Rep. Angelo Saviano

Filed: 5/10/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1539

2    AMENDMENT NO. ______. Amend Senate Bill 1539 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.22 and by adding Section 4.32 as follows:
 
6    (5 ILCS 80/4.22)
7    Sec. 4.22. Acts repealed on January 1, 2012. The following
8Acts are repealed on January 1, 2012:
9    The Detection of Deception Examiners Act.
10    The Home Inspector License Act.
11    The Interior Design Title Act.
12    The Massage Licensing Act.
13    The Petroleum Equipment Contractors Licensing Act.
14    The Professional Boxing Act.
15    The Real Estate Appraiser Licensing Act of 2002.
16    The Water Well and Pump Installation Contractor's License

 

 

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1Act.
2(Source: P.A. 95-331, eff. 8-21-07.)
 
3    (5 ILCS 80/4.32 new)
4    Sec. 4.32. Act repealed on January 1, 2022. The following
5Act is repealed on January 1, 2022:
6    The Real Estate Appraiser Licensing Act of 2002.
 
7    Section 10. The Real Estate Appraiser Licensing Act of 2002
8is amended changing Sections 1-10, 5-5, 5-55, 10-5, 10-10,
910-20, 15-10, 15-30, and 25-15 and by adding Sections 10-17 and
1015-65 as follows:
 
11    (225 ILCS 458/1-10)
12    (Section scheduled to be repealed on January 1, 2012)
13    Sec. 1-10. Definitions. As used in this Act, unless the
14context otherwise requires:
15    "Accredited college or university, junior college, or
16community college" means a college or university, junior
17college, or community college that is approved or accredited by
18the Board of Higher Education, a regional or national
19accreditation association, or by an accrediting agency that is
20recognized by the U.S. Secretary of Education.
21    "Address of record" means the designated address recorded
22by the Department in the applicant's or licensee's application
23file or license file as maintained by the Department's

 

 

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1licensure maintenance unit. It is the duty of the applicant or
2licensee to inform the Department of any change of address and
3those changes must be made either through the Department's
4website or by contacting the Department.
5    "Applicant" means person who applies to the Department for
6a license under this Act.
7    "Appraisal" means (noun) the act or process of developing
8an opinion of value; an opinion of value (adjective) of or
9pertaining to appraising and related functions, such as
10appraisal practice or appraisal services.
11    "Appraisal assignment" means a valuation service provided
12as a consequence of an agreement between an appraiser and a
13client.
14    "Appraisal consulting" means the act or process of
15developing an analysis, recommendation, or opinion to solve a
16problem, where an opinion of value is a component of the
17analysis leading to the assignment results.
18    "Appraisal firm" means an appraisal entity that is 100%
19owned and controlled by a person or persons licensed in
20Illinois as a certified general real estate appraiser or a
21certified residential real estate appraiser. "Appraisal firm"
22does not include an appraisal management company.
23    "Appraisal management company" means any corporation,
24limited liability company, partnership, sole proprietorship,
25subsidiary, unit, or other business entity that directly or
26indirectly performs the following appraisal management

 

 

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1services: (1) administers networks of independent contractors
2or employee appraisers to perform real estate appraisal
3assignments for clients; (2) receives requests for real estate
4appraisal services from clients and, for a fee paid by the
5client, enters into an agreement with one or more independent
6appraisers to perform the real estate appraisal services
7contained in the request; or (3) otherwise serves as a
8third-party broker of appraisal management services between
9clients and appraisers. "Appraisal management company" does
10not include an appraisal firm.
11    "Appraisal practice" means valuation services performed by
12an individual acting as an appraiser, including, but not
13limited to, appraisal, appraisal review, or appraisal
14consulting.
15    "Appraisal report" means any communication, written or
16oral, of an appraisal, appraisal review, or appraisal
17consulting service that is transmitted to a client upon
18completion of an assignment.
19    "Appraisal review" means the act or process of developing
20and communicating an opinion about the quality of another
21appraiser's work that was performed as part of an appraisal,
22appraisal review, or appraisal assignment.
23    "Appraisal Subcommittee" means the Appraisal Subcommittee
24of the Federal Financial Institutions Examination Council as
25established by Title XI.
26    "Appraiser" means a person who performs real estate or real

