[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0239
HB1805 Enrolled LRB9205853LBmg
AN ACT in relation to home inspectors.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1. GENERAL PROVISIONS
Section 1-1. Short title. This Act may be cited as the
Home Inspector License Act.
Section 1-5. Legislative intent. The intent of the
General Assembly in enacting this Act is to evaluate the
competency of persons, including any entity, engaged in the
home inspection business and to regulate and license those
persons engaged in this business for the protection of the
public.
Section 1-10. Definitions. As used in this Act, unless
the context otherwise requires:
"Applicant" means a person who applies to OBRE for a
license under this Act.
"Board" means the Home Inspector Advisory Board.
"Client" means a person who engages or seeks to engage
the services of a home inspector for an inspection
assignment.
"Commissioner" means the Commissioner of the Office of
Banks and Real Estate or his or her designee.
"Home inspection" means the examination and evaluation of
the exterior and interior components of residential real
property, which includes the inspection of any 2 or more of
the following components of residential real property in
connection with or to facilitate the sale, lease, or other
conveyance of, or the proposed sale, lease or other
conveyance of, residential real property:
(1) heating, ventilation, and air conditioning
system;
(2) plumbing system;
(3) electrical system;
(4) structural composition;
(5) foundation;
(6) roof;
(7) masonry structure; or
(8) any other residential real property component
as established by rule.
"Home inspector" means a person who, for another and for
compensation either direct or indirect, performs home
inspections.
"Home inspection report" or "inspection report" means a
written evaluation prepared and issued by a home inspector
upon completion of a home inspection, which meets the
standards of practice as established by OBRE.
"Inspection assignment" means an engagement for which a
home inspector is employed or retained to conduct a home
inspection and prepare a home inspection report.
"OBRE" means the Office of Banks and Real Estate.
"Person" means 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.
"Residential real property" means real property that is
used or intended to be used as a residence by one or more
individuals.
"Standards of practice" means recognized standards and
codes to be used in a home inspection, as determined by OBRE
and established by rule.
ARTICLE 5. LICENSING PROVISIONS
Section 5-5. Necessity of license; use of title;
exemptions.
(a) Beginning January 1, 2003, it is unlawful for any
person, including any entity, to act or assume to act as a
home inspector, to engage in the business of home inspection,
to develop a home inspection report, to practice as a home
inspector, or to advertise or hold himself, herself, or
itself out to be a home inspector without a home inspector
license issued under this Act. A person who violates this
subsection is guilty of a Class A misdemeanor.
(b) Beginning January 1, 2003, it is unlawful for any
person, other than a person who holds a valid home inspector
license issued pursuant to this Act, to use the title "home
inspector" or any other title, designation, or abbreviation
likely to create the impression that the person is licensed
as a home inspector pursuant to this Act. A person who
violates this subsection is guilty of a Class A misdemeanor.
(c) The licensing requirements of this Article do not
apply to:
(1) any person who is employed as a code
enforcement official by the State of Illinois or any unit
of local government, while acting within the scope of
that government employment;
(2) any person licensed by the State of Illinois
while acting within the scope of his or her license; or
(3) any person engaged by the owner or lessor of
residential real property for the purpose of preparing a
bid or estimate as to the work necessary or the costs
associated with performing home construction, home
remodeling, or home repair work on the residential real
property, provided such person does not hold himself or
herself out, or advertise himself or herself, as being
engaged in business as a home inspector.
Section 5-10. Application for Home Inspector license.
Every natural person who desires to obtain a home inspector
license shall:
(1) apply to OBRE on forms provided by OBRE
accompanied by the required fee;
(2) be at least 21 years of age;
(3) provide evidence of having attained a high
school diploma or completed an equivalent course of study
as determined by an examination conducted by the Illinois
State Board of Education;
(4) personally take and pass an examination
authorized by OBRE; and
(5) prior to taking the examination, provide
evidence to OBRE that he or she has successfully
completed the prerequisite classroom hours of instruction
in home inspection, as established by rule.
Section 5-12. Application for home inspector license;
entity. Every entity that is not a natural person that
desires to obtain a home inspector license shall apply to
OBRE on forms provided by OBRE and accompanied by the
required fee.
