act of the person or entity
23 represented and identified in the instrument.
24 "In a representative capacity" means:
25 (1) for and on behalf of a corporation,
26 partnership, trust, or other entity as an authorized
27 officer, agent, partner, trustee, or other
28 representative;
29 (2) as a public officer, personal representative,
30 guardian, or other representative in the capacity recited
31 in the instrument;
32 (3) as an attorney in fact for a principal; or
33 (4) in any other capacity as an authorized
34 representative of another.
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1 "Oath" or "affirmation" means a notarial act or part of a
2 notarial act in which a notary certifies that a person made a
3 vow in the presence of the notary on penalty of perjury.
4 "Verification" or "jurat" means a notarial act in which a
5 notary certifies that a signer, whose identity is personally
6 known to the notary or proven on the basis of satisfactory
7 evidence, has made, in the notary's presence, a voluntary
8 signature and taken an oath or affirmation vouching for the
9 truthfulness of the signed document.
10 "Personal knowledge of identity" means familiarity with
11 an individual resulting from interactions with that
12 individual over a period of time sufficient to eliminate
13 every reasonable doubt that the individual has the identity
14 claimed.
15 "Official misconduct" generally means the wrongful
16 exercise of a power or the wrongful performance of a duty as
17 defined in Section 33-3 of the Criminal Code of 1961. As used
18 in this definition, "wrongful" means unauthorized, unlawful,
19 abusive, negligent, reckless, or injurious.
20 (Source: P.A. 84-322.)
21 (5 ILCS 312/1-105 new)
22 Sec. 1-105. Rulemaking authority. The Secretary of
23 State may promulgate rules concerning the administration of
24 this Act.
25 (5 ILCS 312/2-101) (from Ch. 102, par. 202-101)
26 Sec. 2-101. Appointment. The Secretary of State may
27 appoint and commission as notaries public for a five four
28 year term as many persons resident in a county in this State
29 as he deems necessary.
30 (Source: P.A. 84-322.)
31 (5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
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1 Sec. 2-102. Application. Every applicant for appointment
2 and commission as a notary shall complete an application form
3 furnished by the Secretary of State to be filed with the
4 Secretary of State, stating:
5 (a) the applicant's official name, which contains his or
6 her last name and at least the initial of the first name;
7 (b) the county in which the applicant resides or, for
8 nonresidents, the county in which the applicant is employed;
9 (c) the applicant's Illinois residence address or
10 Illinois and business address, if any, or any address at
11 which an applicant will use a notary public commission to
12 receive fees;
13 (d) that the applicant currently resides or is employed
14 has resided in the State of Illinois for 30 days preceding
15 the application;
16 (e) that the applicant is a citizen of the United States
17 or an alien lawfully admitted for permanent residence in the
18 United States;
19 (f) that the applicant is at least 18 years of age;
20 (g) that the applicant is able to read and write the
21 English language;
22 (h) that during the past 10 years the applicant's
23 commission as notary (if any) has not been revoked;
24 (i) that the applicant has not been convicted of a
25 felony; and
26 (j) any other information the Secretary of State deems
27 necessary.
28 (Source: P.A. 85-593.)
29 (5 ILCS 312/2-103) (from Ch. 102, par. 202-103)
30 Sec. 2-103. Appointment Fee. Every applicant for
31 appointment and commission as a notary public shall pay to
32 the Secretary of State a fee of $15 $10. Of the fee collected
33 under this Section for each appointment filed with the
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1 Secretary of State, $10 shall be deposited into the General
2 Revenue Fund and $5 shall be deposited into the Notary Public
3 Administration Fund, a special fund created within the State
4 treasury.
5 (Source: P.A. 85-1396.)
6 (5 ILCS 312/2-105) (from Ch. 102, par. 202-105)
7 Sec. 2-105. Bond. Every application for appointment and
8 commission as a notary public shall be accompanied by an
9 executed bond commencing on the date of the appointment with
10 a term of 5 4 years, in the sum of $5,000, with, as surety
11 thereon, a company qualified to write surety bonds in this
12 State. The bond shall be conditioned upon the faithful
13 performance of all notarial acts in accordance with this Act.
14 The Secretary of State may prescribe an official bond form.
15 (Source: P.A. 84-322.)
16 (5 ILCS 312/2-106) (from Ch. 102, par. 202-106)
17 Sec. 2-106. Appointment Recorded by County Clerk. The
18 appointment of the applicant as a notary public is complete
19 when the commission is recorded with the county clerk.
20 The Secretary of State shall forward the applicant's
21 commission to the county clerk of the county in which the
22 applicant resides or, for nonresidents, the county in which
23 the applicant is employed. Upon receipt thereof, the county
24 clerk shall notify the applicant of the action taken by the
25 Secretary of State, and the applicant shall either appear at
26 the county clerk's office to record the same and receive the
27 commission or request by mail to have the commission sent to
28 the applicant with a specimen signature of the applicant
29 attached to the request. The applicant shall have a record of
30 the appointment, and the time when the commission will
31 expire, entered in the records of the office of the county
32 clerk. When the applicant appears before the county clerk,
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1 the applicant shall pay a fee of $5, at which time the county
2 clerk shall then deliver the commission to the applicant.
3 If the appointment is completed by mail, The applicant
4 shall pay the county clerk a fee of $10.00, which shall be
5 submitted with the request to the county clerk. The county
6 clerk shall then record the appointment and deliver send the
7 commission by mail to the applicant.
