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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Real Estate License Act of 2000 is amended | ||||||||||||||||||||||||||||||||||||||||||||||
5 | by changing Sections 1-10, 5-10, 5-27, 5-50, 5-70, 5-75, 5-85, | ||||||||||||||||||||||||||||||||||||||||||||||
6 | 25-10, 30-5, 30-15, and 30-20 as follows:
| ||||||||||||||||||||||||||||||||||||||||||||||
7 | (225 ILCS 454/1-10)
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8 | (Section scheduled to be repealed on January 1, 2020)
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9 | Sec. 1-10. Definitions. In this Act, unless the context | ||||||||||||||||||||||||||||||||||||||||||||||
10 | otherwise requires:
| ||||||||||||||||||||||||||||||||||||||||||||||
11 | "Act" means the Real Estate License Act of 2000.
| ||||||||||||||||||||||||||||||||||||||||||||||
12 | "Address of record" means the designated address recorded | ||||||||||||||||||||||||||||||||||||||||||||||
13 | by the Department in the applicant's or licensee's application | ||||||||||||||||||||||||||||||||||||||||||||||
14 | file or license file as maintained by the Department's | ||||||||||||||||||||||||||||||||||||||||||||||
15 | licensure maintenance unit. It is the duty of the applicant or | ||||||||||||||||||||||||||||||||||||||||||||||
16 | licensee to inform the Department of any change of address, and | ||||||||||||||||||||||||||||||||||||||||||||||
17 | those changes must be made either through the Department's | ||||||||||||||||||||||||||||||||||||||||||||||
18 | website or by contacting the Department. | ||||||||||||||||||||||||||||||||||||||||||||||
19 | "Advisory Council" means the Real Estate Education | ||||||||||||||||||||||||||||||||||||||||||||||
20 | Advisory Council created
under Section 30-10 of this Act.
| ||||||||||||||||||||||||||||||||||||||||||||||
21 | "Agency" means a relationship in which a broker or | ||||||||||||||||||||||||||||||||||||||||||||||
22 | licensee,
whether directly or through an affiliated licensee, | ||||||||||||||||||||||||||||||||||||||||||||||
23 | represents a consumer by
the consumer's consent, whether |
| |||||||
| |||||||
1 | express or implied, in a real property
transaction.
| ||||||
2 | "Applicant" means any person, as defined in this Section, | ||||||
3 | who applies to
the Department for a valid license as a managing | ||||||
4 | broker, broker, or
leasing agent.
| ||||||
5 | "Blind advertisement" means any real estate advertisement | ||||||
6 | that does not
include the sponsoring broker's business name and | ||||||
7 | that is used by any licensee
regarding the sale or lease of | ||||||
8 | real estate, including his or her own, licensed
activities, or | ||||||
9 | the hiring of any licensee under this Act. The broker's
| ||||||
10 | business name in the case of a franchise shall include the | ||||||
11 | franchise
affiliation as well as the name of the individual | ||||||
12 | firm.
| ||||||
13 | "Board" means the Real Estate Administration and | ||||||
14 | Disciplinary Board of the Department as created by Section | ||||||
15 | 25-10 of this Act.
| ||||||
16 | "Branch office" means a sponsoring broker's office other | ||||||
17 | than the sponsoring
broker's principal office.
| ||||||
18 | "Broker" means an individual, partnership, limited | ||||||
19 | liability company,
corporation, or registered limited | ||||||
20 | liability partnership other than a leasing agent who, whether | ||||||
21 | in person or through any media or technology, for another and | ||||||
22 | for compensation, or
with the intention or expectation of | ||||||
23 | receiving compensation, either
directly or indirectly:
| ||||||
24 | (1) Sells, exchanges, purchases, rents, or leases real | ||||||
25 | estate.
| ||||||
26 | (2) Offers to sell, exchange, purchase, rent, or lease |
| |||||||
| |||||||
1 | real estate.
| ||||||
2 | (3) Negotiates, offers, attempts, or agrees to | ||||||
3 | negotiate the sale,
exchange, purchase, rental, or leasing | ||||||
4 | of real estate.
| ||||||
5 | (4) Lists, offers, attempts, or agrees to list real | ||||||
6 | estate for sale,
rent, lease, or exchange.
| ||||||
7 | (5) Buys, sells, offers to buy or sell, or otherwise | ||||||
8 | deals in options on
real estate or improvements thereon.
| ||||||
9 | (6) Supervises the collection, offer, attempt, or | ||||||
10 | agreement
to collect rent for the use of real estate.
| ||||||
11 | (7) Advertises or represents himself or herself as | ||||||
12 | being engaged in the
business of buying, selling, | ||||||
13 | exchanging, renting, or leasing real estate.
| ||||||
14 | (8) Assists or directs in procuring or referring of | ||||||
15 | leads or prospects, intended to
result in the sale, | ||||||
16 | exchange, lease, or rental of real estate.
| ||||||
17 | (9) Assists or directs in the negotiation of any | ||||||
18 | transaction intended to
result in the sale, exchange, | ||||||
19 | lease, or rental of real estate.
| ||||||
20 | (10) Opens real estate to the public for marketing | ||||||
21 | purposes.
| ||||||
22 | (11) Sells, rents, leases, or offers for sale or lease | ||||||
23 | real estate at
auction.
| ||||||
24 | (12) Prepares or provides a broker price opinion or | ||||||
25 | comparative market analysis as those terms are defined in | ||||||
26 | this Act, pursuant to the provisions of Section 10-45 of |
| |||||||
| |||||||
1 | this Act. | ||||||
2 | "Brokerage agreement" means a written or oral agreement | ||||||
3 | between a sponsoring
broker and a consumer for licensed | ||||||
4 | activities to be provided to a consumer in
return for | ||||||
5 | compensation or the right to receive compensation from another.
| ||||||
6 | Brokerage agreements may constitute either a bilateral or a | ||||||
7 | unilateral
agreement between the broker and the broker's client | ||||||
8 | depending upon the content
of the brokerage agreement. All | ||||||
9 | exclusive brokerage agreements shall be in
writing.
| ||||||
10 | "Broker price opinion" means an estimate or analysis of the | ||||||
11 | probable selling price of a particular interest in real estate, | ||||||
12 | which may provide a varying level of detail about the | ||||||
13 | property's condition, market, and neighborhood and information | ||||||
14 | on comparable sales. The activities of a real estate broker or | ||||||
15 | managing broker engaging in the ordinary course of business as | ||||||
16 | a broker, as defined in this Section, shall not be considered a | ||||||
17 | broker price opinion if no compensation is paid to the broker | ||||||
18 | or managing broker, other than compensation based upon the sale | ||||||
19 | or rental of real estate. | ||||||
20 | "Client" means a person who is being represented by a | ||||||
21 | licensee.