Section 5-15. Practice prior to this Act. A person who
has actively and lawfully practiced as a home inspector in
the State of Illinois prior to the effective date of this Act
may take the examination required by subsection (4) of
Section 5-10 without having successfully completed the
classroom hours required under subsection (5) of Section
5-10, provided that he or she:
(1) is a resident of the State of Illinois;
(2) makes application to OBRE on forms provided by
OBRE within 6 months after the effective date of this
Act;
(3) verifies that he or she has practiced as a home
inspector for a period of at least 2 years prior to the
effective date of this Act; and
(4) verifies that he or she has conducted a minimum
of 200 home inspections that meet the standards
established by rule within the 2 years prior to the
effective date of this Act.
Section 5-16. Renewal of license.
(a) The expiration date and renewal period for a home
inspector license issued under this Act shall be set by rule.
Except as otherwise provided in subsections (b) and (c) of
this Section, the holder of a license may renew the license
within 90 days preceding the expiration date by:
(1) completing and submitting to OBRE a renewal
application form as provided by OBRE;
(2) paying the required fees; and
(3) providing evidence of successful completion of
the continuing education requirements through courses
approved by OBRE given by education providers licensed by
OBRE, as established by rule.
(b) A home inspector whose license under this Act has
expired may renew the license for a period of 2 years
following the expiration date by complying with the
requirements of subparagraphs (1), (2), and (3) of subsection
(a) of this Section and paying any late penalties established
by rule.
(c) Notwithstanding subsection (b), a home inspector
whose license under this Act has expired may renew the
license without paying any lapsed renewal fees or late
penalties if (i) the license expired while the home inspector
was on active duty with the United States Armed Services,
(ii) application for renewal is made within 2 years following
the termination of the military service or related education,
training, or employment, and (iii) the applicant furnishes to
OBRE an affidavit that he or she was so engaged.
(d) OBRE shall provide reasonable care and due diligence
to ensure that each licensee under this Act is provided a
renewal application at least 90 days prior to the expiration
date, but it is the responsibility of each licensee to renew
his or her license prior to its expiration date.
Section 5-17. Renewal of home inspector license; entity.
(a) The expiration date and renewal period for a home
inspector license for an entity that is not a natural person
shall be set by rule. The holder of a license may renew the
license within 90 days preceding the expiration date by
completing and submitting to OBRE a renewal application form
as provided by OBRE and paying the required fees.
(b) An entity that is not a natural person whose license
under this Act has expired may renew the license for a period
of 2 years following the expiration date by complying with
the requirements of subsection (a) of this Section and paying
any late penalties established by rule.
Section 5-20. Reciprocity; consent to jurisdiction.
(a) A nonresident who holds a valid home inspector
license issued to him or her by the proper licensing
authority of a state, territory, possession of the United
States, or the District of Columbia that has licensing
requirements equal to or substantially equivalent to the
requirements of the State of Illinois and otherwise meets the
requirements for licensure may obtain a license without
examination, provided that:
(1) OBRE has entered into a valid reciprocal
agreement with the proper licensing authority of the
state, territory, or possession of the United States or
the District of Columbia;
(2) the applicant provides OBRE with a certificate
of good standing from the applicant's licensing
authority;
(3) the applicant completes and submits an
application provided by OBRE; and
(4) the applicant pays all applicable fees required
under this Act.
(b) A nonresident applicant shall file an irrevocable
consent form with OBRE authorizing that actions may be
commenced against the applicant or nonresident licensee in a
court of competent jurisdiction in the State of Illinois by
the service of summons, process, or other pleading authorized
by law upon the Commissioner. The consent shall stipulate
and agree that service of the summons, process, or pleading
upon the Commissioner shall be taken and held in all courts
to be valid and binding as if actual service had been made
upon the nonresident licensee in Illinois. If a summons,
process, or other pleading is served upon the Commissioner,
it shall be by duplicate copies, one of which shall be
retained by OBRE and the other shall be immediately forwarded
by certified or registered mail to the last known address of
the nonresident licensee against whom the summons, process,
or other pleading is directed.
Section 5-25. Pre-license education requirements. The
prerequisite classroom hours necessary for a person to be
approved to sit for the examination for a home inspector
shall be established by rule.
Section 5-30. Continuing education renewal requirements.
The continuing education requirements for a person to renew a
license as a home inspector shall be established by rule.
Section 5-45. Fees. OBRE shall establish rules for fees
to be paid by applicants and licensees to cover the
reasonable costs of OBRE in administering and enforcing the
provisions of this Act. OBRE may also establish rules for
general fees to cover the reasonable expenses of carrying out
other functions and responsibilities under this Act.
