Rep. Tom Demmer

Filed: 4/6/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5210

2    AMENDMENT NO. ______. Amend House Bill 5210 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Auction License Act is amended by changing
5Section 10-30 as follows:
 
6    (225 ILCS 407/10-30)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 10-30. Expiration, renewal, and continuing education.
9    (a) License expiration dates, renewal periods, renewal
10fees, and procedures for renewal of licenses issued under this
11Act shall be set by rule of the Department. An entity may renew
12its license by paying the required fee and by meeting the
13renewal requirements adopted by the Department under this
14Section.
15    (b) All renewal applicants must provide proof as determined
16by the Department of having met the continuing education

 

 

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1requirements by the deadline set forth by the Department by
2rule. At a minimum, the rules shall require an applicant for
3renewal licensure as an auctioneer to provide proof of the
4completion of at least 12 hours of continuing education during
5the pre-renewal period established by the Department for
6completion of continuing education preceding the expiration
7date of the license from schools approved by the Department, as
8established by rule.
9    (c) The Department, in its discretion, may waive
10enforcement of the continuing education requirements of this
11Section and shall adopt rules defining the standards and
12criteria for such waiver.
13    (d) (Blank).
14(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
 
15    Section 10. The Home Inspector License Act is amended by
16changing Section 5-30 as follows:
 
17    (225 ILCS 441/5-30)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 5-30. Continuing education renewal requirements. The
20continuing education requirements for a person to renew a
21license as a home inspector shall be established by rule. The
22Department shall establish a continuing education completion
23deadline for home inspector licensees and require evidence of
24compliance with continuing education requirements in a manner

 

 

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1established by rule before the renewal of a license.
2(Source: P.A. 92-239, eff. 8-3-01.)
 
3    Section 15. The Real Estate License Act of 2000 is amended
4by changing Sections 1-10, 5-15, 5-20, 5-45, 10-15, 10-20,
520-20, and 30-5 as follows:
 
6    (225 ILCS 454/1-10)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 1-10. Definitions. In this Act, unless the context
9otherwise requires:
10    "Act" means the Real Estate License Act of 2000.
11    "Address of record" means the designated address recorded
12by the Department in the applicant's or licensee's application
13file or license file as maintained by the Department's
14licensure maintenance unit. It is the duty of the applicant or
15licensee to inform the Department of any change of address, and
16those changes must be made either through the Department's
17website or by contacting the Department.
18    "Agency" means a relationship in which a broker or
19licensee, whether directly or through an affiliated licensee,
20represents a consumer by the consumer's consent, whether
21express or implied, in a real property transaction.
22    "Applicant" means any person, as defined in this Section,
23who applies to the Department for a valid license as a managing
24broker, broker, or leasing agent.

 

 

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1    "Blind advertisement" means any real estate advertisement
2that does not include the sponsoring broker's business name and
3that is used by any licensee regarding the sale or lease of
4real estate, including his or her own, licensed activities, or
5the hiring of any licensee under this Act. The broker's
6business name in the case of a franchise shall include the
7franchise affiliation as well as the name of the individual
8firm.
9    "Board" means the Real Estate Administration and
10Disciplinary Board of the Department as created by Section
1125-10 of this Act.
12    "Branch office" means a sponsoring broker's office other
13than the sponsoring broker's principal office.
14    "Broker" means an individual, entity, corporation, foreign
15or domestic partnership, limited liability company,
16corporation, or registered limited liability partnership, or
17other business entity other than a leasing agent who, whether
18in person or through any media or technology, for another and
19for compensation, or with the intention or expectation of
20receiving compensation, either directly or indirectly:
21        (1) Sells, exchanges, purchases, rents, or leases real
22    estate.
23        (2) Offers to sell, exchange, purchase, rent, or lease
24    real estate.
25        (3) Negotiates, offers, attempts, or agrees to
26    negotiate the sale, exchange, purchase, rental, or leasing

 

 

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1    of real estate.
2        (4) Lists, offers, attempts, or agrees to list real
3    estate for sale, rent, lease, or exchange.
4        (5) Buys, sells, offers to buy or sell, or otherwise
5    deals in options on real estate or improvements thereon.
6        (6) Supervises the collection, offer, attempt, or
7    agreement to collect rent for the use of real estate.
8        (7) Advertises or represents himself or herself as
9    being engaged in the business of buying, selling,
10    exchanging, renting, or leasing real estate.
11        (8) Assists or directs in procuring or referring of
12    leads or prospects, intended to result in the sale,
13    exchange, lease, or rental of real estate.
14        (9) Assists or directs in the negotiation of any
15    transaction intended to result in the sale, exchange,
16    lease, or rental of real estate.
17        (10) Opens real estate to the public for marketing
18    purposes.
19        (11) Sells, rents, leases, or offers for sale or lease
20    real estate at auction.
21        (12) Prepares or provides a broker price opinion or
22    comparative market analysis as those terms are defined in
23    this Act, pursuant to the provisions of Section 10-45 of
24    this Act.
25    "Brokerage agreement" means a written or oral agreement
26between a sponsoring broker and a consumer for licensed

 

 

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1activities to be provided to a consumer in return for
2compensation or the right to receive compensation from another.
3Brokerage agreements may constitute either a bilateral or a
4unilateral agreement between the broker and the broker's client
5depending upon the content of the brokerage agreement. All
6exclusive brokerage agreements shall be in writing.
7    "Broker price opinion" means an estimate or analysis of the
8probable selling price of a particular interest in real estate,
9which may provide a varying level of detail about the
10property's condition, market, and neighborhood and information
11on comparable sales. The activities of a real estate broker or
12managing broker engaging in the ordinary course of business as
13a broker, as defined in this Section, shall not be considered a
14broker price opinion if no compensation is paid to the broker
15or managing broker, other than compensation based upon the sale
16or rental of real estate.
17    "Client" means a person who is being represented by a
18licensee.
19    "Comparative market analysis" is an analysis or opinion
20regarding pricing, marketing, or financial aspects relating to
21a specified interest or interests in real estate that may be
22based upon an analysis of comparative market data, the
23expertise of the real estate broker or managing broker, and
24such other factors as the broker or managing broker may deem
25appropriate in developing or preparing such analysis or
26opinion. The activities of a real estate broker or managing

 

 

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1broker engaging in the ordinary course of business as a broker,
2as defined in this Section, shall not be considered a
3comparative market analysis if no compensation is paid to the
4broker or managing broker, other than compensation based upon
5the sale or rental of real estate.
6    "Compensation" means the valuable consideration given by
7one person or entity to another person or entity in exchange
8for the performance of some activity or service. Compensation
9shall include the transfer of valuable consideration,
10including without limitation the following:
11        (1) commissions;
12        (2) referral fees;
13        (3) bonuses;
14        (4) prizes;
15        (5) merchandise;
16        (6) finder fees;
17        (7) performance of services;
18        (8) coupons or gift certificates;
19        (9) discounts;
20        (10) rebates;
21        (11) a chance to win a raffle, drawing, lottery, or
22    similar game of chance not prohibited by any other law or
23    statute;
24        (12) retainer fee; or
25        (13) salary.
26    "Confidential information" means information obtained by a