| ||||||
22 | "Comparative market analysis" is an analysis or opinion | ||||||
23 | regarding pricing, marketing, or financial aspects relating to | ||||||
24 | a specified interest or interests in real estate that may be | ||||||
25 | based upon an analysis of comparative market data, the | ||||||
26 | expertise of the real estate broker or managing broker, and |
| |||||||
| |||||||
1 | such other factors as the broker or managing broker may deem | ||||||
2 | appropriate in developing or preparing such analysis or | ||||||
3 | opinion. The activities of a real estate broker or managing | ||||||
4 | broker engaging in the ordinary course of business as a broker, | ||||||
5 | as defined in this Section, shall not be considered a | ||||||
6 | comparative market analysis if no compensation is paid to the | ||||||
7 | broker or managing broker, other than compensation based upon | ||||||
8 | the sale or rental of real estate. | ||||||
9 | "Compensation" means the valuable consideration given by | ||||||
10 | one person or entity
to another person or entity in exchange | ||||||
11 | for the performance of some activity or
service. Compensation | ||||||
12 | shall include the transfer of valuable consideration,
| ||||||
13 | including without limitation the following:
| ||||||
14 | (1) commissions;
| ||||||
15 | (2) referral fees;
| ||||||
16 | (3) bonuses;
| ||||||
17 | (4) prizes;
| ||||||
18 | (5) merchandise;
| ||||||
19 | (6) finder fees;
| ||||||
20 | (7) performance of services;
| ||||||
21 | (8) coupons or gift certificates;
| ||||||
22 | (9) discounts;
| ||||||
23 | (10) rebates;
| ||||||
24 | (11) a chance to win a raffle, drawing, lottery, or | ||||||
25 | similar game of chance
not prohibited by any other law or | ||||||
26 | statute;
|
| |||||||
| |||||||
1 | (12) retainer fee; or
| ||||||
2 | (13) salary.
| ||||||
3 | "Confidential information" means information obtained by a | ||||||
4 | licensee from a
client during the term of a brokerage agreement | ||||||
5 | that (i) was made confidential
by the written request or | ||||||
6 | written instruction of the client, (ii) deals with
the | ||||||
7 | negotiating position of the client, or (iii) is information the | ||||||
8 | disclosure
of which could materially harm the negotiating | ||||||
9 | position of the client, unless
at any time:
| ||||||
10 | (1) the client permits the disclosure of information | ||||||
11 | given by that client
by word or conduct;
| ||||||
12 | (2) the disclosure is required by law; or
| ||||||
13 | (3) the information becomes public from a source other | ||||||
14 | than the licensee.
| ||||||
15 | "Confidential information" shall not be considered to | ||||||
16 | include material
information about the physical condition of | ||||||
17 | the property.
| ||||||
18 | "Consumer" means a person or entity seeking or receiving | ||||||
19 | licensed
activities.
| ||||||
20 | "Continuing education school" means any person licensed by | ||||||
21 | the Department as a school
for continuing education in | ||||||
22 | accordance with Section 30-15 of this Act. | ||||||
23 | "Coordinator" means the Coordinator of Real Estate created | ||||||
24 | in Section 25-15 of this Act.
| ||||||
25 | "Credit hour" means 50 minutes of classroom instruction in | ||||||
26 | course work that
meets the requirements set forth in rules |
| |||||||
| |||||||
1 | adopted by the Department.
| ||||||
2 | "Customer" means a consumer who is not being represented by | ||||||
3 | the licensee but
for whom the licensee is performing | ||||||
4 | ministerial acts.
| ||||||
5 | "Department" means the Department of Financial and | ||||||
6 | Professional Regulation. | ||||||
7 | "Designated agency" means a contractual relationship | ||||||
8 | between a sponsoring
broker and a client under Section 15-50 of | ||||||
9 | this Act in which one or more
licensees associated with or | ||||||
10 | employed by the broker are designated as agent of
the client.
| ||||||
11 | "Designated agent" means a sponsored licensee named by a | ||||||
12 | sponsoring broker as
the legal agent of a client, as provided | ||||||
13 | for in Section 15-50 of this Act.
| ||||||
14 | "Dual agency" means an agency relationship in which a | ||||||
15 | licensee is
representing both buyer and seller or both landlord | ||||||
16 | and tenant in the same
transaction. When the agency | ||||||
17 | relationship is a designated agency, the
question of whether | ||||||
18 | there is a dual agency shall be determined by the agency
| ||||||
19 | relationships of the designated agent of the parties and not of | ||||||
20 | the sponsoring
broker.
| ||||||
21 | "Employee" or other derivative of the word "employee", when | ||||||
22 | used to refer to,
describe, or delineate the relationship | ||||||
23 | between a sponsoring broker and a managing broker, broker, or a | ||||||
24 | leasing agent, shall be
construed to include an independent | ||||||
25 | contractor relationship, provided that a
written agreement | ||||||
26 | exists that clearly establishes and states the relationship.
|
| |||||||
| |||||||
1 | All responsibilities of a broker shall remain.
| ||||||
2 | "Escrow moneys" means all moneys, promissory notes or any | ||||||
3 | other type or
manner of legal tender or financial consideration | ||||||
4 | deposited with any person for
the benefit of the parties to the | ||||||
5 | transaction. A transaction exists once an
agreement has been | ||||||
6 | reached and an accepted real estate contract signed or lease
| ||||||
7 | agreed to by the parties. Escrow moneys includes without | ||||||
8 | limitation earnest
moneys and security deposits, except those | ||||||
9 | security deposits in which the
person holding the security | ||||||
10 | deposit is also the sole owner of the property
being leased and | ||||||
11 | for which the security deposit is being held.
| ||||||
12 | "Electronic means of proctoring" means a methodology | ||||||
13 | providing assurance that the person taking a test and | ||||||
14 | completing the answers to questions is the person seeking | ||||||
15 | licensure or credit for continuing education and is doing so | ||||||
16 | without the aid of a third party or other device. | ||||||
17 | "Exclusive brokerage agreement" means a written brokerage | ||||||
18 | agreement that provides that the sponsoring broker has the sole | ||||||
19 | right, through one or more sponsored licensees, to act as the | ||||||
20 | exclusive designated agent or representative of the client and | ||||||
21 | that meets the requirements of Section 15-75 of this Act.
| ||||||
22 | "Inoperative" means a status of licensure where the | ||||||
23 | licensee holds a current
license under this Act, but the | ||||||
24 | licensee is prohibited from engaging in
licensed activities | ||||||
25 | because the licensee is unsponsored or the license of the
| ||||||
26 | sponsoring broker with whom the licensee is associated or by |
| |||||||
| |||||||
1 | whom he or she is
employed is currently expired, revoked, | ||||||
2 | suspended, or otherwise rendered
invalid under this Act.
| ||||||
3 | "Interactive delivery method" means delivery of a course by | ||||||
4 | an instructor through a medium allowing for 2-way communication | ||||||
5 | between the instructor and a student in which either can | ||||||
6 | initiate or respond to questions. | ||||||
7 | "Leads" means the name or names of a potential buyer, | ||||||
8 | seller, lessor, lessee, or client of a licensee. | ||||||
9 | "Leasing Agent" means a person who is employed by a broker | ||||||
10 | to
engage in licensed activities limited to leasing residential | ||||||
11 | real estate who
has obtained a license as provided for in | ||||||
12 | Section 5-5 of this Act.
