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|[ Engrossed ]||[ House Amendment 001 ]|
91_HB4284 LRB9109754ACsb 1 AN ACT to amend the Real Estate Appraiser Licensing Act 2 by changing Section 105. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Real Estate Appraiser Licensing Act is 6 amended by changing Section 105 as follows: 7 (225 ILCS 457/105) 8 Sec. 105. Hearing; reinstatement. 9 (a) The hearing on the charges shall be held at a time 10 and place prescribed by the Office of Banks and Real Estate 11 and in accordance with the Illinois Administrative Procedure 12 Act. 13 (b) If on the conclusion of the hearing the Board 14 determines that a real estate appraiser licensed in this 15 State or a real estate appraiser education licensee is guilty 16 of a violation of a provision of this Act, it shall prepare a 17 finding of fact and a recommendation that the appraiser be 18 reprimanded, placed on probation, or otherwise disciplined or 19 that the appraiser's license be suspended or revoked or 20 otherwise disciplined. The Commissioner shall give due 21 consideration to the recommendations of the Board and shall 22 then enter a decision and order in the matter. If the 23 Commissioner takes action contrary to the recommendation of 24 the Board, the Commissioner shall file with the Board in 25 writing the action taken and the specific reasons for his or 26 her actions that are contrary to the Board's recommendation. 27 (c) A final administrative decision of the Commissioner 28 is subject to judicial review pursuant to the provisions of 29 the Administrative Review Law. 30 (d) An appraisal license that has been revoked as a 31 result of disciplinary action shall not be reinstated for a -2- LRB9109754ACsb 1 period of 2 years from the date of revocation and only then 2 after the Board has reviewed the application for 3 reinstatement and recommended that the revoked license be 4 reinstated by the Office of Banks and Real Estate. In its 5 recommendation the Board must cite the basis of the 6 recommendation including its consideration of the applicant's 7 recent continuing education attendance. 8 (e) Notwithstanding the provisions of this Act 9 concerning the conduct of hearings and recommendations for 10 disciplinary actions, the Office of Banks and Real Estate has 11 the authority to negotiate agreements with appraisers and 12 appraiser education licensees or applicants for licensure 13 which agreements shall be recorded as disciplinary Consent 14 Orders, or in lieu of publishable discipline, Consent to 15 Administrative Supervision Orders, as described in 16 subsections (b), (c), and (d) of Section 90. 17 (f) At any time after the revocation of a license, the 18 Commissioner may restore it to the accused person or course 19 provider, upon the written recommendation of the Board. 20 (Source: P.A. 90-571, eff. 7-1-98.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.
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