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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Real Estate License Act of 2000 is amended | ||||||||||||||||||||||||||||||||||||||||||
5 | by changing Sections 1-10, 5-20, 5-25, 5-30, 5-40, 5-50, 5-70, | ||||||||||||||||||||||||||||||||||||||||||
6 | 25-20, 30-15, and 30-25 as follows:
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7 | (225 ILCS 454/1-10)
| ||||||||||||||||||||||||||||||||||||||||||
8 | (Section scheduled to be repealed on January 1, 2010)
| ||||||||||||||||||||||||||||||||||||||||||
9 | Sec. 1-10. Definitions. In this Act, unless the context | ||||||||||||||||||||||||||||||||||||||||||
10 | otherwise requires:
| ||||||||||||||||||||||||||||||||||||||||||
11 | "Act" means the Real Estate License Act of 2000.
| ||||||||||||||||||||||||||||||||||||||||||
12 | "Advisory Council" means the Real Estate Education | ||||||||||||||||||||||||||||||||||||||||||
13 | Advisory Council created
under Section 30-10 of this Act.
| ||||||||||||||||||||||||||||||||||||||||||
14 | "Agency" means a relationship in which a real estate broker | ||||||||||||||||||||||||||||||||||||||||||
15 | or licensee,
whether directly or through an affiliated | ||||||||||||||||||||||||||||||||||||||||||
16 | licensee, represents a consumer by
the consumer's consent, | ||||||||||||||||||||||||||||||||||||||||||
17 | whether express or implied, in a real property
transaction.
| ||||||||||||||||||||||||||||||||||||||||||
18 | "Applicant" means any person, as defined in this Section, | ||||||||||||||||||||||||||||||||||||||||||
19 | who applies to
OBRE for a valid license as a real estate | ||||||||||||||||||||||||||||||||||||||||||
20 | broker, real estate salesperson, or
leasing agent.
| ||||||||||||||||||||||||||||||||||||||||||
21 | "Blind advertisement" means any real estate advertisement | ||||||||||||||||||||||||||||||||||||||||||
22 | that does not
include the sponsoring broker's business name and | ||||||||||||||||||||||||||||||||||||||||||
23 | that is used by any licensee
regarding the sale or lease of | ||||||||||||||||||||||||||||||||||||||||||
24 | real estate, including his or her own, licensed
activities, or | ||||||||||||||||||||||||||||||||||||||||||
25 | the hiring of any licensee under this Act. The broker's
| ||||||||||||||||||||||||||||||||||||||||||
26 | business name in the case of a franchise shall include the | ||||||||||||||||||||||||||||||||||||||||||
27 | franchise
affiliation as well as the name of the individual | ||||||||||||||||||||||||||||||||||||||||||
28 | firm.
| ||||||||||||||||||||||||||||||||||||||||||
29 | "Board" means the Real Estate Administration and | ||||||||||||||||||||||||||||||||||||||||||
30 | Disciplinary Board of OBRE.
| ||||||||||||||||||||||||||||||||||||||||||
31 | "Branch office" means a sponsoring broker's office other | ||||||||||||||||||||||||||||||||||||||||||
32 | than the sponsoring
broker's principal office.
|
| |||||||
| |||||||
1 | "Broker" means an individual, partnership, limited | ||||||
2 | liability company,
corporation, or registered limited | ||||||
3 | liability partnership other than a real
estate salesperson or | ||||||
4 | leasing agent who , whether in person or through any media or | ||||||
5 | technology, for another and for compensation, or
with the | ||||||
6 | intention or expectation of receiving compensation, either
| ||||||
7 | directly or indirectly:
| ||||||
8 | (1) Sells, exchanges, purchases, rents, or leases real | ||||||
9 | estate.
| ||||||
10 | (2) Offers to sell, exchange, purchase, rent, or lease | ||||||
11 | real estate.
| ||||||
12 | (3) Negotiates, offers, attempts, or agrees to | ||||||
13 | negotiate the sale,
exchange, purchase, rental, or leasing | ||||||
14 | of real estate.
| ||||||
15 | (4) Lists, offers, attempts, or agrees to list real | ||||||
16 | estate for sale,
lease, or exchange.
| ||||||
17 | (5) Buys, sells, offers to buy or sell, or otherwise | ||||||
18 | deals in options on
real estate or improvements thereon.
| ||||||
19 | (6) Supervises the collection, offer, attempt, or | ||||||
20 | agreement
to collect rent for the use of real estate.
| ||||||
21 | (7) Advertises or represents himself or herself as | ||||||
22 | being engaged in the
business of buying, selling, | ||||||
23 | exchanging, renting, or leasing real estate.
| ||||||
24 | (8) Assists or directs in procuring , generating, or | ||||||
25 | referring of leads or prospects, intended to
result in the | ||||||
26 | sale, exchange, lease, or rental of real estate.
| ||||||
27 | (9) Assists or directs in the negotiation of any | ||||||
28 | transaction intended to
result in the sale, exchange, | ||||||
29 | lease, or rental of real estate.
| ||||||
30 | (10) Opens real estate to the public for marketing | ||||||
31 | purposes.
| ||||||
32 | (11) Sells, leases, or offers for sale or lease real | ||||||
33 | estate at
auction.
| ||||||
34 | "Brokerage agreement" means a written or oral agreement | ||||||
35 | between a sponsoring
broker and a consumer for licensed | ||||||
36 | activities to be provided to a consumer in
return for |
| |||||||
| |||||||
1 | compensation or the right to receive compensation from another.
| ||||||
2 | Brokerage agreements may constitute either a bilateral or a | ||||||
3 | unilateral
agreement between the broker and the broker's client | ||||||
4 | depending upon the content
of the brokerage agreement. All | ||||||
5 | exclusive brokerage agreements shall be in
writing.
| ||||||
6 | "Client" means a person who is being represented by a | ||||||
7 | licensee.
| ||||||
8 | "Commissioner" means the Commissioner of Banks and Real | ||||||
9 | Estate or a person
authorized by the Commissioner, the Office | ||||||
10 | of Banks and Real Estate Act, or
this Act to act in the | ||||||
11 | Commissioner's stead.
| ||||||
12 | "Compensation" means the valuable consideration given by | ||||||
13 | one person or entity
to another person or entity in exchange | ||||||
14 | for the performance of some activity or
service. Compensation | ||||||
15 | shall include the transfer of valuable consideration,
| ||||||
16 | including without limitation the following:
| ||||||
17 | (1) commissions;
| ||||||
18 | (2) referral fees;
| ||||||
19 | (3) bonuses;
| ||||||
20 | (4) prizes;
| ||||||
21 | (5) merchandise;
| ||||||
22 | (6) finder fees;
| ||||||
23 | (7) performance of services;
| ||||||
24 | (8) coupons or gift certificates;
| ||||||
25 | (9) discounts;
| ||||||
26 | (10) rebates;
| ||||||
27 | (11) a chance to win a raffle, drawing, lottery, or | ||||||
28 | similar game of chance
not prohibited by any other law or | ||||||
29 | statute;
| ||||||
30 | (12) retainer fee; or
| ||||||
31 | (13) salary.
