| |||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||
1 | AN ACT concerning regulation.
| ||||||||||||||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Auction License Act is amended by changing | ||||||||||||||||||||||||||||||||||||||||||||||||
5 | Section 10-30 as follows:
| ||||||||||||||||||||||||||||||||||||||||||||||||
6 | (225 ILCS 407/10-30)
| ||||||||||||||||||||||||||||||||||||||||||||||||
7 | (Section scheduled to be repealed on January 1, 2020)
| ||||||||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 10-30. Expiration, renewal, and continuing education.
| ||||||||||||||||||||||||||||||||||||||||||||||||
9 | (a) License expiration dates, renewal periods, renewal | ||||||||||||||||||||||||||||||||||||||||||||||||
10 | fees, and procedures for renewal of licenses issued under this | ||||||||||||||||||||||||||||||||||||||||||||||||
11 | Act shall be set by rule of the Department. An entity may renew | ||||||||||||||||||||||||||||||||||||||||||||||||
12 | its license by paying the required fee and by meeting the | ||||||||||||||||||||||||||||||||||||||||||||||||
13 | renewal requirements adopted by the Department under this | ||||||||||||||||||||||||||||||||||||||||||||||||
14 | Section.
| ||||||||||||||||||||||||||||||||||||||||||||||||
15 | (b) All renewal applicants must provide proof as determined | ||||||||||||||||||||||||||||||||||||||||||||||||
16 | by the Department of having met the continuing education | ||||||||||||||||||||||||||||||||||||||||||||||||
17 | requirements by the deadline set forth by the Department by | ||||||||||||||||||||||||||||||||||||||||||||||||
18 | rule. At a minimum, the rules shall require an applicant for | ||||||||||||||||||||||||||||||||||||||||||||||||
19 | renewal licensure as an auctioneer to provide proof of the | ||||||||||||||||||||||||||||||||||||||||||||||||
20 | completion of at least 12 hours of continuing education during | ||||||||||||||||||||||||||||||||||||||||||||||||
21 | the pre-renewal period established by the Department for | ||||||||||||||||||||||||||||||||||||||||||||||||
22 | completion of continuing education preceding the expiration | ||||||||||||||||||||||||||||||||||||||||||||||||
23 | date of the license from schools approved by the Department, as |
| |||||||
| |||||||
1 | established by rule.
| ||||||
2 | (c) The Department, in its discretion, may waive | ||||||
3 | enforcement of the continuing education requirements of this | ||||||
4 | Section and shall adopt rules defining the standards and | ||||||
5 | criteria for such waiver.
| ||||||
6 | (d) (Blank).
| ||||||
7 | (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
| ||||||
8 | Section 10. The Home Inspector License Act is amended by | ||||||
9 | changing Section 5-30 as follows:
| ||||||
10 | (225 ILCS 441/5-30)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
12 | Sec. 5-30. Continuing education renewal requirements. The | ||||||
13 | continuing
education requirements for a person to renew a | ||||||
14 | license as a home inspector
shall be established by rule. The | ||||||
15 | Department shall establish a continuing education completion | ||||||
16 | deadline for home inspector licensees and require evidence of | ||||||
17 | compliance with continuing education requirements in a manner | ||||||
18 | established by rule before the renewal of a license.
| ||||||
19 | (Source: P.A. 92-239, eff. 8-3-01 .)
| ||||||
20 | Section 15. The Real Estate License Act of 2000 is amended | ||||||
21 | by changing Sections 1-10, 5-15, 5-20, 5-50, 5-70, 5-80, 10-15, | ||||||
22 | 10-20, and 20-20 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 454/1-10)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
3 | Sec. 1-10. Definitions. In this Act, unless the context | ||||||
4 | otherwise requires:
| ||||||
5 | "Act" means the Real Estate License Act of 2000.
| ||||||
6 | "Address of record" means the designated address recorded | ||||||
7 | by the Department in the applicant's or licensee's application | ||||||
8 | file or license file as maintained by the Department's | ||||||
9 | licensure maintenance unit. It is the duty of the applicant or | ||||||
10 | licensee to inform the Department of any change of address, and | ||||||
11 | those changes must be made either through the Department's | ||||||
12 | website or by contacting the Department.
| ||||||
13 | "Agency" means a relationship in which a broker or | ||||||
14 | licensee,
whether directly or through an affiliated licensee, | ||||||
15 | represents a consumer by
the consumer's consent, whether | ||||||
16 | express or implied, in a real property
transaction.
| ||||||
17 | "Applicant" means any person, as defined in this Section, | ||||||
18 | who applies to
the Department for a valid license as a managing | ||||||
19 | broker, broker, or
leasing agent.
| ||||||
20 | "Blind advertisement" means any real estate advertisement | ||||||
21 | that does not
include the sponsoring broker's business name and | ||||||
22 | that is used by any licensee
regarding the sale or lease of | ||||||
23 | real estate, including his or her own, licensed
activities, or | ||||||
24 | the hiring of any licensee under this Act. The broker's
| ||||||
25 | business name in the case of a franchise shall include the | ||||||
26 | franchise
affiliation as well as the name of the individual |
| |||||||
| |||||||
1 | firm.
| ||||||
2 | "Board" means the Real Estate Administration and | ||||||
3 | Disciplinary Board of the Department as created by Section | ||||||
4 | 25-10 of this Act.
| ||||||
5 | "Branch office" means a sponsoring broker's office other | ||||||
6 | than the sponsoring
broker's principal office.
| ||||||
7 | "Broker" means an individual, entity, corporation, foreign | ||||||
8 | or domestic partnership, limited liability company,
| ||||||
9 | corporation, or registered limited liability partnership , or | ||||||
10 | other business entity other than a leasing agent who, whether | ||||||
11 | in person or through any media or technology, for another and | ||||||
12 | for compensation, or
with the intention or expectation of | ||||||
13 | receiving compensation, either
directly or indirectly:
| ||||||
14 | (1) Sells, exchanges, purchases, rents, or leases real | ||||||
15 | estate.
| ||||||
16 | (2) Offers to sell, exchange, purchase, rent, or lease | ||||||
17 | real estate.
| ||||||
18 | (3) Negotiates, offers, attempts, or agrees to | ||||||
19 | negotiate the sale,
exchange, purchase, rental, or leasing | ||||||
20 | of real estate.
| ||||||
21 | (4) Lists, offers, attempts, or agrees to list real | ||||||
22 | estate for sale,
rent, lease, or exchange.
| ||||||
23 | (5) Buys, sells, offers to buy or sell, or otherwise | ||||||
24 | deals in options on
real estate or improvements thereon.
| ||||||
25 | (6) Supervises the collection, offer, attempt, or | ||||||
26 | agreement
to collect rent for the use of real estate.
|
| |||||||
| |||||||
1 | (7) Advertises or represents himself or herself as | ||||||
2 | being engaged in the
business of buying, selling, | ||||||
3 | exchanging, renting, or leasing real estate.
| ||||||
4 | (8) Assists or directs in procuring or referring of | ||||||
5 | leads or prospects, intended to
result in the sale, | ||||||
6 | exchange, lease, or rental of real estate.
| ||||||
7 | (9) Assists or directs in the negotiation of any | ||||||
8 | transaction intended to
result in the sale, exchange, | ||||||
9 | lease, or rental of real estate.
| ||||||
10 | (10) Opens real estate to the public for marketing | ||||||
11 | purposes.
| ||||||
12 | (11) Sells, rents, leases, or offers for sale or lease | ||||||
13 | real estate at
auction.
| ||||||
14 | (12) Prepares or provides a broker price opinion or | ||||||
15 | comparative market analysis as those terms are defined in | ||||||
16 | this Act, pursuant to the provisions of Section 10-45 of | ||||||
17 | this Act. | ||||||
18 | "Brokerage agreement" means a written or oral agreement | ||||||
19 | between a sponsoring
broker and a consumer for licensed | ||||||
20 | activities to be provided to a consumer in
return for | ||||||
21 | compensation or the right to receive compensation from another.
| ||||||
22 | Brokerage agreements may constitute either a bilateral or a | ||||||
23 | unilateral
agreement between the broker and the broker's client | ||||||
24 | depending upon the content
of the brokerage agreement. All | ||||||
25 | exclusive brokerage agreements shall be in
writing.
| ||||||
26 | "Broker price opinion" means an estimate or analysis of the |
| |||||||
| |||||||
1 | probable selling price of a particular interest in real estate, | ||||||
2 | which may provide a varying level of detail about the | ||||||
3 | property's condition, market, and neighborhood and information | ||||||
4 | on comparable sales. The activities of a real estate broker or | ||||||
5 | managing broker engaging in the ordinary course of business as | ||||||
6 | a broker, as defined in this Section, shall not be considered a | ||||||
7 | broker price opinion if no compensation is paid to the broker | ||||||
8 | or managing broker, other than compensation based upon the sale | ||||||
9 | or rental of real estate. | ||||||
10 | "Client" means a person who is being represented by a | ||||||
11 | licensee.
| ||||||
12 | "Comparative market analysis" is an analysis or opinion | ||||||
13 | regarding pricing, marketing, or financial aspects relating to | ||||||
14 | a specified interest or interests in real estate that may be | ||||||
15 | based upon an analysis of comparative market data, the | ||||||
16 | expertise of the real estate broker or managing broker, and | ||||||
17 | such other factors as the broker or managing broker may deem | ||||||
18 | appropriate in developing or preparing such analysis or | ||||||
19 | opinion. The activities of a real estate broker or managing | ||||||
20 | broker engaging in the ordinary course of business as a broker, | ||||||
21 | as defined in this Section, shall not be considered a | ||||||
22 | comparative market analysis if no compensation is paid to the | ||||||
23 | broker or managing broker, other than compensation based upon | ||||||
24 | the sale or rental of real estate. | ||||||
25 | "Compensation" means the valuable consideration given by | ||||||
26 | one person or entity
to another person or entity in exchange |
| |||||||
| |||||||
1 | for the performance of some activity or
service. Compensation | ||||||
2 | shall include the transfer of valuable consideration,
| ||||||
3 | including without limitation the following:
| ||||||
4 | (1) commissions;
| ||||||
5 | (2) referral fees;
| ||||||
6 | (3) bonuses;
| ||||||
7 | (4) prizes;
| ||||||
8 | (5) merchandise;
| ||||||
9 | (6) finder fees;
| ||||||
10 | (7) performance of services;
| ||||||
11 | (8) coupons or gift certificates;
| ||||||
12 | (9) discounts;
| ||||||
13 | (10) rebates;
| ||||||
14 | (11) a chance to win a raffle, drawing, lottery, or | ||||||
15 | similar game of chance
not prohibited by any other law or | ||||||
16 | statute;
| ||||||
17 | (12) retainer fee; or
| ||||||
18 | (13) salary.
