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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,
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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, 5-5, 5-10, 5-27, 5-28, 5-50, 5-70, | ||||||||||||||||||||||||
6 | 5-75, 5-80, 20-20, 20-23, 20-60, 20-68, 25-10, 30-5, 30-15, | ||||||||||||||||||||||||
7 | 30-20, and 30-25 and the heading of Article 30 as follows:
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8 | (225 ILCS 454/1-10)
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9 | (Section scheduled to be repealed on January 1, 2020)
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10 | Sec. 1-10. Definitions. In this Act, unless the context | ||||||||||||||||||||||||
11 | otherwise requires:
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12 | "Act" means the Real Estate License Act of 2000.
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13 | "Address of record" means the designated address recorded | ||||||||||||||||||||||||
14 | by the Department in the applicant's or licensee's application | ||||||||||||||||||||||||
15 | file or license file as maintained by the Department's | ||||||||||||||||||||||||
16 | licensure maintenance unit. It is the duty of the applicant or | ||||||||||||||||||||||||
17 | licensee to inform the Department of any change of address, and | ||||||||||||||||||||||||
18 | those changes must be made either through the Department's | ||||||||||||||||||||||||
19 | website or by contacting the Department. | ||||||||||||||||||||||||
20 | "Advisory Council" means the Real Estate Education | ||||||||||||||||||||||||
21 | Advisory Council created
under Section 30-10 of this Act.
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22 | "Agency" means a relationship in which a broker or | ||||||||||||||||||||||||
23 | licensee,
whether directly or through an affiliated licensee, |
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| |||||||
1 | represents a consumer by
the consumer's consent, whether | ||||||
2 | express or implied, in a real property
transaction.
| ||||||
3 | "Applicant" means any person, as defined in this Section, | ||||||
4 | who applies to
the Department for a valid license as a managing | ||||||
5 | broker, broker, or
leasing agent.
| ||||||
6 | "Blind advertisement" means any real estate advertisement | ||||||
7 | that does not
include the sponsoring broker's business name and | ||||||
8 | that is used by any licensee
regarding the sale or lease of | ||||||
9 | real estate, including his or her own, licensed
activities, or | ||||||
10 | the hiring of any licensee under this Act. The broker's
| ||||||
11 | business name in the case of a franchise shall include the | ||||||
12 | franchise
affiliation as well as the name of the individual | ||||||
13 | firm.
| ||||||
14 | "Board" means the Real Estate Administration and | ||||||
15 | Disciplinary Board of the Department as created by Section | ||||||
16 | 25-10 of this Act.
| ||||||
17 | "Branch office" means a sponsoring broker's office other | ||||||
18 | than the sponsoring
broker's principal office.
| ||||||
19 | "Broker" means an individual, partnership, limited | ||||||
20 | liability company,
corporation, or registered limited | ||||||
21 | liability partnership other than a leasing agent who, whether | ||||||
22 | in person or through any media or technology, for another and | ||||||
23 | for compensation, or
with the intention or expectation of | ||||||
24 | receiving compensation, either
directly or indirectly:
| ||||||
25 | (1) Sells, exchanges, purchases, rents, or leases real | ||||||
26 | estate.
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| |||||||
1 | (2) Offers to sell, exchange, purchase, rent, or lease | ||||||
2 | real estate.
| ||||||
3 | (3) Negotiates, offers, attempts, or agrees to | ||||||
4 | negotiate the sale,
exchange, purchase, rental, or leasing | ||||||
5 | of real estate.
| ||||||
6 | (4) Lists, offers, attempts, or agrees to list real | ||||||
7 | estate for sale,
rent, lease, or exchange.
| ||||||
8 | (5) Buys, sells, offers to buy or sell, or otherwise | ||||||
9 | deals in options on
real estate or improvements thereon.
| ||||||
10 | (6) Supervises the collection, offer, attempt, or | ||||||
11 | agreement
to collect rent for the use of real estate.
| ||||||
12 | (7) Advertises or represents himself or herself as | ||||||
13 | being engaged in the
business of buying, selling, | ||||||
14 | exchanging, renting, or leasing real estate.
| ||||||
15 | (8) Assists or directs in procuring or referring of | ||||||
16 | leads or prospects, intended to
result in the sale, | ||||||
17 | exchange, lease, or rental of real estate.
| ||||||
18 | (9) Assists or directs in the negotiation of any | ||||||
19 | transaction intended to
result in the sale, exchange, | ||||||
20 | lease, or rental of real estate.
| ||||||
21 | (10) Opens real estate to the public for marketing | ||||||
22 | purposes.
| ||||||
23 | (11) Sells, rents, leases, or offers for sale or lease | ||||||
24 | real estate at
auction.
| ||||||
25 | (12) Prepares or provides a broker price opinion or | ||||||
26 | comparative market analysis as those terms are defined in |
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| |||||||
1 | this Act, pursuant to the provisions of Section 10-45 of | ||||||
2 | this Act. | ||||||
3 | "Brokerage agreement" means a written or oral agreement | ||||||
4 | between a sponsoring
broker and a consumer for licensed | ||||||
5 | activities to be provided to a consumer in
return for | ||||||
6 | compensation or the right to receive compensation from another.
| ||||||
7 | Brokerage agreements may constitute either a bilateral or a | ||||||
8 | unilateral
agreement between the broker and the broker's client | ||||||
9 | depending upon the content
of the brokerage agreement. All | ||||||
10 | exclusive brokerage agreements shall be in
writing.
| ||||||
11 | "Broker price opinion" means an estimate or analysis of the | ||||||
12 | probable selling price of a particular interest in real estate, | ||||||
13 | which may provide a varying level of detail about the | ||||||
14 | property's condition, market, and neighborhood and information | ||||||
15 | on comparable sales. The activities of a real estate broker or | ||||||
16 | managing broker engaging in the ordinary course of business as | ||||||
17 | a broker, as defined in this Section, shall not be considered a | ||||||
18 | broker price opinion if no compensation is paid to the broker | ||||||
19 | or managing broker, other than compensation based upon the sale | ||||||
20 | or rental of real estate. | ||||||
21 | "Client" means a person who is being represented by a | ||||||
22 | licensee.
| ||||||
23 | "Comparative market analysis" is an analysis or opinion | ||||||
24 | regarding pricing, marketing, or financial aspects relating to | ||||||
25 | a specified interest or interests in real estate that may be | ||||||
26 | based upon an analysis of comparative market data, the |
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1 | expertise of the real estate broker or managing broker, and | ||||||
2 | such other factors as the broker or managing broker may deem | ||||||
3 | appropriate in developing or preparing such analysis or | ||||||
4 | opinion. The activities of a real estate broker or managing | ||||||
5 | broker engaging in the ordinary course of business as a broker, | ||||||
6 | as defined in this Section, shall not be considered a | ||||||
7 | comparative market analysis if no compensation is paid to the | ||||||
8 | broker or managing broker, other than compensation based upon | ||||||
9 | the sale or rental of real estate. | ||||||
10 | "Compensation" means the valuable consideration given by | ||||||
11 | one person or entity
to another person or entity in exchange | ||||||
12 | for the performance of some activity or
service. Compensation | ||||||
13 | shall include the transfer of valuable consideration,
| ||||||
14 | including without limitation the following:
| ||||||
15 | (1) commissions;
| ||||||
16 | (2) referral fees;
| ||||||
17 | (3) bonuses;
| ||||||
18 | (4) prizes;
| ||||||
19 | (5) merchandise;
| ||||||
20 | (6) finder fees;
| ||||||
21 | (7) performance of services;
| ||||||
22 | (8) coupons or gift certificates;
| ||||||
23 | (9) discounts;
| ||||||
24 | (10) rebates;
| ||||||
25 | (11) a chance to win a raffle, drawing, lottery, or | ||||||
26 | similar game of chance
not prohibited by any other law or |
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| |||||||
1 | statute;
| ||||||
2 | (12) retainer fee; or
| ||||||
3 | (13) salary.
| ||||||
4 | "Confidential information" means information obtained by a | ||||||
5 | licensee from a
client during the term of a brokerage agreement | ||||||
6 | that (i) was made confidential
by the written request or | ||||||
7 | written instruction of the client, (ii) deals with
the | ||||||
8 | negotiating position of the client, or (iii) is information the | ||||||
9 | disclosure
of which could materially harm the negotiating | ||||||
10 | position of the client, unless
at any time:
| ||||||
11 | (1) the client permits the disclosure of information | ||||||
12 | given by that client
by word or conduct;
| ||||||
13 | (2) the disclosure is required by law; or
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14 | (3) the information becomes public from a source other | ||||||
15 | than the licensee.
| ||||||
16 | "Confidential information" shall not be considered to | ||||||
17 | include material
information about the physical condition of | ||||||
18 | the property.
| ||||||
19 | "Consumer" means a person or entity seeking or receiving | ||||||
20 | licensed
activities.
| ||||||
21 | "Continuing education school" means any person licensed by | ||||||
22 | the Department as a school
for continuing education in | ||||||
23 | accordance with Section 30-15 of this Act. | ||||||
24 | "Coordinator" means the Coordinator of Real Estate created | ||||||
25 | in Section 25-15 of this Act.
| ||||||
26 | "Credit hour" means 50 minutes of classroom instruction in |
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| |||||||
1 | course work that
meets the requirements set forth in rules | ||||||
2 | adopted by the Department.
| ||||||
3 | "Customer" means a consumer who is not being represented by | ||||||
4 | the licensee but
for whom the licensee is performing | ||||||
5 | ministerial acts.
| ||||||
6 | "Department" means the Department of Financial and | ||||||
7 | Professional Regulation. | ||||||
8 | "Designated agency" means a contractual relationship | ||||||
9 | between a sponsoring
broker and a client under Section 15-50 of | ||||||
10 | this Act in which one or more
licensees associated with or | ||||||
11 | employed by the broker are designated as agent of
the client.
| ||||||
12 | "Designated agent" means a sponsored licensee named by a | ||||||
13 | sponsoring broker as
the legal agent of a client, as provided | ||||||
14 | for in Section 15-50 of this Act.
| ||||||
15 | "Dual agency" means an agency relationship in which a | ||||||
16 | licensee is
representing both buyer and seller or both landlord | ||||||
17 | and tenant in the same
transaction. When the agency | ||||||
18 | relationship is a designated agency, the
question of whether | ||||||
19 | there is a dual agency shall be determined by the agency
| ||||||
20 | relationships of the designated agent of the parties and not of | ||||||
21 | the sponsoring
broker.
| ||||||
22 | "Education provider" means a school licensed by the | ||||||
23 | Department offering courses in pre-license, post-license, and | ||||||
24 | continuing education required by this Act. | ||||||
25 | "Employee" or other derivative of the word "employee", when | ||||||
26 | used to refer to,
describe, or delineate the relationship |
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| |||||||
1 | between a sponsoring broker and a managing broker, broker, or a | ||||||
2 | leasing agent, shall be
construed to include an independent | ||||||
3 | contractor relationship, provided that a
written agreement | ||||||
4 | exists that clearly establishes and states the relationship.
| ||||||
5 | All responsibilities of a broker shall remain.
| ||||||
6 | "Escrow moneys" means all moneys, promissory notes or any | ||||||
7 | other type or
manner of legal tender or financial consideration | ||||||
8 | deposited with any person for
the benefit of the parties to the | ||||||
9 | transaction. A transaction exists once an
agreement has been | ||||||
10 | reached and an accepted real estate contract signed or lease
| ||||||
11 | agreed to by the parties. Escrow moneys includes without | ||||||
12 | limitation earnest
moneys and security deposits, except those | ||||||
13 | security deposits in which the
person holding the security | ||||||
14 | deposit is also the sole owner of the property
being leased and | ||||||
15 | for which the security deposit is being held.
| ||||||
16 | "Electronic means of proctoring" means a methodology | ||||||
17 | providing assurance that the person taking a test and | ||||||
18 | completing the answers to questions is the person seeking | ||||||
19 | licensure or credit for continuing education and is doing so | ||||||
20 | without the aid of a third party or other device. | ||||||
21 | "Exclusive brokerage agreement" means a written brokerage | ||||||
22 | agreement that provides that the sponsoring broker has the sole | ||||||
23 | right, through one or more sponsored licensees, to act as the | ||||||
24 | exclusive designated agent or representative of the client and | ||||||
25 | that meets the requirements of Section 15-75 of this Act.
| ||||||
26 | "Inoperative" means a status of licensure where the |
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| |||||||
1 | licensee holds a current
license under this Act, but the | ||||||
2 | licensee is prohibited from engaging in
licensed activities | ||||||
3 | because the licensee is unsponsored or the license of the
| ||||||
4 | sponsoring broker with whom the licensee is associated or by | ||||||
5 | whom he or she is
employed is currently expired, revoked, | ||||||
6 | suspended, or otherwise rendered
invalid under this Act.
| ||||||
7 | "Interactive delivery method" means delivery of a course by | ||||||
8 | an instructor through a medium allowing for 2-way communication | ||||||
9 | between the instructor and a student in which either can | ||||||
10 | initiate or respond to questions. | ||||||
11 | "Leads" means the name or names of a potential buyer, | ||||||
12 | seller, lessor, lessee, or client of a licensee. | ||||||
13 | "Leasing Agent" means a person who is employed by a broker | ||||||
14 | to
engage in licensed activities limited to leasing residential | ||||||
15 | real estate who
has obtained a license as provided for in | ||||||
16 | Section 5-5 of this Act.
| ||||||
17 | "License" means the document issued by the Department | ||||||
18 | certifying that the person named
thereon has fulfilled all | ||||||
19 | requirements prerequisite to licensure under this
Act.
| ||||||
20 | "Licensed activities" means those activities listed in the | ||||||
21 | definition of
"broker" under this Section.
