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92nd General Assembly

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Public Act 92-0217

HB2566 Enrolled                                LRB9205328LBcs

    AN ACT concerning the regulation of professions.

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

    Section 5.  The State Finance Act is  amended  by  adding
Section 5.545 as follows:

    (30 ILCS 105/5.545 new)
    Sec. 5.545.  The Real Estate Audit Fund.

    Section  10.  The  Real  Estate  License  Act  of 2000 is
amended by changing Sections 1-10, 5-20, 10-10, and 20-60 and
by adding Sections 25-14 and 25-37 as follows:

    (225 ILCS 454/1-10)
    Sec. 1-10. Definitions.  In this Act, unless the  context
otherwise requires:
    "Act" means the Real Estate License Act of 2000.
    "Advisory   Council"  means  the  Real  Estate  Education
Advisory Council created under Section 30-10 of this Act.
    "Agency" means a relationship  in  which  a  real  estate
broker or licensee, whether directly or through an affiliated
licensee,  represents  a  consumer by the consumer's consent,
whether express or implied, in a real property transaction.
    "Applicant" means any person, as defined in this Section,
who applies to OBRE for a valid  license  as  a  real  estate
broker, real estate salesperson, or leasing agent.
    "Blind advertisement" means any real estate advertisement
that  does  not include the sponsoring broker's business name
and that is used by any licensee regarding the sale or  lease
of   real   estate,   including  his  or  her  own,  licensed
activities, or the hiring of any  licensee  under  this  Act.
The  broker's  business name in the case of a franchise shall
include the franchise affiliation as well as the name of  the
individual firm.
    "Board"   means   the   Real  Estate  Administration  and
Disciplinary Board of OBRE.
    "Branch office" means a sponsoring broker's office  other
than the sponsoring broker's principal office.
    "Broker"   means   an  individual,  partnership,  limited
liability  company,  corporation,   or   registered   limited
liability partnership other than a real estate salesperson or
leasing  agent  who for another and for compensation, or with
the  intention  or  expectation  of  receiving  compensation,
either directly or indirectly:
         (1)  Sells, exchanges, purchases, rents,  or  leases
    real estate.
         (2)  Offers  to  sell,  exchange, purchase, rent, or
    lease real estate.
         (3)  Negotiates,  offers,  attempts,  or  agrees  to
    negotiate  the  sale,  exchange,  purchase,  rental,   or
    leasing of real estate.
         (4)  Lists, offers, attempts, or agrees to list real
    estate for sale, lease, or exchange.
         (5)  Buys,   sells,   offers  to  buy  or  sell,  or
    otherwise deals in options on real estate or improvements
    thereon.
         (6)  Supervises the collection, offer,  attempt,  or
    agreement to collect rent for the use of real estate.
         (7)  Advertises  or represents himself or herself as
    being  engaged  in  the  business  of  buying,   selling,
    exchanging, renting, or leasing real estate.
         (8)  Assists or directs in procuring or referring of
    prospects,  intended  to  result  in  the sale, exchange,
    lease, or rental of real estate.
         (9)  Assists or directs in the  negotiation  of  any
    transaction  intended  to  result  in the sale, exchange,
    lease, or rental of real estate.
         (10)  Opens real estate to the public for  marketing
    purposes.
         (11)  Sells,  leases,  or  offers  for sale or lease
    real estate at auction.
    "Brokerage agreement" means a written or  oral  agreement
between  a  sponsoring  broker  and  a  consumer for licensed
activities to  be  provided  to  a  consumer  in  return  for
compensation  or  the  right  to  receive  compensation  from
another.   Brokerage   agreements  may  constitute  either  a
bilateral or a unilateral agreement between  the  broker  and
the  broker's  client  depending  upon  the  content  of  the
brokerage  agreement.   All  exclusive  brokerage  agreements
shall be in writing.
    "Client"  means  a  person  who is being represented by a
licensee.
    "Commissioner" means the Commissioner of Banks  and  Real
Estate or a person authorized by the Commissioner, the Office
of  Banks  and  Real  Estate  Act,  or this Act to act in the
Commissioner's stead.
    "Compensation" means the valuable consideration given  by
one  person or entity to another person or entity in exchange
for  the   performance   of   some   activity   or   service.
Compensation   shall   include   the   transfer  of  valuable
consideration, including without limitation the following:
         (1)  commissions;
         (2)  referral fees;
         (3)  bonuses;
         (4)  prizes;
         (5)  merchandise;
         (6)  finder fees;
         (7)  performance of services;
         (8)  coupons or gift certificates;
         (9)  discounts;
         (10)  rebates;