| ||||||
19 | "Confidential information" means information obtained by a | ||||||
20 | licensee from a
client during the term of a brokerage agreement | ||||||
21 | that (i) was made confidential
by the written request or | ||||||
22 | written instruction of the client, (ii) deals with
the | ||||||
23 | negotiating position of the client, or (iii) is information the | ||||||
24 | disclosure
of which could materially harm the negotiating | ||||||
25 | position of the client, unless
at any time:
| ||||||
26 | (1) the client permits the disclosure of information |
| |||||||
| |||||||
1 | given by that client
by word or conduct;
| ||||||
2 | (2) the disclosure is required by law; or
| ||||||
3 | (3) the information becomes public from a source other | ||||||
4 | than the licensee.
| ||||||
5 | "Confidential information" shall not be considered to | ||||||
6 | include material
information about the physical condition of | ||||||
7 | the property.
| ||||||
8 | "Consumer" means a person or entity seeking or receiving | ||||||
9 | licensed
activities.
| ||||||
10 | "Coordinator" means the Coordinator of Real Estate created | ||||||
11 | in Section 25-15 of this Act.
| ||||||
12 | "Credit hour" means 50 minutes of classroom instruction in | ||||||
13 | course work that
meets the requirements set forth in rules | ||||||
14 | adopted by the Department.
| ||||||
15 | "Customer" means a consumer who is not being represented by | ||||||
16 | the licensee but
for whom the licensee is performing | ||||||
17 | ministerial acts.
| ||||||
18 | "Department" means the Department of Financial and | ||||||
19 | Professional Regulation. | ||||||
20 | "Designated agency" means a contractual relationship | ||||||
21 | between a sponsoring
broker and a client under Section 15-50 of | ||||||
22 | this Act in which one or more
licensees associated with or | ||||||
23 | employed by the broker are designated as agent of
the client.
| ||||||
24 | "Designated agent" means a sponsored licensee named by a | ||||||
25 | sponsoring broker as
the legal agent of a client, as provided | ||||||
26 | for in Section 15-50 of this Act.
|
| |||||||
| |||||||
1 | "Dual agency" means an agency relationship in which a | ||||||
2 | licensee is
representing both buyer and seller or both landlord | ||||||
3 | and tenant in the same
transaction. When the agency | ||||||
4 | relationship is a designated agency, the
question of whether | ||||||
5 | there is a dual agency shall be determined by the agency
| ||||||
6 | relationships of the designated agent of the parties and not of | ||||||
7 | the sponsoring
broker.
| ||||||
8 | "Education provider" means a school licensed by the | ||||||
9 | Department offering courses in pre-license, post-license, or | ||||||
10 | continuing education required by this Act. | ||||||
11 | "Employee" or other derivative of the word "employee", when | ||||||
12 | used to refer to,
describe, or delineate the relationship | ||||||
13 | between a sponsoring broker and a managing broker, broker, or a | ||||||
14 | leasing agent, shall be
construed to include an independent | ||||||
15 | contractor relationship, provided that a
written agreement | ||||||
16 | exists that clearly establishes and states the relationship.
| ||||||
17 | All responsibilities of a broker shall remain.
| ||||||
18 | "Escrow moneys" means all moneys, promissory notes or any | ||||||
19 | other type or
manner of legal tender or financial consideration | ||||||
20 | deposited with any person for
the benefit of the parties to the | ||||||
21 | transaction. A transaction exists once an
agreement has been | ||||||
22 | reached and an accepted real estate contract signed or lease
| ||||||
23 | agreed to by the parties. Escrow moneys includes without | ||||||
24 | limitation earnest
moneys and security deposits, except those | ||||||
25 | security deposits in which the
person holding the security | ||||||
26 | deposit is also the sole owner of the property
being leased and |
| |||||||
| |||||||
1 | for which the security deposit is being held.
| ||||||
2 | "Electronic means of proctoring" means a methodology | ||||||
3 | providing assurance that the person taking a test and | ||||||
4 | completing the answers to questions is the person seeking | ||||||
5 | licensure or credit for continuing education and is doing so | ||||||
6 | without the aid of a third party or other device. | ||||||
7 | "Exclusive brokerage agreement" means a written brokerage | ||||||
8 | agreement that provides that the sponsoring broker has the sole | ||||||
9 | right, through one or more sponsored licensees, to act as the | ||||||
10 | exclusive designated agent or representative of the client and | ||||||
11 | that meets the requirements of Section 15-75 of this Act.
| ||||||
12 | "Inoperative" means a status of licensure where the | ||||||
13 | licensee holds a current
license under this Act, but the | ||||||
14 | licensee is prohibited from engaging in
licensed activities | ||||||
15 | because the licensee is unsponsored or the license of the
| ||||||
16 | sponsoring broker with whom the licensee is associated or by | ||||||
17 | whom he or she is
employed is currently expired, revoked, | ||||||
18 | suspended, or otherwise rendered
invalid under this Act.
| ||||||
19 | "Interactive delivery method" means delivery of a course by | ||||||
20 | an instructor through a medium allowing for 2-way communication | ||||||
21 | between the instructor and a student in which either can | ||||||
22 | initiate or respond to questions. | ||||||
23 | "Leads" means the name or names of a potential buyer, | ||||||
24 | seller, lessor, lessee, or client of a licensee. | ||||||
25 | "Leasing Agent" means a person who is employed by a broker | ||||||
26 | to
engage in licensed activities limited to leasing residential |
| |||||||
| |||||||
1 | real estate who
has obtained a license as provided for in | ||||||
2 | Section 5-5 of this Act.
| ||||||
3 | "License" means the document issued by the Department | ||||||
4 | certifying that the person named
thereon has fulfilled all | ||||||
5 | requirements prerequisite to licensure under this
Act.
| ||||||
6 | "Licensed activities" means those activities listed in the | ||||||
7 | definition of
"broker" under this Section.
| ||||||
8 | "Licensee" means any person, as defined in this Section, | ||||||
9 | who holds a
valid unexpired license as a managing broker, | ||||||
10 | broker, or
leasing agent.
| ||||||
11 | "Listing presentation" means a communication between a | ||||||
12 | managing broker or
broker and a consumer in which the licensee | ||||||
13 | is attempting to secure a
brokerage agreement with the consumer | ||||||
14 | to market the consumer's real estate for
sale or lease.
| ||||||
15 | "Managing broker" means a broker who has supervisory | ||||||
16 | responsibilities for
licensees in one or, in the case of a | ||||||
17 | multi-office company, more than one
office and who has been | ||||||
18 | appointed as such by the sponsoring broker.
| ||||||
19 | "Medium of advertising" means any method of communication | ||||||
20 | intended to
influence the general public to use or purchase a | ||||||
21 | particular good or service or
real estate.
| ||||||
22 | "Ministerial acts" means those acts that a licensee may | ||||||
23 | perform for a
consumer that are informative or clerical in | ||||||
24 | nature and do not rise to the
level of active representation on | ||||||
25 | behalf of a consumer. Examples of these acts
include without | ||||||
26 | limitation (i) responding to phone inquiries by consumers as to
|
| |||||||
| |||||||
1 | the availability and pricing of brokerage services, (ii) | ||||||
2 | responding to phone
inquiries from a consumer concerning the | ||||||
3 | price or location of property, (iii)
attending an open house | ||||||
4 | and responding to questions about the property from a
consumer, | ||||||
5 | (iv) setting an appointment to view property, (v) responding to
| ||||||
6 | questions of consumers walking into a licensee's office | ||||||
7 | concerning brokerage
services offered or particular | ||||||
8 | properties, (vi) accompanying an appraiser,
inspector, | ||||||
9 | contractor, or similar third party on a visit to a property, | ||||||
10 | (vii)
describing a property or the property's condition in | ||||||
11 | response to a consumer's
inquiry, (viii) completing business or | ||||||
12 | factual information for a consumer on an
offer or contract to | ||||||
13 | purchase on behalf of a client, (ix) showing a client
through a | ||||||
14 | property being sold by an owner on his or her own behalf, or | ||||||
15 | (x)
referral to another broker or service provider.
| ||||||
16 | "Office" means a broker's place of business where the | ||||||
17 | general
public is invited to transact business and where | ||||||
18 | records may be maintained and
licenses displayed, whether or | ||||||
19 | not it is the broker's principal place of
business.
| ||||||
20 | "Person" means and includes individuals, entities, | ||||||
21 | corporations, limited
liability companies, registered limited | ||||||
22 | liability partnerships, foreign or domestic and
partnerships , | ||||||
23 | and other business entities , foreign or domestic, except that | ||||||
24 | when the context otherwise
requires, the term may refer to a | ||||||
25 | single individual or other described entity.
| ||||||
26 | "Personal assistant" means a licensed or unlicensed person |
| |||||||
| |||||||
1 | who has been hired
for the purpose of aiding or assisting a | ||||||
2 | sponsored licensee in the performance
of the sponsored | ||||||
3 | licensee's job.
| ||||||
4 | "Pocket card" means the card issued by the Department to | ||||||
5 | signify that the person named
on the card is currently licensed | ||||||
6 | under this Act.
| ||||||
7 | "Pre-renewal period" means the period between the date of | ||||||
8 | issue of a
currently valid license and the license's expiration | ||||||
9 | date.
