97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1806

 

Introduced 2/9/2011, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Home Inspector License Act and the Regulatory Sunset Act. Permits the Department to disclose information and documents related to an examination or investigation of a licensee or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Provides that any formal complaint against a licensee filed with the Department or an order issued by the Department against a licensee or applicant shall be a public record. Allows the Department to take action, including imposing fines not to exceed $25,000 per violation, if the individual meets the requirements for grounds for disciplinary action. Grants the Department authority to petition the Attorney General or local State's Attorney office where a violation occurs to enjoin the violation or order enforcement compliance with this Act. Provides that, on a showing of a possible violation, the Department may compel an applicant or a licensee to submit to a physical or mental examination. Repeals provisions concerning the Home Inspector Advisory Board. Creates peer review advisors that the Department may authorize to investigate complaints, revise the licensing examination at the direction of the Department, review training and qualifications of applicants, and interview witnesses, the complainant, and any licensees involved in an alleged matter. Provides the Department the authority to issue subpoenas, administer oaths at Department hearings, or petition the circuit courts to order the attendance and testimony of witnesses. Makes other changes. Amends the Regulatory Sunset Act to extend the Home Inspector License Act from January 1, 2012 to January 1, 2022. Effective immediately.


LRB097 07033 CEL 47126 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1806LRB097 07033 CEL 47126 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 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 Acts repealed on January 1, 2012.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8Acts are repealed on January 1, 2012: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
17Act.
18(Source: P.A. 95-331, eff. 8-21-07.)
 
19    (5 ILCS 80/4.32 new)
20    Sec. 4.32. Act repealed on January 1, 2022. The following
21Act is repealed on January 1, 2022:
22    The Home Inspector License Act.
 

 

 

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1    Section 10. The Home Inspector License Act is amended by
2changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20,
35-45, 10-5, 10-10, 15-5, 15-10, 15-15, 15-20, 15-25, 15-35,
415-55, 15-60, 20-5, 20-10, 25-5, 25-15, 25-20, and 25-25 and by
5adding Sections 5-14, 15-65, 15-70, 25-17, and 25-27 as
6follows:
 
7    (225 ILCS 441/1-10)
8    (Section scheduled to be repealed on January 1, 2012)
9    Sec. 1-10. Definitions. As used in this Act, unless the
10context otherwise requires:
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    "Applicant" means a person who applies to the Department
19OBRE for a license under this Act.
20    "Board" means the Home Inspector Advisory Board.
21    "Client" means a person who engages or seeks to engage the
22services of a home inspector for an inspection assignment.
23    "Department" means the Department of Financial and
24Professional Regulation.

 

 

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1    "Commissioner" means the Commissioner of the Office of
2Banks and Real Estate or his or her designee.
3    "Home inspection" means the examination and evaluation of
4the exterior and interior components of residential real
5property, which includes the inspection of any 2 or more of the
6following components of residential real property in
7connection with or to facilitate the sale, lease, or other
8conveyance of, or the proposed sale, lease or other conveyance
9of, residential real property:
10        (1) heating, ventilation, and air conditioning system;
11        (2) plumbing system;
12        (3) electrical system;
13        (4) structural composition;
14        (5) foundation;
15        (6) roof;
16        (7) masonry structure; or
17        (8) any other residential real property component as
18    established by rule.
19    "Home inspector" means a person who, for another and for
20compensation either direct or indirect, performs home
21inspections.
22    "Home inspection report" or "inspection report" means a
23written evaluation prepared and issued by a home inspector upon
24completion of a home inspection, which meets the standards of
25practice as established by the Department OBRE.
26    "Inspection assignment" means an engagement for which a

 

 

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1home inspector is employed or retained to conduct a home
2inspection and prepare a home inspection report.
3    "OBRE" means the Office of Banks and Real Estate.
4    "Person" means individuals, entities, corporations,
5limited liability companies, registered limited liability
6partnerships, and partnerships, foreign or domestic, except
7that when the context otherwise requires, the term may refer to
8a single individual or other described entity.
9    "Residential real property" means real property that is
10used or intended to be used as a residence by one or more
11individuals.
12    "Secretary" means the Secretary of Financial and
13Professional Regulation.
14    "Standards of practice" means recognized standards and
15codes to be used in a home inspection, as determined by the
16Department OBRE and established by rule.
17(Source: P.A. 92-239, eff. 8-3-01.)
 
18    (225 ILCS 441/5-5)
19    (Section scheduled to be repealed on January 1, 2012)
20    Sec. 5-5. Necessity of license; use of title; exemptions.
21    (a) It Beginning January 1, 2003, it is unlawful for any
22person, including any entity, to act or assume to act as a home
23inspector, to engage in the business of home inspection, to
24develop a home inspection report, to practice as a home
25inspector, or to advertise or hold himself, herself, or itself

 

 

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1out to be a home inspector without a home inspector license
2issued under this Act. A person who violates this subsection is
3guilty of a Class A misdemeanor for the first offense and a
4Class 4 felony for the second and any subsequent offenses.
5    (b) It Beginning January 1, 2003, it is unlawful for any
6person, other than a person who holds a valid home inspector
7license issued pursuant to this Act, to use the title "home
8inspector" or any other title, designation, or abbreviation
9likely to create the impression that the person is licensed as
10a home inspector pursuant to this Act. A person who violates
11this subsection is guilty of a Class A misdemeanor.
12    (c) The licensing requirements of this Article do not apply
13to:
14        (1) any person who is employed as a code enforcement
15    official by the State of Illinois or any unit of local
16    government, while acting within the scope of that
17    government employment;
18        (2) any person licensed by the State of Illinois while
19    acting within the scope of his or her license; or
20        (3) any person engaged by the owner or lessor of
21    residential real property for the purpose of preparing a
22    bid or estimate as to the work necessary or the costs
23    associated with performing home construction, home
24    remodeling, or home repair work on the residential real
25    property, provided such person does not hold himself or
26    herself out, or advertise himself or herself, as being

 

 

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1    engaged in business as a home inspector.
2(Source: P.A. 92-239, eff. 8-3-01.)
 
3    (225 ILCS 441/5-10)
4    (Section scheduled to be repealed on January 1, 2012)
5    Sec. 5-10. Application for home inspector license. Every
6natural person who desires to obtain a home inspector license
7shall:
8        (1) apply to the Department OBRE on forms prescribed by
9    the Department and provided by OBRE accompanied by the
10    required fee; all applications shall contain the
11    information that, in the judgment of the Department,
12    enables the Department to pass on the qualifications of the
13    applicant for a license to practice as a home inspector as
14    set by rule;
15        (2) be at least 21 years of age;
16        (3) provide evidence of having attained a high school
17    diploma or completed an equivalent course of study as
18    determined by an examination conducted by the Illinois
19    State Board of Education;
20        (4) personally take and pass an examination authorized
21    by the Department OBRE; and
22        (5) prior to taking the examination, provide evidence
23    to the Department OBRE that he or she has successfully
24    completed the prerequisite classroom hours of instruction
25    in home inspection, as established by rule.

