(225 ILCS 454/30-5)
(Section scheduled to be repealed on January 1, 2020)
Licensing of real estate education providers and
(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 writing on forms 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.
(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 on forms provided by the Department;
(6) a written policy dealing with procedures for the
management of grievances and fee refunds;
(7) lesson plans and examinations, if applicable, for
(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
(225 ILCS 454/30-15)
(Section scheduled to be repealed on January 1, 2020)
Licensing of education providers; approval of
(f) All education providers shall submit, at the time of initial
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
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
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
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
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
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
education provider or may withdraw approval of a pre-license, post-license, or continuing education course for
Failure to comply with the requirements of this Section or any other
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 2 hours of course time in each course, there shall be a minimum of 100 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 30 minutes of course instruction. In no event shall the interval between polling questions exceed 30 minutes.
(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. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18