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22 | "Licensee" means any person, as defined in this Section, | ||||||
23 | who holds a
valid unexpired license as a managing broker, | ||||||
24 | broker, or
leasing agent.
| ||||||
25 | "Listing presentation" means a communication between a | ||||||
26 | managing broker or
broker and a consumer in which the licensee |
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1 | is attempting to secure a
brokerage agreement with the consumer | ||||||
2 | to market the consumer's real estate for
sale or lease.
| ||||||
3 | "Managing broker" means a broker who has supervisory | ||||||
4 | responsibilities for
licensees in one or, in the case of a | ||||||
5 | multi-office company, more than one
office and who has been | ||||||
6 | appointed as such by the sponsoring broker.
| ||||||
7 | "Medium of advertising" means any method of communication | ||||||
8 | intended to
influence the general public to use or purchase a | ||||||
9 | particular good or service or
real estate.
| ||||||
10 | "Ministerial acts" means those acts that a licensee may | ||||||
11 | perform for a
consumer that are informative or clerical in | ||||||
12 | nature and do not rise to the
level of active representation on | ||||||
13 | behalf of a consumer. Examples of these acts
include without | ||||||
14 | limitation (i) responding to phone inquiries by consumers as to
| ||||||
15 | the availability and pricing of brokerage services, (ii) | ||||||
16 | responding to phone
inquiries from a consumer concerning the | ||||||
17 | price or location of property, (iii)
attending an open house | ||||||
18 | and responding to questions about the property from a
consumer, | ||||||
19 | (iv) setting an appointment to view property, (v) responding to
| ||||||
20 | questions of consumers walking into a licensee's office | ||||||
21 | concerning brokerage
services offered or particular | ||||||
22 | properties, (vi) accompanying an appraiser,
inspector, | ||||||
23 | contractor, or similar third party on a visit to a property, | ||||||
24 | (vii)
describing a property or the property's condition in | ||||||
25 | response to a consumer's
inquiry, (viii) completing business or | ||||||
26 | factual information for a consumer on an
offer or contract to |
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1 | purchase on behalf of a client, (ix) showing a client
through a | ||||||
2 | property being sold by an owner on his or her own behalf, or | ||||||
3 | (x)
referral to another broker or service provider.
| ||||||
4 | "Office" means a broker's place of business where the | ||||||
5 | general
public is invited to transact business and where | ||||||
6 | records may be maintained and
licenses displayed, whether or | ||||||
7 | not it is the broker's principal place of
business.
| ||||||
8 | "Person" means and includes individuals, entities, | ||||||
9 | corporations, limited
liability companies, registered limited | ||||||
10 | liability partnerships, and
partnerships, foreign or domestic, | ||||||
11 | except that when the context otherwise
requires, the term may | ||||||
12 | refer to a single individual or other described entity.
| ||||||
13 | "Personal assistant" means a licensed or unlicensed person | ||||||
14 | who has been hired
for the purpose of aiding or assisting a | ||||||
15 | sponsored licensee in the performance
of the sponsored | ||||||
16 | licensee's job.
| ||||||
17 | "Pocket card" means the card issued by the Department to | ||||||
18 | signify that the person named
on the card is currently licensed | ||||||
19 | under this Act.
| ||||||
20 | "Pre-license school" means a school licensed by the | ||||||
21 | Department offering courses in
subjects related to real estate | ||||||
22 | transactions, including the subjects upon
which an applicant is | ||||||
23 | examined in determining fitness to receive a license.
| ||||||
24 | "Pre-renewal period" means the period between the date of | ||||||
25 | issue of a
currently valid license and the license's expiration | ||||||
26 | date.
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1 | "Proctor" means any person, including, but not limited to, | ||||||
2 | an instructor, who has a written agreement to administer | ||||||
3 | examinations fairly and impartially with a licensed | ||||||
4 | pre-license school or a licensed continuing education provider | ||||||
5 | school . | ||||||
6 | "Real estate" means and includes leaseholds as well as any | ||||||
7 | other interest or
estate in land, whether corporeal, | ||||||
8 | incorporeal, freehold, or non-freehold,
including timeshare | ||||||
9 | interests, and whether the real estate is situated in this
| ||||||
10 | State or elsewhere.
| ||||||
11 | "Regular employee" means a person working an average of 20 | ||||||
12 | hours per week for a person or entity who would be considered | ||||||
13 | as an employee under the Internal Revenue Service eleven main | ||||||
14 | tests in three categories being behavioral control, financial | ||||||
15 | control and the type of relationship of the parties, formerly | ||||||
16 | the twenty factor test.
| ||||||
17 | "Secretary" means the Secretary of the Department of | ||||||
18 | Financial and Professional Regulation, or a person authorized | ||||||
19 | by the Secretary to act in the Secretary's stead. | ||||||
20 | "Sponsoring broker" means the broker who has issued a | ||||||
21 | sponsor card to a
licensed managing broker, broker, or a | ||||||
22 | leasing agent.
| ||||||
23 | "Sponsor card" means the temporary permit issued by the | ||||||
24 | sponsoring broker certifying that the managing broker, broker,
| ||||||
25 | or leasing agent named thereon is employed by or associated by | ||||||
26 | written
agreement with the sponsoring broker, as provided for |
| |||||||
| |||||||
1 | in Section
5-40 of this Act.
| ||||||
2 | (Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15; | ||||||
3 | 99-227, eff. 8-3-15.)
| ||||||
4 | (225 ILCS 454/5-5)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
6 | Sec. 5-5. Leasing agent license.
| ||||||
7 | (a) The purpose of this Section is to provide for a limited | ||||||
8 | scope license to
enable persons who
wish to engage in | ||||||
9 | activities limited to the leasing of residential real
property | ||||||
10 | for which a license is
required under this Act, and only those | ||||||
11 | activities, to do so by obtaining the
license provided for
| ||||||
12 | under this Section.
| ||||||
13 | (b) Notwithstanding the other provisions of this Act, there | ||||||
14 | is hereby
created a leasing agent
license that shall enable the | ||||||
15 | licensee to engage only in residential leasing
activities for | ||||||
16 | which a
license is required under this Act. Such activities | ||||||
17 | include without
limitation leasing or renting
residential real | ||||||
18 | property, or attempting, offering, or negotiating to lease or
| ||||||
19 | rent residential real property, or
supervising the collection, | ||||||
20 | offer, attempt, or agreement to collect rent for
the use of
| ||||||
21 | residential real
property. Nothing in this
Section shall be | ||||||
22 | construed to require a licensed managing broker or
broker to | ||||||
23 | obtain a leasing
agent license in order to perform leasing | ||||||
24 | activities for which a license is
required under this Act . | ||||||
25 | Licensed leasing agents, including those operating under |
| |||||||
| |||||||
1 | subsection (d), shall not be allowed to engage in any activity | ||||||
2 | that requires a broker's or managing broker's license, | ||||||
3 | including, but not limited to, selling, offering, negotiating | ||||||
4 | for sale, listing or showing for sale, or referring for sale or | ||||||
5 | commercial lease real estate .
Licensed leasing agents must be | ||||||
6 | sponsored and employed by a sponsoring broker.
| ||||||
7 | (c) The Department, by rule and in accordance with this | ||||||
8 | Act, shall provide for the
licensing of leasing
agents, | ||||||
9 | including the issuance, renewal, and administration of | ||||||
10 | licenses.
| ||||||
11 | (d) Notwithstanding any other provisions of this Act to the | ||||||
12 | contrary, a
person may engage in
residential leasing activities | ||||||
13 | for which a license is required under this Act,
for a period of | ||||||
14 | 90 120
consecutive days without being licensed, so long as the | ||||||
15 | person is acting under
the supervision of a
sponsoring broker , | ||||||
16 | and the sponsoring broker has notified the Department that the | ||||||
17 | person is
pursuing licensure
under this Section , and the person | ||||||
18 | has enrolled in the leasing agent pre-license education course | ||||||
19 | no later than 60 days after beginning to engage in residential | ||||||
20 | leasing activities . During the 90-day 120 day period all | ||||||
21 | requirements of Sections
5-10
and 5-65 of this Act
with respect | ||||||
22 | to education, successful completion of an examination, and the
| ||||||
23 | payment of all required
fees must be satisfied. No individual | ||||||
24 | shall be allowed to operate under the terms of this Section | ||||||
25 | more than a single time in that individual's lifetime. The | ||||||
26 | Department may adopt rules to ensure that the provisions of
|
| |||||||
| |||||||
1 | this subsection are
not used in a manner that enables an | ||||||
2 | unlicensed person to repeatedly or
continually engage in
| ||||||
3 | activities for which a license is required under this Act.
| ||||||
4 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
5 | (225 ILCS 454/5-10)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
7 | Sec. 5-10. Requirements for license as leasing agent ; | ||||||
8 | continuing education . | ||||||
9 | (a) Every applicant for licensure as a leasing agent must | ||||||
10 | meet the following qualifications: | ||||||
11 | (1) be at least 18 years of age; | ||||||
12 | (2) be of good moral
character; | ||||||
13 | (3) successfully complete
a 4-year course of study in a | ||||||
14 | high school or secondary school or an
equivalent course of
| ||||||
15 | study approved by the Illinois State Board of Education; | ||||||
16 | (4) personally take and pass a written
examination | ||||||
17 | authorized by the Department sufficient to demonstrate the | ||||||
18 | applicant's
knowledge of the
provisions of this Act | ||||||
19 | relating to leasing agents and the applicant's
competence | ||||||
20 | to engage in the
activities of a licensed leasing agent; | ||||||
21 | (5) provide satisfactory evidence of having completed | ||||||
22 | 20
15 hours of
instruction in an approved course of study | ||||||
23 | relating to the leasing of residential real property. The | ||||||
24 | Board shall determine the number of hours each topic of | ||||||
25 | study shall require. The
course of study shall cover , among |
| |||||||
| |||||||
1 | other topics, cover
the provisions of this Act
applicable | ||||||
2 | to leasing agents; fair housing issues relating to | ||||||
3 | residential
leasing; advertising and marketing issues;
| ||||||
4 | leases, applications, and credit reports; owner-tenant | ||||||
5 | relationships and
owner-tenant laws; the handling of | ||||||
6 | funds; and
environmental issues relating
to residential | ||||||
7 | real
property; | ||||||
8 | (6) complete any other requirements as set forth by | ||||||
9 | rule; and
| ||||||
10 | (7) present a valid application for issuance of an | ||||||
11 | initial license accompanied by a sponsor card and the fees | ||||||
12 | specified by rule. | ||||||
13 | (b) No applicant shall engage in any of the activities | ||||||
14 | covered by this Act until a valid sponsor card has been issued | ||||||
15 | to such applicant. The sponsor card shall be valid for a | ||||||
16 | maximum period of 45 days after the date of issuance unless | ||||||
17 | extended for good cause as provided by rule. | ||||||
18 | (c) Successfully completed course work, completed pursuant | ||||||
19 | to the
requirements of this
Section, may be applied to the | ||||||
20 | course work requirements to obtain a managing
broker's or
| ||||||
21 | broker's license as provided by rule. The Board Advisory | ||||||
22 | Council may
recommend through the
Board to the Department and | ||||||
23 | the Department may adopt requirements for approved courses, | ||||||
24 | course
content, and the
approval of courses, instructors, and | ||||||
25 | education providers schools , as well as education provider | ||||||
26 | school and instructor
fees. The Department may
establish |
| |||||||
| |||||||
1 | continuing education requirements for licensed leasing agents, | ||||||
2 | by
rule, with the advice of
the Advisory Council and Board.