 

 

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1    Applicants have 3 years after the date of the application
2to complete the application process. If the process has not
3been completed within 3 years, the application shall be denied,
4the fee forfeited, and the applicant must reapply and meet the
5requirements in effect at the time of reapplication.
6(Source: P.A. 92-239, eff. 8-3-01.)
 
7    (225 ILCS 441/5-12)
8    (Section scheduled to be repealed on January 1, 2012)
9    Sec. 5-12. Application for home inspector license; entity.
10Every entity that is not a natural person that desires to
11obtain a home inspector license shall apply to the Department
12OBRE on forms provided by the Department OBRE and accompanied
13by the required fee.
14    Applicants have 3 years after the date of the application
15to complete the application process. If the process has not
16been completed within 3 years, the application shall be denied,
17the fee forfeited, and the applicant must reapply and meet the
18requirements in effect at the time of reapplication.
19(Source: P.A. 92-239, eff. 8-3-01.)
 
20    (225 ILCS 441/5-14 new)
21    Sec. 5-14. Social Security Number on license application.
22In addition to any other information required to be contained
23in the application, every application for an original, renewal,
24reinstated, or restored license under this Act shall include

 

 

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1the applicant's Social Security Number.
 
2    (225 ILCS 441/5-16)
3    (Section scheduled to be repealed on January 1, 2012)
4    Sec. 5-16. Renewal of license.
5    (a) The expiration date and renewal period for a home
6inspector license issued under this Act shall be set by rule.
7Except as otherwise provided in subsections (b) and (c) of this
8Section, the holder of a license may renew the license within
990 days preceding the expiration date by:
10        (1) completing and submitting to the Department OBRE a
11    renewal application form as provided by the Department
12    OBRE;
13        (2) paying the required fees; and
14        (3) providing evidence of successful completion of the
15    continuing education requirements through courses approved
16    by the Department OBRE given by education providers
17    licensed by the Department OBRE, as established by rule.
18    (b) A home inspector whose license under this Act has
19expired may renew the license for a period of 2 years following
20the expiration date by complying with the requirements of
21subparagraphs (1), (2), and (3) of subsection (a) of this
22Section and paying any late penalties established by rule.
23    (c) Notwithstanding subsection (b), a home inspector whose
24license under this Act has expired may renew the license
25without paying any lapsed renewal fees or late penalties if (i)

 

 

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1the license expired while the home inspector was on active duty
2with the United States Armed Services, (ii) application for
3renewal is made within 2 years following the termination of the
4military service or related education, training, or
5employment, and (iii) the applicant furnishes to the Department
6OBRE an affidavit that he or she was so engaged.
7    (d) The Department OBRE shall provide reasonable care and
8due diligence to ensure that each licensee under this Act is
9provided a renewal application at least 90 days prior to the
10expiration date, but it is the responsibility of each licensee
11to renew his or her license prior to its expiration date.
12(Source: P.A. 92-239, eff. 8-3-01.)
 
13    (225 ILCS 441/5-17)
14    (Section scheduled to be repealed on January 1, 2012)
15    Sec. 5-17. Renewal of home inspector license; entity.
16    (a) The expiration date and renewal period for a home
17inspector license for an entity that is not a natural person
18shall be set by rule. The holder of a license may renew the
19license within 90 days preceding the expiration date by
20completing and submitting to the Department OBRE a renewal
21application form as provided by the Department OBRE and paying
22the required fees.
23    (b) An entity that is not a natural person whose license
24under this Act has expired may renew the license for a period
25of 2 years following the expiration date by complying with the

 

 

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1requirements of subsection (a) of this Section and paying any
2late penalties established by rule.
3(Source: P.A. 92-239, eff. 8-3-01.)
 
4    (225 ILCS 441/5-20)
5    (Section scheduled to be repealed on January 1, 2012)
6    Sec. 5-20. Endorsement. Reciprocity; consent to
7jurisdiction. The Department may, in its discretion, license as
8a home inspector, by endorsement, on payment of the required
9fee, an applicant who is a home inspector licensed under the
10laws of another state or territory, if (i) the requirements for
11licensure in the state or territory in which the applicant was
12licensed were, at the date of his or her licensure,
13substantially equivalent to the requirements in force in this
14State on that date or (ii) there were no requirements in force
15in this State on the date of his or her licensure and the
16applicant possessed individual qualifications on that date
17that are substantially similar to the requirements under this
18Act. The Department may adopt any rules necessary to implement
19this Section.
20    Applicants have 3 years after the date of application to
21complete the application process. If the process has not been
22completed within 3 years, the application shall be denied, the
23fee forfeited, and the applicant must reapply and meet the
24requirements in effect at the time of reapplication.
25    (a) A nonresident who holds a valid home inspector license

 

 

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1issued to him or her by the proper licensing authority of a
2state, territory, possession of the United States, or the
3District of Columbia that has licensing requirements equal to
4or substantially equivalent to the requirements of the State of
5Illinois and otherwise meets the requirements for licensure may
6obtain a license without examination, provided that:
7        (1) OBRE has entered into a valid reciprocal agreement
8    with the proper licensing authority of the state,
9    territory, or possession of the United States or the
10    District of Columbia;
11        (2) the applicant provides OBRE with a certificate of
12    good standing from the applicant's licensing authority;
13        (3) the applicant completes and submits an application
14    provided by OBRE; and
15        (4) the applicant pays all applicable fees required
16    under this Act.
17    (b) A nonresident applicant shall file an irrevocable
18consent form with OBRE authorizing that actions may be
19commenced against the applicant or nonresident licensee in a
20court of competent jurisdiction in the State of Illinois by the
21service of summons, process, or other pleading authorized by
22law upon the Commissioner. The consent shall stipulate and
23agree that service of the summons, process, or pleading upon
24the Commissioner shall be taken and held in all courts to be
25valid and binding as if actual service had been made upon the
26nonresident licensee in Illinois. If a summons, process, or

 

 

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1other pleading is served upon the Commissioner, it shall be by
2duplicate copies, one of which shall be retained by OBRE and
3the other shall be immediately forwarded by certified or
4registered mail to the last known address of the nonresident
5licensee against whom the summons, process, or other pleading
6is directed.
7(Source: P.A. 92-239, eff. 8-3-01.)
 
8    (225 ILCS 441/5-45)
9    (Section scheduled to be repealed on January 1, 2012)
10    Sec. 5-45. Fees. The Department OBRE shall establish rules
11for fees to be paid by applicants and licensees to cover the
12reasonable costs of the Department OBRE in administering and
13enforcing the provisions of this Act. The Department OBRE may
14also establish rules for general fees to cover the reasonable
15expenses of carrying out other functions and responsibilities
16under this Act.
17(Source: P.A. 92-239, eff. 8-3-01.)
 
