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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1427
Introduced 2/21/2007, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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Amends the Real Estate Appraiser Licensing Act of 2002. Makes changes throughout the Act that mark the transfer of authority to administer and enforce the Act to the Department of Financial and Professional Regulation (rather than the Office of Banks and Real Estate). Replaces "associate real estate appraiser" with "associate real estate trainee appraiser" throughout the Act. Changes the Real Estate Appraisal Board to the Real Estate Appraisal Administration and Disciplinary Board. Provides that a person who violates certain licensure provisions for a second or any subsequent time is guilty of a Class 4 felony. Sets forth additional education requirements for licensure under the Act. Removes a provision allowing a person who holds a valid license as a licensed real estate appraiser, issued pursuant to a predecessor Act, to convert that license to an associate real estate appraiser license. Removes a provision concerning licensed real estate appraiser's licenses issued pursuant to a predecessor Act and provides that an associate real estate trainee appraiser license may not be renewed more than 2 times. Adds a provision concerning temporary license suspension. Provides that an education provider may use an instructor who is a faculty member in good standing with an accredited college or university or community college or who is an approved appraisal instructor from an appraisal organization that is a member of the Appraisal Foundation. Makes other changes. Amends the Illinois Savings and Loan Act of 1985, the Savings Bank Act, and the Real Estate License Act of 2000 to make related changes. Effective January 1, 2008.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB1427 |
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LRB095 10026 RAS 30240 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Savings and Loan Act of 1985 is |
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| amended by changing Section 5-13 as follows:
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| (205 ILCS 105/5-13) (from Ch. 17, par. 3305-13)
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| Sec. 5-13. Appraisals.
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| (a) Every appraisal or reappraisal of
property which an |
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| association is required to make shall be made as
follows:
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| (1) By an independent qualified appraiser designated |
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| by the
board of directors;
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| (2) By the association's appraisal committee appointed |
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| by the
board of directors; or
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| (3) In the case of an insured or guaranteed loan, by |
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| any
appraiser appointed by any lending, insuring or |
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| guaranteeing agency of
the United States or the State of |
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| Illinois which insures or guarantees
such loan, wholly or |
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| in part.
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| (a-5) Any association that employs the services of a person |
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| who is not licensed as an appraiser under the Real Estate |
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| Appraiser Licensing Act of 2002 to provide an opinion of value |
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| in a transaction that is exempt from the requirements of Title |
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| XI of the federal Financial Institutions Reform, Recovery, and |
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HB1427 |
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LRB095 10026 RAS 30240 b |
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| Enforcement Act of 1989 must disclose to the costumer to whom |
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| the opinion of value is provided, in writing, that the opinion |
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| of value was not performed by a person licensed as an appraiser |
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| under the Real Estate Appraiser Licensing Act of 2002.
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| (b) Each appraisal shall be in writing, prepared at the |
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| request of the
lender for the lender's use, disclose the market |
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| value of the
security offered, contain sufficient information |
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| and data concerning
the appraised property to substantiate the |
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| market value thereof, be certified
and signed by the appraiser |
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| or appraisers and state that he or they have
personally |
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| examined the described property; which appraisal shall be filed
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| and preserved by the association.
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| (c) If appraisals of real estate securing an association's |
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| loans are
obtained as part of an examination by the |
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| Commissioner, the cost of such
appraisals shall promptly be |
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| paid by the association directly to the
appraiser or |
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| appraisers.
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| (Source: P.A. 86-137.)
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| Section 10. The Savings Bank Act is amended by changing |
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| Section 6001 as follows:
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| (205 ILCS 205/6001) (from Ch. 17, par. 7306-1)
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| Sec. 6001. General provisions.
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| (a) No savings bank shall make any loan or investment
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| authorized by this Article unless the savings bank first has
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HB1427 |
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LRB095 10026 RAS 30240 b |
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| determined that the type, amount, purpose, and repayment |
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| provisions
of the loan or investment in relation to the |
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| borrower's or issuer's
resources and credit standing support |
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| the reasonable belief that
the loan or investment will be |
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| financially sound and will be repaid
according to its terms and |
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| that the loan or investment is not
otherwise unlawful.
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| (b) Each loan or investment that a savings bank makes or
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| purchases, whether wholly or in part, must be adequately
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| underwritten, reviewed periodically, and reserved against as
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| necessary in accordance with its payment performance, all in
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| accordance with the regulations and directives of the |
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| Commissioner.
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| (c) Every appraisal or reappraisal of property that a
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| savings bank is required to make shall be made as follows:
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| (1) By an independent qualified appraiser, designated |
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| by
the board of directors, who is properly licensed or |
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| certified by
the
entity authorized to govern his licensure |
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| or certification and who
meets
the requirements of the |
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| Appraisal Subcommittee and of the Federal Act.
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| (2) In the case of an insured or guaranteed loan, by
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| any appraiser appointed by any lending, insuring, or |
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| guaranteeing
agency of the United States or the State of |
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| Illinois that insures
or guarantees the loan, wholly or in |
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| part.
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| (3) Each appraisal shall be in writing prepared at the
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| request of the lender for the lender's use; disclose the |
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LRB095 10026 RAS 30240 b |
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| market
value of the security offered; contain sufficient |
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| information and
data concerning the appraised property to |
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| substantiate the market
value thereof; be certified and |
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| signed by the appraiser or
appraisers; and state that the |
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| appraiser or appraisers have
personally examined the |
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| described property. The appraisal shall
be filed and |
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| preserved by the savings bank.
In addition, the appraisal |
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| shall be prepared and reported in accordance
with the |
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| Standards of Professional Practice and the ethical rules of |
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| the
Appraisal Foundation as adopted and promulgated by the |
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| Appraisal Subcommittee.
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| (c-5) Any savings bank that employs the services of a |
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| person who is not licensed as an appraiser under the Real |
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| Estate Appraiser Licensing Act of 2002 to provide an opinion of |
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| value in a transaction that is exempt from the Federal Act must |
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| disclose to the costumer to whom the opinion of value is |
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| provided, in writing, that the opinion of value was not |
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| performed by a person licensed as an appraiser under the Real |
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| Estate Appraiser Licensing Act of 2002.
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| (d) If appraisals of real estate securing a savings bank's
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| loans are obtained as part of an examination by the |
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| Commissioner,
the cost of those appraisals shall promptly be |
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| paid by the savings
bank directly to the appraiser or |
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| appraisers.
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| (e) Any violation of this Article shall
constitute an |
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| unsafe or unsound practice. Any person who knowingly
violates |
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| any provision of this Article shall be subject to
enforcement |
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| action or civil money penalties as provided for in this
Act.
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| (f) For purposes of this Article, "underwriting" shall mean |
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| the process
of compiling information to support a determination |
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| as to whether an
investment or extension of credit shall be |
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| made by a savings bank. It
shall include, but not be limited |
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| to, evaluating a borrower's
creditworthiness, determination of |
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| the value of the underlying collateral,
market factors, and the |
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| appropriateness of the investment or loan for the
savings bank. |
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| Underwriting as used herein does not include the agreement to
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| purchase unsold portions of public offerings of stocks or bonds |
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| as commonly
used in corporate securities issuances and sales.
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| (g) For purposes of this Section, the following definitions |
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| shall apply:
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| (1) "Federal Act" means Title XI of the Financial |
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| Institutions Reform,
Recovery and Enforcement Act of 1989 |
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| and regulations adopted pursuant thereto.
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| (2) "Appraisal Subcommittee" means the designee of the |
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| heads of the
Federal Financial Institutions Examination |
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| Council Act of 1978 (12 U.S.C. 3301
et seq.).
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| (3) "Appraisal Foundation" means the Appraisal |
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| Foundation that was
incorporated as an Illinois |
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| not-for-profit corporation on November 30, 1987.
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| (Source: P.A. 90-665, eff. 7-30-98.)
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| Section 15. The Real Estate License Act of 2000 is amended |
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LRB095 10026 RAS 30240 b |
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| by adding Section 10-28 as follows: |
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| (225 ILCS 454/10-28 new)
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| Sec. 10-28. Opinions of value. Any real estate broker or |
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| salesperson licensed under this Act who is not licensed as an |
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| appraiser under the Real Estate Appraiser Licensing Act of 2002 |
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| and who provides an opinion of value for a mortgage purpose |
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| must disclose to the client to whom the opinion of value is |
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| provided, in writing, that the opinion of value was not |
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| performed by a person licensed as an appraiser under the Real |
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| Estate Appraiser Licensing Act of 2002.
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| Section 20. The Real Estate Appraiser Licensing Act of 2002 |
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| is amended by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20, |
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| 5-25, 5-30, 5-35, 5-40, 5-45, 5-55, 10-5, 10-10, 10-15, 10-20, |
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| 15-5, 15-10, 15-15, 15-20, 15-30, 15-35, 15-40, 15-45, 15-50, |
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| 15-55, 15-60, 20-5, 20-10, 25-5, 25-10, 25-15, 25-20, 25-25, |
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| and 30-10 and by adding Sections 15-17 and 5-21 as follows:
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| (225 ILCS 458/1-10)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 1-10. Definitions. As used in this Act, unless the |
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| context
otherwise requires:
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| "Accredited college or university, junior college, or |
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| community college" means a college or university, junior |
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| college, or community college that is approved or accredited by |
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| the Board of Higher Education, a regional or national |
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| accreditation association, or by an accrediting agency that is |
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| recognized by the U.S. Secretary of Education.
