Section 1450.230  Temporary Suspension

a)         The grounds for temporary suspension, as set forth in Section 20-65 of the Act, shall be based on evidence sufficient to cause the Division to reasonably believe that the public interest, safety, or welfare imperatively requires emergency action.  Emergency action is imperatively required when a licensee's conduct poses a threat that the public's or another licensee's money will be stolen or defalcated or that the continued licensure of a licensee will be a threat to the physical safety of the public or another licensee.  When determining imminent harm, the Division may consider any combination of acts committed by a licensee including, but not limited to:

1)         Failure to account for or to remit any moneys or documents that belong to others, as set forth in Section 20-20(h)(7) of the Act;

2)         Failure to maintain and deposit in a special or escrow account, separate and apart from personal and other business accounts, all escrow moneys belonging to others entrusted to a licensee while acting as a real estate broker, escrow agent, or temporary custodian of the funds of others as set forth in Section 20-20(h)(8) of the Act;

3)         Failure to make available to real estate enforcement personnel of the Division during normal business hours all escrow records and related documents within 24 hours after a request for those documents by Division personnel, as set forth in Section 20-20(h)(9) of the Act and Section 1450.180 of this Part; however, this action in and of itself shall not be sufficient grounds for a temporary suspension; and

4)         Commingling money or property of others with the licensee's own as set forth in Section 20-20(h)(13) of the Act.

b)         A petition for temporary suspension shall:

1)         State the statutory basis for the action petitioned;

2)         Allege facts, supported by evidence or affidavit sufficient for temporary suspension;

3)         Be signed by the Director or the Director's designee; and

4)         Be presented to the Director either in person or by telephone and in the presence of a court reporter.

c)         An order for temporary suspension shall:

1)         Contain findings of fact sufficient to support imposition of a temporary suspension;

2)         Recite the statutory basis for the action;

3)         Appoint a hearing officer;

4)         Demand immediate surrender of the license; and

5)         Be signed by the Director.

d)         A notice of temporary suspension shall accompany the order and shall:

1)         Set a hearing date within 15 days after the date on which the order takes effects;

2)         Name the hearing officer who shall conduct the hearing; and

3)         Include a copy of the Division's Practice in Administrative Hearings.

(Source:  Amended at 30 Ill. Reg. 11075, effective June 8, 2006)