 

 

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1licensee from a client during the term of a brokerage agreement
2that (i) was made confidential by the written request or
3written instruction of the client, (ii) deals with the
4negotiating position of the client, or (iii) is information the
5disclosure of which could materially harm the negotiating
6position of the client, unless at any time:
7        (1) the client permits the disclosure of information
8    given by that client by word or conduct;
9        (2) the disclosure is required by law; or
10        (3) the information becomes public from a source other
11    than the licensee.
12    "Confidential information" shall not be considered to
13include material information about the physical condition of
14the property.
15    "Consumer" means a person or entity seeking or receiving
16licensed activities.
17    "Coordinator" means the Coordinator of Real Estate created
18in Section 25-15 of this Act.
19    "Credit hour" means 50 minutes of classroom instruction in
20course work that meets the requirements set forth in rules
21adopted by the Department.
22    "Customer" means a consumer who is not being represented by
23the licensee but for whom the licensee is performing
24ministerial acts.
25    "Department" means the Department of Financial and
26Professional Regulation.

 

 

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1    "Designated agency" means a contractual relationship
2between a sponsoring broker and a client under Section 15-50 of
3this Act in which one or more licensees associated with or
4employed by the broker are designated as agent of the client.
5    "Designated agent" means a sponsored licensee named by a
6sponsoring broker as the legal agent of a client, as provided
7for in Section 15-50 of this Act.
8    "Dual agency" means an agency relationship in which a
9licensee is representing both buyer and seller or both landlord
10and tenant in the same transaction. When the agency
11relationship is a designated agency, the question of whether
12there is a dual agency shall be determined by the agency
13relationships of the designated agent of the parties and not of
14the sponsoring broker.
15    "Education provider" means a school licensed by the
16Department offering courses in pre-license, post-license, or
17continuing education required by this Act.
18    "Employee" or other derivative of the word "employee", when
19used to refer to, describe, or delineate the relationship
20between a sponsoring broker and a managing broker, broker, or a
21leasing agent, shall be construed to include an independent
22contractor relationship, provided that a written agreement
23exists that clearly establishes and states the relationship.
24All responsibilities of a broker shall remain.
25    "Escrow moneys" means all moneys, promissory notes or any
26other type or manner of legal tender or financial consideration

 

 

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1deposited with any person for the benefit of the parties to the
2transaction. A transaction exists once an agreement has been
3reached and an accepted real estate contract signed or lease
4agreed to by the parties. Escrow moneys includes without
5limitation earnest moneys and security deposits, except those
6security deposits in which the person holding the security
7deposit is also the sole owner of the property being leased and
8for which the security deposit is being held.
9    "Electronic means of proctoring" means a methodology
10providing assurance that the person taking a test and
11completing the answers to questions is the person seeking
12licensure or credit for continuing education and is doing so
13without the aid of a third party or other device.
14    "Exclusive brokerage agreement" means a written brokerage
15agreement that provides that the sponsoring broker has the sole
16right, through one or more sponsored licensees, to act as the
17exclusive designated agent or representative of the client and
18that meets the requirements of Section 15-75 of this Act.
19    "Inoperative" means a status of licensure where the
20licensee holds a current license under this Act, but the
21licensee is prohibited from engaging in licensed activities
22because the licensee is unsponsored or the license of the
23sponsoring broker with whom the licensee is associated or by
24whom he or she is employed is currently expired, revoked,
25suspended, or otherwise rendered invalid under this Act.
26    "Interactive delivery method" means delivery of a course by

 

 

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1an instructor through a medium allowing for 2-way communication
2between the instructor and a student in which either can
3initiate or respond to questions.
4    "Leads" means the name or names of a potential buyer,
5seller, lessor, lessee, or client of a licensee.
6    "Leasing Agent" means a person who is employed by a broker
7to engage in licensed activities limited to leasing residential
8real estate who has obtained a license as provided for in
9Section 5-5 of this Act.
10    "License" means the document issued by the Department
11certifying that the person named thereon has fulfilled all
12requirements prerequisite to licensure under this Act.
13    "Licensed activities" means those activities listed in the
14definition of "broker" under this Section.
15    "Licensee" means any person, as defined in this Section,
16who holds a valid unexpired license as a managing broker,
17broker, or leasing agent.
18    "Listing presentation" means a communication between a
19managing broker or broker and a consumer in which the licensee
20is attempting to secure a brokerage agreement with the consumer
21to market the consumer's real estate for sale or lease.
22    "Managing broker" means a broker who has supervisory
23responsibilities for licensees in one or, in the case of a
24multi-office company, more than one office and who has been
25appointed as such by the sponsoring broker.
26    "Medium of advertising" means any method of communication

 

 

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1intended to influence the general public to use or purchase a
2particular good or service or real estate.
3    "Ministerial acts" means those acts that a licensee may
4perform for a consumer that are informative or clerical in
5nature and do not rise to the level of active representation on
6behalf of a consumer. Examples of these acts include without
7limitation (i) responding to phone inquiries by consumers as to
8the availability and pricing of brokerage services, (ii)
9responding to phone inquiries from a consumer concerning the
10price or location of property, (iii) attending an open house
11and responding to questions about the property from a consumer,
12(iv) setting an appointment to view property, (v) responding to
13questions of consumers walking into a licensee's office
14concerning brokerage services offered or particular
15properties, (vi) accompanying an appraiser, inspector,
16contractor, or similar third party on a visit to a property,
17(vii) describing a property or the property's condition in
18response to a consumer's inquiry, (viii) completing business or
19factual information for a consumer on an offer or contract to
20purchase on behalf of a client, (ix) showing a client through a
21property being sold by an owner on his or her own behalf, or
22(x) referral to another broker or service provider.
23    "Office" means a broker's place of business where the
24general public is invited to transact business and where
25records may be maintained and licenses displayed, whether or
26not it is the broker's principal place of business.