8 If an applicant does not respond to the notification by
9 the county clerk within 30 days, the county clerk shall again
10 notify the applicant that the county clerk has received the
11 applicant's notary public commission issued by the Secretary
12 of State. The second notice shall be in substantially the
13 following form:
14 "The records of this office indicate that you have not
15 picked up your notary public commission from the Office
16 of the County Clerk.
17 The Illinois Notary Public Law requires you to appear in
18 person in the clerk's office, record your commission, and
19 pay a fee of $5.00 to the county clerk or request that
20 your commission be mailed to you. You This request must
21 submit be accompanied by a specimen of your signature and
22 a $10.00 fee payable to the county clerk.
23 Your appointment as a notary is not complete until the
24 commission is recorded with the county clerk.
25 Furthermore, if you do not make arrangements with the
26 clerk for recording and delivery of your commission
27 within 30 days from the date of this letter, the county
28 clerk will return your commission to the Secretary of
29 State. Your commission will be cancelled and your name
30 will be removed from the list of notaries in the State of
31 Illinois.
32 I should also like to remind you that any person who
33 attests to any document as a notary and is not a notary
34 in good standing with the Office of the Secretary of
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1 State is guilty of official misconduct and may be subject
2 to a fine or imprisonment".
3 The Secretary of State shall cancel the appointment of
4 all notaries whose commissions are returned to his office by
5 the county clerks. No application fee will be refunded and no
6 bonding company is required to issue a refund when an
7 appointment is cancelled.
8 (Source: P.A. 84-322.)
9 (5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
10 Sec. 3-101. Official Seal. Each notary public shall,
11 upon receiving the commission from the county clerk, obtain
12 an official rubber stamp seal with which the notary shall
13 authenticate his official acts. The rubber stamp seal shall
14 be embossed with contain the following information:
15 (a) the words "Official Seal";
16 (b) the notary's official name;
17 (c) the words "Notary Public", "State of Illinois", and
18 "My commission expires ........... (commission expiration
19 date on file with the Secretary of State)"; and
20 (d) a serrated or milled edge border in a rectangular
21 form not more than one inch in height by two and one-half
22 inches in length surrounding the information.
23 (Source: P.A. 84-322.)
24 (5 ILCS 312/3-102) (from Ch. 102, par. 203-102)
25 Sec. 3-102. Official Signature. At the time of
26 notarization, a notary public shall officially sign every
27 notary certificate and affix the rubber stamp seal clearly
28 and legibly using black ink, so that it is capable of
29 photographic reproduction. A notary public shall not use any
30 name or initial in signing certificates other than that by
31 which the notary was commissioned. The illegibility of any of
32 the information required by this Section does not affect the
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1 validity of a transaction.
2 (Source: P.A. 84-322.)
3 (5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
4 Sec. 3-104. Maximum Fee.
5 (a) Except as provided in subsections (a-5) and
6 subsection (b) of this Section, the maximum fee in this State
7 is $5 $1.00 for any notarial act performed.
8 (a-5) A notary public may charge fees relating to travel
9 to the notarization site, provided that both parties agree
10 upon that fee in advance.
11 (b) Fees for a notary public, agency, or any other
12 person who is not an attorney filling out legalization forms
13 or applications related to the Immigration Reform and Control
14 Act of 1986 shall be as follows:
15 (1) $75 per person;
16 (2) $75 per person up to 4 persons per immediate
17 family, with no additional charge for a fifth or
18 subsequent person where all persons are legally related;
19 (3) $10 per page for the translation of a
20 non-English language into English where such translation
21 is required for legalization forms;
22 (4) $5 $1 for notarizing; and
23 (5) $3 to execute any procedures necessary to
24 obtain a document required to complete legalization
25 forms.
26 Fees authorized under this subsection shall not include
27 application fees required to be submitted with a legalization
28 application in conformity with the Immigration and Control
29 Act of 1986.
30 Any person who violates the provisions of this subsection
31 shall be guilty of a Class A misdemeanor for a first offense
32 and a Class 3 felony for a second or subsequent offense
33 committed within 5 years of a previous conviction for the
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1 same offense.
2 (c) Upon his own information or upon complaint of any
3 person, the Attorney General or any State's Attorney, or
4 their designee, may maintain an action for injunctive relief
5 in the court against any notary public or any other person
6 who violates the provisions of subsection (b) of this
7 Section. These remedies are in addition to, and not in
8 substitution for, other available remedies.
9 If the Attorney General or any State's Attorney fails to
10 bring an action as provided pursuant to this subsection any
11 person may file a civil action to enforce the provisions of
12 this subsection and maintain an action for injunctive relief.
13 (Source: P.A. 85-593.)
14 (5 ILCS 312/3-105) (from Ch. 102, par. 203-105)
15 Sec. 3-105. Authority. A notary public shall have
16 authority to perform notarial acts throughout the State so
17 long as the notary resides or is employed in the same county
18 in which the notary was commissioned.
19 (Source: P.A. 84-322.)
20 (5 ILCS 312/4-101) (from Ch. 102, par. 204-101)
21 Sec. 4-101. Change of Name or Move from County. When any
22 notary public legally changes his or her name or moves from
23 the county in which he or she was commissioned, the notary
24 shall provide written notification to the Secretary of State.