18    (225 ILCS 441/10-5)
19    (Section scheduled to be repealed on January 1, 2012)
20    Sec. 10-5. Standards of practice. All persons licensed
21under this Act must comply with standards of professional home
22inspection adopted by the Department OBRE and established by
23rule. The Department may OBRE shall consider nationally
24recognized standards and codes prior to adopting the rules for

 

 

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1the standards of practice.
2(Source: P.A. 92-239, eff. 8-3-01.)
 
3    (225 ILCS 441/10-10)
4    (Section scheduled to be repealed on January 1, 2012)
5    Sec. 10-10. Retention of records. A person licensed under
6this Act shall retain the original or a true and exact copy of
7all written contracts engaging his or her services as a home
8inspector and all home inspection reports, including any
9supporting data used to develop the home inspection report, for
10a period of 5 years or 2 years after the final disposition of
11any judicial proceeding, which includes any appeal, in which
12testimony was given, whichever is longer.
13(Source: P.A. 92-239, eff. 8-3-01.)
 
14    (225 ILCS 441/15-5)
15    (Section scheduled to be repealed on January 1, 2012)
16    Sec. 15-5. Unlicensed practice; civil penalty; injunctive
17relief.
18    (a) Any person who practices, offers to practice, attempts
19to practice, or holds himself or herself out to practice home
20inspection or as a home inspector without being licensed under
21this Act violates Section 5-5 of this Act shall, in addition to
22any other penalty provided by law, pay a civil penalty to the
23Department OBRE in an amount not to exceed $25,000 $10,000 for
24each violation of this Act as determined by the Department

 

 

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1Commissioner. The civil penalty shall be assessed by the
2Department Commissioner after a hearing is held in accordance
3with the provisions of this Act.
4    (b) The Department OBRE has the authority and power to
5investigate any unlicensed activity that may violate this Act
6or the rules adopted under this Act.
7    (c) A civil penalty shall be paid within 60 days after the
8effective date of the order imposing the civil penalty. The
9Department OBRE may petition the circuit court for a judgment
10to enforce the collection of the penalty. Any civil penalties
11collected under this Act shall be made payable to the
12Department Office of Banks and Real Estate and deposited into
13the Home Inspector Administration Fund. In addition to or in
14lieu of the imposition of a civil penalty, OBRE may report a
15violation of this Act or the failure or refusal to comply with
16an order of OBRE to the Attorney General or the appropriate
17State's Attorney.
18    (d) Practicing as a home inspector without holding a valid
19license as required under this Act is declared to be adverse to
20the public welfare, to constitute a public nuisance, and to
21cause irreparable harm to the public welfare. The Commissioner,
22the Attorney General, or the State's Attorney of any county in
23the State may maintain an action for injunctive relief in the
24name of the People of the State of Illinois in any circuit
25court to enjoin any person from engaging in such practice.
26    Upon the filing of a verified petition in a circuit court,

 

 

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1the court, if satisfied by affidavit or otherwise that a person
2has been engaged in the practice of home inspections without a
3valid license, may enter a temporary restraining order without
4notice or bond enjoining the defendant from further practice.
5The showing of non-licensure, by affidavit or otherwise, is
6sufficient for the issuance of a temporary injunction. A copy
7of the verified complaint shall be served upon the defendant
8and the proceeding shall be conducted as in other civil cases
9except as modified by this Section. If it is established that
10the defendant has been or is engaged in unlawful practice, the
11court may enter an order or judgment perpetually enjoining the
12defendant from further unlawful practice. In all proceedings
13under this Section, the court, in its discretion, may apportion
14the costs among the parties interested in the action, including
15the cost of filing the complaint, service of process, witness
16fees and expenses, court reporter charges, and reasonable
17attorneys' fees. These injunction proceedings shall be in
18addition to, and not in lieu of, all penalties and other
19remedies provided in this Act.
20(Source: P.A. 92-239, eff. 8-3-01.)
 
21    (225 ILCS 441/15-10)
22    (Section scheduled to be repealed on January 1, 2012)
23    Sec. 15-10. Grounds for disciplinary action.
24    (a) The Department may refuse to issue or renew, or may
25revoke, suspend, place on probation, reprimand, or take other

 

 

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1disciplinary or non-disciplinary action as the Department may
2deem appropriate, including imposing fines not to exceed
3$25,000 for each violation, with regard to any license for any
4one or combination of the following: The Office of Banks and
5Real Estate may suspend, revoke, or refuse to issue or renew a
6license, and may reprimand, place on probation or
7administrative supervision, or otherwise discipline a
8licensee, including imposing conditions limiting the scope,
9nature, or extent of the home inspection practice of a licensee
10and may impose a civil penalty not to exceed $10,000 upon a
11licensee, for one or any combination of the following:
12        (1) Fraud or misrepresentation in applying for, or
13    procuring a license under this Act or in connection with
14    applying for renewal of a license under this Act. Procuring
15    or attempting to procure a license by knowingly making a
16    false statement, submitting false information, making any
17    form of fraud or misrepresentation, or refusing to provide
18    complete information in response to a question in an
19    application for licensure.
20        (2) Failing to meet the minimum qualifications for
21    licensure as a home inspector established by this Act.
22        (3) Paying money, other than for the fees provided for
23    by this Act, or anything of value to a member of the Board
24    or an employee of the Department Office of Banks and Real
25    Estate to procure licensure under this Act.
26        (4) Conviction by plea of guilty or nolo contendere,

 

 

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1    finding of guilt, jury verdict, or entry of judgment or by
2    sentencing of any crime, including, but not limited to,
3    convictions, preceding sentences of supervision,
4    conditional discharge, or first offender probation, under
5    the laws of any jurisdiction of the United States: (i) that
6    is a felony; (ii) that is a misdemeanor, an essential
7    element of which is dishonesty, or that is directly related
8    to the practice of the profession; or (iii) that is a crime
9    that subjects the licensee to compliance with the
10    requirements of the Sex Offender Registration Act. Being
11    convicted of a felony in any state or federal court; of any
12    crime, an essential element of which is dishonesty, fraud,
13    theft, or embezzlement; of obtaining money, property, or
14    credit by false pretenses; or of any other crime that is
15    reasonably related to the practice of home inspection.
16        (5) Committing an act or omission involving
17    dishonesty, fraud, or misrepresentation with the intent to
18    substantially benefit the licensee or another person or
19    with the intent to substantially injure another person.
20        (6) Violating a provision or standard for the
21    development or communication of home inspections as
22    provided in Section 10-5 of this Act or as defined in the
23    rules.
24        (7) Failing or refusing without good cause to exercise
25    reasonable diligence in the development, reporting, or
26    communication of a home inspection report, as defined by

 

 