| ||||||
13 | "License" means the document issued by the Department | ||||||
14 | certifying that the person named
thereon has fulfilled all | ||||||
15 | requirements prerequisite to licensure under this
Act.
| ||||||
16 | "Licensed activities" means those activities listed in the | ||||||
17 | definition of
"broker" under this Section.
| ||||||
18 | "Licensee" means any person, as defined in this Section, | ||||||
19 | who holds a
valid unexpired license as a managing broker, | ||||||
20 | broker, or
leasing agent.
| ||||||
21 | "Listing presentation" means a communication between a | ||||||
22 | managing broker or
broker and a consumer in which the licensee | ||||||
23 | is attempting to secure a
brokerage agreement with the consumer | ||||||
24 | to market the consumer's real estate for
sale or lease.
| ||||||
25 | "Managing broker" means a broker who has supervisory | ||||||
26 | responsibilities for
licensees in one or, in the case of a |
| |||||||
| |||||||
1 | multi-office company, more than one
office and who has been | ||||||
2 | appointed as such by the sponsoring broker.
| ||||||
3 | "Medium of advertising" means any method of communication | ||||||
4 | intended to
influence the general public to use or purchase a | ||||||
5 | particular good or service or
real estate.
| ||||||
6 | "Ministerial acts" means those acts that a licensee may | ||||||
7 | perform for a
consumer that are informative or clerical in | ||||||
8 | nature and do not rise to the
level of active representation on | ||||||
9 | behalf of a consumer. Examples of these acts
include without | ||||||
10 | limitation (i) responding to phone inquiries by consumers as to
| ||||||
11 | the availability and pricing of brokerage services, (ii) | ||||||
12 | responding to phone
inquiries from a consumer concerning the | ||||||
13 | price or location of property, (iii)
attending an open house | ||||||
14 | and responding to questions about the property from a
consumer, | ||||||
15 | (iv) setting an appointment to view property, (v) responding to
| ||||||
16 | questions of consumers walking into a licensee's office | ||||||
17 | concerning brokerage
services offered or particular | ||||||
18 | properties, (vi) accompanying an appraiser,
inspector, | ||||||
19 | contractor, or similar third party on a visit to a property, | ||||||
20 | (vii)
describing a property or the property's condition in | ||||||
21 | response to a consumer's
inquiry, (viii) completing business or | ||||||
22 | factual information for a consumer on an
offer or contract to | ||||||
23 | purchase on behalf of a client, (ix) showing a client
through a | ||||||
24 | property being sold by an owner on his or her own behalf, or | ||||||
25 | (x)
referral to another broker or service provider.
| ||||||
26 | "Office" means a broker's place of business where the |
| |||||||
| |||||||
1 | general
public is invited to transact business and where | ||||||
2 | records may be maintained and
licenses displayed, whether or | ||||||
3 | not it is the broker's principal place of
business.
| ||||||
4 | "Person" means and includes individuals, entities, | ||||||
5 | corporations, limited
liability companies, registered limited | ||||||
6 | liability partnerships, and
partnerships, foreign or domestic, | ||||||
7 | except that when the context otherwise
requires, the term may | ||||||
8 | refer to a single individual or other described entity.
| ||||||
9 | "Personal assistant" means a licensed or unlicensed person | ||||||
10 | who has been hired
for the purpose of aiding or assisting a | ||||||
11 | sponsored licensee in the performance
of the sponsored | ||||||
12 | licensee's job.
| ||||||
13 | "Pocket card" means the card issued by the Department to | ||||||
14 | signify that the person named
on the card is currently licensed | ||||||
15 | under this Act.
| ||||||
16 | "Pre-license school" means a school licensed by the | ||||||
17 | Department offering courses in
subjects related to real estate | ||||||
18 | transactions, including the subjects upon
which an applicant is | ||||||
19 | examined in determining fitness to receive a license.
| ||||||
20 | "Pre-renewal period" means the period between the date of | ||||||
21 | issue of a
currently valid license and the license's expiration | ||||||
22 | date.
| ||||||
23 | "Proctor" means any person, including, but not limited to, | ||||||
24 | an instructor, who has a written agreement to administer | ||||||
25 | examinations fairly and impartially with a licensed | ||||||
26 | pre-license school or a licensed continuing education school. |
| |||||||
| |||||||
1 | "Real estate" means and includes leaseholds as well as any | ||||||
2 | other interest or
estate in land, whether corporeal, | ||||||
3 | incorporeal, freehold, or non-freehold,
including timeshare | ||||||
4 | interests, and whether the real estate is situated in this
| ||||||
5 | State or elsewhere.
| ||||||
6 | "Regular employee" means a person working an average of 20 | ||||||
7 | hours per week for a person or entity who would be considered | ||||||
8 | as an employee under the Internal Revenue Service eleven main | ||||||
9 | tests in three categories being behavioral control, financial | ||||||
10 | control and the type of relationship of the parties, formerly | ||||||
11 | the twenty factor test.
| ||||||
12 | "Secretary" means the Secretary of the Department of | ||||||
13 | Financial and Professional Regulation, or a person authorized | ||||||
14 | by the Secretary to act in the Secretary's stead. | ||||||
15 | "Sponsoring broker" means the broker who has issued a | ||||||
16 | sponsor card to a
licensed managing broker, broker, or a | ||||||
17 | leasing agent.
| ||||||
18 | "Sponsor card" means the temporary permit issued by the | ||||||
19 | sponsoring broker certifying that the managing broker, broker,
| ||||||
20 | or leasing agent named thereon is employed by or associated by | ||||||
21 | written
agreement with the sponsoring broker, as provided for | ||||||
22 | in Section
5-40 of this Act.
| ||||||
23 | (Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15; | ||||||
24 | 99-227, eff. 8-3-15.)