 

 

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1property appraisals.
2    "AQB" means the Appraisal Qualifications Board of the
3Appraisal Foundation.
4    "Associate real estate trainee appraiser" means an
5entry-level appraiser who holds a license of this
6classification under this Act with restrictions as to the scope
7of practice in accordance with this Act.
8    "Board" means the Real Estate Appraisal Administration and
9Disciplinary Board.
10    "Classroom hour" means 50 minutes of instruction out of
11each 60 minute segment of coursework.
12    "Client" means the party or parties who engage an appraiser
13by employment or contract in a specific appraisal assignment.
14    "Coordinator" means the Coordinator of Real Estate
15Appraisal of the Division of Professional Regulation of the
16Department of Financial and Professional Regulation.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Federal financial institutions regulatory agencies" means
20the Board of Governors of the Federal Reserve System, the
21Federal Deposit Insurance Corporation, the Office of the
22Comptroller of the Currency, the Office of Thrift Supervision,
23and the National Credit Union Administration.
24    "Federally related transaction" means any real
25estate-related financial transaction in which a federal
26financial institutions regulatory agency, the Department of

 

 

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1Housing and Urban Development, Fannie Mae, Freddie Mae, or the
2National Credit Union Administration engages in, contracts
3for, or regulates and requires the services of an appraiser.
4    "Financial institution" means any bank, savings bank,
5savings and loan association, credit union, mortgage broker,
6mortgage banker, licensee under the Consumer Installment Loan
7Act or the Sales Finance Agency Act, or a corporate fiduciary,
8subsidiary, affiliate, parent company, or holding company of
9any such licensee, or any institution involved in real estate
10financing that is regulated by state or federal law.
11    "Modular Course" means the Appraisal Qualifying Course
12Design conforming to the Sub Topics Course Outline contained in
13the AQB Criteria 2008.
14    "Person" means an individual, entity, sole proprietorship,
15corporation, limited liability company, partnership, and joint
16venture, foreign or domestic, except that when the context
17otherwise requires, the term may refer to more than one
18individual or other described entity.
19    "Real estate" means an identified parcel or tract of land,
20including any improvements.
21    "Real estate related financial transaction" means any
22transaction involving:
23        (1) the sale, lease, purchase, investment in, or
24    exchange of real property, including interests in property
25    or the financing thereof;
26        (2) the refinancing of real property or interests in

 

 

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1    real property; and
2        (3) the use of real property or interest in property as
3    security for a loan or investment, including mortgage
4    backed securities.
5    "Real property" means the interests, benefits, and rights
6inherent in the ownership of real estate.
7    "Secretary" means the Secretary of Financial and
8Professional Regulation.
9    "State certified general real estate appraiser" means an
10appraiser who holds a license of this classification under this
11Act and such classification applies to the appraisal of all
12types of real property without restrictions as to the scope of
13practice.
14    "State certified residential real estate appraiser" means
15an appraiser who holds a license of this classification under
16this Act and such classification applies to the appraisal of
17one to 4 units of residential real property without regard to
18transaction value or complexity, but with restrictions as to
19the scope of practice in a federally related transaction in
20accordance with Title XI, the provisions of USPAP, criteria
21established by the AQB, and further defined by rule.
22    "Supervising appraiser" means either (i) an appraiser who
23holds a valid license under this Act as either a State
24certified general real estate appraiser or a State certified
25residential real estate appraiser, who co-signs an appraisal
26report for an associate real estate trainee appraiser or (ii) a

 

 

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1State certified general real estate appraiser who holds a valid
2license under this Act who co-signs an appraisal report for a
3State certified residential real estate appraiser on
4properties other than one to 4 units of residential real
5property without regard to transaction value or complexity.
6    "Title XI" means Title XI of the federal Financial
7Institutions Reform, Recovery and Enforcement Act of 1989.
8    "USPAP" means the Uniform Standards of Professional
9Appraisal Practice as promulgated by the Appraisal Standards
10Board pursuant to Title XI and by rule.
11    "Valuation services" means services pertaining to aspects
12of property value.
13(Source: P.A. 96-844, eff. 12-23-09.)
 