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1    this Act or the rules.
2        (8) Violating a provision of this Act or the rules.
3        (9) Having been disciplined by another state, the
4    District of Columbia, a territory, a foreign nation, a
5    governmental agency, or any other entity authorized to
6    impose discipline if at least one of the grounds for that
7    discipline is the same as or substantially the equivalent
8    to of one of the grounds for which a licensee may be
9    disciplined under this Act.
10        (10) Engaging in dishonorable, unethical, or
11    unprofessional conduct of a character likely to deceive,
12    defraud, or harm the public.
13        (11) Accepting an inspection assignment when the
14    employment itself is contingent upon the home inspector
15    reporting a predetermined analysis or opinion, or when the
16    fee to be paid is contingent upon the analysis, opinion, or
17    conclusion reached or upon the consequences resulting from
18    the home inspection assignment.
19        (12) Developing home inspection opinions or
20    conclusions based on the race, color, religion, sex,
21    national origin, ancestry, age, marital status, family
22    status, physical or mental handicap, or unfavorable
23    military discharge, as defined under the Illinois Human
24    Rights Act, of the prospective or present owners or
25    occupants of the area or property under home inspection.
26        (13) 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 home inspector shall be afforded an
4    opportunity to present mitigating and extenuating
5    circumstances, but may not collaterally attack the civil
6    adjudication.
7        (14) Being adjudicated liable in a civil proceeding for
8    violation of a State or federal fair housing law.
9        (15) Engaging in misleading or untruthful advertising
10    or using a trade name or insignia of membership in a home
11    inspection organization of which the licensee is not a
12    member.
13        (16) Failing, within 30 days, to provide information in
14    response to a written request made by the Department. to
15    fully cooperate with an OBRE investigation by knowingly
16    making a false statement, submitting false or misleading
17    information, or refusing to provide complete information
18    in response to written interrogatories or a written request
19    for documentation within 30 days of the request.
20        (17) Failing to include within the home inspection
21    report the home inspector's license number and the date of
22    expiration of the license. All home inspectors providing
23    significant contribution to the development and reporting
24    of a home inspection must be disclosed in the home
25    inspection report. It is a violation of this Act for a home
26    inspector to sign a home inspection report knowing that a

 

 

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1    person providing a significant contribution to the report
2    has not been disclosed in the home inspection report.
3        (18) Advising a client as to whether the client should
4    or should not engage in a transaction regarding the
5    residential real property that is the subject of the home
6    inspection.
7        (19) Performing a home inspection in a manner that
8    damages or alters the residential real property that is the
9    subject of the home inspection without the consent of the
10    owner.
11        (20) Performing a home inspection when the home
12    inspector is providing or may also provide other services
13    in connection with the residential real property or
14    transaction, or has an interest in the residential real
15    property, without providing prior written notice of the
16    potential or actual conflict and obtaining the prior
17    consent of the client as provided by rule.
18        (21) Aiding or assisting another person in violating
19    any provision of this Act or rules adopted under this Act.
20        (22) Inability to practice with reasonable judgment,
21    skill, or safety as a result of habitual or excessive use
22    or addiction to alcohol, narcotics, stimulants, or any
23    other chemical agent or drug.
24        (23) A finding by the Department that the licensee,
25    after having his or her license placed on probationary
26    status, has violated the terms of probation.

 

 

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1        (24) Willfully making or filing false records or
2    reports in his or her practice, including, but not limited
3    to, false records filed with State agencies or departments.
4        (25) Charging for professional services not rendered,
5    including filing false statements for the collection of
6    fees for which services are not rendered.
7        (26) Practicing under a false or, except as provided by
8    law, an assumed name.
9        (27) Cheating on or attempting to subvert the licensing
10    examination administered under this Act.
11    (b) The Department Office of Banks and Real Estate may
12suspend, revoke, or refuse to issue or renew an education
13provider's license, may reprimand, place on probation, or
14otherwise discipline an education provider licensee, and may
15suspend or revoke the course approval of any course offered by
16an education provider, for any of the following:
17        (1) Procuring or attempting to procure licensure by
18    knowingly making a false statement, submitting false
19    information, making any form of fraud or
20    misrepresentation, or refusing to provide complete
21    information in response to a question in an application for
22    licensure.
23        (2) Failing to comply with the covenants certified to
24    on the application for licensure as an education provider.
25        (3) Committing an act or omission involving
26    dishonesty, fraud, or misrepresentation or allowing any

 

 

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1    such act or omission by any employee or contractor under
2    the control of the education provider.
3        (4) Engaging in misleading or untruthful advertising.
4        (5) Failing to retain competent instructors in
5    accordance with rules adopted under this Act.
6        (6) Failing to meet the topic or time requirements for
7    course approval as the provider of a pre-license curriculum
8    course or a continuing education course.
9        (7) Failing to administer an approved course using the
10    course materials, syllabus, and examinations submitted as
11    the basis of the course approval.
12        (8) Failing to provide an appropriate classroom
13    environment for presentation of courses, with
14    consideration for student comfort, acoustics, lighting,
15    seating, workspace, and visual aid material.
16        (9) Failing to maintain student records in compliance
17    with the rules adopted under this Act.
18        (10) Failing to provide a certificate, transcript, or
19    other student record to the Department OBRE or to a student
20    as may be required by rule.
21        (11) Failing to fully cooperate with a Department an
22    OBRE investigation by knowingly making a false statement,
23    submitting false or misleading information, or refusing to
24    provide complete information in response to written
25    interrogatories or a written request for documentation
26    within 30 days of the request.

 

 

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1    (c) In appropriate cases, the Department OBRE may resolve a
2complaint against a licensee through the issuance of a Consent
3to Administrative Supervision order. A licensee subject to a
4Consent to Administrative Supervision order shall be
5considered by the Department OBRE as an active licensee in good
6standing. This order shall not be reported as or considered by
7the Department OBRE to be a discipline of the licensee. The
8records regarding an investigation and a Consent to
9Administrative Supervision order shall be considered
10confidential and shall not be released by the Department OBRE
11except as mandated by law. The complainant shall be notified
12that his or her complaint has been resolved by a Consent to
13Administrative Supervision order.
14    (d) The Department may refuse to issue or may suspend
15without hearing, as provided for in the Code of Civil
16Procedure, the license of any person who fails to file a tax
17return, to pay the tax, penalty, or interest shown in a filed
18tax return, or to pay any final assessment of tax, penalty, or
19interest, as required by any tax Act administered by the
20Illinois Department of Revenue, until such time as the
21requirements of the tax Act are satisfied in accordance with
22subsection (g) of Section 2105-15 of the Civil Administrative
23Code of Illinois.
24    (e) The Department shall deny a license or renewal
25authorized by this Act to a person who has defaulted on an
26educational loan or scholarship provided or guaranteed by the

 

 