         (11)  a chance to win a raffle, drawing, lottery, or
    similar game of chance not prohibited by any other law or
    statute;
         (12)  retainer fee; or
         (13)  salary.
    "Confidential information" means information obtained  by
a  licensee  from  a  client  during  the term of a brokerage
agreement that (i)  was  made  confidential  by  the  written
request or written instruction of the client, (ii) deals with
the   negotiating   position  of  the  client,  or  (iii)  is
information the disclosure of which could materially harm the
negotiating position of the client, unless at any time:
         (1)  the   client   permits   the   disclosure    of
    information given by that client by word or conduct;
         (2)  the disclosure is required by law; or
         (3)  the  information  becomes  public from a source
    other than the licensee.
    "Confidential information" shall  not  be  considered  to
include  material information about the physical condition of
the property.
    "Consumer" means a person or entity seeking or  receiving
licensed activities.
    "Continuing  education  school" means any person licensed
by OBRE as a school for continuing  education  in  accordance
with Section 30-15 of this Act.
    "Credit  hour"  means 50 minutes of classroom instruction
in course work that meets the requirements set forth in rules
adopted by OBRE.
    "Customer" means a consumer who is not being  represented
by  the  licensee  but  for  whom  the licensee is performing
ministerial acts.
    "Designated  agency"  means  a  contractual  relationship
between a sponsoring broker and a client under Section  15-50
of this Act in which one or more licensees associated with or
employed by the broker are designated as agent of the client.
    "Designated  agent" means a sponsored licensee named by a
sponsoring broker as the legal agent of a client, as provided
for in Section 15-50 of this Act.
    "Director"  means  the  Director  of  the   Real   Estate
Division, OBRE.
    "Dual  agency"  means  an  agency relationship in which a
licensee is  representing  both  buyer  and  seller  or  both
landlord and tenant in the same transaction.  When the agency
relationship  is a designated agency, the question of whether
there is a dual agency shall  be  determined  by  the  agency
relationships  of the designated agent of the parties and not
of the sponsoring broker.
    "Employee" or other derivative of  the  word  "employee",
when   used   to   refer   to,  describe,  or  delineate  the
relationship between a real estate broker and a  real  estate
salesperson,  another real estate broker, or a leasing agent,
shall be  construed  to  include  an  independent  contractor
relationship,  provided  that a written agreement exists that
clearly  establishes  and  states  the  relationship.     All
responsibilities of a broker shall remain.
    "Escrow moneys" means all moneys, promissory notes or any
other   type   or   manner   of  legal  tender  or  financial
consideration deposited with any person for  the  benefit  of
the parties to the transaction.  A transaction exists once an
agreement  has  been  reached  and  an  accepted  real estate
contract signed or lease agreed to by  the  parties.   Escrow
moneys   includes   without  limitation  earnest  moneys  and
security deposits, except those security  deposits  in  which
the  person  holding  the  security  deposit is also the sole
owner of the property being leased and for which the security
deposit is being held.
    "Inoperative" means  a  status  of  licensure  where  the
licensee  holds  a  current  license  under this Act, but the
licensee is prohibited from engaging in  licensed  activities
because  the  licensee  is  unsponsored or the license of the
sponsoring broker with whom the licensee is associated or  by
whom  he  or  she  is employed is currently expired, revoked,
suspended, or otherwise rendered invalid under this Act.
    "Leasing Agent" means a person who is employed by a  real
estate  broker  to  engage  in licensed activities limited to
leasing residential real estate who has obtained a license as
provided for in Section 5-5 of this Act.
    "License" means the document issued  by  OBRE  certifying
that  the person named thereon has fulfilled all requirements
prerequisite to licensure under this Act.
    "Licensed activities" means those  activities  listed  in
the definition of "broker" under this Section.
    "Licensee"  means any person, as defined in this Section,
who holds a valid unexpired license as a real estate  broker,
real estate salesperson, or leasing agent.
    "Listing  presentation"  means  a communication between a
real estate broker or salesperson and a consumer in which the
licensee is attempting to secure a brokerage  agreement  with
the consumer to market the consumer's real estate for sale or
lease.
    "Managing  broker"  means  a  broker  who has supervisory
responsibilities for licensees in one or, in the  case  of  a
multi-office  company,  more than one office and who has been
appointed as such by the sponsoring broker.