| ||||||
25 | (225 ILCS 454/5-10)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
2 | Sec. 5-10. Requirements for license as leasing agent. | ||||||
3 | (a) Every applicant for licensure as a leasing agent must | ||||||
4 | meet the following qualifications: | ||||||
5 | (1) be at least 18 years of age; | ||||||
6 | (2) be of good moral
character; | ||||||
7 | (3) successfully complete
a 4-year course of study in a | ||||||
8 | high school or secondary school or an
equivalent course of
| ||||||
9 | study approved by the Illinois State Board of Education; | ||||||
10 | (4) personally take and pass a written
examination | ||||||
11 | authorized by the Department sufficient to demonstrate the | ||||||
12 | applicant's
knowledge of the
provisions of this Act | ||||||
13 | relating to leasing agents and the applicant's
competence | ||||||
14 | to engage in the
activities of a licensed leasing agent; | ||||||
15 | (5) provide satisfactory evidence of having completed
| ||||||
16 | 15 hours of
instruction in an approved course of study | ||||||
17 | relating to the leasing of
residential real property. The
| ||||||
18 | course of study shall, among other topics, cover
the | ||||||
19 | provisions of this Act
applicable to leasing agents; fair | ||||||
20 | housing issues relating to residential
leasing; | ||||||
21 | advertising and marketing issues;
leases, applications, | ||||||
22 | and credit reports; owner-tenant relationships and
| ||||||
23 | owner-tenant laws; the handling of funds; and
| ||||||
24 | environmental issues relating
to residential real
| ||||||
25 | property; | ||||||
26 | (6) complete any other requirements as set forth by |
| |||||||
| |||||||
1 | rule; and
| ||||||
2 | (7) present a valid application for issuance of an | ||||||
3 | initial license accompanied by a sponsor card and the fees | ||||||
4 | specified by rule. | ||||||
5 | (b) No applicant shall engage in any of the activities | ||||||
6 | covered by this Act until a valid sponsor card has been issued | ||||||
7 | to such applicant. The sponsor card shall be valid for a | ||||||
8 | maximum period of 45 days after the date of issuance unless | ||||||
9 | extended for good cause as provided by rule. | ||||||
10 | (c) Successfully completed course work, completed pursuant | ||||||
11 | to the
requirements of this
Section, may be applied to the | ||||||
12 | course work requirements to obtain a managing
broker's or
| ||||||
13 | broker's license as provided by rule. The Board Advisory | ||||||
14 | Council may
recommend through the
Board to the Department and | ||||||
15 | the Department may adopt requirements for approved courses, | ||||||
16 | course
content, and the
approval of courses, instructors, and | ||||||
17 | schools, as well as school and instructor
fees. The Department | ||||||
18 | may
establish continuing education requirements for licensed | ||||||
19 | leasing agents , by
rule , with the advice of
the Advisory | ||||||
20 | Council and Board .
| ||||||
21 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
22 | (225 ILCS 454/5-27) | ||||||
23 | (Section scheduled to be repealed on January 1, 2020) | ||||||
24 | Sec. 5-27. Requirements for licensure as a broker. | ||||||
25 | (a) Every applicant for licensure as a broker must meet the |
| |||||||
| |||||||
1 | following qualifications: | ||||||
2 | (1) Be at least 21 years of age. After April 30, 2011, | ||||||
3 | the minimum age of 21 years shall be waived for any person | ||||||
4 | seeking a license as a broker who has attained the age of | ||||||
5 | 18 and can provide evidence of the successful completion of | ||||||
6 | at least 4 semesters of post-secondary school study as a | ||||||
7 | full-time student or the equivalent, with major emphasis on | ||||||
8 | real estate courses, in a school approved by the | ||||||
9 | Department; | ||||||
10 | (2) Be of good moral character; | ||||||
11 | (3) Successfully complete a 4-year course of study in a | ||||||
12 | high school or secondary school approved by the Illinois | ||||||
13 | State Board of Education or an equivalent course of study | ||||||
14 | as determined by an examination conducted by the Illinois | ||||||
15 | State Board of Education which shall be verified under oath | ||||||
16 | by the applicant; | ||||||
17 | (4) (Blank); | ||||||
18 | (5) Provide After April 30, 2011, provide satisfactory | ||||||
19 | evidence of having completed 90 hours of instruction in | ||||||
20 | real estate courses approved by the Department Advisory | ||||||
21 | Council , 15 hours of which must consist of situational and | ||||||
22 | case studies presented in the classroom or by other | ||||||
23 | interactive delivery method between the instructor and the | ||||||
24 | students; | ||||||
25 | (6) Personally take and pass a written examination | ||||||
26 | authorized by the Department; |
| |||||||
| |||||||
1 | (7) Present a valid application for issuance of a | ||||||
2 | license accompanied by a sponsor card and the fees | ||||||
3 | specified by rule. | ||||||
4 | (b) The requirements specified in items (3) and (5) of | ||||||
5 | subsection (a) of this Section do not apply to applicants who | ||||||
6 | are currently admitted to practice law by the Supreme Court of | ||||||
7 | Illinois and are currently in active standing. | ||||||
8 | (c) No applicant shall engage in any of the activities | ||||||
9 | covered by this Act until a valid sponsor card has been issued | ||||||
10 | to such applicant. The sponsor card shall be valid for a | ||||||
11 | maximum period of 45 days after the date of issuance unless | ||||||
12 | extended for good cause as provided by rule. | ||||||
13 | (d) All licenses should be readily available to the public | ||||||
14 | at their place of business.
| ||||||
15 | (e) An individual holding an active license as a managing | ||||||
16 | broker may return the license to the Department along with a | ||||||
17 | form provided by the Department and shall be issued a broker's | ||||||
18 | license in exchange. Any individual obtaining a broker's | ||||||
19 | license under this subsection (e) shall be considered as having | ||||||
20 | obtained a broker's license by education and passing the | ||||||
21 | required test and shall be treated as such in determining | ||||||
22 | compliance with this Act. | ||||||
23 | (Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15; | ||||||
24 | 99-227, eff. 8-3-15.)
| ||||||
25 | (225 ILCS 454/5-50)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
2 | Sec. 5-50. Expiration and renewal of managing broker, | ||||||
3 | broker, or
leasing agent license; sponsoring broker;
register | ||||||
4 | of licensees; pocket card. | ||||||
5 | (a) The expiration date and renewal period for each license | ||||||
6 | issued under
this Act shall be set by
rule. Except as otherwise | ||||||
7 | provided in this Section, the holder of
a
license may renew
the | ||||||
8 | license within 90 days preceding the expiration date thereof by | ||||||
9 | completing the continuing education required by this Act and | ||||||
10 | paying the
fees specified by
rule.
| ||||||
11 | (b) An individual whose first license is that of a broker | ||||||
12 | received after April 30, 2011, must provide evidence of having | ||||||
13 | completed 30 hours of post-license education in courses | ||||||
14 | approved by the Department Advisory Council , 15 hours of which | ||||||
15 | must consist of situational and case studies presented in the | ||||||
16 | classroom or by other interactive delivery method between the | ||||||
17 | instructor and the students, and personally take and pass an | ||||||
18 | examination approved by the Department prior to the first | ||||||
19 | renewal of their broker's license.
| ||||||
20 | (c) Any managing broker, broker, or leasing agent whose | ||||||
21 | license under this Act has expired shall be eligible to renew | ||||||
22 | the license during the 2-year period following the expiration | ||||||
23 | date, provided the managing broker, broker, or leasing agent | ||||||
24 | pays the fees as prescribed by rule and completes continuing | ||||||
25 | education and other requirements provided for by the Act or by | ||||||
26 | rule. Beginning on May 1, 2012, a managing broker licensee, |
| |||||||
| |||||||
1 | broker, or leasing agent whose license has been expired for | ||||||
2 | more than 2 years but less than 5 years may have it restored by | ||||||
3 | (i) applying to the Department, (ii) paying the required fee, | ||||||
4 | (iii) completing the continuing education requirements for the | ||||||
5 | most recent pre-renewal period that ended prior to the date of | ||||||
6 | the application for reinstatement, and (iv) filing acceptable | ||||||
7 | proof of fitness to have his or her license restored, as set by | ||||||
8 | rule. A managing broker, broker, or leasing agent whose license | ||||||
9 | has been expired for more than 5 years shall be required to | ||||||
10 | meet the requirements for a new license.