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1Illinois Student Assistance Commission or any governmental
2agency of this State in accordance with item (5) of subsection
3(g) of Section 2105-15 of the Civil Administrative Code of
4Illinois.
5    (f) In cases where the Department of Healthcare and Family
6Services has previously determined that a licensee or a
7potential licensee is more than 30 days delinquent in the
8payment of child support and has subsequently certified the
9delinquency to the Department, the Department may refuse to
10issue or renew or may revoke or suspend that person's license
11or may take other disciplinary action against that person based
12solely upon the certification of delinquency made by the
13Department of Healthcare and Family Services in accordance with
14item (5) of subsection (g) of Section 1205-15 of the Civil
15Administrative Code of Illinois.
16    (g) The determination by a circuit court that a licensee is
17subject to involuntary admission or judicial admission, as
18provided in the Mental Health and Developmental Disabilities
19Code, operates as an automatic suspension. The suspension will
20end only upon a finding by a court that the patient is no
21longer subject to involuntary admission or judicial admission
22and the issuance of a court order so finding and discharging
23the patient.
24    (h) In enforcing this Act, the Department, upon a showing
25of a possible violation, may compel an individual licensed to
26practice under this Act, or who has applied for licensure under

 

 

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1this Act, to submit to a mental or physical examination, or
2both, as required by and at the expense of the Department. The
3Department may order the examining physician to present
4testimony concerning the mental or physical examination of the
5licensee or applicant. No information shall be excluded by
6reason of any common law or statutory privilege relating to
7communications between the licensee or applicant and the
8examining physician. The examining physicians shall be
9specifically designated by the Department. The individual to be
10examined may have, at his or her own expense, another physician
11of his or her choice present during all aspects of this
12examination. The examination shall be performed by a physician
13licensed to practice medicine in all its branches. Failure of
14an individual to submit to a mental or physical examination,
15when directed, shall result in an automatic suspension without
16hearing.
17    A person holding a license under this Act or who has
18applied for a license under this Act, who, because of a
19physical or mental illness or disability, including, but not
20limited to, deterioration through the aging process or loss of
21motor skill, is unable to practice the profession with
22reasonable judgment, skill, or safety, may be required by the
23Department to submit to care, counseling, or treatment by
24physicians approved or designated by the Department as a
25condition, term, or restriction for continued, reinstated, or
26renewed licensure to practice. Submission to care, counseling,

 

 

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1or treatment as required by the Department shall not be
2considered discipline of a license. If the licensee refuses to
3enter into a care, counseling, or treatment agreement or fails
4to abide by the terms of the agreement, the Department may file
5a complaint to revoke, suspend, or otherwise discipline the
6license of the individual. The Secretary may order the license
7suspended immediately, pending a hearing by the Department.
8Fines shall not be assessed in disciplinary actions involving
9physical or mental illness or impairment.
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 15 days after
13the suspension and completed without appreciable delay. The
14Department shall have the authority to review the subject
15individual's record of treatment and counseling regarding the
16impairment to the extent permitted by applicable federal
17statutes and regulations safeguarding the confidentiality of
18medical records.
19    An individual licensed under this Act and affected under
20this Section shall be afforded an opportunity to demonstrate to
21the Department that he or she can resume practice in compliance
22with acceptable and prevailing standards under the provisions
23of his or her license.
24(Source: P.A. 92-239, eff. 8-3-01.)
 
25    (225 ILCS 441/15-15)

 

 

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1    (Section scheduled to be repealed on January 1, 2012)
2    Sec. 15-15. Investigation; notice; hearing. The Department
3may investigate the actions of any applicant or of any person
4or persons rendering or offering to render home inspection
5services or any person holding or claiming to hold a license as
6a home inspector. The Department shall, before refusing to
7issue or renew a license or to discipline a licensee pursuant
8to Section 15-10, at least 30 days prior to the date set for
9the hearing, (i) notify the accused in writing, of the charges
10made and the time and place for the hearing on the charges,
11(ii) direct him or her to file a written answer with the
12Department under oath within 20 days after the service of the
13notice, and (iii) inform the applicant or licensee that failure
14to file an answer will result in a default judgment being
15entered against the applicant or licensee. At the time and
16place fixed in the notice, the Department shall proceed to hear
17the charges and the parties of their counsel shall be accorded
18ample opportunity to present any pertinent statements,
19testimony, evidence, and arguments. The Department may
20continue the hearing from time to time. In case the person,
21after receiving the notice, fails to file an answer, his or her
22license, may, in the discretion of the Department, be revoked,
23suspended, placed on probationary status, or the Department may
24take whatever disciplinary actions considered proper,
25including limiting the scope, nature, or extent of the person's
26practice or the imposition of a fine, without a hearing, if the

 

 

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1act or acts charged constitute sufficient grounds for that
2action under the Act. The written notice may be served by
3personal delivery or by certified mail to the accused's address
4of record.
5    (a) Upon the request of the Office of Banks and Real Estate
6or the Board, or upon a complaint in writing of a person
7setting forth facts that, if proven, would constitute grounds
8for suspension, revocation, or other disciplinary action
9against a licensee or applicant for licensure, the Office of
10Banks and Real Estate shall investigate the actions of the
11licensee or applicant so accused.
12    (b) Formal disciplinary proceedings shall commence upon
13the issuance of a written complaint detailing the charges that
14are the basis of the disciplinary action and delivery of the
15detailed complaint to the address of record of the licensee or
16applicant. OBRE shall notify the licensee or applicant to file
17a verified written answer within 20 days after the service of
18the notice and complaint. The notification shall inform the
19licensee or applicant that he or she has a right to be heard in
20person or by legal counsel; that the hearing will be afforded
21not sooner than 30 days after receipt of the answer to the
22specific charges; that failure to file an answer will result in
23a default being entered against the licensee or applicant; and
24that the license may be suspended, revoked, or placed on
25probationary status and other disciplinary action may be taken
26pursuant to this Act, including limiting the scope, nature, or

 

 

SB1806- 29 -LRB097 07033 CEL 47126 b

1extent of the licensee's practice. If the licensee or applicant
2fails to file an answer after receiving notice, his or her
3license may, at the discretion of the Office of Banks and Real
4Estate, be suspended, revoked, or placed on probationary status
5and the Office of Banks and Real Estate may take whatever
6disciplinary action it deems proper, including limiting the
7scope, nature, or extent of the person's practice, without a
8hearing.
9    (c) At the time and place fixed in the notice, the Board
10shall conduct a hearing of the charges, providing both the
11accused person and the complainant ample opportunity to present
12in person or by counsel such statements, testimony, evidence,
13and arguments as may be pertinent to the charges or to any
14defense thereto.
15    (d) The Board shall present to the Commissioner a written
16report of its findings and recommendations. A copy of the
17report shall be served upon the licensee or applicant, either
18personally or by certified mail. Within 20 days after the
19service, the licensee or applicant may present the Commissioner
20with a motion in writing for either a rehearing, a proposed
21finding of fact, a conclusion of law, or an alternative
22sanction, and shall specify the particular grounds for the
23request. If the accused shall order and pay for a transcript of
24the record as provided in this Act, the time elapsing
25thereafter and before the transcript is ready for delivery to
26the accused shall not be counted as part of the 20 days. If the