    "Medium of advertising" means any method of communication
intended to influence the general public to use or purchase a
particular good or service or real estate.
    "Ministerial acts" means those acts that a  licensee  may
perform  for  a  consumer that are informative or clerical in
nature and do not rise to the level of active  representation
on  behalf  of  a  consumer.   Examples of these acts include
without limitation  (i)  responding  to  phone  inquiries  by
consumers  as  to  the  availability and pricing of brokerage
services, (ii) responding to phone inquiries from a  consumer
concerning the price or location of property, (iii) attending
an  open house and responding to questions about the property
from  a  consumer,  (iv)  setting  an  appointment  to   view
property,  (v)  responding  to questions of consumers walking
into  a  licensee's  office  concerning  brokerage   services
offered   or  particular  properties,  (vi)  accompanying  an
appraiser, inspector, contractor, or similar third party on a
visit to a property,  (vii)  describing  a  property  or  the
property's  condition  in  response  to a consumer's inquiry,
(viii) completing  business  or  factual  information  for  a
consumer  on  an offer or contract to purchase on behalf of a
client, (ix) showing a client through a property  being  sold
by  an  owner  on  his  or her own behalf, or (x) referral to
another broker or service provider.
    "OBRE" means the Office of Banks and Real Estate.
    "Office" means a real estate broker's place  of  business
where  the general public is invited to transact business and
where records  may  be  maintained  and  licenses  displayed,
whether  or  not  it  is  the  broker's  principal  place  of
business.
    "Person"   means   and  includes  individuals,  entities,
corporations, limited liability companies, registered limited
liability  partnerships,   and   partnerships,   foreign   or
domestic,  except  that  when the context otherwise requires,
the term may refer to a single individual or other  described
entity.
    "Personal  assistant"  means  a  licensed  or  unlicensed
person  who  has  been  hired  for  the  purpose of aiding or
assisting a sponsored licensee  in  the  performance  of  the
sponsored licensee's job.
    "Pocket  card"  means  the card issued by OBRE to signify
that the person named on the card is currently licensed under
this Act.
    "Pre-license school" means  a  school  licensed  by  OBRE
offering   courses   in   subjects  related  to  real  estate
transactions, including the subjects upon which an  applicant
is examined in determining fitness to receive a license.
    "Pre-renewal period" means the period between the date of
issue   of  a  currently  valid  license  and  the  license's
expiration date.
    "Real estate" means and includes leaseholds  as  well  as
any  other  interest  or  estate  in land, whether corporeal,
incorporeal, freehold, or non-freehold,  including  timeshare
interests,  and  whether  the real estate is situated in this
State or elsewhere.
    "Real Estate Administration and  Disciplinary  Board"  or
"Board" means the Real Estate Administration and Disciplinary
Board created by Section 25-10 of this Act.
    "Salesperson"  means  any  individual,  other than a real
estate broker or leasing agent, who is  employed  by  a  real
estate  broker  or  is associated by written agreement with a
real  estate  broker  as  an   independent   contractor   and
participates  in  any activity described in the definition of
"broker" under this Section.
    "Sponsoring broker" means the broker  who  has  issued  a
sponsor  card  to  a  licensed  salesperson, another licensed
broker, or a leasing agent.
    "Sponsor card" means the temporary permit issued  by  the
sponsoring real estate broker certifying that the real estate
broker,  real  estate  salesperson,  or  leasing  agent named
thereon is employed by or  associated  by  written  agreement
with  the  sponsoring  real estate broker, as provided for in
Section 5-40 of this Act.
(Source: P.A. 91-245, eff.  12-31-99;  91-585,  eff.  1-1-00;
91-603, eff. 1-1-00; 91-702, eff. 5-12-00.)
    (225 ILCS 454/5-20)
    Sec.  5-20.   Exemptions  from  broker,  salesperson,  or
leasing  agent  license  requirement.   The  requirement  for
holding a license under this Article 5 shall not apply to:
    (1)  Any  person,  partnership,  or  corporation  that as
owner or lessor performs any of the  acts  described  in  the
definition  of  "broker"  under Section 1-10 of this Act with
reference to property owned  or  leased  by  it,  or  to  the
regular  employees  thereof  with  respect to the property so
owned or leased, where such acts are performed in the regular
course of or as an incident to the management, sale, or other
disposition of such  property  and  the  investment  therein,
provided  that  such  regular employees do not perform any of
the acts  described  in  the  definition  of  "broker"  under
Section  1-10  of  this  Act in connection with a vocation of