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| "Applicant" means person who applies to the Department
OBRE
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| for a license under this Act.
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| "Appraisal" or "real estate appraisal" means
(noun) the act |
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| or process of developing an analysis, opinion , or conclusion as |
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| to the
of value of identified real estate or specified interest |
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| therein performed for compensation or other valuable |
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| consideration ; an
opinion of value (adjective) of or pertaining |
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| to appraising
and related functions. |
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| "Appraisal assignment" means an engagement for which an |
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| appraiser is employed or retained to act, or would be perceived |
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| by third parties or the public as acting, as a disinterested |
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| third party. |
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| "Appraisal practice" means valuation services performed by |
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| an individual acting as an appraiser, including, but not |
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| limited to, appraisal, appraisal review, or appraisal |
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| consulting.
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| "Appraisal report" means any communication, written or |
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| oral, or any appraisal, appraisal review, or appraisal |
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| consulting service that is transmitted to a client upon |
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| completion of an assignment
a written appraisal by an appraiser |
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| to a client .
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| "Appraisal review" means the act or process of developing |
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| and communicating an opinion about the quality of another |
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| appraiser's work that was performed as part of an appraisal, |
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| appraisal review, or appraisal consulting assignment.
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| "Appraisal Subcommittee" means the Appraisal Subcommittee |
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| of the Federal
Financial Institutions
Examination Council as |
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| established by Title XI.
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| "Appraiser" means a person who performs or offers to |
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| perform valuation services competently and in a manner that is |
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| independent, impartial, and objective
real estate or real |
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| property
appraisals .
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| "AQB" means the Appraisal Qualifications Board of the |
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| Appraisal Foundation.
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| "Associate real estate trainee appraiser" means an |
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| entry-level appraiser who holds
a license of this |
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| classification under this Act and applies to
the appraisal of |
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| non-complex property having a transaction
value less than |
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| $1,000,000, but with restrictions as to the scope of practice
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| in
accordance with this Act.
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| "Board" means the Real Estate Appraisal Administration and |
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| Disciplinary Board.
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| "Classroom hour" means 50 minutes of instruction out of |
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| each 60 minute
segment of coursework.
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| "Client" means the party or parties who engage an appraiser |
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| by employment or contract in a specific assignment
a person who |
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| utilizes the services of an appraiser or engages
an appraiser |
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| for an appraisal
by employment or contract .
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| "Commissioner" means the Commissioner of the Office of |
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| Banks and Real Estate
or his or her designee.
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| "Coordinator" means the Coordinator of Real Estate |
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| Appraisal of the Division of Professional Regulation of the |
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| Department of Financial and Professional Regulation.
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| "Director" means the Director of the Real Estate Appraisal |
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| Division of OBRE
or his or her designee.
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| "Department" means the Department of Financial and |
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| Professional Regulation.
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| "Federal financial institutions regulatory agencies" means |
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| the Board of
Governors of the Federal Reserve
System, the |
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| Federal Deposit Insurance Corporation, the Office of the
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| Comptroller of the Currency, the
Office of Thrift Supervision, |
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| and the National Credit Union Administration.
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| "Federally related transaction" means any real |
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| estate-related financial
transaction in which a federal
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| financial institutions regulatory agency, the Department of |
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| Housing
and Urban Development, Fannie Mae, Freddie Mae, or the |
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| National
Credit Union Administration
engages in, contracts |
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| for, or
regulates and requires the services
of an appraiser.
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| "Financial institution" means any bank, savings bank, |
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| savings and loan
association, credit union,
mortgage broker, |
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| mortgage banker, licensee under the Consumer Installment Loan
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| Act or the Sales
Finance Agency Act, or a corporate fiduciary, |
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| subsidiary, affiliate, parent
company, or holding company
of |
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| any such licensee, or any institution involved in real estate |
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| financing that
is regulated by state or
federal law.
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| "Modular Course" means the Appraisal Qualifying Course |
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| Design conforming to the Sub Topics Course Outline contained in |
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| the AQB Criteria 2008.
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| "OBRE" means the Office of Banks and Real Estate.
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| "Real estate" means an identified parcel or tract of land, |
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| including any
improvements.
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| "Real estate related financial transaction" means any |
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| transaction involving:
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| (1) the sale, lease, purchase, investment in, or |
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| exchange of real
property,
including interests
in property |
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| or the financing thereof;
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| (2) the refinancing of real property or interests in |
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| real property; and
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| (3) the use of real property or interest in property as |
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| security for a
loan or
investment,
including mortgage |
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| backed securities.
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| "Real property" means the interests, benefits, and rights |
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| inherent in the
ownership of real estate.
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| "Secretary" means the Secretary of Financial and |
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| Professional Regulation.
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| "State certified general real estate
appraiser" means an |
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| appraiser who holds a
license of this classification under this |
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| Act
and such classification applies to
the appraisal of all |
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| types of real property without restrictions as to
the scope of |
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| practice.
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| "State certified residential real estate
appraiser" means |
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| an appraiser who
holds a
license of this classification
under |
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| this Act
and such classification applies to
the appraisal of
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| one to 4 units of
residential real property without regard to |
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| transaction value or complexity,
but with restrictions as to |
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| the
scope of practice , as set forth in this Act, and any other |
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| requirements set forth in this Act or
in a federally related |
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| transaction in accordance with Title
XI, the provisions of |
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| USPAP,
criteria established by the AQB, and further defined by |
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| rule.
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| "Supervising appraiser" means either (i) an appraiser who |
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| holds a valid license under this Act as either a State |
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| certified general real estate appraiser or a State certified |
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| residential real estate appraiser, who co-signs an appraisal |
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| report for an associate real estate trainee appraiser or (ii) a |
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| State certified general real estate appraiser who holds a valid |
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| license under this Act who cosigns an appraisal report for a |
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| State certified residential real estate appraiser on |
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| properties other than one to 4 units of residential real |
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| property without regard to transaction value or complexity.
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| "State licensed real estate appraiser" means an appraiser |
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| who holds a
real estate appraiser license
issued pursuant to a |
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| predecessor Act. A real estate appraiser
license authorizes its |
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| holder to conduct the
appraisal of non-complex one
to 4 units |
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| of residential real property having a transaction value less |
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| than
$1,000,000 and complex one
to 4 residential units of real |
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| property having a value less than $250,000, but
with |
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LRB095 10026 RAS 30240 b |
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| restrictions as to the
scope of practice in accordance with |
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| Title XI, criteria established by USPAP,
by the AQB, by this |
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| Act,
and by rule. No such initial license shall be issued
after |
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| the effective date of this Act
or renewed after
September 30, |
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| 2003 under this Act.
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| "Title XI" means Title XI of the federal Financial |
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| Institutions Reform,
Recovery and
Enforcement Act of 1989.
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| "USPAP" means the Uniform Standards of Professional |
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| Appraisal Practice as
promulgated by the
Appraisal Standards |
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| Board pursuant to Title XI and by rule.
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| (Source: P.A. 92-180, eff. 7-1-02.)
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| (225 ILCS 458/5-5)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 5-5. Necessity of license; use of title; exemptions.
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| (a) It
Beginning July 1, 2002, it is unlawful for a person |
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| to (i) act , offer services, or advertise services
or assume
to
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| act
as a State certified general real estate
appraiser, State |
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| certified residential real estate appraiser, or associate real |
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| estate trainee appraiser
to engage in the
business of real |
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| estate appraisal , (ii)
to develop a real estate appraisal,
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| (iii)
to
practice as a real estate
appraiser, (iv)
or
to
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| advertise or hold himself or herself out to be a real estate
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| appraiser , or (v) solicit clients or enter into an appraisal |
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| engagement with clients
in connection with a
federally related |
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| transaction
without a real estate appraiser license issued |
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| under this Act. A person who
violates this subsection is
guilty |
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| of a Class A misdemeanor for a first offense and a Class 4 |
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| felony for any subsequent offense .
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| (b) It
Beginning July 1, 2002, it is unlawful for a person, |
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| other than a
person who holds a valid license issued pursuant |
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| to this
Act as a State certified general real estate appraiser, |
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| a
State
certified
residential real estate appraiser,
or an |
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| associate real estate trainee appraiser , or as a State licensed |
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| real estate
appraiser issued pursuant to
a predecessor Act to |
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| use these titles or any other title, designation, or
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| abbreviation likely to create the
impression that the person is |
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| licensed as a real estate appraiser pursuant to
this Act. A |
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| person who
violates this subsection is guilty of a Class A |
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| misdemeanor for a first offense and a Class 4 felony for any |
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| subsequent offense .
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| (c) This
The licensing requirements of this Act does
do not |
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| prohibit
require a real estate
broker
or salesperson who holds |
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| a
valid license pursuant to the Real Estate License Act of 2000 |
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| from performing a comparative market analysis, provided the |
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| person does not represent himself or herself as being a |
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| licensed real estate appraiser pursuant to this Act. A real |
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| estate broker or salesperson may perform a comparative market |
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| analysis for compensation or other valuable consideration only |
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| for prospective or actual brokerage clients or for real |
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| property involved in an employee relocation program , to be |
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| licensed
as a real estate appraiser
under this Act,
unless the |
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LRB095 10026 RAS 30240 b |
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| broker or salesperson is
providing
or attempting to provide an |
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| appraisal report, as defined in Section
1-10 of this Act, in |
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| connection with a federally-related transaction . |
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| (d) Nothing in this Act shall preclude a State certified |
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| general real estate appraiser, a State certified residential |
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| real estate appraiser, or an associate real estate trainee |
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| appraiser from rendering appraisals for or on behalf of a |
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| partnership, association, corporation, firm, or group. |
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| However, no State appraisal license or certification shall be |
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| issued under this Act to a partnership, association, |
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| corporation, firm, or group.