 

 

SB1806- 30 -LRB097 07033 CEL 47126 b

1Commissioner is not satisfied that substantial justice has been
2done, the Commissioner may order a rehearing by the Board or
3other special committee appointed by the Commissioner, may
4remand the matter to the Board for their reconsideration of the
5matter based on the pleadings and evidence presented to the
6Board, or may enter a final order in contravention of the
7Board's recommendation. In all instances, under this Act, in
8which the Board has rendered a recommendation to the
9Commissioner with respect to a particular licensee or
10applicant, the Commissioner, if he or she disagrees with the
11recommendation of the Board, shall file with the Board and
12provide to the licensee or applicant the Commissioner's
13specific written reasons for disagreement with the Board. The
14reasons shall be filed within 60 days of the Board's
15recommendation to the Commissioner and prior to any contrary
16action. At the expiration of the time specified for filing a
17motion for a rehearing, the Commissioner shall have the right
18to take any of the actions specified in this paragraph. Upon
19the suspension or revocation of a license, the licensee shall
20be required to surrender his or her license to OBRE, and upon
21failure or refusal to do so, OBRE shall have the right to seize
22the license.
23    (e) The Office of Banks and Real Estate has the power to
24issue subpoenas and subpoenas duces tecum to bring before it
25any person in this State, to take testimony, or to require
26production of any records relevant to an inquiry or hearing by

 

 

SB1806- 31 -LRB097 07033 CEL 47126 b

1the Board in the same manner as prescribed by law in judicial
2proceedings in the courts of this State. In a case of refusal
3of a witness to attend, testify, or to produce books or papers
4concerning a matter upon which he or she might be lawfully
5examined, the circuit court of the county where the hearing is
6held, upon application of the Office of Banks and Real Estate
7or any party to the proceeding, may compel obedience by
8proceedings as for contempt of court.
9    (f) Any license that is suspended indefinitely or revoked
10may not be restored for a minimum period of 2 years. After the
112 year period, OBRE may restore the license without
12examination, upon the written recommendation of the Board.
13(Source: P.A. 92-239, eff. 8-3-01.)
 
14    (225 ILCS 441/15-20)
15    (Section scheduled to be repealed on January 1, 2012)
16    Sec. 15-20. Administrative Review Law; certification fees;
17Illinois Administrative Procedure Act.
18    (a) All final administrative decisions of the Department
19Commissioner under this Act are subject to judicial review
20pursuant to the provisions of the Administrative Review Law and
21the rules adopted pursuant thereto. The term "administrative
22decision" has the meaning ascribed to it in Section 3-101 of
23the Administrative Review Law.
24    (b) The Department shall not be required to certify any
25record to the court or file any answer in court or otherwise

 

 

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1appear in any court in a judicial review proceeding, unless and
2until the Department has received from the plaintiff payment of
3the costs of furnishing and certifying the record, which costs
4shall be determined by the Department. Exhibits shall be
5certified without cost. Failure on the part of the plaintiff to
6file a receipt in court is grounds for dismissal of the action.
7OBRE shall not be required to certify any record, file any
8answer, or otherwise appear unless the party filing the
9administrative review complaint pays the certification fee to
10OBRE as provided by rule. Failure on the part of the plaintiff
11to make such a deposit shall be grounds for dismissal of the
12action.
13    (c) The Illinois Administrative Procedure Act is hereby
14expressly adopted and incorporated herein. In the event of a
15conflict between this Act and the Illinois Administrative
16Procedure Act, this Act shall control.
17(Source: P.A. 92-239, eff. 8-3-01; 92-651, eff. 7-11-02.)
 
18    (225 ILCS 441/15-25)
19    (Section scheduled to be repealed on January 1, 2012)
20    Sec. 15-25. Temporary suspension. The Secretary
21Commissioner may temporarily suspend the license of a licensee
22without a hearing, while instituting a proceeding for a hearing
23as provided for in Section 15-15 of this Act, if the Secretary
24Commissioner finds that the evidence indicates that the public
25interest, safety, or welfare imperatively requires emergency

 

 

SB1806- 33 -LRB097 07033 CEL 47126 b

1action. In the event that the Secretary Commissioner
2temporarily suspends the license without a hearing before the
3Board, a hearing shall be held within 30 days after the
4suspension has occurred. The suspended licensee may seek a
5continuance of the hearing during which the suspension shall
6remain in effect. The proceeding shall be concluded without
7appreciable delay.
8(Source: P.A. 92-239, eff. 8-3-01.)
 
9    (225 ILCS 441/15-35)
10    (Section scheduled to be repealed on January 1, 2012)
11    Sec. 15-35. Signature of the Secretary Commissioner. An
12order of revocation or suspension or a certified copy of the
13order, bearing the seal of the Department OBRE and purporting
14to be signed by the Secretary Commissioner, shall be prima
15facie proof that:
16        (1) the signature is the genuine signature of the
17Secretary Commissioner; and
18        (2) the Secretary Commissioner is duly appointed and
19    qualified. ; and
20        (3) the Board and its members are qualified.
21This proof may be rebutted.
22(Source: P.A. 92-239, eff. 8-3-01.)
 
23    (225 ILCS 441/15-55)
24    (Section scheduled to be repealed on January 1, 2012)

 

 

SB1806- 34 -LRB097 07033 CEL 47126 b

1    Sec. 15-55. Returned checks; penalty fee; termination. A
2person who delivers a check or other payment to the Department
3OBRE that is returned to the Department OBRE unpaid by the
4financial institution upon which it was drawn shall pay to the
5Department OBRE, in addition to the amount already owed, a
6penalty fee of $50. The Department OBRE shall notify the
7person, by certified mail return receipt requested, that his or
8her check or payment was returned and that the person shall pay
9to the Department OBRE by certified check or money order the
10amount of the returned check plus a $50 penalty fee within 30
11calendar days after the date of the notification. If, after the
12expiration of 30 calendar days of the notification, the person
13has failed to remit the necessary funds and penalty, the
14Department OBRE shall automatically terminate the license or
15deny the application without hearing. If the returned check or
16other payment was for issuance of a license under this Act and
17that person practices as a home inspector, that person may be
18subject to discipline for unlicensed practice as provided in
19this Act. If, after termination or denial, the person seeks a
20license, he or she shall petition the Department OBRE for
21restoration and he or she may be subject to additional
22discipline or fines. The Secretary Commissioner may waive the
23penalties or fines due under this Section in individual cases
24where the Secretary Commissioner finds that the penalties or
25fines would be unreasonable or unnecessarily burdensome.
26(Source: P.A. 92-239, eff. 8-3-01.)
 