| ||||||
11 | (d) Notwithstanding any other provisions of this Act to the | ||||||
12 | contrary, any managing broker, broker, or leasing agent whose | ||||||
13 | license expired while he or she was (i) on active duty with the | ||||||
14 | Armed Forces of the United States or called into service or | ||||||
15 | training by the state militia, (ii) engaged in training or | ||||||
16 | education under the supervision of the United States | ||||||
17 | preliminary to induction into military service, or (iii) | ||||||
18 | serving as the Coordinator of Real Estate in the State of | ||||||
19 | Illinois or as an employee of the Department may have his or | ||||||
20 | her license renewed, reinstated or restored without paying any | ||||||
21 | lapsed renewal fees if within 2 years after the termination of | ||||||
22 | the service, training or education by furnishing the Department | ||||||
23 | with satisfactory evidence of service, training, or education | ||||||
24 | and it has been terminated under honorable conditions. | ||||||
25 | (e) The Department shall establish and
maintain a register | ||||||
26 | of all persons currently licensed by the
State and shall issue |
| |||||||
| |||||||
1 | and prescribe a form of pocket card. Upon payment by a licensee | ||||||
2 | of the appropriate fee as prescribed by
rule for engagement in | ||||||
3 | the activity for which the licensee is
qualified and holds a | ||||||
4 | license for the current period, the
Department shall issue a | ||||||
5 | pocket card to the licensee. The
pocket card shall be | ||||||
6 | verification that the required fee for the
current period has | ||||||
7 | been paid and shall indicate that the person named thereon is | ||||||
8 | licensed for the current renewal period as a
managing broker, | ||||||
9 | broker, or leasing agent as the
case may be. The pocket card | ||||||
10 | shall further indicate that the
person named thereon is | ||||||
11 | authorized by the Department to
engage in the licensed activity | ||||||
12 | appropriate for his or her
status (managing broker, broker, or | ||||||
13 | leasing
agent). Each licensee shall carry on his or her person | ||||||
14 | his or
her pocket card or, if such pocket card has not yet been
| ||||||
15 | issued, a properly issued sponsor card when engaging in any
| ||||||
16 | licensed activity and shall display the same on demand. | ||||||
17 | (f) The Department shall provide to the sponsoring broker a | ||||||
18 | notice of renewal for all sponsored licensees by mailing the | ||||||
19 | notice to the sponsoring broker's address of record, or, at the | ||||||
20 | Department's discretion, by an electronic means as provided for | ||||||
21 | by rule. | ||||||
22 | (g) Upon request from the sponsoring broker, the Department | ||||||
23 | shall make available to the sponsoring broker, either by mail | ||||||
24 | or by an electronic means at the discretion of the Department, | ||||||
25 | a listing of licensees under this Act who, according to the | ||||||
26 | records of the Department, are sponsored by that broker. Every |
| |||||||
| |||||||
1 | licensee associated with or employed by a broker whose license | ||||||
2 | is revoked, suspended, terminated, or expired shall be | ||||||
3 | considered as inoperative until such time as the sponsoring | ||||||
4 | broker's license is reinstated or renewed, or the licensee | ||||||
5 | changes employment as set forth in subsection (c) of Section | ||||||
6 | 5-40 of this Act. | ||||||
7 | (Source: P.A. 98-531, eff. 8-23-13; 99-227, eff. 8-3-15.)
| ||||||
8 | (225 ILCS 454/5-70)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
10 | Sec. 5-70. Continuing education requirement; managing | ||||||
11 | broker or broker.
| ||||||
12 | (a) The requirements of this Section apply to all managing | ||||||
13 | brokers and brokers.
| ||||||
14 | (b) Except as otherwise
provided in this Section, each
| ||||||
15 | person who applies for renewal of his or her license as a | ||||||
16 | managing broker or broker must successfully complete 6 hours of | ||||||
17 | real estate continuing education
courses approved by
the | ||||||
18 | Department Advisory Council for each year of the pre-renewal | ||||||
19 | period. In addition, beginning with the pre-renewal period for | ||||||
20 | managing broker licensees that begins after the effective date | ||||||
21 | of this Act, those licensees renewing or obtaining a managing | ||||||
22 | broker's license must successfully complete a 12-hour broker | ||||||
23 | management continuing education course approved by the | ||||||
24 | Department each pre-renewal period. The broker management | ||||||
25 | continuing education course must be completed in the classroom |
| |||||||
| |||||||
1 | or by other interactive delivery method between the instructor | ||||||
2 | and the students. Successful completion of the course shall | ||||||
3 | include achieving a passing score as provided by rule on a test | ||||||
4 | developed and administered in accordance with rules adopted by | ||||||
5 | the Department. No
license may be renewed
except upon the | ||||||
6 | successful completion of the required courses or their
| ||||||
7 | equivalent or upon a waiver
of those requirements for good | ||||||
8 | cause shown as determined by the Secretary
with the
| ||||||
9 | recommendation of the Advisory Council .
The requirements of | ||||||
10 | this Article are applicable to all managing brokers and brokers
| ||||||
11 | except those managing brokers
and brokers who, during the | ||||||
12 | pre-renewal period:
| ||||||
13 | (1) serve in the armed services of the United States;
| ||||||
14 | (2) serve as an elected State or federal official;
| ||||||
15 | (3) serve as a full-time employee of the Department; or
| ||||||
16 | (4) are admitted to practice law pursuant to Illinois | ||||||
17 | Supreme Court rule.
| ||||||
18 | (c) (Blank). | ||||||
19 | (d) A
person receiving an initial license
during the 90 | ||||||
20 | days before the renewal date shall not be
required to complete | ||||||
21 | the continuing
education courses provided for in subsection (b) | ||||||
22 | of this
Section as a condition of initial license renewal.
| ||||||
23 | (e) The continuing education requirement for brokers and | ||||||
24 | managing brokers shall
consist of a core
curriculum and an | ||||||
25 | elective curriculum, to be established by the Department | ||||||
26 | Advisory
Council . In meeting the
continuing education |
| |||||||
| |||||||
1 | requirements of this Act, at least 3 hours per year or
their | ||||||
2 | equivalent, 6 hours for each two-year pre-renewal period, shall
| ||||||
3 | be required to be completed in the core curriculum.
In | ||||||
4 | establishing the core curriculum, the Department Advisory | ||||||
5 | Council shall consider
subjects that will
educate licensees on | ||||||
6 | recent changes in applicable laws and new laws and refresh
the | ||||||
7 | licensee on areas
of the license law and policy that the | ||||||
8 | Department policy that the Advisory Council deems appropriate,
| ||||||
9 | and any other
areas that the Department Advisory Council deems | ||||||
10 | timely and applicable in order to prevent
violations of this | ||||||
11 | Act
and to protect the public.
In establishing the elective | ||||||
12 | curriculum, the Department Advisory Council shall consider
| ||||||
13 | subjects that cover
the various aspects of the practice of real | ||||||
14 | estate that are covered under the
scope of this Act.
