Section 1455.335  Refusal to Issue an Appraiser License Based on Criminal History Record

a)         For purposes of this Part, criminal history record information is defined as information collected by criminal justice agencies (see the Criminal Identification Act [20 ILCS 2630]) on individuals consisting of identifiable descriptions and notation of arrests, detention, indictments, information or other formal criminal charges, and any disposition arising from those actions, sentencing, correctional supervision and release. The individual records must contain both information sufficient to identify the subject of the record and notations regarding any formal criminal justice transaction involving the identified individual.

b)         In determining whether an applicant for an appraiser's license is unfit for licensure because of criminal history record information, the Division shall consider the following standards:

1)         Whether the crime was one of armed violence (see Article 33A of the Criminal Code of 2012 [720 ILCS 5]) or moral turpitude. Moral turpitude consists of:

A)        Crime involving dishonesty, false statement or some other element of deceit, untruthfulness or falsification, including but not limited to perjury, inducement of perjury, false statement, criminal fraud, embezzlement, false pretense, forgery, counterfeiting and theft.

B)        Drug offenses, including but not limited to violations of the Illinois Controlled Substances Act [720 ILCS 570] and federal drug enforcement laws (21 USC 801 et seq.).

C)        Sex offenses, including but not limited to all crimes listed in Article 11 of the Criminal Code of 2012 [720 ILCS 5].

2)         Whether the crime is related to any of the real estate professions.

3)         Whether more than 10 years have elapsed since the date of completion of the imposed sentence.

4)         Whether the conviction was from a city ordinance violation or a conviction for which a jail sentence was not imposed.

5)         Whether the applicant has been sufficiently rehabilitated to warrant the public trust. The Division shall consider, but not be bound by, the following in considering whether an applicant has been presumed to be rehabilitated:

A)        Completion of probation;

B)        Completion of parole supervision; or

C)        If no parole was granted, a period of 10 years has elapsed after final discharge or release from any term of imprisonment without any subsequent conviction.

c)         If any one of the following factors exists, this outweighs the presumption of rehabilitation established in subsection (b)(5):

1)         Lack of compliance with terms of punishment (i.e., failure to pay fines or make restitution, violation of the terms of probation or parole);

2)         Unwillingness to undergo, or lack of cooperation in, medical or psychiatric treatment/counseling;

3)         Falsification of an application for licensure with the Division;

4)         Failure to furnish to the Division additional information or failure to appear for an interview or meeting with the Division in relation to the applicant's application for licensure.

d)         The following criminal history records shall not be considered in connection with an application for licensure:

1)         Juvenile adjudications;

2)         Records of arrest not followed by a conviction;

3)         Convictions overturned by a higher court;

4)         Convictions that have been the subject of a pardon or expungement.

e)         Notification of Denial and Request for Hearing

1)         If the determination is made that the applicant is unfit for licensure, the Division shall send the notice of denial to the applicant at the applicant's address of record or email of record.  All such notices will include a statement of the reason for the Division's action.

2)         An applicant may request a hearing to contest the Division's action pursuant to 68 Ill. Adm. Code 1110.  The request shall be in writing and must be received by the Division not later than 20 days after the date the Division mailed or personally delivered the notice of its action to the applicant.

3)         After receipt of a request for a hearing and prior to any such hearing, the Division may schedule an informal conference with the applicant in an attempt to resolve issues in controversy.  The Division shall notify the applicant of the informal conference at least 20 days prior to the hearing.  Failure by the applicant to attend the informal conference shall act as a withdrawal of the applicant's request for a hearing.  The provisions of this subsection (e)(3) shall not apply if an informal conference was held prior to the Division serving notice upon the applicant as described in subsection (e)(1).

(Source:  Amended at 42 Ill. Reg. 21599, effective November 26, 2018)