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| (e) This Act does not apply to a township assessor, |
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| multi-township assessor, county supervisor of assessments, or |
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| any deputy or employee of any township assessor, multi-township |
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| assessor, or county supervisor of assessments who is performing |
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| his or her respective duties in accordance with the provisions |
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| of the Property Tax Code.
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| (f) A State real estate appraisal certification or license |
19 |
| is not required under this Act for any of the following: |
20 |
| (1) A person, partnership, association, or corporation |
21 |
| that performs appraisals of property owned by that person, |
22 |
| partnership, association, or corporation for the sole use |
23 |
| of that person, partnership, association, or corporation. |
24 |
| (2) A court-appointed commissioner who conducts an |
25 |
| appraisal pursuant to a judicially ordered evaluation of |
26 |
| property. |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| (3) A person in order to qualify as an expert witness |
2 |
| for court or administrative agency testimony, if otherwise |
3 |
| qualified. |
4 |
| (4) A person employed by a lender in the performance of |
5 |
| appraisals with respect to which federal regulations do not |
6 |
| require a licensed or certified appraiser. |
7 |
| However, any person who is certified or licensed under this Act |
8 |
| and who performs any of the activities set forth in this |
9 |
| subsection (f) must comply with the provisions of this Act. A |
10 |
| person who violates this subsection (f) is guilty of a Class A |
11 |
| misdemeanor for a first offense and a Class 4 felony for any |
12 |
| subsequent offense.
|
13 |
| (g) For the purposes of this
subsection, "brokerage |
14 |
| service" means the
activity
of offering, negotiating,
buying, |
15 |
| listing, selling, or leasing real estate or procuring or |
16 |
| referring
prospects intended to result in the
listing, sale, |
17 |
| purchase, lease, or exchange of real estate for another and for
|
18 |
| compensation.
|
19 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
20 |
| (225 ILCS 458/5-10)
|
21 |
| (Section scheduled to be repealed on January 1, 2012)
|
22 |
| Sec. 5-10. Application for State
certified general real |
23 |
| estate appraiser.
|
24 |
| (a) Every person who
desires to obtain a State certified |
25 |
| general real estate appraiser license
shall:
|
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| (1) apply to the Department
OBRE on forms provided by the |
2 |
| Department
OBRE accompanied by the required fee;
|
3 |
| (2) be at least 18 years of age;
|
4 |
| (3) (blank);
provide evidence of having attained a high |
5 |
| school diploma or completed
an
equivalent
course of
study as |
6 |
| determined by an examination conducted
or accepted
by the |
7 |
| Illinois State Board of
Education;
|
8 |
| (4) personally take and pass an examination authorized by |
9 |
| the Department
OBRE and endorsed
by the AQB;
|
10 |
| (5) prior to taking the examination, provide evidence to |
11 |
| the Department, in Modular Course format, with each module |
12 |
| conforming to the Real Property Appraiser Qualification |
13 |
| Criteria established and adopted by the AQB on February 20, |
14 |
| 2004,
OBRE that he or she
has successfully completed the |
15 |
| prerequisite
classroom hours of instruction in appraising as |
16 |
| established by the AQB and by
rule; and
|
17 |
| (6) prior to taking the examination, provide evidence
to |
18 |
| the Department
OBRE that he or she has successfully completed |
19 |
| the prerequisite
experience requirements in appraising as |
20 |
| established by AQB and by rule.
|
21 |
| (b) Before December 31, 2008, applicants must provide |
22 |
| evidence to the Department of having attained a high school |
23 |
| diploma or completed
an
equivalent
course of
study as |
24 |
| determined by an examination conducted
or accepted
by the State |
25 |
| Board of
Education.
|
26 |
| (c) On or after December 31, 2008, applicants must provide |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| evidence to the Department of (i) holding a Bachelor's degree |
2 |
| or higher from an accredited college or university or (ii) |
3 |
| successfully passing 30 semester credit hours or the equivalent |
4 |
| from an accredited college or university, junior college, or |
5 |
| community college in the following subjects: |
6 |
| (1) English composition; |
7 |
| (2) micro economics; |
8 |
| (3) macro economics; |
9 |
| (4) finance; |
10 |
| (5) algebra, geometry, or higher mathematics; |
11 |
| (6) statistics; |
12 |
| (7) introduction to computers-word
|
13 |
| processing/spreadsheets; |
14 |
| (8) business or real estate law; and |
15 |
| (9) two elective courses in accounting, geography,
|
16 |
| agricultural economics, business management, or real
|
17 |
| estate and any other requirements established by the |
18 |
| Department by rule. |
19 |
| If an accredited college or university accepts the |
20 |
| College-Level Examination Program (CLEP) examinations and |
21 |
| issues a transcript for the exam showing its approval, it will |
22 |
| be considered credit for the college course for the purposes of |
23 |
| meeting the requirements of this subsection (c).
|
24 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
25 |
| (225 ILCS 458/5-15)
|
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| (Section scheduled to be repealed on January 1, 2012)
|
2 |
| Sec. 5-15. Application for State certified residential |
3 |
| real estate
appraiser. Every person who
desires to obtain a |
4 |
| State certified residential real estate appraiser license
|
5 |
| shall:
|
6 |
| (1) apply to the Department
OBRE on forms provided by the |
7 |
| Department
OBRE accompanied by the required fee;
|
8 |
| (2) be at least 18 years of age;
|
9 |
| (3) (blank);
provide evidence of having attained a high |
10 |
| school diploma or completed
an equivalent
course of
study as |
11 |
| determined by an examination conducted
or accepted
by the |
12 |
| Illinois State Board of
Education;
|
13 |
| (4) personally take and pass an examination authorized by |
14 |
| the Department
OBRE and endorsed
by
the AQB;
|
15 |
| (5) prior to taking the examination, provide evidence
to |
16 |
| the Department, in Modular Course format, with each module |
17 |
| conforming to the Real Property Appraiser Qualification |
18 |
| Criteria established and adopted by the AQB on February 20, |
19 |
| 2004,
OBRE that he or she has successfully completed the |
20 |
| prerequisite
classroom hours of instruction in appraising as |
21 |
| established by the AQB and by
rule; and
|
22 |
| (6) prior to taking the examination, provide evidence
to |
23 |
| the Department
OBRE that he or she has successfully completed |
24 |
| the prerequisite
experience requirements as established by AQB |
25 |
| and by rule.
|
26 |
| (b) Before December 31, 2008, applicants must provide |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| evidence of having attained a high school diploma or completed
|
2 |
| an equivalent
course of
study as determined by an examination |
3 |
| conducted
or accepted
by the State Board of
Education;
|
4 |
| (c) On or after December 31, 2008, applicants must provide |
5 |
| evidence to the Department of (i) holding an Associate's degree |
6 |
| or its equivalent from an accredited college or university, |
7 |
| junior college, or community college or (ii) successfully |
8 |
| passing 21 semester credit hours or the equivalent from an |
9 |
| accredited college or university, junior college, or community |
10 |
| college in the following subjects: |
11 |
| (1) English composition; |
12 |
| (2) principals of economics (micro or macro); |
13 |
| (3) finance; |
14 |
| (4) algebra, geometry, or higher mathematics; |
15 |
| (5) statistics; |
16 |
| (6) introduction to computers-word
processing and |
17 |
| spreadsheets; |
18 |
| (7) business or real estate law; and |
19 |
| (8) any other requirements established by the |
20 |
| Department by rule.
|
21 |
| If an accredited college or university accepts the |
22 |
| College-Level Examination Program (CLEP) examinations and |
23 |
| issues a transcript for the exam showing its approval, it will |
24 |
| be considered credit for the college course for the purposes of |
25 |
| the requirements of this subsection (c).
|
26 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| (225 ILCS 458/5-20)
|
2 |
| (Section scheduled to be repealed on January 1, 2012)
|
3 |
| Sec. 5-20. Application for associate real estate trainee
|
4 |
| appraiser. (a) Every person who desires to obtain an associate |
5 |
| real estate trainee appraiser
license shall:
|
6 |
| (1) apply to the Department
OBRE on forms provided by |
7 |
| the Department
OBRE accompanied by the required
fee;
|
8 |
| (2) be at least 18 years of age;
|
9 |
| (3) provide evidence of having attained a high school |
10 |
| diploma or completed
an
equivalent course of
study as |
11 |
| determined by an examination conducted
or accepted
by the |
12 |
| Illinois State Board of
Education;
|
13 |
| (4) personally take and pass an examination authorized |
14 |
| by the Department
OBRE and
endorsed by the
AQB; and
|
15 |
| (5) prior to taking the examination, provide evidence
|
16 |
| to the Department
OBRE that he or she has successfully
|
17 |
| completed
the prerequisite classroom hours of instruction |
18 |
| in appraising as established by
rule.
|
19 |
| (b) A person who holds a valid license as a licensed real |
20 |
| estate
appraiser, issued pursuant to
a predecessor Act, may |
21 |
| convert that license to an associate real estate
appraiser |
22 |
| license by making application
to
OBRE
on forms provided by
OBRE |
23 |
| accompanied by the required fee.
|
24 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| (225 ILCS 458/5-21 new)
|
2 |
| (Section scheduled to be repealed on January 1, 2012) |
3 |
| Sec. 5-21. Change of address notification. Any individual |
4 |
| licensed under this Act must inform the Department of any |
5 |
| change of address in a manner and within the amount of time |
6 |
| determined by the Department.
|
7 |
| (225 ILCS 458/5-25)
|
8 |
| (Section scheduled to be repealed on January 1, 2012)
|
9 |
| Sec. 5-25. Renewal of license.
|
10 |
| (a) The expiration date and renewal period
for a State |
11 |
| certified general
real estate appraiser license
or a State |
12 |
| certified residential
real estate appraiser license issued |
13 |
| under
this Act shall be set by rule.
