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91_SB0736
LRB9101070ACdv
1 AN ACT relating to home inspection.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Home Inspectors Licensing Act.
6 Section 5. Legislative purpose. The General Assembly
7 finds that the practice of home inspection in the State of
8 Illinois affects the public health, safety, and welfare and
9 its regulation and control is in the public interest. It is
10 further declared that the practice of home inspection plays
11 an important part in the attainment and maintenance of health
12 and that it is in the public's best interest that persons who
13 present themselves as providers of these services meet
14 specific requirements and qualifications. This Act shall be
15 liberally construed to best carry out these objectives and
16 purposes.
17 Section 10. Definitions. As used in this Act:
18 "Board" means the Home Inspectors Licensing Board.
19 "Department" means the Department of Professional
20 Regulation.
21 "Director" means the Director of Professional Regulation.
22 "Home inspection" means an inspection and written
23 evaluation of one or more of the following components of a
24 residential building: heating system, cooling system,
25 plumbing system, electrical system, structural components,
26 foundation, roof, masonry structure, exterior and interior
27 components, or any other related residential housing
28 component as determined by the board by rule.
29 "Home inspector" means an individual who engages in the
30 business of performing home inspections for compensation.
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1 "Residential building" means any dwelling, from one to 4
2 units in design, intended principally for residential
3 purposes by one or more individuals.
4 Section 15. License required.
5 (a) No individual may practice home inspection, as
6 defined in this Act, or hold himself or herself out as a home
7 inspector without applying for and obtaining a license in
8 accordance with this Act.
9 (b) This Act does not prohibit a person licensed in this
10 State under any other Act from providing the services for
11 which he or she is licensed or the practice of home
12 inspection by any person who is employed as a code
13 enforcement official by the State or any of its bureaus,
14 divisions, or agencies when acting within the scope of that
15 government employment.
16 Section 20. Unlicensed practice; violation; civil
17 penalty.
18 (a) In addition to any other penalty provided by law, a
19 person who violates subsection (a) of Section 15 shall pay a
20 civil penalty to the Department in an amount not to exceed
21 $5,000 for each offense as determined by the Department. The
22 civil penalty shall be assessed by the Department after a
23 hearing is held in accordance with the provisions set forth
24 in this Act regarding the provision of a hearing for the
25 discipline of a licensee.
26 (b) The Department has the authority and power to
27 investigate any and all unlicensed activity.
28 (c) The civil penalty shall be paid within 60 days after
29 the effective date of the order imposing the civil penalty.
30 The order shall constitute a judgment and may be filed and
31 execution had thereon in the same manner as any judgment from
32 any court record.
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1 Section 25. Powers and duties of the Department.
2 (a) The Department shall exercise the powers and duties
3 prescribed by the Civil Administrative Code of Illinois for
4 the administration of licensing Acts and shall exercise other
5 powers and duties necessary for effectuating the purposes of
6 this Act.
7 (b) The Department may promulgate rules consistent with
8 the provisions of this Act for its administration and
9 enforcement, and may prescribe forms that shall be issued in
10 connection with this Act. The Department shall consult with
11 the Board in promulgating rules. Notice of proposed
12 rulemaking shall be transmitted to the Board and the
13 Department shall review the Board's response and any
14 recommendations made therein. The Department shall notify
15 the Board in writing with proper explanation of deviations
16 from the Board's recommendations and responses.
17 (c) The Department may at any time seek the advice and
18 the expert knowledge of the Board on any matter relating to
19 the administration of this Act.
20 (d) The Department shall issue quarterly a report to the
21 Board of the status of all complaints related to the
22 profession filed with the Department.
23 Section 30. Home Inspectors Licensing Board. The
24 Director shall appoint a Home Inspectors Licensing Board as
25 follows: 7 individuals who shall be appointed by and shall
26 serve in an advisory capacity to the Director. Of these 7
27 individuals, 6 members must be licensed under this Act and
28 currently engaged in the practice of home inspection in the
29 State of Illinois and must have been doing so for a minimum
30 of 3 years, and 1 member must be a member of the public who
31 is not licensed under this Act, or a similar Act of another
32 jurisdiction.