25 Failure to notify the Secretary of State shall constitute
26 official misconduct commission ceases to be in effect and
27 should be returned to the Secretary of State. These
28 individuals who desire to again become a notary public must
29 file a new application, bond, and oath with the Secretary of
30 State.
31 (Source: P.A. 85-1209.)
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1 (5 ILCS 312/5-102) (from Ch. 102, par. 205-102)
2 Sec. 5-102. Solicitation to Purchase Bond. No person
3 shall solicit any notary public and offer to provide a surety
4 bond more than 60 days in advance of the expiration date of
5 the notary public's commission.
6 Nor shall any person solicit any applicant for a
7 commission or reappointment thereof and offer to provide a
8 surety bond for the notary commission unless any such
9 solicitation specifically sets forth in bold face type not
10 less than 1/4 inch in height the following: "WE ARE NOT
11 ASSOCIATED WITH ANY STATE OR LOCAL GOVERNMENTAL AGENCY".
12 Whenever it shall appear to the Secretary of State that
13 any person is engaged or is about to engage in any acts or
14 practices which constitute or will constitute a violation of
15 the provisions of this Section, the Secretary of State may,
16 in his discretion, through the Attorney General, apply for an
17 injunction, and, upon a proper showing, any circuit court
18 shall have power to issue a permanent or temporary injunction
19 or restraining order without bond to enforce the provisions
20 of this Act, and either party to such suit shall have the
21 right to prosecute an appeal from the order or judgment of
22 the court.
23 Any person, association, corporation, or others who
24 violate the provisions of this Section shall be guilty of a
25 business offense and punishable by a fine of not less than
26 $500 for each offense.
27 (Source: P.A. 84-322.)
28 (5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
29 Sec. 6-102. Notarial Acts.
30 (a) In taking an acknowledgment, the notary public must
31 determine, either from personal knowledge or from
32 satisfactory evidence, that the person appearing before the
33 notary and making the acknowledgment is the person whose true
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1 signature is on the instrument.
2 (b) In taking a verification upon oath or affirmation,
3 the notary public must determine, either from personal
4 knowledge or from satisfactory evidence, that the person
5 appearing before the notary and making the verification is
6 the person whose true signature is on the statement verified.
7 (c) In witnessing or attesting a signature, the notary
8 public must determine, either from personal knowledge or from
9 satisfactory evidence, that the signature, or signature by
10 mark or rubber stamp for blind or physically disabled
11 signers, is that of the person appearing before the notary
12 and named therein.
13 (d) A notary public has satisfactory evidence that a
14 person is the person whose true signature is on a document if
15 that person:
16 (1) is personally known to the notary;
17 (2) is identified upon the oath or affirmation of a
18 credible witness personally known to the notary; or
19 (3) is identified through a current card or
20 document issued by a federal or State government that
21 contains the person's photograph and signature, including
22 but not limited to a State driver's license or State
23 identification card, or a passport. In the absence of
24 government identification, the signer may be identified
25 with 2 forms of identification with signature, at least
26 one of which contains a photograph and physical
27 description on the basis of identification documents.
28 (Source: P.A. 84-322.)
29 (5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
30 Sec. 6-104. Acts Prohibited.
31 (a) A notary is disqualified from performing a notarial
32 act if the notary is a signer of, or named in, the document
33 that is to be notarized. A notary public shall not use any
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1 name or initial in signing certificates other than that by
2 which the notary was commissioned.
3 (b) (Blank). A notary public shall not acknowledge any
4 instrument in which the notary's name appears as a party to
5 the transaction.
6 (c) A notary public shall not affix his signature to a
7 blank form of affidavit or certificate of acknowledgment and
8 deliver that form to another person with intent that it be
9 used as an affidavit or acknowledgment.
10 (d) A notary public shall not take the acknowledgment of
11 or administer an oath to any person whom the notary actually
12 knows to have been adjudged mentally ill by a court of
13 competent jurisdiction and who has not been restored to
14 mental health as a matter of record.
15 (e) A notary public shall not take the acknowledgment of
16 any person who is blind until the notary has read the
17 instrument to such person.
18 (f) A notary public shall not take the acknowledgment of
19 any person who does not speak or understand the English
20 language, unless the nature and effect of the instrument to
21 be notarized is translated into a language which the person
22 does understand.
23 (g) A notary public shall not change anything in a
24 written instrument after it has been signed by anyone.
25 (h) No notary public shall be authorized to prepare any
26 legal instrument, or fill in the blanks of an instrument,
27 other than a notary certificate; however, this prohibition
28 shall not prohibit an attorney, who is also a notary public,
29 from performing notarial acts for any document prepared by
30 that attorney.
31 (i) If a notary public accepts or receives any money
32 from any one to whom an oath has been administered or on
33 behalf of whom an acknowledgment has been taken for the
34 purpose of transmitting or forwarding such money to another
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1 and willfully fails to transmit or forward such money
2 promptly, the notary is personally liable for any loss
3 sustained because of such failure. The person or persons
4 damaged by such failure may bring an action to recover
5 damages, together with interest and reasonable attorney fees,
6 against such notary public or his bondsmen.
7 (Source: P.A. 85-421.)