Except as otherwise |
14 |
| provided in subsections (b) and (f) of this Section, the
holder |
15 |
| of a license may renew
the license within 90 days preceding the |
16 |
| expiration date by:
|
17 |
| (1) completing and submitting to the Department
OBRE a |
18 |
| renewal application form as
provided by
the Department
|
19 |
| OBRE ;
|
20 |
| (2) paying the required fees; and
|
21 |
| (3) providing evidence of successful completion of the |
22 |
| continuing
education requirements through courses approved |
23 |
| by the Department
OBRE from
education providers licensed by |
24 |
| the Department
OBRE , as established by the AQB
and by rule.
|
25 |
| (b) A State certified general real estate appraiser
or |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| State certified
residential real estate
appraiser whose |
2 |
| license under this Act has expired may renew
the license for a |
3 |
| period of
2 years following the expiration date by complying |
4 |
| with the requirements of
paragraphs (1), (2),
and (3) of |
5 |
| subsection (a)
of this Section and paying any late penalties |
6 |
| established by rule.
|
7 |
| (c) (Blank).
A State licensed real estate appraiser's |
8 |
| license
issued pursuant to a
predecessor Act shall continue in |
9 |
| effect until the earlier of its expiration
date or September |
10 |
| 30, 2003. The holder of such a license may not
renew the |
11 |
| license for any period after
September 30, 2003, but may |
12 |
| convert the license to an associate real estate
appraiser |
13 |
| license under this Act until
September 30, 2003 pursuant to |
14 |
| subsection (b) of Section 5-20 of this Act.
|
15 |
| (d) The expiration date and renewal period for an associate |
16 |
| real estate
trainee appraiser license issued under this
Act |
17 |
| shall be set by rule. Except as otherwise provided in |
18 |
| subsections (e) and
(f) of this Section, the holder
of an |
19 |
| associate real estate appraiser license may renew the license |
20 |
| within 90
days preceding the expiration date by:
|
21 |
| (1) completing and submitting to the Department
OBRE a |
22 |
| renewal application form as
provided by the Department
|
23 |
| OBRE ;
|
24 |
| (2) paying the required fees; and
|
25 |
| (3) providing evidence of successful completion of the |
26 |
| continuing
education requirements through
courses approved |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| by the Department
OBRE from education providers approved
by |
2 |
| the Department
OBRE , as established by rule.
|
3 |
| (e) Any associate real estate appraiser trainee whose |
4 |
| license under this Act has
expired may
renew the license for a |
5 |
| period of 2 years following the expiration date
by complying |
6 |
| with the requirements of paragraphs
(1), (2), and (3) of |
7 |
| subsection (d) of this Section and paying any late
penalties
as |
8 |
| established by rule. An associate real estate trainee appraiser |
9 |
| license may not be renewed more than 2 times.
|
10 |
| (f) Notwithstanding subsections (c) and (e), an
appraiser |
11 |
| whose license
under this Act has expired may renew or convert |
12 |
| the license without
paying any lapsed renewal
fees or late |
13 |
| penalties if the license expired while the appraiser was:
|
14 |
| (1) on active duty with the United States Armed |
15 |
| Services;
|
16 |
| (2) serving as the Coordinator
Director of Real Estate |
17 |
| Appraisal or an employee of
the Department
OBRE who was |
18 |
| required to surrender his or her license during the term of
|
19 |
| employment.
|
20 |
| Application for renewal must be made within 2 years |
21 |
| following
the termination of the military service or related |
22 |
| education, training, or
employment. The
licensee shall furnish |
23 |
| the Department
OBRE with an affidavit that he or she was so |
24 |
| engaged.
|
25 |
| (g) The Department
OBRE shall provide reasonable care and |
26 |
| due diligence to ensure that each
licensee under this Act
is |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| provided with a renewal application at least 90 days prior to |
2 |
| the expiration
date, but
each licensee is responsible to
timely |
3 |
| renew or convert his or her license prior to its expiration |
4 |
| date.
|
5 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
6 |
| (225 ILCS 458/5-30)
|
7 |
| (Section scheduled to be repealed on January 1, 2012)
|
8 |
| Sec. 5-30. Reciprocity; consent to jurisdiction. (a) A |
9 |
| nonresident who holds a valid appraiser license issued to him |
10 |
| or her
by the
proper licensing authority
of a state, territory, |
11 |
| possession of the United States, or the District of
Columbia |
12 |
| that has licensing
requirements equal to or substantially |
13 |
| equivalent to the requirements of the
State of Illinois and |
14 |
| otherwise
meets the requirements for licensure may obtain a |
15 |
| license without examination,
provided that:
|
16 |
| (1) the Department
OBRE has entered into a valid |
17 |
| reciprocal agreement with the proper
licensing authority
|
18 |
| of the state, territory, or possession of the United |
19 |
| States, or the District of
Columbia;
|
20 |
| (2) the applicant provides the Department
OBRE with a |
21 |
| certificate of good standing from
the licensing authority |
22 |
| of the applicant's place of residence or by
an Appraisal |
23 |
| Subcommittee National Registry
registry history report;
|
24 |
| (3) the applicant completes and submits an application |
25 |
| as provided by the Department
OBRE and
the applicant pays |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| all applicable fees as established by rule
required under |
2 |
| this Act .
|
3 |
| (b) A nonresident applicant shall file an irrevocable |
4 |
| consent with OBRE
authorizing that actions may be
commenced |
5 |
| against the applicant or nonresident licensee in a court of
|
6 |
| competent jurisdiction in the State
of Illinois by the service |
7 |
| of summons, process, or other pleading authorized by
law upon |
8 |
| the
Commissioner. The consent shall stipulate and agree that |
9 |
| service of the
summons, process, or pleading
upon the |
10 |
| Commissioner shall be taken and held in all courts to be valid |
11 |
| and
binding as if actual service
had been made upon the |
12 |
| nonresident licensee in Illinois. If a summons,
process, or |
13 |
| other pleading is
served upon the Commissioner, it shall be by |
14 |
| duplicate copies, one of which
shall be retained by OBRE
and |
15 |
| the other of which shall be immediately forwarded by certified |
16 |
| or
registered mail to the last
known address of the nonresident |
17 |
| licensee against whom the summons, process, or
other pleading |
18 |
| may be directed .
|
19 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
20 |
| (225 ILCS 458/5-35)
|
21 |
| (Section scheduled to be repealed on January 1, 2012)
|
22 |
| Sec. 5-35. Pre-license education requirements.
|
23 |
| (a) The prerequisite
classroom hours necessary for a person |
24 |
| to be
approved to sit for the examination for licensure as a
|
25 |
| State
certified general real
estate
appraiser
or
a State |
|
|
|
HB1427 |
- 26 - |
LRB095 10026 RAS 30240 b |
|
|
1 |
| certified residential
real estate appraiser
shall be in |
2 |
| accordance with AQB criteria and established
by rule.
|
3 |
| (b) The prerequisite classroom hours necessary for a person
|
4 |
| to sit for the examination for licensure as an associate real
|
5 |
| estate trainee appraiser shall be established by rule.
|
6 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
7 |
| (225 ILCS 458/5-40)
|
8 |
| (Section scheduled to be repealed on January 1, 2012)
|
9 |
| Sec. 5-40. Pre-license experience requirements. The
|
10 |
| prerequisite experience necessary for a person to be approved |
11 |
| to sit for the
examination
for licensure as a State certified |
12 |
| general real estate
appraiser or a State certified
residential |
13 |
| real
estate appraiser shall be in accordance with AQB criteria |
14 |
| and established by
rule.
|
15 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
16 |
| (225 ILCS 458/5-45)
|
17 |
| (Section scheduled to be repealed on January 1, 2012)
|
18 |
| Sec. 5-45. Continuing education renewal requirements.
|
19 |
| (a) The continuing education requirements for a person to |
20 |
| renew a license as
a State certified general
real estate |
21 |
| appraiser
or
a State certified residential real estate |
22 |
| appraiser
shall be in accordance with AQB criteria and
|
23 |
| established by rule.
|
24 |
| (b) The continuing education requirements for a person to
|
|
|
|
HB1427 |
- 27 - |
LRB095 10026 RAS 30240 b |
|
|
1 |
| renew a license as an associate real estate trainee appraiser |
2 |
| shall be
established by rule.