14    (225 ILCS 458/5-5)
15    (Section scheduled to be repealed on January 1, 2012)
16    Sec. 5-5. Necessity of license; use of title; exemptions.
17    (a) It is unlawful for a person to (i) act, offer services,
18or advertise services as a State certified general real estate
19appraiser, State certified residential real estate appraiser,
20or associate real estate trainee appraiser, (ii) develop a real
21estate appraisal, (iii) practice as a real estate appraiser, or
22(iv) advertise or hold himself or herself out to be a real
23estate appraiser, or (v) solicit clients or enter into an
24appraisal engagement with clients without a license issued
25under this Act. A person who violates this subsection is guilty

 

 

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1of a Class A misdemeanor for a first offense and a Class 4
2felony for any subsequent offense.
3    (a-5) It is unlawful for a person, unless registered as an
4appraisal management company, to solicit clients or enter into
5an appraisal engagement with clients without either a certified
6residential real estate appraiser license or a certified
7general real estate appraiser license issued under this Act. A
8person who violates this subsection is guilty of a Class A
9misdemeanor for a first offense and a Class 4 felony for any
10subsequent offense.
11    (b) It is unlawful for a person, other than a person who
12holds a valid license issued pursuant to this Act as a State
13certified general real estate appraiser, a State certified
14residential real estate appraiser, or an associate real estate
15trainee appraiser to use these titles or any other title,
16designation, or abbreviation likely to create the impression
17that the person is licensed as a real estate appraiser pursuant
18to this Act. A person who violates this subsection is guilty of
19a Class A misdemeanor for a first offense and a Class 4 felony
20for any subsequent offense.
21    (c) The licensing requirements of this Act do not require a
22person who holds a valid license pursuant to the Real Estate
23License Act of 2000, to be licensed as a real estate appraiser
24under this Act, unless that person is providing or attempting
25to provide an appraisal report, as defined in Section 1-10 of
26this Act, in connection with a federally-related transaction.

 

 

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1Nothing in this Act shall prohibit a person who holds a valid
2license under the Real Estate License Act of 2000 from
3performing a comparative market analysis or broker price
4opinion for compensation, provided that the person does not
5hold himself out as being a licensed real estate appraiser.
6    (d) Nothing in this Act shall preclude a State certified
7general real estate appraiser, a State certified residential
8real estate appraiser, or an associate real estate trainee
9appraiser from rendering appraisals for or on behalf of a
10partnership, association, corporation, firm, or group.
11However, no State appraisal license or certification shall be
12issued under this Act to a partnership, association,
13corporation, firm, or group.
14    (e) This Act does not apply to a county assessor, township
15assessor, multi-township assessor, county supervisor of
16assessments, or any deputy or employee of any county assessor,
17township assessor, multi-township assessor, or county
18supervisor of assessments who is performing his or her
19respective duties in accordance with the provisions of the
20Property Tax Code.
21    (f) A State real estate appraisal certification or license
22is not required under this Act for any of the following:
23        (1) A person, partnership, association, or corporation
24    that performs appraisals of property owned by that person,
25    partnership, association, or corporation for the sole use
26    of that person, partnership, association, or corporation.

 

 

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1        (2) A court-appointed commissioner who conducts an
2    appraisal pursuant to a judicially ordered evaluation of
3    property.
4However, any person who is certified or licensed under this Act
5and who performs any of the activities set forth in this
6subsection (f) must comply with the provisions of this Act. A
7person who violates this subsection (f) is guilty of a Class A
8misdemeanor for a first offense and a Class 4 felony for any
9subsequent offense.
10    (g) This Act does not apply to an employee, officer,
11director, or member of a credit or loan committee of a
12financial institution or any other person engaged by a
13financial institution when performing an evaluation of real
14property for the sole use of the financial institution in a
15transaction for which the financial institution would not be
16required to use the services of a State licensed or State
17certified appraiser pursuant to federal regulations adopted
18under Title XI of the federal Financial Institutions Reform,
19Recovery, and Enforcement Act of 1989, nor does this Act apply
20to the procurement of an automated valuation model.
21    "Automated valuation model" means an automated system that
22is used to derive a property value through the use of publicly
23available property records and various analytic methodologies
24such as comparable sales prices, home characteristics, and
25historical home price appreciations.
26(Source: P.A. 96-844, eff. 12-23-09.)
 