However, | ||||||
15 | the elective curriculum shall not include any offerings | ||||||
16 | referred to in
Section 5-85 of this Act.
| ||||||
17 | (f) The subject areas of continuing education courses | ||||||
18 | approved by the Department
Advisory Council may
include without | ||||||
19 | limitation the following:
| ||||||
20 | (1) license law and escrow;
| ||||||
21 | (2) antitrust;
| ||||||
22 | (3) fair housing;
| ||||||
23 | (4) agency;
| ||||||
24 | (5) appraisal;
| ||||||
25 | (6) property management;
| ||||||
26 | (7) residential brokerage;
|
| |||||||
| |||||||
1 | (8) farm property management;
| ||||||
2 | (9) rights and duties of sellers, buyers, and brokers;
| ||||||
3 | (10) commercial brokerage and leasing; and
| ||||||
4 | (11) real estate financing.
| ||||||
5 | (g) In lieu of credit for those courses listed in | ||||||
6 | subsection (f) of this
Section, credit may be
earned for | ||||||
7 | serving as a licensed instructor in an approved course of | ||||||
8 | continuing
education. The
amount of credit earned for teaching | ||||||
9 | a course shall be the amount of continuing
education credit for
| ||||||
10 | which the course is approved for licensees taking the course.
| ||||||
11 | (h) Credit hours may be earned for self-study programs | ||||||
12 | approved by the Department
Advisory Council .
| ||||||
13 | (i) A managing broker or broker may earn credit for a | ||||||
14 | specific continuing
education course only
once during the | ||||||
15 | prerenewal period.
| ||||||
16 | (j) No more than 6 hours of continuing education credit may | ||||||
17 | be taken in one
calendar day.
| ||||||
18 | (k) To promote the offering of a uniform and consistent | ||||||
19 | course content, the Department may provide for the development | ||||||
20 | of a single broker management course to be offered by all | ||||||
21 | continuing education providers who choose to offer the broker | ||||||
22 | management continuing education course. The Department may | ||||||
23 | contract for the development of the 12-hour broker management | ||||||
24 | continuing education course with an outside vendor or | ||||||
25 | consultant and, if the course is developed in this manner, the | ||||||
26 | Department or the outside consultant shall license the use of |
| |||||||
| |||||||
1 | that course to all approved continuing education providers who | ||||||
2 | wish to provide the course.
| ||||||
3 | (l) Except as specifically provided in this Act, continuing | ||||||
4 | education credit hours may not be earned for completion of pre | ||||||
5 | or post-license courses. The approved 30-hour post-license | ||||||
6 | course for broker licensees shall satisfy the continuing | ||||||
7 | education requirement for the pre-renewal period in which the | ||||||
8 | course is taken. The approved 45-hour brokerage administration | ||||||
9 | and management course shall satisfy the 12-hour broker | ||||||
10 | management continuing education requirement for the | ||||||
11 | pre-renewal period in which the course is taken. | ||||||
12 | (Source: P.A. 98-531, eff. 8-23-13; 99-227, eff. 8-3-15; | ||||||
13 | 99-728, eff. 1-1-17 .)
| ||||||
14 | (225 ILCS 454/5-75)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
16 | Sec. 5-75. Out-of-state continuing education credit. If a | ||||||
17 | renewal applicant has earned continuing education hours in | ||||||
18 | another state
or territory for which
he or she is claiming | ||||||
19 | credit toward full compliance in Illinois, the Department | ||||||
20 | Advisory
Council shall review,
approve, or disapprove those | ||||||
21 | hours based upon whether the course is one that
would be | ||||||
22 | approved
under Section 5-70 of this Act, whether the course | ||||||
23 | meets the basic requirements
for
continuing education under
| ||||||
24 | this Act, and any other criteria that is provided by statute or | ||||||
25 | rule.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-245, eff. 12-31-99 .)
| ||||||
2 | (225 ILCS 454/5-85)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
4 | Sec. 5-85. Offerings not meeting continuing education | ||||||
5 | requirements. The following offerings do not meet the | ||||||
6 | continuing education requirements:
| ||||||
7 | (1) Examination preparation offerings, except as | ||||||
8 | provided in Section 5-70
of this Act.
| ||||||
9 | (2) Offerings in mechanical office and business skills | ||||||
10 | such as typing,
speed reading, memory
improvement, | ||||||
11 | advertising, or psychology of sales.
| ||||||
12 | (3) Sales promotion or other meetings held in | ||||||
13 | conjunction with the general
business of the
attendee or | ||||||
14 | his or her employer.
| ||||||
15 | (4) Meetings that are a normal part of in-house staff | ||||||
16 | or employee
training.
| ||||||
17 | The offerings listed in this Section do not limit the | ||||||
18 | Department's Advisory Council's
authority to
disapprove any | ||||||
19 | course
that fails to meet the standards of this Article 5 or | ||||||
20 | rules adopted by the Department.
| ||||||
21 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
22 | (225 ILCS 454/25-10)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
24 | Sec. 25-10. Real Estate Administration and Disciplinary
|
| |||||||
| |||||||
1 | Board;
duties.
There is created the Real Estate Administration | ||||||
2 | and Disciplinary Board.
The Board shall be composed of 14 9 | ||||||
3 | persons appointed by the Governor. Members
shall be
appointed | ||||||
4 | to the Board subject to the following conditions:
| ||||||
5 | (1) All members shall have been residents and citizens | ||||||
6 | of this State for
at least 6 years
prior to the date of | ||||||
7 | appointment.
| ||||||
8 | (2) Eight Six members shall have been actively engaged | ||||||
9 | as managing brokers or
brokers or both for
at least the 10 | ||||||
10 | years prior to the appointment.
| ||||||
11 | (3) Three members of the Board shall be public members | ||||||
12 | who represent
consumer
interests.
| ||||||
13 | (4) One member shall be a representative of a licensed | ||||||
14 | real estate education provider. | ||||||
15 | (5) One member shall be a representative of an Illinois | ||||||
16 | real estate trade organization. | ||||||
17 | (6) One member shall be a representative of an | ||||||
18 | institution of higher education that offers pre-license | ||||||
19 | and continuing education courses. | ||||||
20 | None of these members shall be (i) a person who is licensed | ||||||
21 | under this
Act or a similar Act of another jurisdiction, (ii) | ||||||
22 | the spouse or family member of a licensee, (iii) a person who | ||||||
23 | has an ownership interest in a
real estate brokerage
business, | ||||||
24 | or (iv) a person the Department determines to have any other | ||||||
25 | connection with a real estate brokerage business or a licensee. | ||||||
26 | The members' terms shall be 4 years or until their |
| |||||||
| |||||||
1 | successor is appointed, and the expiration of their terms shall | ||||||
2 | be
staggered. No member shall be reappointed to the Board for a | ||||||
3 | term that would cause his or her cumulative service to the | ||||||
4 | Board to exceed 12 years.
Appointments to fill vacancies shall | ||||||
5 | be for the unexpired portion of the term.