| ||||||
3 | (d) The continuing education requirement for leasing | ||||||
4 | agents shall consist of a single core curriculum to be | ||||||
5 | established by the Board. Leasing agents shall be required to | ||||||
6 | complete no less than 6 hours of continuing education for each | ||||||
7 | 2-year renewal period. Continuing education courses shall be 2 | ||||||
8 | hours in duration. | ||||||
9 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
10 | (225 ILCS 454/5-27) | ||||||
11 | (Section scheduled to be repealed on January 1, 2020) | ||||||
12 | Sec. 5-27. Requirements for licensure as a broker. | ||||||
13 | (a) Every applicant for licensure as a broker must meet the | ||||||
14 | following qualifications: | ||||||
15 | (1) Be at least 21 years of age. After April 30, 2011, | ||||||
16 | the minimum age of 21 years shall be waived for any person | ||||||
17 | seeking a license as a broker who has attained the age of | ||||||
18 | 18 and can provide evidence of the successful completion of | ||||||
19 | at least 4 semesters of post-secondary school study as a | ||||||
20 | full-time student or the equivalent, with major emphasis on | ||||||
21 | real estate courses, in a school approved by the | ||||||
22 | Department; | ||||||
23 | (2) Be of good moral character; | ||||||
24 | (3) Successfully complete a 4-year course of study in a | ||||||
25 | high school or secondary school approved by the Illinois |
| |||||||
| |||||||
1 | State Board of Education or an equivalent course of study | ||||||
2 | as determined by an examination conducted by the Illinois | ||||||
3 | State Board of Education which shall be verified under oath | ||||||
4 | by the applicant; | ||||||
5 | (4) (Blank); | ||||||
6 | (5) After April 30, 2011, provide satisfactory | ||||||
7 | evidence of having completed 90 hours of instruction in | ||||||
8 | real estate courses approved by the Board Advisory Council , | ||||||
9 | 15 hours of which must consist of situational and case | ||||||
10 | studies presented in the classroom or by live, other | ||||||
11 | interactive webinar or online distance education courses | ||||||
12 | delivery method between the instructor and the students ; | ||||||
13 | (6) Personally take and pass a written examination | ||||||
14 | authorized by the Department; | ||||||
15 | (7) Present a valid application for issuance of a | ||||||
16 | license accompanied by a sponsor card and the fees | ||||||
17 | specified by rule. | ||||||
18 | (b) The requirements specified in items (3) and (5) of | ||||||
19 | subsection (a) of this Section do not apply to applicants who | ||||||
20 | are currently admitted to practice law by the Supreme Court of | ||||||
21 | Illinois and are currently in active standing. | ||||||
22 | (c) No applicant shall engage in any of the activities | ||||||
23 | covered by this Act until a valid sponsor card has been issued | ||||||
24 | to such applicant. The sponsor card shall be valid for a | ||||||
25 | maximum period of 45 days after the date of issuance unless | ||||||
26 | extended for good cause as provided by rule. |
| |||||||
| |||||||
1 | (d) All licenses should be readily available to the public | ||||||
2 | at their place of business.
| ||||||
3 | (e) An individual holding an active license as a managing | ||||||
4 | broker may return the license to the Department along with a | ||||||
5 | form provided by the Department and shall be issued a broker's | ||||||
6 | license in exchange. Any individual obtaining a broker's | ||||||
7 | license under this subsection (e) shall be considered as having | ||||||
8 | obtained a broker's license by education and passing the | ||||||
9 | required test and shall be treated as such in determining | ||||||
10 | compliance with this Act. | ||||||
11 | (Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15; | ||||||
12 | 99-227, eff. 8-3-15.) | ||||||
13 | (225 ILCS 454/5-28) | ||||||
14 | (Section scheduled to be repealed on January 1, 2020) | ||||||
15 | Sec. 5-28. Requirements for licensure as a managing broker. | ||||||
16 | (a) Effective May 1, 2012, every applicant for licensure as | ||||||
17 | a managing broker must meet the following qualifications: | ||||||
18 | (1) be at least 21 years of age; | ||||||
19 | (2) be of good moral character; | ||||||
20 | (3) have been licensed at least 2 out of the preceding | ||||||
21 | 3 years as a broker; | ||||||
22 | (4) successfully complete a 4-year course of study in | ||||||
23 | high school or secondary school approved by the Illinois | ||||||
24 | State Board of Education or an equivalent course of study | ||||||
25 | as determined by an examination conducted by the Illinois |
| |||||||
| |||||||
1 | State Board of Education, which shall be verified under | ||||||
2 | oath by the applicant; | ||||||
3 | (5) provide satisfactory evidence of having completed | ||||||
4 | at least 165 hours, 120 of which shall be those hours | ||||||
5 | required pre and post-licensure to obtain a broker's | ||||||
6 | license, and 45 additional hours completed within the year | ||||||
7 | immediately preceding the filing of an application for a | ||||||
8 | managing broker's license, which hours shall focus on | ||||||
9 | brokerage administration and management and leasing agent | ||||||
10 | management and include at least 15 hours in the classroom | ||||||
11 | or by live, other interactive webinar or online distance | ||||||
12 | education courses delivery method between the instructor | ||||||
13 | and the students ; | ||||||
14 | (6) personally take and pass a written examination | ||||||
15 | authorized by the Department; and | ||||||
16 | (7) present a valid application for issuance of a | ||||||
17 | license accompanied by a sponsor card, an appointment as a | ||||||
18 | managing broker, and the fees specified by rule. | ||||||
19 | (b) The requirements specified in item (5) of subsection | ||||||
20 | (a) of this Section do not apply to applicants who are | ||||||
21 | currently admitted to practice law by the Supreme Court of | ||||||
22 | Illinois and are currently in active standing. | ||||||
23 | (c) No applicant shall act as a managing broker for more | ||||||
24 | than 90 days after an appointment as a managing broker has been | ||||||
25 | filed with the Department without obtaining a managing broker's | ||||||
26 | license.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-531, eff. 8-23-13; 99-227, eff. 8-3-15.)
| ||||||
2 | (225 ILCS 454/5-50)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
4 | Sec. 5-50. Expiration and renewal of managing broker, | ||||||
5 | broker, or
leasing agent license; sponsoring broker;
register | ||||||
6 | of licensees; pocket card. | ||||||
7 | (a) The expiration date and renewal period for each license | ||||||
8 | issued under
this Act shall be set by
rule. Except as otherwise | ||||||
9 | provided in this Section, the holder of
a
license may renew
the | ||||||
10 | license within 90 days preceding the expiration date thereof by | ||||||
11 | completing the continuing education required by this Act and | ||||||
12 | paying the
fees specified by
rule.
| ||||||
13 | (b) An individual whose first license is that of a broker | ||||||
14 | received on or after the effective date of this amendatory Act | ||||||
15 | of the 100th General Assembly April 30, 2011 , must provide | ||||||
16 | evidence of having completed 30 hours of post-license education | ||||||
17 | in courses approved by the Board Advisory Council , 15 hours of | ||||||
18 | which must consist of situational and case studies presented in | ||||||
19 | a the classroom or a live interactive webinar, online distance | ||||||
20 | education course, or home study course. Credit for courses | ||||||
21 | taken through an online distance education course or a home | ||||||
22 | study course shall require passage of or by other interactive | ||||||
23 | delivery method between the instructor and the students, and | ||||||
24 | personally take and pass an examination approved by the | ||||||
25 | Department prior to the first renewal of their broker's |
| |||||||
| |||||||
1 | license.
| ||||||
2 | (c) Any managing broker, broker, or leasing agent whose | ||||||
3 | license under this Act has expired shall be eligible to renew | ||||||
4 | the license during the 2-year period following the expiration | ||||||
5 | date, provided the managing broker, broker, or leasing agent | ||||||
6 | pays the fees as prescribed by rule and completes continuing | ||||||
7 | education and other requirements provided for by the Act or by | ||||||
8 | rule. Beginning on May 1, 2012, a managing broker licensee, | ||||||
9 | broker, or leasing agent whose license has been expired for | ||||||
10 | more than 2 years but less than 5 years may have it restored by | ||||||
11 | (i) applying to the Department, (ii) paying the required fee, | ||||||
12 | (iii) completing the continuing education requirements for the | ||||||
13 | most recent pre-renewal period that ended prior to the date of | ||||||
14 | the application for reinstatement, and (iv) filing acceptable | ||||||
15 | proof of fitness to have his or her license restored, as set by | ||||||
16 | rule. A managing broker, broker, or leasing agent whose license | ||||||
17 | has been expired for more than 5 years shall be required to | ||||||
18 | meet the requirements for a new license.
| ||||||
19 | (d) Notwithstanding any other provisions of this Act to the | ||||||
20 | contrary, any managing broker, broker, or leasing agent whose | ||||||
21 | license expired while he or she was (i) on active duty with the | ||||||
22 | Armed Forces of the United States or called into service or | ||||||
23 | training by the state militia, (ii) engaged in training or | ||||||
24 | education under the supervision of the United States | ||||||
25 | preliminary to induction into military service, or (iii) | ||||||
26 | serving as the Coordinator of Real Estate in the State of |
| |||||||
| |||||||
1 | Illinois or as an employee of the Department may have his or | ||||||
2 | her license renewed, reinstated or restored without paying any | ||||||
3 | lapsed renewal fees if within 2 years after the termination of | ||||||
4 | the service, training or education by furnishing the Department | ||||||
5 | with satisfactory evidence of service, training, or education | ||||||
6 | and it has been terminated under honorable conditions. | ||||||
7 | (e) The Department shall establish and
maintain a register | ||||||
8 | of all persons currently licensed by the
State and shall issue | ||||||
9 | and prescribe a form of pocket card. Upon payment by a licensee | ||||||
10 | of the appropriate fee as prescribed by
rule for engagement in | ||||||
11 | the activity for which the licensee is
qualified and holds a | ||||||
12 | license for the current period, the
Department shall issue a | ||||||
13 | pocket card to the licensee. The
pocket card shall be | ||||||
14 | verification that the required fee for the
current period has | ||||||
15 | been paid and shall indicate that the person named thereon is | ||||||
16 | licensed for the current renewal period as a
managing broker, | ||||||
17 | broker, or leasing agent as the
case may be. The pocket card | ||||||
18 | shall further indicate that the
person named thereon is | ||||||
19 | authorized by the Department to
engage in the licensed activity | ||||||
20 | appropriate for his or her
status (managing broker, broker, or | ||||||
21 | leasing
agent). Each licensee shall carry on his or her person | ||||||
22 | his or
her pocket card or, if such pocket card has not yet been
| ||||||
23 | issued, a properly issued sponsor card when engaging in any
| ||||||
24 | licensed activity and shall display the same on demand. | ||||||
25 | (f) The Department shall provide to the sponsoring broker a | ||||||
26 | notice of renewal for all sponsored licensees by mailing the |
| |||||||
| |||||||
1 | notice to the sponsoring broker's address of record, or, at the | ||||||
2 | Department's discretion, by an electronic means as provided for | ||||||
3 | by rule. | ||||||
4 | (g) Upon request from the sponsoring broker, the Department | ||||||
5 | shall make available to the sponsoring broker, either by mail | ||||||
6 | or by an electronic means at the discretion of the Department, | ||||||
7 | a listing of licensees under this Act who, according to the | ||||||
8 | records of the Department, are sponsored by that broker. Every | ||||||
9 | licensee associated with or employed by a broker whose license | ||||||
10 | is revoked, suspended, terminated, or expired shall be | ||||||
11 | considered as inoperative until such time as the sponsoring | ||||||
12 | broker's license is reinstated or renewed, or the licensee | ||||||
13 | changes employment as set forth in subsection (c) of Section | ||||||
14 | 5-40 of this Act. | ||||||
15 | (Source: P.A. 98-531, eff. 8-23-13; 99-227, eff. 8-3-15.)
| ||||||
16 | (225 ILCS 454/5-70)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
18 | Sec. 5-70. Continuing education requirement; managing | ||||||
19 | broker or broker.
| ||||||
20 | (a) The requirements of this Section apply to all managing | ||||||
21 | brokers and brokers.
| ||||||
22 | (b) Except as otherwise
provided in this Section, each
| ||||||
23 | person who applies for renewal of his or her license as a | ||||||
24 | managing broker or broker must successfully complete 6 hours of | ||||||
25 | real estate continuing education
courses approved by
the Board |
| |||||||
| |||||||
1 | Advisory Council for each year of the pre-renewal period. In | ||||||
2 | addition, beginning with the pre-renewal period for managing | ||||||
3 | broker licensees that begins after the effective date of this | ||||||
4 | Act, those licensees renewing or obtaining a managing broker's | ||||||
5 | license must successfully complete a 12-hour broker management | ||||||
6 | continuing education course approved by the Department each | ||||||
7 | pre-renewal period. The broker management continuing education | ||||||
8 | course must be completed in the classroom or by other | ||||||
9 | interactive delivery method between the instructor and the | ||||||
10 | students. Successful completion of the course shall include | ||||||
11 | achieving a passing score as provided by rule on a test | ||||||
12 | developed and administered in accordance with rules adopted by | ||||||
13 | the Department. No
license may be renewed
except upon the | ||||||
14 | successful completion of the required courses or their
| ||||||
15 | equivalent or upon a waiver
of those requirements for good | ||||||
16 | cause shown as determined by the Secretary
with the
| ||||||
17 | recommendation of the Board Advisory Council .