selling or  leasing  any  real  estate  or  the  improvements
thereon not so owned or leased.
    (2)  An attorney in fact acting under a duly executed and
recorded  power  of  attorney  to convey real estate from the
owner or lessor or the services rendered by  an  attorney  at
law  in the performance of the attorney's duty as an attorney
at law.
    (3)  Any  person   acting   as   receiver,   trustee   in
bankruptcy,  administrator,  executor,  or  guardian or while
acting under a court order or under the authority of  a  will
or testamentary trust.
    (4)  Any  person  acting  as  a  resident manager for the
owner or any employee acting as the resident  manager  for  a
broker  managing  an apartment building, duplex, or apartment
complex, when the resident manager resides on  the  premises,
the  premises  is  his  or  her  primary  residence,  and the
resident manager is engaged in the leasing of the property of
which he or she is the resident manager.
    (5)  Any officer or employee of a federal agency  in  the
conduct of official duties.
    (6)  Any  officer  or employee of the State government or
any political subdivision thereof performing official duties.
    (7)  Any multiple listing service  or  other  information
exchange  that is engaged in the collection and dissemination
of information concerning real  estate  available  for  sale,
purchase,  lease,  or  exchange  along  with  which  no other
licensed activities are provided.
    (8)  Railroads and other public  utilities  regulated  by
the State of Illinois, or the officers or full time employees
thereof, unless the performance of any licensed activities is
in  connection  with  the  sale,  purchase,  lease,  or other
disposition of real estate or investment therein not  needing
the approval of the appropriate State regulatory authority.
    (9)  Any  medium  of advertising in the routine course of
selling or publishing advertising along with which  no  other
licensed activities are provided.
    (10)  Any  resident lessee of a residential dwelling unit
who refers for compensation to  the  owner  of  the  dwelling
unit,  or  to  the  owner's  agent,  prospective  lessees  of
dwelling  units  in  the  same  building  or  complex  as the
resident lessee's unit, but only if the resident  lessee  (i)
refers  no  more  than  3 prospective lessees in any 12-month
period, (ii) receives compensation of no more than $1,000  or
the equivalent of one month's rent, whichever is less, in any
12-month  period,  and  (iii) limits his or her activities to
referring prospective lessees to the owner,  or  the  owner's
agent,  and  does  not  show a residential dwelling unit to a
prospective lessee, discuss terms or conditions of leasing  a
dwelling   unit  with  a  prospective  lessee,  or  otherwise
participate in the negotiation of the leasing of  a  dwelling
unit.
    (11)  An  exchange  company  registered  under  the  Real
Estate  Timeshare  Act  of  1999 and the regular employees of
that registered exchange company but only when conducting  an
exchange program as defined in that Act.
    (12)  An  existing timeshare owner who, for compensation,
refers prospective  purchasers,  but  only  if  the  existing
timeshare  owner  (i)  refers  no  more  than  20 prospective
purchasers in any calendar year, (ii) receives no  more  than
$1,000, or its equivalent, for referrals in any calendar year
and   (iii)   limits  his  or  her  activities  to  referring
prospective  purchasers  of  timeshare   interests   to   the
developer  or  the  developer's employees or agents, and does
not  show,  discuss  terms  or  conditions  of  purchase   or
otherwise   participate   in   negotiations  with  regard  to
timeshare interests.
    (13) (11) Any person who is licensed without  examination
under Section 10-25 of the Auction License Act is exempt from
holding  a  broker's  or salesperson's license under this Act
for the limited purpose of selling or leasing real estate  at
auction, so long as:
              (A)  that  person has made application for said
         exemption by July 1, 2000;
              (B)  that person verifies to OBRE  that  he  or
         she  has sold real estate at auction for a period of
         5 years prior to licensure as an auctioneer;
              (C)  the person has had no lapse in his or  her
         license as an auctioneer; and
              (D)  the   license  issued  under  the  Auction
         License Act has not been disciplined  for  violation
         of  those  provisions  of  Article 20 of the Auction
         License Act dealing with or related to the  sale  or
         lease of real estate at auction.
    (14)  A   hotel  operator  who  is  registered  with  the
Illinois Department of Revenue and pays taxes under the Hotel
Operators' Occupation Tax Act and rents a room or rooms in  a
hotel  as  defined in the Hotel Operators' Occupation Tax Act
for a period of not more than 30  consecutive  days  and  not
more than 60 days in a calendar year.
(Source:  P.A.  91-245,  eff.  12-31-99; 91-585, eff. 1-1-00;
91-603, eff. 1-1-00; revised 10-27-99.)