33 Members shall serve 4 year terms and until their
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1 successors are appointed and qualified, except the terms of
2 the initial appointments. The initial appointments shall be
3 served as follows: 2 members shall be appointed to serve for
4 2 years, 2 shall be appointed to serve for 3 years, and the
5 remaining members shall be appointed to serve for 4 years and
6 until their successors are appointed and qualified. No
7 member shall be reappointed to the Board for a term that
8 would cause his or her continuous service on the Board to be
9 longer than 8 years. Appointments to fill vacancies shall be
10 made in the same manner as original appointments, for the
11 unexpired portion of the vacated term. Initial terms shall
12 begin upon the effective date of this Act and Board members
13 in office on that date shall be appointed to specific terms
14 as indicated in this Section.
15 The membership of the Board shall reasonably represent
16 all the geographic areas in this State. Any time there is a
17 vacancy on the Board, any professional association composed
18 of persons licensed under this Act may recommend licensees to
19 fill the vacancy to the Board. Members of the Board shall
20 have no liability in any action based upon any disciplinary
21 proceeding or other activity performed in good faith as
22 members of the Board.
23 The Director shall have the authority to remove any
24 member of the Board from office for neglect of any duty
25 required by law or for incompetency or unprofessional or
26 dishonorable conduct.
27 The Director shall consider the recommendation of the
28 Board on questions of standards of professional conduct,
29 discipline, and qualifications of candidates or licensees
30 under this Act.
31 Section 35. Applications.
32 (a) Applications for original licensure shall be made to
33 the Department in writing on forms prescribed by the
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1 Department and shall be accompanied by the appropriate
2 documentation and the required fee, which shall not be
3 returnable.
4 (b) Every application shall require the information that
5 in the judgment of the Department will enable the Department
6 to pass on the qualifications of the applicant for a license.
7 (c) Every application for an original, renewal, or
8 restored license under this Act shall include the applicant's
9 social security number.
10 Section 40. Examinations. The Department shall
11 authorize examinations of applicants as home inspectors at
12 the time and places that it may determine. The examination of
13 applicants shall be of a character to give a fair test of the
14 qualifications of the applicant to practice home inspection.
15 The Department or its designated testing service shall
16 provide initial screening to determine eligibility of
17 applicants for examination.
18 Applicants for examination as home inspectors shall be
19 required to pay, either to the Department or the designated
20 testing service, a fee covering the cost of providing the
21 examination. Failure to appear for the examination on the
22 scheduled date, at the time and place specified, after the
23 applicant's application for examination has been received and
24 acknowledged by the Department or the designated testing
25 service, shall result in the forfeiture of the examination
26 fee.
27 If an applicant neglects, fails, or refuses to take an
28 examination or fails to pass an examination for a license
29 under this Act within 3 years after filing an application,
30 the application shall be denied. However, the applicant may
31 thereafter make a new application accompanied by the required
32 fee and meet the requirements for licensure in force at the
33 time of making the new application.
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1 The Department may employ consultants for the purpose of
2 preparing and conducting examinations.
3 Section 45. Home inspector; qualifications. A person
4 shall be qualified for licensure as a home inspector if that
5 person:
6 (a) has applied in writing in form and substance
7 acceptable to the Department;
8 (b) has successfully completed the examination
9 authorized by the Department, which may be or may include an
10 examination given by the American Society of Home Inspectors
11 (ASHI); and
12 (c) has performed not less than 50 home inspections in
13 the presence of a licensed home inspector or has practiced
14 home inspection for at least 1 year prior to January 1, 2000
15 and have completed 50 home inspections for compensation.