8 (5 ILCS 312/7-102) (from Ch. 102, par. 207-102)
9 Sec. 7-102. Liability of Employer of Notary. The
10 employer of a notary public is also liable to the persons
11 involved for all damages caused by the notary's official
12 misconduct, if:
13 (a) the notary public was acting within the scope of the
14 notary's employment at the time the notary engaged in the
15 official misconduct; and
16 (b) the employer directed, encouraged, consented to, or
17 approved the notary's misconduct, either in the particular
18 transaction or impliedly by previous actions in at least one
19 similar transaction the notary public's official misconduct.
20 The employer is also liable to the notary for damages
21 paid by the notary as a result of official misconduct that
22 was coerced by threat of demotion or dismissal by the
23 employer, expressly or impliedly by the employer's previous
24 action.
25 (Source: P.A. 84-322.)
26 (5 ILCS 312/7-110 new)
27 Sec. 7-110. Severability. The provisions of this Act
28 are severable under Section 1.31 of the Statute on Statutes.
29 (5 ILCS 312/6-101 rep.)
30 (5 ILCS 312/7-104 rep.)
31 Section 3-15. The Illinois Notary Public Act is amended
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1 by repealing Sections 6-101 and 7-104.
2 Section 3-20. The Secretary of State Act is amended by
3 changing Section 5.5 as follows:
4 (15 ILCS 305/5.5)
5 Sec. 5.5. Secretary of State fees. There shall be paid to
6 the Secretary of State the following fees:
7 For certificate or apostille, with seal: $2.
8 For expedited certificates or apostilles with seals
9 issued within 24 hours of receipt: $15. Of the fee collected
10 for this service, $2 shall be deposited into the General
11 Revenue Fund and $13 shall be deposited into the Notary
12 Public Administration Fund.
13 For each certificate, without seal: $1.
14 For each commission to any officer or other person
15 (except military commissions), with seal: $2.
16 For copies of exemplifications of records, or for a
17 certified copy of any document, instrument, or paper when not
18 otherwise provided by law, and it does not exceed legal size:
19 $0.50 per page or any portion of a page; and $2 for the
20 certificate, with seal affixed.
21 For copies of exemplifications of records or a certified
22 copy of any document, instrument, or paper, when not
23 otherwise provided for by law, that exceeds legal size: $1
24 per page or any portion of a page; and $2 for the
25 certificate, with seal affixed.
26 For copies of bills or other papers: $0.50 per page or
27 any portion of a page; and $2 for the certificate, with seal
28 affixed, except that there shall be no charge for making or
29 certifying copies that are furnished to any governmental
30 agency for official use.
31 For recording a duplicate of an affidavit showing the
32 appointment of trustees of a religious corporation: $0.50;
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1 and $2 for the certificate of recording, with seal affixed.
2 For filing and recording an application under the Soil
3 Conservation Districts Law and making and issuing a
4 certificate for the application, under seal: $10.
5 For recording any other document, instrument, or paper
6 required or permitted to be recorded with the Secretary of
7 State, which recording shall be done by any approved
8 photographic or photostatic process, if the page to be
9 recorded does not exceed legal size and the fees and charges
10 therefor are not otherwise fixed by law: $0.50 per page or
11 any portion of a page; and $2 for the certificate of
12 recording, with seal affixed.
13 For recording any other document, instrument, or paper
14 required or permitted to be recorded with the Secretary of
15 State, which recording shall be done by any approved
16 photographic or photostatic process, if the page to be
17 recorded exceeds legal size and the fees and charges therefor
18 are not otherwise fixed by law: $1 per page or any portion of
19 a page; and $2 for the certificate of recording attached to
20 the original, with seal affixed.
21 For each duplicate certified copy of a school land
22 patent: $3.
23 For each photostatic copy of a township plat: $2.
24 For each page of a photostatic copy of surveyors field
25 notes: $2.
26 For each page of a photostatic copy of a state land
27 patent, including certification: $4.
28 For each page of a photostatic copy of a swamp land
29 grant: $2.
30 For each page of photostatic copies of all other
31 instruments or documents relating to land records: $2.
32 For each check, money order, or bank draft returned by
33 the Secretary of State when it has not been honored: $2.
34 As used in this Section, "legal size" means a sheet of
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1 paper that is 8.5 inches wide and 14 inches long, or written
2 or printed matter on a sheet of paper that does not exceed
3 that width and length, or either of them.
4 (Source: P.A. 89-233, eff. 1-1-96.)
5 Section 3-25. The State Finance Act is amended by adding
6 Sections 5.449 and 5.450 as follows:
7 (30 ILCS 105/5.449 new)
8 Sec. 5.449. The Notary Public Administration Fund.
9 (30 ILCS 105/5.450 new)
10 Sec. 5.450. The Orthotics and Prosthetics License Fund.
11 Section 3-30. The Illinois Physical Therapy Act is
12 amended by changing Section 2 as follows:
13 (225 ILCS 90/2) (from Ch. 111, par. 4252)
14 Sec. 2. Licensure requirement; exempt activities.
15 Practice without a license forbidden - exception. No person
16 shall after the date of August 31, 1965 begin to practice
17 physical therapy in this State or hold himself out as being
18 able to practice this profession, unless he is licensed as
19 such in accordance with the provisions of this Act. After the
20 effective date of this amendatory Act of 1990, no person
21 shall practice or hold himself out as a physical therapist
22 assistant unless he is licensed as such under this Act.