    (225 ILCS 454/10-10)
    Sec. 10-10.  Disclosure of compensation.
    (a)  A licensee must disclose to a client the  sponsoring
broker's  compensation  and policy with regard to cooperating
with brokers who represent other parties in a transaction.
    (b)  A licensee must disclose to a client all sources  of
compensation  related  to  the  transaction  received  by the
licensee from a third party.
    (c)  If a licensee refers a client to a  third  party  in
which  the  licensee has greater than a 1% ownership interest
or from which the licensee receives or may receive  dividends
or  other profit sharing distributions, other than a publicly
held or  traded  company,  for  the  purpose  of  the  client
obtaining  services  related  to  the  transaction,  then the
licensee shall disclose that fact to the client at  the  time
of making the referral.
    (d)  If  in  any  one  transaction  a  sponsoring  broker
receives  compensation  from  both  the  buyer  and seller or
lessee and lessor of real estate, the sponsoring broker shall
disclose  in  writing  to  a  client  the   fact   that   the
compensation is being paid by both buyer and seller or lessee
and lessor.
    (e)  Nothing  in  the  Act shall prohibit the cooperation
with or a payment of compensation to a person  not  domiciled
in  this  State  or  country who is licensed as a real estate
broker in his or her state or country of  domicile  or  to  a
resident  of  a  country that does not require a person to be
licensed to act  as  a  real  estate  broker  if  the  person
complies  with  the  laws of the country in which that person
resides and practices there as a real estate broker.
(Source: P.A. 91-245, eff. 12-31-99.)