ARTICLE 10. BUSINESS PRACTICE PROVISIONS
Section 10-5. Standards of practice. All persons
licensed under this Act must comply with standards of
professional home inspection adopted by OBRE and established
by rule. OBRE shall consider nationally recognized standards
and codes prior to adopting the rules for the standards of
practice.
Section 10-10. Retention of records. A person licensed
under this Act shall retain the original or a true and exact
copy of all written contracts engaging his or her services as
a home inspector and all home inspection reports, including
any supporting data used to develop the home inspection
report, for a period of 5 years or 2 years after the final
disposition of any judicial proceeding in which testimony was
given, whichever is longer.
ARTICLE 15. DISCIPLINARY PROVISIONS
Section 15-5. Unlicensed practice; civil penalty;
injunctive relief.
(a) Any person who violates Section 5-5 of this Act
shall, in addition to any other penalty provided by law, pay
a civil penalty to OBRE in an amount not to exceed $10,000
for each violation as determined by the Commissioner. The
civil penalty shall be assessed by the Commissioner after a
hearing in accordance with the provisions of this Act.
(b) OBRE has the authority to investigate any activity
that may violate this Act or the rules adopted under this
Act.
(c) A civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The OBRE may petition the circuit court for a judgment to
enforce the collection of the penalty. Any civil penalties
collected under this Act shall be made payable to the Office
of Banks and Real Estate and deposited into the Home
Inspector Administration Fund. In addition to or in lieu of
the imposition of a civil penalty, OBRE may report a
violation of this Act or the failure or refusal to comply
with an order of OBRE to the Attorney General or the
appropriate State's Attorney.
(d) Practicing as a home inspector without holding a
valid license as required under this Act is declared to be
adverse to the public welfare, to constitute a public
nuisance, and to cause irreparable harm to the public
welfare. The Commissioner, the Attorney General, or the
State's Attorney of any county in the State may maintain an
action for injunctive relief in the name of the People of the
State of Illinois in any circuit court to enjoin any person
from engaging in such practice.
Upon the filing of a verified petition in a circuit
court, the court, if satisfied by affidavit or otherwise that
a person has been engaged in the practice of home inspections
without a valid license, may enter a temporary restraining
order without notice or bond enjoining the defendant from
further practice. The showing of non-licensure, by affidavit
or otherwise, is sufficient for the issuance of a temporary
injunction. A copy of the verified complaint shall be served
upon the defendant and the proceeding shall be conducted as
in other civil cases except as modified by this Section. If
it is established that the defendant has been or is engaged
in unlawful practice, the court may enter an order or
judgment perpetually enjoining the defendant from further
unlawful practice. In all proceedings under this Section,
the court, in its discretion, may apportion the costs among
the parties interested in the action, including the cost of
filing the complaint, service of process, witness fees and
expenses, court reporter charges, and reasonable attorneys'
fees. These injunction proceedings shall be in addition to,
and not in lieu of, all penalties and other remedies provided
in this Act.
Section 15-10. Grounds for disciplinary action.
(a) The Office of Banks and Real Estate may suspend,
revoke, or refuse to issue or renew a license, and may
reprimand, place on probation or administrative supervision,
or otherwise discipline a licensee, including imposing
conditions limiting the scope, nature, or extent of the home
inspection practice of a licensee and may impose a civil
penalty not to exceed $10,000 upon a licensee, for one or any
combination of the following:
(1) Procuring or attempting to procure a license by
knowingly making a false statement, submitting false
information, making any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application
for licensure.
(2) Failing to meet the minimum qualifications for
licensure as a home inspector established by this Act.
(3) Paying money, other than for the fees provided
for by this Act, or anything of value to a member of the
Board or an employee of the Office of Banks and Real
Estate to procure licensure under this Act.
(4) Being convicted of a felony in any state or
federal court; of any crime, an essential element of
which is dishonesty, fraud, theft, or embezzlement; of
obtaining money, property, or credit by false pretenses;
or of any other crime that is reasonably related to the
practice of home inspection.
(5) Committing an act or omission involving
dishonesty, fraud, or misrepresentation with the intent
to substantially benefit the licensee or another person
or with the intent to substantially injure another
person.
(6) Violating a provision or standard for the
development or communication of home inspections as
provided in Section 10-5 of this Act or as defined in the
rules.