23 This Act does not prohibit: (1) Any person licensed in
24 this State under any other Act from engaging in the practice
25 for which he is licensed. (2) The practice of physical
26 therapy by those persons, practicing under the supervision of
27 a licensed physical therapist and who have met all of the
28 qualifications as provided in Sections 7, 8.1, and 9 of this
29 Act, until the next examination is given for physical
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1 therapists or physical therapist assistants and the results
2 have been received by the Department and the Department has
3 determined the applicant's eligibility for a license. Anyone
4 failing to pass said examination shall not again practice
5 physical therapy until such time as an examination has been
6 successfully passed by such person. (3) The practice of
7 physical therapy for a period not exceeding 6 months by a
8 person who is in this State on a temporary basis to assist in
9 a case of medical emergency or to engage in a special
10 physical therapy project, and who meets the qualifications
11 for a physical therapist as set forth in Sections 7 and 8 of
12 this Act and is licensed in another state as a physical
13 therapist. (4) Practice of physical therapy by qualified
14 persons who have filed for endorsement for no longer than one
15 year or until such time that notification of licensure has
16 been granted or denied, whichever period of time is lesser.
17 (5) One or more licensed physical therapists from forming a
18 professional service corporation under the provisions of the
19 "Professional Service Corporation Act", approved September
20 15, 1969, as now or hereafter amended, and licensing such
21 corporation for the practice of physical therapy. (6)
22 Physical therapy aides from performing patient care
23 activities under the on-site supervision of a licensed
24 physical therapist or licensed physical therapist assistant.
25 These patient care activities shall not include
26 interpretation of referrals, evaluation procedures, the
27 planning of or major modifications of, patient programs. (7)
28 Physical Therapist Assistants from performing patient care
29 activities under the general supervision of a licensed
30 physical therapist. The physical therapist must maintain
31 continual contact with the physical therapist assistant
32 including periodic personal supervision and instruction to
33 insure the safety and welfare of the patient. (8) The
34 practice of physical therapy by a physical therapy student or
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1 a physical therapist assistant student under the on-site
2 direct personal supervision of a licensed physical therapist.
3 (9) The practice of physical therapy as part of an
4 educational program by a physical therapist licensed in
5 another state or country for a period not to exceed 6 months.
6 (Source: P.A. 86-1396.)
7 Section 3-35. The Professional Counselor and Clinical
8 Professional Counselor Licensing Act is amended by changing
9 Section 45 as follows:
10 (225 ILCS 107/45)
11 Sec. 45. Qualifications for a license.
12 (a) Professional counselor. A person is qualified to be
13 licensed as a licensed professional counselor, and the
14 Department shall issue a license authorizing the practice of
15 professional counseling to an applicant who:
16 (1) has applied in writing on the prescribed form
17 and has paid the required fee;
18 (2) is at least 21 years of age and has not engaged
19 in conduct or activities which would constitute grounds
20 for discipline under this Act;
21 (3) is a graduate of:
22 (A) a master's or doctoral level program in
23 the field of counseling, rehabilitation counseling,
24 psychology, or similar degree program approved by
25 the Department; or
26 (B) an approved baccalaureate program in human
27 services or similar degree program approved by the
28 Department and can document the equivalent of 5
29 years of full-time satisfactory supervised
30 experience, as established by rule, under a
31 qualified supervisor;
32 (4) has passed an examination for the practice of
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1 professional counseling as authorized by the Department;
2 and
3 (5) has paid the fees required by this Act.
4 Any person who has received certification by any State or
5 national organization whose standards are accepted by the
6 Department as being substantially similar to the standards in
7 this Act may apply for a professional counselor license and
8 need not be examined further.
9 (b) Clinical professional counselor. A person is
10 qualified to be licensed as a clinical professional
11 counselor, and the Department shall issue a license
12 authorizing the practice of clinical professional counseling
13 to an applicant who:
14 (1) has applied in writing on the prescribed form
15 and has paid the required fee;
16 (2) is at least 21 years of age and has not engaged
17 in conduct or activities which would constitute grounds
18 for discipline under this Act;
19 (3) is a graduate of:
20 (A) a master's level program in the field of
21 counseling, rehabilitation counseling, psychology,
22 or similar degree program approved by the Department
23 and has completed the equivalent of 2 years
24 full-time satisfactory supervised employment or
25 experience working as a clinical professional
26 counselor under the direction of a qualified
27 supervisor subsequent to the degree; or
28 (B) a doctoral program in the field of
29 counseling, rehabilitation counseling, psychology,
30 or similar program approved by the Department and
31 has completed the equivalent of 2 years full-time
32 satisfactory supervised employment or experience
33 working as a clinical professional counselor under
34 the direction of a qualified supervisor, at least
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1 one year of which is subsequent to the degree;
2 (4) has passed the examination for the practice of
3 clinical professional counseling as authorized by the
4 Department; and
5 (5) has paid the fees required by this Act.
6 Any person who has received certification by any State or
7 national organization whose standards are accepted by the
8 Department as being substantially similar to the standards in
9 this Act may apply for a clinical professional counselor
10 license, and need not be examined further.
11 (b-5) Licensed school psychologist. A Type 73 certified
12 school psychologist who holds the title of Nationally
13 Certified School Psychologist (NCSP) may take the clinical
14 professional counseling examination provided under subsection
15 (b) and, upon passage of the examination and completion of
16 all other requirements of subsection (b), shall be designated
17 by the Department as a licensed school psychologist and shall
18 be authorized to practice clinical professional counseling in
19 accordance with this Act.
