Public Act 90-0318 of the 90th General Assembly
Public Act 90-0318
SB595 Enrolled LRB9003164LDdv
AN ACT to amend the Real Estate License Act of 1983 by
changing Sections 36.01, 36.10, 36.17 and 36.18.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Real Estate License Act of 1983 is
amended by changings 36.01, 36.10, 36.17 and 36.18 as
follows:
(225 ILCS 455/36.01) (from Ch. 111, par. 5836.01)
Sec. 36.01. Statement of purpose. The intent of this
Article of the Real Estate License Act of 1983 is to enable
real estate appraisers in this State to voluntarily obtain a
real estate appraiser's license or real estate appraiser's
certificate for the purpose of enabling real estate
appraisers to conduct appraisals which are required to be
performed by a State licensed or State certified appraiser
under the provisions of Title XI of the federal Financial
Institutions Reform, Recovery, and Enforcement Act of 1989,
(12 U.S.C., Chapter 34A), and Title VIII of the Civil Rights
Act of 1968 (the Fair Housing Law), and the Illinois Human
Rights Act, as now or hereafter amended. It is the intent of
the General Assembly that this Act shall be consistent with
the provisions of Title XI of the federal Financial
Institutions Reform, Recovery and Enforcement Act of 1989, as
now or hereafter amended.
Nothing in this Act shall preclude a person who is not
certified or licensed under this Article from appraising real
estate in this State for compensation.
(Source: P.A. 87-795.)
(225 ILCS 455/36.10) (from Ch. 111, par. 5836.10)
Sec. 36.10. Examination prerequisites.
(a) Certified general real estate appraiser. As a
prerequisite to taking the examination for certification as a
State certified general real estate appraiser, an applicant
shall present evidence of having successfully completed a 4
year course of study in a high school or secondary school
approved by the Illinois State Board of Education or an
equivalent course of study as determined by an examination
conducted by the Illinois State Board of Education which
shall be verified under oath by the applicant, and shall
present evidence, satisfactory to the Office of Banks and
Real Estate, that he or she has successfully completed not
less than 150 classroom hours or its equivalent, as provided
by rule, of courses in subjects relating to real estate
appraisal, plus 15 classroom hours relating to standards of
professional practice and the provisions of this Article from
one or more of the following entities, approved by the Office
of Banks and Real Estate:
(1) a college or university;
(2) a community college or junior college;
(3) a real estate appraisal or real estate related
organization;
(4) a trade association or organization that
consists in whole or in part of members engaged in real
estate appraising; or
(5) any other providers approved by the Office of
Banks and Real Estate.
(b) Certified residential real estate appraiser. As a
prerequisite to taking the examination for certification as a
State certified residential real estate appraiser, an
applicant shall present evidence of having successfully
completed a 4 year course of study in a high school or
secondary school approved by the Illinois State Board of
Education or an equivalent course of study as determined by
an examination conducted by the Illinois State Board of
Education which shall be verified under oath by the
applicant, and shall present evidence, satisfactory to the
Office of Banks and Real Estate, that he or she has
successfully completed not less than 90 classroom hours or
its equivalent, as provided by rule, or that amount mandated
under Title XI of the federal Financial Institutions Reform,
Recovery and Enforcement Act of 1989, whichever is greater,
of courses in subjects relating to real estate appraisal,
plus 15 classroom hours relating to standards of professional
practice and the provisions of this Article from one or more
of the following entities, approved by the Office of Banks
and Real Estate:
(1) a college or university;
(2) a community college or junior college;
(3) a real estate appraisal or real estate related
organization;
(4) a trade association or organization that
consists in whole or in part of members engaged in real
estate appraising; or
(5) any other provider approved by the Office of
Banks and Real Estate.
(c) Licensed real estate appraiser. As a prerequisite to
taking the examination for obtaining a license as a State
licensed real estate appraiser, an applicant shall present
evidence of having successfully completed a 4 year course of
study in a high school or secondary school approved by the
Illinois State Board of Education or an equivalent course of
study as determined by an examination conducted by the
Illinois State Board of Education which shall be verified
under oath by the applicant, and shall present evidence
satisfactory to the Office of Banks and Real Estate that he
or she has successfully completed not less than 60 classroom
hours or its equivalent, as provided by rule, of courses in
subjects relating to real estate appraisal, plus 15 classroom
hours relating to standards of professional practice and the
provisions of this Article, from one or more of the following
entities, approved by the Office of Banks and Real Estate:
(1) a college or university;
(2) a community college or junior college;
(3) a real estate appraisal or real estate related
organization;
(4) a trade association or organization that
consists in whole or in part of members engaged in real
estate appraising; or
(5) any other providers approved by the Office of
Banks and Real Estate.
The Office of Banks and Real Estate shall provide by
rule, a requirement for course work in fair housing/fair
lending to be included within the requirements of this
Section.
(Source: P.A. 89-508, eff. 7-3-96.)
(225 ILCS 455/36.17) (from Ch. 111, par. 5836.17)
Sec. 36.17. Continuing education.