 

 

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1    (225 ILCS 458/5-55)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 5-55. Fees. The Department shall establish rules for
4fees to be paid by applicants and licensees to cover the
5reasonable costs of the Department in administering and
6enforcing the provisions of this Act. The Department, with the
7advice of the Board, may also establish rules for general fees
8to cover the reasonable expenses of carrying out other
9functions and responsibilities under this Act.
10(Source: P.A. 96-844, eff. 12-23-09.)
 
11    (225 ILCS 458/10-5)
12    (Section scheduled to be repealed on January 1, 2012)
13    Sec. 10-5. Scope of practice.
14    (a) This Act does not limit a State certified general real
15estate appraiser in his or her scope of practice in a federally
16related transaction. A certified general real estate appraiser
17may independently provide appraisal services, review, or
18consulting relating to any type of property for which he or she
19has experience or is competent. All such appraisal practice
20must be made in accordance with the provisions of USPAP,
21criteria established by the AQB, and rules adopted pursuant to
22this Act.
23    (b) A State certified residential real estate appraiser is
24limited in his or her scope of practice to in a federally

 

 

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1related transaction as provided by Title XI, the provisions of
2USPAP, criteria established by the AQB, and the rules adopted
3pursuant to this Act.
4    (c) A State certified residential real estate appraiser
5must have a State certified general real estate appraiser who
6holds a valid license under this Act co-sign all appraisal
7reports on properties other than one to 4 units of residential
8real property without regard to transaction value or
9complexity.
10    (d) An associate real estate trainee appraiser is limited
11in his or her scope of practice in all transactions in
12accordance with the provisions of USPAP, this Act, and the
13rules adopted pursuant to this Act. In addition, an associate
14real estate trainee appraiser shall be required to have a State
15certified general real estate appraiser or State certified
16residential real estate appraiser who holds a valid license
17under this Act to co-sign all appraisal reports. The associate
18real estate trainee appraiser licensee may not have more than 3
19supervising appraisers, and a supervising appraiser may not
20supervise more than 3 associate real estate trainee appraisers
21at one time. A chronological appraisal log on an approved log
22form shall be maintained by the associate real estate trainee
23appraiser and shall be made available to the Department upon
24request.
25(Source: P.A. 96-844, eff. 12-23-09.)
 

 

 

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1    (225 ILCS 458/10-10)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 10-10. Standards of practice. All persons licensed
4under this Act must comply with standards of professional
5appraisal practice adopted by the Department. The Department
6must adopt, as part of its rules, the Uniform Standards of
7Professional Appraisal Practice (USPAP) as published from time
8to time by the Appraisal Standards Board of the Appraisal
9Foundation. The Department shall consider federal laws and
10regulations regarding the licensure of real estate appraisers
11prior to adopting its rules for the administration of this Act.
12When an appraisal obtained through an appraisal management
13company is used for loan purposes, the borrower or loan
14applicant shall be provided with a written disclosure of the
15total compensation to the appraiser or appraisal firm within
16the certification of the appraisal report and it shall not be
17redacted or otherwise obscured
18(Source: P.A. 96-844, eff. 12-23-09.)
 
19    (225 ILCS 458/10-17 new)
20    Sec. 10-17. Survey. Within 12 months after the effective
21date of this amendatory Act of the 97th General Assembly, the
22Department or its designee shall conduct a survey of fees for
23appraisal services for single-family residences, two-family
24residences, three-family residences, and four-family
25residences. The fee survey shall exclude assignments ordered by

 

 

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1known appraisal management companies and complex assignments.
2The Department may conduct additional surveys as necessitated
3by rules adopted pursuant to the federal Dodd-Frank Wall Street
4Reform and Consumer Protection Act. The Department may assess
5an additional fee at the time of licensure or renewal to cover
6the expenses of carrying out this Section.
 