The requirements | ||||||
18 | of this Article are applicable to all managing brokers and | ||||||
19 | brokers
except those managing brokers
and brokers who, during | ||||||
20 | the pre-renewal period:
| ||||||
21 | (1) serve in the armed services of the United States;
| ||||||
22 | (2) serve as an elected State or federal official;
| ||||||
23 | (3) serve as a full-time employee of the Department; or
| ||||||
24 | (4) are admitted to practice law pursuant to Illinois | ||||||
25 | Supreme Court rule.
| ||||||
26 | (c) (Blank). |
| |||||||
| |||||||
1 | (d) A
person receiving an initial license
during the 90 | ||||||
2 | days before the renewal date shall not be
required to complete | ||||||
3 | the continuing
education courses provided for in subsection (b) | ||||||
4 | of this
Section as a condition of initial license renewal.
| ||||||
5 | (e) The continuing education requirement for brokers and | ||||||
6 | managing brokers shall
consist of a single core
curriculum and | ||||||
7 | an elective curriculum, to be established by the Board in | ||||||
8 | accordance with this subsection. The core curriculum shall not | ||||||
9 | be further divided into subcategories or divisions of | ||||||
10 | instruction. The core curriculum shall consist of 4 hours per | ||||||
11 | 2-year Advisory
Council . In meeting the
continuing education | ||||||
12 | requirements of this Act, at least 3 hours per year or
their | ||||||
13 | equivalent, 6 hours for each two-year pre-renewal period on the | ||||||
14 | subjects of advertising, agency, disclosures, escrow, fair | ||||||
15 | housing, leasing agent management, and license law. The amount | ||||||
16 | of time allotted to each of the foregoing subjects shall be | ||||||
17 | determined by the Board , shall
be required to be completed in | ||||||
18 | the core curriculum . The core curriculum shall be reviewed and, | ||||||
19 | if necessary, revised every 4 years by the Board. However, the | ||||||
20 | core curriculum's total hourly requirement shall only be | ||||||
21 | subject to change by amendment of this subsection and any | ||||||
22 | change to the core curriculum shall not be effective for a | ||||||
23 | period of 6 months after such change is made by the Board. The | ||||||
24 | Board shall provide notice to all approved education providers | ||||||
25 | of any changes to the core curriculum. When determining whether | ||||||
26 | revisions of the core curriculum's subjects or specific time |
| |||||||
| |||||||
1 | requirements are necessary
In establishing the core | ||||||
2 | curriculum , the Board Advisory Council shall consider
subjects | ||||||
3 | that will
educate licensees on recent changes in applicable | ||||||
4 | laws , and new laws , and refresh
the licensee on areas
of the | ||||||
5 | license law and the Department policy that the Board Advisory | ||||||
6 | Council deems appropriate,
and any other subject
areas the | ||||||
7 | Board that the Advisory Council deems timely and applicable in | ||||||
8 | order to prevent
violations of this Act
and to protect the | ||||||
9 | public.
In establishing the elective curriculum, the Board | ||||||
10 | Advisory Council shall consider
subjects that cover
the various | ||||||
11 | aspects of the practice of real estate that are covered under | ||||||
12 | the
scope of this Act.
However, the elective curriculum shall | ||||||
13 | not include any offerings referred to in
Section 5-85 of this | ||||||
14 | Act.
| ||||||
15 | (f) The subject areas of continuing education courses | ||||||
16 | approved by the Board shall be meant to protect the | ||||||
17 | professionalism of the industry and the public and prevent | ||||||
18 | violations of this Act and
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 | (12) disclosures; | ||||||
6 | (13) leasing agent management; and | ||||||
7 | (14) advertising. | ||||||
8 | (g) In lieu of credit for those courses listed in | ||||||
9 | subsection (f) of this
Section, credit may be
earned for | ||||||
10 | serving as a licensed instructor in an approved course of | ||||||
11 | continuing
education. The
amount of credit earned for teaching | ||||||
12 | a course shall be the amount of continuing
education credit for
| ||||||
13 | which the course is approved for licensees taking the course.
| ||||||
14 | (h) Credit hours may be earned for self-study programs | ||||||
15 | approved by the Board
Advisory Council .
| ||||||
16 | (i) A managing broker or broker may earn credit for a | ||||||
17 | specific continuing
education course only
once during the | ||||||
18 | prerenewal period.
| ||||||
19 | (j) No more than 6 hours of continuing education credit may | ||||||
20 | be taken in one
calendar day.
| ||||||
21 | (k) To promote the offering of a uniform and consistent | ||||||
22 | course content, the Board Department may provide for the | ||||||
23 | development of a single broker management course to be offered | ||||||
24 | by all continuing education providers who choose to offer the | ||||||
25 | broker management continuing education course. The Board | ||||||
26 | Department may contract for the development of the 12-hour |
| |||||||
| |||||||
1 | broker management continuing education course with an outside | ||||||
2 | vendor or consultant and, if the course is developed in this | ||||||
3 | manner, the Board Department or the outside consultant shall | ||||||
4 | license the use of that course to all approved continuing | ||||||
5 | education providers who wish to provide the course.
| ||||||
6 | (l) Except as specifically provided in this Act, continuing | ||||||
7 | education credit hours may not be earned for completion of pre | ||||||
8 | or post-license courses. The approved 30-hour post-license | ||||||
9 | course for broker licensees shall satisfy the continuing | ||||||
10 | education requirement for the pre-renewal period in which the | ||||||
11 | course is taken. The approved 45-hour brokerage administration | ||||||
12 | and management course shall satisfy the 12-hour broker | ||||||
13 | management continuing education requirement for the | ||||||
14 | pre-renewal period in which the course is taken. | ||||||
15 | (Source: P.A. 98-531, eff. 8-23-13; 99-227, eff. 8-3-15; | ||||||
16 | 99-728, eff. 1-1-17 .)
| ||||||
17 | (225 ILCS 454/5-75)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
19 | Sec. 5-75. Out-of-state continuing education credit. If a | ||||||
20 | renewal applicant has earned continuing education hours in | ||||||
21 | another state
or territory for which
he or she is claiming | ||||||
22 | credit toward full compliance in Illinois, the Board Advisory
| ||||||
23 | Council shall review,
approve, or disapprove those hours based | ||||||
24 | upon whether the course is one that
would be approved
under | ||||||
25 | Section 5-70 of this Act, whether the course meets the basic |
| |||||||
| |||||||
1 | requirements
for
continuing education under
this Act, and any | ||||||
2 | other criteria that is provided by statute or rule.
| ||||||
3 | (Source: P.A. 91-245, eff. 12-31-99 .)
| ||||||
4 | (225 ILCS 454/5-80)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
6 | Sec. 5-80. Evidence of compliance with continuing | ||||||
7 | education requirements.
| ||||||
8 | (a) Each renewal applicant shall certify, on his or her | ||||||
9 | renewal application,
full compliance with
continuing education | ||||||
10 | requirements set forth in Section 5-70. The continuing
| ||||||
11 | education provider school shall
retain and submit to the | ||||||
12 | Department after the completion of each course evidence of | ||||||
13 | those
successfully
completing the course as provided by rule.
| ||||||
14 | (b) The Department may require additional evidence | ||||||
15 | demonstrating compliance with the
continuing
education | ||||||
16 | requirements. The renewal applicant shall retain and produce | ||||||
17 | the
evidence of
compliance upon request of the Department.
| ||||||
18 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
19 | (225 ILCS 454/20-20)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
21 | Sec. 20-20. Grounds for discipline. | ||||||
22 | (a) The Department may refuse to issue or renew a license, | ||||||
23 | may place on probation, suspend,
or
revoke any
license, | ||||||
24 | reprimand, or take any other disciplinary or non-disciplinary |
| |||||||
| |||||||
1 | action as the Department may deem proper and impose a
fine not | ||||||
2 | to exceed
$25,000 upon any licensee or applicant under this Act | ||||||
3 | or any person who holds himself or herself out as an applicant | ||||||
4 | or licensee or against a licensee in handling his or her own | ||||||
5 | property, whether held by deed, option, or otherwise, for any | ||||||
6 | one or any combination of the
following causes:
| ||||||
7 | (1) Fraud or misrepresentation in applying for, or | ||||||
8 | procuring, a license under this Act or in connection with | ||||||
9 | applying for renewal of a license under this Act.
| ||||||
10 | (2) The conviction of or plea of guilty or plea of nolo | ||||||
11 | contendere to a felony or misdemeanor in this State or any | ||||||
12 | other jurisdiction; or the entry of an administrative | ||||||
13 | sanction by a government agency in this State or any other | ||||||
14 | jurisdiction. Action taken under this paragraph (2) for a | ||||||
15 | misdemeanor or an administrative sanction is limited to a | ||||||
16 | misdemeanor or administrative sanction that has as an
| ||||||
17 | essential element dishonesty or fraud or involves larceny, | ||||||
18 | embezzlement,
or obtaining money, property, or credit by | ||||||
19 | false pretenses or by means of a
confidence
game.
| ||||||
20 | (3) Inability to practice the profession with | ||||||
21 | reasonable judgment, skill, or safety as a result of a | ||||||
22 | physical illness, including, but not limited to, | ||||||
23 | deterioration through the aging process or loss of motor | ||||||
24 | skill, or a mental illness or disability.
| ||||||
25 | (4) Practice under this Act as a licensee in a retail | ||||||
26 | sales establishment from an office, desk, or space that
is |
| |||||||
| |||||||
1 | not
separated from the main retail business by a separate | ||||||
2 | and distinct area within
the
establishment.
| ||||||
3 | (5) Having been disciplined by another state, the | ||||||
4 | District of Columbia, a territory, a foreign nation, or a | ||||||
5 | governmental agency authorized to impose discipline if at | ||||||
6 | least one of the grounds for that discipline is the same as | ||||||
7 | or
the
equivalent of one of the grounds for which a | ||||||
8 | licensee may be disciplined under this Act. A certified | ||||||
9 | copy of the record of the action by the other state or | ||||||
10 | jurisdiction shall be prima facie evidence thereof.
| ||||||
11 | (6) Engaging in the practice of real estate brokerage
| ||||||
12 | without a
license or after the licensee's license or | ||||||
13 | temporary permit was expired or while the license was
| ||||||
14 | inoperative.
| ||||||
15 | (7) Cheating on or attempting to subvert the Real
| ||||||
16 | Estate License Exam or continuing education exam. | ||||||
17 | (8) Aiding or abetting an applicant
to
subvert or cheat | ||||||
18 | on the Real Estate License Exam or continuing education | ||||||
19 | exam
administered pursuant to this Act.
