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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.


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225 ILCS 454/Art. 30

 
    (225 ILCS 454/Art. 30 heading)
ARTICLE 30. EDUCATION PROVIDERS AND COURSES
(Source: P.A. 100-188, eff. 1-1-18.)

225 ILCS 454/30-5

    (225 ILCS 454/30-5)
    (Section scheduled to be repealed on January 1, 2030)
    Sec. 30-5. Licensing of real estate education providers and instructors.
    (a) No person shall operate an education provider entity without possessing a valid and active license issued by the Department. Only education providers in possession of a valid education provider license may provide real estate pre-license, post-license, or continuing education courses that satisfy the requirements of this Act. Every person that desires to obtain an education provider license shall make application to the Department in a manner prescribed by the Department and pay the fee prescribed 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 Social Security number or tax identification number.
    (b) (Blank).
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) To qualify for an education provider license, an applicant must demonstrate the following:
        (1) a sound financial base for establishing,
    
promoting, and delivering the necessary courses; budget planning for the school's courses should be clearly projected;
        (2) a sufficient number of qualified, licensed
    
instructors as provided by rule;
        (3) adequate support personnel to assist with
    
administrative matters and technical assistance;
        (4) maintenance and availability of records of
    
participation for licensees;
        (5) the ability to provide each participant who
    
successfully completes an approved program with a certificate of completion signed by the administrator of a licensed education provider in a manner prescribed by the Department; the certificate of completion shall include the program that was completed, the completion date, the course number, and the student's and education provider's license numbers;
        (6) a written policy dealing with procedures for the
    
management of grievances and fee refunds;
        (7) lesson plans and examinations, if applicable, for
    
each course;
        (8) a 75% passing grade for successful completion of
    
any continuing education course or pre-license or post-license examination, if required;
        (9) the ability to identify and use instructors who
    
will teach in a planned program; instructor selections must demonstrate:
            (A) appropriate credentials;
            (B) competence as a teacher;
            (C) knowledge of content area; and
            (D) qualification by experience.
    Unless otherwise provided for in this Section, the education provider shall provide a proctor or an electronic means of proctoring for each examination; the education provider shall be responsible for the conduct of the proctor; the duties and responsibilities of a proctor shall be established by rule.
    Unless otherwise provided for in this Section, the education provider must provide for closed book examinations for each course unless the Department, upon the recommendation of the Board, excuses this requirement based on the complexity of the course material.
    (g) Advertising and promotion of education activities must be carried out in a responsible fashion clearly showing the educational objectives of the activity, the nature of the audience that may benefit from the activity, the cost of the activity to the participant and the items covered by the cost, the amount of credit that can be earned, and the credentials of the faculty.
    (h) The Department may, or upon request of the Board shall, after notice, cause an education provider to attend an informal conference before the Board for failure to comply with any requirement for licensure or for failure to comply with any provision of this Act or the rules for the administration of this Act. The Board shall make a recommendation to the Department as a result of its findings at the conclusion of any such informal conference.
    (i) All education providers shall maintain these minimum criteria and pay the required fee in order to retain their education provider license.
    (j) The Department may adopt any administrative rule consistent with the language and intent of this Act that may be necessary for the implementation and enforcement of this Section.
(Source: P.A. 100-188, eff. 1-1-18; 100-831, eff. 1-1-19; 101-357, eff. 8-9-19.)

225 ILCS 454/30-10

    (225 ILCS 454/30-10)
    Sec. 30-10. (Repealed).
(Source: P.A. 96-856, eff. 12-31-09. Repealed by P.A. 100-188, eff. 1-1-18.)

225 ILCS 454/30-15

    (225 ILCS 454/30-15)
    (Section scheduled to be repealed on January 1, 2030)
    Sec. 30-15. Licensing of education providers; approval of courses.
    (a) (Blank).
    (b) (Blank).
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) All education providers shall submit, at the time of initial application and with each license renewal, a list of courses with course materials that comply with the course requirements in this Act to be offered by the education provider. The Department may establish an online mechanism by which education providers may submit for approval by the Department upon the recommendation of the Board or its designee pre-license, post-license, or continuing education courses that are submitted after the time of the education provider's initial license application or renewal. The Department shall provide to each education provider a certificate for each approved pre-license, post-license, or continuing education course. All pre-license, post-license, or continuing education courses shall be valid for the period coinciding with the term of license of the education provider. However, in no case shall a course continue to be valid if it does not, at all times, meet all of the requirements of the core curriculum established by this Act and the Board, as modified from time to time in accordance with this Act. All education providers shall provide a copy of the certificate of the pre-license, post-license, or continuing education course within the course materials given to each student or shall display a copy of the certificate of the pre-license, post-license, or continuing education course in a conspicuous place at the location of the class.
    (g) Each education provider shall provide to the Department a report in a frequency and format determined by the Department, with information concerning students who successfully completed all approved pre-license, post-license, or continuing education courses offered by the education provider.
    (h) The Department, upon the recommendation of the Board, may temporarily suspend a licensed education provider's approved courses without hearing and refuse to accept successful completion of or participation in any of these pre-license, post-license, or continuing education courses for education credit from that education provider upon the failure of that education provider to comply with the provisions of this Act or the rules for the administration of this Act, until such time as the Department receives satisfactory assurance of compliance. The Department shall notify the education provider of the noncompliance and may initiate disciplinary proceedings pursuant to this Act. The Department may refuse to issue, suspend, revoke, or otherwise discipline the license of an education provider or may withdraw approval of a pre-license, post-license, or continuing education course for good cause. Failure to comply with the requirements of this Section or any other requirements established by rule shall be deemed to be good cause. Disciplinary proceedings shall be conducted by the Board in the same manner as other disciplinary proceedings under this Act.
    (i) Pre-license, post-license, and continuing education courses, whether submitted for approval at the time of an education provider's initial application for licensure or otherwise, must meet the following minimum course requirements:
        (1) No continuing education course shall be required
    