 

 

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1    "Person" means and includes individuals, entities,
2corporations, limited liability companies, registered limited
3liability partnerships, foreign and domestic and partnerships,
4and other business entities foreign or domestic, except that
5when the context otherwise requires, the term may refer to a
6single individual or other described entity.
7    "Personal assistant" means a licensed or unlicensed person
8who has been hired for the purpose of aiding or assisting a
9sponsored licensee in the performance of the sponsored
10licensee's job.
11    "Pocket card" means the card issued by the Department to
12signify that the person named on the card is currently licensed
13under this Act.
14    "Pre-renewal period" means the period between the date of
15issue of a currently valid license and the license's expiration
16date.
17    "Proctor" means any person, including, but not limited to,
18an instructor, who has a written agreement to administer
19examinations fairly and impartially with a licensed education
20provider.
21    "Real estate" means and includes leaseholds as well as any
22other interest or estate in land, whether corporeal,
23incorporeal, freehold, or non-freehold and whether the real
24estate is situated in this State or elsewhere. "Real estate"
25does not include property sold, exchanged, or leased as a
26timeshare or similar vacation item or interest, vacation club

 

 

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1membership, or other activity formerly regulated under the Real
2Estate Timeshare Act of 1999 (repealed).
3    "Regular employee" means a person working an average of 20
4hours per week for a person or entity who would be considered
5as an employee under the Internal Revenue Service eleven main
6tests in three categories being behavioral control, financial
7control and the type of relationship of the parties, formerly
8the twenty factor test.
9    "Secretary" means the Secretary of the Department of
10Financial and Professional Regulation, or a person authorized
11by the Secretary to act in the Secretary's stead.
12    "Sponsoring broker" means the broker who has issued a
13sponsor card to a licensed managing broker, broker, or a
14leasing agent.
15    "Sponsor card" means the temporary permit issued by the
16sponsoring broker certifying that the managing broker, broker,
17or leasing agent named thereon is employed by or associated by
18written agreement with the sponsoring broker, as provided for
19in Section 5-40 of this Act.
20(Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18;
21100-534, eff. 9-22-17; revised 10-2-17.)
 
22    (225 ILCS 454/5-15)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 5-15. Necessity of managing broker, broker, or leasing
25agent license or sponsor card; ownership restrictions.

 

 

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1    (a) It is unlawful for any person, corporation, limited
2liability company, registered limited liability partnership,
3or partnership to act as a managing broker, broker, or leasing
4agent or to advertise or assume to act as such managing broker,
5broker or leasing agent without a properly issued sponsor card
6or a license issued under this Act by the Department, either
7directly or through its authorized designee.
8    (b) No corporation shall be granted a license or engage in
9the business or capacity, either directly or indirectly, of a
10broker, unless every officer of the corporation who actively
11participates in the real estate activities of the corporation
12holds a license as a managing broker or broker and unless every
13employee who acts as a managing broker, broker, or leasing
14agent for the corporation holds a license as a managing broker,
15broker, or leasing agent. All nonparticipating owners or
16officers shall submit affidavits of nonparticipation as
17required by the Department.
18    (c) No partnership shall be granted a license or engage in
19the business or serve in the capacity, either directly or
20indirectly, of a broker, unless every general partner in the
21partnership who actively participates in the real estate
22activities of the partnership holds a license as a managing
23broker or broker and unless every employee who acts as a
24managing broker, broker, or leasing agent for the partnership
25holds a license as a managing broker, broker, or leasing agent.
26All nonparticipating partners shall submit affidavits of

 

 

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1nonparticipation as required by the Department. In the case of
2a registered limited liability partnership (LLP), every
3partner in the LLP that actively participates in the real
4estate activities of the limited liability partnership must
5hold a license as a managing broker or broker and every
6employee who acts as a managing broker, broker, or leasing
7agent must hold a license as a managing broker, broker, or
8leasing agent. All nonparticipating limited liability partners
9shall submit affidavits of nonparticipation as required by the
10Department.
11    (d) No limited liability company shall be granted a license
12or engage in the business or serve in the capacity, either
13directly or indirectly, of a broker unless every member or
14manager in the limited liability company that actively
15participates in the real estate activities of the limited
16liability company or every member in a member managed limited
17liability company holds a license as a managing broker or
18broker and unless every other member and employee who acts as a
19managing broker, broker, or leasing agent for the limited
20liability company holds a license as a managing broker, broker,
21or leasing agent. All nonparticipating members or managers
22shall submit affidavits of nonparticipation as required by the
23Department.
24    (e) (Blank). No partnership, limited liability company, or
25corporation shall be licensed to conduct a brokerage business
26where an individual leasing agent, or group of leasing agents,

 

 

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1owns or directly or indirectly controls more than 49% of the
2shares of stock or other ownership in the partnership, limited
3liability company, or corporation.
4    (f) No person shall be granted a license if any
5participating owner, officer, director, partner, limited
6liability partner, member, or manager has been denied a real
7estate license by the Department in the previous 5 years or is
8otherwise currently barred from real estate practice because of
9a suspension or revocation.
10(Source: P.A. 99-227, eff. 8-3-15.)
 
11    (225 ILCS 454/5-20)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 5-20. Exemptions from managing broker, broker, or
14leasing agent license requirement. The requirement for holding
15a license under this Article 5 shall not apply to:
16        (1) Any person, partnership, or corporation that as
17    owner or lessor performs any of the acts described in the
18    definition of "broker" under Section 1-10 of this Act with
19    reference to property owned or leased by it, or to the
20    regular employees thereof with respect to the property so
21    owned or leased, where such acts are performed in the
22    regular course of or as an incident to the management,
23    sale, or other disposition of such property and the
24    investment therein, provided that such regular employees
25    do not perform any of the acts described in the definition

 

 

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1    of "broker" under Section 1-10 of this Act in connection
2    with a vocation of selling or leasing any real estate or
3    the improvements thereon not so owned or leased.
4        (2) An attorney in fact acting under a duly executed
5    and recorded power of attorney to convey real estate from
6    the owner or lessor or the services rendered by an attorney
7    at law in the performance of the attorney's duty as an
8    attorney at law.
9        (3) Any person acting as receiver, trustee in
10    bankruptcy, administrator, executor, or guardian or while
11    acting under a court order or under the authority of a will
12    or testamentary trust.
13        (4) Any person acting as a resident manager for the
14    owner or any employee acting as the resident manager for a
15    broker managing an apartment building, duplex, or
16    apartment complex, when the resident manager resides on the
17    premises, the premises is his or her primary residence, and
18    the resident manager is engaged in the leasing of the
19    property of which he or she is the resident manager.
20        (5) Any officer or employee of a federal agency in the
21    conduct of official duties.
22        (6) Any officer or employee of the State government or
23    any political subdivision thereof performing official
24    duties.
25        (7) Any multiple listing service or other similar
26    information exchange that is engaged in the collection and

 

 

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1    dissemination of information concerning real estate
2    available for sale, purchase, lease, or exchange for the
3    purpose of providing licensees with a system by which
4    licensees may cooperatively share information along with
5    which no other licensed activities, as defined in Section
6    1-10 of this Act, are provided.
7        (8) Railroads and other public utilities regulated by
8    the State of Illinois, or the officers or full time
9    employees thereof, unless the performance of any licensed
10    activities is in connection with the sale, purchase, lease,
11    or other disposition of real estate or investment therein
12    not needing the approval of the appropriate State
13    regulatory authority.
14        (9) Any medium of advertising in the routine course of
15    selling or publishing advertising along with which no other
16    licensed activities, as defined in Section 1-10 of this
17    Act, are provided.
18        (10) Any resident lessee of a residential dwelling unit
19    who refers for compensation to the owner of the dwelling
20    unit, or to the owner's agent, prospective lessees of
21    dwelling units in the same building or complex as the
22    resident lessee's unit, but only if the resident lessee (i)
23    refers no more than 3 prospective lessees in any 12-month
24    period, (ii) receives compensation of no more than $1,500
25    or the equivalent of one month's rent, whichever is less,
26    in any 12-month period, and (iii) limits his or her