|
3 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
4 |
| (225 ILCS 458/5-55)
|
5 |
| (Section scheduled to be repealed on January 1, 2012)
|
6 |
| Sec. 5-55. Fees. The Department
OBRE shall establish rules |
7 |
| for fees to be paid by applicants and licensees to
cover the |
8 |
| reasonable costs
of the Department
OBRE in administering and |
9 |
| enforcing the provisions of this Act. The Department
OBRE may
|
10 |
| also establish rules for
general fees to cover the reasonable |
11 |
| expenses of carrying out other functions
and responsibilities |
12 |
| under
this Act.
|
13 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
14 |
| (225 ILCS 458/10-5)
|
15 |
| (Section scheduled to be repealed on January 1, 2012)
|
16 |
| Sec. 10-5. Scope of practice.
|
17 |
| (a) This Act does not limit a
State
certified general real |
18 |
| estate appraiser
in his or
her scope of practice in
a federally |
19 |
| related transaction . A certified general real estate appraiser
|
20 |
| may independently provide
appraisal
services, review, or |
21 |
| consulting
relating to any type of property for which he or she |
22 |
| has experience or
and is
competent. All such appraisal
practice |
23 |
| must be made in accordance with the provisions of USPAP, |
24 |
| criteria
established by the AQB, and rules adopted pursuant to |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| this Act.
|
2 |
| (b) A State certified residential real estate appraiser is |
3 |
| limited in his or
her scope of practice in all transactions in |
4 |
| accordance with
in a
federally related transaction as provided |
5 |
| by Title XI,
the provisions of USPAP, criteria established by |
6 |
| the AQB, and the
rules adopted pursuant to this Act.
|
7 |
| (c) A State certified residential real estate appraiser |
8 |
| must have a State certified general real estate appraiser who |
9 |
| holds a valid license under this Act co-sign all appraisal |
10 |
| reports on properties other than one to 4 units of residential |
11 |
| real property without regard to transaction value or |
12 |
| complexity.
A State licensed real estate appraiser is limited |
13 |
| in his or her scope of
practice in a federally
related |
14 |
| transaction
as provided by Title XI, the
provisions of USPAP, |
15 |
| criteria established by the AQB, and the
rules adopted pursuant |
16 |
| to this Act. No State licensed
real estate appraiser license |
17 |
| shall be issued on or after
September 30, 2003 under this Act.
|
18 |
| (d) An associate real estate trainee appraiser is limited |
19 |
| in his or her scope of
practice in all transactions in |
20 |
| accordance with the provisions of
USPAP, this
Act, and the |
21 |
| rules adopted pursuant to this Act. In addition,
an associate |
22 |
| real estate trainee appraiser shall be required to have
a State |
23 |
| certified
general real estate
appraiser or State certified |
24 |
| residential real estate appraiser who holds a
valid license |
25 |
| under this Act
to co-sign all appraisal reports. The associate |
26 |
| real estate trainee appraiser licensee may not have more than 3 |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| supervising appraisers, and a supervising appraiser may not |
2 |
| supervise more than 3 associate real estate trainee appraisers |
3 |
| at one time. A chronological appraisal log on an approved log |
4 |
| form shall be maintained by the associate real estate trainee |
5 |
| appraiser and shall be made available to the Department upon |
6 |
| request.
|
7 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
8 |
| (225 ILCS 458/10-10)
|
9 |
| (Section scheduled to be repealed on January 1, 2012)
|
10 |
| Sec. 10-10. Standards of practice. All persons licensed |
11 |
| under this Act
must comply with standards
of professional |
12 |
| appraisal practice adopted by the Department
OBRE . The |
13 |
| Department
OBRE must adopt, as part
of
its rules, the Uniform
|
14 |
| Standards of Professional Appraisal Practice (USPAP) as |
15 |
| published from time to time by
the Appraisal Standards
Board of |
16 |
| the Appraisal Foundation. The Department
OBRE shall consider |
17 |
| federal laws and
regulations regarding the
licensure of real |
18 |
| estate appraisers prior to adopting its rules for the
|
19 |
| administration of this Act.
|
20 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
21 |
| (225 ILCS 458/10-15)
|
22 |
| (Section scheduled to be repealed on January 1, 2012)
|
23 |
| Sec. 10-15. Identifying client. In addition to any other |
24 |
| requirements
for disclosure of a client on
an appraisal report, |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| a licensee under this Act shall also identify on the
appraisal |
2 |
| report the individual by name
who ordered or originated the
|
3 |
| appraisal assignment. If an individual's name is not provided |
4 |
| due to an automated ordering system, an email address for the |
5 |
| delivery of the appraisal report must be identified on the |
6 |
| appraisal report.
|
7 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
8 |
| (225 ILCS 458/10-20)
|
9 |
| (Section scheduled to be repealed on January 1, 2012)
|
10 |
| Sec. 10-20. Retention of records. A person licensed under |
11 |
| this Act shall
retain the original
copy of all written |
12 |
| contracts engaging his or her services as an appraiser and
all |
13 |
| appraisal
reports, including any supporting data used to |
14 |
| develop the appraisal report,
for a period of 5 years or 2
|
15 |
| years after the final disposition of any judicial proceeding in |
16 |
| which testimony
was given, whichever is
longer. In addition, a |
17 |
| person licensed under this Act shall retain contracts,
logs, |
18 |
| and appraisal reports used
in meeting pre-license experience |
19 |
| requirements for a period of 5 years and shall be made |
20 |
| available to the Department upon request .
|
21 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
22 |
| (225 ILCS 458/15-5)
|
23 |
| (Section scheduled to be repealed on January 1, 2012)
|
24 |
| Sec. 15-5. Unlicensed practice; civil penalty; injunctive |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| relief ; unlawful influence .
|
2 |
| (a) A person who violates Section 5-5 of this Act
shall, in |
3 |
| addition to any other penalty provided by law, pay a civil |
4 |
| penalty
to the Department
OBRE in an amount not
to exceed |
5 |
| $25,000
$10,000 for each violation as determined by the |
6 |
| Secretary
Commissioner . The
civil penalty shall
be assessed by |
7 |
| the Secretary
Commissioner after a hearing in accordance with |
8 |
| the provisions of this Act regarding the provision of a hearing |
9 |
| for the discipline of a license .
|
10 |
| (b) The Department
OBRE has the authority to investigate |
11 |
| any activity that may violate
this Act.
|
12 |
| (c) A civil penalty imposed pursuant to subsection (a) |
13 |
| shall be paid within
60 days after the effective date
of the |
14 |
| order imposing the
civil penalty. The order shall constitute a |
15 |
| judgment and may be filed and executed in the same manner as |
16 |
| any judgment from any court of record
OBRE may petition the |
17 |
| circuit court for a judgment to
enforce the
collection of the |
18 |
| penalty .
Any civil penalty collected under this Act shall be |
19 |
| made payable to the Department of Financial and Professional |
20 |
| Regulation
Office of
Banks and Real Estate and
deposited into |
21 |
| the Appraisal Administration Fund. In addition to or in lieu of
|
22 |
| the imposition of a civil
penalty, the Department
OBRE may |
23 |
| report a violation of this Act or the failure or refusal to
|
24 |
| comply with an order of the Department
OBRE to the Attorney |
25 |
| General or to the appropriate State's Attorney.
|
26 |
| (d) Practicing as an appraiser without holding a valid |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| license as required
under this Act
is declared
to be adverse to |
2 |
| the public welfare, to constitute a public nuisance, and to
|
3 |
| cause irreparable harm to the
public welfare. The Secretary
|
4 |
| Commissioner , the Attorney General, or the State's
Attorney
of |
5 |
| any county in the State
may maintain an action for injunctive |
6 |
| relief in any circuit court to enjoin any
person from
engaging |
7 |
| in such practice.
|
8 |
| Upon the filing of a verified petition in a circuit court, |
9 |
| the court, if
satisfied by affidavit or otherwise that
a person |
10 |
| has been engaged in the practice of real estate appraisal |
11 |
| without a
valid license,
may enter a temporary restraining |
12 |
| order without notice or bond
enjoining the defendant
from |
13 |
| further practice. The showing of non-licensure, by affidavit or
|
14 |
| otherwise, is sufficient
for the issuance of a temporary |
15 |
| injunction.
If it is established that the defendant has been or |
16 |
| is engaged
in unlawful practice, the court
may enter an order |
17 |
| or judgment perpetually enjoining the defendant from further
|
18 |
| unlawful practice. In all
proceedings under this Section, the |
19 |
| court, in its discretion, may apportion the
costs among the |
20 |
| parties interested
in the action, including the cost of filing |
21 |
| the complaint, service of process,
witness fees and expenses, |
22 |
| court
reporter charges, and reasonable attorneys' fees.