 

 

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1    (225 ILCS 441/15-60)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 15-60. Violations; injunction; cease Cease and desist
4orders.
5    (a) If any person violates a provision of this Act, the
6Secretary may, in the name of the People of the State of
7Illinois, through the Attorney General of the State of Illinois
8or the State's Attorney in the county in which the offense
9occurs, petition for an order enjoining the violation or for an
10order enforcing compliance with this Act. Upon the filing of a
11verified petition in court, the court may issue a temporary
12restraining order, without notice or bond, and may
13preliminarily and permanently enjoin the violation. If it is
14established that the person has violated or is violating the
15injunction, the court may punish the offender for contempt of
16court. Proceedings under this Section shall be in addition to,
17and not in lieu of, all other remedies and penalties provided
18by this Act.
19    (b) If any person practices as a home inspector or holds
20himself or herself out as a home inspector without being
21licensed under the provisions of this Act, then the Secretary,
22any licensed home inspector, any interested party, or any
23person injured thereby may petition for relief as provided in
24subsection (a) of this Section or may apply to the circuit
25court of the county in which the violation or some part thereof

 

 

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1occurred, or in which the person complained of has his or her
2principal place of business or resides, to prevent the
3violation. The court has jurisdiction to enforce obedience by
4injunction or by other process restricting the person
5complained of from further violation and enjoining upon him or
6her obedience.
7    (c) Whoever knowingly practices or offers to practice home
8inspection in this State without a license for that purpose
9shall be guilty of a Class A misdemeanor for the first offense
10and shall be guilty of a Class 4 felony for the second and any
11subsequent offense.
12    (d) Whenever, in the opinion of the Department, a person
13violates any provision of this Act, the Department may issue a
14rule to show cause why an order to cease and desist should not
15be entered against that person. The rule shall clearly set
16forth the grounds relied upon by the Department and shall
17provide a period of 7 days from the date of the rule to file an
18answer to the satisfaction of the Department. Failure to answer
19to the satisfaction of the Department shall cause an order to
20cease and desist to be issued.
21OBRE may issue, cease and desist orders to persons who engage
22in activities prohibited by this Act. Any person in violation
23of a cease and desist order issued by OBRE is subject to all of
24the penalties provided by law.
25(Source: P.A. 92-239, eff. 8-3-01.)
 

 

 

SB1806- 37 -LRB097 07033 CEL 47126 b

1    (225 ILCS 441/15-65 new)
2    Sec. 15-65. Restoration of license from discipline. At any
3time after the successful completion of a term of indefinite
4probation, suspension, or revocation of a license, the
5Department may restore the license to the licensee, unless
6after an investigation and a hearing the Secretary determines
7that restoration is not in the public interest. No person or
8entity whose license, certificate, or authority has been
9revoked as authorized in this Act may apply for restoration of
10that license, certification, or authority until such time as
11provided for in the Civil Administrative Code of Illinois.
 
12    (225 ILCS 441/15-70 new)
13    Sec. 15-70. Confidentiality. All information collected by
14the Department in the course of an examination or investigation
15of a licensee or applicant, including, but not limited to, any
16complaint against a licensee filed with the Department and
17information collected to investigate any such complaint, shall
18be maintained for the confidential use of the Department and
19shall not be disclosed. The Department may not disclose the
20information to anyone other than law enforcement officials,
21other regulatory agencies that have an appropriate regulatory
22interest as determined by the Secretary, or to a party
23presenting a lawful subpoena to the Department. Information and
24documents disclosed to a federal, State, county, or local law
25enforcement agency shall not be disclosed by the agency for any

 

 

SB1806- 38 -LRB097 07033 CEL 47126 b

1purpose to any other agency or person. A formal complaint filed
2against a licensee by the Department or any order issued by the
3Department against a licensee or applicant shall be a public
4record, except as otherwise prohibited by law.
 
5    (225 ILCS 441/20-5)
6    (Section scheduled to be repealed on January 1, 2012)
7    Sec. 20-5. Education provider.
8    (a) Only Beginning January 1, 2002, only education
9providers licensed by the Department OBRE may provide the
10pre-license and continuing education courses required for
11licensure under this Act.
12    (b) A person or entity seeking to be licensed as an
13education provider under this Act shall provide satisfactory
14evidence of the following:
15        (1) a sound financial base for establishing,
16    promoting, and delivering the necessary courses;
17        (2) a sufficient number of qualified instructors;
18        (3) adequate support personnel to assist with
19    administrative matters and technical assistance;
20        (4) a written policy dealing with procedures for
21    management of grievances and fee refunds;
22        (5) a qualified school administrator, who is
23    responsible for the administration of the school, courses,
24    and the actions of the instructors; and
25        (6) any other requirements provided by rule.

 

 

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1    (c) All applicants for an education provider's license
2shall make initial application to the Department OBRE on forms
3provided by the Department OBRE and pay the appropriate fee as
4provided by rule. The term, expiration date, and renewal of an
5education provider's license shall be established by rule.
6    (d) An education provider shall provide each successful
7course participant with a certificate of completion signed by
8the school administrator. The format and content of the
9certificate shall be specified by rule.
10    (e) All education providers shall provide to the Department
11OBRE a monthly roster of all successful course participants as
12provided by rule.
13(Source: P.A. 92-239, eff. 8-3-01.)
 
14    (225 ILCS 441/20-10)
15    (Section scheduled to be repealed on January 1, 2012)
16    Sec. 20-10. Course approval.
17    (a) Only courses that are approved by the Department OBRE
18and offered by licensed education providers shall be used to
19meet the requirements of this Act and rules.
20    (b) An education provider licensed under this Act may
21submit courses to the Department OBRE for approval. The
22criteria, requirements, and fees for courses shall be
23established by rule.
24    (c) For each course approved, the Department OBRE shall
25issue a certificate of course approval to the education

 

 

SB1806- 40 -LRB097 07033 CEL 47126 b

1provider. The term, expiration date, and renewal of a course
2approval shall be established by rule.
3(Source: P.A. 92-239, eff. 8-3-01.)
 
