Section 1455.318  Citations for Non-Compliance with Continuing Education Requirements

The Division shall conduct audits to verify compliance with the CE requirements of the Act and this Part.  If, during an audit or compliance review, the Division determines that a licensee may be deficient in complying with CE requirements, the Division will issue a citation to the licensee, with a copy to an Associate Real Estate Trainee Appraiser's supervisor if applicable, of the deficiency.  Service of the citation shall be made in person, electronically or by mail to the licensee's address or email address of record.  The licensee shall have 60 days after the date of service of the citation to submit evidence of compliance with CE requirements to the Division and to pay the fine imposed.

a)         The citation shall inform the licensee that the licensee may provide the Division with proof that the licensee has completed the required CE prior to the renewal deadline or deadlines associated with the audit.  If satisfactory proof is provided within 60 days after the citation is served, the citation shall become null and void.

b)         The citation shall set forth the fine imposed and inform the licensee that the licensee may request a hearing contesting the deficiency within 30 days after the citation is served.

c)         The citation shall be non-public and become a final non-disciplinary order or consent to administrative supervision order if the cited licensee does not request a hearing within 30 days after the citation is served or if the cited licensee does not provide the Division with proof of completing the required CE, prior to the renewal deadline associated with the audit.  The fine shall be payable within 30 days after the date of the final order.

d)         A non-public and non-disciplinary fine in the amount of $500 shall be assessed for a first citation for noncompliance with CE requirements.  A non-public and non-disciplinary fine in the amount of $1,000 shall be assessed for a second citation for noncompliance with CE requirements.  Pursuant to Section 15-10.1 of the Act, a third and subsequent citation for noncompliance with CE requirements shall result in publicly disclosed discipline and a fine in an amount not to exceed $2,000.

e)         Payment of the non-public and non-disciplinary fine does not absolve the licensee from the responsibility to complete the CE requirements and correct the violation.  If the licensee fails to submit satisfactory evidence of compliance with CE requirements and to pay the fine imposed pursuant to a non-public, final non-disciplinary order or consent to administrative supervision order, the Department shall take further disciplinary action pursuant to this Act and this Part for violation of the terms of the order.

(Source:  Added at 48 Ill. Reg. 14553, effective September 24, 2024)