to be taught in increments longer than 2 hours in duration; however, for each one hour of course time in each course, there shall be a minimum of 50 minutes of instruction.
        (2) All core curriculum courses shall be provided
    
only in the classroom or through a live, interactive webinar or online distance education format.
        (3) Courses provided through a live, interactive
    
webinar shall require all participants to demonstrate their attendance in and attention to the course by answering or responding to at least one polling question per 50 minutes of course instruction.
        (4) All participants in courses provided in an online
    
distance education format shall demonstrate proficiency with the subject matter of the course through verifiable responses to questions included in the course content.
        (5) Credit for courses completed in a classroom or
    
through a live, interactive webinar or online distance education format shall not require an examination.
        (6) Credit for courses provided through
    
correspondence, or by home study, shall require the passage of an in-person, proctored examination.
    (j) The Department is authorized to engage a third party as the Board's designee to perform the functions specifically provided for in subsection (f) of this Section, namely that of administering the online system for receipt, review, and approval or denial of new courses.
    (k) The Department may adopt any administrative rule consistent with the language and intent of this Act that may be necessary for the implementation and enforcement of this Section.
(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)

225 ILCS 454/30-20

    (225 ILCS 454/30-20)
    (Section scheduled to be repealed on January 1, 2030)
    Sec. 30-20. Fees for education provider license; renewal; term. All applications for an education provider license shall be accompanied by a nonrefundable application fee in an amount established by rule. All education providers shall be required to submit a renewal application, the required fee as established by rule, and a listing of the courses to be offered during the year in order to renew their education provider licenses. The term for an education provider license shall be 2 years. The fees collected under this Article 30 shall be deposited in the Real Estate License Administration Fund and shall be used to defray the cost of administration of the program and per diem of the Board as determined by the Secretary.
(Source: P.A. 100-188, eff. 1-1-18.)

225 ILCS 454/30-25

    (225 ILCS 454/30-25)
    (Section scheduled to be repealed on January 1, 2030)
    Sec. 30-25. Licensing of education provider instructors.
    (a) No person shall act as either a pre-license or continuing education instructor without possessing a valid pre-license or continuing education instructor license and satisfying any other qualification criteria adopted by the Department by rule.
    (a-5) Each person with a valid pre-license instructor license may teach pre-license, continuing education core curriculum, continuing education elective curriculum, or broker management education courses if they meet specific criteria adopted by the Department by rule. Those persons who have not met the criteria or who only possess a valid continuing education instructor license shall only teach continuing education elective curriculum courses. Any person with a valid continuing education instructor license who wishes to teach continuing education core curriculum or broker management continuing education courses must obtain a valid pre-license instructor license.
    (b) Every person who desires to obtain an education provider instructor's license shall attend and successfully complete a one-day instructor development workshop, as approved by the Department. However, pre-license instructors who have complied with subsection (b) of this Section 30-25 shall not be required to complete the instructor workshop in order to teach continuing education elective curriculum courses.
    (b-5) The term of licensure for a pre-license or continuing education instructor shall be 2 years, with renewal dates adopted by rule. Every person who desires to obtain a pre-license or continuing education instructor license shall make application to the Department in a manner prescribed by the Department, accompanied by the fee adopted by rule. In addition to any other information required to be contained in the application, every application for an original license shall include the applicant's Social Security number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license.
    Every application for a renewal or restored license shall require the applicant's customer identification number.
    The Department shall issue a pre-license or continuing education instructor license to applicants who meet qualification criteria established by this Act or rule.
    (c) The Department may refuse to issue, suspend, revoke, or otherwise discipline a pre-license or continuing education instructor for good cause. Disciplinary proceedings shall be conducted by the Board in the same manner as other disciplinary proceedings under this Act. All pre-license instructors must teach at least one pre-license or continuing education core curriculum course within the period of licensure as a requirement for renewal of the instructor's license. All continuing education instructors must teach at least one course within the period of licensure or take an instructor training program approved by the Department in lieu thereof as a requirement for renewal of the instructor's license.
    (d) Each course transcript submitted by an education provider to the Department shall include the name and license number of the pre-license or continuing education instructor for the course.
    (e) Licensed education provider instructors may teach for more than one licensed education provider.
    (f) The Department may adopt any administrative rule consistent with the language and intent of this Act that may be necessary for the implementation and enforcement of this Section.
(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)

225 ILCS 454/30-30

    (225 ILCS 454/30-30)
    Sec. 30-30. (Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)