These |
23 |
| injunction proceedings shall be in addition to, and not in lieu |
24 |
| of, all
penalties and other remedies
provided in this Act.
|
25 |
| (e) No person may directly or indirectly compensate, |
26 |
| instruct, induce, coerce, or intimidate an appraiser licensed |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| or certified under this Act for the purpose of corruption or |
2 |
| improperly influencing the appraiser's independent judgment |
3 |
| with respect to the valuation of any property pursuant to this |
4 |
| Act. A person who violates this subsection (e) is guilty of a |
5 |
| Class A misdemeanor for the first offense and a Class 4 felony |
6 |
| for any subsequent offense.
|
7 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
8 |
| (225 ILCS 458/15-10)
|
9 |
| (Section scheduled to be repealed on January 1, 2012)
|
10 |
| Sec. 15-10. Grounds for disciplinary action.
|
11 |
| (a) The Department
Office of Banks and Real Estate may |
12 |
| suspend, revoke,
refuse to issue or
renew a license and may |
13 |
| reprimand place on probation or administrative
supervision,
or |
14 |
| otherwise discipline a licensee, including
imposing
conditions |
15 |
| limiting the scope, nature, or extent of the real estate |
16 |
| appraisal
practice of a
licensee or reducing the appraisal rank |
17 |
| of a licensee,
and may impose an administrative fine
a civil |
18 |
| penalty not to exceed $10,000 upon a licensee
for one or any |
19 |
| combination of the following:
|
20 |
| (1) Procuring or attempting to procure a license by |
21 |
| knowingly making a
false statement,
submitting false |
22 |
| information, engaging in any form of fraud or
|
23 |
| misrepresentation,
or refusing
to provide complete |
24 |
| information in response to a question in an application for
|
25 |
| licensure.
|
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| (2) Failing to meet the minimum qualifications for |
2 |
| licensure as an
appraiser established by this
Act.
|
3 |
| (3) Paying money, other than for the fees provided for |
4 |
| by this Act, or
anything of value to a
member or employee |
5 |
| of the Board or the Department
Office of Banks and Real |
6 |
| Estate to procure
licensure
under this Act.
|
7 |
| (4) Being convicted of any crime, an essential element |
8 |
| of which is
dishonesty, fraud, theft, or
embezzlement, or |
9 |
| obtaining money, property, or credit by false pretenses, or
|
10 |
| any other crime
that is reasonably related to the practice |
11 |
| of real estate appraisal or a
conviction in any state
or |
12 |
| federal court of any felony.
|
13 |
| (5) Committing an act or omission involving |
14 |
| dishonesty, fraud, or
misrepresentation with the intent to
|
15 |
| substantially benefit the licensee or another person or |
16 |
| with intent to
substantially injure
another person as |
17 |
| defined by rule.
|
18 |
| (6) Violating a provision or standard for the |
19 |
| development or
communication of real estate
appraisals as |
20 |
| provided in Section 10-10 of this Act or as defined by |
21 |
| rule.
|
22 |
| (7) Failing or refusing without good cause to exercise |
23 |
| reasonable
diligence in developing, reporting,
or |
24 |
| communicating an appraisal, as defined by this Act or by |
25 |
| rule.
|
26 |
| (8) Violating a provision of this Act or the rules |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| adopted pursuant to
this Act.
|
2 |
| (9) Having been disciplined by another state, the |
3 |
| District of Columbia, a
territory, a foreign nation,
a |
4 |
| governmental agency, or any other entity authorized to |
5 |
| impose discipline if
at least one of
the grounds for that |
6 |
| discipline is the same as or the equivalent of one of the
|
7 |
| grounds for
which a licensee may be disciplined under this |
8 |
| Act.
|
9 |
| (10) Engaging in dishonorable, unethical, or |
10 |
| unprofessional conduct of a
character likely to
deceive, |
11 |
| defraud, or harm the public.
|
12 |
| (11) Accepting an appraisal assignment when the |
13 |
| employment
itself is contingent
upon the appraiser |
14 |
| reporting a predetermined estimate, analysis, or opinion |
15 |
| or
when the fee
to be paid is contingent upon the opinion, |
16 |
| conclusion, or valuation reached or
upon the
consequences |
17 |
| resulting from the appraisal assignment.
|
18 |
| (12) Developing valuation conclusions based on the |
19 |
| race, color, religion,
sex, national origin,
ancestry, |
20 |
| age, marital status, family status, physical or mental |
21 |
| handicap, or
unfavorable
military discharge, as defined |
22 |
| under the Illinois Human Rights Act, of the
prospective or
|
23 |
| present owners or occupants of the area or property under |
24 |
| appraisal.
|
25 |
| (13) Violating the confidential nature of government |
26 |
| records to which
the licensee gained
access through |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| employment or engagement as an appraiser by a government |
2 |
| agency.
|
3 |
| (14) Being adjudicated liable in a civil proceeding on |
4 |
| grounds of
fraud, misrepresentation, or
deceit. In a |
5 |
| disciplinary proceeding based upon a finding of civil |
6 |
| liability,
the appraiser shall
be afforded an opportunity |
7 |
| to present mitigating and extenuating circumstances,
but |
8 |
| may not
collaterally attack the civil adjudication.
|
9 |
| (15) Being adjudicated liable in a civil proceeding for |
10 |
| violation of
a state or federal fair
housing law.
|
11 |
| (16) Engaging in misleading or untruthful advertising |
12 |
| or using a trade
name or insignia of
membership in a real |
13 |
| estate appraisal or real estate organization of
which the |
14 |
| licensee is
not a member.
|
15 |
| (17) Failing to fully cooperate with an the Department
|
16 |
| OBRE investigation by knowingly
making a false
statement, |
17 |
| submitting false or misleading information, or refusing to |
18 |
| provide
complete information in response to written
|
19 |
| interrogatories or a written
request for documentation |
20 |
| within 30 days of the request.
|
21 |
| (18) Failing to include within the certificate of |
22 |
| appraisal for all
written appraisal reports the |
23 |
| appraiser's license number and licensure title .
All |
24 |
| appraisers providing significant contribution to the |
25 |
| development and
reporting of an appraisal must be disclosed |
26 |
| in the appraisal report. It is a
violation of this Act for |
|
|
|
HB1427 |
- 37 - |
LRB095 10026 RAS 30240 b |
|
|
1 |
| an
appraiser to sign a report,
transmittal letter, or |
2 |
| appraisal certification knowing that a person providing
a |
3 |
| significant
contribution to the report has not been |
4 |
| disclosed in the appraisal report.
|
5 |
| (19) Violating the terms of a disciplinary order or |
6 |
| consent to administrative supervision order. |
7 |
| (20) Habitual or excessive use or addiction to alcohol, |
8 |
| narcotics, stimulants, or any other chemical agent or drug |
9 |
| that results in a licensee's inability to practice with |
10 |
| reasonable judgment, skill, or safety. |
11 |
| (21) A physical or mental illness or disability which |
12 |
| results in the inability to practice under this Act with |
13 |
| reasonable judgment, skill, or safety.
|
14 |
| (b) The Department
Office of Banks and Real Estate may |
15 |
| reprimand suspend, revoke,
or refuse to issue or renew an |
16 |
| education provider's
license, may reprimand, place on |
17 |
| probation, or otherwise discipline
an education provider
and |
18 |
| may suspend or revoke the course approval of any course offered |
19 |
| by
an education provider and may impose an administrative fine
|
20 |
| a civil penalty not to exceed $10,000 upon
an education |
21 |
| provider,
for any of the following:
|
22 |
| (1) Procuring or attempting to procure licensure by |
23 |
| knowingly making a
false statement,
submitting false |
24 |
| information, engaging in any form of fraud or
|
25 |
| misrepresentation, or
refusing to
provide complete |
26 |
| information in response to a question in an application for
|
|
|
|
HB1427 |
- 38 - |
LRB095 10026 RAS 30240 b |
|
|
1 |
| licensure.
|
2 |
| (2) Failing to comply with the covenants certified to |
3 |
| on the application
for licensure as an education provider.
|
4 |
| (3) Committing an act or omission involving |
5 |
| dishonesty, fraud, or
misrepresentation or allowing any |
6 |
| such act or omission by
any employee or contractor under |
7 |
| the control of the provider.
|
8 |
| (4) Engaging in misleading or untruthful advertising.
|
9 |
| (5) Failing to retain competent instructors in |
10 |
| accordance with rules
adopted
under this Act.
|
11 |
| (6) Failing to meet the topic or time requirements for |
12 |
| course approval as
the provider of a pre-license
curriculum |
13 |
| course or a continuing education course.
|
14 |
| (7) Failing to administer an approved course using the |
15 |
| course materials,
syllabus, and examinations
submitted as |
16 |
| the basis of the course approval.
|
17 |
| (8) Failing to provide an appropriate classroom |
18 |
| environment for
presentation of courses, with
|
19 |
| consideration for student comfort, acoustics, lighting, |
20 |
| seating, workspace, and
visual aid material.
|
21 |
| (9) Failing to maintain student records in compliance |
22 |
| with the rules
adopted under this Act.
|
23 |
| (10) Failing to provide a certificate, transcript, or |
24 |
| other student
record to the Department
OBRE or to a student
|
25 |
| as may be required by rule.
|
26 |
| (11) Failing to fully cooperate with an OBRE
|
|
|
|
HB1427 |
- 39 - |
LRB095 10026 RAS 30240 b |
|
|
1 |
| investigation by the Department by knowingly
making a false
|
2 |
| statement, submitting false or misleading information, or |
3 |
| refusing to provide
complete information in response to |
4 |
| written interrogatories or a written
request for |
5 |
| documentation within 30 days of the request.
|
6 |
| (c) In appropriate cases, the Department
OBRE may resolve a |
7 |
| complaint against a licensee
through the issuance of a Consent |
8 |
| to Administrative Supervision order.