| ||||||
10 | "Proctor" means any person, including, but not limited to, | ||||||
11 | an instructor, who has a written agreement to administer | ||||||
12 | examinations fairly and impartially with a licensed education | ||||||
13 | provider. | ||||||
14 | "Real estate" means and includes leaseholds as well as any | ||||||
15 | other interest or
estate in land, whether corporeal, | ||||||
16 | incorporeal, freehold, or non-freehold and whether the real | ||||||
17 | estate is situated in this
State or elsewhere. "Real estate" | ||||||
18 | does not include property sold, exchanged, or leased as a | ||||||
19 | timeshare or similar vacation item or interest, vacation club | ||||||
20 | membership, or other activity formerly regulated under the Real | ||||||
21 | Estate Timeshare Act of 1999 (repealed).
| ||||||
22 | "Regular employee" means a person working an average of 20 | ||||||
23 | hours per week for a person or entity who would be considered | ||||||
24 | as an employee under the Internal Revenue Service eleven main | ||||||
25 | tests in three categories being behavioral control, financial | ||||||
26 | control and the type of relationship of the parties, formerly |
| |||||||
| |||||||
1 | the twenty factor test.
| ||||||
2 | "Secretary" means the Secretary of the Department of | ||||||
3 | Financial and Professional Regulation, or a person authorized | ||||||
4 | by the Secretary to act in the Secretary's stead. | ||||||
5 | "Sponsoring broker" means the broker who has issued a | ||||||
6 | sponsor card to a
licensed managing broker, broker, or a | ||||||
7 | leasing agent.
| ||||||
8 | "Sponsor card" means the temporary permit issued by the | ||||||
9 | sponsoring broker certifying that the managing broker, broker,
| ||||||
10 | or leasing agent named thereon is employed by or associated by | ||||||
11 | written
agreement with the sponsoring broker, as provided for | ||||||
12 | in Section
5-40 of this Act.
| ||||||
13 | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18; | ||||||
14 | 100-534, eff. 9-22-17; revised 10-2-17.)
| ||||||
15 | (225 ILCS 454/5-15)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
17 | Sec. 5-15. Necessity of managing broker, broker, or leasing | ||||||
18 | agent license
or sponsor card; ownership
restrictions. | ||||||
19 | (a) It is unlawful for any person , corporation, limited | ||||||
20 | liability company,
registered limited liability partnership, | ||||||
21 | or partnership to act as
a managing broker, broker, or leasing | ||||||
22 | agent or to advertise
or assume to act as such
managing broker, | ||||||
23 | broker or leasing agent without a properly issued sponsor card | ||||||
24 | or
a license issued
under this Act by the Department, either | ||||||
25 | directly or through its authorized designee.
|
| |||||||
| |||||||
1 | (b) No corporation shall be granted a license or engage in | ||||||
2 | the business or
capacity, either
directly or indirectly, of a | ||||||
3 | broker, unless every officer of the
corporation who actively
| ||||||
4 | participates in the real estate activities of the corporation | ||||||
5 | holds a license
as a managing broker or broker
and unless every | ||||||
6 | employee who acts as a managing broker, broker, or leasing | ||||||
7 | agent for the
corporation holds a
license as a managing broker, | ||||||
8 | broker, or leasing agent. All nonparticipating owners or | ||||||
9 | officers shall submit an affidavit of nonparticipation as may | ||||||
10 | be required by the Department.
| ||||||
11 | (c) No partnership shall be granted a license or engage in | ||||||
12 | the business or
serve in the capacity,
either directly or | ||||||
13 | indirectly, of a broker, unless every general
partner in the | ||||||
14 | partnership who actively participates in the real estate | ||||||
15 | activities of the partnership
holds a license as a managing | ||||||
16 | broker or broker and unless every employee who acts as a
| ||||||
17 | managing broker, broker, or
leasing agent for the partnership | ||||||
18 | holds a license as a managing broker, broker,
or leasing
agent. | ||||||
19 | All nonparticipating partners shall submit an affidavit of | ||||||
20 | nonparticipation as may be required by the Department. In the | ||||||
21 | case of a registered limited liability partnership (LLP), every
| ||||||
22 | partner in the LLP that actively participates in the real | ||||||
23 | estate activities of the limited liability partnership
must | ||||||
24 | hold a license as a managing broker or broker and every | ||||||
25 | employee who acts as a
managing broker, broker, or leasing
| ||||||
26 | agent must hold a license as a managing broker, broker, or |
| |||||||
| |||||||
1 | leasing
agent. All nonparticipating limited liability partners | ||||||
2 | shall submit an affidavit of nonparticipation as may be | ||||||
3 | required by the Department.
| ||||||
4 | (d) No limited liability company shall be granted a license | ||||||
5 | or engage in the
business or serve in
the capacity, either | ||||||
6 | directly or indirectly, of a broker unless
every member or | ||||||
7 | manager in
the limited liability company that actively | ||||||
8 | participates in the real estate activities of the limited | ||||||
9 | liability company or every member in a member managed limited | ||||||
10 | liability company holds a license as a managing broker or | ||||||
11 | broker and
unless every other member and employee who
acts as a | ||||||
12 | managing broker, broker, or leasing agent for the limited | ||||||
13 | liability company holds
a license as a managing broker, broker, | ||||||
14 | or leasing agent. All nonparticipating members or managers | ||||||
15 | shall submit an affidavit of nonparticipation as may be | ||||||
16 | required by the Department.
| ||||||
17 | (e) (Blank). No partnership, limited liability company, or | ||||||
18 | corporation shall be
licensed to conduct a
brokerage business | ||||||
19 | where an individual leasing agent, or group
of
leasing agents, | ||||||
20 | owns or directly or indirectly controls more than 49% of the
| ||||||
21 | shares of stock or
other ownership in the partnership, limited | ||||||
22 | liability company, or corporation.
| ||||||
23 | (f) No person shall be granted a license if an owner, | ||||||
24 | officer, director, partner, limited liability partner, member, | ||||||
25 | manager, or any other participating or nonparticipating | ||||||
26 | individual has been denied a real estate license or is |
| |||||||
| |||||||
1 | otherwise barred from real estate practice because of a | ||||||
2 | suspension or revocation. | ||||||
3 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
4 | (225 ILCS 454/5-20)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
6 | Sec. 5-20. Exemptions from managing broker, broker, or | ||||||
7 | leasing agent license
requirement. The requirement for holding | ||||||
8 | a license under this Article 5 shall
not apply to:
| ||||||
9 | (1) Any person , partnership, or corporation that as | ||||||
10 | owner or lessor performs
any of the acts described in the | ||||||
11 | definition of "broker" under Section 1-10 of
this Act with | ||||||
12 | reference to property owned or leased by it, or to the | ||||||
13 | regular
employees thereof with respect to the property so | ||||||
14 | owned or leased, where such
acts are performed in the | ||||||
15 | regular course of or as an incident to the
management, | ||||||
16 | sale, or other disposition of such property and the | ||||||
17 | investment
therein, provided that such regular employees | ||||||
18 | do not perform any of the acts
described in the definition | ||||||
19 | of "broker" under Section 1-10 of this Act in
connection | ||||||
20 | with a vocation of selling or leasing any real estate or | ||||||
21 | the
improvements thereon not so owned or leased.
| ||||||
22 | (2) An attorney in fact acting under a duly executed | ||||||
23 | and recorded power of
attorney to convey real estate from | ||||||
24 | the owner or lessor or the services
rendered by an attorney | ||||||
25 | at law in the performance of the attorney's duty as an
|
| |||||||
| |||||||
1 | attorney at law.
| ||||||
2 | (3) Any person acting as receiver, trustee in | ||||||
3 | bankruptcy, administrator,
executor, or guardian or while | ||||||
4 | acting under a court order or under the
authority of a will | ||||||
5 | or testamentary trust.
| ||||||
6 | (4) Any person acting as a resident manager for the | ||||||
7 | owner or any employee
acting as the resident manager for a | ||||||
8 | broker managing an apartment building,
duplex, or | ||||||
9 | apartment complex, when the resident manager resides on the
| ||||||
10 | premises, the premises is his or her primary residence, and | ||||||
11 | the resident
manager is engaged in the leasing of the | ||||||
12 | property of which he or she is the
resident manager.
| ||||||
13 | (5) Any officer or employee of a federal agency in the | ||||||
14 | conduct of official
duties.
| ||||||
15 | (6) Any officer or employee of the State government or | ||||||
16 | any political
subdivision thereof performing official | ||||||
17 | duties.
| ||||||
18 | (7) Any multiple listing service or other similar | ||||||
19 | information exchange that is
engaged in the collection
and | ||||||
20 | dissemination of information concerning real estate | ||||||
21 | available for sale,
purchase, lease, or
exchange for the | ||||||
22 | purpose of providing licensees with a system by which | ||||||
23 | licensees may cooperatively share information along with | ||||||
24 | which no other licensed activities, as defined in Section | ||||||
25 | 1-10 of this Act, are provided.
| ||||||
26 | (8) Railroads and other public utilities regulated by |
| |||||||
| |||||||
1 | the State of Illinois,
or the officers or full time | ||||||
2 | employees thereof, unless the performance of any
licensed | ||||||
3 | activities is in connection with the sale, purchase, lease, | ||||||
4 | or other
disposition of real estate or investment therein | ||||||
5 | not needing the approval of
the appropriate State | ||||||
6 | regulatory authority.
| ||||||
7 | (9) Any medium of advertising in the routine course of | ||||||
8 | selling or publishing
advertising along with which no other | ||||||
9 | licensed activities, as defined in Section 1-10 of this | ||||||
10 | Act, are provided.
| ||||||
11 | (10) Any resident lessee of a residential dwelling unit | ||||||
12 | who refers for
compensation to the owner of the dwelling | ||||||
13 | unit, or to the owner's agent,
prospective lessees of | ||||||
14 | dwelling units in the same building or complex as the
| ||||||
15 | resident lessee's unit, but only if the resident lessee (i) | ||||||
16 | refers no more than
3 prospective lessees in any 12-month | ||||||
17 | period, (ii) receives compensation of no
more than $1,500 | ||||||
18 | or the equivalent of one month's rent, whichever is less, | ||||||
19 | in
any 12-month period, and (iii) limits his or her | ||||||
20 | activities to referring
prospective lessees to the owner, | ||||||
21 | or the owner's agent, and does not show a
residential | ||||||
22 | dwelling unit to a prospective lessee, discuss terms or | ||||||
23 | conditions
of leasing a dwelling unit with a prospective | ||||||
24 | lessee, or otherwise participate
in the negotiation of the | ||||||
25 | leasing of a dwelling unit.