7    (225 ILCS 458/10-20)
8    (Section scheduled to be repealed on January 1, 2012)
9    Sec. 10-20. Retention of records. A person licensed under
10this Act shall retain records as required by the most recent
11version of the USPAP and as further defined by rule the
12original copy of all written contracts engaging his or her
13services as an appraiser and all appraisal reports, including
14any supporting data used to develop the appraisal report, for a
15period of 5 years or 2 years after the final disposition of any
16judicial proceeding in which testimony was given, whichever is
17longer. In addition, a person licensed under this Act shall
18retain contracts, logs, and appraisal reports used in meeting
19pre-license experience requirements for a period of 5 years and
20shall be made available to the Department upon request.
21(Source: P.A. 96-844, eff. 12-23-09.)
 
22    (225 ILCS 458/15-10)
23    (Section scheduled to be repealed on January 1, 2012)
24    Sec. 15-10. Grounds for disciplinary action.

 

 

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1    (a) The Department may suspend, revoke, refuse to issue,
2renew, or restore a license and may reprimand place on
3probation or administrative supervision, or take any
4disciplinary or non-disciplinary action, including imposing
5conditions limiting the scope, nature, or extent of the real
6estate appraisal practice of a licensee or reducing the
7appraisal rank of a licensee, and may impose an administrative
8fine not to exceed $25,000 for each violation upon a licensee
9for any one or combination of the following:
10        (1) Procuring or attempting to procure a license by
11    knowingly making a false statement, submitting false
12    information, engaging in any form of fraud or
13    misrepresentation, or refusing to provide complete
14    information in response to a question in an application for
15    licensure.
16        (2) Failing to meet the minimum qualifications for
17    licensure as an appraiser established by this Act.
18        (3) Paying money, other than for the fees provided for
19    by this Act, or anything of value to a member or employee
20    of the Board or the Department to procure licensure under
21    this Act.
22        (4) Conviction by plea of guilty or nolo contendere,
23    finding of guilt, jury verdict, or entry of judgment or by
24    sentencing of any crime, including, but not limited to,
25    convictions, preceding sentences of supervision,
26    conditional discharge, or first offender probation, under

 

 

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1    the laws of any jurisdiction of the United States: (i) that
2    is a felony; or (ii) that is a misdemeanor, an essential
3    element of which is dishonesty, or that is directly related
4    to the practice of the profession. Conviction of or entry
5    of a plea of guilty or nolo contendere to any crime that is
6    a felony under the laws of the United States or any state
7    or territory thereof or a misdemeanor of which an essential
8    element is dishonesty or that is directly related to the
9    practice of the profession.
10        (5) Committing an act or omission involving
11    dishonesty, fraud, or misrepresentation with the intent to
12    substantially benefit the licensee or another person or
13    with intent to substantially injure another person as
14    defined by rule.
15        (6) Violating a provision or standard for the
16    development or communication of real estate appraisals as
17    provided in Section 10-10 of this Act or as defined by
18    rule.
19        (7) Failing or refusing without good cause to exercise
20    reasonable diligence in developing, reporting, or
21    communicating an appraisal, as defined by this Act or by
22    rule.
23        (8) Violating a provision of this Act or the rules
24    adopted pursuant to this Act.
25        (9) Having been disciplined by another state, the
26    District of Columbia, a territory, a foreign nation, a

 

 

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1    governmental agency, or any other entity authorized to
2    impose discipline if at least one of the grounds for that
3    discipline is the same as or the equivalent of one of the
4    grounds for which a licensee may be disciplined under this
5    Act.
6        (10) Engaging in dishonorable, unethical, or
7    unprofessional conduct of a character likely to deceive,
8    defraud, or harm the public.
9        (11) Accepting an appraisal assignment when the
10    employment itself is contingent upon the appraiser
11    reporting a predetermined estimate, analysis, or opinion
12    or when the fee to be paid is contingent upon the opinion,
13    conclusion, or valuation reached or upon the consequences
14    resulting from the appraisal assignment.
15        (12) Developing valuation conclusions based on the
16    race, color, religion, sex, national origin, ancestry,
17    age, marital status, family status, physical or mental
18    handicap, or unfavorable military discharge, as defined
19    under the Illinois Human Rights Act, of the prospective or
20    present owners or occupants of the area or property under
21    appraisal.
22        (13) Violating the confidential nature of government
23    records to which the licensee gained access through
24    employment or engagement as an appraiser by a government
25    agency.
26        (14) Being adjudicated liable in a civil proceeding on

 

 