(7) Failing or refusing without good cause to
exercise reasonable diligence in the development,
reporting, or communication of a home inspection report,
as defined by this Act or the rules.
(8) Violating a provision of this Act or the rules.
(9) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, a
governmental agency, or any other entity authorized to
impose discipline if at least one of the grounds for that
discipline is the same as or the equivalent of one of the
grounds for which a licensee may be disciplined under
this Act.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(11) Accepting an inspection assignment when the
employment itself is contingent upon the home inspector
reporting a predetermined analysis or opinion, or when
the fee to be paid is contingent upon the analysis,
opinion, or conclusion reached or upon the consequences
resulting from the home inspection assignment.
(12) Developing home inspection opinions or
conclusions based on the race, color, religion, sex,
national origin, ancestry, age, marital status, family
status, physical or mental handicap, or unfavorable
military discharge, as defined under the Illinois Human
Rights Act, of the prospective or present owners or
occupants of the area or property under home inspection.
(13) Being adjudicated liable in a civil proceeding
on grounds of fraud, misrepresentation, or deceit. In a
disciplinary proceeding based upon a finding of civil
liability, the home inspector shall be afforded an
opportunity to present mitigating and extenuating
circumstances, but may not collaterally attack the civil
adjudication.
(14) Being adjudicated liable in a civil proceeding
for violation of a State or federal fair housing law.
(15) Engaging in misleading or untruthful
advertising or using a trade name or insignia of
membership in a home inspection organization of which the
licensee is not a member.
(16) Failing to fully cooperate with an OBRE
investigation by knowingly making a false statement,
submitting false or misleading information, or refusing
to provide complete information in response to written
interrogatories or a written request for documentation
within 30 days of the request.
(17) Failing to include within the home inspection
report the home inspector's license number and the date
of expiration of the license. All home inspectors
providing significant contribution to the development and
reporting of a home inspection must be disclosed in the
home inspection report. It is a violation of this Act for
a home inspector to sign a home inspection report knowing
that a person providing a significant contribution to the
report has not been disclosed in the home inspection
report.
(18) Advising a client as to whether the client
should or should not engage in a transaction regarding
the residential real property that is the subject of the
home inspection.
(19) Performing a home inspection in a manner that
damages or alters the residential real property that is
the subject of the home inspection without the consent of
the owner.
(20) Performing a home inspection when the home
inspector is providing or may also provide other services
in connection with the residential real property or
transaction, or has an interest in the residential real
property, without providing prior written notice of the
potential or actual conflict and obtaining the prior
consent of the client as provided by rule.
(b) The Office of Banks and Real Estate may suspend,
revoke, or refuse to issue or renew an education provider's
license, may reprimand, place on probation, or otherwise
discipline an education provider licensee, and may suspend or
revoke the course approval of any course offered by an
education provider, for any of the following:
(1) Procuring or attempting to procure licensure by
knowingly making a false statement, submitting false
information, making any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application
for licensure.
(2) Failing to comply with the covenants certified
to on the application for licensure as an education
provider.
(3) Committing an act or omission involving
dishonesty, fraud, or misrepresentation or allowing any
such act or omission by any employee or contractor under
the control of the education provider.
(4) Engaging in misleading or untruthful
advertising.
(5) Failing to retain competent instructors in
accordance with rules adopted under this Act.
(6) Failing to meet the topic or time requirements
for course approval as the provider of a pre-license
curriculum course or a continuing education course.
(7) Failing to administer an approved course using
the course materials, syllabus, and examinations
submitted as the basis of the course approval.
(8) Failing to provide an appropriate classroom
environment for presentation of courses, with
consideration for student comfort, acoustics, lighting,
seating, workspace, and visual aid material.
(9) Failing to maintain student records in
compliance with the rules adopted under this Act.
(10) Failing to provide a certificate, transcript,
or other student record to OBRE or to a student as may be
required by rule.
(11) Failing to fully cooperate with an OBRE
investigation by knowingly making a false statement,
submitting false or misleading information, or refusing
to provide complete information in response to written
interrogatories or a written request for documentation
within 30 days of the request.
(c) In appropriate cases, OBRE may resolve a complaint
against a licensee through the issuance of a Consent to
Administrative Supervision order. A licensee subject to a
Consent to Administrative Supervision order shall be
considered by OBRE as an active licensee in good standing.