| ||||||
20 | (9) Advertising that is inaccurate, misleading, or | ||||||
21 | contrary to the provisions of the Act.
| ||||||
22 | (10) Making any substantial misrepresentation or | ||||||
23 | untruthful advertising.
| ||||||
24 | (11) Making any false promises of a character likely to | ||||||
25 | influence,
persuade,
or induce.
| ||||||
26 | (12) Pursuing a continued and flagrant course of |
| |||||||
| |||||||
1 | misrepresentation or the
making
of false promises through | ||||||
2 | licensees, employees, agents, advertising, or
otherwise.
| ||||||
3 | (13) Any misleading or untruthful advertising, or | ||||||
4 | using any trade name or
insignia of membership in any real | ||||||
5 | estate organization of which the licensee is
not a member.
| ||||||
6 | (14) Acting for more than one party in a transaction | ||||||
7 | without providing
written
notice to all parties for whom | ||||||
8 | the licensee acts.
| ||||||
9 | (15) Representing or attempting to represent a broker | ||||||
10 | other than the
sponsoring broker.
| ||||||
11 | (16) Failure to account for or to remit any moneys or | ||||||
12 | documents coming into
his or her possession that belong to | ||||||
13 | others.
| ||||||
14 | (17) Failure to maintain and deposit in a special | ||||||
15 | account, separate and
apart from
personal and other | ||||||
16 | business accounts, all escrow moneys belonging to others
| ||||||
17 | entrusted to a licensee
while acting as a broker, escrow | ||||||
18 | agent, or temporary custodian of
the funds of others or
| ||||||
19 | failure to maintain all escrow moneys on deposit in the | ||||||
20 | account until the
transactions are
consummated or | ||||||
21 | terminated, except to the extent that the moneys, or any | ||||||
22 | part
thereof, shall be: | ||||||
23 | (A)
disbursed prior to the consummation or | ||||||
24 | termination (i) in accordance with
the
written | ||||||
25 | direction of
the principals to the transaction or their | ||||||
26 | duly authorized agents, (ii) in accordance with
|
| |||||||
| |||||||
1 | directions providing for the
release, payment, or | ||||||
2 | distribution of escrow moneys contained in any written
| ||||||
3 | contract signed by the
principals to the transaction or | ||||||
4 | their duly authorized agents,
or (iii)
pursuant to an | ||||||
5 | order of a court of competent
jurisdiction; or | ||||||
6 | (B) deemed abandoned and transferred to the Office | ||||||
7 | of the State Treasurer to be handled as unclaimed | ||||||
8 | property pursuant to the Uniform Disposition of | ||||||
9 | Unclaimed Property Act. Escrow moneys may be deemed | ||||||
10 | abandoned under this subparagraph (B) only: (i) in the | ||||||
11 | absence of disbursement under subparagraph (A); (ii) | ||||||
12 | in the absence of notice of the filing of any claim in | ||||||
13 | a court of competent jurisdiction; and (iii) if 6 | ||||||
14 | months have elapsed after the receipt of a written | ||||||
15 | demand for the escrow moneys from one of the principals | ||||||
16 | to the transaction or the principal's duly authorized | ||||||
17 | agent.
| ||||||
18 | The account
shall be noninterest
bearing, unless the | ||||||
19 | character of the deposit is such that payment of interest
| ||||||
20 | thereon is otherwise
required by law or unless the | ||||||
21 | principals to the transaction specifically
require, in | ||||||
22 | writing, that the
deposit be placed in an interest bearing | ||||||
23 | account.
| ||||||
24 | (18) Failure to make available to the Department all | ||||||
25 | escrow records and related documents
maintained in | ||||||
26 | connection
with the practice of real estate within 24 hours |
| |||||||
| |||||||
1 | of a request for those
documents by Department personnel.
| ||||||
2 | (19) Failing to furnish copies upon request of | ||||||
3 | documents relating to a
real
estate transaction to a party | ||||||
4 | who has executed that document.
| ||||||
5 | (20) Failure of a sponsoring broker to timely provide | ||||||
6 | information, sponsor
cards,
or termination of licenses to | ||||||
7 | the Department.
| ||||||
8 | (21) Engaging in dishonorable, unethical, or | ||||||
9 | unprofessional conduct of a
character
likely to deceive, | ||||||
10 | defraud, or harm the public.
| ||||||
11 | (22) Commingling the money or property of others with | ||||||
12 | his or her own money or property.
| ||||||
13 | (23) Employing any person on a purely temporary or | ||||||
14 | single deal basis as a
means
of evading the law regarding | ||||||
15 | payment of commission to nonlicensees on some
contemplated
| ||||||
16 | transactions.
| ||||||
17 | (24) Permitting the use of his or her license as a | ||||||
18 | broker to enable a
leasing agent or
unlicensed person to | ||||||
19 | operate a real estate business without actual
| ||||||
20 | participation therein and control
thereof by the broker.
| ||||||
21 | (25) Any other conduct, whether of the same or a | ||||||
22 | different character from
that
specified in this Section, | ||||||
23 | that constitutes dishonest dealing.
| ||||||
24 | (26) Displaying a "for rent" or "for sale" sign on any | ||||||
25 | property without
the written
consent of an owner or his or | ||||||
26 | her duly authorized agent or advertising by any
means that |
| |||||||
| |||||||
1 | any property is
for sale or for rent without the written | ||||||
2 | consent of the owner or his or her
authorized agent.
| ||||||
3 | (27) Failing to provide information requested by the | ||||||
4 | Department, or otherwise respond to that request, within 30 | ||||||
5 | days of
the
request.
| ||||||
6 | (28) Advertising by means of a blind advertisement, | ||||||
7 | except as otherwise
permitted in Section 10-30 of this Act.
| ||||||
8 | (29) Offering guaranteed sales plans, as defined in | ||||||
9 | clause (A) of
this subdivision (29), except to
the extent | ||||||
10 | hereinafter set forth:
| ||||||
11 | (A) A "guaranteed sales plan" is any real estate | ||||||
12 | purchase or sales plan
whereby a licensee enters into a | ||||||
13 | conditional or unconditional written contract
with a | ||||||
14 | seller, prior to entering into a brokerage agreement | ||||||
15 | with the seller, by the
terms of which a licensee | ||||||
16 | agrees to purchase a property of the seller within a
| ||||||
17 | specified period of time
at a specific price in the | ||||||
18 | event the property is not sold in accordance with
the | ||||||
19 | terms of a brokerage agreement to be entered into | ||||||
20 | between the sponsoring broker and the seller.
| ||||||
21 | (B) A licensee offering a guaranteed sales plan | ||||||
22 | shall provide the
details
and conditions of the plan in | ||||||
23 | writing to the party to whom the plan is
offered.
| ||||||
24 | (C) A licensee offering a guaranteed sales plan | ||||||
25 | shall provide to the
party
to whom the plan is offered | ||||||
26 | evidence of sufficient financial resources to
satisfy |
| |||||||
| |||||||
1 | the commitment to
purchase undertaken by the broker in | ||||||
2 | the plan.
| ||||||
3 | (D) Any licensee offering a guaranteed sales plan | ||||||
4 | shall undertake to
market the property of the seller | ||||||
5 | subject to the plan in the same manner in
which the | ||||||
6 | broker would
market any other property, unless the | ||||||
7 | agreement with the seller provides
otherwise.
| ||||||
8 | (E) The licensee cannot purchase seller's property | ||||||
9 | until the brokerage agreement has ended according to | ||||||
10 | its terms or is otherwise terminated. | ||||||
11 | (F) Any licensee who fails to perform on a | ||||||
12 | guaranteed sales plan in
strict accordance with its | ||||||
13 | terms shall be subject to all the penalties provided
in | ||||||
14 | this Act for
violations thereof and, in addition, shall | ||||||
15 | be subject to a civil fine payable
to the party injured | ||||||
16 | by the
default in an amount of up to $25,000.
| ||||||
17 | (30) Influencing or attempting to influence, by any | ||||||
18 | words or acts, a
prospective
seller, purchaser, occupant, | ||||||
19 | landlord, or tenant of real estate, in connection
with | ||||||
20 | viewing, buying, or
leasing real estate, so as to promote | ||||||
21 | or tend to promote the continuance
or maintenance of
| ||||||
22 | racially and religiously segregated housing or so as to | ||||||
23 | retard, obstruct, or
discourage racially
integrated | ||||||
24 | housing on or in any street, block, neighborhood, or | ||||||
25 | community.
| ||||||
26 | (31) Engaging in any act that constitutes a violation |
| |||||||
| |||||||
1 | of any provision of
Article 3 of the Illinois Human Rights | ||||||
2 | Act, whether or not a complaint has
been filed with or
| ||||||
3 | adjudicated by the Human Rights Commission.
| ||||||
4 | (32) Inducing any party to a contract of sale or lease | ||||||
5 | or brokerage
agreement to
break the contract of sale or | ||||||
6 | lease or brokerage agreement for the purpose of
| ||||||
7 | substituting, in lieu
thereof, a new contract for sale or | ||||||
8 | lease or brokerage agreement with a third
party.
| ||||||
9 | (33) Negotiating a sale, exchange, or lease of real | ||||||
10 | estate directly with
any person
if the licensee knows that | ||||||
11 | the person has an exclusive brokerage
agreement with | ||||||
12 | another
broker, unless specifically authorized by that | ||||||
13 | broker.
| ||||||
14 | (34) When a licensee is also an attorney, acting as the | ||||||
15 | attorney for
either the
buyer or the seller in the same | ||||||
16 | transaction in which the licensee is acting or
has acted as | ||||||
17 | a managing broker
or broker.
| ||||||
18 | (35) Advertising or offering merchandise or services | ||||||
19 | as free if any
conditions or
obligations necessary for | ||||||
20 | receiving the merchandise or services are not
disclosed in | ||||||
21 | the same
advertisement or offer. These conditions or | ||||||
22 | obligations include without
limitation the
requirement | ||||||
23 | that the recipient attend a promotional activity or visit a | ||||||
24 | real
estate site. As used in this
subdivision (35), "free" | ||||||
25 | includes terms such as "award", "prize", "no charge",
"free | ||||||
26 | of charge",
"without charge", and similar words or phrases |
| |||||||
| |||||||
1 | that reasonably lead a person to
believe that he or she
may | ||||||
2 | receive or has been selected to receive something of value, | ||||||
3 | without any
conditions or
obligations on the part of the | ||||||
4 | recipient.
| ||||||
5 | (36) Disregarding or violating any provision of the | ||||||
6 | Land Sales
Registration Act of 1989, the Illinois Real | ||||||
7 | Estate
Time-Share Act, or the published rules promulgated | ||||||
8 | by the Department to enforce
those Acts.
| ||||||
9 | (37) Violating the terms of a disciplinary order
issued | ||||||
10 | by the Department.
| ||||||
11 | (38) Paying or failing to disclose compensation in | ||||||
12 | violation of Article 10 of this Act.
| ||||||
13 | (39) Requiring a party to a transaction who is not a | ||||||
14 | client of the
licensee
to allow the licensee to retain a | ||||||
15 | portion of the escrow moneys for payment of
the licensee's | ||||||
16 | commission or expenses as a condition for release of the | ||||||
17 | escrow
moneys to that party.
| ||||||
18 | (40) Disregarding or violating any provision of this | ||||||
19 | Act or the published
rules
promulgated by the Department to | ||||||
20 | enforce this Act or aiding or abetting any individual,
| ||||||
21 | partnership, registered limited liability partnership, | ||||||
22 | limited liability
company, or corporation in
disregarding | ||||||
23 | any provision of this Act or the published rules | ||||||
24 | promulgated by the Department
to enforce this Act.
| ||||||
25 | (41) Failing to provide the minimum services required | ||||||
26 | by Section 15-75 of this Act when acting under an exclusive |
| |||||||
| |||||||
1 | brokerage agreement.