A licensee subject to a |
9 |
| Consent to Administrative Supervision order
shall be |
10 |
| considered by the Department
OBRE
as an active licensee in good |
11 |
| standing. This order shall not be reported or
considered by the |
12 |
| Department
OBRE to be a discipline
of the licensee. The records |
13 |
| regarding an investigation and a Consent to
Administrative |
14 |
| Supervision order
shall be considered confidential and shall |
15 |
| not be released by the Department
OBRE except
as mandated by |
16 |
| law.
A complainant shall be notified if his or her complaint |
17 |
| has been resolved
by a Consent to
Administrative Supervision |
18 |
| order.
|
19 |
| (d) A licensee may be represented by legal counsel at an |
20 |
| informal conference. If the informal conference results in a |
21 |
| consent order between the accused licensee and the Department, |
22 |
| the consent order must be approved by the Director. However, if |
23 |
| the consent order would result in a fine exceeding $5,000 or |
24 |
| the suspension in excess of one year or revocation of the |
25 |
| license, the consent order must be approved by the Board and |
26 |
| the Director.
|
|
|
|
HB1427 |
- 40 - |
LRB095 10026 RAS 30240 b |
|
|
1 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
2 |
| (225 ILCS 458/15-15)
|
3 |
| (Section scheduled to be repealed on January 1, 2012)
|
4 |
| Sec. 15-15. Investigation; notice; hearing.
|
5 |
| (a) Upon the motion of the Department
Office of Banks and |
6 |
| Real Estate or the Board or
upon a complaint in
writing of a |
7 |
| person setting forth facts that, if proven, would constitute
|
8 |
| grounds for suspension, revocation,
or other disciplinary |
9 |
| action against a licensee or applicant for licensure, the |
10 |
| Department
Office of Banks and Real
Estate shall investigate |
11 |
| the actions of the licensee or applicant.
|
12 |
| (b) Formal disciplinary proceedings shall commence upon |
13 |
| the issuance of a
written complaint
describing the charges that |
14 |
| are the basis of the disciplinary action and
delivery of the |
15 |
| detailed complaint to the address of
record of the licensee or |
16 |
| applicant. The Department
OBRE shall notify the licensee or
|
17 |
| applicant
to file a verified written
answer within 20 days |
18 |
| after the service of the notice and complaint.
The
notification |
19 |
| shall inform the licensee or applicant of his or her
right to |
20 |
| be heard in person or by
legal counsel; that the hearing will |
21 |
| be afforded not sooner than 30 days after
service
receipt of |
22 |
| the complaint
answer to the
specific charges ; that failure to |
23 |
| file an answer will result in a default being
entered against |
24 |
| the licensee or applicant;
that the license may be suspended, |
25 |
| revoked, or placed on
probationary status; and that other
|
|
|
|
HB1427 |
- 41 - |
LRB095 10026 RAS 30240 b |
|
|
1 |
| disciplinary action may be taken pursuant to this Act, |
2 |
| including limiting the
scope, nature, or extent of the |
3 |
| licensee's
practice. If the licensee or applicant fails to file |
4 |
| an answer after service of
notice, his or her license may,
at |
5 |
| the discretion of the Department
Office of Banks and Real |
6 |
| Estate , be suspended,
revoked, or placed on probationary
status |
7 |
| and the Department
Office of Banks and Real Estate may take |
8 |
| whatever disciplinary
action it deems proper,
including |
9 |
| limiting the scope, nature, or extent of the person's practice,
|
10 |
| without a hearing.
|
11 |
| (c) At the time and place fixed in the notice, the Board |
12 |
| shall conduct
hearing of the charges, providing
both the |
13 |
| accused person and the complainant ample opportunity to present |
14 |
| in
person
or by counsel such statements, testimony, evidence, |
15 |
| and argument as may be
pertinent to the charges or
to a defense |
16 |
| thereto.
|
17 |
| (d) The Board shall present to the Secretary
Commissioner a |
18 |
| written report of its
findings and
recommendations. A copy of |
19 |
| the report shall be served upon the licensee or
applicant,
|
20 |
| either personally or by certified
mail. Within 20 days after |
21 |
| the service, the licensee or applicant may present
the |
22 |
| Secretary
Commissioner with a motion in writing
for either a |
23 |
| rehearing, a proposed finding of fact, a conclusion of law, or |
24 |
| an
alternative sanction, and shall
specify the particular |
25 |
| grounds for the request. If the accused orders a
transcript of |
26 |
| the record
as provided in this Act, the time elapsing |
|
|
|
HB1427 |
- 42 - |
LRB095 10026 RAS 30240 b |
|
|
1 |
| thereafter and before the transcript
is ready for delivery to |
2 |
| the
accused shall not be counted as part of the 20 days. If the |
3 |
| Secretary
Commissioner is
not satisfied that
substantial |
4 |
| justice has been done, the Secretary
Commissioner may order a |
5 |
| rehearing by
the Board or other
special committee appointed by |
6 |
| the Secretary
Commissioner , may remand the matter to the
Board |
7 |
| for its
reconsideration of the matter based on the pleadings |
8 |
| and evidence presented to
the Board, or may enter
a final order |
9 |
| in contravention of the Board's recommendation. In all
|
10 |
| instances under this Act in which
the Board has rendered a |
11 |
| recommendation to the Secretary
Commissioner with respect to a
|
12 |
| particular licensee or
applicant, the Secretary
Commissioner , |
13 |
| if he or she disagrees with
the recommendation of the Board, |
14 |
| shall file with the Board and provide to the
licensee or |
15 |
| applicant a copy of the Secretary's
Commissioner's specific |
16 |
| written reasons for
disagreement with the Board. The reasons |
17 |
| shall be filed within 60 days of the
Board's recommendation
to |
18 |
| the Secretary
Commissioner and prior to any contrary action. |
19 |
| Notwithstanding a licensee's or applicant's failure to file a |
20 |
| motion for rehearing
At the expiration of the
time specified |
21 |
| for filing
a motion for a rehearing , the Secretary
Commissioner
|
22 |
| shall have the right to take any of
the actions specified in |
23 |
| this
subsection (d). Upon the suspension or revocation of a |
24 |
| license, the licensee
shall
be required to surrender his
or her |
25 |
| license to the Department
OBRE , and upon failure or refusal to |
26 |
| do so, the Department
OBRE
shall have
the right to seize the
|
|
|
|
HB1427 |
- 43 - |
LRB095 10026 RAS 30240 b |
|
|
1 |
| license.
|
2 |
| (e) The Department
Office of Banks and Real Estate has the |
3 |
| power to issue subpoenas and
subpoenas duces tecum
to bring |
4 |
| before it any person in this State, to take testimony, or to |
5 |
| require
production of any records
relevant to an inquiry or |
6 |
| hearing by the Board in the same manner as prescribed
by law in |
7 |
| judicial
proceedings in the courts of this State. In a case of |
8 |
| refusal of a witness to
attend, testify, or to produce
books or |
9 |
| papers concerning a matter upon which he or she might be |
10 |
| lawfully
examined, the circuit court
of the county where the |
11 |
| hearing is held, upon application of the Department
Office of
|
12 |
| Banks and Real Estate or any
party to the proceeding, may |
13 |
| compel obedience by proceedings as for contempt.
|
14 |
| (f) Any license that is suspended indefinitely or revoked |
15 |
| may not be
restored for a minimum period
of 2 years, or as |
16 |
| otherwise ordered by the Secretary
Commissioner .
|
17 |
| (g) In addition to the provisions of this Section |
18 |
| concerning the conduct of
hearings and the
recommendations for |
19 |
| discipline, the Department
OBRE has the authority to negotiate
|
20 |
| disciplinary and non-disciplinary
settlement agreements |
21 |
| concerning any license issued under this Act. All such
|
22 |
| agreements shall be
recorded as Consent Orders or Consent to |
23 |
| Administrative Supervision Orders.
|
24 |
| (h) The Secretary
Commissioner shall have the authority to |
25 |
| appoint an attorney duly
licensed to practice law in the
State |
26 |
| of Illinois to serve as the hearing officer in any action to |
|
|
|
HB1427 |
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|
1 |
| suspend,
revoke, or otherwise discipline
any license issued by |
2 |
| the Department
Office of Banks and Real Estate . The Hearing |
3 |
| Officer
shall have full authority
to conduct the hearing.
|
4 |
| (i) The Department
OBRE , at its expense, shall preserve a |
5 |
| record of all formal hearings of
any contested case involving
|
6 |
| the discipline of a license. At all hearings or pre-hearing |
7 |
| conferences, the Department
OBRE and the licensee shall be
|
8 |
| entitled to have the proceedings transcribed by a certified |
9 |
| shorthand reporter.