 

 

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1    activities to referring prospective lessees to the owner,
2    or the owner's agent, and does not show a residential
3    dwelling unit to a prospective lessee, discuss terms or
4    conditions of leasing a dwelling unit with a prospective
5    lessee, or otherwise participate in the negotiation of the
6    leasing of a dwelling unit.
7        (11) The purchase, sale, or transfer of a timeshare or
8    similar vacation item or interest, vacation club
9    membership, or other activity formerly regulated under the
10    Real Estate Timeshare Act of 1999 (repealed).
11        (12) (Blank).
12        (13) Any person who is licensed without examination
13    under Section 10-25 (now repealed) of the Auction License
14    Act is exempt from holding a managing broker's or broker's
15    license under this Act for the limited purpose of selling
16    or leasing real estate at auction, so long as:
17            (A) that person has made application for said
18        exemption by July 1, 2000;
19            (B) that person verifies to the Department that he
20        or she has sold real estate at auction for a period of
21        5 years prior to licensure as an auctioneer;
22            (C) the person has had no lapse in his or her
23        license as an auctioneer; and
24            (D) the license issued under the Auction License
25        Act has not been disciplined for violation of those
26        provisions of Article 20 of the Auction License Act

 

 

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1        dealing with or related to the sale or lease of real
2        estate at auction.
3        (14) A person who holds a valid license under the
4    Auction License Act and a valid real estate auction
5    certification and conducts auctions for the sale of real
6    estate under Section 5-32 of this Act.
7        (15) A hotel operator who is registered with the
8    Illinois Department of Revenue and pays taxes under the
9    Hotel Operators' Occupation Tax Act and rents a room or
10    rooms in a hotel as defined in the Hotel Operators'
11    Occupation Tax Act for a period of not more than 30
12    consecutive days and not more than 60 days in a calendar
13    year.
14(Source: P.A. 99-227, eff. 8-3-15; 100-534, eff. 9-22-17.)
 
15    (225 ILCS 454/5-45)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 5-45. Offices.
18    (a) If a sponsoring broker maintains more than one office
19within the State, the sponsoring broker shall notify the
20Department on forms prescribed by the Department apply for a
21branch office license for each office other than the sponsoring
22broker's principal place of business. The brokerage branch
23office license shall be displayed conspicuously in each branch
24office. The name of each branch office shall be the same as
25that of the sponsoring broker's principal office or shall

 

 

10000HB5210ham001- 22 -LRB100 16039 XWW 38133 a

1clearly delineate the branch office's relationship with the
2principal office.
3    (b) The sponsoring broker shall name a managing broker for
4each branch office and the sponsoring broker shall be
5responsible for supervising all managing brokers. The
6sponsoring broker shall notify the Department in writing of the
7name of all managing brokers of the sponsoring broker and the
8office or offices they manage. Any person initially named as a
9managing broker after April 30, 2011 must either (i) be
10licensed as a managing broker or (ii) meet all the requirements
11to be licensed as a managing broker except the required
12education and examination and secure the managing broker's
13license within 90 days of being named as a managing broker. Any
14changes in managing brokers shall be reported to the Department
15in writing within 15 days of the change. Failure to do so shall
16subject the sponsoring broker to discipline under Section 20-20
17of this Act.
18    (c) The sponsoring broker shall immediately notify the
19Department in writing of any opening, closing, or change in
20location of any principal or branch office.
21    (d) Except as provided in this Section, each sponsoring
22broker shall maintain a definite office, or place of business
23within this State for the transaction of real estate business,
24shall conspicuously display an identification sign on the
25outside of his or her office of adequate size and visibility.
26The office or place of business shall not be located in any

 

 

10000HB5210ham001- 23 -LRB100 16039 XWW 38133 a

1retail or financial business establishment unless it is
2separated from the other business by a separate and distinct
3area within the establishment. A broker who is licensed in this
4State by examination or pursuant to the provisions of Section
55-60 of this Act shall not be required to maintain a definite
6office or place of business in this State provided all of the
7following conditions are met:
8        (1) the broker maintains an active broker's license in
9    the broker's state of domicile;
10        (2) the broker maintains an office in the broker's
11    state of domicile; and
12        (3) the broker has filed with the Department written
13    statements appointing the Secretary to act as the broker's
14    agent upon whom all judicial and other process or legal
15    notices directed to the licensee may be served and agreeing
16    to abide by all of the provisions of this Act with respect
17    to his or her real estate activities within the State of
18    Illinois and submitting to the jurisdiction of the
19    Department.
20    The statements under subdivision (3) of this Section shall
21be in form and substance the same as those statements required
22under Section 5-60 of this Act and shall operate to the same
23extent.
24    (e) Upon the loss of a managing broker who is not replaced
25by the sponsoring broker or in the event of the death or
26adjudicated disability of the sole proprietor of an office, a

 

 

10000HB5210ham001- 24 -LRB100 16039 XWW 38133 a

1written request for authorization allowing the continued
2operation of the office may be submitted to the Department
3within 15 days of the loss. The Department may issue a written
4authorization allowing the continued operation, provided that
5a licensed broker, or in the case of the death or adjudicated
6disability of a sole proprietor, the representative of the
7estate, assumes responsibility, in writing, for the operation
8of the office and agrees to personally supervise the operation
9of the office. No such written authorization shall be valid for
10more than 60 days unless extended by the Department for good
11cause shown and upon written request by the broker or
12representative.
13(Source: P.A. 96-856, eff. 12-31-09.)
 
14    (225 ILCS 454/10-15)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 10-15. No compensation to persons in violation of Act;
17compensation to unlicensed persons; consumer.
18    (a) No compensation may be paid to any unlicensed person in
19exchange for the person performing licensed activities in
20violation of this Act.
21    (b) No action or suit shall be instituted, nor recovery
22therein be had, in any court of this State by any person,
23partnership, registered limited liability partnership, limited
24liability company, or corporation for compensation for any act
25done or service performed, the doing or performing of which is

 

 

10000HB5210ham001- 25 -LRB100 16039 XWW 38133 a

1prohibited by this Act to other than licensed managing brokers,
2brokers, or leasing agents unless the person, partnership,
3registered limited liability partnership, limited liability
4company, or corporation was duly licensed hereunder as a
5managing broker, broker, or leasing agent under this Act at the
6time that any such act was done or service performed that would
7give rise to a cause of action for compensation.
8    (c) A licensee may offer compensation, including prizes,
9merchandise, services, rebates, discounts, or other
10consideration to an unlicensed person who is a party to a
11contract to buy or sell real estate or is a party to a contract
12for the lease of real estate, so long as the offer complies
13with the provisions of subdivision (35) of subsection (a) of
14Section 20-20 of this Act.
15    (d) A licensee may offer cash, gifts, prizes, awards,
16coupons, merchandise, rebates or chances to win a game of
17chance, if not prohibited by any other law or statute, to a
18consumer as an inducement to that consumer to use the services
19of the licensee even if the licensee and consumer do not
20ultimately enter into a broker-client relationship so long as
21the offer complies with the provisions of subdivision (35) of
22subsection (a) of Section 20-20 of this Act.
23(Source: P.A. 99-227, eff. 8-3-15.)
 