| ||||||
26 | (11) The purchase, sale, or transfer of a timeshare or |
| |||||||
| |||||||
1 | similar vacation item or interest, vacation club | ||||||
2 | membership, or other activity formerly regulated under the | ||||||
3 | Real Estate Timeshare Act of 1999 (repealed).
| ||||||
4 | (12) (Blank).
| ||||||
5 | (13) Any person who is licensed without examination | ||||||
6 | under
Section 10-25 (now repealed) of the Auction License | ||||||
7 | Act is exempt from holding a managing broker's or
broker's | ||||||
8 | license under this Act for the limited purpose of selling | ||||||
9 | or
leasing real estate at auction, so long as:
| ||||||
10 | (A) that person has made application for said | ||||||
11 | exemption by July 1, 2000;
| ||||||
12 | (B) that person verifies to the Department that he | ||||||
13 | or she has sold real estate
at auction for a period of | ||||||
14 | 5 years prior to licensure as an auctioneer;
| ||||||
15 | (C) the person has had no lapse in his or her | ||||||
16 | license as an
auctioneer; and
| ||||||
17 | (D) the license issued under the Auction License | ||||||
18 | Act has not been
disciplined for violation of those | ||||||
19 | provisions of Article 20 of the Auction
License Act | ||||||
20 | dealing with or related to the sale or lease of real | ||||||
21 | estate at
auction.
| ||||||
22 | (14) A person who holds a valid license under the | ||||||
23 | Auction License Act and a valid real estate auction | ||||||
24 | certification and conducts auctions for the sale of real | ||||||
25 | estate under Section 5-32 of this Act. | ||||||
26 | (15) A hotel operator who is registered with the |
| |||||||
| |||||||
1 | Illinois Department of
Revenue and pays taxes under the | ||||||
2 | Hotel Operators' Occupation Tax Act and rents
a room or | ||||||
3 | rooms in a hotel as defined in the Hotel Operators' | ||||||
4 | Occupation Tax
Act for a period of not more than 30 | ||||||
5 | consecutive days and not more than 60 days
in a calendar | ||||||
6 | year.
| ||||||
7 | (Source: P.A. 99-227, eff. 8-3-15; 100-534, eff. 9-22-17.)
| ||||||
8 | (225 ILCS 454/5-50)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
10 | Sec. 5-50. Expiration and renewal of managing broker, | ||||||
11 | broker, or
leasing agent license; sponsoring broker;
register | ||||||
12 | of licensees; pocket card. | ||||||
13 | (a) The expiration date and renewal period for each license | ||||||
14 | issued under
this Act shall be set by
rule. Except as otherwise | ||||||
15 | provided in this Section, the holder of
a
license may renew
the | ||||||
16 | license within 90 days preceding the expiration date thereof by | ||||||
17 | completing the continuing education required by this Act during | ||||||
18 | the period established by the Department and paying the
fees | ||||||
19 | specified by
rule.
| ||||||
20 | (b) An individual whose first license is that of a broker | ||||||
21 | received on or after the effective date of this amendatory Act | ||||||
22 | of the 100th General Assembly, must provide evidence of having | ||||||
23 | completed 30 hours of post-license education in courses | ||||||
24 | recommended by the Board and approved by the Department, 15 | ||||||
25 | hours of which must consist of situational and case studies |
| |||||||
| |||||||
1 | presented in a classroom or a live, interactive webinar, online | ||||||
2 | distance education course, or home study course. Credit for | ||||||
3 | courses taken through a home study course shall require passage | ||||||
4 | of an examination approved by the Department prior to the first | ||||||
5 | renewal of their broker's license.
| ||||||
6 | (c) Any managing broker, broker, or leasing agent whose | ||||||
7 | license under this Act has expired shall be eligible to renew | ||||||
8 | the license during the 2-year period following the expiration | ||||||
9 | date, provided the managing broker, broker, or leasing agent | ||||||
10 | pays the fees as prescribed by rule and completes continuing | ||||||
11 | education and other requirements provided for by the Act or by | ||||||
12 | rule. Beginning on May 1, 2012, a managing broker licensee, | ||||||
13 | broker, or leasing agent whose license has been expired for | ||||||
14 | more than 2 years but less than 5 years may have it restored by | ||||||
15 | (i) applying to the Department, (ii) paying the required fee, | ||||||
16 | (iii) completing the continuing education requirements for the | ||||||
17 | most recent pre-renewal period that ended prior to the date of | ||||||
18 | the application for reinstatement, and (iv) filing acceptable | ||||||
19 | proof of fitness to have his or her license restored, as set by | ||||||
20 | rule. A managing broker, broker, or leasing agent whose license | ||||||
21 | has been expired for more than 5 years shall be required to | ||||||
22 | meet the requirements for a new license.
| ||||||
23 | (d) Notwithstanding any other provisions of this Act to the | ||||||
24 | contrary, any managing broker, broker, or leasing agent whose | ||||||
25 | license expired while he or she was (i) on active duty with the | ||||||
26 | Armed Forces of the United States or called into service or |
| |||||||
| |||||||
1 | training by the state militia, (ii) engaged in training or | ||||||
2 | education under the supervision of the United States | ||||||
3 | preliminary to induction into military service, or (iii) | ||||||
4 | serving as the Coordinator of Real Estate in the State of | ||||||
5 | Illinois or as an employee of the Department may have his or | ||||||
6 | her license renewed, reinstated or restored without paying any | ||||||
7 | lapsed renewal fees if within 2 years after the termination of | ||||||
8 | the service, training or education by furnishing the Department | ||||||
9 | with satisfactory evidence of service, training, or education | ||||||
10 | and it has been terminated under honorable conditions. | ||||||
11 | (e) The Department shall establish and
maintain a register | ||||||
12 | of all persons currently licensed by the
State and shall issue | ||||||
13 | and prescribe a form of pocket card. Upon payment by a licensee | ||||||
14 | of the appropriate fee as prescribed by
rule for engagement in | ||||||
15 | the activity for which the licensee is
qualified and holds a | ||||||
16 | license for the current period, the
Department shall issue a | ||||||
17 | pocket card to the licensee. The
pocket card shall be | ||||||
18 | verification that the required fee for the
current period has | ||||||
19 | been paid and shall indicate that the person named thereon is | ||||||
20 | licensed for the current renewal period as a
managing broker, | ||||||
21 | broker, or leasing agent as the
case may be. The pocket card | ||||||
22 | shall further indicate that the
person named thereon is | ||||||
23 | authorized by the Department to
engage in the licensed activity | ||||||
24 | appropriate for his or her
status (managing broker, broker, or | ||||||
25 | leasing
agent). Each licensee shall carry on his or her person | ||||||
26 | his or
her pocket card or, if such pocket card has not yet been
|
| |||||||
| |||||||
1 | issued, a properly issued sponsor card when engaging in any
| ||||||
2 | licensed activity and shall display the same on demand. | ||||||
3 | (f) The Department shall provide to the sponsoring broker a | ||||||
4 | notice of renewal for all sponsored licensees by mailing the | ||||||
5 | notice to the sponsoring broker's address of record, or, at the | ||||||
6 | Department's discretion, by an electronic means as provided for | ||||||
7 | by rule. | ||||||
8 | (g) Upon request from the sponsoring broker, the Department | ||||||
9 | shall make available to the sponsoring broker, either by mail | ||||||
10 | or by an electronic means at the discretion of the Department, | ||||||
11 | a listing of licensees under this Act who, according to the | ||||||
12 | records of the Department, are sponsored by that broker. Every | ||||||
13 | licensee associated with or employed by a broker whose license | ||||||
14 | is revoked, suspended, terminated, or expired shall be | ||||||
15 | considered as inoperative until such time as the sponsoring | ||||||
16 | broker's license is reinstated or renewed, or the licensee | ||||||
17 | changes employment as set forth in subsection (c) of Section | ||||||
18 | 5-40 of this Act. | ||||||
19 | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18 .)
| ||||||
20 | (225 ILCS 454/5-70)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
22 | Sec. 5-70. Continuing education requirement; managing | ||||||
23 | broker or broker.
| ||||||
24 | (a) The requirements of this Section apply to all managing | ||||||
25 | brokers and brokers.
|
| |||||||
| |||||||
1 | (b) Except as otherwise
provided in this Section, each
| ||||||
2 | person who applies for renewal of his or her license as a | ||||||
3 | managing broker or broker must successfully complete 6 hours of | ||||||
4 | real estate continuing education
courses recommended by the | ||||||
5 | Board and approved by
the Department for each year of the | ||||||
6 | pre-renewal period. The courses shall be completed during the | ||||||
7 | period established by the Department by rule. In addition, | ||||||
8 | beginning with the pre-renewal period for managing broker | ||||||
9 | licensees that begins after the effective date of this Act, | ||||||
10 | those licensees renewing or obtaining a managing broker's | ||||||
11 | license must successfully complete a 12-hour broker management | ||||||
12 | continuing education course approved by the Department each | ||||||
13 | pre-renewal period. The broker management continuing education | ||||||
14 | course must be completed in the classroom or by other | ||||||
15 | interactive delivery method between the instructor and the | ||||||
16 | students and during the period established by the Department by | ||||||
17 | rule . Successful completion of the course shall include | ||||||
18 | achieving a passing score as provided by rule on a test | ||||||
19 | developed and administered in accordance with rules adopted by | ||||||
20 | the Department. No
license may be renewed
except upon the | ||||||
21 | successful completion of the required courses or their
| ||||||
22 | equivalent or upon a waiver
of those requirements for good | ||||||
23 | cause shown as determined by the Secretary
with the
| ||||||
24 | recommendation of the Board.