The membership of the | ||||||
6 | Board should reasonably reflect the geographic
distribution of | ||||||
7 | the licensee
population in this State. In making the | ||||||
8 | appointments, the Governor shall give
due consideration
to the | ||||||
9 | recommendations by members and organizations of the | ||||||
10 | profession.
The Governor may terminate the appointment of any | ||||||
11 | member for cause that in the
opinion of the
Governor reasonably | ||||||
12 | justifies the termination. Cause for termination shall
include | ||||||
13 | without limitation
misconduct, incapacity, neglect of duty, or | ||||||
14 | missing 4 board meetings during any
one
calendar year.
Each | ||||||
15 | member of the Board may receive a per diem stipend in an amount | ||||||
16 | to be
determined by the Secretary. Each member shall be paid | ||||||
17 | his or her necessary expenses while
engaged in the
performance | ||||||
18 | of his or her duties. Such compensation and expenses shall be | ||||||
19 | paid
out of the Real Estate
License Administration Fund.
The | ||||||
20 | Secretary shall consider the recommendations of the Board on | ||||||
21 | questions
involving
standards of professional conduct, | ||||||
22 | discipline, and examination of candidates
under this Act. The | ||||||
23 | Secretary may establish temporary or permanent committees of | ||||||
24 | the Board and may consider the recommendations of the Board on | ||||||
25 | questions involving criteria for the licensing and renewal of | ||||||
26 | pre-license schools, pre-license instructors, continuing |
| |||||||
| |||||||
1 | education schools, and continuing education instructors; | ||||||
2 | pre-license school and continuing education curricula; | ||||||
3 | standards of educational criteria; and qualifications for | ||||||
4 | licensure and renewal of professions, schools, courses and | ||||||
5 | instructors. The Department, after notifying and considering | ||||||
6 | the recommendations of the Board, if any,
may issue rules,
| ||||||
7 | consistent with the provisions of this Act, for the | ||||||
8 | administration and
enforcement thereof and may
prescribe forms | ||||||
9 | that shall be used in connection therewith. Eight Five Board | ||||||
10 | members shall constitute a quorum. A quorum is required for all | ||||||
11 | Board decisions. The Department is authorized to adopt any rule | ||||||
12 | that may be necessary for the implementation of this Section.
| ||||||
13 | (Source: P.A. 98-1109, eff. 1-1-15; 99-227, eff. 8-3-15.)
| ||||||
14 | (225 ILCS 454/30-5)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
16 | Sec. 30-5. Licensing of pre-license schools, school | ||||||
17 | branches, and
instructors. | ||||||
18 | (a) No person shall operate a pre-license school or school | ||||||
19 | branch without
possessing a valid
pre-license school or school | ||||||
20 | branch license issued by the Department. No person shall
act as | ||||||
21 | a pre-license instructor at a pre-license school or school | ||||||
22 | branch
without possessing
a valid pre-license
instructor | ||||||
23 | license issued by the Department. Every person who desires to | ||||||
24 | obtain a
pre-license school,
school branch, or pre-license | ||||||
25 | instructor license shall make application to the Department
in |
| |||||||
| |||||||
1 | writing in form
and substance satisfactory to the Department | ||||||
2 | and pay the required fees prescribed by
rule. In addition to | ||||||
3 | any
other information required to be contained in the | ||||||
4 | application, every
application for an original license shall | ||||||
5 | include the applicant's Social Security number, which shall be | ||||||
6 | retained in the agency's records pertaining to the license. As | ||||||
7 | soon as practical, the Department shall assign a customer's | ||||||
8 | identification number to each applicant for a license. | ||||||
9 | Every application for a renewal or restored license shall | ||||||
10 | require the applicant's customer identification number. | ||||||
11 | The Department
shall issue a pre-license school, school | ||||||
12 | branch, or pre-license instructor
license to applicants who | ||||||
13 | meet
qualification criteria established by rule. The | ||||||
14 | Department may refuse to issue, suspend,
revoke, or otherwise | ||||||
15 | discipline a pre-license school, school branch, or
pre-license | ||||||
16 | instructor
license or may withdraw
approval of a course offered | ||||||
17 | by a pre-license school for good cause.
Disciplinary | ||||||
18 | proceedings
shall be conducted by the Board in the same manner | ||||||
19 | as other disciplinary
proceedings under this
Act.
| ||||||
20 | (b) All pre-license instructors must teach at least one | ||||||
21 | course within the
period of licensure or
take an instructor | ||||||
22 | training program approved by the Department in lieu thereof. A
| ||||||
23 | pre-license instructor
may teach at more than one licensed | ||||||
24 | pre-license school.
| ||||||
25 | (c) The term of license for pre-license schools, branches, | ||||||
26 | and instructors
shall be 2 years as
established by rule.
|
| |||||||
| |||||||
1 | (d) The Department or the Advisory Council may, after | ||||||
2 | notice, cause a pre-license
school or instructor to attend an
| ||||||
3 | informal conference before the Board Advisory Council for | ||||||
4 | failure to comply with any
requirement for
licensure or for | ||||||
5 | failure to comply with any provision of this Act or the rules
| ||||||
6 | for the administration
of this Act. The Board Advisory Council | ||||||
7 | shall make a recommendation to the Department Board as
a result | ||||||
8 | of its
findings at the conclusion of any such informal | ||||||
9 | conference.
| ||||||
10 | (e) For purposes of this Section, the term "pre-license" | ||||||
11 | shall also include the 30-hour post-license course required to | ||||||
12 | be taken to retain a broker's license. | ||||||
13 | (Source: P.A. 96-856, eff. 12-31-09; 97-400, eff. 1-1-12.)
| ||||||
14 | (225 ILCS 454/30-15)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
16 | Sec. 30-15. Licensing of continuing education schools; | ||||||
17 | approval of
courses. | ||||||
18 | (a) Only continuing education schools in possession of a | ||||||
19 | valid continuing
education
school license
may provide real | ||||||
20 | estate continuing education courses that will satisfy the
| ||||||
21 | requirements of this
Act. Pre-license schools licensed to offer | ||||||
22 | pre-license education courses for
brokers,
managing brokers, | ||||||
23 | or leasing agents shall qualify for a continuing education | ||||||
24 | school license upon completion
of an application
and the | ||||||
25 | submission of the required fee. Every entity that desires to |
| |||||||
| |||||||
1 | obtain a
continuing education
school license shall make | ||||||
2 | application to the Department in writing in forms prescribed by | ||||||
3 | the Department
and pay
the fee prescribed by rule. In addition | ||||||
4 | to any other information required to
be contained in the
| ||||||
5 | application, every application for an original or renewed | ||||||
6 | license shall include
the applicant's Social
Security number.
| ||||||
7 | (b) The criteria for a continuing education license
shall | ||||||
8 | include the
following:
| ||||||
9 | (1) A sound financial base for establishing, | ||||||
10 | promoting, and delivering the
necessary
courses. Budget | ||||||
11 | planning for the School's courses should be clearly | ||||||
12 | projected.