This order shall not be reported as or considered by OBRE to
be a discipline of the licensee. The records regarding an
investigation and a Consent to Administrative Supervision
order shall be considered confidential and shall not be
released by OBRE except as mandated by law. The complainant
shall be notified that his or her complaint has been resolved
by a Consent to Administrative Supervision order.
Section 15-15. Investigation; notice; hearing.
(a) Upon the request of the Office of Banks and Real
Estate or the Board, or upon a complaint in writing of a
person setting forth facts that, if proven, would constitute
grounds for suspension, revocation, or other disciplinary
action against a licensee or applicant for licensure, the
Office of Banks and Real Estate shall investigate the actions
of the licensee or applicant so accused.
(b) Formal disciplinary proceedings shall commence upon
the issuance of a written complaint detailing the charges
that are the basis of the disciplinary action and delivery of
the detailed complaint to the address of record of the
licensee or applicant. OBRE shall notify the licensee or
applicant to file a verified written answer within 20 days
after the service of the notice and complaint. The
notification shall inform the licensee or applicant that he
or she has a right to be heard in person or by legal counsel;
that the hearing will be afforded not sooner than 30 days
after receipt of the answer to the specific charges; that
failure to file an answer will result in a default being
entered against the licensee or applicant; and that the
license may be suspended, revoked, or placed on probationary
status and other disciplinary action may be taken pursuant to
this Act, including limiting the scope, nature, or extent of
the licensee's practice. If the licensee or applicant fails
to file an answer after receiving notice, his or her license
may, at the discretion of the Office of Banks and Real
Estate, be suspended, revoked, or placed on probationary
status and the Office of Banks and Real Estate may take
whatever disciplinary action it deems proper, including
limiting the scope, nature, or extent of the person's
practice, without a hearing.
(c) At the time and place fixed in the notice, the Board
shall conduct a hearing of the charges, providing both the
accused person and the complainant ample opportunity to
present in person or by counsel such statements, testimony,
evidence, and arguments as may be pertinent to the charges or
to any defense thereto.
(d) The Board shall present to the Commissioner a
written report of its findings and recommendations. A copy of
the report shall be served upon the licensee or applicant,
either personally or by certified mail. Within 20 days after
the service, the licensee or applicant may present the
Commissioner with a motion in writing for either a rehearing,
a proposed finding of fact, a conclusion of law, or an
alternative sanction, and shall specify the particular
grounds for the request. 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. If the Commissioner is not satisfied that
substantial justice has been done, the Commissioner may order
a rehearing by the Board or other special committee appointed
by the Commissioner, may remand the matter to the Board for
their reconsideration of the matter based on the pleadings
and evidence presented to the Board, or may enter a final
order in contravention of the Board's recommendation. 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, if he or
she disagrees with the recommendation of the Board, shall
file with the Board and provide to the licensee or applicant
the Commissioner's specific written reasons for 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 any of the actions specified in this
paragraph. 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.
(e) The Office of Banks and Real Estate has the power to
issue subpoenas and subpoenas duces tecum to bring before it
any person in this State, to take testimony, or to require
production of any records relevant to an inquiry or hearing
by the Board in the same manner as prescribed by law in
judicial proceedings in the courts of this State. In a case
of refusal of a witness to attend, testify, or to produce
books or papers concerning a matter upon which he or she
might be lawfully examined, the circuit court of the county
where the hearing is held, upon application of the Office of
Banks and Real Estate or any party to the proceeding, may
compel obedience by proceedings as for contempt of court.
(f) Any license that is suspended indefinitely or
revoked may not be restored for a minimum period of 2 years.
After the 2 year period, OBRE may restore the license without
examination, upon the written recommendation of the Board.
Section 15-20. Administrative Review Law; certification
fees; Administrative Procedure Act.
(a) All final administrative decisions of the
Commissioner under this Act are subject to judicial review
pursuant to the provisions of the Administrative Review Law
and the rules adopted pursuant thereto. The term
"administrative decision" has the meaning ascribed to it in
Section 3-101 of the Administrative Review Law.
(b) OBRE shall not be required to certify any record,
file any answer, or otherwise appear unless the party filing
the administrative review complaint pays the certification
fee to OBRE as provided by rule. Failure on the part of the
plaintiff to make such a deposit shall be grounds for
dismissal of the action.
(c) The Administrative Procedure Act is hereby expressly
adopted and incorporated herein. In the event of a conflict
between this Act and the Administrative Procedure Act, this
Act shall control.