The requirements of this Article | ||||||
25 | are applicable to all managing brokers and brokers
except those | ||||||
26 | managing brokers
and brokers who, during the pre-renewal |
| |||||||
| |||||||
1 | period:
| ||||||
2 | (1) serve in the armed services of the United States;
| ||||||
3 | (2) serve as an elected State or federal official;
| ||||||
4 | (3) serve as a full-time employee of the Department; or
| ||||||
5 | (4) are admitted to practice law pursuant to Illinois | ||||||
6 | Supreme Court rule.
| ||||||
7 | (c) (Blank). | ||||||
8 | (d) A
person receiving an initial license
during the 90 | ||||||
9 | days before the renewal date shall not be
required to complete | ||||||
10 | the continuing
education courses provided for in subsection (b) | ||||||
11 | of this
Section as a condition of initial license renewal.
| ||||||
12 | (e) The continuing education requirement for brokers and | ||||||
13 | managing brokers shall
consist of a single core
curriculum and | ||||||
14 | an elective curriculum, to be recommended by the Board and | ||||||
15 | approved by the Department in accordance with this subsection. | ||||||
16 | The core curriculum shall not be further divided into | ||||||
17 | subcategories or divisions of instruction. The core curriculum | ||||||
18 | shall consist of 4 hours per 2-year pre-renewal period on | ||||||
19 | subjects that may include, but are not limited to, advertising, | ||||||
20 | agency, disclosures, escrow, fair housing, leasing agent | ||||||
21 | management, and license law. The amount of time allotted to | ||||||
22 | each of these subjects shall be recommended by the Board and | ||||||
23 | determined by the Department. The Department, upon the | ||||||
24 | recommendation of the Board, shall review the core curriculum | ||||||
25 | every 4 years, at a minimum, and shall revise the curriculum if | ||||||
26 | necessary. However, the core curriculum's total hourly |
| |||||||
| |||||||
1 | requirement shall only be subject to change by amendment of | ||||||
2 | this subsection, and any change to the core curriculum shall | ||||||
3 | not be effective for a period of 6 months after such change is | ||||||
4 | made by the Department. The Department shall provide notice to | ||||||
5 | all approved education providers of any changes to the core | ||||||
6 | curriculum. When determining whether revisions of the core | ||||||
7 | curriculum's subjects or specific time requirements are | ||||||
8 | necessary, the Board shall consider
recent changes in | ||||||
9 | applicable laws, new laws, and areas
of the license law and the | ||||||
10 | Department policy that the Board deems appropriate,
and any | ||||||
11 | other subject
areas the Board deems timely and applicable in | ||||||
12 | order to prevent
violations of this Act
and to protect the | ||||||
13 | public.
In establishing a recommendation to the Department | ||||||
14 | regarding the elective curriculum, the Board shall consider
| ||||||
15 | subjects that cover
the various aspects of the practice of real | ||||||
16 | estate that are covered under the
scope of this Act.
| ||||||
17 | (f) The subject areas of continuing education courses | ||||||
18 | recommended by the Board and approved by the Department shall | ||||||
19 | be meant to protect the professionalism of the industry, the | ||||||
20 | consumer, and the public and prevent violations of this Act and
| ||||||
21 | may
include without limitation the following:
| ||||||
22 | (1) license law and escrow;
| ||||||
23 | (2) antitrust;
| ||||||
24 | (3) fair housing;
| ||||||
25 | (4) agency;
| ||||||
26 | (5) appraisal;
|
| |||||||
| |||||||
1 | (6) property management;
| ||||||
2 | (7) residential brokerage;
| ||||||
3 | (8) farm property management;
| ||||||
4 | (9) rights and duties of sellers, buyers, and brokers;
| ||||||
5 | (10) commercial brokerage and leasing;
| ||||||
6 | (11) real estate financing;
| ||||||
7 | (12) disclosures; | ||||||
8 | (13) leasing agent management; and | ||||||
9 | (14) advertising. | ||||||
10 | (g) In lieu of credit for those courses listed in | ||||||
11 | subsection (f) of this
Section, credit may be
earned for | ||||||
12 | serving as a licensed instructor in an approved course of | ||||||
13 | continuing
education. The
amount of credit earned for teaching | ||||||
14 | a course shall be the amount of continuing
education credit for
| ||||||
15 | which the course is approved for licensees taking the course.
| ||||||
16 | (h) Credit hours may be earned for self-study programs | ||||||
17 | approved by the Department.
| ||||||
18 | (i) A managing broker or broker may earn credit for a | ||||||
19 | specific continuing
education course only
once during the | ||||||
20 | pre-renewal period.
| ||||||
21 | (j) No more than 6 hours of continuing education credit may | ||||||
22 | be taken in one
calendar day.
| ||||||
23 | (k) To promote the offering of a uniform and consistent | ||||||
24 | course content, the Department may provide for the development | ||||||
25 | of a single broker management course to be offered by all | ||||||
26 | education providers who choose to offer the broker management |
| |||||||
| |||||||
1 | continuing education course. The Department may contract for | ||||||
2 | the development of the 12-hour broker management continuing | ||||||
3 | education course with an outside vendor or consultant and, if | ||||||
4 | the course is developed in this manner, the Department or the | ||||||
5 | outside consultant shall license the use of that course to all | ||||||
6 | approved education providers who wish to provide the course.
| ||||||
7 | (l) Except as specifically provided in this Act, continuing | ||||||
8 | education credit hours may not be earned for completion of pre | ||||||
9 | or post-license courses. The approved 30-hour post-license | ||||||
10 | course for broker licensees shall satisfy the continuing | ||||||
11 | education requirement for the pre-renewal period in which the | ||||||
12 | course is taken. The approved 45-hour brokerage administration | ||||||
13 | and management course shall satisfy the 12-hour broker | ||||||
14 | management continuing education requirement for the | ||||||
15 | pre-renewal period in which the course is taken. | ||||||
16 | (Source: P.A. 99-227, eff. 8-3-15; 99-728, eff. 1-1-17; | ||||||
17 | 100-188, eff. 1-1-18 .)
| ||||||
18 | (225 ILCS 454/5-80)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 5-80. Evidence of compliance with continuing | ||||||
21 | education requirements.
| ||||||
22 | (a) Each renewal applicant shall certify, on his or her | ||||||
23 | renewal application,
full compliance with
continuing education | ||||||
24 | requirements set forth in Section 5-70. The
education provider | ||||||
25 | shall
retain and submit to the Department after the completion |
| |||||||
| |||||||
1 | of each course evidence of those
successfully
completing the | ||||||
2 | course as provided by rule.
| ||||||
3 | (b) The Department may require additional evidence | ||||||
4 | demonstrating compliance with the
continuing
education | ||||||
5 | requirements. The renewal applicant shall retain and produce | ||||||
6 | the
evidence of
compliance upon request of the Department.
| ||||||
7 | (c) Notwithstanding any other provision to the contrary, | ||||||
8 | the Department shall establish a continuing education | ||||||
9 | completion deadline for leasing agents, brokers, managing | ||||||
10 | brokers, and instructors and require evidence of compliance | ||||||
11 | with the continuing education requirements before the renewal | ||||||
12 | of a license. | ||||||
13 | (Source: P.A. 100-188, eff. 1-1-18 .)
| ||||||
14 | (225 ILCS 454/10-15)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
16 | Sec. 10-15. No compensation to persons in violation of Act; | ||||||
17 | compensation
to unlicensed
persons; consumer. | ||||||
18 | (a) No compensation may be paid to any unlicensed person in | ||||||
19 | exchange for the
person
performing licensed activities in | ||||||
20 | violation of this Act.
| ||||||
21 | (b) No action or suit shall be instituted, nor recovery | ||||||
22 | therein be had, in
any court of this State
by any person , | ||||||
23 | partnership, registered limited liability partnership, limited
| ||||||
24 | liability company, or
corporation for compensation for any act | ||||||
25 | done or service performed, the doing
or performing of
which is |
| |||||||
| |||||||
1 | prohibited by this Act to other than licensed managing brokers, | ||||||
2 | brokers,
or leasing agents unless
the person , partnership, | ||||||
3 | registered limited liability partnership, limited
liability | ||||||
4 | company, or corporation was duly
licensed hereunder as a | ||||||
5 | managing broker,
broker, or leasing agent under this Act at the | ||||||
6 | time that any such
act was done or service
performed that would | ||||||
7 | give rise to a cause of action for compensation.
| ||||||
8 | (c) A licensee may offer compensation, including prizes, | ||||||
9 | merchandise,
services, rebates,
discounts, or other | ||||||
10 | consideration to an unlicensed person who is a party to a
| ||||||
11 | contract to buy or sell
real estate or is a party to a contract | ||||||
12 | for the lease of real estate, so long
as the offer complies | ||||||
13 | with
the provisions of subdivision (35) of subsection (a) of | ||||||
14 | Section 20-20 of this
Act.
| ||||||
15 | (d) A licensee may offer cash, gifts, prizes, awards, | ||||||
16 | coupons, merchandise,
rebates or chances
to win a game of | ||||||
17 | chance, if not prohibited by any other law or statute,
to a | ||||||
18 | consumer as an
inducement to that consumer to use the services | ||||||
19 | of the licensee even if the
licensee and consumer
do not | ||||||
20 | ultimately enter into a broker-client relationship so long as | ||||||
21 | the offer
complies with the
provisions of subdivision (35) of | ||||||
22 | subsection (a) of Section 20-20 of this Act.
| ||||||
23 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
24 | (225 ILCS 454/10-20)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2020)
|
| |||||||
| |||||||
1 | Sec. 10-20. Sponsoring broker; employment agreement.
| ||||||
2 | (a) A licensee may perform activities as a licensee only | ||||||
3 | for his or her
sponsoring broker. A
licensee must have only one | ||||||
4 | sponsoring broker at any one time.
| ||||||
5 | (b) Every broker who employs licensees or has an | ||||||
6 | independent contractor
relationship with a
licensee shall have | ||||||
7 | a written employment agreement with each such licensee.
The
| ||||||
8 | broker having
this written employment agreement with the | ||||||
9 | licensee must be that licensee's
sponsoring broker.
| ||||||
10 | (c) Every sponsoring broker must have a written employment | ||||||
11 | agreement with
each licensee the
broker sponsors. The agreement | ||||||
12 | shall address the employment or independent
contractor
| ||||||
13 | relationship terms, including without limitation supervision,
| ||||||
14 | duties, compensation, and
termination.
| ||||||
15 | (d) Every sponsoring broker must have a written employment | ||||||
16 | agreement with
each licensed
personal assistant who assists a | ||||||
17 | licensee sponsored by the sponsoring broker.