24    (225 ILCS 454/10-20)
25    (Section scheduled to be repealed on January 1, 2020)

 

 

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1    Sec. 10-20. Sponsoring broker; employment agreement.
2    (a) A licensee may perform activities as a licensee only
3for his or her sponsoring broker. A licensee must have only one
4sponsoring broker at any one time.
5    (b) Every broker who employs licensees or has an
6independent contractor relationship with a licensee shall have
7a written employment agreement with each such licensee. The
8broker having this written employment agreement with the
9licensee must be that licensee's sponsoring broker.
10    (c) Every sponsoring broker must have a written employment
11agreement with each licensee the broker sponsors. The agreement
12shall address the employment or independent contractor
13relationship terms, including without limitation supervision,
14duties, compensation, and termination.
15    (d) Every sponsoring broker must have a written employment
16agreement with each licensed personal assistant who assists a
17licensee sponsored by the sponsoring broker. This requirement
18applies to all licensed personal assistants whether or not they
19perform licensed activities in their capacity as a personal
20assistant. The agreement shall address the employment or
21independent contractor relationship terms, including without
22limitation supervision, duties, compensation, and termination.
23    (e) Notwithstanding the fact that a sponsoring broker has
24an employment agreement with a licensee, a sponsoring broker
25may pay compensation directly to a business entity corporation
26solely owned by that licensee that has been formed for the

 

 

10000HB5210ham001- 27 -LRB100 16039 XWW 38133 a

1purpose of receiving compensation earned by the licensee. A
2business entity corporation formed for the purpose herein
3stated in this subsection (e) shall not be required to be
4licensed under this Act so long as the person that who is the
5sole owner shareholder of the business entity corporation is
6licensed.
7(Source: P.A. 91-245, eff. 12-31-99.)
 
8    (225 ILCS 454/20-20)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 20-20. Grounds for discipline.
11    (a) The Department may refuse to issue or renew a license,
12may place on probation, suspend, or revoke any license,
13reprimand, or take any other disciplinary or non-disciplinary
14action as the Department may deem proper and impose a fine not
15to exceed $25,000 upon any licensee or applicant under this Act
16or any person who holds himself or herself out as an applicant
17or licensee or against a licensee in handling his or her own
18property, whether held by deed, option, or otherwise, for any
19one or any combination of the following causes:
20        (1) Fraud or misrepresentation in applying for, or
21    procuring, a license under this Act or in connection with
22    applying for renewal of a license under this Act.
23        (2) The conviction of or plea of guilty or plea of nolo
24    contendere to a felony or misdemeanor in this State or any
25    other jurisdiction; or the entry of an administrative

 

 

10000HB5210ham001- 28 -LRB100 16039 XWW 38133 a

1    sanction by a government agency in this State or any other
2    jurisdiction. Action taken under this paragraph (2) for a
3    misdemeanor or an administrative sanction is limited to a
4    misdemeanor or administrative sanction that has as an
5    essential element dishonesty or fraud or involves larceny,
6    embezzlement, or obtaining money, property, or credit by
7    false pretenses or by means of a confidence game.
8        (3) Inability to practice the profession with
9    reasonable judgment, skill, or safety as a result of a
10    physical illness, including, but not limited to,
11    deterioration through the aging process or loss of motor
12    skill, or a mental illness or disability.
13        (4) Practice under this Act as a licensee in a retail
14    sales establishment from an office, desk, or space that is
15    not separated from the main retail business by a separate
16    and distinct area within the establishment.
17        (5) Having been disciplined by another state, the
18    District of Columbia, a territory, a foreign nation, or a
19    governmental agency authorized to impose discipline if at
20    least one of the grounds for that discipline is the same as
21    or the equivalent of one of the grounds for which a
22    licensee may be disciplined under this Act. A certified
23    copy of the record of the action by the other state or
24    jurisdiction shall be prima facie evidence thereof.
25        (6) Engaging in the practice of real estate brokerage
26    without a license or after the licensee's license or

 

 

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1    temporary permit was expired or while the license was
2    inoperative.
3        (7) Cheating on or attempting to subvert the Real
4    Estate License Exam or continuing education exam.
5        (8) Aiding or abetting an applicant to subvert or cheat
6    on the Real Estate License Exam or continuing education
7    exam administered pursuant to this Act.
8        (9) Advertising that is inaccurate, misleading, or
9    contrary to the provisions of the Act.
10        (10) Making any substantial misrepresentation or
11    untruthful advertising.
12        (11) Making any false promises of a character likely to
13    influence, persuade, or induce.
14        (12) Pursuing a continued and flagrant course of
15    misrepresentation or the making of false promises through
16    licensees, employees, agents, advertising, or otherwise.
17        (13) Any misleading or untruthful advertising, or
18    using any trade name or insignia of membership in any real
19    estate organization of which the licensee is not a member.
20        (14) Acting for more than one party in a transaction
21    without providing written notice to all parties for whom
22    the licensee acts.
23        (15) Representing or attempting to represent a broker
24    other than the sponsoring broker.
25        (16) Failure to account for or to remit any moneys or
26    documents coming into his or her possession that belong to

 

 

10000HB5210ham001- 30 -LRB100 16039 XWW 38133 a

1    others.
2        (17) Failure to maintain and deposit in a special
3    account, separate and apart from personal and other
4    business accounts, all escrow moneys belonging to others
5    entrusted to a licensee while acting as a broker, escrow
6    agent, or temporary custodian of the funds of others or
7    failure to maintain all escrow moneys on deposit in the
8    account until the transactions are consummated or
9    terminated, except to the extent that the moneys, or any
10    part thereof, shall be:
11            (A) disbursed prior to the consummation or
12        termination (i) in accordance with the written
13        direction of the principals to the transaction or their
14        duly authorized agents, (ii) in accordance with
15        directions providing for the release, payment, or
16        distribution of escrow moneys contained in any written
17        contract signed by the principals to the transaction or
18        their duly authorized agents, or (iii) pursuant to an
19        order of a court of competent jurisdiction; or
20            (B) deemed abandoned and transferred to the Office
21        of the State Treasurer to be handled as unclaimed
22        property pursuant to the Revised Uniform Unclaimed
23        Property Act. Escrow moneys may be deemed abandoned
24        under this subparagraph (B) only: (i) in the absence of
25        disbursement under subparagraph (A); (ii) in the
26        absence of notice of the filing of any claim in a court

 

 