    (225 ILCS 454/20-60)
    Sec. 20-60.  Hearing; investigation; notice; disciplinary
consent order.
    (a)  OBRE may conduct hearings through  the  Board  or  a
duly  appointed  hearing  officer  on proceedings to suspend,
revoke, or to refuse to issue or renew  licenses  of  persons
applying  for  licensure  or  licensed  under  this Act or to
censure, reprimand, or impose a  civil  fine  not  to  exceed
$25,000  upon any licensee hereunder and may revoke, suspend,
or refuse to  issue  or  renew  these  licenses  or  censure,
reprimand,  or impose a civil fine not to exceed $25,000 upon
any licensee hereunder.
    (b)  Upon the motion of either OBRE or the Board or  upon
the  verified  complaint  in  writing  of any persons setting
forth facts that  if  proven  would  constitute  grounds  for
suspension  or revocation under this Act, OBRE, the Board, or
its subcommittee shall cause to be investigated  the  actions
of  any  person  so accused who holds a license or is holding
himself or herself out to be  a  licensee.   This  person  is
hereinafter called the accused.
    (c)  Prior   to   initiating   any   formal  disciplinary
proceedings  resulting  from   an   investigation   conducted
pursuant to subsection (b) of this Section, that matter shall
be  reviewed  by  a  subcommittee  of  the Board according to
procedures established by rule. The subcommittee shall make a
recommendation to the full Board as to the  validity  of  the
complaint  and  may recommend that the Board not proceed with
formal  disciplinary  proceedings   if   the   complaint   is
determined to be frivolous or without merit.
    (d)  Except as provided for in Section 20-65 of this Act,
OBRE   shall,   before   suspending,   revoking,  placing  on
probationary status, or taking any other disciplinary  action
as OBRE may deem proper with regard to any license:
         (1)  notify  the accused in writing at least 30 days
    prior to the date set for the hearing of any charges made
    and the time and place for the hearing of the charges  to
    be heard before the Board under oath; and
         (2)  inform the accused that upon failure to file an
    answer  and  request a hearing before the date originally
    set for the hearing, default will be  taken  against  the
    accused and his or her license may be suspended, revoked,
    or  placed  on probationary status, or other disciplinary
    action, including limiting the scope, nature,  or  extent
    of  the  accused's practice, as OBRE may deem proper, may
    be taken with regard thereto.
    In  case  the  person  fails  to  file  an  answer  after
receiving notice, his or her license may, in  the  discretion
of  OBRE,  be  suspended,  revoked, or placed on probationary
status, or OBRE may take whatever disciplinary action  deemed
proper,  including  limiting  the scope, nature, or extent of
the person's practice or the imposition of a fine, without  a
hearing,  if  the  act  or acts charged constitute sufficient
grounds for such action under this Act.
    (e)  At the time and place fixed in the notice, the Board
shall proceed to hearing of the charges and both the  accused
person   and   the   complainant   shall  be  accorded  ample
opportunity  to  present  in  person  or  by   counsel   such
statements,  testimony,  evidence  and  argument  as  may  be
pertinent  to  the  charges  or  to any defense thereto.  The
Board or its hearing officer may continue a hearing date upon
its own motion or upon an accused's motion for one period not
to exceed 30 days.  The Board  or  its  hearing  officer  may
grant  further continuances for periods not to exceed 30 days
only upon good cause being shown by the  moving  party.   The
non-moving  party  shall  have the opportunity to object to a
continuance on the record at a hearing  upon  the  motion  to
continue.  All  motions  for  continuances  and any denial or
grant thereof shall be in  writing.   All  motions  shall  be
submitted  not  later  than  48  hours  before  the scheduled
hearing unless made upon an emergency basis.  In  determining
whether  good  cause for a continuance is shown, the Board or
its hearing officer shall consider such factors as the volume
of cases pending, the nature and complexity of  legal  issues
raised,  the  diligence  of the party making the request, the
availability of party's legal  representative  or  witnesses,
and the number of previous requests for continuance.
    (f)  Any   unlawful  act  or  violation  of  any  of  the
provisions of  this  Act  upon  the  part  of  any  licensees
employed  by  a  real  estate broker or associated by written
agreement with the real estate broker, or unlicensed employee
of a licensed broker, shall not be cause for  the  revocation
of  the  license  of  any  such broker, partial or otherwise,
unless it appears to the satisfaction of OBRE that the broker
had knowledge thereof.
    (g)  OBRE or the Board has power to subpoena any  persons
or documents for the purpose of investigation or hearing with
the  same  fees  and  mileage  and  in  the  same  manner  as
prescribed  by  law  for judicial procedure in civil cases in
courts of this State. The  Commissioner,  the  Director,  any
member of the Board, a certified court reporter, or a hearing
officer   shall  each  have  power  to  administer  oaths  to
witnesses at any hearing which OBRE is authorized under  this
Act to conduct.
    (h)  Any  circuit  court  or  any judge thereof, upon the
application of the accused person, complainant, OBRE, or  the
Board,  may,  by  order  entered,  require  the attendance of
witnesses and the production of  relevant  books  and  papers
before  the  Board in any hearing relative to the application
for or  refusal,  recall,  suspension,  or  revocation  of  a
license,  and  the court or judge may compel obedience to the
court's or the judge's order by proceedings for contempt.
    (i)  OBRE, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case  involving  the
refusal  to  issue  or  the  revocation, suspension, or other
discipline of a licensee.  The notice of  hearing,  complaint
and  all  other  documents  in  the  nature  of pleadings and
written motions filed in the proceedings, the  transcript  of
testimony,  the  report  of the Board, and the orders of OBRE
shall be the record of the proceeding.  At  all  hearings  or
pre-hearing  conferences,  OBRE  and  the  accused  shall  be
entitled  to have a court reporter in attendance for purposes
of transcribing the proceeding or pre-hearing  conference  at
the  expense  of  the  party  requesting the court reporter's
attendance. A copy of the  transcribed  proceeding  shall  be
available  to  the  other party for the cost of a copy of the
transcript.
    (j)  The Board shall  present  to  the  Commissioner  its
written  report  of its findings and recommendations.  A copy
of the report  shall  be  served  upon  the  accused,  either
personally  or  by certified mail as provided in this Act for
the service of  the  citation.   Within  20  days  after  the
service, the accused may present to the Commissioner a motion
in  writing for a rehearing that shall specify the particular
grounds therefor.  If the accused shall order and pay  for  a
transcript  of  the  record as provided in this Act, the time
elapsing thereafter and before the transcript  is  ready  for
delivery  to  the accused shall not be counted as part of the
20  days.  Whenever  the  Commissioner  is   satisfied   that
substantial  justice  has not been done, the Commissioner may
order a rehearing by the Board  or  other  special  committee
appointed by the Commissioner or may remand the matter to the
Board  for  their  reconsideration of the matter based on the
pleadings and  evidence  presented  to  the  Board.   In  all
instances,  under this Act, in which the Board has rendered a
recommendation  to  the  Commissioner  with  respect   to   a
particular  licensee or applicant, the Commissioner shall, in
the event that he or  she  disagrees  with  or  takes  action
contrary  to  the  recommendation of the Board, file with the
Board and the Secretary of State his specific written reasons
of disagreement with the Board.  The reasons shall  be  filed
within   60   days  of  the  Board's  recommendation  to  the
Commissioner and  prior  to  any  contrary  action.   At  the
expiration  of  the  time specified for filing a motion for a
rehearing, the Commissioner shall have the right to take  the
action  recommended  by  the  Board.   Upon the suspension or
revocation of a license, the licensee shall  be  required  to
surrender  his  or  her  license to OBRE, and upon failure or
refusal to do so, OBRE shall have  the  right  to  seize  the
license.
    (k)  At   any   time   after  the  suspension,  temporary
suspension, or revocation of any license, OBRE may restore it
to  the  accused  without  examination,  upon   the   written
recommendation of the Board.
    (l)  An  order of revocation or suspension or a certified
copy thereof, over the seal of  OBRE  and  purporting  to  be
signed by the Commissioner, shall be prima facie proof that:
         (1)  The  signature  is the genuine signature of the
    Commissioner.
         (2)  The  Commissioner   is   duly   appointed   and
    qualified.
         (3)  The   Board   and   the   members  thereof  are
    qualified.
Such proof may be rebutted.
    (m)  Notwithstanding  any   provisions   concerning   the
conduct  of  hearings  and  recommendations  for disciplinary
actions,  OBRE  as  directed  by  the  Commissioner  has  the
authority  to  negotiate  agreements   with   licensees   and
applicants  resulting  in disciplinary consent orders.  These
consent orders may provide for any of the forms of discipline
provided in this Act.  These  consent  orders  shall  provide
that  they  were not entered into as a result of any coercion
by OBRE.  Any such consent order  shall  be  filed  with  the
Commissioner   along  with  the  Board's  recommendation  and
accepted or rejected by the Commissioner within  60  days  of
the Board's recommendation.
(Source: P.A. 91-245, eff. 12-31-99.)