This requirement
| ||||||
18 | applies to all licensed personal assistants whether or not they | ||||||
19 | perform
licensed activities in their
capacity as a personal | ||||||
20 | assistant. The agreement shall address the employment
or | ||||||
21 | independent
contractor relationship terms, including without | ||||||
22 | limitation supervision,
duties, compensation, and
termination.
| ||||||
23 | (e) Notwithstanding the fact that a sponsoring broker has | ||||||
24 | an employment
agreement with a
licensee, a sponsoring broker | ||||||
25 | may pay compensation directly to a business entity corporation
| ||||||
26 | solely owned by that
licensee that has been formed for the |
| |||||||
| |||||||
1 | purpose of receiving compensation earned
by the licensee.
A | ||||||
2 | business entity corporation formed for the purpose herein | ||||||
3 | stated in this subsection (e) shall
not be required to be
| ||||||
4 | licensed under this Act so long as the person that who is the | ||||||
5 | sole owner shareholder of
the business entity corporation is
| ||||||
6 | licensed.
| ||||||
7 | (Source: P.A. 91-245, eff. 12-31-99 .)
| ||||||
8 | (225 ILCS 454/20-20)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
10 | Sec. 20-20. Grounds for discipline. | ||||||
11 | (a) The Department may refuse to issue or renew a license, | ||||||
12 | may place on probation, suspend,
or
revoke any
license, | ||||||
13 | reprimand, or take any other disciplinary or non-disciplinary | ||||||
14 | action as the Department may deem proper and impose a
fine not | ||||||
15 | to exceed
$25,000 upon any licensee or applicant under this Act | ||||||
16 | or any person who holds himself or herself out as an applicant | ||||||
17 | or licensee or against a licensee in handling his or her own | ||||||
18 | property, whether held by deed, option, or otherwise, for any | ||||||
19 | one or any combination of the
following causes:
| ||||||
20 | (1) Fraud or misrepresentation in applying for, or | ||||||
21 | procuring, a license under this Act or in connection with | ||||||
22 | applying for renewal of a license under this Act.
| ||||||
23 | (2) The conviction of or plea of guilty or plea of nolo | ||||||
24 | contendere to a felony or misdemeanor in this State or any | ||||||
25 | other jurisdiction; or the entry of an administrative |
| |||||||
| |||||||
1 | sanction by a government agency in this State or any other | ||||||
2 | jurisdiction. Action taken under this paragraph (2) for a | ||||||
3 | misdemeanor or an administrative sanction is limited to a | ||||||
4 | misdemeanor or administrative sanction that has as an
| ||||||
5 | essential element dishonesty or fraud or involves larceny, | ||||||
6 | embezzlement,
or obtaining money, property, or credit by | ||||||
7 | false pretenses or by means of a
confidence
game.
| ||||||
8 | (3) Inability to practice the profession with | ||||||
9 | reasonable judgment, skill, or safety as a result of a | ||||||
10 | physical illness, including, but not limited to, | ||||||
11 | deterioration through the aging process or loss of motor | ||||||
12 | skill, or a mental illness or disability.
| ||||||
13 | (4) Practice under this Act as a licensee in a retail | ||||||
14 | sales establishment from an office, desk, or space that
is | ||||||
15 | not
separated from the main retail business by a separate | ||||||
16 | and distinct area within
the
establishment.
| ||||||
17 | (5) Having been disciplined by another state, the | ||||||
18 | District of Columbia, a territory, a foreign nation, or a | ||||||
19 | governmental agency authorized to impose discipline if at | ||||||
20 | least one of the grounds for that discipline is the same as | ||||||
21 | or
the
equivalent of one of the grounds for which a | ||||||
22 | licensee may be disciplined under this Act. A certified | ||||||
23 | copy of the record of the action by the other state or | ||||||
24 | jurisdiction shall be prima facie evidence thereof.
| ||||||
25 | (6) Engaging in the practice of real estate brokerage
| ||||||
26 | without a
license or after the licensee's license or |
| |||||||
| |||||||
1 | temporary permit was expired or while the license was
| ||||||
2 | inoperative.
| ||||||
3 | (7) Cheating on or attempting to subvert the Real
| ||||||
4 | Estate License Exam or continuing education exam. | ||||||
5 | (8) Aiding or abetting an applicant
to
subvert or cheat | ||||||
6 | on the Real Estate License Exam or continuing education | ||||||
7 | exam
administered pursuant to this Act.
| ||||||
8 | (9) Advertising that is inaccurate, misleading, or | ||||||
9 | contrary to the provisions of the Act.
| ||||||
10 | (10) Making any substantial misrepresentation or | ||||||
11 | untruthful advertising.
| ||||||
12 | (11) Making any false promises of a character likely to | ||||||
13 | influence,
persuade,
or induce.
| ||||||
14 | (12) Pursuing a continued and flagrant course of | ||||||
15 | misrepresentation or the
making
of false promises through | ||||||
16 | licensees, employees, agents, advertising, or
otherwise.
| ||||||
17 | (13) Any misleading or untruthful advertising, or | ||||||
18 | using any trade name or
insignia of membership in any real | ||||||
19 | estate organization of which the licensee is
not a member.
| ||||||
20 | (14) Acting for more than one party in a transaction | ||||||
21 | without providing
written
notice to all parties for whom | ||||||
22 | the licensee acts.
| ||||||
23 | (15) Representing or attempting to represent a broker | ||||||
24 | other than the
sponsoring broker.
| ||||||
25 | (16) Failure to account for or to remit any moneys or | ||||||
26 | documents coming into
his or her possession that belong to |
| |||||||
| |||||||
1 | others.
| ||||||
2 | (17) Failure to maintain and deposit in a special | ||||||
3 | account, separate and
apart from
personal and other | ||||||
4 | business accounts, all escrow moneys belonging to others
| ||||||
5 | entrusted to a licensee
while acting as a broker, escrow | ||||||
6 | agent, or temporary custodian of
the funds of others or
| ||||||
7 | failure to maintain all escrow moneys on deposit in the | ||||||
8 | account until the
transactions are
consummated or | ||||||
9 | terminated, except to the extent that the moneys, or any | ||||||
10 | part
thereof, shall be: | ||||||
11 | (A)
disbursed prior to the consummation or | ||||||
12 | termination (i) in accordance with
the
written | ||||||
13 | direction of
the principals to the transaction or their | ||||||
14 | duly authorized agents, (ii) in accordance with
| ||||||
15 | directions providing for the
release, payment, or | ||||||
16 | distribution of escrow moneys contained in any written
| ||||||
17 | contract signed by the
principals to the transaction or | ||||||
18 | their duly authorized agents,
or (iii)
pursuant to an | ||||||
19 | order of a court of competent
jurisdiction; or | ||||||
20 | (B) deemed abandoned and transferred to the Office | ||||||
21 | of the State Treasurer to be handled as unclaimed | ||||||
22 | property pursuant to the Revised Uniform Unclaimed | ||||||
23 | Property Act. Escrow moneys may be deemed abandoned | ||||||
24 | under this subparagraph (B) only: (i) in the absence of | ||||||
25 | disbursement under subparagraph (A); (ii) in the | ||||||
26 | absence of notice of the filing of any claim in a court |
| |||||||
| |||||||
1 | of competent jurisdiction; and (iii) if 6 months have | ||||||
2 | elapsed after the receipt of a written demand for the | ||||||
3 | escrow moneys from one of the principals to the | ||||||
4 | transaction or the principal's duly authorized agent.
| ||||||
5 | The account
shall be noninterest
bearing, unless the | ||||||
6 | character of the deposit is such that payment of interest
| ||||||
7 | thereon is otherwise
required by law or unless the | ||||||
8 | principals to the transaction specifically
require, in | ||||||
9 | writing, that the
deposit be placed in an interest bearing | ||||||
10 | account.
| ||||||
11 | (18) Failure to make available to the Department all | ||||||
12 | escrow records and related documents
maintained in | ||||||
13 | connection
with the practice of real estate within 24 hours | ||||||
14 | of a request for those
documents by Department personnel.
| ||||||
15 | (19) Failing to furnish copies upon request of | ||||||
16 | documents relating to a
real
estate transaction to a party | ||||||
17 | who has executed that document.
| ||||||
18 | (20) Failure of a sponsoring broker to timely provide | ||||||
19 | information, sponsor
cards,
or termination of licenses to | ||||||
20 | the Department.
| ||||||
21 | (21) Engaging in dishonorable, unethical, or | ||||||
22 | unprofessional conduct of a
character
likely to deceive, | ||||||
23 | defraud, or harm the public.
| ||||||
24 | (22) Commingling the money or property of others with | ||||||
25 | his or her own money or property.
| ||||||
26 | (23) Employing any person on a purely temporary or |
| |||||||
| |||||||
1 | single deal basis as a
means
of evading the law regarding | ||||||
2 | payment of commission to nonlicensees on some
contemplated
| ||||||
3 | transactions.
| ||||||
4 | (24) Permitting the use of his or her license as a | ||||||
5 | broker to enable a
leasing agent or
unlicensed person to | ||||||
6 | operate a real estate business without actual
| ||||||
7 | participation therein and control
thereof by the broker.
| ||||||
8 | (25) Any other conduct, whether of the same or a | ||||||
9 | different character from
that
specified in this Section, | ||||||
10 | that constitutes dishonest dealing.
| ||||||
11 | (26) Displaying a "for rent" or "for sale" sign on any | ||||||
12 | property without
the written
consent of an owner or his or | ||||||
13 | her duly authorized agent or advertising by any
means that | ||||||
14 | any property is
for sale or for rent without the written | ||||||
15 | consent of the owner or his or her
authorized agent.
| ||||||
16 | (27) Failing to provide information requested by the | ||||||
17 | Department, or otherwise respond to that request, within 30 | ||||||
18 | days of
the
request.
| ||||||
19 | (28) Advertising by means of a blind advertisement, | ||||||
20 | except as otherwise
permitted in Section 10-30 of this Act.