10000HB5210ham001- 31 -LRB100 16039 XWW 38133 a

1        of competent jurisdiction; and (iii) if 6 months have
2        elapsed after the receipt of a written demand for the
3        escrow moneys from one of the principals to the
4        transaction or the principal's duly authorized agent.
5    The account shall be noninterest bearing, unless the
6    character of the deposit is such that payment of interest
7    thereon is otherwise required by law or unless the
8    principals to the transaction specifically require, in
9    writing, that the deposit be placed in an interest bearing
10    account.
11        (18) Failure to make available to the Department all
12    escrow records and related documents maintained in
13    connection with the practice of real estate within 24 hours
14    of a request for those documents by Department personnel.
15        (19) Failing to furnish copies upon request of
16    documents relating to a real estate transaction to a party
17    who has executed that document.
18        (20) Failure of a sponsoring broker to timely provide
19    information, sponsor cards, or termination of licenses to
20    the Department.
21        (21) Engaging in dishonorable, unethical, or
22    unprofessional conduct of a character likely to deceive,
23    defraud, or harm the public.
24        (22) Commingling the money or property of others with
25    his or her own money or property.
26        (23) Employing any person on a purely temporary or

 

 

10000HB5210ham001- 32 -LRB100 16039 XWW 38133 a

1    single deal basis as a means of evading the law regarding
2    payment of commission to nonlicensees on some contemplated
3    transactions.
4        (24) Permitting the use of his or her license as a
5    broker to enable a leasing agent or unlicensed person to
6    operate a real estate business without actual
7    participation therein and control thereof by the broker.
8        (25) Any other conduct, whether of the same or a
9    different character from that specified in this Section,
10    that constitutes dishonest dealing.
11        (26) Displaying a "for rent" or "for sale" sign on any
12    property without the written consent of an owner or his or
13    her duly authorized agent or advertising by any means that
14    any property is for sale or for rent without the written
15    consent of the owner or his or her authorized agent.
16        (27) Failing to provide information requested by the
17    Department, or otherwise respond to that request, within 30
18    days of the request.
19        (28) Advertising by means of a blind advertisement,
20    except as otherwise permitted in Section 10-30 of this Act.
21        (29) Offering guaranteed sales plans, as defined in
22    clause (A) of this subdivision (29), except to the extent
23    hereinafter set forth:
24            (A) A "guaranteed sales plan" is any real estate
25        purchase or sales plan whereby a licensee enters into a
26        conditional or unconditional written contract with a

 

 

10000HB5210ham001- 33 -LRB100 16039 XWW 38133 a

1        seller, prior to entering into a brokerage agreement
2        with the seller, by the terms of which a licensee
3        agrees to purchase a property of the seller within a
4        specified period of time at a specific price in the
5        event the property is not sold in accordance with the
6        terms of a brokerage agreement to be entered into
7        between the sponsoring broker and the seller.
8            (B) A licensee offering a guaranteed sales plan
9        shall provide the details and conditions of the plan in
10        writing to the party to whom the plan is offered.
11            (C) A licensee offering a guaranteed sales plan
12        shall provide to the party to whom the plan is offered
13        evidence of sufficient financial resources to satisfy
14        the commitment to purchase undertaken by the broker in
15        the plan.
16            (D) Any licensee offering a guaranteed sales plan
17        shall undertake to market the property of the seller
18        subject to the plan in the same manner in which the
19        broker would market any other property, unless the
20        agreement with the seller provides otherwise.
21            (E) The licensee cannot purchase seller's property
22        until the brokerage agreement has ended according to
23        its terms or is otherwise terminated.
24            (F) Any licensee who fails to perform on a
25        guaranteed sales plan in strict accordance with its
26        terms shall be subject to all the penalties provided in

 

 

10000HB5210ham001- 34 -LRB100 16039 XWW 38133 a

1        this Act for violations thereof and, in addition, shall
2        be subject to a civil fine payable to the party injured
3        by the default in an amount of up to $25,000.
4        (30) Influencing or attempting to influence, by any
5    words or acts, a prospective seller, purchaser, occupant,
6    landlord, or tenant of real estate, in connection with
7    viewing, buying, or leasing real estate, so as to promote
8    or tend to promote the continuance or maintenance of
9    racially and religiously segregated housing or so as to
10    retard, obstruct, or discourage racially integrated
11    housing on or in any street, block, neighborhood, or
12    community.
13        (31) Engaging in any act that constitutes a violation
14    of any provision of Article 3 of the Illinois Human Rights
15    Act, whether or not a complaint has been filed with or
16    adjudicated by the Human Rights Commission.
17        (32) Inducing any party to a contract of sale or lease
18    or brokerage agreement to break the contract of sale or
19    lease or brokerage agreement for the purpose of
20    substituting, in lieu thereof, a new contract for sale or
21    lease or brokerage agreement with a third party.
22        (33) Negotiating a sale, exchange, or lease of real
23    estate directly with any person if the licensee knows that
24    the person has an exclusive brokerage agreement with
25    another broker, unless specifically authorized by that
26    broker.

 

 

10000HB5210ham001- 35 -LRB100 16039 XWW 38133 a

1        (34) When a licensee is also an attorney, acting as the
2    attorney for either the buyer or the seller in the same
3    transaction in which the licensee is acting or has acted as
4    a managing broker or broker.
5        (35) Advertising or offering merchandise or services
6    as free if any conditions or obligations necessary for
7    receiving the merchandise or services are not disclosed in
8    the same advertisement or offer. These conditions or
9    obligations include without limitation the requirement
10    that the recipient attend a promotional activity or visit a
11    real estate site. As used in this subdivision (35), "free"
12    includes terms such as "award", "prize", "no charge", "free
13    of charge", "without charge", and similar words or phrases
14    that reasonably lead a person to believe that he or she may
15    receive or has been selected to receive something of value,
16    without any conditions or obligations on the part of the
17    recipient.
18        (36) (Blank).
19        (37) Violating the terms of a disciplinary order issued
20    by the Department.
21        (38) Paying or failing to disclose compensation in
22    violation of Article 10 of this Act.
23        (39) Requiring a party to a transaction who is not a
24    client of the licensee to allow the licensee to retain a
25    portion of the escrow moneys for payment of the licensee's
26    commission or expenses as a condition for release of the

 

 

10000HB5210ham001- 36 -LRB100 16039 XWW 38133 a

1    escrow moneys to that party.
2        (40) Disregarding or violating any provision of this
3    Act or the published rules adopted promulgated by the
4    Department to enforce this Act or aiding or abetting any
5    individual, foreign or domestic partnership, registered
6    limited liability partnership, limited liability company,
7    or corporation, or other business entity in disregarding
8    any provision of this Act or the published rules adopted
9    promulgated by the Department to enforce this Act.
10        (41) Failing to provide the minimum services required
11    by Section 15-75 of this Act when acting under an exclusive
12    brokerage agreement.
13        (42) Habitual or excessive use or addiction to alcohol,
14    narcotics, stimulants, or any other chemical agent or drug
15    that results in a managing broker, broker, or leasing
16    agent's inability to practice with reasonable skill or
17    safety.
18        (43) Enabling, aiding, or abetting an auctioneer, as
19    defined in the Auction License Act, to conduct a real
20    estate auction in a manner that is in violation of this
21    Act.
22        (44) Permitting any leasing agent or temporary leasing
23    agent permit holder to engage in activities that require a
24    broker's or managing broker's license.
25    (b) The Department may refuse to issue or renew or may
26suspend the license of any person who fails to file a return,