16 Section 60. Expiration; restoration; renewal. The
17 expiration date and renewal period for each license issued
18 under this Act shall be set by the Department by rule.
19 Renewal shall be conditioned on paying the required fee and
20 meeting other requirements as may be established by rule.
21 A licensee who has permitted his or her license to
22 expire or who has had his or her license on inactive
23 status may have the license restored by making
24 application to the Department, by filing proof acceptable to
25 the Department of his or her fitness to have the license
26 restored, and by paying the required fees. Proof of fitness
27 may include sworn evidence certifying to active lawful
28 practice in another jurisdiction.
29 If the licensee has not maintained an active practice
30 in another jurisdiction satisfactory to the Department,
31 the Department shall determine, by an evaluation program
32 established by rule, his or her fitness for restoration
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1 of the license and shall establish procedures and
2 requirements for restoration. However, a licensee whose
3 license expired while he or she was (1) in federal service
4 on active duty with the Armed Forces of the United States
5 or the State Militia called into service or training or
6 (2) in training or education under the supervision of the
7 United States before induction into the military service,
8 may have the license restored without paying any lapsed
9 renewal fees if within 2 years after honorable
10 termination of the service, training, or education he
11 or she furnishes the Department with satisfactory evidence
12 to the effect that he or she has been so engaged and
13 that his or her service, training, or education has been so
14 terminated.
15 Section 65. Inactive status. A licensee who notified
16 the Department in writing on forms prescribed by the
17 Department may elect to place his or her license on an
18 inactive status and shall, subject to rules of the
19 Department, be excused from payment of renewal fees until he
20 or she notifies the Department in writing of his or her
21 intention to restore the license. A licensee requesting
22 restoration from inactive status shall pay the current
23 renewal fee and shall restore his or her license in
24 accordance with Section 60 of this Act. A licensee whose
25 license is on inactive status shall not practice as a home
26 inspector in this State. A licensee who engages in practice
27 as a home inspector while his or her license is lapsed or on
28 inactive status shall be considered to be practicing without
29 a license, which shall be grounds for discipline under
30 Section 75 of this Act.
31 Section 70. Fees; returned checks.
32 (a) The Department shall set by rule fees for the
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1 administration of this Act, including but not limited to fees
2 for initial and renewal licensure and restoration of a
3 license.
4 (b) A person who delivers a check or other payment
5 to the Department that is returned to the Department
6 unpaid by the financial institution upon which it
7 is drawn shall pay to the Department, in addition to the
8 amount already owed to the Department, a fine of $50. If
9 the check or other payment was for a renewal or issuance
10 fee and that person practices without paying the renewal
11 fee or issuance fee and the fine due, an additional fine of
12 $100 shall be imposed. The fines imposed by this
13 Section are in addition to any other discipline provided
14 under this Act for unlicensed practice or practice on a
15 nonrenewed license. The Department shall notify the person
16 that fees and fines shall be paid to the Department by
17 certified check or money order within 30 calendar days
18 of the notification. If, after the expiration of 30 days
19 from the date of the notification, the person has failed to
20 submit the necessary remittance, the Department shall
21 automatically terminate the license or deny the application
22 without a hearing. If the person seeks a license after
23 termination or denial, he or she shall apply to the
24 Department for restoration or issuance of the license and pay
25 all fees and fines due to the Department. The Department may
26 establish a fee for the processing of an application for
27 restoration of a license to defray the expenses of processing
28 the application. The Director may waive the fines due under
29 this Section in individual cases if the Director finds that
30 the fines would be unreasonable or unnecessarily burdensome.
31 (c) All of the fees and fines collected under this Act
32 shall be deposited in the General Professions Dedicated Fund.
33 All monies in the fund shall be used by the Department, as
34 appropriated, for the ordinary and contingent expenses of the
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1 Department.