    (225 ILCS 454/25-14 new)
    Sec.  25-14.  Reliance on advisory letters.  Licensees or
their representatives may seek an advisory letter  from  OBRE
as to matters arising under this Act or the rules promulgated
pursuant  to this Act.  OBRE shall promulgate rules as to the
process of seeking  and  obtaining  an  advisory  letter  and
topics  and  areas  on which advisory rules will be issued by
OBRE.  A licensee is entitled to rely upon an advisory letter
from OBRE and will not be disciplined  by  OBRE  for  actions
taken in reliance on the advisory letter.

    (225 ILCS 454/25-37 new)
    Sec.  25-37.  Real  Estate  Audit  Fund; audit of special
accounts; audit of fund.
    (a)  A special fund to be known as the Real Estate  Audit
Fund  is  created in the State Treasury.  The State Treasurer
shall cause a transfer  of  $200,000  from  the  Real  Estate
License  Administration Fund to the Real Estate Audit Fund on
January 1, 2002.  If, at any time, the balance  in  the  Real
Estate  Audit  Fund is less than $25,000, the State Treasurer
shall cause a transfer  of  $200,000  from  the  Real  Estate
License  Administration  Fund  to the Real Estate Audit Fund.
The moneys held in the Real Estate Audit Fund shall  be  used
exclusively  by OBRE to conduct audits of special accounts of