 

 

10000HB5210ham001- 37 -LRB100 16039 XWW 38133 a

1pay the tax, penalty or interest shown in a filed return, or
2pay any final assessment of tax, penalty, or interest, as
3required by any tax Act administered by the Department of
4Revenue, until such time as the requirements of that tax Act
5are satisfied in accordance with subsection (g) of Section
62105-15 of the Civil Administrative Code of Illinois.
7    (c) The Department shall deny a license or renewal
8authorized by this Act to a person who has defaulted on an
9educational loan or scholarship provided or guaranteed by the
10Illinois Student Assistance Commission or any governmental
11agency of this State in accordance with item (5) of subsection
12(a) of Section 2105-15 of the Civil Administrative Code of
13Illinois.
14    (d) In cases where the Department of Healthcare and Family
15Services (formerly Department of Public Aid) has previously
16determined that a licensee or a potential licensee is more than
1730 days delinquent in the payment of child support and has
18subsequently certified the delinquency to the Department may
19refuse to issue or renew or may revoke or suspend that person's
20license or may take other disciplinary action against that
21person based solely upon the certification of delinquency made
22by the Department of Healthcare and Family Services in
23accordance with item (5) of subsection (a) of Section 2105-15
24of the Civil Administrative Code of Illinois.
25    (e) In enforcing this Section, the Department or Board upon
26a showing of a possible violation may compel an individual

 

 

10000HB5210ham001- 38 -LRB100 16039 XWW 38133 a

1licensed to practice under this Act, or who has applied for
2licensure under this Act, to submit to a mental or physical
3examination, or both, as required by and at the expense of the
4Department. The Department or Board may order the examining
5physician to present testimony concerning the mental or
6physical examination of the licensee or applicant. No
7information shall be excluded by reason of any common law or
8statutory privilege relating to communications between the
9licensee or applicant and the examining physician. The
10examining physicians shall be specifically designated by the
11Board or Department. The individual to be examined may have, at
12his or her own expense, another physician of his or her choice
13present during all aspects of this examination. Failure of an
14individual to submit to a mental or physical examination, when
15directed, shall be grounds for suspension of his or her license
16until the individual submits to the examination if the
17Department finds, after notice and hearing, that the refusal to
18submit to the examination was without reasonable cause.
19    If the Department or Board finds an individual unable to
20practice because of the reasons set forth in this Section, the
21Department or Board may require that individual to submit to
22care, counseling, or treatment by physicians approved or
23designated by the Department or Board, as a condition, term, or
24restriction for continued, reinstated, or renewed licensure to
25practice; or, in lieu of care, counseling, or treatment, the
26Department may file, or the Board may recommend to the

 

 

10000HB5210ham001- 39 -LRB100 16039 XWW 38133 a

1Department to file, a complaint to immediately suspend, revoke,
2or otherwise discipline the license of the individual. An
3individual whose license was granted, continued, reinstated,
4renewed, disciplined or supervised subject to such terms,
5conditions, or restrictions, and who fails to comply with such
6terms, conditions, or restrictions, shall be referred to the
7Secretary for a determination as to whether the individual
8shall have his or her license suspended immediately, pending a
9hearing by the Department.
10    In instances in which the Secretary immediately suspends a
11person's license under this Section, a hearing on that person's
12license must be convened by the Department within 30 days after
13the suspension and completed without appreciable delay. The
14Department and Board shall have the authority to review the
15subject individual's record of treatment and counseling
16regarding the impairment to the extent permitted by applicable
17federal statutes and regulations safeguarding the
18confidentiality of medical records.
19    An individual licensed under this Act and affected under
20this Section shall be afforded an opportunity to demonstrate to
21the Department or Board that he or she can resume practice in
22compliance with acceptable and prevailing standards under the
23provisions of his or her license.
24(Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18;
25100-188, eff. 1-1-18; 100-534, eff. 9-22-17; revised 10-2-17.)
 

 

 

10000HB5210ham001- 40 -LRB100 16039 XWW 38133 a

1    (225 ILCS 454/30-5)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 30-5. Licensing of real estate education providers,
4education provider branches, and instructors.
5    (a) No person shall operate an education provider entity
6without possessing a valid and active license issued by the
7Department. Only education providers in possession of a valid
8education provider license may provide real estate
9pre-license, post-license, or continuing education courses
10that satisfy the requirements of this Act. Every person that
11desires to obtain an education provider license shall make
12application to the Department in writing on forms prescribed by
13the Department and pay the fee prescribed by rule. In addition
14to any other information required to be contained in the
15application as prescribed by rule, every application for an
16original or renewed license shall include the applicant's
17Social Security number or tax identification number.
18    (b) (Blank).
19    (c) (Blank).
20    (d) (Blank).
21    (e) (Blank).
22    (f) To qualify for an education provider license, an
23applicant must demonstrate the following:
24        (1) a sound financial base for establishing,
25    promoting, and delivering the necessary courses; budget
26    planning for the school's courses should be clearly

 

 

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1    projected;
2        (2) a sufficient number of qualified, licensed
3    instructors as provided by rule;
4        (3) adequate support personnel to assist with
5    administrative matters and technical assistance;
6        (4) maintenance and availability of records of
7    participation for licensees;
8        (5) the ability to provide each participant who
9    successfully completes an approved program with a
10    certificate of completion signed by the administrator of a
11    licensed education provider on forms provided by the
12    Department;
13        (6) a written policy dealing with procedures for the
14    management of grievances and fee refunds;
15        (7) lesson plans and examinations, if applicable, for
16    each course;
17        (8) a 75% passing grade for successful completion of
18    any continuing education course or pre-license or
19    post-license examination, if required;
20        (9) the ability to identify and use instructors who
21    will teach in a planned program; instructor selections must
22    demonstrate:
23            (A) appropriate credentials;
24            (B) competence as a teacher;
25            (C) knowledge of content area; and
26            (D) qualification by experience.

 

 

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1    Unless otherwise provided for in this Section, the
2education provider shall provide a proctor or an electronic
3means of proctoring for each examination; the education
4provider shall be responsible for the conduct of the proctor;
5the duties and responsibilities of a proctor shall be
6established by rule.
7    Unless otherwise provided for in this Section, the
8education provider must provide for closed book examinations
9for each course unless the Department, upon the recommendation
10of the Board, excuses this requirement based on the complexity
11of the course material.
12    (g) Advertising and promotion of education activities must
13be carried out in a responsible fashion clearly showing the
14educational objectives of the activity, the nature of the
15audience that may benefit from the activity, the cost of the
16activity to the participant and the items covered by the cost,
17the amount of credit that can be earned, and the credentials of
18the faculty.
19    (h) The Department may, or upon request of the Board shall,
20after notice, cause an education provider to attend an informal
21conference before the Board for failure to comply with any
22requirement for licensure or for failure to comply with any
23provision of this Act or the rules for the administration of
24this Act. The Board shall make a recommendation to the
25Department as a result of its findings at the conclusion of any
26such informal conference.