Section 15-25. Temporary suspension. The Commissioner
may temporarily suspend the license of a licensee without a
hearing, while instituting a proceeding for a hearing as
provided for in Section 15-15 of this Act, if the
Commissioner finds that the evidence indicates that the
public interest, safety, or welfare imperatively requires
emergency action. In the event that the Commissioner
temporarily suspends the license without a hearing before the
Board, a hearing shall be held within 30 days after the
suspension has occurred. The suspended licensee may seek a
continuance of the hearing during which the suspension shall
remain in effect. The proceeding shall be concluded without
appreciable delay.
Section 15-30. Statute of limitations. No action may be
taken under this Act against a person licensed under this Act
unless the action is commenced within 5 years after the
occurrence of the alleged violation. A continuing violation
is deemed to have occurred on the date when the circumstances
last existed that gave rise to the alleged continuing
violation.
Section 15-35. Signature of the Commissioner. An order
of revocation or suspension or a certified copy of the order,
bearing 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; and
(3) the Board and its members are qualified.
This proof may be rebutted.
Section 15-40. Violation of tax Acts. OBRE may refuse
to issue or renew or may suspend the license of any person
who fails to file a return, pay the tax, penalty, or interest
shown in a filed return, or pay any final assessment of tax,
penalty, or interest, as required by any tax Act administered
by the Department of Revenue, until such time as the
requirements of that tax Act are satisfied.
Section 15-45. Disciplinary action for educational loan
defaults. OBRE shall deny a license or renewal authorized by
this Act to a person who has defaulted on an educational loan
or scholarship provided or guaranteed by the Illinois Student
Assistance Commission or any governmental agency of this
State. OBRE may issue a license or renewal if the person has
established a satisfactory repayment record as determined by
the Illinois Student Assistance Commission or other
appropriate governmental agency of this State. Additionally,
a license issued by OBRE may be suspended or revoked if the
Commissioner, after the opportunity for a hearing under this
Act, finds that the licensee has failed to make satisfactory
repayment to the Illinois Student Assistance Commission for a
delinquent or defaulted loan.
Section 15-50. Nonpayment of child support. In cases
where the Department of Public Aid has previously determined
that a licensee or a potential licensee is more than 30 days
delinquent in the payment of child support and has
subsequently certified the delinquency to OBRE, OBRE may
refuse to issue or renew or may revoke or suspend that
person's license or may take other disciplinary action
against that person based solely upon the certification of
delinquency made by the Department of Public Aid.
Redetermination of the delinquency by OBRE shall not be
required. In cases regarding the renewal of a license, OBRE
shall not renew any license if the Department of Public Aid
has certified the licensee to be more than 30 days delinquent
in the payment of child support unless the licensee has
arranged for payment of past and current child support
obligations in a manner satisfactory to the Department of
Public Aid. OBRE may impose conditions, restrictions, or
disciplinary action upon that renewal.
Section 15-55. Returned checks; penalty fee;
termination. A person who delivers a check or other payment
to OBRE that is returned to OBRE unpaid by the financial
institution upon which it was drawn shall pay to OBRE, in
addition to the amount already owed, a penalty fee of $50.
OBRE shall notify the person, by certified mail return
receipt requested, that his or her check or payment was
returned and that the person shall pay to OBRE by certified
check or money order the amount of the returned check plus a
$50 penalty fee within 30 calendar days after the date of the
notification. If, after the expiration of 30 calendar days
of the notification, the person has failed to remit the
necessary funds and penalty, OBRE shall automatically
terminate the license or deny the application without
hearing. If the returned check or other payment was for
issuance of a license under this Act and that person
practices as a home inspector, that person may be subject to
discipline for unlicensed practice as provided in this Act.
If, after termination or denial, the person seeks a license,
he or she shall petition OBRE for restoration and he or she
may be subject to additional discipline or fines. The
Commissioner may waive the penalties or fines due under this
Section in individual cases where the Commissioner finds that
the penalties or fines would be unreasonable or unnecessarily
burdensome.
Section 15-60. Cease and desist orders. OBRE may issue,
cease and desist orders to persons who engage in activities
prohibited by this Act. Any person in violation of a cease
and desist order issued by OBRE is subject to all of the
penalties provided by law.
ARTICLE 20. EDUCATION PROVISIONS
Section 20-5. Education provider.
(a) Beginning January 1, 2002, only education providers
licensed by OBRE may provide the pre-license and continuing
education courses required for licensure under this Act.