| ||||||
2 | (42) Habitual or excessive use or addiction to alcohol, | ||||||
3 | narcotics, stimulants, or any other chemical agent or drug | ||||||
4 | that results in a managing broker, broker, or leasing | ||||||
5 | agent's inability to practice with reasonable skill or | ||||||
6 | safety. | ||||||
7 | (43) Enabling, aiding, or abetting an auctioneer, as | ||||||
8 | defined in the Auction License Act, to conduct a real | ||||||
9 | estate auction in a manner that is in violation of this | ||||||
10 | Act. | ||||||
11 | (44) Permitting any leasing agent or temporary leasing | ||||||
12 | agent permit holder to engage in activities which require a | ||||||
13 | broker's or managing broker's license. | ||||||
14 | (45) Aiding or abetting the violation of subsection (d) | ||||||
15 | of Section 5-5 of this Act by knowingly permitting an | ||||||
16 | individual to operate under a temporary leasing agent | ||||||
17 | permit more than one time in that individual's lifetime. | ||||||
18 | (b) The Department may refuse to issue or renew or may | ||||||
19 | suspend the license of any person who fails to file a return, | ||||||
20 | pay the tax, penalty or interest shown in a filed return, or | ||||||
21 | pay any final assessment of tax, penalty, or interest, as | ||||||
22 | required by any tax Act administered by the Department of | ||||||
23 | Revenue, until such time as the requirements of that tax Act | ||||||
24 | are satisfied in accordance with subsection (g) of Section | ||||||
25 | 2105-15 of the Civil Administrative Code of Illinois. | ||||||
26 | (c) The Department shall deny a license or renewal |
| |||||||
| |||||||
1 | authorized by this Act to a person who has defaulted on an | ||||||
2 | educational loan or scholarship provided or guaranteed by the | ||||||
3 | Illinois Student Assistance Commission or any governmental | ||||||
4 | agency of this State in accordance with item (5) of subsection | ||||||
5 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
6 | Illinois. | ||||||
7 | (d) In cases where the Department of Healthcare and Family | ||||||
8 | Services (formerly Department of Public Aid) has previously | ||||||
9 | determined that a licensee or a potential licensee is more than | ||||||
10 | 30 days delinquent in the payment of child support and has | ||||||
11 | subsequently certified the delinquency to the Department may | ||||||
12 | refuse to issue or renew or may revoke or suspend that person's | ||||||
13 | license or may take other disciplinary action against that | ||||||
14 | person based solely upon the certification of delinquency made | ||||||
15 | by the Department of Healthcare and Family Services in | ||||||
16 | accordance with item (5) of subsection (a) of Section 2105-15 | ||||||
17 | of the Civil Administrative Code of Illinois. | ||||||
18 | (e) In enforcing this Section, the Department or Board upon | ||||||
19 | a showing of a possible violation may compel an individual | ||||||
20 | licensed to practice under this Act, or who has applied for | ||||||
21 | licensure under this Act, to submit to a mental or physical | ||||||
22 | examination, or both, as required by and at the expense of the | ||||||
23 | Department. The Department or Board may order the examining | ||||||
24 | physician to present testimony concerning the mental or | ||||||
25 | physical examination of the licensee or applicant. No | ||||||
26 | information shall be excluded by reason of any common law or |
| |||||||
| |||||||
1 | statutory privilege relating to communications between the | ||||||
2 | licensee or applicant and the examining physician. The | ||||||
3 | examining physicians shall be specifically designated by the | ||||||
4 | Board or Department. The individual to be examined may have, at | ||||||
5 | his or her own expense, another physician of his or her choice | ||||||
6 | present during all aspects of this examination. Failure of an | ||||||
7 | individual to submit to a mental or physical examination, when | ||||||
8 | directed, shall be grounds for suspension of his or her license | ||||||
9 | until the individual submits to the examination if the | ||||||
10 | Department finds, after notice and hearing, that the refusal to | ||||||
11 | submit to the examination was without reasonable cause. | ||||||
12 | If the Department or Board finds an individual unable to | ||||||
13 | practice because of the reasons set forth in this Section, the | ||||||
14 | Department or Board may require that individual to submit to | ||||||
15 | care, counseling, or treatment by physicians approved or | ||||||
16 | designated by the Department or Board, as a condition, term, or | ||||||
17 | restriction for continued, reinstated, or renewed licensure to | ||||||
18 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
19 | Department may file, or the Board may recommend to the | ||||||
20 | Department to file, a complaint to immediately suspend, revoke, | ||||||
21 | or otherwise discipline the license of the individual. An | ||||||
22 | individual whose license was granted, continued, reinstated, | ||||||
23 | renewed, disciplined or supervised subject to such terms, | ||||||
24 | conditions, or restrictions, and who fails to comply with such | ||||||
25 | terms, conditions, or restrictions, shall be referred to the | ||||||
26 | Secretary for a determination as to whether the individual |
| |||||||
| |||||||
1 | shall have his or her license suspended immediately, pending a | ||||||
2 | hearing by the Department. | ||||||
3 | In instances in which the Secretary immediately suspends a | ||||||
4 | person's license under this Section, a hearing on that person's | ||||||
5 | license must be convened by the Department within 30 days after | ||||||
6 | the suspension and completed without appreciable delay. The | ||||||
7 | Department and Board shall have the authority to review the | ||||||
8 | subject individual's record of treatment and counseling | ||||||
9 | regarding the impairment to the extent permitted by applicable | ||||||
10 | federal statutes and regulations safeguarding the | ||||||
11 | confidentiality of medical records. | ||||||
12 | An individual licensed under this Act and affected under | ||||||
13 | this Section shall be afforded an opportunity to demonstrate to | ||||||
14 | the Department or Board that he or she can resume practice in | ||||||
15 | compliance with acceptable and prevailing standards under the | ||||||
16 | provisions of his or her license. | ||||||
17 | (Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14; | ||||||
18 | 99-227, eff. 8-3-15.)
| ||||||
19 | (225 ILCS 454/20-23) | ||||||
20 | (Section scheduled to be repealed on January 1, 2020) | ||||||
21 | Sec. 20-23. Confidentiality. All information collected by | ||||||
22 | the Department in the course of an examination or investigation | ||||||
23 | of a licensee or applicant, including, but not limited to, any | ||||||
24 | complaint against a licensee, applicant, or any person who | ||||||
25 | holds himself or herself out as a licensee or applicant that is |
| |||||||
| |||||||
1 | filed with the Department and information collected to | ||||||
2 | investigate any such complaint, shall be maintained for the | ||||||
3 | confidential use of the Department and shall not be disclosed. | ||||||
4 | The Department may not disclose the information to anyone other | ||||||
5 | than law enforcement officials, regulatory agencies that have | ||||||
6 | an appropriate regulatory interest as determined by the | ||||||
7 | Secretary, the licensee's managing broker of record, or a party | ||||||
8 | presenting a lawful subpoena to the Department. Information and | ||||||
9 | documents disclosed to a federal, State, county, or local law | ||||||
10 | enforcement agency shall not be disclosed by the agency for any | ||||||
11 | purpose to any other agency or person. A formal complaint filed | ||||||
12 | against a licensee by the Department or any order issued by the | ||||||
13 | Department against a licensee or applicant shall be a public | ||||||
14 | record, except as otherwise prohibited by law.
| ||||||
15 | (Source: P.A. 98-553, eff. 1-1-14.)
| ||||||
16 | (225 ILCS 454/20-60)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
18 | Sec. 20-60. Investigations notice and hearing. The | ||||||
19 | Department may investigate the actions of any applicant or of | ||||||
20 | any person or persons rendering or offering to render services | ||||||
21 | or any person holding or claiming to hold a license under this | ||||||
22 | Act. The Department shall, before revoking,
suspending, | ||||||
23 | placing on probation, reprimanding, or taking any other | ||||||
24 | disciplinary action under Article 20 of this Act, at least 30 | ||||||
25 | days before the date set for the hearing, (i) notify the |
| |||||||
| |||||||
1 | accused and his or her sponsoring broker in writing of the | ||||||
2 | charges made and the time and place for the hearing on the | ||||||
3 | charges, (ii) direct him or her to file a written answer to the | ||||||
4 | charges with the
Board under oath within 20 days after the | ||||||
5 | service on him or her of the notice, and (iii) inform the | ||||||
6 | accused that if he or she fails to answer, default will be | ||||||
7 | taken
against him or her or that
his or her license may be | ||||||
8 | suspended, revoked, placed on probationary status,
or
other | ||||||
9 | disciplinary
action taken with regard to the license, including | ||||||
10 | limiting the scope, nature, or extent of his or her practice, | ||||||
11 | as the Department may consider proper. At the time and place | ||||||
12 | fixed in the notice, the Board shall proceed to hear the | ||||||
13 | charges and the parties or their counsel shall be accorded | ||||||
14 | ample opportunity to present any pertinent statements, | ||||||
15 | testimony, evidence, and arguments. The Board may continue the | ||||||
16 | hearing from time to time. In case the person, after receiving | ||||||
17 | the
notice, fails to file an answer, his or her license may, in | ||||||
18 | the discretion of the Department, be suspended,
revoked, placed | ||||||
19 | on
probationary status, or the Department may take whatever | ||||||
20 | disciplinary action considered
proper, including
limiting the | ||||||
21 | scope, nature, or extent of the person's practice or the
| ||||||
22 | imposition of a fine, without a
hearing, if the act or acts | ||||||
23 | charged constitute sufficient grounds for that
action under | ||||||
24 | this Act. The written notice may be served by personal delivery | ||||||
25 | or by certified mail to the address specified by the accused in | ||||||
26 | his or her last notification with the Department.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
2 | (225 ILCS 454/20-68) | ||||||
3 | (Section scheduled to be repealed on January 1, 2020) | ||||||
4 | Sec. 20-68. Surrender of license. Upon the revocation or | ||||||
5 | suspension of a license, the Department shall immediately | ||||||
6 | notify the licensee's sponsoring broker of the revocation or | ||||||
7 | suspension and the licensee shall immediately surrender his or | ||||||
8 | her license to the Department. If the licensee fails to do so, | ||||||
9 | the Department has the right to seize the license.
| ||||||
10 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
11 | (225 ILCS 454/25-10)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
13 | Sec. 25-10. Real Estate Administration and Disciplinary
| ||||||
14 | Board;
duties.
There is created the Real Estate Administration | ||||||
15 | and Disciplinary Board.
The Board shall be composed of 15 9 | ||||||
16 | persons appointed by the Governor. Members
shall be
appointed | ||||||
17 | to the Board subject to the following conditions:
| ||||||
18 | (1) All members shall have been residents and citizens | ||||||
19 | of this State for
at least 6 years
prior to the date of | ||||||
20 | appointment.
| ||||||
21 | (2) Nine Six members shall have been actively engaged | ||||||
22 | as managing brokers or
brokers or both for
at least the 10 | ||||||
23 | years prior to the appointment.
| ||||||
24 | (3) Three members of the Board shall be public members |
| |||||||
| |||||||
1 | who represent
consumer
interests.
| ||||||
2 | (4) One member shall be a representative of a licensed | ||||||
3 | real estate education provider. | ||||||
4 | (5) One member shall be a representative of an Illinois | ||||||
5 | real estate trade organization. | ||||||
6 | (6) One member shall be a representative of an | ||||||
7 | institution of higher education that offers pre-license | ||||||
8 | and continuing education courses. | ||||||
9 | None of these members shall be (i) a person who is licensed | ||||||
10 | under this
Act or a similar Act of another jurisdiction, (ii) | ||||||
11 | the spouse or family member of a licensee, (iii) a person who | ||||||
12 | has an ownership interest in a
real estate brokerage
business, | ||||||
13 | or (iv) a person the Department determines to have any other | ||||||
14 | connection with a real estate brokerage business or a licensee.
| ||||||
15 | The members' terms shall be 4 years or until their successor is | ||||||
16 | appointed, and the expiration of their terms shall be
| ||||||
17 | staggered. No member shall be reappointed to the Board for a | ||||||
18 | term that would cause his or her cumulative service on the | ||||||
19 | Board to exceed 12 years.
Appointments to fill vacancies shall | ||||||
20 | be for the unexpired portion of the term. Those members of the | ||||||
21 | Board that satisfy the requirements of paragraph (2) shall be | ||||||
22 | chosen in a manner such that no area of the State shall be | ||||||
23 | unreasonably represented.
The membership of the Board should | ||||||
24 | reasonably reflect the geographic
distribution of the licensee
| ||||||
25 | population in this State. In making the appointments, the | ||||||
26 | Governor shall give
due consideration
to the recommendations by |
| |||||||
| |||||||
1 | members and organizations of the profession.
The Governor may | ||||||
2 | terminate the appointment of any member for cause that in the
| ||||||
3 | opinion of the
Governor reasonably justifies the termination. | ||||||
4 | Cause for termination shall
include without limitation
| ||||||
5 | misconduct, incapacity, neglect of duty, or missing 4 board | ||||||
6 | meetings during any
one
calendar year.