 

 

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1    (i) All education providers shall maintain these minimum
2criteria and pay the required fee in order to retain their
3education provider license.
4    (j) The Department may adopt any administrative rule
5consistent with the language and intent of this Act that may be
6necessary for the implementation and enforcement of this
7Section.
8(Source: P.A. 100-188, eff. 1-1-18.)
 
9    Section 20. The Real Estate Appraiser Licensing Act of 2002
10is amended by changing Sections 5-45 and 15-15 as follows:
 
11    (225 ILCS 458/5-45)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 5-45. Continuing education renewal requirements.
14    (a) The continuing education requirements for a person to
15renew a license as a State certified general real estate
16appraiser or a State certified residential real estate
17appraiser shall be established by rule.
18    (b) The continuing education requirements for a person to
19renew a license as an associate real estate trainee appraiser
20shall be established by rule.
21    (c) Notwithstanding any other provision of this Act to the
22contrary, the Department shall establish a continuing
23education completion deadline for appraisal licensees and
24require evidence of compliance with the continuing education

 

 

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1requirements before the renewal of a license.
2(Source: P.A. 96-844, eff. 12-23-09.)
 
3    (225 ILCS 458/15-15)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 15-15. Investigation; notice; hearing.
6    (a) Upon the motion of the Department or the Board or upon
7a complaint in writing of a person setting forth facts that, if
8proven, would constitute grounds for suspension, revocation,
9or other disciplinary action against a licensee or applicant
10for licensure, the Department shall investigate the actions of
11the licensee or applicant. If, upon investigation, the
12Department believes that there may be cause for suspension,
13revocation, or other disciplinary action, the Department shall
14use the services of a State certified general real estate
15appraiser, a State certified residential real estate
16appraiser, or the Real Estate Coordinator to assist in
17determining whether grounds for disciplinary action exist
18prior to commencing formal disciplinary proceedings.
19    (b) Formal disciplinary proceedings shall commence upon
20the issuance of a written complaint describing the charges that
21are the basis of the disciplinary action and delivery of the
22detailed complaint to the address of record of the licensee or
23applicant. The Department shall notify the licensee or
24applicant to file a verified written answer within 20 days
25after the service of the notice and complaint. The notification

 

 

10000HB5210ham001- 45 -LRB100 16039 XWW 38133 a

1shall inform the licensee or applicant of his or her right to
2be heard in person or by legal counsel; that the hearing will
3be afforded not sooner than 30 days after service of the
4complaint; that failure to file an answer will result in a
5default being entered against the licensee or applicant; that
6the license may be suspended, revoked, or placed on
7probationary status; and that other disciplinary action may be
8taken pursuant to this Act, including limiting the scope,
9nature, or extent of the licensee's practice. If the licensee
10or applicant fails to file an answer after service of notice,
11his or her license may, at the discretion of the Department, be
12suspended, revoked, or placed on probationary status and the
13Department may take whatever disciplinary action it deems
14proper, including limiting the scope, nature, or extent of the
15person's practice, without a hearing.
16    (c) At the time and place fixed in the notice, the Board
17shall conduct hearing of the charges, providing both the
18accused person and the complainant ample opportunity to present
19in person or by counsel such statements, testimony, evidence,
20and argument as may be pertinent to the charges or to a defense
21thereto.
22    (d) The Board shall present to the Secretary a written
23report of its findings and recommendations. A copy of the
24report shall be served upon the licensee or applicant, either
25personally or by certified mail. Within 20 days after the
26service, the licensee or applicant may present the Secretary

 

 

10000HB5210ham001- 46 -LRB100 16039 XWW 38133 a

1with a motion in writing for either a rehearing, a proposed
2finding of fact, a conclusion of law, or an alternative
3sanction, and shall specify the particular grounds for the
4request. If the accused orders a transcript of the record as
5provided in this Act, the time elapsing thereafter and before
6the transcript is ready for delivery to the accused shall not
7be counted as part of the 20 days. If the Secretary is not
8satisfied that substantial justice has been done, the Secretary
9may order a rehearing by the Board or other special committee
10appointed by the Secretary, may remand the matter to the Board
11for its reconsideration of the matter based on the pleadings
12and evidence presented to the Board, or may enter a final order
13in contravention of the Board's recommendation. In all
14instances under this Act in which the Board has rendered a
15recommendation to the Secretary with respect to a particular
16licensee or applicant, the Secretary, if he or she disagrees
17with the recommendation of the Board, shall file with the Board
18and provide to the licensee or applicant a copy of the
19Secretary's specific written reasons for disagreement with the
20Board. The reasons shall be filed within 60 days of the Board's
21recommendation to the Secretary and prior to any contrary
22action. Notwithstanding a licensee's or applicant's failure to
23file a motion for rehearing, the Secretary shall have the right
24to take any of the actions specified in this subsection (d).
25Upon the suspension or revocation of a license, the licensee
26shall be required to surrender his or her license to the

 

 

10000HB5210ham001- 47 -LRB100 16039 XWW 38133 a

1Department, and upon failure or refusal to do so, the
2Department shall have the right to seize the license.
3    (e) The Department has the power to issue subpoenas and
4subpoenas duces tecum to bring before it any person in this
5State, to take testimony, or to require production of any
6records relevant to an inquiry or hearing by the Board in the
7same manner as prescribed by law in judicial proceedings in the
8courts of this State. In a case of refusal of a witness to
9attend, testify, or to produce books or papers concerning a
10matter upon which he or she might be lawfully examined, the
11circuit court of the county where the hearing is held, upon
12application of the Department or any party to the proceeding,
13may compel obedience by proceedings as for contempt.
14    (f) Any license that is suspended indefinitely or revoked
15may not be restored for a minimum period of 2 years, or as
16otherwise ordered by the Secretary.
17    (g) In addition to the provisions of this Section
18concerning the conduct of hearings and the recommendations for
19discipline, the Department has the authority to negotiate
20disciplinary and non-disciplinary settlement agreements
21concerning any license issued under this Act. All such
22agreements shall be recorded as Consent Orders or Consent to
23Administrative Supervision Orders.
24    (h) The Secretary shall have the authority to appoint an
25attorney duly licensed to practice law in the State of Illinois
26to serve as the hearing officer in any action to suspend,

 

 

10000HB5210ham001- 48 -LRB100 16039 XWW 38133 a

1revoke, or otherwise discipline any license issued by the
2Department. The Hearing Officer shall have full authority to
3conduct the hearing.
4    (i) The Department, at its expense, shall preserve a record
5of all formal hearings of any contested case involving the
6discipline of a license. At all hearings or pre-hearing
7conferences, the Department and the licensee shall be entitled
8to have the proceedings transcribed by a certified shorthand
9reporter. A copy of the transcribed proceedings shall be made
10available to the licensee by the certified shorthand reporter
11upon payment of the prevailing contract copy rate.
12(Source: P.A. 96-844, eff. 12-23-09.)
 
13    Section 99. Effective date. This Act takes effect January
141, 2019.".