2 Section 75. Grounds for disciplinary action.
3 (a) The Department may refuse to issue, renew, or
4 restore a license, may revoke or suspend a license, or may
5 place on probation, censure, reprimand, or take other
6 disciplinary action with regard to a person licensed under
7 this Act, including but not limited to the imposition of
8 fines not to exceed $5,000 for each violation, for any one or
9 combination of the following causes:
10 (1) Making a material misstatement in furnishing
11 information to the Department.
12 (2) Violating a provision of this Act or its rules.
13 (3) Conviction under the laws of a United States
14 jurisdiction of a crime that is a felony or a
15 misdemeanor, an essential element of which is dishonesty,
16 or of a crime that is directly related to the practice as
17 a home inspector.
18 (4) Making a misrepresentation for the purpose of
19 obtaining, renewing, or restoring a license.
20 (5) Wilfully aiding or assisting another person in
21 violating a provision of this Act or its rules.
22 (6) Failing to provide information within 60 days
23 in response to a written request made by the Department.
24 (7) Engaging in dishonorable, unethical, or
25 unprofessional conduct of a character likely to deceive,
26 defraud, or harm the public, as defined by rule of the
27 Department.
28 (8) Discipline by another United States
29 jurisdiction or foreign nation, if at least one of the
30 grounds for discipline is the same or substantially
31 equivalent to those set forth in this Section.
32 (9) Directly or indirectly giving to or receiving
33 from a person, firm, corporation, partnership, or
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1 association a fee, commission, rebate, or other form of
2 compensation for professional services not actually or
3 personally rendered.
4 (10) A finding by the Board that the licensee,
5 after having his or her license placed on probationary
6 status, has violated the terms of probation.
7 (11) Wilfully making or filing false records or
8 reports in his or her practice, including but not limited
9 to false records or reports filed with State agencies.
10 (12) Wilfully making or signing a false statement,
11 certificate, or affidavit to induce payment.
12 (13) Employment of fraud, deception, or any
13 unlawful means in applying for or securing a license as a
14 home inspector.
15 (14) Allowing another person to use his or her
16 license to practice.
17 (15) Failure to report to the Department (A) any
18 adverse final action taken against the licensee by
19 another licensing jurisdiction, government agency, law
20 enforcement agency, or any court or (B) liability for
21 conduct that would constitute grounds for action as set
22 forth in this Section.
23 (16) Habitual intoxication or addiction to the use
24 of drugs.
25 (17) Physical illness, including but not limited to
26 deterioration through the aging process or loss of motor
27 skills, that results in the inability to practice the
28 profession of home inspection with reasonable judgment,
29 skill, or safety.
30 (b) The Department may refuse to issue or may suspend
31 the license of a person who fails to file a return, to pay
32 the tax, penalty, or interest shown in a filed return, or to
33 pay a final assessment of the tax, penalty, or interest as
34 required by a tax Act administered by the Department of
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1 Revenue, until the requirements of the tax Act are satisfied.
2 Section 80. Cease and desist order.
3 (a) If a person violates a provision of this Act, the
4 Director, in the name of the People of the State of Illinois
5 through the Attorney General of the State of Illinois, or the
6 State's Attorney of a county in which the violation occurs,
7 may petition for an order enjoining the violation or for an
8 order enforcing compliance with this Act. Upon the filing of
9 a verified petition in court, the court may issue a temporary
10 restraining order without notice or bond and may
11 preliminarily and permanently enjoin the violation. If it is
12 established that the licensee has violated or is violating
13 the injunction, the court may punish the offender for
14 contempt of court. Proceedings under this Section shall be
15 in addition to, and not in lieu of, all other remedies and
16 penalties provided by this Act.
17 (b) If a person practices as a home inspector or holds
18 himself or herself out as a home inspector without being
19 licensed under this Act, then any licensee under this Act,
20 interested party, or person injured thereby, in addition to
21 the Director or State's Attorney, may petition for relief as
22 provided in subsection (a) of this Section.