| ||||||
32 | "Confidential information" means information obtained by a | ||||||
33 | licensee from a
client during the term of a brokerage agreement | ||||||
34 | that (i) was made confidential
by the written request or | ||||||
35 | written instruction of the client, (ii) deals with
the | ||||||
36 | negotiating position of the client, or (iii) is information the |
| |||||||
| |||||||
1 | disclosure
of which could materially harm the negotiating | ||||||
2 | position of the client, unless
at any time:
| ||||||
3 | (1) the client permits the disclosure of information | ||||||
4 | given by that client
by word or conduct;
| ||||||
5 | (2) the disclosure is required by law; or
| ||||||
6 | (3) the information becomes public from a source other | ||||||
7 | than the licensee.
| ||||||
8 | "Confidential information" shall not be considered to | ||||||
9 | include material
information about the physical condition of | ||||||
10 | the property.
| ||||||
11 | "Consumer" means a person or entity seeking or receiving | ||||||
12 | licensed
activities.
| ||||||
13 | "Continuing education school" means any person licensed by | ||||||
14 | OBRE as a school
for continuing education in accordance with | ||||||
15 | Section 30-15 of this Act.
| ||||||
16 | "Credit hour" means 50 minutes of classroom instruction in | ||||||
17 | course work that
meets the requirements set forth in rules | ||||||
18 | adopted by OBRE.
| ||||||
19 | "Customer" means a consumer who is not being represented by | ||||||
20 | the licensee but
for whom the licensee is performing | ||||||
21 | ministerial acts.
| ||||||
22 | "Designated agency" means a contractual relationship | ||||||
23 | between a sponsoring
broker and a client under Section 15-50 of | ||||||
24 | this Act in which one or more
licensees associated with or | ||||||
25 | employed by the broker are designated as agent of
the client.
| ||||||
26 | "Designated agent" means a sponsored licensee named by a | ||||||
27 | sponsoring broker as
the legal agent of a client, as provided | ||||||
28 | for in Section 15-50 of this Act.
| ||||||
29 | "Director" means the Director of the Real Estate Division, | ||||||
30 | OBRE.
| ||||||
31 | "Dual agency" means an agency relationship in which a | ||||||
32 | licensee is
representing both buyer and seller or both landlord | ||||||
33 | and tenant in the same
transaction. When the agency | ||||||
34 | relationship is a designated agency, the
question of whether | ||||||
35 | there is a dual agency shall be determined by the agency
| ||||||
36 | relationships of the designated agent of the parties and not of |
| |||||||
| |||||||
1 | the sponsoring
broker.
| ||||||
2 | "Employee" or other derivative of the word "employee", when | ||||||
3 | used to refer to,
describe, or delineate the relationship | ||||||
4 | between a real estate broker and a real
estate salesperson, | ||||||
5 | another real estate broker, or a leasing agent, shall be
| ||||||
6 | construed to include an independent contractor relationship, | ||||||
7 | provided that a
written agreement exists that clearly | ||||||
8 | establishes and states the relationship.
All responsibilities | ||||||
9 | of a broker shall remain.
| ||||||
10 | "Escrow moneys" means all moneys, promissory notes or any | ||||||
11 | other type or
manner of legal tender or financial consideration | ||||||
12 | deposited with any person for
the benefit of the parties to the | ||||||
13 | transaction. A transaction exists once an
agreement has been | ||||||
14 | reached and an accepted real estate contract signed or lease
| ||||||
15 | agreed to by the parties. Escrow moneys includes without | ||||||
16 | limitation earnest
moneys and security deposits, except those | ||||||
17 | security deposits in which the
person holding the security | ||||||
18 | deposit is also the sole owner of the property
being leased and | ||||||
19 | for which the security deposit is being held.
| ||||||
20 | "Exclusive brokerage agreement" means a written brokerage | ||||||
21 | agreement that provides that the sponsoring broker has the sole | ||||||
22 | right, through one or more sponsored licensees, to act as the | ||||||
23 | exclusive designated agent or representative of the client and | ||||||
24 | that meets the requirements of Section 15-75 of this Act.
| ||||||
25 | "Inoperative" means a status of licensure where the | ||||||
26 | licensee holds a current
license under this Act, but the | ||||||
27 | licensee is prohibited from engaging in
licensed activities | ||||||
28 | because the licensee is unsponsored or the license of the
| ||||||
29 | sponsoring broker with whom the licensee is associated or by | ||||||
30 | whom he or she is
employed is currently expired, revoked, | ||||||
31 | suspended, or otherwise rendered
invalid under this Act.
| ||||||
32 | "Leasing Agent" means a person who is employed by a real | ||||||
33 | estate broker to
engage in licensed activities limited to | ||||||
34 | leasing residential real estate who
has obtained a license as | ||||||
35 | provided for in Section 5-5 of this Act.
| ||||||
36 | "License" means the document issued by OBRE certifying that |
| |||||||
| |||||||
1 | the person named
thereon has fulfilled all requirements | ||||||
2 | prerequisite to licensure under this
Act.
| ||||||
3 | "Licensed activities" means those activities listed in the | ||||||
4 | definition of
"broker" under this Section.
| ||||||
5 | "Licensee" means any person, as defined in this Section, | ||||||
6 | who holds a
valid unexpired license as a real estate broker, | ||||||
7 | real estate salesperson, or
leasing agent.
| ||||||
8 | "Listing presentation" means a communication between a | ||||||
9 | real estate broker or
salesperson and a consumer in which the | ||||||
10 | licensee is attempting to secure a
brokerage agreement with the | ||||||
11 | consumer to market the consumer's real estate for
sale or | ||||||
12 | lease.
| ||||||
13 | "Managing broker" means a broker who has supervisory | ||||||
14 | responsibilities for
licensees in one or, in the case of a | ||||||
15 | multi-office company, more than one
office and who has been | ||||||
16 | appointed as such by the sponsoring broker.
| ||||||
17 | "Medium of advertising" means any method of communication | ||||||
18 | intended to
influence the general public to use or purchase a | ||||||
19 | particular good or service or
real estate.