20 (c) Examination for applicants under this Act shall be
21 held at the discretion of the Department from time to time
22 but not less than once each year. The examination used shall
23 be authorized by the Department.
24 (d) Upon application and payment of the required fee, an
25 applicant who has an active license as a clinical
26 psychologist or a clinical social worker licensed under the
27 laws of this State may, without examination, be granted
28 registration as a licensed clinical professional counselor by
29 the Department.
30 (Source: P.A. 87-1011; 87-1269.)"; and
31 on page 1, in line 5, by changing "Section 5" to "Section
32 3-37"; and
33 on page 2, immediately below line 9, by inserting the
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1 following:
2 Section 3-40. The Real Estate License Act of 1983 is
3 amended by changing Sections 15 and 23 as follows:
4 (225 ILCS 455/15) (from Ch. 111, par. 5815)
5 Sec. 15. The Office of Banks and Real Estate may provide
6 by rule for fees to be paid by applicants and licensees
7 (other than applicants and licensees under Article 2 of this
8 Act) to cover the reasonable costs of the Office of Banks and
9 Real Estate in administering and enforcing the provisions of
10 this Act (other than the provisions of Article 2 of this
11 Act). The Office of Banks and Real Estate may also provide by
12 rule for general fees to cover the reasonable expenses of
13 carrying out other functions and responsibilities under this
14 Act (other than Article 2 of this Act). The rules promulgated
15 hereunder shall include, but need not be limited to the
16 following:
17 (1) The fee for an initial license for real estate
18 salespersons and real estate brokers shall include a $10 fee
19 for deposit in the Real Estate Recovery Fund as provided in
20 Section 23, and a $5 fee for deposit in the Real Estate
21 Research and Education Fund for use as provided in Section
22 16. Any moneys derived from renewal license fees that may
23 have been deposited or designated for deposit into the Real
24 Estate Recovery Fund or the Real Estate Research and
25 Education Fund pursuant to this paragraph between July 1,
26 1995 and the effective date of this amendatory Act of 1996
27 shall be transferred to or deposited into the Real Estate
28 License Administration Fund.
29 (2) The fee for an initial license for a partnership or
30 corporation shall include a $10 fee for deposit in the Real
31 Estate Recovery Fund as provided in Section 23, and a $5 fee
32 for deposit in the Real Estate Research and Education Fund
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1 for use as provided in Section 16.
2 (3) The fee for an initial license for a branch office
3 shall include a $5 fee for deposit in the Real Estate
4 Research and Education Fund for use as provided in Section
5 16.
6 (Source: P.A. 88-683, eff. 1-24-95; 89-23, eff. 7-1-95;
7 89-508, eff. 7-3-96; 89-706, eff. 1-31-97.)
8 (225 ILCS 455/23) (from Ch. 111, par. 5823)
9 Sec. 23. The Office of Banks and Real Estate shall
10 maintain a Real Estate Recovery Fund from which any person
11 aggrieved by an act, representation, transaction or conduct
12 of a duly licensed broker, salesperson or unlicensed
13 employee, which is in violation of Article 1 of this Act or
14 the regulations promulgated pursuant thereto, or which
15 constitutes embezzlement of money or property or results in
16 money or property being unlawfully obtained from any person
17 by false pretenses, artifice, trickery or forgery or by
18 reason of any fraud, misrepresentation, discrimination or
19 deceit by or on the part of any such licensee or the
20 unlicensed employee of any such broker, and which results in
21 a loss of actual cash money as opposed to losses in market
22 value, may recover. Such aggrieved person may recover, by
23 order of the circuit court of the county where the violation
24 occurred, an amount of not more than $10,000 from such fund
25 for damages sustained by the act, representation,
26 transaction, or conduct, together with costs of suit and
27 attorneys' fees incurred in connection therewith of not to
28 exceed 15% of the amount of the recovery ordered paid from
29 the Fund. However, no licensed broker, or salesperson may
30 recover from the Fund unless the court finds that the person
31 suffered a loss resulting from intentional misconduct. Such
32 court order shall not include interest on the judgment.
33 The maximum liability against the Fund arising out of any
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1 one act shall be as provided in this Section and the judgment
2 order shall spread the award equitably among all co-owners or
3 otherwise aggrieved persons, if any. The maximum liability
4 against the Fund arising out of the activities of any single
5 broker, any single salesperson or any single unlicensed
6 employee, since January 1, 1974, shall be $50,000.
7 Nothing in this Section shall be construed to authorize
8 recovery from the Real Estate Recovery Fund unless the loss
9 of the aggrieved person results from an act or omission of a
10 licensed broker, salesperson or unlicensed employee who was
11 at the time of the act or omission acting in such capacity or
12 was apparently acting in such capacity, and unless the
13 aggrieved person has obtained a valid judgment as provided in
14 Section 25.
15 No person aggrieved by an act, representation, or
16 transaction which is in violation of the Illinois Real Estate
17 Time-Share Act, the Land Sales Act of 1989, or the Real
18 Estate Appraiser Licensing Act Article 2 of this Act may
19 recover from the Real Estate Recovery Fund created pursuant
20 to this Section.