23 (c) If the Department determines that a person violated
24 a provision of this Act, the Department may issue a rule to
25 show cause why an order to cease and desist should not be
26 entered against him or her. The rule shall clearly set forth
27 the grounds relied upon by the Department and shall provide a
28 period of 7 days from the date of the rule to file an answer
29 to the satisfaction of the Department. Failure to answer to
30 the satisfaction of the Department shall cause an order to
31 cease and desist to be issued immediately.
32 Section 85. Investigation; notice; hearing. Licenses
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1 may be refused, revoked, suspended, or otherwise disciplined
2 in the manner provided by this Act and not otherwise. The
3 Department may upon its own motion and shall upon the
4 verified complaint in writing of any person setting forth
5 facts that if proven would constitute grounds for refusal to
6 issue or for suspension or revocation under this Act,
7 investigate the actions of a person applying for, holding, or
8 claiming to hold a license. The Department shall, before
9 refusing to issue or renew, suspending, or revoking a license
10 or taking other discipline pursuant to Section 75 of this
11 Act, and at least 30 days prior to the date set for the
12 hearing, notify in writing the applicant or licensee of any
13 charges made, shall afford the applicant or licensee an
14 opportunity to be heard in person or by counsel in reference
15 to the charges, and direct the applicant or licensee to file
16 a written answer to the Department under oath within 20 days
17 after the service of the notice and inform the applicant or
18 licensee that failure to file an answer will result in
19 default being taken against the applicant or licensee and
20 that the license may be suspended, revoked, placed on
21 probationary status, or other disciplinary action may be
22 taken, including limiting the scope, nature, or extent of
23 practice, as the Director may deem proper. Written notice
24 may be served by personal delivery to the applicant or
25 licensee or by mailing the notice by certified mail to his or
26 her last known place of residence or to the place of business
27 last specified by the applicant or licensee in his or her
28 last notification to the Department. If the person fails to
29 file an answer after receiving notice, his or her license
30 may, in the discretion of the Department, be suspended,
31 revoked, or placed on probationary status or the Department
32 may take whatever disciplinary action deemed proper,
33 including limiting the scope, nature, or extent of the
34 person's practice or the imposition of a fine, without a
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1 hearing, if the act or acts charged constitute sufficient
2 grounds for such action under this Act. At the time and
3 place fixed in the notice, the Department shall proceed to a
4 hearing of the charges and both the applicant or licensee and
5 the complainant shall be afforded ample opportunity to
6 present, in person or by counsel, any statements, testimony,
7 evidence, and arguments that may be pertinent to the charges
8 or to their defense. The Department may continue a hearing
9 from time to time. If the Board is not sitting at the time
10 and place fixed in the notice or at the time and place to
11 which the hearing shall have been continued, the Department
12 may continue the hearing for a period not to exceed 30 days.
13 Section 90. Record of proceedings. The Department, at its
14 expense, shall preserve a record of all proceedings at a
15 formal hearing conducted pursuant to Section 85 of this Act.
16 The notice of hearing, complaint, and all other documents in
17 the nature of pleadings and written motions filed in the
18 proceedings, the transcript of testimony, the report of the
19 Board or hearing officer, and orders of the Department shall
20 be the record of the proceeding. The Department shall supply
21 a transcript of the record to a person interested in the
22 hearing on payment of the fee required under Section 60f of
23 the Civil Administrative Code of Illinois.
24 Section 95. Order for production of documents. A circuit
25 court may, upon application of the Department or its
26 designee, or of the applicant or licensee against whom
27 proceedings pursuant to Section 85 of this Act are pending,
28 enter an order requiring the attendance of witnesses and
29 their testimony and the production of documents, papers,
30 files, books, and records in connection with a hearing or
31 investigation authorized by this Act. The court may compel
32 obedience to its order through contempt proceedings.
