(225 ILCS 407/25-110) (Section scheduled to be repealed on January 1, 2030) Sec. 25-110. Licensing of auction schools. (a) Only an auction school licensed by the Department may provide the continuing education courses required for licensure under this Act. (b) An auction school may also provide the course required to obtain the real estate auction certification in Section 5-32 of the Real Estate License Act of 2000. The course shall be approved by the Real Estate Administration and Disciplinary Board pursuant to Section 25-10 of the Real Estate License Act of 2000. (c) A person or entity seeking to be licensed as an auction school under this Act shall provide satisfactory evidence of the following: (1) a sound financial base for establishing, | ||
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(2) a sufficient number of qualified instructors; (3) adequate support personnel to assist with | ||
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(4) a qualified school administrator, who is | ||
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(5) proof of good standing with the Secretary of | ||
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(6) any other requirements provided by rule. (d) All applicants for an auction schools license shall make initial application to the Department in a manner prescribed by the Department and pay the appropriate fee as provided by rule. In addition to any other information required to be contained in the application as prescribed by rule, every application for an original or renewed license shall include the applicant's Taxpayer Identification Number. The term, expiration date, and renewal of an auction schools license shall be established by rule. (e) An auction school shall provide each successful course participant with a certificate of completion signed by the school administrator. The format and content of the certificate shall be specified by rule. (f) All auction schools shall provide to the Department a roster of all successful course participants as provided by rule. (Source: P.A. 103-236, eff. 1-1-24 .) |
(225 ILCS 407/25-115) (Section scheduled to be repealed on January 1, 2030) Sec. 25-115. Course approval. (a) Only courses that are approved by the Department and offered by licensed auction schools shall be used to meet the requirements of this Act and rules. (b) An auction school licensed under this Act may submit courses to the Department for approval. The criteria, requirements, and fees for courses shall be established by rule. (c) For each course approved, the Department shall issue certification of course approval to the auction school. The term, expiration date, and renewal of a course approval shall be established by rule. (Source: P.A. 103-236, eff. 1-1-24 .) |
(225 ILCS 407/Art. 30 heading) ARTICLE 30.
ADMINISTRATIVE PROVISIONS
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(225 ILCS 407/30-5)
Sec. 30-5. (Repealed).
(Source: P.A. 95-572, Section 5, eff. 6-1-08. Repealed by P.A. 95-572, Section 10, eff. 6-1-08 .)
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(225 ILCS 407/30-7) (Section scheduled to be repealed on January 1, 2030)
Sec. 30-7. Department; powers and duties. The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensing acts and shall exercise such other powers and duties as are prescribed by this Act. The Department may contract with third parties for services necessary for the proper administration of this Act.
(Source: P.A. 96-730, eff. 8-25-09 .) |
(225 ILCS 407/30-10)
(Section scheduled to be repealed on January 1, 2030)
Sec. 30-10. Rules. The Department, after notifying and considering the
recommendations of the
Advisory Board, if any, shall adopt any rules that may be necessary for the
administration,
implementation and enforcement of this Act.
(Source: P.A. 95-572, eff. 6-1-08 .)
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(225 ILCS 407/30-13) (Section scheduled to be repealed on January 1, 2030)
Sec. 30-13. The Division of Real Estate General Fund. Prior to July 1, 2023, all of the fees, fines, and penalties collected under this Act shall be deposited into the General Professions Dedicated Fund. Prior to July 1, 2023, the monies deposited into the General Professions Dedicated Fund shall be used by the Department, as appropriated, for the ordinary and contingent expenses of the Department. Monies in the General Professions Dedicated Fund may be invested and reinvested, with all earnings received from investments to be deposited into that Fund and used for the same purposes as fees deposited in that Fund.
Beginning on July 1, 2023, all of the fees, fines, and penalties collected under this Act shall be deposited into the Division of Real Estate General Fund. The monies deposited into the Division of Real Estate General Fund shall be used by the Department, as appropriated, for the ordinary and contingent expenses of the Department. Monies in the Division of Real Estate General Fund may be invested and reinvested, with all earnings received from investments to be deposited into that Fund and used for the same purposes as fees deposited in that Fund. (Source: P.A. 102-970, eff. 5-27-22.) |
(225 ILCS 407/30-15)
Sec. 30-15. (Repealed).
(Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 96-730, eff. 8-25-09.)
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(225 ILCS 407/30-20)
Sec. 30-20. (Repealed).
(Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 96-730, eff. 8-25-09.)
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(225 ILCS 407/30-25)
Sec. 30-25. (Repealed).
(Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 96-730, eff. 8-25-09.)
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(225 ILCS 407/30-30)
(Section scheduled to be repealed on January 1, 2030)
Sec. 30-30. Auction Advisory Board.
(a) There is hereby created the Auction Advisory Board. The Advisory Board
shall consist
of 7 members and shall be appointed by the Secretary. In making the
appointments, the Secretary shall give due consideration to the recommendations by members and
organizations
of the industry, including, but not limited to, the Illinois State Auctioneers
Association. Five
members of the Advisory Board shall be licensed auctioneers. One member
shall be a public
member who represents the interests of consumers and who is not licensed under
this Act or the
spouse of a person licensed under this Act or who has any responsibility for
management or
formation of policy of or any financial interest in the auctioneering
profession. One member shall be actively engaged in the
real estate industry
and licensed as a broker or managing broker. The Advisory Board shall annually elect, at its first meeting of the fiscal year, one of its members to serve as Chairperson.
(b) The members' terms shall be for 4 years and until a successor is appointed. No member shall be reappointed to the Board for a term that would cause the member's cumulative service to the Board to exceed 12 years. Appointments to fill vacancies shall be made by the Secretary for the unexpired portion of the term. To the extent practicable, the Secretary
shall
appoint members to ensure that the various geographic regions of the State are
properly represented
on the Advisory Board. The Secretary shall remove from the Board any member whose license has been revoked or suspended and may remove any member of the Board for neglect of duty, misconduct, incompetence, or for missing 2 board meetings during any one fiscal year.
(c) Four Board members shall
constitute a
quorum. A quorum is required for all Board decisions. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of the Board.
(d) Each member of the Advisory Board may receive a per diem stipend in an
amount to be
determined by the Secretary. While engaged in the performance of duties, each member shall be reimbursed for necessary
expenses.
(e) Members of the Advisory Board shall be immune from suit in an action
based
upon any
disciplinary proceedings or other acts performed in good faith as members of
the Advisory Board.
(f) The Advisory Board shall meet as convened by the Department.
(g) The Advisory Board shall advise the Department on matters of licensing and
education and
make recommendations to the Department on those matters and shall hear and make
recommendations
to the Secretary on disciplinary matters that require a formal evidentiary
hearing.
(h) The Secretary shall give due consideration to all recommendations of
the
Advisory
Board.
(Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24 .)
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(225 ILCS 407/30-35)
Sec. 30-35. (Repealed).
(Source: P.A. 91-603, eff. 1-1-00. Repealed by P.A. 96-730, eff. 8-25-09.)
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(225 ILCS 407/30-40)
Sec. 30-40. (Repealed).
(Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 96-730, eff. 8-25-09.)
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(225 ILCS 407/30-45)
Sec. 30-45. (Repealed).
(Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 96-730, eff. 8-25-09.)
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(225 ILCS 407/30-50)
(Section scheduled to be repealed on January 1, 2030)
Sec. 30-50. Contractual agreements. The Department
may enter into contractual
agreements
with third parties to carry out the provisions of this Act.
(Source: P.A. 95-572, eff. 6-1-08 .)
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(225 ILCS 407/30-55)
(Section scheduled to be repealed on January 1, 2030)
Sec. 30-55. Reciprocal agreements. The Department
shall have the authority to
enter into
reciprocal licensing agreements with the proper authority of a state,
territory, or possession of the
United States or the District of Columbia having licensing requirements equal
to or substantially
equivalent to the requirements of this State.
(Source: P.A. 95-572, eff. 6-1-08 .)
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