| ||||||
20 | "Ministerial acts" means those acts that a licensee may | ||||||
21 | perform for a
consumer that are informative or clerical in | ||||||
22 | nature and do not rise to the
level of active representation on | ||||||
23 | behalf of a consumer. Examples of these acts
include without | ||||||
24 | limitation (i) responding to phone inquiries by consumers as to
| ||||||
25 | the availability and pricing of brokerage services, (ii) | ||||||
26 | responding to phone
inquiries from a consumer concerning the | ||||||
27 | price or location of property, (iii)
attending an open house | ||||||
28 | and responding to questions about the property from a
consumer, | ||||||
29 | (iv) setting an appointment to view property, (v) responding to
| ||||||
30 | questions of consumers walking into a licensee's office | ||||||
31 | concerning brokerage
services offered or particular | ||||||
32 | properties, (vi) accompanying an appraiser,
inspector, | ||||||
33 | contractor, or similar third party on a visit to a property, | ||||||
34 | (vii)
describing a property or the property's condition in | ||||||
35 | response to a consumer's
inquiry, (viii) completing business or | ||||||
36 | factual information for a consumer on an
offer or contract to |
| |||||||
| |||||||
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 | "OBRE" means the Office of Banks and Real Estate.
| ||||||
5 | "Office" means a real estate broker's place of business | ||||||
6 | where the general
public is invited to transact business and | ||||||
7 | where records may be maintained and
licenses displayed, whether | ||||||
8 | or not it is the broker's principal place of
business.
| ||||||
9 | "Person" means and includes individuals, entities, | ||||||
10 | corporations, limited
liability companies, registered limited | ||||||
11 | liability partnerships, and
partnerships, foreign or domestic, | ||||||
12 | except that when the context otherwise
requires, the term may | ||||||
13 | refer to a single individual or other described entity.
| ||||||
14 | "Personal assistant" means a licensed or unlicensed person | ||||||
15 | who has been hired
for the purpose of aiding or assisting a | ||||||
16 | sponsored licensee in the performance
of the sponsored | ||||||
17 | licensee's job.
| ||||||
18 | "Pocket card" means the card issued by OBRE to signify that | ||||||
19 | the person named
on the card is currently licensed under this | ||||||
20 | Act.
| ||||||
21 | "Proctor" means any person, including, but not limited to, | ||||||
22 | an instructor, who has a written agreement to administer | ||||||
23 | examinations fairly and impartially with a continuing | ||||||
24 | education school or a pre-license school with a continuing | ||||||
25 | education school license.
| ||||||
26 | "Pre-license school" means a school licensed by OBRE | ||||||
27 | offering courses in
subjects related to real estate | ||||||
28 | transactions, including the subjects upon
which an applicant is | ||||||
29 | examined in determining fitness to receive a license.
| ||||||
30 | "Pre-renewal period" means the period between the date of | ||||||
31 | issue of a
currently valid license and the license's expiration | ||||||
32 | date.
| ||||||
33 | "Real estate" means and includes leaseholds as well as any | ||||||
34 | other interest or
estate in land, whether corporeal, | ||||||
35 | incorporeal, freehold, or non-freehold,
including timeshare | ||||||
36 | interests, and whether the real estate is situated in this
|
| |||||||
| |||||||
1 | State or elsewhere.
| ||||||
2 | "Real Estate Administration and Disciplinary Board" or | ||||||
3 | "Board" means the
Real Estate Administration and Disciplinary | ||||||
4 | Board created by Section 25-10 of
this Act.
| ||||||
5 | "Salesperson" means any individual, other than a real | ||||||
6 | estate broker or
leasing agent, who is employed by a real | ||||||
7 | estate broker or is associated by
written agreement with a real | ||||||
8 | estate broker as an independent contractor and
participates in | ||||||
9 | any activity described in the definition of "broker" under this
| ||||||
10 | Section.
| ||||||
11 | "Sponsoring broker" means the broker who has issued a | ||||||
12 | sponsor card to a
licensed salesperson, another licensed | ||||||
13 | broker, or a leasing agent.
| ||||||
14 | "Sponsor card" means the temporary permit issued by the | ||||||
15 | sponsoring real
estate broker certifying that the real estate | ||||||
16 | broker, real estate salesperson,
or leasing agent named thereon | ||||||
17 | is employed by or associated by written
agreement with the | ||||||
18 | sponsoring real estate broker, as provided for in Section
5-40 | ||||||
19 | of this Act.
| ||||||
20 | (Source: P.A. 92-217, eff. 8-2-01; 93-957, eff. 8-19-04.)
| ||||||
21 | (225 ILCS 454/5-20)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
23 | Sec. 5-20. Exemptions from broker, salesperson, or leasing | ||||||
24 | agent license
requirement. The requirement for holding a | ||||||
25 | license under this Article 5 shall
not apply to:
| ||||||
26 | (1) Any person, partnership, or corporation that as owner | ||||||
27 | or lessor performs
any of the acts described in the definition | ||||||
28 | of "broker" under Section 1-10 of
this Act with reference to | ||||||
29 | property owned or leased by it, or to the regular
employees | ||||||
30 | thereof with respect to the property so owned or leased, where | ||||||
31 | such
acts are performed in the regular course of or as an | ||||||
32 | incident to the
management, sale, or other disposition of such | ||||||
33 | property and the investment
therein, provided that such regular | ||||||
34 | employees do not perform any of the acts
described in the | ||||||
35 | definition of "broker" under Section 1-10 of this Act in
|
| |||||||
| |||||||
1 | connection with a vocation of selling or leasing any real | ||||||
2 | estate or the
improvements thereon not so owned or leased.
| ||||||
3 | (2) An attorney in fact acting under a duly executed and | ||||||
4 | recorded power of
attorney to convey real estate from the owner | ||||||
5 | or lessor or the services
rendered by an attorney at law in the | ||||||
6 | performance of the attorney's duty as an
attorney at law.
| ||||||
7 | (3) Any person acting as receiver, trustee in bankruptcy, | ||||||
8 | administrator,
executor, or guardian or while acting under a | ||||||
9 | court order or under the
authority of a will or testamentary | ||||||
10 | trust.
| ||||||
11 | (4) Any person acting as a resident manager for the owner | ||||||
12 | or any employee
acting as the resident manager for a broker | ||||||
13 | managing an apartment building,
duplex, or apartment complex, | ||||||
14 | when the resident manager resides on the
premises, the premises | ||||||
15 | is his or her primary residence, and the resident
manager is | ||||||
16 | engaged in the leasing of the property of which he or she is | ||||||
17 | the
resident manager.
| ||||||
18 | (5) Any officer or employee of a federal agency in the | ||||||
19 | conduct of official
duties.
| ||||||
20 | (6) Any officer or employee of the State government or any | ||||||
21 | political
subdivision thereof performing official duties.
| ||||||
22 | (7) Any multiple listing service or other similar
| ||||||
23 | information exchange that is
engaged in the collection
and | ||||||
24 | dissemination of information concerning real estate available | ||||||
25 | for sale,
purchase, lease, or
exchange for the purpose of | ||||||
26 | providing licensees with a system by which licensees may | ||||||
27 | cooperatively share information, along with which no other | ||||||
28 | brokerage
licensed activities , as described in the definition | ||||||
29 | of "broker" under Section 1-10 of this Act, are provided.