Each member of the Board | ||||||
7 | may receive a per diem stipend in an amount to be
determined by | ||||||
8 | the Secretary. Each member shall be paid his or her necessary | ||||||
9 | expenses while
engaged in the
performance of his or her duties. | ||||||
10 | Such compensation and expenses shall be paid
out of the Real | ||||||
11 | Estate
License Administration Fund.
The Secretary shall | ||||||
12 | consider the recommendations of the Board on questions
| ||||||
13 | involving
standards of professional conduct, discipline, and | ||||||
14 | examination of candidates
under this Act. The Secretary may | ||||||
15 | establish temporary or permanent committees of the Board and | ||||||
16 | may consider the recommendations of the Board on questions | ||||||
17 | involving criteria for the licensing and renewal of pre-license | ||||||
18 | schools, pre-license instructors, continuing education | ||||||
19 | schools, continuing education instructors, pre-license school | ||||||
20 | and continuing education curricula, standards of educational | ||||||
21 | criteria qualifications for licensure, and renewal of | ||||||
22 | professions, schools, courses, and instructors. The | ||||||
23 | Department, after notifying and considering the | ||||||
24 | recommendations of the Board, if any,
may issue rules,
| ||||||
25 | consistent with the provisions of this Act, for the | ||||||
26 | administration and
enforcement thereof and may
prescribe forms |
| |||||||
| |||||||
1 | that shall be used in connection therewith. Eight Five Board | ||||||
2 | members shall constitute a quorum. A quorum is required for all | ||||||
3 | Board decisions.
| ||||||
4 | (Source: P.A. 98-1109, eff. 1-1-15; 99-227, eff. 8-3-15.)
| ||||||
5 | (225 ILCS 454/Art. 30 heading) | ||||||
6 | ARTICLE 30. EDUCATION PROVIDERS AND COURSES SCHOOLS AND | ||||||
7 | INSTRUCTORS
| ||||||
8 | (225 ILCS 454/30-5)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
10 | Sec. 30-5. Licensing of education providers pre-license | ||||||
11 | schools , school branches, and
instructors. | ||||||
12 | (a) No person shall operate an education provider entity | ||||||
13 | without possessing a valid and active license issued by the | ||||||
14 | Department. Only education providers in possession of a valid | ||||||
15 | education provider license may provide real estate | ||||||
16 | pre-license, post-license, or continuing education courses | ||||||
17 | that will satisfy the requirements of this Act. Every person | ||||||
18 | that desires to obtain an education provider license shall make | ||||||
19 | application to the Department in writing on forms prescribed by | ||||||
20 | the Department and pay the fee prescribed by rule. In addition | ||||||
21 | to any other information required to be contained in the | ||||||
22 | application as prescribed by rule, every application for an | ||||||
23 | original or renewed license shall include the applicant's | ||||||
24 | Social Security number or tax identification number. No person |
| |||||||
| |||||||
1 | shall operate a pre-license school or school branch without
| ||||||
2 | possessing a valid
pre-license school or school branch license | ||||||
3 | issued by the Department. No person shall
act as a pre-license | ||||||
4 | instructor at a pre-license school or school branch
without | ||||||
5 | possessing
a valid pre-license
instructor license issued by the | ||||||
6 | Department. Every person who desires to obtain a
pre-license | ||||||
7 | school,
school branch, or pre-license instructor license shall | ||||||
8 | make application to the Department
in writing in form
and | ||||||
9 | substance satisfactory to the Department and pay the required | ||||||
10 | fees prescribed by
rule. In addition to any
other information | ||||||
11 | required to be contained in the application, every
application | ||||||
12 | for an original license shall include the applicant's Social | ||||||
13 | Security number, which shall be retained in the agency's | ||||||
14 | records pertaining to the license. As soon as practical, the | ||||||
15 | Department shall assign a customer's identification number to | ||||||
16 | each applicant for a license. | ||||||
17 | Every application for a renewal or restored license shall | ||||||
18 | require the applicant's customer identification number. | ||||||
19 | The Department
shall issue a pre-license school, school | ||||||
20 | branch, or pre-license instructor
license to applicants who | ||||||
21 | meet
qualification criteria established by rule. The | ||||||
22 | Department may refuse to issue, suspend,
revoke, or otherwise | ||||||
23 | discipline a pre-license school, school branch, or
pre-license | ||||||
24 | instructor
license or may withdraw
approval of a course offered | ||||||
25 | by a pre-license school for good cause.
Disciplinary | ||||||
26 | proceedings
shall be conducted by the Board in the same manner |
| |||||||
| |||||||
1 | as other disciplinary
proceedings under this
Act.
| ||||||
2 | (b) (Blank). All pre-license instructors must teach at | ||||||
3 | least one course within the
period of licensure or
take an | ||||||
4 | instructor training program approved by the Department in lieu | ||||||
5 | thereof. A
pre-license instructor
may teach at more than one | ||||||
6 | licensed pre-license school.
| ||||||
7 | (c) (Blank). The term of license for pre-license schools, | ||||||
8 | branches, and instructors
shall be 2 years as
established by | ||||||
9 | rule.
| ||||||
10 | (d) (Blank). The Department or the Advisory Council may, | ||||||
11 | after notice, cause a pre-license
school to attend an
informal | ||||||
12 | conference before the Advisory Council for failure to comply | ||||||
13 | with any
requirement for
licensure or for failure to comply | ||||||
14 | with any provision of this Act or the rules
for the | ||||||
15 | administration
of this Act. The Advisory Council shall make a | ||||||
16 | recommendation to the Board as
a result of its
findings at the | ||||||
17 | conclusion of any such informal conference.
| ||||||
18 | (e) (Blank). For purposes of this Section, the term | ||||||
19 | "pre-license" shall also include the 30-hour post-license | ||||||
20 | course required to be taken to retain a broker's license. | ||||||
21 | (f) The criteria for an education provider license shall | ||||||
22 | include the following: | ||||||
23 | (1) a sound financial base for establishing, | ||||||
24 | promoting, and delivering the necessary courses; budget | ||||||
25 | planning for the school's courses should be clearly | ||||||
26 | projected; |
| |||||||
| |||||||
1 | (2) a sufficient number of qualified, licensed | ||||||
2 | instructors as provided by rule; | ||||||
3 | (3) adequate support personnel to assist with | ||||||
4 | administrative matters and technical assistance; | ||||||
5 | (4) maintenance and availability of records of | ||||||
6 | participation for licensees; | ||||||
7 | (5) the ability to provide each participant who | ||||||
8 | successfully completes an approved program with a | ||||||
9 | certificate of completion signed by the administrator of a | ||||||
10 | licensed education provider on forms provided by the | ||||||
11 | Department; | ||||||
12 | (6) the education provider must have a written policy | ||||||
13 | dealing with procedures for the management of grievances | ||||||
14 | and fee refunds; | ||||||
15 | (7) the education provider shall maintain lesson plans | ||||||
16 | and examinations for each course; | ||||||
17 | (8) the education provider shall require a 70% passing | ||||||
18 | grade for successful completion of any continuing | ||||||
19 | education course; | ||||||
20 | (9) the education provider shall identify and use | ||||||
21 | instructors who will teach in a planned program; suggested | ||||||
22 | criteria for instructor selections include: | ||||||
23 | (A) appropriate credentials; | ||||||
24 | (B) competence as a teacher; | ||||||
25 | (C) knowledge of content area; and | ||||||
26 | (D) qualification by experience; |
| |||||||
| |||||||
1 | (10) unless otherwise provided for herein, the | ||||||
2 | education provider shall provide a proctor or an electronic | ||||||
3 | means of proctoring for each examination; the education | ||||||
4 | provider shall be responsible for the conduct of the | ||||||
5 | proctor; the duties and responsibilities of a proctor shall | ||||||
6 | be established by rule; and | ||||||
7 | (11) unless otherwise provided for herein, the | ||||||
8 | education provider must provide for closed book | ||||||
9 | examinations for each course unless the Board excuses this | ||||||
10 | requirement based on the complexity of the course material. | ||||||
11 | (g) Advertising and promotion of education activities must | ||||||
12 | be carried out in a responsible fashion clearly showing the | ||||||
13 | educational objectives of the activity, the nature of the | ||||||
14 | audience that may benefit from the activity, the cost of the | ||||||
15 | activity to the participant and the items covered by the cost, | ||||||
16 | the amount of credit that can be earned, and the credentials of | ||||||
17 | the faculty. | ||||||
18 | (h) The Department may, or upon request of the Board shall, | ||||||
19 | after notice, cause an education provider to attend an informal | ||||||
20 | conference before the Board for failure to comply with any | ||||||
21 | requirement for licensure or for failure to comply with any | ||||||
22 | provision of this Act or the rules for the administration of | ||||||
23 | this Act. The Board shall make a recommendation to the | ||||||
24 | Department as a result of its findings at the conclusion of any | ||||||
25 | such informal conference. | ||||||
26 | (i) All education providers shall maintain these minimum |
| |||||||
| |||||||
1 | criteria and pay the required fee in order to retain their | ||||||
2 | education provider license. | ||||||
3 | (Source: P.A. 96-856, eff. 12-31-09; 97-400, eff. 1-1-12.)
| ||||||
4 | (225 ILCS 454/30-15)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
6 | Sec. 30-15. Licensing of continuing education providers | ||||||
7 | schools ; approval of
courses. | ||||||
8 | (a) (Blank). Only continuing education schools in | ||||||
9 | possession of a valid continuing
education
school license
may | ||||||
10 | provide real estate continuing education courses that will | ||||||
11 | satisfy the
requirements of this
Act. Pre-license schools | ||||||
12 | licensed to offer pre-license education courses for
brokers,
| ||||||
13 | managing brokers, or leasing agents shall qualify for a | ||||||
14 | continuing education school license upon completion
of an | ||||||
15 | application
and the submission of the required fee. Every | ||||||
16 | entity that desires to obtain a
continuing education
school | ||||||
17 | license shall make application to the Department in writing in | ||||||
18 | forms prescribed by the Department
and pay
the fee prescribed | ||||||
19 | by rule. In addition to any other information required to
be | ||||||
20 | contained in the
application, every application for an original | ||||||
21 | or renewed license shall include
the applicant's Social
| ||||||
22 | Security number.
| ||||||
23 | (b) (Blank). The criteria for a continuing education | ||||||
24 | license
shall include the
following:
| ||||||
25 | (1) A sound financial base for establishing, |
| |||||||
| |||||||
1 | promoting, and delivering the
necessary
courses. Budget | ||||||
2 | planning for the School's courses should be clearly | ||||||
3 | projected.
| ||||||
4 | (2) A sufficient number of qualified, licensed | ||||||
5 | instructors as provided by
rule.
| ||||||
6 | (3) Adequate support personnel to assist with | ||||||
7 | administrative matters and
technical
assistance.
| ||||||
8 | (4) Maintenance and availability of records of | ||||||
9 | participation for
licensees.
| ||||||
10 | (5) The ability to provide each participant who | ||||||
11 | successfully completes an
approved
program with a | ||||||
12 | certificate of completion signed by the administrator of a
| ||||||
13 | licensed continuing
education school on forms provided by | ||||||
14 | the Department.
| ||||||
15 | (6) The continuing education school must have a written | ||||||
16 | policy dealing
with
procedures for the management of | ||||||
17 | grievances and fee refunds.
| ||||||
18 | (7) The continuing education school shall maintain | ||||||
19 | lesson plans and
examinations for
each course.
| ||||||
20 | (8) The continuing education school shall require a 70% | ||||||
21 | passing grade for
successful
completion of any continuing | ||||||
22 | education course.
| ||||||
23 | (9) The continuing education school shall identify and | ||||||
24 | use instructors who
will teach
in a planned program. | ||||||
25 | Suggested criteria for instructor selections include:
| ||||||
26 | (A) appropriate credentials;
|
| |||||||
| |||||||
1 | (B) competence as a teacher;
| ||||||
2 | (C) knowledge of content area; and
| ||||||
3 | (D) qualification by experience.