(b) A person or entity seeking to be licensed as an
education provider under this Act shall provide satisfactory
evidence of the following:
(1) a sound financial base for establishing,
promoting, and delivering the necessary courses;
(2) a sufficient number of qualified instructors;
(3) adequate support personnel to assist with
administrative matters and technical assistance;
(4) a written policy dealing with procedures for
management of grievances and fee refunds;
(5) a qualified school administrator, who is
responsible for the administration of the school,
courses, and the actions of the instructors; and
(6) any other requirements provided by rule.
(c) All applicants for an education provider's license
shall make initial application to OBRE on forms provided by
OBRE and pay the appropriate fee as provided by rule. The
term, expiration date, and renewal of an education provider's
license shall be established by rule.
(d) An education provider shall provide each successful
course participant with a certificate of completion signed by
the school administrator. The format and content of the
certificate shall be specified by rule.
(e) All education providers shall provide to OBRE a
monthly roster of all successful course participants as
provided by rule.
Section 20-10. Course approval.
(a) Only courses that are approved by OBRE and offered
by licensed education providers shall be used to meet the
requirements of this Act and rules.
(b) An education provider licensed under this Act may
submit courses to OBRE for approval. The criteria,
requirements, and fees for courses shall be established by
rule.
(c) For each course approved, OBRE shall issue a
certificate of course approval to the education provider.
The term, expiration date, and renewal of a course approval
shall be established by rule.
ARTICLE 25. ADMINISTRATIVE PROVISIONS
Section 25-5. Home Inspector Administration Fund;
surcharge.
(a) The Home Inspector Administration Fund is created as
a special fund in the State Treasury. All fees, fines, and
penalties received by OBRE under this Act shall be deposited
into the Home Inspector Administration Fund. All earnings
attributable to investment of funds in the Home Inspector
Administration Fund shall be credited to the Home Inspector
Administration Fund. Subject to appropriation, the moneys in
the Home Inspector Administration Fund shall be appropriated
to OBRE for the expenses incurred by OBRE and the Board in
the administration of this Act.
(b) The State Comptroller and State Treasurer shall
transfer $150,000 from the Real Estate License Administration
Fund to the Home Inspector Administration Fund on July 1,
2002.
The State Treasurer shall transfer $50,000 from the Home
Inspector Administration Fund to the Real Estate License
Administration Fund on July 1, 2003, July 1, 2004, and July
1, 2005; except that if there is a sufficient fund balance in
the Home Inspector Administration Fund, the Commissioner may
recommend the acceleration of any of these repayment
transfers to the State Comptroller and State Treasurer, who
may, in their discretion, accelerate the transfers in
accordance with the Commissioner's recommendation.
(c) Until a total of $150,000 has been transferred to
the Real Estate License Administration Fund from the Home
Inspector Administration Fund under subsection (b), each
initial applicant for a license under this Act shall pay to
OBRE a surcharge of $150 in addition to the license fees
otherwise required under this Act.
(d) Upon the completion of any audit of OBRE, as
prescribed by the Illinois State Auditing Act, that includes
an audit of the Home Inspector Administration Fund, OBRE
shall make the audit report open to inspection by any
interested person.
Section 25-10. Home Inspector Advisory Board.
(a) There is hereby created the Home Inspector Advisory
Board. The Board shall be composed of 7 voting members
appointed by the Commissioner, plus the liaison under Section
25-15, who shall serve ex officio and without vote. Members
shall be appointed to the Board subject to the following
conditions:
(1) All appointed members shall have been residents
and citizens of this State for at least 5 years prior to
the date of appointment.
(2) The appointed membership of the Board should
reasonably reflect the geographic distribution of the
population of the State.
(3) Five appointed members shall be actively
engaged and currently licensed as home inspectors, except
that the initial appointees may be persons without a
license who have been actively engaged as home inspectors
for a period of 5 years immediately before the effective
date of this Act. Failure of an initial appointee under
this item (3) to obtain a license by January 1, 2003
shall constitute resignation from the Board.
(4) One appointed member shall hold a valid license
as a real estate broker and shall have been actively
engaged as a real estate broker for a period of not less
than 5 years.
(5) One appointed member shall represent the
interests of the general public. This member and the
member's spouse shall not be licensed under this Act, nor
be employed by nor have any interest in a home inspection
business or a real estate brokerage business.