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1    grounds of fraud, misrepresentation, or deceit. In a
2    disciplinary proceeding based upon a finding of civil
3    liability, the appraiser shall be afforded an opportunity
4    to present mitigating and extenuating circumstances, but
5    may not collaterally attack the civil adjudication.
6        (15) Being adjudicated liable in a civil proceeding for
7    violation of a state or federal fair housing law.
8        (16) Engaging in misleading or untruthful advertising
9    or using a trade name or insignia of membership in a real
10    estate appraisal or real estate organization of which the
11    licensee is not a member.
12        (17) Failing to fully cooperate with a Department
13    investigation by knowingly making a false statement,
14    submitting false or misleading information, or refusing to
15    provide complete information in response to written
16    interrogatories or a written request for documentation
17    within 30 days of the request.
18        (18) Failing to include within the certificate of
19    appraisal for all written appraisal reports the
20    appraiser's license number and licensure title. All
21    appraisers providing significant contribution to the
22    development and reporting of an appraisal must be disclosed
23    in the appraisal report. It is a violation of this Act for
24    an appraiser to sign a report, transmittal letter, or
25    appraisal certification knowing that a person providing a
26    significant contribution to the report has not been

 

 

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1    disclosed in the appraisal report.
2        (19) Violating the terms of a disciplinary order or
3    consent to administrative supervision order.
4        (20) Habitual or excessive use or addiction to alcohol,
5    narcotics, stimulants, or any other chemical agent or drug
6    that results in a licensee's inability to practice with
7    reasonable judgment, skill, or safety.
8        (21) A physical or mental illness or disability which
9    results in the inability to practice under this Act with
10    reasonable judgment, skill, or safety.
11        (22) Gross negligence in developing an appraisal or in
12    communicating an appraisal or failing to observe one or
13    more of the Uniform Standards of Professional Appraisal
14    Practice.
15        (23) A pattern of practice or other behavior that
16    demonstrates incapacity or incompetence to practice under
17    this Act.
18        (24) Using or attempting to use the seal, certificate,
19    or license of another as his or her own; falsely
20    impersonating any duly licensed appraiser; using or
21    attempting to use an inactive, expired, suspended, or
22    revoked license; or aiding or abetting any of the
23    foregoing.
24        (25) Solicitation of professional services by using
25    false, misleading, or deceptive advertising.
26        (26) Making a material misstatement in furnishing

 

 

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1    information to the Department.
2        (27) Failure to furnish information to the Department
3    upon written request.
4    (b) The Department may reprimand suspend, revoke, or refuse
5to issue or renew an education provider's license, may
6reprimand, place on probation, or otherwise discipline an
7education provider and may suspend or revoke the course
8approval of any course offered by an education provider and may
9impose an administrative fine not to exceed $25,000 upon an
10education provider, for any of the following:
11        (1) Procuring or attempting to procure licensure by
12    knowingly making a false statement, submitting false
13    information, engaging in any form of fraud or
14    misrepresentation, or refusing to provide complete
15    information in response to a question in an application for
16    licensure.
17        (2) Failing to comply with the covenants certified to
18    on the application for licensure as an education provider.
19        (3) Committing an act or omission involving
20    dishonesty, fraud, or misrepresentation or allowing any
21    such act or omission by any employee or contractor under
22    the control of the provider.
23        (4) Engaging in misleading or untruthful advertising.
24        (5) Failing to retain competent instructors in
25    accordance with rules adopted under this Act.
26        (6) Failing to meet the topic or time requirements for

 

 

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1    course approval as the provider of a pre-license curriculum
2    course or a continuing education course.
3        (7) Failing to administer an approved course using the
4    course materials, syllabus, and examinations submitted as
5    the basis of the course approval.
6        (8) Failing to provide an appropriate classroom
7    environment for presentation of courses, with
8    consideration for student comfort, acoustics, lighting,
9    seating, workspace, and visual aid material.
10        (9) Failing to maintain student records in compliance
11    with the rules adopted under this Act.
12        (10) Failing to provide a certificate, transcript, or
13    other student record to the Department or to a student as
14    may be required by rule.
15        (11) Failing to fully cooperate with an investigation
16    by the Department by knowingly making a false statement,
17    submitting false or misleading information, or refusing to
18    provide complete information in response to written
19    interrogatories or a written request for documentation
20    within 30 days of the request.
21    (c) In appropriate cases, the Department may resolve a
22complaint against a licensee through the issuance of a Consent
23to Administrative Supervision order. A licensee subject to a
24Consent to Administrative Supervision order shall be
25considered by the Department as an active licensee in good
26standing. This order shall not be reported or considered by the