21 The Office of Banks and Real Estate shall from time to
22 time, upon the written direction of the Governor, transfer
23 from the Real Estate Recovery Fund any amounts the Governor
24 determines are in excess of the amounts required to meet the
25 obligations of the Fund. The amounts transferred to the
26 General Revenue Fund shall not, however, exceed $1,000,000.
27 (Source: P.A. 89-508, eff. 7-3-96.)
28 (225 ILCS 455/Art. 2 rep.)
29 Section 3-45. The Real Estate License Act of 1983 is
30 amended by repealing Article 2.
31 Section 3-50. The Private Detective, Private Alarm,
32 Private Security, and Locksmith Act of 1993 is amended by
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1 changing Section 80 as follows:
2 (225 ILCS 446/80)
3 Sec. 80. Employee requirements. All employees of a
4 licensed agency, other than those exempted, shall apply for a
5 Permanent Employee Registration Card. The holder of an
6 agency certificate issued under this Act, known in this Act
7 as "employer", may employ in the conduct of his or her
8 business employees under the following provisions:
9 (a) No person shall be issued a permanent employee
10 registration card who:
11 (1) Is under 18 years of age.
12 (2) Is under 21 years of age if the services will
13 include being armed.
14 (3) Has been determined by the Department to be
15 unfit by reason of conviction of an offense in this or
16 another state, other than a minor traffic offense. The
17 Department shall promulgate rules for procedures by which
18 those circumstances shall be determined and that afford
19 the applicant due process of law.
20 (4) Has had a license or permanent employee
21 registration card refused, denied, suspended, or revoked
22 under this Act.
23 (5) Has been declared incompetent by any court of
24 competent jurisdiction by reason of mental disease or
25 defect and has not been restored.
26 (6) Has been dishonorably discharged from the armed
27 services of the United States.
28 (b) No person may be employed by a private detective
29 agency, private security contractor agency, or private alarm
30 contractor agency, or locksmith agency under this Section
31 until he or she has executed and furnished to the employer,
32 on forms furnished by the Department, a verified statement to
33 be known as "Employee's Statement" setting forth:
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1 (1) The person's full name, age, and residence
2 address.
3 (2) The business or occupation engaged in for the 5
4 years immediately before the date of the execution of the
5 statement, the place where the business or occupation was
6 engaged in, and the names of employers, if any.
7 (3) That the person has not had a license or
8 employee registration refused, revoked, or suspended
9 under this Act.
10 (4) Any conviction of a felony or misdemeanor.
11 (5) Any declaration of incompetency by a court of
12 competent jurisdiction that has not been restored.
13 (6) Any dishonorable discharge from the armed
14 services of the United States.
15 (7) Any other information as may be required by any
16 rule of the Department to show the good character,
17 competency, and integrity of the person executing the
18 statement.
19 (c) Each applicant for a permanent employee registration
20 card shall submit to the Department with the applicable fees,
21 on fingerprint cards furnished by the Department, 2 complete
22 sets of fingerprints that are verified to be those of the
23 applicant. If an applicant's fingerprint cards are returned
24 to the Department as unclassifiable by the screening agency,
25 the applicant has 90 days after notification is sent by the
26 Department to submit additional fingerprint cards taken by a
27 different technician to replace the unclassifiable
28 fingerprint cards.
29 The Department shall notify the submitting licensed
30 agency within 10 days if the applicant's fingerprint cards
31 are returned to the Department as unclassifiable. However,
32 instead of submitting fingerprint cards, an individual may
33 submit proof that is satisfactory to the Department that an
34 equivalent security clearance has been conducted. Also, a
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1 full-time peace officer or an individual who has retired as a
2 peace officer within 12 months of application may submit
3 verification, on forms provided by the Department and signed
4 by one's employer, of his or her full-time employment as a
5 peace officer. "Peace officer" means any person who by
6 virtue of his or her office or public employment is vested by
7 law with a duty to maintain public order or to make arrests
8 for offenses, whether that duty extends to all offenses or is
9 limited to specific offenses; officers, agents, or employees
10 of the federal government commissioned by federal statute to
11 make arrests for violations of federal criminal laws are
12 considered peace officers.
13 (d) Upon receipt of the verified fingerprint cards, the
14 Department shall cause the fingerprints to be compared with
15 fingerprints of criminals now or hereafter filed with the
16 Illinois Department of State Police. The Department may also
17 cause the fingerprints to be checked against the fingerprints
18 of criminals now or hereafter filed in the records of other
19 official fingerprint files within or without this State. The
20 Department shall issue a permanent employee registration
21 card, in a form the Department prescribes, to all qualified
22 applicants. The Department shall notify the submitting
23 licensed agency within 10 days upon the issuance of or intent
24 to deny the permanent employee registration card. The holder
25 of a permanent employee registration card shall carry the
26 card at all times while actually engaged in the performance
27 of the duties of his or her employment and in the case of a
28 card holder employed in an armed capacity with a private
29 security contractor agency, the card holder shall display the
30 card at all times while on duty. Expiration and requirements
31 for renewal of permanent employee registration cards shall be
32 established by rule of the Department. Possession of a
33 permanent employee registration card does not in any way
34 imply that the holder of the card is employed by an agency
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1 unless the permanent employee registration card is
2 accompanied by the employee identification card required by
3 subsection (g) of this Section.
4 (e) Within 5 days of the receipt of the application
5 materials, the Department shall institute an investigation
6 for a criminal record by checking the applicant's name with
7 immediately available criminal history information systems.