| ||||||
30 | (8) Railroads and other public utilities regulated by the | ||||||
31 | State of Illinois,
or the officers or full time employees | ||||||
32 | thereof, unless the performance of any
licensed activities is | ||||||
33 | in connection with the sale, purchase, lease, or other
| ||||||
34 | disposition of real estate or investment therein not needing | ||||||
35 | the approval of
the appropriate State regulatory authority.
| ||||||
36 | (9) Any medium of advertising in the routine course of |
| |||||||
| |||||||
1 | selling or publishing
advertising , along with which no other | ||||||
2 | brokerage
licensed activities , as described in the definition | ||||||
3 | of "broker" under Section 1-10 of this Act, are provided.
| ||||||
4 | (10) Any resident lessee of a residential dwelling unit who | ||||||
5 | refers for
compensation to the owner of the dwelling unit, or | ||||||
6 | to the owner's agent,
prospective lessees of dwelling units in | ||||||
7 | the same building or complex as the
resident lessee's unit, but | ||||||
8 | only if the resident lessee (i) refers no more than
3 | ||||||
9 | prospective lessees in any 12-month period, (ii) receives | ||||||
10 | compensation of no
more than $1,000 or the equivalent of one | ||||||
11 | month's rent, whichever is less, in
any 12-month period, and | ||||||
12 | (iii) limits his or her activities to referring
prospective | ||||||
13 | lessees to the owner, or the owner's agent, and does not show a
| ||||||
14 | residential dwelling unit to a prospective lessee, discuss | ||||||
15 | terms or conditions
of leasing a dwelling unit with a | ||||||
16 | prospective lessee, or otherwise participate
in the | ||||||
17 | negotiation of the leasing of a dwelling unit.
| ||||||
18 | (11) An exchange company registered under the Real Estate | ||||||
19 | Timeshare Act of
1999 and the regular employees of that | ||||||
20 | registered exchange company but only
when conducting an | ||||||
21 | exchange program as defined in that Act.
| ||||||
22 | (12) An existing timeshare owner who, for compensation, | ||||||
23 | refers prospective
purchasers, but only if the existing | ||||||
24 | timeshare owner (i) refers no more than 20
prospective | ||||||
25 | purchasers in any calendar year, (ii) receives no more than | ||||||
26 | $1,000,
or its equivalent, for referrals in any calendar year | ||||||
27 | and (iii) limits his or
her activities to referring prospective | ||||||
28 | purchasers of timeshare interests to
the developer or the | ||||||
29 | developer's employees or agents, and does not show,
discuss | ||||||
30 | terms or conditions of purchase or otherwise participate in
| ||||||
31 | negotiations with regard to timeshare interests.
| ||||||
32 | (13) Any person who is licensed without examination under
| ||||||
33 | Section 10-25 of the Auction License Act is exempt from holding | ||||||
34 | a broker's or
salesperson's license under this Act for the | ||||||
35 | limited purpose of selling or
leasing real estate at auction, | ||||||
36 | so long as:
|
| |||||||
| |||||||
1 | (A) that person has made application for said | ||||||
2 | exemption by July 1, 2000;
| ||||||
3 | (B) that person verifies to OBRE that he or she has | ||||||
4 | sold real estate
at auction for a period of 5 years | ||||||
5 | prior to licensure as an auctioneer;
| ||||||
6 | (C) the person has had no lapse in his or her | ||||||
7 | license as an
auctioneer; and
| ||||||
8 | (D) the license issued under the Auction License | ||||||
9 | Act has not been
disciplined for violation of those | ||||||
10 | provisions of Article 20 of the Auction
License Act | ||||||
11 | dealing with or related to the sale or lease of real | ||||||
12 | estate at
auction.
| ||||||
13 | (14) A hotel operator who is registered with the Illinois | ||||||
14 | Department of
Revenue and pays taxes under the Hotel Operators' | ||||||
15 | Occupation Tax Act and rents
a room or rooms in a hotel as | ||||||
16 | defined in the Hotel Operators' Occupation Tax
Act for a period | ||||||
17 | of not more than 30 consecutive days and not more than 60 days
| ||||||
18 | in a calendar year.
| ||||||
19 | (Source: P.A. 91-245, eff. 12-31-99; 91-585, eff. 1-1-00; | ||||||
20 | 91-603, eff.
1-1-00; 92-16, eff. 6-28-01; 92-217, eff. 8-2-01.)
| ||||||
21 | (225 ILCS 454/5-25)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
23 | Sec. 5-25. Application for and issuance of broker or | ||||||
24 | salesperson license.
| ||||||
25 | (a) Every person who desires to obtain a license shall make | ||||||
26 | application to
OBRE in writing
upon forms prepared and | ||||||
27 | furnished by OBRE. In addition to any other
information | ||||||
28 | required to be
contained in the application, every application | ||||||
29 | for an original or renewed
license shall include the
| ||||||
30 | applicant's Social Security number. Each applicant shall be at | ||||||
31 | least 21 years
of age, be of good
moral character, and have | ||||||
32 | successfully completed a 4-year course of study in a
high | ||||||
33 | school or
secondary school approved by the Illinois State Board | ||||||
34 | of Education or an
equivalent course of
study as determined by | ||||||
35 | an examination conducted by the Illinois State Board of
|
| |||||||
| |||||||
1 | Education and shall
be verified under oath by the applicant. | ||||||
2 | The minimum age of 21 years shall be
waived for any
person | ||||||
3 | seeking a license as a real estate salesperson who has attained | ||||||
4 | the age
of 18 and can provide
evidence of the successful | ||||||
5 | completion of at least 4 semesters of post-secondary
school | ||||||
6 | study as a
full-time student or the equivalent, with major | ||||||
7 | emphasis on real estate
courses, in a school approved
by OBRE. | ||||||
8 | Every applicant for a broker's license must provide | ||||||
9 | satisfactory proof to the Department of having been licensed | ||||||
10 | and engaged in licensed real estate brokerage activities in the | ||||||
11 | applicant's state of domicile for at least 2 years out the 3 | ||||||
12 | years immediately preceding the date of application.