| ||||||
21 | (29) Offering guaranteed sales plans, as defined in | ||||||
22 | clause (A) of
this subdivision (29), except to
the extent | ||||||
23 | hereinafter set forth:
| ||||||
24 | (A) A "guaranteed sales plan" is any real estate | ||||||
25 | purchase or sales plan
whereby a licensee enters into a | ||||||
26 | conditional or unconditional written contract
with a |
| |||||||
| |||||||
1 | seller, prior to entering into a brokerage agreement | ||||||
2 | with the seller, by the
terms of which a licensee | ||||||
3 | agrees to purchase a property of the seller within a
| ||||||
4 | specified period of time
at a specific price in the | ||||||
5 | event the property is not sold in accordance with
the | ||||||
6 | terms of a brokerage agreement to be entered into | ||||||
7 | between the sponsoring broker and the seller.
| ||||||
8 | (B) A licensee offering a guaranteed sales plan | ||||||
9 | shall provide the
details
and conditions of the plan in | ||||||
10 | writing to the party to whom the plan is
offered.
| ||||||
11 | (C) A licensee offering a guaranteed sales plan | ||||||
12 | shall provide to the
party
to whom the plan is offered | ||||||
13 | evidence of sufficient financial resources to
satisfy | ||||||
14 | the commitment to
purchase undertaken by the broker in | ||||||
15 | the plan.
| ||||||
16 | (D) Any licensee offering a guaranteed sales plan | ||||||
17 | shall undertake to
market the property of the seller | ||||||
18 | subject to the plan in the same manner in
which the | ||||||
19 | broker would
market any other property, unless the | ||||||
20 | agreement with the seller provides
otherwise.
| ||||||
21 | (E) The licensee cannot purchase seller's property | ||||||
22 | until the brokerage agreement has ended according to | ||||||
23 | its terms or is otherwise terminated. | ||||||
24 | (F) Any licensee who fails to perform on a | ||||||
25 | guaranteed sales plan in
strict accordance with its | ||||||
26 | terms shall be subject to all the penalties provided
in |
| |||||||
| |||||||
1 | this Act for
violations thereof and, in addition, shall | ||||||
2 | be subject to a civil fine payable
to the party injured | ||||||
3 | by the
default in an amount of up to $25,000.
| ||||||
4 | (30) Influencing or attempting to influence, by any | ||||||
5 | words or acts, a
prospective
seller, purchaser, occupant, | ||||||
6 | landlord, or tenant of real estate, in connection
with | ||||||
7 | viewing, buying, or
leasing real estate, so as to promote | ||||||
8 | or tend to promote the continuance
or maintenance of
| ||||||
9 | racially and religiously segregated housing or so as to | ||||||
10 | retard, obstruct, or
discourage racially
integrated | ||||||
11 | housing on or in any street, block, neighborhood, or | ||||||
12 | community.
| ||||||
13 | (31) Engaging in any act that constitutes a violation | ||||||
14 | of any provision of
Article 3 of the Illinois Human Rights | ||||||
15 | Act, whether or not a complaint has
been filed with or
| ||||||
16 | adjudicated by the Human Rights Commission.
| ||||||
17 | (32) Inducing any party to a contract of sale or lease | ||||||
18 | or brokerage
agreement to
break the contract of sale or | ||||||
19 | lease or brokerage agreement for the purpose of
| ||||||
20 | substituting, in lieu
thereof, a new contract for sale or | ||||||
21 | lease or brokerage agreement with a third
party.
| ||||||
22 | (33) Negotiating a sale, exchange, or lease of real | ||||||
23 | estate directly with
any person
if the licensee knows that | ||||||
24 | the person has an exclusive brokerage
agreement with | ||||||
25 | another
broker, unless specifically authorized by that | ||||||
26 | broker.
|
| |||||||
| |||||||
1 | (34) When a licensee is also an attorney, acting as the | ||||||
2 | attorney for
either the
buyer or the seller in the same | ||||||
3 | transaction in which the licensee is acting or
has acted as | ||||||
4 | a managing broker
or broker.
| ||||||
5 | (35) Advertising or offering merchandise or services | ||||||
6 | as free if any
conditions or
obligations necessary for | ||||||
7 | receiving the merchandise or services are not
disclosed in | ||||||
8 | the same
advertisement or offer. These conditions or | ||||||
9 | obligations include without
limitation the
requirement | ||||||
10 | that the recipient attend a promotional activity or visit a | ||||||
11 | real
estate site. As used in this
subdivision (35), "free" | ||||||
12 | includes terms such as "award", "prize", "no charge",
"free | ||||||
13 | of charge",
"without charge", and similar words or phrases | ||||||
14 | that reasonably lead a person to
believe that he or she
may | ||||||
15 | receive or has been selected to receive something of value, | ||||||
16 | without any
conditions or
obligations on the part of the | ||||||
17 | recipient.
| ||||||
18 | (36) (Blank).
| ||||||
19 | (37) Violating the terms of a disciplinary order
issued | ||||||
20 | by the Department.
| ||||||
21 | (38) Paying or failing to disclose compensation in | ||||||
22 | violation of Article 10 of this Act.
| ||||||
23 | (39) Requiring a party to a transaction who is not a | ||||||
24 | client of the
licensee
to allow the licensee to retain a | ||||||
25 | portion of the escrow moneys for payment of
the licensee's | ||||||
26 | commission or expenses as a condition for release of the |
| |||||||
| |||||||
1 | escrow
moneys to that party.
| ||||||
2 | (40) Disregarding or violating any provision of this | ||||||
3 | Act or the published
rules adopted
promulgated by the | ||||||
4 | Department to enforce this Act or aiding or abetting any | ||||||
5 | individual,
foreign or domestic partnership, registered | ||||||
6 | limited liability partnership, limited liability
company, | ||||||
7 | or corporation , or other business entity in
disregarding | ||||||
8 | any provision of this Act or the published rules adopted | ||||||
9 | promulgated by the Department
to enforce this Act.
| ||||||
10 | (41) Failing to provide the minimum services required | ||||||
11 | by Section 15-75 of this Act when acting under an exclusive | ||||||
12 | brokerage agreement.
| ||||||
13 | (42) Habitual or excessive use or addiction to alcohol, | ||||||
14 | narcotics, stimulants, or any other chemical agent or drug | ||||||
15 | that results in a managing broker, broker, or leasing | ||||||
16 | agent's inability to practice with reasonable skill or | ||||||
17 | safety. | ||||||
18 | (43) Enabling, aiding, or abetting an auctioneer, as | ||||||
19 | defined in the Auction License Act, to conduct a real | ||||||
20 | estate auction in a manner that is in violation of this | ||||||
21 | Act. | ||||||
22 | (44) Permitting any leasing agent or temporary leasing | ||||||
23 | agent permit holder to engage in activities that require a | ||||||
24 | broker's or managing broker's license. | ||||||
25 | (b) The Department may refuse to issue or renew or may | ||||||
26 | suspend the license of any person who fails to file a return, |
| |||||||
| |||||||
1 | pay the tax, penalty or interest shown in a filed return, or | ||||||
2 | pay any final assessment of tax, penalty, or interest, as | ||||||
3 | required by any tax Act administered by the Department of | ||||||
4 | Revenue, until such time as the requirements of that tax Act | ||||||
5 | are satisfied in accordance with subsection (g) of Section | ||||||
6 | 2105-15 of the Civil Administrative Code of Illinois. | ||||||
7 | (c) The Department shall deny a license or renewal | ||||||
8 | authorized by this Act to a person who has defaulted on an | ||||||
9 | educational loan or scholarship provided or guaranteed by the | ||||||
10 | Illinois Student Assistance Commission or any governmental | ||||||
11 | agency of this State in accordance with item (5) of subsection | ||||||
12 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
13 | Illinois. | ||||||
14 | (d) In cases where the Department of Healthcare and Family | ||||||
15 | Services (formerly Department of Public Aid) has previously | ||||||
16 | determined that a licensee or a potential licensee is more than | ||||||
17 | 30 days delinquent in the payment of child support and has | ||||||
18 | subsequently certified the delinquency to the Department may | ||||||
19 | refuse to issue or renew or may revoke or suspend that person's | ||||||
20 | license or may take other disciplinary action against that | ||||||
21 | person based solely upon the certification of delinquency made | ||||||
22 | by the Department of Healthcare and Family Services in | ||||||
23 | accordance with item (5) of subsection (a) of Section 2105-15 | ||||||
24 | of the Civil Administrative Code of Illinois. | ||||||
25 | (e) In enforcing this Section, the Department or Board upon | ||||||
26 | a showing of a possible violation may compel an individual |
| |||||||
| |||||||
1 | licensed to practice under this Act, or who has applied for | ||||||
2 | licensure under this Act, to submit to a mental or physical | ||||||
3 | examination, or both, as required by and at the expense of the | ||||||
4 | Department. The Department or Board may order the examining | ||||||
5 | physician to present testimony concerning the mental or | ||||||
6 | physical examination of the licensee or applicant. No | ||||||
7 | information shall be excluded by reason of any common law or | ||||||
8 | statutory privilege relating to communications between the | ||||||
9 | licensee or applicant and the examining physician. The | ||||||
10 | examining physicians shall be specifically designated by the | ||||||
11 | Board or Department. The individual to be examined may have, at | ||||||
12 | his or her own expense, another physician of his or her choice | ||||||
13 | present during all aspects of this examination. Failure of an | ||||||
14 | individual to submit to a mental or physical examination, when | ||||||
15 | directed, shall be grounds for suspension of his or her license | ||||||
16 | until the individual submits to the examination if the | ||||||
17 | Department finds, after notice and hearing, that the refusal to | ||||||
18 | submit to the examination was without reasonable cause. | ||||||
19 | If the Department or Board finds an individual unable to | ||||||
20 | practice because of the reasons set forth in this Section, the | ||||||
21 | Department or Board may require that individual to submit to | ||||||
22 | care, counseling, or treatment by physicians approved or | ||||||
23 | designated by the Department or Board, as a condition, term, or | ||||||
24 | restriction for continued, reinstated, or renewed licensure to | ||||||
25 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
26 | Department may file, or the Board may recommend to the |
| |||||||
| |||||||
1 | Department to file, a complaint to immediately suspend, revoke, | ||||||
2 | or otherwise discipline the license of the individual. An | ||||||
3 | individual whose license was granted, continued, reinstated, | ||||||
4 | renewed, disciplined or supervised subject to such terms, | ||||||
5 | conditions, or restrictions, and who fails to comply with such | ||||||
6 | terms, conditions, or restrictions, shall be referred to the | ||||||
7 | Secretary for a determination as to whether the individual | ||||||
8 | shall have his or her license suspended immediately, pending a | ||||||
9 | hearing by the Department. | ||||||
10 | In instances in which the Secretary immediately suspends a | ||||||
11 | person's license under this Section, a hearing on that person's | ||||||
12 | license must be convened by the Department within 30 days after | ||||||
13 | the suspension and completed without appreciable delay. The | ||||||
14 | Department and Board shall have the authority to review the | ||||||
15 | subject individual's record of treatment and counseling | ||||||
16 | regarding the impairment to the extent permitted by applicable | ||||||
17 | federal statutes and regulations safeguarding the | ||||||
18 | confidentiality of medical records. | ||||||
19 | An individual licensed under this Act and affected under | ||||||
20 | this Section shall be afforded an opportunity to demonstrate to | ||||||
21 | the Department or Board that he or she can resume practice in | ||||||
22 | compliance with acceptable and prevailing standards under the | ||||||
23 | provisions of his or her license. | ||||||
24 | (Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18; | ||||||
25 | 100-188, eff. 1-1-18; 100-534, eff. 9-22-17; revised 10-2-17.)