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1 Section 100. Subpoena power. The Department has the power
2 to subpoena and bring before it any person in this State and
3 to take testimony orally or by deposition, with the same fees
4 and mileage and in the same manner as prescribed by law in
5 judicial proceedings in civil cases in circuit courts of this
6 State. The Director and any Board member designated by the
7 Director shall each have the authority to administer, at any
8 hearing that the Department is authorized to conduct under
9 this Act, oaths to witnesses and any other oaths authorized
10 to be administered by the Department under this Act.
11 Section 105. Board report. At the conclusion of the
12 hearing, the Board shall present to the Director a written
13 report of its findings of fact, conclusions of law, and
14 recommendations. In the report, the Board shall make a
15 finding of whether or not the charged licensee or applicant
16 violated a provision of this Act or its rules and shall
17 specify the nature of the violation. In making its
18 recommendations for discipline, the Board may take into
19 consideration all facts and circumstances bearing upon the
20 reasonableness of the conduct of the respondent and the
21 potential for future harm to the public, including but not
22 limited to previous discipline of that respondent by the
23 Department, intent, degree of harm to the public and
24 likelihood of harm in the future, any restitution made, and
25 whether the incident or incidents complained of appear to be
26 isolated or a pattern of conduct. In making its
27 recommendations for discipline, the Board shall seek to
28 ensure that the severity of the discipline recommended bears
29 some reasonable relationship to the severity of the
30 violation.
31 Section 110. Motion for rehearing. In a case involving
32 the refusal to issue or renew a license or the discipline of
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1 a licensee, a copy of the Board's report shall be served upon
2 the respondent by the Department, either personally or as
3 provided under Section 85 of this Act for the service of the
4 notice of hearing. Within 20 days after the service, the
5 respondent may present to the Department a motion in writing
6 for a rehearing, which shall specify the particular grounds
7 for a rehearing. If no motion for rehearing is filed, then
8 upon the expiration of the time specified for filing the
9 motion, or if a motion for rehearing is denied, then upon the
10 denial the Director may enter an order in accordance
11 with recommendations of the Board, except as provided in
12 Section 115 or 120 of this Act. If the respondent orders
13 a transcript of the record from the reporting service and
14 pays for the transcript within the time for filing a motion
15 for rehearing, the 20-day period within which such a motion
16 may be filed shall commence upon the delivery of the
17 transcript to the respondent.
18 Section 115. Order of Director.
19 (a) The Director shall issue an order concerning the
20 disposition of the charges (i) following the expiration of
21 the filing period granted under Section 110 of this Act if no
22 motion for rehearing is filed or (ii) following a denial of a
23 timely motion for rehearing.
24 (b) The Director's order shall be based on the
25 recommendations contained in the Board's report unless, after
26 giving due consideration to the Board's report, the Director
27 disagrees in any regard with the report of the Board, in
28 which case he or she may issue an order in contravention of
29 the report. The Director shall provide a written report to
30 the Board on any deviation from the Board's report and shall
31 specify with particularity the reasons for his or her
32 deviation in the final order. The Board's report and
33 Director's order are not admissible in evidence against the
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1 person in a criminal prosecution brought for a violation of
2 this Act, but the hearing, report, and order are not a bar to
3 a criminal prosecution brought for the violation of this Act.
4 Section 120. Hearing officer. Notwithstanding the
5 provisions of Section 85 of this Act, the Director shall have
6 the authority to appoint an attorney licensed to practice law
7 in this State to serve as the hearing officer in a hearing
8 authorized under Section 85 of this Act. The Director shall
9 notify the Board of an appointment. The hearing officer
10 shall have full authority to conduct the hearing. The Board
11 has the right to have at least one member present at a
12 hearing conducted by a hearing officer appointed under this
13 Section. The hearing officer shall report his or her
14 findings of fact, conclusions of law, and recommendations to
15 the Board and the Director. The Board shall have 60 days from
16 receipt of the report to review the report of the hearing
17 officer and to present its findings of fact, conclusions of
18 law, and recommendations to the Director. If the Board fails
19 to present its report within the 60-day period, the Director
20 shall issue an order based on the report of the hearing
21 officer. If the Director disagrees in any regard with the
22 report of the Board or hearing officer, he or she may issue
23 an order in contravention of the report. The Director shall
24 provide a written explanation to the Board on a deviation
25 from the Board's report and shall specify with particularity
26 the reasons for his or her deviation in the final order.