| ||||||
13 | (b) When an applicant has had his or her license revoked on | ||||||
14 | a prior occasion
or when an
applicant is found to have | ||||||
15 | committed any of the practices enumerated in Section
20-20 of | ||||||
16 | this Act or when an
applicant has been convicted of forgery, | ||||||
17 | embezzlement, obtaining money under
false pretenses,
larceny, | ||||||
18 | extortion, conspiracy to defraud, or any other similar offense | ||||||
19 | or
offenses or has been
convicted of a felony involving moral | ||||||
20 | turpitude in any court of competent
jurisdiction in this or any
| ||||||
21 | other state, district, or territory of the United States or of | ||||||
22 | a foreign
country, the Board may consider
the prior revocation, | ||||||
23 | conduct, or conviction in its determination of the
applicant's | ||||||
24 | moral character
and whether to grant the applicant a license. | ||||||
25 | In its consideration of the
prior revocation, conduct,
or | ||||||
26 | conviction, the Board shall take into account the nature of the | ||||||
27 | conduct, any
aggravating or
extenuating circumstances, the | ||||||
28 | time elapsed since the revocation, conduct, or
conviction, the
| ||||||
29 | rehabilitation or restitution performed by the applicant, and | ||||||
30 | any other factors
that the Board deems
relevant. When an | ||||||
31 | applicant has made a false statement of material fact on
his or | ||||||
32 | her application, the
false statement may in itself be | ||||||
33 | sufficient grounds to revoke or refuse to
issue a license.
| ||||||
34 | (c) Every valid application for issuance of an initial | ||||||
35 | license shall be
accompanied by a sponsor
card and the fees | ||||||
36 | specified by rule.
|
| |||||||
| |||||||
1 | (d) No applicant shall engage in any of the activities | ||||||
2 | covered by this Act
until a valid sponsor
card has been issued | ||||||
3 | to such applicant. The sponsor card shall be valid for a
| ||||||
4 | maximum period of
45 days from the date of issuance unless | ||||||
5 | extended for good cause as provided by
rule.
| ||||||
6 | (e) OBRE shall issue to each applicant entitled thereto a | ||||||
7 | license in such
form and size as shall
be prescribed by OBRE. | ||||||
8 | The procedure for terminating a license shall be
printed on the | ||||||
9 | reverse
side of the license. Each license shall bear the name | ||||||
10 | of the person so
qualified, shall specify
whether the person is | ||||||
11 | qualified to act in a broker or salesperson capacity,
and shall | ||||||
12 | contain such
other information as shall be recommended by the | ||||||
13 | Board and approved by OBRE.
Each person
licensed under this Act | ||||||
14 | shall display his or her license conspicuously in his
or her | ||||||
15 | place of business.
| ||||||
16 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
17 | (225 ILCS 454/5-30)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
19 | Sec. 5-30. Education requirements to obtain an original | ||||||
20 | broker or
salesperson
license. | ||||||
21 | (a) All applicants for a broker's license, except | ||||||
22 | applicants who meet the
criteria set forth in
subsection (c) of | ||||||
23 | this Section shall (i) give satisfactory evidence of having
| ||||||
24 | completed at
least 120 classroom
hours, 45 of which shall be | ||||||
25 | those hours required to obtain a salesperson's
license plus 15 | ||||||
26 | hours in
brokerage administration courses, in real estate | ||||||
27 | courses approved by the
Advisory Council or (ii)
for applicants | ||||||
28 | who currently hold a valid real estate salesperson's license,
| ||||||
29 | give satisfactory evidence
of having completed at least 75 | ||||||
30 | hours in real estate courses, not including the
courses that | ||||||
31 | are
required to obtain a salesperson's license, approved by the | ||||||
32 | Advisory Council.
| ||||||
33 | (b) All applicants for a salesperson's license, except | ||||||
34 | applicants who meet
the criteria set forth in
subsection (c) of | ||||||
35 | this Section shall give satisfactory evidence that they have
|
| |||||||
| |||||||
1 | completed at least 45 hours of
instruction in real estate | ||||||
2 | courses approved by the Advisory Council.
| ||||||
3 | (c) The requirements specified in subsections (a) and (b) | ||||||
4 | of this Section do
not apply to applicants who are currently | ||||||
5 | admitted to practice law by the Supreme Court of
Illinois
and | ||||||
6 | are
currently in active standing.
| ||||||
7 | (d) A minimum of 15 of the required hours of pre-license | ||||||
8 | education shall be
in the areas of
Article 15 of this Act, | ||||||
9 | disclosure and environmental issues, or any other
currently | ||||||
10 | topical areas that are
determined by the Advisory Council.
| ||||||
11 | (Source: P.A. 93-957, eff. 8-19-04.)
| ||||||
12 | (225 ILCS 454/5-40)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
14 | Sec. 5-40. Sponsor card; termination indicated by license | ||||||
15 | endorsement;
association
with new broker.
| ||||||
16 | (a) The sponsoring broker shall prepare upon forms provided | ||||||
17 | by OBRE and
deliver to each
licensee employed by or associated | ||||||
18 | with the sponsoring broker a sponsor card
certifying that the
| ||||||
19 | person whose name appears thereon is in fact employed by or | ||||||
20 | associated with the
sponsoring
broker. The sponsoring broker | ||||||
21 | shall send, by certified mail, return receipt
requested, or | ||||||
22 | other delivery service
requiring a signature upon delivery,
a | ||||||
23 | duplicate of each sponsor card,
along with a valid
license or | ||||||
24 | other authorization as provided by rule and the appropriate | ||||||
25 | fee, to
OBRE within 24 hours
of issuance of the sponsor card. | ||||||
26 | It is a violation of this Act for any broker
to issue a sponsor | ||||||
27 | card to
any licensee or applicant unless the licensee or | ||||||
28 | applicant presents in hand a
valid license or other
| ||||||
29 | authorization as provided by rule. All licenses of sponsored | ||||||
30 | licensees shall be issued to the sponsoring broker at the | ||||||
31 | sponsoring broker's address of record.
| ||||||
32 | (b) When a licensee terminates his or her employment or | ||||||
33 | association with a
sponsoring broker
or the employment is | ||||||
34 | terminated by the sponsoring broker, the licensee shall
obtain | ||||||
35 | from the
sponsoring broker his or her license endorsed by the |
| |||||||
| |||||||
1 | sponsoring broker
indicating the
termination. The
sponsoring | ||||||
2 | broker shall surrender to OBRE a copy of the license of the
| ||||||
3 | licensee within 2 days of
the termination or shall notify OBRE | ||||||
4 | in writing of the termination and
explain why a copy of
the | ||||||
5 | license is not surrendered. Failure of the sponsoring broker to | ||||||
6 | surrender
the license shall
subject the sponsoring broker to | ||||||
7 | discipline under Section 20-20 of this Act.