| ||||||
4 | (10) The continuing education school shall provide a | ||||||
5 | proctor or an electronic means of proctoring for each | ||||||
6 | examination. The continuing education school shall be | ||||||
7 | responsible for the conduct of the proctor. The duties and | ||||||
8 | responsibilities of a proctor shall be established by rule. | ||||||
9 | (11) The continuing education school must provide for | ||||||
10 | closed book examinations for each course unless the | ||||||
11 | Advisory Council excuses this requirement based on the | ||||||
12 | complexity of the course material. | ||||||
13 | (c) (Blank). Advertising and promotion of continuing | ||||||
14 | education activities must be
carried out in
a responsible | ||||||
15 | fashion, clearly showing the educational objectives of the
| ||||||
16 | activity, the nature of the
audience that may benefit from the | ||||||
17 | activity, the cost of the activity to the
participant and the | ||||||
18 | items
covered by the cost, the amount of credit that can be | ||||||
19 | earned, and the
credentials of the faculty.
| ||||||
20 | (d) (Blank). The Department may or upon request of the | ||||||
21 | Advisory Council shall, after notice,
cause a
continuing | ||||||
22 | education school to attend an informal conference before the
| ||||||
23 | Advisory Council for
failure to comply with any requirement for | ||||||
24 | licensure or for failure to comply
with any provision of
this | ||||||
25 | Act or the rules for the administration of this Act. The | ||||||
26 | Advisory Council
shall make a
recommendation to the Board as a |
| |||||||
| |||||||
1 | result of its findings at the conclusion of
any such informal
| ||||||
2 | conference.
| ||||||
3 | (e) (Blank). All continuing education schools shall | ||||||
4 | maintain these minimum criteria
and pay
the required fee in | ||||||
5 | order to retain their continuing education school license.
| ||||||
6 | (f) All education providers continuing education schools | ||||||
7 | shall submit, at the time of initial
application and
with each | ||||||
8 | license renewal, a list of courses with course materials that | ||||||
9 | comply with the course requirements in this Act to be
offered | ||||||
10 | by the education provider continuing
education school . The | ||||||
11 | Department , however, shall establish an online a mechanism by | ||||||
12 | which education providers whereby
continuing education
schools | ||||||
13 | may submit apply for and obtain approval by the Board or its | ||||||
14 | designee pre-license, post-license, or continuing education | ||||||
15 | for continuing education courses that
are submitted
after the | ||||||
16 | time of the education provider's initial license application or | ||||||
17 | renewal. All courses submitted online shall be approved or | ||||||
18 | denied within 3 days after their submission. Upon written | ||||||
19 | request to the Board by the education provider, all courses | ||||||
20 | submitted for approval online that are denied approval by the | ||||||
21 | Board's designee may be reviewed by the full Board and the full | ||||||
22 | Board may render a decision that approves of the course or | ||||||
23 | affirms the denial of the course. The Department shall provide | ||||||
24 | to each education provider
continuing education
school a | ||||||
25 | certificate for each approved pre-license, post-license, or | ||||||
26 | continuing education course. All pre-license, post-license, or
|
| |||||||
| |||||||
1 | continuing education
courses shall be valid for the period | ||||||
2 | coinciding with the term of license of
the education provider. | ||||||
3 | However, in no case shall a course continue to be valid if it | ||||||
4 | does not, at all times, meet all of the requirements of the | ||||||
5 | core curriculum established by this Act and the Board, as | ||||||
6 | modified from time to time in accordance with this Act | ||||||
7 | continuing education
school . All education providers | ||||||
8 | continuing education schools shall provide a copy of the
| ||||||
9 | certificate of the pre-license, post-license, or continuing
| ||||||
10 | education course within the course materials given to each | ||||||
11 | student or shall
display a copy of the
certificate of the | ||||||
12 | pre-license, post-license, or continuing education course in a | ||||||
13 | conspicuous place at the
location of the class.
| ||||||
14 | (g) Each education provider continuing education school | ||||||
15 | shall provide to the Department a monthly report
in a
format | ||||||
16 | determined by the Department, with information concerning | ||||||
17 | students who
successfully completed all
approved pre-license, | ||||||
18 | post-license, or continuing education courses offered by the | ||||||
19 | continuing education provider
school for the prior
month.
| ||||||
20 | (h) The Department, upon the recommendation of the Board | ||||||
21 | Advisory Council , may temporarily
suspend a licensed | ||||||
22 | continuing education provider's school's approved courses | ||||||
23 | without
hearing and refuse to
accept successful completion of | ||||||
24 | or participation in any of these pre-license, post-license, or | ||||||
25 | continuing
education courses for
continuing education credit | ||||||
26 | from that education provider school upon the failure of that
|
| |||||||
| |||||||
1 | continuing education provider school
to comply with the | ||||||
2 | provisions of this Act or the rules for the administration
of | ||||||
3 | this Act, until such
time as the Board Department receives | ||||||
4 | satisfactory assurance of compliance. The Board Department | ||||||
5 | shall notify
the continuing
education provider school of the | ||||||
6 | noncompliance and may initiate disciplinary
proceedings | ||||||
7 | pursuant to
this Act. The Department
may refuse to issue, | ||||||
8 | suspend, revoke, or otherwise discipline the license
of an a | ||||||
9 | continuing
education provider school or may withdraw approval | ||||||
10 | of a pre-license, post-license, or continuing education course | ||||||
11 | for
good cause.
Failure to comply with the requirements of this | ||||||
12 | Section or any other
requirements
established by rule shall
be | ||||||
13 | deemed to be good cause. Disciplinary proceedings shall be | ||||||
14 | conducted by the
Board in the same
manner as other disciplinary | ||||||
15 | proceedings under this Act.
| ||||||
16 | (i) Pre-license, post-license, and continuing education | ||||||
17 | courses, whether submitted for approval at the time of an | ||||||
18 | education provider's initial application for licensure or | ||||||
19 | otherwise, must meet the following minimum course | ||||||
20 | requirements: | ||||||
21 | (1) No pre-license, post-license, or continuing | ||||||
22 | education course shall be required to be longer than 2 | ||||||
23 | hours in duration; however, for each 2 hours of course time | ||||||
24 | in each course, there shall be a minimum of 100 minutes of | ||||||
25 | instruction. | ||||||
26 | (2) All core curriculum courses shall be provided only |
| |||||||
| |||||||
1 | through a live interactive webinar or online distance | ||||||
2 | education format. | ||||||
3 | (3) Courses provided through a live, interactive | ||||||
4 | webinar shall require all participants to demonstrate | ||||||
5 | their attendance in and attention to the course by | ||||||
6 | answering or responding to at least one polling question | ||||||
7 | per 30 minutes of course instruction. In no event shall the | ||||||
8 | interval between polling questions exceed 30 minutes. | ||||||
9 | (4) All participants in courses provided in an online | ||||||
10 | distance education format shall demonstrate proficiency | ||||||
11 | with the subject matter of the course through verifiable | ||||||
12 | responses to questions included in the course content. | ||||||
13 | (5) Credit for courses completed through a live | ||||||
14 | interactive webinar or online distance education shall not | ||||||
15 | require an in-person, proctored examination. | ||||||
16 | (6) Credit for courses provided through correspondence | ||||||
17 | distance education, or by home study, shall require the | ||||||
18 | passage of an in-person, proctored examination. | ||||||
19 | (j) The Department is authorized to engage a third party as | ||||||
20 | the Board's designee to perform the functions specifically | ||||||
21 | provided for in subsection (a) of this Section 5-15, namely | ||||||
22 | that of administering the online system for receipt, review, | ||||||
23 | and approval or denial of new courses. | ||||||
24 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
25 | (225 ILCS 454/30-20)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
2 | Sec. 30-20. Fees for continuing education provider school | ||||||
3 | license; renewal; term. All applications for an a continuing | ||||||
4 | education provider school license shall be
accompanied by a
| ||||||
5 | nonrefundable application fee in an amount established by rule.
| ||||||
6 | All
continuing education providers schools
shall be required to | ||||||
7 | submit a renewal application, the required fee as
established | ||||||
8 | by rule, and a
listing of the courses to be offered during the | ||||||
9 | year in order to renew their continuing
education provider | ||||||
10 | school
licenses. The term for an a continuing education | ||||||
11 | provider school license shall be 2 years
and
as established by
| ||||||
12 | rule .
The fees collected under this Article 30 shall be | ||||||
13 | deposited in the Real Estate
License Administration Fund and
| ||||||
14 | shall be used to defray the cost of administration of the | ||||||
15 | program and per diem
of the Board Advisory
Council as | ||||||
16 | determined by the Secretary.
| ||||||
17 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
18 | (225 ILCS 454/30-25)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 30-25. Licensing of continuing education provider | ||||||
21 | instructors.
| ||||||
22 | (a) No such person shall act as either a pre-license or | ||||||
23 | education provider continuing education instructor at a | ||||||
24 | continuing education school or branch without possessing a
| ||||||
25 | valid pre-license or continuing
education provider instructor |
| |||||||
| |||||||
1 | license and satisfying any other qualification criteria | ||||||
2 | established by the Department by rule.
| ||||||
3 | (a-5) Each person that is an instructor for pre-license, | ||||||
4 | continuing education core curriculum or managing broker | ||||||
5 | education courses shall meet specific criteria established by | ||||||
6 | the Department by rule. Those persons who have not met the | ||||||
7 | criteria shall only teach continuing education elective | ||||||
8 | curriculum courses. | ||||||
9 | (b) Every After the effective date of this Act, every | ||||||
10 | person who desires to obtain an a continuing education provider | ||||||
11 | instructor's license shall attend and successfully complete a | ||||||
12 | one-day instructor development workshop, as approved by the | ||||||
13 | Department . However, pre-license education provider | ||||||
14 | instructors who have complied with subsection (b) of this | ||||||
15 | Section 30-25 shall not be required to complete the instructor | ||||||
16 | workshop in order to teach continuing education elective | ||||||
17 | curriculum courses . | ||||||
18 | (b-5) The term of licensure for a pre-license or continuing | ||||||
19 | education provider instructor shall be 2 years and as | ||||||
20 | established by rule. Every person who desires to obtain a | ||||||
21 | pre-license or continuing continuing education provider | ||||||
22 | instructor
license shall make
application to the Department in | ||||||
23 | writing on forms prescribed by the Department Office , | ||||||
24 | accompanied
by the fee
prescribed by rule. In addition to any | ||||||
25 | other information required to be
contained in the application,
| ||||||
26 | every application for an original license shall include the
|
| |||||||
| |||||||
1 | applicant's Social Security
number, which shall be retained in | ||||||
2 | the agency's records pertaining to the license. As soon as | ||||||
3 | practical, the Department shall assign a customer's | ||||||
4 | identification number to each applicant for a license. | ||||||
5 | Every application for a renewal or restored license shall | ||||||
6 | require the applicant's customer identification number. | ||||||
7 | The Department shall issue a pre-license or continuing | ||||||
8 | continuing education provider instructor license to
applicants | ||||||
9 | who meet
qualification criteria established by this Act or | ||||||
10 | rule.
| ||||||
11 | (c) The Department may refuse to issue, suspend, revoke, or | ||||||
12 | otherwise discipline a
pre-license or continuing education
| ||||||
13 | instructor for good cause. Disciplinary proceedings shall be | ||||||
14 | conducted by the
Board in the same
manner as other disciplinary | ||||||
15 | proceedings under this Act. All pre-license education provider | ||||||
16 | instructors must teach at least one pre-license or continuing | ||||||
17 | education core curriculum course within the period of licensure | ||||||
18 | as a requirement for renewal of the instructor's license. All | ||||||
19 | continuing
education provider instructors
must teach at least | ||||||
20 | one course within the period of licensure or take an
instructor | ||||||
21 | training program
approved by the Department in lieu thereof as | ||||||
22 | a requirement for renewal of the instructor's license .
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23 | (d) Each course transcript submitted by an education | ||||||
24 | provider to the Department shall include the name and license | ||||||
25 | number of the pre-license or continuing education provider | ||||||
26 | instructor for the course. |
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1 | (Source: P.A. 96-856, eff. 12-31-09; 97-400, eff. 1-1-12.)
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2 | (225 ILCS 454/5-26 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (225 ILCS 454/5-85 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (225 ILCS 454/20-78 rep.)
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5 | (225 ILCS 454/30-10 rep.)
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6 | Section 10. The Real Estate License Act of 2000 is amended | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | by repealing Sections 5-26, 5-85, 20-78, and 30-10.
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8 | Section 99. Effective date. This Act takes effect January | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | 1, 2018.
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