27 Section 125. Rehearing on order of Director. Whenever the
28 Director is not satisfied that substantial justice has been
29 achieved in the discipline of a licensee, the Director may
30 order a rehearing by the same or another hearing officer or
31 by the Board.
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1 Section 130. Order; prima facie proof. An order or a
2 certified copy of an order, over the seal of the Department
3 and purporting to be signed by the Director, shall be prima
4 facie proof that:
5 (1) the signature is the genuine signature of the
6 Director;
7 (2) the Director is duly appointed and qualified;
8 and
9 (3) the Board and its members are qualified to act.
10 Section 135. Restoration of license. At any time after
11 the suspension or revocation of a license, the Department may
12 restore it to the licensee unless, after an investigation and
13 a hearing, the Department determines that restoration is not
14 in the public interest. Where circumstances of suspension or
15 revocation so indicate, or on the recommendation of the
16 Board, the Department may require an examination of the
17 licensee before restoring his or her license.
18 Section 140. Surrender of license. Upon the revocation or
19 suspension of a license, the licensee shall immediately
20 surrender the license to the Department. If the licensee
21 fails to do so, the Department shall have the right to seize
22 the license.
23 Section 145. Temporary suspension. The Director may
24 temporarily suspend the license of a home inspector without a
25 hearing, simultaneously with the institution of proceedings
26 for a hearing provided for in Section 85 of this Act, if the
27 Director finds that evidence in his or her possession
28 indicates that continuation in practice would constitute an
29 imminent danger to the public. If the Director temporarily
30 suspends a license without a hearing, a hearing by the
31 Department shall be held within 30 days after the suspension
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1 has occurred and shall be concluded without appreciable
2 delay.
3 Section 150. Certificate of record. The Department shall
4 not be required to certify any record to a Court or file an
5 answer in court or otherwise appear in a court in a judicial
6 review proceeding unless there is filed in the court, with
7 the complaint, a receipt from the Department acknowledging
8 payment of the costs of furnishing and certifying the record.
9 Failure on the part of the plaintiff to file a receipt in
10 court shall be grounds for dismissal of the action.
11 Section 155. Administrative Review Law. All final
12 administrative decisions of the Department are subject to
13 judicial review under the Administrative Review Law and its
14 rules. The term "administrative decision" is defined as in
15 Section 3-101 of the Code of Civil Procedure. Proceedings for
16 judicial review shall be commenced in the circuit court of
17 the county in which the party seeking review resides. If the
18 party seeking review is not a resident of this State, venue
19 shall be in Sangamon County.
20 Section 160. Criminal penalties. A person who is found
21 to have knowingly violated Section 15 of this Act is guilty
22 of a Class A misdemeanor for a first offense and is guilty of
23 a Class 4 felony for a second or subsequent offense.
24 Section 165. Home rule powers. The regulation and
25 licensing of home inspectors are exclusive powers and
26 functions of the State. A home rule unit shall not regulate
27 or license home inspectors. This Section is a limitation
28 under subsection (h) of Section 6 of Article VII of the
29 Illinois Constitution.
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1 Section 900. The Regulatory Sunset Act is amended by
2 adding Section 4.20 as follows:
3 (5 ILCS 80/4.20 new)
4 Sec. 4.20. Act repealed on January 1, 2010. The
5 following Act is repealed on January 1, 2010:
6 The Home Inspectors Licensing Act.
7 Section 999. Effective date. This Act takes effect
8 January 1, 2000.