The
license of any | ||||||
8 | licensee
whose association with a sponsoring broker is | ||||||
9 | terminated shall automatically
become inoperative
immediately | ||||||
10 | upon the termination unless the licensee accepts employment or
| ||||||
11 | becomes associated
with a new sponsoring broker pursuant to | ||||||
12 | subsection (c) of this Section.
| ||||||
13 | (c) When a licensee accepts employment or association with | ||||||
14 | a new sponsoring
broker, the new
sponsoring broker shall send, | ||||||
15 | by certified mail, return receipt requested, or
other delivery | ||||||
16 | service
requiring a signature upon delivery,
to OBRE a | ||||||
17 | duplicate sponsor card, along with the
licensee's endorsed
| ||||||
18 | license or an affidavit of the licensee of why the endorsed | ||||||
19 | license is not
surrendered, and shall pay
the appropriate fee | ||||||
20 | prescribed by rule to cover administrative expenses
attendant | ||||||
21 | to the changes in
the registration of the licensee.
| ||||||
22 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
23 | (225 ILCS 454/5-50)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
25 | Sec. 5-50. Expiration date and renewal period of broker, | ||||||
26 | salesperson, or
leasing agent license; sponsoring broker;
| ||||||
27 | register of licensees; pocket card. | ||||||
28 | (a) The expiration date and renewal period for each license | ||||||
29 | issued under
this Act shall be set by
rule. The renewal for | ||||||
30 | each sponsored licensee shall be mailed to that licensee's | ||||||
31 | sponsoring broker's address of record not less than 60 days | ||||||
32 | before the expiration date of the license of the sponsored | ||||||
33 | licensee. Except as otherwise provided in Section 5-55 of this | ||||||
34 | Act, the holder of
a
license may renew
the license within 90 | ||||||
35 | days preceding the expiration date thereof by paying the
fees |
| |||||||
| |||||||
1 | specified by
rule. Upon written request from the sponsoring | ||||||
2 | broker, OBRE shall prepare and
mail to the
sponsoring broker a | ||||||
3 | listing of licensees under this Act who, according to the
| ||||||
4 | records of OBRE, are
sponsored by that broker. Every licensee | ||||||
5 | associated with or employed by a
broker whose license is
| ||||||
6 | revoked, suspended, terminated, or expired shall be considered | ||||||
7 | as inoperative
until such time as the
sponsoring broker's | ||||||
8 | license is reinstated or renewed, or the licensee changes
| ||||||
9 | employment as set
forth in subsection (c) of Section 5-40 of | ||||||
10 | this Act.
| ||||||
11 | (b) OBRE shall establish and maintain a register of all | ||||||
12 | persons currently
licensed by the State
and shall issue and | ||||||
13 | prescribe a form of pocket card. Upon payment by a
licensee of | ||||||
14 | the appropriate
fee as prescribed by rule for engagement in the | ||||||
15 | activity for which the licensee
is qualified and holds
a | ||||||
16 | license for the current period, OBRE shall issue a pocket card | ||||||
17 | to the
licensee. The pocket card
shall be verification that the | ||||||
18 | required fee for the current period has been
paid and shall | ||||||
19 | indicate that
the person named thereon is licensed for the | ||||||
20 | current renewal period as a
broker, salesperson, or
leasing | ||||||
21 | agent as the case may be. The pocket card shall further | ||||||
22 | indicate that
the person named
thereon is authorized by OBRE to | ||||||
23 | engage in the licensed activity appropriate
for his or her | ||||||
24 | status
(broker, salesperson, or leasing agent). Each licensee | ||||||
25 | shall carry on his or
her person his or her
pocket card or, if | ||||||
26 | such pocket card has not yet been issued, a properly issued
| ||||||
27 | sponsor card when
engaging in any licensed activity and shall | ||||||
28 | display the same on demand.
| ||||||
29 | (c) Any person licensed as a broker shall be entitled at | ||||||
30 | any renewal date to change his or her license status from | ||||||
31 | broker to salesperson.
| ||||||
32 | (Source: P.A. 93-957, eff. 8-19-04.)
| ||||||
33 | (225 ILCS 454/5-70)
| ||||||
34 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
35 | Sec. 5-70. Continuing education requirement; broker or |
| |||||||
| |||||||
1 | salesperson.
| ||||||
2 | (a) The requirements of this Section apply to all | ||||||
3 | licensees.
| ||||||
4 | (b) Except as otherwise
provided in this Section, each
| ||||||
5 | person who applies for renewal of his or her license as a real
| ||||||
6 | estate broker or real
estate salesperson must successfully | ||||||
7 | complete real estate continuing education
courses approved by
| ||||||
8 | the Advisory Council at the rate of 6 hours per year or its | ||||||
9 | equivalent. In addition, beginning with the pre-renewal period | ||||||
10 | for broker licensees that begins after the effective date of | ||||||
11 | this amendatory Act of the 93rd General Assembly, to renew a | ||||||
12 | real estate broker's license, the licensee must successfully | ||||||
13 | complete a 6-hour broker management continuing education | ||||||
14 | course approved by OBRE. Successful completion of the course | ||||||
15 | shall include achieving a passing score as provided by rule on | ||||||
16 | a test developed and administered in accordance with rules | ||||||
17 | adopted by the OBRE. Beginning on the first day of the | ||||||
18 | pre-renewal period for broker licensees that begins after the | ||||||
19 | effective date of this amendatory Act of the 93rd General | ||||||
20 | Assembly, the 6-hour broker management continuing education | ||||||
21 | course must be completed by all persons receiving their initial | ||||||
22 | broker's license within 180 days after the date of initial | ||||||
23 | licensure as a broker. No
license may be renewed
except upon | ||||||
24 | the successful completion of the required courses or their
| ||||||
25 | equivalent or upon a waiver
of those requirements for good | ||||||
26 | cause shown as determined by the Commissioner
with the
| ||||||
27 | recommendation of the Advisory Council.
The requirements of | ||||||
28 | this Article are applicable to all brokers and salespersons
| ||||||
29 | except those brokers
and salespersons who, during the | ||||||
30 | pre-renewal period:
| ||||||
31 | (1) serve in the armed services of the United States;
| ||||||
32 | (2) serve as an elected State or federal official;
| ||||||
33 | (3) serve as a full-time employee of OBRE; or
| ||||||
34 | (4) are admitted to practice law pursuant to Illinois | ||||||
35 | Supreme Court rule.
| ||||||
36 | (c) A person who is issued an initial license as a real |
| |||||||
| |||||||
1 | estate salesperson
less than 90 days
one year prior
to the | ||||||
2 | expiration date of that license shall not be required to | ||||||
3 | complete
continuing education as a
condition of license | ||||||
4 | renewal. A person who is issued an initial license as a
real | ||||||
5 | estate broker less
than 90 days
one year prior to the | ||||||
6 | expiration date of that license and who has not been
licensed | ||||||
7 | as a real estate
salesperson during the pre-renewal period
| ||||||
8 | shall not be required to complete
continuing education as
a | ||||||
9 | condition of license renewal. A
person receiving an initial | ||||||
10 | license as a real estate broker
during the 90 days before the | ||||||
11 | broker renewal date shall not be
required to complete the | ||||||
12 | broker management continuing
education course provided for in | ||||||
13 | subsection (b) of this
Section as a condition of initial | ||||||
14 | license renewal.
| ||||||
15 | (d) The continuing education requirement for salespersons | ||||||
16 | and brokers shall
consist of a core
curriculum and an elective | ||||||
17 | curriculum, to be established by the Advisory
Council. In | ||||||
18 | meeting the
continuing education requirements of this Act, at | ||||||
19 | least 3 hours per year or
their equivalent shall
be required to | ||||||
20 | be completed in the core curriculum.