8 In the case of an applicant seeking employment with a private
9 security contractor agency, the Department shall report to
10 the applicant the results of the investigation for a criminal
11 record within 12 weeks of receipt of the application.
12 (f) Each employer shall maintain a record of each
13 employee that is accessible to the duly authorized
14 representatives of the Department. The record shall contain
15 the following information:
16 (1) A photograph taken within 10 days of the date
17 that the employee begins employment with the employer.
18 The photograph shall be replaced with a current
19 photograph every 3 calendar years.
20 (2) The employee's statement specified in
21 subsection (b) of this Section.
22 (3) All correspondence or documents relating to the
23 character and integrity of the employee received by the
24 employer from any official source or law enforcement
25 agency.
26 (4) In the case of former employees, the employee
27 identification card of that person issued under
28 subsection (g) of this Section.
29 (5) Each employee record shall duly note if the
30 employee is employed in an armed capacity. Armed
31 employee files shall contain a copy of an active Firearm
32 Owners Identification Card and a copy of an active
33 Firearm Authorization Card.
34 (6) Each employer shall maintain a record for each
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1 armed employee of each instance in which the employee's
2 weapon was discharged during the course of his or her
3 professional duties or activities. The record shall be
4 maintained on forms provided by the Department, a copy of
5 which must be filed with the Department within 15 days of
6 an instance. The record shall include the date and time
7 of the occurrence, the circumstances involved in the
8 occurrence, and any other information as the Department
9 may require. Failure to provide this information to the
10 Department or failure to maintain the record as a part of
11 each armed employee's permanent file is grounds for
12 disciplinary action. The Department, upon receipt of a
13 report, shall have the authority to make any
14 investigation it considers appropriate into any
15 occurrence in which an employee's weapon was discharged
16 and to take disciplinary action as may be appropriate.
17 (7) The Department may, by rule, prescribe further
18 record requirements.
19 (g) Every employer shall furnish an employee
20 identification card to each of his or her employees. This
21 employee identification card shall contain a recent
22 photograph of the employee, the employee's name, the name and
23 agency certification number of the employer, the employee's
24 personal description, the signature of the employer, the
25 signature of that employee, the date of issuance, and an
26 employee identification card number.
27 (h) No employer may issue an employee identification
28 card to any person who is not employed by the employer in
29 accordance with this Section or falsely state or represent
30 that a person is or has been in his or her employ. It is
31 unlawful for an applicant for registered employment to file
32 with the Department the fingerprints of a person other than
33 himself or herself, or to fail to exercise due diligence in
34 resubmitting replacement fingerprints for those employees who
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1 have had original fingerprint submissions returned as
2 unclassifiable.
3 (i) Every employer shall obtain the identification card
4 of every employee who terminates employment with him or her.
5 (j) Every employer shall maintain a separate roster of
6 the names of all employees currently working in an armed
7 capacity and submit the roster to the Department on request.
8 (k) No agency may employ any person under this Act
9 unless:
10 (1) The person possesses a valid permanent employee
11 registration card; or
12 (2) The agency:
13 (i) on behalf of each person completes in its
14 entirety and submits to the Department an
15 application for a permanent employee registration
16 card, including the required fingerprint card and
17 fees;
18 (ii) exercises due diligence to ensure that
19 the person is qualified under the requirements of
20 the Act to be issued a permanent employee
21 registration card; and
22 (iii) maintains a separate roster of the names
23 of all employees whose applications are currently
24 pending with the Department and submits the roster
25 to the Department on a monthly basis. Rosters are
26 to be maintained by the agency for a period of at
27 least 24 months.
28 (l) Failure by an agency to submit the application,
29 fees, and fingerprints specified in this Section before
30 scheduling the person for work shall result in a fine, in an
31 amount up to $1,000, or other disciplinary action being
32 imposed against the agency. Failure to maintain and submit
33 the specified rosters is grounds for discipline under this
34 Act.
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1 (m) No person may be employed under this Section in any
2 capacity if:
3 (i) The person while so employed is being paid by
4 the United States or any political subdivision for the
5 time so employed in addition to any payments he or she
6 may receive from the employer.
7 (ii) The person wears any portion of his or her
8 official uniform, emblem of authority, or equipment while
9 so employed except as provided in Section 30.
10 (iii) The person does not hold a valid and active
11 permanent employee registration card issued by the
12 Department.
13 (iv) In the case of a person seeking employment
14 with a private security contractor agency, the person's
15 criminal history includes a conviction of a felony, as
16 revealed by the investigation report supplied by the
17 Department under subsection (e). A private security
18 contractor agency that knowingly employs a person in
19 violation of this subdivision (iii) is subject to a fine
20 not to exceed $1,000 and any other disciplinary action
21 within the Department's authority.
22 (n) If information is discovered affecting the
23 registration of a person whose fingerprints were submitted
24 under this Section, the Department shall so notify the agency
25 that submitted the fingerprints on behalf of that person.
26 (Source: P.A. 88-363; 89-366, eff. 1-1-96.)
27 ARTICLE 9
28 Section 9-5. Effective dates. This Section and Section
29 3-37 take effect upon becoming law and Article 2, Sections
30 3-40 and 3-45, and Sec. 5.450 of Section 3-25 take effect
31 October 1, 1997."; and
32 on page 2, by deleting lines 10 and 11.