| ||||||
13 | (2) A sufficient number of qualified, licensed | ||||||
14 | instructors as provided by
rule.
| ||||||
15 | (3) Adequate support personnel to assist with | ||||||
16 | administrative matters and
technical
assistance.
| ||||||
17 | (4) Maintenance and availability of records of | ||||||
18 | participation for
licensees.
| ||||||
19 | (5) The ability to provide each participant who | ||||||
20 | successfully completes an
approved
program with a | ||||||
21 | certificate of completion signed by the administrator of a
| ||||||
22 | licensed continuing
education school on forms provided by | ||||||
23 | the Department.
| ||||||
24 | (6) The continuing education school must have a written | ||||||
25 | policy dealing
with
procedures for the management of | ||||||
26 | grievances and fee refunds.
|
| |||||||
| |||||||
1 | (7) The continuing education school shall maintain | ||||||
2 | lesson plans and
examinations for
each course.
| ||||||
3 | (8) The continuing education school shall require a 70% | ||||||
4 | passing grade for
successful
completion of any continuing | ||||||
5 | education course.
| ||||||
6 | (9) The continuing education school shall identify and | ||||||
7 | use instructors who
will teach
in a planned program. | ||||||
8 | Suggested criteria for instructor selections include:
| ||||||
9 | (A) appropriate credentials;
| ||||||
10 | (B) competence as a teacher;
| ||||||
11 | (C) knowledge of content area; and
| ||||||
12 | (D) qualification by experience.
| ||||||
13 | (10) The continuing education school shall provide a | ||||||
14 | proctor or an electronic means of proctoring for each | ||||||
15 | examination. The continuing education school shall be | ||||||
16 | responsible for the conduct of the proctor. The duties and | ||||||
17 | responsibilities of a proctor shall be established by rule. | ||||||
18 | (11) The continuing education school must provide for | ||||||
19 | closed book examinations for each course unless the | ||||||
20 | Department Advisory Council excuses this requirement based | ||||||
21 | on the complexity of the course material. | ||||||
22 | (c) Advertising and promotion of continuing education | ||||||
23 | activities must be
carried out in
a responsible fashion, | ||||||
24 | clearly showing the educational objectives of the
activity, the | ||||||
25 | nature of the
audience that may benefit from the activity, the | ||||||
26 | cost of the activity to the
participant and the items
covered |
| |||||||
| |||||||
1 | by the cost, the amount of credit that can be earned, and the
| ||||||
2 | credentials of the faculty.
| ||||||
3 | (d) The Department may or upon request of the Advisory | ||||||
4 | Council shall , after notice,
cause a
continuing education | ||||||
5 | school or instructor to attend an informal conference before | ||||||
6 | the Board
Advisory Council for
failure to comply with any | ||||||
7 | requirement for licensure or for failure to comply
with any | ||||||
8 | provision of
this Act or the rules for the administration of | ||||||
9 | this Act. The Board Advisory Council
shall make a
| ||||||
10 | recommendation to the Department Board as a result of its | ||||||
11 | findings at the conclusion of
any such informal
conference.
| ||||||
12 | (e) All continuing education schools shall maintain these | ||||||
13 | minimum criteria
and pay
the required fee in order to retain | ||||||
14 | their continuing education school license.
| ||||||
15 | (f) All continuing education schools shall submit, at the | ||||||
16 | time of initial
application and
with each license renewal, a | ||||||
17 | list of courses with course materials to be
offered by the | ||||||
18 | continuing
education school. The Department, however, shall | ||||||
19 | establish a mechanism whereby
continuing education
schools may | ||||||
20 | apply for and obtain approval for continuing education courses | ||||||
21 | that
are submitted
after the time of initial application or | ||||||
22 | renewal. The Department shall provide to each
continuing | ||||||
23 | education
school a certificate for each approved continuing | ||||||
24 | education course. All
continuing education
courses shall be | ||||||
25 | valid for the period coinciding with the term of license of
the | ||||||
26 | continuing education
school. All continuing education schools |
| |||||||
| |||||||
1 | shall provide a copy of the
certificate of the continuing
| ||||||
2 | education course within the course materials given to each | ||||||
3 | student or shall
display a copy of the
certificate of the | ||||||
4 | continuing education course in a conspicuous place at the
| ||||||
5 | location of the class.
| ||||||
6 | (g) Each continuing education school shall provide to the | ||||||
7 | Department a monthly report
in a
format determined by the | ||||||
8 | Department, with information concerning students who
| ||||||
9 | successfully completed all
approved continuing education | ||||||
10 | courses offered by the continuing education
school for the | ||||||
11 | prior
month.
| ||||||
12 | (h) The Department, upon the recommendation of the Board | ||||||
13 | Advisory Council , may temporarily
suspend a licensed | ||||||
14 | continuing education school's approved courses without
hearing | ||||||
15 | and refuse to
accept successful completion of or participation | ||||||
16 | in any of these continuing
education courses for
continuing | ||||||
17 | education credit from that school upon the failure of that
| ||||||
18 | continuing education school
to comply with the provisions of | ||||||
19 | this Act or the rules for the administration
of this Act, until | ||||||
20 | such
time as the Department receives satisfactory assurance of | ||||||
21 | compliance. The Department shall notify
the continuing
| ||||||
22 | education school of the noncompliance and may initiate | ||||||
23 | disciplinary
proceedings pursuant to
this Act. The Department
| ||||||
24 | may refuse to issue, suspend, revoke, or otherwise discipline | ||||||
25 | the license
of a continuing
education school or may withdraw | ||||||
26 | approval of a continuing education course for
good cause.
|
| |||||||
| |||||||
1 | Failure to comply with the requirements of this Section or any | ||||||
2 | other
requirements
established by rule shall
be deemed to be | ||||||
3 | good cause. Disciplinary proceedings shall be conducted by the
| ||||||
4 | Board in the same
manner as other disciplinary proceedings | ||||||
5 | under this Act.
| ||||||
6 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
7 | (225 ILCS 454/30-20)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
9 | Sec. 30-20. Fees for continuing education school license; | ||||||
10 | renewal; term. All applications for a continuing education | ||||||
11 | school license shall be
accompanied by a
nonrefundable | ||||||
12 | application fee in an amount established by rule.
All
| ||||||
13 | continuing education schools
shall be required to submit a | ||||||
14 | renewal application, the required fee as
established by rule, | ||||||
15 | and a
listing of the courses to be offered during the year to | ||||||
16 | renew their continuing
education school
licenses. The term for | ||||||
17 | a continuing education school license shall be 2 years
and
as | ||||||
18 | established by
rule.
The fees collected under this Article 30 | ||||||
19 | shall be deposited in the Real Estate
License Administration | ||||||
20 | Fund and
shall be used to defray the cost of administration of | ||||||
21 | the program and per diem
of the Board Advisory
Council as | ||||||
22 | determined by the Secretary.
| ||||||
23 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
24 | (225 ILCS 454/30-10 rep.) |
| |||||||
| |||||||
1 | Section 10. The Real Estate License Act of 2000 is amended | ||||||
2 | by repealing Section 30-10.
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
|