In establishing the core | ||||||
21 | curriculum, the Advisory Council shall consider
subjects that | ||||||
22 | will
educate licensees on recent changes in applicable laws and | ||||||
23 | new laws and refresh
the licensee on areas
of the license law | ||||||
24 | and OBRE policy that the Advisory Council deems appropriate,
| ||||||
25 | and any other
areas that the Advisory Council deems timely and | ||||||
26 | applicable in order to prevent
violations of this Act
and to | ||||||
27 | protect the public.
In establishing the elective curriculum, | ||||||
28 | the Advisory Council shall consider
subjects that cover
the | ||||||
29 | various aspects of the practice of real estate that are covered | ||||||
30 | under the
scope of this Act.
However, the elective curriculum | ||||||
31 | shall not include any offerings referred to in
Section 5-85 of | ||||||
32 | this Act.
| ||||||
33 | (e) The subject areas of continuing education courses | ||||||
34 | approved by the
Advisory Council may
include without limitation | ||||||
35 | the following:
| ||||||
36 | (1) license law and escrow;
|
| |||||||
| |||||||
1 | (2) antitrust;
| ||||||
2 | (3) fair housing;
| ||||||
3 | (4) agency;
| ||||||
4 | (5) appraisal;
| ||||||
5 | (6) property management;
| ||||||
6 | (7) residential brokerage;
| ||||||
7 | (8) farm property management;
| ||||||
8 | (9) rights and duties of sellers, buyers, and brokers;
| ||||||
9 | (10) commercial brokerage and leasing; and
| ||||||
10 | (11) real estate financing.
| ||||||
11 | (f) In lieu of credit for those courses listed in | ||||||
12 | subsection (e) of this
Section, credit may be
earned for | ||||||
13 | serving as a licensed instructor in an approved course of | ||||||
14 | continuing
education. The
amount of credit earned for teaching | ||||||
15 | a course shall be the amount of continuing
education credit for
| ||||||
16 | which the course is approved for licensees taking the course.
| ||||||
17 | (g) Credit hours may be earned for self-study programs | ||||||
18 | approved by the
Advisory Council.
| ||||||
19 | (h) A broker or salesperson may earn credit for a specific | ||||||
20 | continuing
education course only
once during the prerenewal | ||||||
21 | period.
| ||||||
22 | (i) No more than 6 hours of continuing education credit may | ||||||
23 | be earned in one
calendar day.
| ||||||
24 | (j) To promote the offering of a uniform and consistent | ||||||
25 | course content, the OBRE may provide for the development of a | ||||||
26 | single broker management course to be offered by all continuing | ||||||
27 | education providers who choose to offer the broker management | ||||||
28 | continuing education course. The OBRE may contract for the | ||||||
29 | development of the 6-hour broker management continuing | ||||||
30 | education course with an outside vendor and, if the course is | ||||||
31 | developed in this manner, the OBRE shall license the use of | ||||||
32 | that course to all approved continuing education providers who | ||||||
33 | wish to provide the course.
| ||||||
34 | (k) Continuing education credit hours may not be earned for | ||||||
35 | completion of pre-license courses.
| ||||||
36 | (Source: P.A. 93-957, eff. 8-19-04.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/25-20)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 25-20. Staff. OBRE shall employ sufficient staff to | ||||||
4 | carry out the provisions of this Act. The Secretary shall | ||||||
5 | employ, in conformity with the Personnel Code, not less than | ||||||
6 | one full-time investigator for every 10,000 licensees under | ||||||
7 | this Act for the investigation of complaints alleging | ||||||
8 | violations of this Act and shall employ, in conformity with the | ||||||
9 | Personnel Code or contractually, 2 full-time investigators for | ||||||
10 | the investigation of unlicensed persons or entities engaged in | ||||||
11 | activities for which this Act requires a license. The authority | ||||||
12 | to enforce the provisions of this Act through judicial | ||||||
13 | proceedings is as set forth in Sections 20-80 and 20-120 of | ||||||
14 | this Act.
| ||||||
15 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
16 | (225 ILCS 454/30-15)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
18 | Sec. 30-15. Licensing of continuing education schools; | ||||||
19 | approval of
courses.
| ||||||
20 | (a) Only continuing education schools in possession of a | ||||||
21 | valid continuing
education
school license
may provide real | ||||||
22 | estate continuing education courses that will satisfy the
| ||||||
23 | requirements of this
Act. Pre-license schools licensed to offer | ||||||
24 | pre-license education courses for
salespersons and
brokers | ||||||
25 | shall qualify for a continuing education school license upon | ||||||
26 | completion
of an application
and the submission of the required | ||||||
27 | fee. Every entity that desires to obtain a
continuing education
| ||||||
28 | school license shall make application to OBRE in writing in | ||||||
29 | forms prescribed by
OBRE and pay
the fee prescribed by rule. In | ||||||
30 | addition to any other information required to
be contained in | ||||||
31 | the
application, every application for an original or renewed | ||||||
32 | license shall include
the applicant's Social
Security number.
| ||||||
33 | (b) The criteria for a continuing education license
shall | ||||||
34 | include the
following:
|
| |||||||
| |||||||
1 | (1) A sound financial base for establishing, | ||||||
2 | promoting, and delivering the
necessary
courses. Budget | ||||||
3 | planning for the School's courses should be clearly | ||||||
4 | projected.
| ||||||
5 | (2) A sufficient number of qualified, licensed | ||||||
6 | instructors as provided by
rule.
| ||||||
7 | (3) Adequate support personnel to assist with | ||||||
8 | administrative matters and
technical
assistance.
| ||||||
9 | (4) Maintenance and availability of records of | ||||||
10 | participation for
licensees.
| ||||||
11 | (5) The ability to provide each participant who | ||||||
12 | successfully completes an
approved
program with a | ||||||
13 | certificate of completion signed by the administrator of a
| ||||||
14 | licensed continuing
education school on forms provided by | ||||||
15 | OBRE.
| ||||||
16 | (6) The continuing education school must have a written | ||||||
17 | policy dealing
with
procedures for the management of | ||||||
18 | grievances and fee refunds.
| ||||||
19 | (7) The continuing education school shall maintain | ||||||
20 | lesson plans and
examinations for
each course.
| ||||||
21 | (8) The continuing education school shall require a 70% | ||||||
22 | passing grade for
successful
completion of any continuing | ||||||
23 | education course.