In making appointments to the Board, the Commissioner
shall give due consideration to recommendations by members
and organizations representing the home inspection and real
estate industries.
(b) The term for members of the Board shall be 4 years,
except for the initial appointees. Of the initial
appointees, 4 members shall be appointed for terms ending
January 1, 2007 and 3 members shall be appointed for terms
ending January 1, 2006. No member shall serve more than 10
years in a lifetime.
(c) The Commissioner may terminate the appointment of
any member for cause that, in the opinion of the
Commissioner, reasonably justifies the termination. Cause for
termination may include, without limitation, misconduct,
incapacity, neglect of duty, or missing 4 Board meetings
during any one calendar year.
(d) A majority of the voting members currently appointed
shall constitute a quorum. A vacancy in the membership of
the Board shall not impair the right of a quorum to exercise
all of the rights and perform all of the duties of the Board.
(e) The Board shall meet at least quarterly and may be
convened by the Chairperson or 3 members of the Board upon 10
days' written notice.
(g) The liaison appointed pursuant to Section 25-15 of
this Act shall serve, ex officio, as Chairperson of the
Board, without vote.
(h) The Board shall advise OBRE on matters of licensing
and education and shall make recommendations to OBRE on those
matters. OBRE shall give due consideration to all
recommendations presented by the Board.
(i) The Board shall hear and make recommendations to the
Commissioner on disciplinary matters that require a formal
evidentiary hearing. The Commissioner shall give due
consideration to the recommendations of the Board involving
discipline and questions about the standards of professional
conduct of licensees.
(j) The Board may make recommendations to OBRE
concerning the consistency of the rules with the provisions
of this Act and the administration and enforcement of the
rules. OBRE shall give due consideration to the
recommendations of the Board prior to promulgating rules.
(k) The Board shall make recommendations to OBRE on the
approval of courses submitted to OBRE pursuant to this Act
and rules. OBRE shall give due consideration to the
recommendations of the Board prior to approving courses.
(l) Each voting member of the Board shall receive a per
diem stipend in an amount to be determined by the
Commissioner. Each voting member shall be paid his or her
necessary expenses while engaged in the performance of his or
her duties.
(m) Members of the Board shall be immune from suit in an
action based upon any disciplinary proceedings or other acts
performed in good faith as members of the Board.
Section 25-15. Liaison; duties. The Commissioner shall
appoint an employee of OBRE to:
(1) serve as a liaison to and as Chairperson of the
Home Inspector Advisory Board, without vote;
(2) be the direct liaison between OBRE, the
profession, home inspectors, and related industry
organizations and associations; and
(3) prepare and circulate to licensees such
educational and informational material as OBRE deems
necessary for providing guidance or assistance to
licensees.
Section 25-20. OBRE; powers and duties. The Office of
Banks and Real Estate shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for
the administration of licensing acts and shall exercise such
other powers and duties as are prescribed by this Act for the
administration of this Act. OBRE may contract with third
parties for services necessary for the proper administration
of this Act, including, without limitation, investigators
with the proper knowledge, training, and skills to properly
investigate complaints against home inspectors.
Section 25-25. Rules. OBRE, after considering any
recommendations of the Board, shall adopt any rules that may
be necessary for the administration, implementation, and
enforcement of this Act.
Section 25-30. Exclusive State powers and functions;
municipal powers. It is declared to be the public policy of
this State, pursuant to paragraph (h) of Section 6 of Article
VII of the Illinois Constitution of 1970, that any power or
function set forth in this Act to be exercised by the State
is an exclusive State power or function. Such power and
function shall not be exercised concurrently, either directly
or indirectly, by any unit of local government, including
home rule units.
ARTICLE 950. AMENDATORY PROVISIONS
Section 950-5. The Regulatory Sunset Act is amended by
adding Section 4.22 as follows:
(5 ILCS 801/4.22 new)
Sec. 4.22. Act repealed on January 1, 2012. The
following Act is repealed on January 1, 2012.
The Home Inspector License Act.
Section 950-10. The State Finance Act is amended by
adding Section 5.545 as follows:
(30 ILCS 105/5.545 new)
Sec. 5.545. The Home Inspector Administration Fund.
ARTICLE 999. EFFECTIVE DATE
Section 999-99. Effective date. This Act takes effect
upon becoming law.
Passed in the General Assembly May 10, 2001.
Approved August 03, 2001.
[ Top ]