moneys belonging to others held by a broker.
    (b)  Upon receipt of a  complaint  or  evidence  by  OBRE
sufficient  to  cause  OBRE  to reasonably believe that funds
required to be maintained in a special account  by  a  broker
have  been  misappropriated, the broker shall, within 30 days
of  written  notice,  submit  to  an  audit  of  all  special
accounts.  Such  audit  shall  be  performed  by  a  licensed
certified public accountant, shall result in a written report
by the accountant, and shall specifically refer to the escrow
and  record-keeping  requirements  of  this Act and the rules
adopted under this Act.  If it is found, pursuant to an order
issued by  the  Commissioner,  that  moneys  required  to  be
maintained   in   a   special   account   by  a  broker  were
misappropriated, as further defined by rule, the broker shall
reimburse OBRE, in addition to any other discipline or  civil
penalty imposed, for the cost of the audit performed pursuant
to  this  Section.   OBRE  may  file  in  circuit court for a
judgment to enforce the collection of  the  reimbursement  of
the  cost of such audit.  Any reimbursement collected by OBRE
shall be deposited into the Real Estate Audit Fund.
    (c)  Moneys in the Real Estate Audit Fund may be invested
and reinvested in the same manner as funds in the Real Estate
Recovery Fund.  All earnings received  from  such  investment
shall  be  deposited in the Real Estate Audit Fund and may be
used for the same purpose as other moneys  deposited  in  the
Real  Estate  Audit  Fund.   Upon  completion of any audit of
OBRE, prescribed by the Illinois State  Auditing  Act,  which
includes  an  audit of the Real Estate Audit Fund, OBRE shall
make the audit open to inspection by any interested person.

    (225 ILCS 454/20-70 rep.)
    Section 15.  The Real  Estate  License  Act  of  2000  is
amended by repealing Section 20-70.
    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 10, 2001.
    Approved August 02, 2001.

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