| ||||||
24 | (9) The continuing education school shall identify and | ||||||
25 | use instructors who
will teach
in a planned program. | ||||||
26 | Suggested criteria for instructor selections include:
| ||||||
27 | (A) appropriate credentials;
| ||||||
28 | (B) competence as a teacher;
| ||||||
29 | (C) knowledge of content area; and
| ||||||
30 | (D) qualification by experience.
| ||||||
31 | (10) The continuing education school must provide for | ||||||
32 | closed book examinations for each course. | ||||||
33 | (11) The continuing education school shall provide a | ||||||
34 | proctor for each examination. The continuing education | ||||||
35 | school shall be responsible for the conduct of the proctor. | ||||||
36 | The duties and responsibilities of a proctor shall be |
| |||||||
| |||||||
1 | established by rule.
| ||||||
2 | (c) Advertising and promotion of continuing education | ||||||
3 | activities must be
carried out in
a responsible fashion, | ||||||
4 | clearly showing the educational objectives of the
activity, the | ||||||
5 | nature of the
audience that may benefit from the activity, the | ||||||
6 | cost of the activity to the
participant and the items
covered | ||||||
7 | by the cost, the amount of credit that can be earned, and the
| ||||||
8 | credentials of the faculty.
| ||||||
9 | (d) OBRE may or upon request of the Advisory Council shall, | ||||||
10 | after notice,
cause a
continuing education school to attend an | ||||||
11 | informal conference before the
Advisory Council for
failure to | ||||||
12 | comply with any requirement for licensure or for failure to | ||||||
13 | comply
with any provision of
this Act or the rules for the | ||||||
14 | administration of this Act. The Advisory Council
shall make a
| ||||||
15 | recommendation to the Board as a result of its findings at the | ||||||
16 | conclusion of
any such informal
conference.
| ||||||
17 | (e) All continuing education schools shall maintain these | ||||||
18 | minimum criteria
and pay
the required fee in order to retain | ||||||
19 | their continuing education school license.
| ||||||
20 | (f) All continuing education schools shall submit, at the | ||||||
21 | time of initial
application and
with each license renewal, a | ||||||
22 | list of courses with course materials to be
offered by the | ||||||
23 | continuing
education school. OBRE, however, shall establish a | ||||||
24 | mechanism whereby
continuing education
schools may apply for | ||||||
25 | and obtain approval for continuing education courses that
are | ||||||
26 | submitted
after the time of initial application or renewal. | ||||||
27 | OBRE shall provide to each
continuing education
school a | ||||||
28 | certificate for each approved continuing education course. All
| ||||||
29 | continuing education
courses shall be valid for the period | ||||||
30 | coinciding with the term of license of
the continuing education
| ||||||
31 | school. All continuing education schools shall provide a copy | ||||||
32 | of the
certificate of the continuing
education course within | ||||||
33 | the course materials given to each student or shall
display a | ||||||
34 | copy of the
certificate of the continuing education course in a | ||||||
35 | conspicuous place at the
location of the class.
| ||||||
36 | (g) Each continuing education school shall provide to OBRE |
| |||||||
| |||||||
1 | a monthly report
in a
format determined by OBRE, with | ||||||
2 | information concerning students who
successfully completed all
| ||||||
3 | approved continuing education courses offered by the | ||||||
4 | continuing education
school for the prior
month.
| ||||||
5 | (h) OBRE, upon the recommendation of the Advisory Council, | ||||||
6 | may temporarily
suspend a licensed continuing education | ||||||
7 | school's approved courses without
hearing and refuse to
accept | ||||||
8 | successful completion of or participation in any of these | ||||||
9 | continuing
education courses for
continuing education credit | ||||||
10 | from that school upon the failure of that
continuing education | ||||||
11 | school
to comply with the provisions of this Act or the rules | ||||||
12 | for the administration
of this Act, until such
time as OBRE | ||||||
13 | receives satisfactory assurance of compliance. OBRE shall | ||||||
14 | notify
the continuing
education school of the noncompliance and | ||||||
15 | may initiate disciplinary
proceedings pursuant to
this Act.
| ||||||
16 | OBRE may refuse to issue, suspend, revoke, or otherwise | ||||||
17 | discipline the license
of a continuing
education school or may | ||||||
18 | withdraw approval of a continuing education course for
good | ||||||
19 | cause.
Failure to comply with the requirements of this Section | ||||||
20 | or any other
requirements
established by rule shall
be deemed | ||||||
21 | to be good cause. Disciplinary proceedings shall be conducted | ||||||
22 | by the
Board in the same
manner as other disciplinary | ||||||
23 | proceedings under this Act.
| ||||||
24 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
25 | (225 ILCS 454/30-25)
| ||||||
26 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
27 | Sec. 30-25. Licensing of continuing education instructors.
| ||||||
28 | (a) No person shall act as a core curriculum continuing | ||||||
29 | education instructor at a continuing education school or branch | ||||||
30 | without possessing a valid continuing education instructor | ||||||
31 | license and satisfying any other qualification criteria | ||||||
32 | established by the Department by rule.
Only persons approved by | ||||||
33 | the Advisory Council and in possession of a
valid continuing
| ||||||
34 | education instructor license issued by OBRE may instruct | ||||||
35 | continuing education
courses.
|
| |||||||
| |||||||
1 | (b) Every person who desires to obtain a continuing | ||||||
2 | education instructor
license shall make
application to OBRE in | ||||||
3 | writing on forms prescribed by the Office, accompanied
by the | ||||||
4 | fee
prescribed by rule. In addition to any other information | ||||||
5 | required to be
contained in the application,
every application | ||||||
6 | for an original or renewed license shall include the
| ||||||
7 | applicant's Social Security
number. Every person who desires to | ||||||
8 | obtain or renew a continuing education instructor's license | ||||||
9 | shall attend and successfully complete a one-day instructor | ||||||
10 | development workshop, as approved by the Department. All | ||||||
11 | continuing education instructors must teach at least one course | ||||||
12 | within the period of licensure. The term of licensure for a | ||||||
13 | continuing education instructor shall be 2 years and as | ||||||
14 | established by rule. OBRE shall issue a continuing education | ||||||
15 | instructor license to
applicants who meet
qualification | ||||||
16 | criteria established by this Act or rule.
| ||||||
17 | (c) OBRE may refuse to issue, suspend, revoke, or otherwise | ||||||
18 | discipline a
continuing education
instructor for good cause. | ||||||
19 | Disciplinary proceedings shall be conducted by the
Board in the | ||||||
20 | same
manner as other disciplinary proceedings under this Act. | ||||||
21 | The term of a license
for a continuing
education instructor | ||||||
22 | shall be 2 years and as established by rule. All
Continuing
| ||||||
23 | Education Instructors
must teach at least one course within the | ||||||
24 | period of licensure or take an
instructor training program
| ||||||
25 | approved by OBRE in lieu thereof.
| ||||||
26 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
27 | Section 99. Effective date. This Act takes effect upon | ||||||
28 | becoming law.
|