4    (225 ILCS 441/25-5)
5    (Section scheduled to be repealed on January 1, 2012)
6    Sec. 25-5. Home Inspector Administration Fund; surcharge.
7    (a) The Home Inspector Administration Fund is created as a
8special fund in the State Treasury. All fees, fines, and
9penalties received by the Department OBRE under this Act shall
10be deposited into the Home Inspector Administration Fund. All
11earnings attributable to investment of funds in the Home
12Inspector Administration Fund shall be credited to the Home
13Inspector Administration Fund. Subject to appropriation, the
14moneys in the Home Inspector Administration Fund shall be
15appropriated to the Department OBRE for the expenses incurred
16by the Department OBRE and the Board in the administration of
17this Act.
18    (b) (Blank). The State Comptroller and State Treasurer
19shall transfer $150,000 from the Real Estate License
20Administration Fund to the Home Inspector Administration Fund
21on July 1, 2002.
22    The State Treasurer shall transfer $50,000 from the Home
23Inspector Administration Fund to the Real Estate License
24Administration Fund on July 1, 2003, July 1, 2004, and July 1,
252005; except that if there is a sufficient fund balance in the

 

 

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1Home Inspector Administration Fund, the Commissioner may
2recommend the acceleration of any of these repayment transfers
3to the State Comptroller and State Treasurer, who may, in their
4discretion, accelerate the transfers in accordance with the
5Commissioner's recommendation.
6    (c) (Blank). Until a total of $150,000 has been transferred
7to the Real Estate License Administration Fund from the Home
8Inspector Administration Fund under subsection (b), each
9initial applicant for a license under this Act shall pay to
10OBRE a surcharge of $150 in addition to the license fees
11otherwise required under this Act.
12    (c-5) Moneys in the Home Inspection Administration Fund may
13be transferred to the Professions Indirect Cost Fund, as
14authorized under Section 2105-300 of the Department of
15Professional Regulation Law of the Civil Administrative Code of
16Illinois.
17    (d) Upon the completion of any audit of the Department
18OBRE, as prescribed by the Illinois State Auditing Act, that
19includes an audit of the Home Inspector Administration Fund,
20the Department OBRE shall make the audit report open to
21inspection by any interested person.
22(Source: P.A. 94-91, eff. 7-1-05.)
 
23    (225 ILCS 441/25-15)
24    (Section scheduled to be repealed on January 1, 2012)
25    Sec. 25-15. Liaison; duties. The Secretary Commissioner

 

 

SB1806- 42 -LRB097 07033 CEL 47126 b

1shall appoint an employee of the Department OBRE to:
2        (1) (blank) serve as a liaison to and as Chairperson of
3    the Home Inspector Advisory Board, without vote;
4        (2) be the direct liaison between the Department, peer
5    review advisors OBRE, the profession, home inspectors, and
6    related industry organizations and associations; and
7        (3) prepare and circulate to licensees such
8    educational and informational material as the Department
9    OBRE deems necessary for providing guidance or assistance
10    to licensees.
11(Source: P.A. 92-239, eff. 8-3-01.)
 
12    (225 ILCS 441/25-17 new)
13    Sec. 25-17. Peer review advisors. The Department may
14contract with licensees meeting qualifications established by
15the Department, on a full or part-time basis, to serve as peer
16review advisors for complaints and alleged violations of the
17Act. A peer review advisor is authorized to investigate and
18determine the facts of a complaint. The peer review advisor
19may, at the direction of the Department, revise the licensing
20examination, review the training and qualifications of
21applicants, and interview witnesses, the complainant and any
22licensees involved in the alleged matter.
 
23    (225 ILCS 441/25-20)
24    (Section scheduled to be repealed on January 1, 2012)

 

 

SB1806- 43 -LRB097 07033 CEL 47126 b

1    Sec. 25-20. Powers OBRE; powers and duties of the
2Department. The Department Office of Banks and Real Estate
3shall exercise the powers and duties prescribed by the Civil
4Administrative Code of Illinois for the administration of
5licensing acts and shall exercise such other powers and duties
6as are prescribed by this Act for the administration of this
7Act. OBRE may contract with third parties for services
8necessary for the proper administration of this Act, including,
9without limitation, investigators with the proper knowledge,
10training, and skills to properly investigate complaints
11against home inspectors.
12(Source: P.A. 92-239, eff. 8-3-01.)
 
13    (225 ILCS 441/25-25)
14    (Section scheduled to be repealed on January 1, 2012)
15    Sec. 25-25. Rules. The Department OBRE, after considering
16any recommendations of the Board, shall adopt any rules to
17implement, interpret, or make specific the provisions and
18purposes of this Act that may be necessary for the
19administration, implementation, and enforcement of this Act.
20(Source: P.A. 92-239, eff. 8-3-01.)
 
21    (225 ILCS 441/25-27 new)
22    Sec. 25-27. Subpoenas; depositions; oaths.
23    (a) The Department may subpoena and bring before it any
24person to take oral or written testimony or compel the

 

 

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1production of any books, papers, records, or any other
2documents the Secretary or his or her designee deems relevant
3or material to any investigation or hearing conducted by the
4Department with the same fees and in the same manner as
5prescribed in civil cases in the courts of this State.
6    (b) Any circuit court, upon the application of the licensee
7or the Department, may order the attendance and testimony of
8witnesses and the production of relevant documents, files,
9records, books, and papers in connection with any hearing or
10investigation. The circuit court may compel obedience to its
11order by proceedings for contempt.
12    (c) The Secretary, the hearing officer, any member of the
13Board, or a certified shorthand court reporter may administer
14oaths at any hearing the Department conducts. Notwithstanding
15any other statute or Department rule to the contrary, all
16requests for testimony, production of documents, or records
17shall be in accordance with this Act.
 
18    (225 ILCS 441/5-15 rep.)
19    (225 ILCS 441/15-40 rep.)
20    (225 ILCS 441/15-45 rep.)
21    (225 ILCS 441/15-50 rep.)
22    (225 ILCS 441/25-10 rep.)
23    Section 15. The Home Inspector License Act is amended by
24repealing Sections 5-15, 15-40, 15-45, 15-50, and 25-10.
 
25    Section 99. Effective date. This Act takes effect upon

 

 

SB1806- 45 -LRB097 07033 CEL 47126 b

1becoming law.

 

 

SB1806- 46 -LRB097 07033 CEL 47126 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.22
4    5 ILCS 80/4.32 new
5    225 ILCS 441/1-10
6    225 ILCS 441/5-5
7    225 ILCS 441/5-10
8    225 ILCS 441/5-12
9    225 ILCS 441/5-14 new
10    225 ILCS 441/5-16
11    225 ILCS 441/5-17
12    225 ILCS 441/5-20
13    225 ILCS 441/5-45
14    225 ILCS 441/10-5
15    225 ILCS 441/10-10
16    225 ILCS 441/15-5
17    225 ILCS 441/15-10
18    225 ILCS 441/15-15
19    225 ILCS 441/15-20
20    225 ILCS 441/15-25
21    225 ILCS 441/15-35
22    225 ILCS 441/15-55
23    225 ILCS 441/15-60
24    225 ILCS 441/15-65 new
25    225 ILCS 441/15-70 new

 

 

SB1806- 47 -LRB097 07033 CEL 47126 b

1    225 ILCS 441/20-5
2    225 ILCS 441/20-10
3    225 ILCS 441/25-5
4    225 ILCS 441/25-15
5    225 ILCS 441/25-17 new
6    225 ILCS 441/25-20
7    225 ILCS 441/25-25
8    225 ILCS 441/25-27 new
9    225 ILCS 441/5-15 rep.
10    225 ILCS 441/15-40 rep.
11    225 ILCS 441/15-45 rep.
12    225 ILCS 441/15-50 rep.
13    225 ILCS 441/25-10 rep.