(a) As a prerequisite to renewal of a certificate or
license, a State certified or licensed real estate appraiser
shall present evidence satisfactory to the Office of Banks
and Real Estate, as provided by rule, of having completed not
less than 10 hours per year of continuing education, or its
equivalent as provided by rule, from one or more of the
following entities approved by the Office of Banks and Real
Estate:
(1) a college or university;
(2) a community college or junior college;
(3) a real estate appraisal or real estate related
organization;
(4) a trade association or organization that
consists in whole or in part of members engaged in real
estate appraising; or
(5) such other providers approved by the Office of
Banks and Real Estate.
The Office of Banks and Real Estate shall provide by
rule, a requirement for course work in fair housing/fair
lending to be included within the requirements of this
Section.
The Office of Banks and Real Estate may provide by rule
for the temporary waiver of such continuing education
requirement for good cause.
(b) In lieu of meeting the requirements of subsection
(a) of this Section an applicant for renewal of a certificate
or license may satisfy all or part of the requirements by
presenting evidence of the following:
(1) Completion of an educational program of study
determined by rule to be equivalent, for continuing
education purposes, to courses approved pursuant to
subsection (a); or
(2) Participation, other than as a student, in
educational processes and programs approved pursuant to
subsection (a) which relate to real property appraisal
theory, practices or techniques, including, but not
limited to, teaching, program development and preparation
of textbooks, monographs, articles, and other
instructional materials.
(c) The Office of Banks and Real Estate, by rule, may
require periodic testing of a registrant's understanding of
Article 2 of this Act. Continuing education credit hours
shall be awarded for successful completion of the periodic
examination.
(Source: P.A. 89-23, eff. 7-1-95; 89-508, eff. 7-3-96.)
(225 ILCS 455/36.18) (from Ch. 111, par. 5836.18)
Sec. 36.18. Disciplinary proceedings.
(a) Pursuant to the action and report in writing of the
Committee, the Office of Banks and Real Estate may suspend,
revoke, place on probation, or reprimand the certificate or
license of any State certified or licensed real estate
appraiser, or may refuse to issue or renew a certificate or
license, or may impose a civil penalty not to exceed $10,000
upon the holder of a certificate or license, or the holder of
a certificate or license may be otherwise disciplined for any
of the following acts or omissions:
(1) Procuring or attempting to procure a
certificate or license by knowingly making a false
statement, submitting false information, refusing to
provide complete information in response to a question in
an application for certification or licensure or through
any form of fraud or misrepresentation.
(2) Failing to meet the minimum qualifications for
certification or licensure as an appraiser established by
this Article.
(3) Paying money, other than for the fees provided
for by this Article, to any member or employee of the
Committee or Office of Banks and Real Estate to procure a
certificate or license under this Article.
(4) A conviction, including conviction based upon a
plea of guilty or nolo contendere, of a crime which is
substantially related to the qualifications, functions,
and duties of a person developing real estate appraisals
and communicating real estate appraisals to others.
(5) An act or omission involving dishonesty, fraud
or misrepresentation with the intent to substantially
benefit the certificate or license holder or another
person, or with intent to substantially injure another
person.
(6) Violation of any of the standards for the
development or communication of real estate appraisals as
provided in Section 36.21 of this Act.
(7) Failure or refusal without good cause to
exercise reasonable diligence in developing an appraisal,
preparing an appraisal report or communicating an
appraisal.
(8) Negligence or incompetence in developing an
appraisal, in preparing an appraisal report, or in
communicating an appraisal.
(9) Willfully disregarding or violating any of the
provisions of this Article or the rules or regulations
promulgated for the administration and enforcement of
this Article.
(10) Accepting an appraisal assignment for
valuation when the employment itself is contingent upon
the appraiser reporting a predetermined estimate,
analysis or opinion, or where the fee to be paid is
contingent upon the opinion, conclusion, or valuation
reached, or upon the consequences resulting from the
appraisal assignment.
(11) Violation of the confidential nature of
governmental records to which he or she gained access
through employment or engagement as an appraiser by a
governmental agency.
(11.5) Developing valuation conclusions based on
the race, color, religion, sex, national origin,
ancestry, age, marital status, familial status, physical
or mental handicap, or unfavorable military discharge (as
defined by the Illinois Human Rights Act) of prospective
or present owners or occupants of the area of the
property being appraised.
(12) Adjudication of liability in a civil
proceeding on grounds of fraud, misrepresentation, a fair
housing violation or deceit in the making of any
appraisal of real property. In a disciplinary proceeding
based upon a finding of such civil liability, the State
certified or licensed real estate appraiser shall be
afforded an opportunity to present mitigating and
extenuating circumstances, but may not collaterally
attack the civil adjudication.
(13) Engaging in misleading or untruthful
advertising, or using any trade name or insignia of
membership in any real estate appraisal or real estate
related organization of which the certificate or license
holder is not a member.
(b) Pursuant to the action and report in writing of the
Committee, the Office of Banks and Real Estate may, in lieu
of other discipline, offer administrative supervision to
first time offenders, under which the offender is given an
administrative warning with conditions that may include, but
need not be limited to, the respondent's attendance and
successful completion of appraisal courses, payment of part
or all of the investigation and prosecution costs associated
with the complaint, and payment of restitution to the injured
parties.
(c) Civil penalties and costs collected pursuant to this
Section are to be deposited into the Appraisal Administration
Fund.
(Source: P.A. 89-23, eff. 7-1-95; 89-508, eff. 7-3-96.)