TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450 REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.955 NONBINDING ADVISORY OPINIONS


 

Section 1450.955  Nonbinding Advisory Opinions

 

a)         The Division may issue nonbinding advisory opinions on matters dealing with the interpretation and application of the Act, pursuant to Section 25-14 of the Act and this Part.

 

b)         Requests for nonbinding advisory opinions shall be submitted in writing to the Division.  The request shall include at a minimum the following:

 

1)         the name of the licensee or applicant on whose behalf the nonbinding advisory opinion is sought;

 

2)         the factual situation or hypothetical factual situation on which the nonbinding advisory opinion is sought;

 

3)         citations to any provisions of the Act, rules or cases that the licensee or the licensee's advisor believes is relevant to the issue, as well as a discussion of the relevance of the cited material to the issue on which advice is sought; and

 

4)         a statement of the issue or issues on which the nonbinding advisory opinion is sought.

 

c)         Pursuant to the Civil Administrative Code [20 ILCS 2105/2105] and Section 25-14 of the Act, the Department may establish a process to allow an applicant to request an evaluation of any prior criminal convictions to determine whether the applicant would be suitable for licensure pursuant to Section 5-25 of the Act.

 

1)         The interested party shall submit relevant information related to a prior criminal conviction and an application for licensure as required by this Part, along with any required application fee, which shall be nonrefundable.

 

2)         Notwithstanding any other provision to the contrary, for purposes of obtaining a nonbinding advisory opinion related to a criminal conviction, the applicant need not previously complete the prerequisite education necessary for licensure in order to submit a request for a nonbinding advisory opinion.

 

3)         The Department shall evaluate the conviction and conduct hearings according to the terms enumerated in the Act and this Part, and issue a written opinion describing the Department's determination.

 

4)         Any application fees submitted by an applicant requesting a nonbinding advisory opinion for a criminal conviction shall have the fee credited toward a completed application for licensure, if submitted within two years after the date the nonbinding advisory opinion is issued.

 

(Source:  Amended at 43 Ill. Reg. 1975, effective January 25, 2019)