HB1020 EngrossedLRB103 04710 AMQ 49719 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 Real Estate Appraiser Licensing Act of 2002
5is amended by changing Section 15-10 and by adding Section
610-25 as follows:
 
7    (225 ILCS 458/10-25 new)
8    Sec. 10-25. Discrimination prohibited. An appraiser shall
9not discriminate when preparing an appraisal of residential or
10commercial real estate. For the purposes of this Section, an
11appraiser discriminates when the appraiser considers the
12actual or perceived race, color, religion, sex, national
13origin, ancestry, age, order of protection status, marital
14status, physical or mental disability, military status, sexual
15orientation, pregnancy, unfavorable discharge from military
16service, familial status, source of income, or arrest record
17of the owner of the real estate or the residents of the
18geographic area in which the real estate is located when
19determining the market value of the real estate. In addition
20to the disciplinary procedures set forth in Section 15-10, an
21aggrieved party may commence a civil action alleging
22discrimination in an appropriate circuit court not later than
232 years after the occurrence that constitutes discrimination

 

 

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1under this Section. Such a civil action shall be subject to the
2same procedures, rights, and remedies as a civil action
3alleging a civil rights violation of Article 3 of the Illinois
4Human Rights Act under Section 10-102 of the Illinois Human
5Rights Act.
6    A civil action may also be initiated by the Attorney
7General whenever the Attorney General has reasonable cause to
8believe that an appraiser is engaged in a pattern and practice
9of discrimination prohibited by this Section. Such a civil
10action shall be subject to the same procedures, rights, and
11remedies as a civil action alleging a civil rights violation
12of Article 3 of the Illinois Human Rights Act under Section
1310-104 of the Illinois Human Rights Act.
14    Prior to initiating a civil action, the Attorney General
15shall conduct a preliminary investigation to determine whether
16there is reasonable cause to believe that any person or group
17of persons is engaged in a pattern and practice of
18discrimination prohibited by this Section and whether the
19dispute can be resolved without litigation. In conducting this
20investigation, the Attorney General may: (i) require the
21individual or entity to file a statement or report in writing,
22under oath or otherwise, as to all information the Attorney
23General may consider necessary; (ii) examine under oath any
24person alleged to have participated in or with knowledge of
25the alleged pattern and practice violation; or (iii) issue
26subpoenas or conduct hearings in aid of any investigation.
 

 

 

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1    (225 ILCS 458/15-10)
2    (Section scheduled to be repealed on January 1, 2027)
3    Sec. 15-10. Grounds for disciplinary action.
4    (a) The Department may suspend, revoke, refuse to issue,
5renew, or restore a license and may reprimand place on
6probation or administrative supervision, or take any
7disciplinary or non-disciplinary action, including imposing
8conditions limiting the scope, nature, or extent of the real
9estate appraisal practice of a licensee or reducing the
10appraisal rank of a licensee, and may impose an administrative
11fine not to exceed $25,000 for each violation upon a licensee
12for any one or combination of the following:
13        (1) Procuring or attempting to procure a license by
14    knowingly making a false statement, submitting false
15    information, engaging in any form of fraud or
16    misrepresentation, or refusing to provide complete
17    information in response to a question in an application
18    for licensure.
19        (2) Failing to meet the minimum qualifications for
20    licensure as an appraiser established by this Act.
21        (3) Paying money, other than for the fees provided for
22    by this Act, or anything of value to a member or employee
23    of the Board or the Department to procure licensure under
24    this Act.
25        (4) Conviction of, or plea of guilty or nolo

 

 

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1    contendere, as enumerated in subsection (e) of Section
2    5-22, under the laws of any jurisdiction of the United
3    States: (i) that is a felony, misdemeanor, or
4    administrative sanction or (ii) that is a crime that
5    subjects the licensee to compliance with the requirements
6    of the Sex Offender Registration Act.
7        (5) Committing an act or omission involving
8    dishonesty, fraud, or misrepresentation with the intent to
9    substantially benefit the licensee or another person or
10    with intent to substantially injure another person as
11    defined by rule.
12        (6) Violating a provision or standard for the
13    development or communication of real estate appraisals as
14    provided in Section 10-10 of this Act or as defined by
15    rule.
16        (7) Failing or refusing without good cause to exercise
17    reasonable diligence in developing, reporting, or
18    communicating an appraisal, as defined by this Act or by
19    rule.
20        (8) Violating a provision of this Act or the rules
21    adopted pursuant to this Act.
22        (9) Having been disciplined by another state, the
23    District of Columbia, a territory, a foreign nation, a
24    governmental agency, or any other entity authorized to
25    impose discipline if at least one of the grounds for that
26    discipline is the same as or the equivalent of one of the

 

 

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1    grounds for which a licensee may be disciplined under this
2    Act.
3        (10) Engaging in dishonorable, unethical, or
4    unprofessional conduct of a character likely to deceive,
5    defraud, or harm the public.
6        (11) Accepting an appraisal assignment when the
7    employment itself is contingent upon the appraiser
8    reporting a predetermined estimate, analysis, or opinion
9    or when the fee to be paid is contingent upon the opinion,
10    conclusion, or valuation reached or upon the consequences
11    resulting from the appraisal assignment.
12        (12) Developing valuation conclusions based on the
13    race, color, religion, sex, national origin, ancestry,
14    age, marital status, family status, physical or mental
15    disability, sexual orientation, pregnancy, order of
16    protection status, military status, or unfavorable
17    military discharge, as defined under the Illinois Human
18    Rights Act, of the prospective or present owners or
19    occupants of the area or property under appraisal.
20        (13) Violating the confidential nature of government
21    records to which the licensee gained access through
22    employment or engagement as an appraiser by a government
23    agency.
24        (14) Being adjudicated liable in a civil proceeding on
25    grounds of fraud, misrepresentation, or deceit. In a
26    disciplinary proceeding based upon a finding of civil