 

 

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1Department to be a discipline of the licensee. The records
2regarding an investigation and a Consent to Administrative
3Supervision order shall be considered confidential and shall
4not be released by the Department except as mandated by law. A
5complainant shall be notified if his or her complaint has been
6resolved by a Consent to Administrative Supervision order.
7(Source: P.A. 96-844, eff. 12-23-09.)
 
8    (225 ILCS 458/15-30)
9    (Section scheduled to be repealed on January 1, 2012)
10    Sec. 15-30. Statute of limitations. No action may be taken
11under this Act against a person licensed under this Act unless
12the action is commenced within 5 years after the occurrence of
13the alleged violation or within at least 2 years after final
14disposition of any judicial proceeding, including any appeals,
15in which the appraiser provided testimony related to the
16assignment, whichever period expires last. A continuing
17violation is deemed to have occurred on the date when the
18circumstances last existed that gave rise to the alleged
19continuing violation.
20(Source: P.A. 96-844, eff. 12-23-09.)
 
21    (225 ILCS 458/15-65 new)
22    Sec. 15-65. Confidentiality. All information collected by
23the Department in the course of an examination or investigation
24of a licensee or applicant, including, but not limited to, any

 

 

09700SB1539ham001- 24 -LRB097 08574 CEL 55043 a

1complaint against a licensee filed with the Department and
2information collected to investigate any such complaint, shall
3be maintained for the confidential use of the Department and
4shall not be disclosed. The Department may not disclose the
5information to anyone other than law enforcement officials,
6other regulatory agencies that have an appropriate regulatory
7interest as determined by the Secretary, or to a party
8presenting a lawful subpoena to the Department. Information and
9documents disclosed to a federal, State, county, or local law
10enforcement agency shall not be disclosed by the agency for any
11purpose to any other agency or person. A formal complaint filed
12against a licensee by the Department or any order issued by the
13Department against a licensee or applicant shall be a public
14record, except as otherwise prohibited by law.
 
15    (225 ILCS 458/25-15)
16    (Section scheduled to be repealed on January 1, 2012)
17    Sec. 25-15. Coordinator of Real Estate Appraisal;
18appointment; duties. The Secretary shall appoint, subject to
19the Personnel Code, a Coordinator of Real Estate Appraisal. In
20appointing the Coordinator, the Secretary shall give due
21consideration to recommendations made by members,
22organizations, and associations of the real estate appraisal
23industry. On or after January 1, 2010, the Coordinator must
24hold a current, valid State certified general real estate
25appraiser license or a State certified residential real estate

 

 

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1appraiser license, which shall be surrendered to the Department
2during the term of his or her appointment. The Coordinator must
3take the 30-hour National Instructors Course on Uniform
4Standards of Professional Appraisal Practice. The
5Coordinator's license shall be returned in the same status as
6it was on the date of surrender, credited with all fees that
7came due during his or her employment. The Coordinator shall:
8        (1) serve as a member of the Real Estate Appraisal
9    Administration and Disciplinary Board without vote;
10        (2) be the direct liaison between the Department, the
11    profession, and the real estate appraisal industry
12    organizations and associations;
13        (3) prepare and circulate to licensees such
14    educational and informational material as the Department
15    deems necessary for providing guidance or assistance to
16    licensees;
17        (4) appoint necessary committees to assist in the
18    performance of the functions and duties of the Department
19    under this Act; and
20        (5) (blank); and .
21        (6) be authorized to investigate and determine the
22    facts of a complaint; the coordinator may interview
23    witnesses, the complainant, and any licensees involved in
24    the alleged matter and make a recommendation as to the
25    findings of fact.
26(Source: P.A. 96-844, eff. 12-23-09.)
 

 

 

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1    (225 ILCS 458/5-21 rep.)
2    Section 15. The Real Estate Appraiser Licensing Act of 2002
3is amended by repealing Section 5-21.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".