|
| |||||||
| |||||||
1 | Section 20. The Real Estate Appraiser Licensing Act of 2002 | ||||||
2 | is amended by changing Sections 5-45 and 15-15 as follows:
| ||||||
3 | (225 ILCS 458/5-45)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
5 | Sec. 5-45. Continuing education renewal requirements.
| ||||||
6 | (a) The continuing education requirements for a person to | ||||||
7 | renew a license as
a State certified general
real estate | ||||||
8 | appraiser
or
a State certified residential real estate | ||||||
9 | appraiser
shall be
established by rule.
| ||||||
10 | (b) The continuing education requirements for a person to
| ||||||
11 | renew a license as an associate real estate trainee appraiser | ||||||
12 | shall be
established by rule.
| ||||||
13 | (c) Notwithstanding any other provision to the contrary, | ||||||
14 | the Department shall establish a continuing education | ||||||
15 | completion deadline for appraisal licensees and require | ||||||
16 | evidence of compliance with the continuing education | ||||||
17 | requirements before the renewal of a license. | ||||||
18 | (Source: P.A. 96-844, eff. 12-23-09 .)
| ||||||
19 | (225 ILCS 458/15-15)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
21 | Sec. 15-15. Investigation; notice; hearing.
| ||||||
22 | (a) Upon the motion of the Department
or the Board or
upon | ||||||
23 | a complaint in
writing of a person setting forth facts that, if | ||||||
24 | proven, would constitute
grounds for suspension, revocation,
|
| |||||||
| |||||||
1 | or other disciplinary action against a licensee or applicant | ||||||
2 | for licensure, the Department
shall investigate the actions of | ||||||
3 | the licensee or applicant. If, upon investigation, the | ||||||
4 | Department believes that there may be cause for suspension, | ||||||
5 | revocation, or other disciplinary action, the Department shall | ||||||
6 | use the services of a State certified general real estate | ||||||
7 | appraiser, a State certified residential real estate | ||||||
8 | appraiser, or the Real Estate Coordinator to assist in | ||||||
9 | determining whether grounds for disciplinary action exist | ||||||
10 | prior to commencing formal disciplinary proceedings.
| ||||||
11 | (b) Formal disciplinary proceedings shall commence upon | ||||||
12 | the issuance of a
written complaint
describing the charges that | ||||||
13 | are the basis of the disciplinary action and
delivery of the | ||||||
14 | detailed complaint to the address of
record of the licensee or | ||||||
15 | applicant. The Department
shall notify the licensee or
| ||||||
16 | applicant
to file a verified written
answer within 20 days | ||||||
17 | after the service of the notice and complaint.
The
notification | ||||||
18 | shall inform the licensee or applicant of his or her
right to | ||||||
19 | be heard in person or by
legal counsel; that the hearing will | ||||||
20 | be afforded not sooner than 30 days after
service
of the | ||||||
21 | complaint; that failure to file an answer will result in a | ||||||
22 | default being
entered against the licensee or applicant;
that | ||||||
23 | the license may be suspended, revoked, or placed on
| ||||||
24 | probationary status; and that other
disciplinary action may be | ||||||
25 | taken pursuant to this Act, including limiting the
scope, | ||||||
26 | nature, or extent of the licensee's
practice. If the licensee |
| |||||||
| |||||||
1 | or applicant fails to file an answer after service of
notice, | ||||||
2 | his or her license may,
at the discretion of the Department, be | ||||||
3 | suspended,
revoked, or placed on probationary
status and the | ||||||
4 | Department
may take whatever disciplinary
action it deems | ||||||
5 | proper,
including limiting the scope, nature, or extent of the | ||||||
6 | person's practice,
without a hearing.
| ||||||
7 | (c) At the time and place fixed in the notice, the Board | ||||||
8 | shall conduct
hearing of the charges, providing
both the | ||||||
9 | accused person and the complainant ample opportunity to present | ||||||
10 | in
person
or by counsel such statements, testimony, evidence, | ||||||
11 | and argument as may be
pertinent to the charges or
to a defense | ||||||
12 | thereto.
| ||||||
13 | (d) The Board shall present to the Secretary
a written | ||||||
14 | report of its
findings and
recommendations. A copy of the | ||||||
15 | report shall be served upon the licensee or
applicant,
either | ||||||
16 | personally or by certified
mail. Within 20 days after the | ||||||
17 | service, the licensee or applicant may present
the Secretary
| ||||||
18 | with a motion in writing
for either a rehearing, a proposed | ||||||
19 | finding of fact, a conclusion of law, or an
alternative | ||||||
20 | sanction, and shall
specify the particular grounds for the | ||||||
21 | request. If the accused orders a
transcript of the record
as | ||||||
22 | provided in this Act, the time elapsing thereafter and before | ||||||
23 | the transcript
is ready for delivery to the
accused shall not | ||||||
24 | be counted as part of the 20 days. If the Secretary
is
not | ||||||
25 | satisfied that
substantial justice has been done, the Secretary
| ||||||
26 | may order a rehearing by
the Board or other
special committee |
| |||||||
| |||||||
1 | appointed by the Secretary, may remand the matter to the
Board | ||||||
2 | for its
reconsideration of the matter based on the pleadings | ||||||
3 | and evidence presented to
the Board, or may enter
a final order | ||||||
4 | in contravention of the Board's recommendation. In all
| ||||||
5 | instances under this Act in which
the Board has rendered a | ||||||
6 | recommendation to the Secretary
with respect to a
particular | ||||||
7 | licensee or
applicant, the Secretary, if he or she disagrees | ||||||
8 | with
the recommendation of the Board, shall file with the Board | ||||||
9 | and provide to the
licensee or applicant a copy of the | ||||||
10 | Secretary's
specific written reasons for
disagreement with the | ||||||
11 | Board. The reasons shall be filed within 60 days of the
Board's | ||||||
12 | recommendation
to the Secretary
and prior to any contrary | ||||||
13 | action. Notwithstanding a licensee's or applicant's failure to | ||||||
14 | file a motion for rehearing, the Secretary
shall have the right | ||||||
15 | to take any of
the actions specified in this
subsection (d). | ||||||
16 | Upon the suspension or revocation of a license, the licensee
| ||||||
17 | shall
be required to surrender his
or her license to the | ||||||
18 | Department, and upon failure or refusal to do so, the | ||||||
19 | Department
shall have
the right to seize the
license.
| ||||||
20 | (e) The Department
has the power to issue subpoenas and
| ||||||
21 | subpoenas duces tecum
to bring before it any person in this | ||||||
22 | State, to take testimony, or to require
production of any | ||||||
23 | records
relevant to an inquiry or hearing by the Board in the | ||||||
24 | same manner as prescribed
by law in judicial
proceedings in the | ||||||
25 | courts of this State. In a case of refusal of a witness to
| ||||||
26 | attend, testify, or to produce
books or papers concerning a |
| |||||||
| |||||||
1 | matter upon which he or she might be lawfully
examined, the | ||||||
2 | circuit court
of the county where the hearing is held, upon | ||||||
3 | application of the Department
or any
party to the proceeding, | ||||||
4 | may compel obedience by proceedings as for contempt.
| ||||||
5 | (f) Any license that is suspended indefinitely or revoked | ||||||
6 | may not be
restored for a minimum period
of 2 years, or as | ||||||
7 | otherwise ordered by the Secretary.
| ||||||
8 | (g) In addition to the provisions of this Section | ||||||
9 | concerning the conduct of
hearings and the
recommendations for | ||||||
10 | discipline, the Department
has the authority to negotiate
| ||||||
11 | disciplinary and non-disciplinary
settlement agreements | ||||||
12 | concerning any license issued under this Act. All such
| ||||||
13 | agreements shall be
recorded as Consent Orders or Consent to | ||||||
14 | Administrative Supervision Orders.
| ||||||
15 | (h) The Secretary
shall have the authority to appoint an | ||||||
16 | attorney duly
licensed to practice law in the
State of Illinois | ||||||
17 | to serve as the hearing officer in any action to suspend,
| ||||||
18 | revoke, or otherwise discipline
any license issued by the | ||||||
19 | Department. The Hearing Officer
shall have full authority
to | ||||||
20 | conduct the hearing.
| ||||||
21 | (i) The Department, at its expense, shall preserve a record | ||||||
22 | of all formal hearings of
any contested case involving
the | ||||||
23 | discipline of a license. At all hearings or pre-hearing | ||||||
24 | conferences, the Department
and the licensee shall be
entitled | ||||||
25 | to have the proceedings transcribed by a certified shorthand | ||||||
26 | reporter.
A copy of the transcribed
proceedings shall be made |
| |||||||
| |||||||
1 | available to the licensee by the certified shorthand
reporter | ||||||
2 | upon payment of
the prevailing contract copy rate.
| ||||||
3 | (Source: P.A. 96-844, eff. 12-23-09 .)
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
|