 

 

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1    liability, the appraiser shall be afforded an opportunity
2    to present mitigating and extenuating circumstances, but
3    may not collaterally attack the civil adjudication.
4        (15) Being adjudicated liable in a civil proceeding
5    for violation of a state or federal fair housing law.
6        (16) Engaging in misleading or untruthful advertising
7    or using a trade name or insignia of membership in a real
8    estate appraisal or real estate organization of which the
9    licensee is not a member.
10        (17) Failing to fully cooperate with a Department
11    investigation by knowingly making a false statement,
12    submitting false or misleading information, or refusing to
13    provide complete information in response to written
14    interrogatories or a written request for documentation
15    within 30 days of the request.
16        (18) Failing to include within the certificate of
17    appraisal for all written appraisal reports the
18    appraiser's license number and licensure title. All
19    appraisers providing significant contribution to the
20    development and reporting of an appraisal must be
21    disclosed in the appraisal report. It is a violation of
22    this Act for an appraiser to sign a report, transmittal
23    letter, or appraisal certification knowing that a person
24    providing a significant contribution to the report has not
25    been disclosed in the appraisal report.
26        (19) Violating the terms of a disciplinary order or

 

 

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1    consent to administrative supervision order.
2        (20) Habitual or excessive use or addiction to
3    alcohol, narcotics, stimulants, or any other chemical
4    agent or drug that results in a licensee's inability to
5    practice with reasonable judgment, skill, or safety.
6        (21) A physical or mental illness or disability which
7    results in the inability to practice under this Act with
8    reasonable judgment, skill, or safety.
9        (22) Gross negligence in developing an appraisal or in
10    communicating an appraisal or failing to observe one or
11    more of the Uniform Standards of Professional Appraisal
12    Practice.
13        (23) A pattern of practice or other behavior that
14    demonstrates incapacity or incompetence to practice under
15    this Act.
16        (24) Using or attempting to use the seal, certificate,
17    or license of another as one's own; falsely impersonating
18    any duly licensed appraiser; using or attempting to use an
19    inactive, expired, suspended, or revoked license; or
20    aiding or abetting any of the foregoing.
21        (25) Solicitation of professional services by using
22    false, misleading, or deceptive advertising.
23        (26) Making a material misstatement in furnishing
24    information to the Department.
25        (27) Failure to furnish information to the Department
26    upon written request.

 

 

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1        (28) Engaging in discrimination as provided in Section
2    10-25.
3    (b) The Department may reprimand suspend, revoke, or
4refuse to issue or renew an education provider's license, may
5reprimand, place on probation, or otherwise discipline an
6education provider and may suspend or revoke the course
7approval of any course offered by an education provider and
8may impose an administrative fine not to exceed $25,000 upon
9an education provider, for any of the following:
10        (1) Procuring or attempting to procure licensure by
11    knowingly making a false statement, submitting false
12    information, engaging in any form of fraud or
13    misrepresentation, or refusing to provide complete
14    information in response to a question in an application
15    for licensure.
16        (2) Failing to comply with the covenants certified to
17    on the application for licensure as an education provider.
18        (3) Committing an act or omission involving
19    dishonesty, fraud, or misrepresentation or allowing any
20    such act or omission by any employee or contractor under
21    the control of the provider.
22        (4) Engaging in misleading or untruthful advertising.
23        (5) Failing to retain competent instructors in
24    accordance with rules adopted under this Act.
25        (6) Failing to meet the topic or time requirements for
26    course approval as the provider of a qualifying curriculum

 

 

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1    course or a continuing education course.
2        (7) Failing to administer an approved course using the
3    course materials, syllabus, and examinations submitted as
4    the basis of the course approval.
5        (8) Failing to provide an appropriate classroom
6    environment for presentation of courses, with
7    consideration for student comfort, acoustics, lighting,
8    seating, workspace, and visual aid material.
9        (9) Failing to maintain student records in compliance
10    with the rules adopted under this Act.
11        (10) Failing to provide a certificate, transcript, or
12    other student record to the Department or to a student as
13    may be required by rule.
14        (11) Failing to fully cooperate with an investigation
15    by the Department by knowingly making a false statement,
16    submitting false or misleading information, or refusing to
17    provide complete information in response to written
18    interrogatories or a written request for documentation
19    within 30 days of the request.
20    (c) In appropriate cases, the Department may resolve a
21complaint against a licensee through the issuance of a Consent
22to Administrative Supervision order. A licensee subject to a
23Consent to Administrative Supervision order shall be
24considered by the Department as an active licensee in good
25standing. This order shall not be reported or considered by
26the Department to be a discipline of the licensee. The records

 

 

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1regarding an investigation and a Consent to Administrative
2Supervision order shall be considered confidential and shall
3not be released by the Department except as mandated by law. A
4complainant shall be notified if the complaint has been
5resolved by a Consent to Administrative Supervision order.
6(Source: P.A. 102-20, eff. 1-1-22.)