A copy of the transcribed
proceedings shall |
10 |
| be made available to the licensee by the certified shorthand
|
11 |
| reporter upon payment of
the prevailing contract copy rate.
|
12 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
13 |
| (225 ILCS 458/15-17 new)
|
14 |
| (Section scheduled to be repealed on January 1, 2012) |
15 |
| Sec. 15-17. Temporary suspension. The Secretary may |
16 |
| temporarily suspend the license of a licensee without a |
17 |
| hearing, simultaneously with the institution of proceedings |
18 |
| for a hearing provided in Section 15-10 of this Act, if the |
19 |
| Secretary finds that the public interest, safety, or welfare |
20 |
| requires such emergency action. In the event that the Secretary |
21 |
| temporarily suspends a license without a hearing before the |
22 |
| Board, a hearing shall be held within 30 days after the |
23 |
| suspension has occurred. The suspended licensee may seek a |
24 |
| continuance of the hearing, during which time the suspension |
25 |
| shall remain in effect. The proceeding shall be concluded |
|
|
|
HB1427 |
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|
1 |
| without appreciable delay. If the Department does not hold a |
2 |
| hearing within 30 days after the date of suspension, the |
3 |
| licensee's license shall be automatically reinstated.
|
4 |
| (225 ILCS 458/15-20)
|
5 |
| (Section scheduled to be repealed on January 1, 2012)
|
6 |
| Sec. 15-20. Administrative Review Law; certification fees; |
7 |
| Administrative
Procedure Act.
|
8 |
| (a) All final administrative decisions of the Secretary
|
9 |
| Commissioner under this Act
are subject to
judicial review |
10 |
| pursuant to the
provisions of the Administrative Review Law and |
11 |
| the rules adopted pursuant
thereto. The term
"administrative |
12 |
| decision" has the meaning ascribed to it in Section
3-101 of |
13 |
| the
Administrative Review Law.
|
14 |
| (b) The Department
OBRE shall not be required to certify |
15 |
| any record, file any answer or
otherwise appear unless the
|
16 |
| party filing the administrative review complaint pays the |
17 |
| certification fee to the Department
OBRE as provided by rule.
|
18 |
| Failure on the part of the plaintiff to make such a deposit |
19 |
| shall be grounds
for dismissal of the action.
|
20 |
| (c) The Administrative Procedures Act is hereby expressly |
21 |
| adopted
and incorporated herein. In the event of a conflict |
22 |
| between
this Act and the Administrative Procedures Act, this |
23 |
| Act shall
control.
|
24 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
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LRB095 10026 RAS 30240 b |
|
|
1 |
| (225 ILCS 458/15-30)
|
2 |
| (Section scheduled to be repealed on January 1, 2012)
|
3 |
| Sec. 15-30. Statute of limitations. No action may be taken |
4 |
| under this
Act against a person licensed
under this Act unless |
5 |
| the action is commenced within 5 years after the
occurrence of |
6 |
| the alleged violation or at least 2 years after final |
7 |
| disposition of any judicial proceeding in which the appraiser |
8 |
| provided testimony related to the assignment, whichever period |
9 |
| expires last .
A continuing violation is deemed to have occurred |
10 |
| on the date when the
circumstances last existed
that gave rise |
11 |
| to the alleged continuing violation.
|
12 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
13 |
| (225 ILCS 458/15-35)
|
14 |
| (Section scheduled to be repealed on January 1, 2012)
|
15 |
| Sec. 15-35. Signature of the Secretary
Commissioner . An |
16 |
| order of revocation or
suspension or a certified
copy of the |
17 |
| order, bearing the seal of the Department
OBRE and purporting |
18 |
| to be signed by the Secretary
Commissioner , shall be prima
|
19 |
| facie proof that:
|
20 |
| (1) the signature is the genuine signature of the |
21 |
| Secretary
Commissioner ;
|
22 |
| (2) the Secretary
Commissioner is duly appointed and |
23 |
| qualified; and
|
24 |
| (3) the Board and the members thereof are qualified.
|
25 |
| This proof may be rebutted.
|
|
|
|
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|
1 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
2 |
| (225 ILCS 458/15-40)
|
3 |
| (Section scheduled to be repealed on January 1, 2012)
|
4 |
| Sec. 15-40. Violation of tax Acts. The Department
OBRE may |
5 |
| refuse to issue or renew or
may suspend the license
of any |
6 |
| person who fails to file a return, pay the tax, penalty, or |
7 |
| interest
shown in a filed return, or pay any
final assessment |
8 |
| of tax, penalty, or interest, as required by any tax Act
|
9 |
| administered by the Department
of Revenue, until such time as |
10 |
| the requirements of that tax Act are
satisfied.
|
11 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
12 |
| (225 ILCS 458/15-45)
|
13 |
| (Section scheduled to be repealed on January 1, 2012)
|
14 |
| Sec. 15-45. Disciplinary action for educational loan |
15 |
| defaults. The Department
OBRE shall
deny a license or renewal
|
16 |
| authorized by this Act to a person who has defaulted on an |
17 |
| educational loan or
scholarship provided or
guaranteed by the |
18 |
| Illinois Student Assistance Commission or any governmental
|
19 |
| agency of this State;
however, the Department
OBRE may issue a |
20 |
| license or renewal if the person has established a
satisfactory |
21 |
| repayment
record as determined by the Illinois Student |
22 |
| Assistance Commission or other
appropriate governmental
agency |
23 |
| of this State. Additionally, a license issued by the Department
|
24 |
| OBRE may be suspended
or revoked if the Secretary
Commissioner , |
|
|
|
HB1427 |
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|
|
1 |
| after the opportunity for a hearing under this Act, finds that
|
2 |
| the licensee has failed to
make satisfactory repayment to the |
3 |
| Illinois Student Assistance Commission for a
delinquent or |
4 |
| defaulted
loan.
|
5 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
6 |
| (225 ILCS 458/15-50)
|
7 |
| (Section scheduled to be repealed on January 1, 2012)
|
8 |
| Sec. 15-50. Nonpayment of child support. In cases where the |
9 |
| Department of Healthcare and Family Services (formerly
|
10 |
| Department of
Public Aid ) has
previously determined that a |
11 |
| licensee or a potential licensee is more than 30
days |
12 |
| delinquent in the
payment of child support and has subsequently |
13 |
| certified the delinquency to the Department
OBRE , the |
14 |
| Department
OBRE may refuse
to issue or renew or may revoke or |
15 |
| suspend that person's license or may take
other disciplinary |
16 |
| action
against that person based solely upon the certification |
17 |
| of delinquency made by
the Department of Healthcare and Family |
18 |
| Services (formerly Department of Public
Aid ) . Redetermination |
19 |
| of the delinquency by the Department
OBRE shall not be |
20 |
| required. In cases
regarding the renewal
of a license, the |
21 |
| Department
OBRE shall not renew any license if the Department |
22 |
| of Healthcare and Family Services (formerly Department of |
23 |
| Public Aid )
has certified the licensee
to be more than 30 days |
24 |
| delinquent in the payment of child support, unless the
licensee |
25 |
| has arranged for
payment of past and current child support |
|
|
|
HB1427 |
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|
1 |
| obligations in a manner satisfactory
to the Department of |
2 |
| Healthcare and Family Services (formerly Department of
Public |
3 |
| Aid ) . The Department
OBRE may impose conditions, restrictions, |
4 |
| or disciplinary action
upon that renewal.
|
5 |
| (Source: P.A. 92-180, eff. 7-1-02; revised 12-15-05.)
|
6 |
| (225 ILCS 458/15-55)
|
7 |
| (Section scheduled to be repealed on January 1, 2012)
|
8 |
| Sec. 15-55. Returned checks; penalty; termination. A |
9 |
| person who
delivers a check or other
payment to the Department
|
10 |
| OBRE that is returned to the Department
OBRE unpaid by the |
11 |
| financial institution
upon which it was drawn
shall pay to the |
12 |
| Department
OBRE , in addition to the amount already owed, a |
13 |
| penalty of
$50. The Department
OBRE shall notify the
person, by |
14 |
| certified mail return receipt requested, that his or her check |
15 |
| or
payment was returned and that
the person shall pay to the |
16 |
| Department
OBRE by certified check or money order the amount of
|
17 |
| the returned check plus
a $50 penalty within 30 calendar days |
18 |
| after the date of the notification.
If, after the expiration of |
19 |
| 30
calendar days of the notification, the person has failed to |
20 |
| remit the necessary
funds and penalty, the Department
OBRE
|
21 |
| shall automatically terminate the license or deny the |
22 |
| application without
hearing. If the returned check
or other |
23 |
| payment was for issuance of a license under this Act and that |
24 |
| person
practices as an appraiser,
that person may be subject to |
25 |
| discipline for unlicensed practice as provided in
this Act. If, |
|
|
|
HB1427 |
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|
1 |
| after
termination or denial, the person seeks a license, he or |
2 |
| she shall petition the Department
OBRE
for restoration and he |
3 |
| or she
may be subject to additional discipline or fines. The |
4 |
| Secretary
Commissioner may waive
the penalties or fines due
|
5 |
| under this Section in individual cases where the Secretary
|
6 |
| Commissioner finds that the
penalties or fines would be
|
7 |
| unreasonable or unnecessarily burdensome.
|
8 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
9 |
| (225 ILCS 458/15-60)
|
10 |
| (Section scheduled to be repealed on January 1, 2012)
|
11 |
| Sec. 15-60. Cease and desist orders. The Department
OBRE
|
12 |
| may issue cease
and desist orders to persons who engage in |
13 |
| activities prohibited
by this Act. Any person in violation of a |
14 |
| cease and desist order
issued by the Department
OBRE is subject |
15 |
| to all of the penalties provided by law.
|
16 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
17 |
| (225 ILCS 458/20-5)
|
18 |
| (Section scheduled to be repealed on January 1, 2012)
|
19 |
| Sec. 20-5. Education providers.
|
20 |
| (a) Beginning July 1, 2002, only education providers |
21 |
| licensed by the Department
OBRE may
provide the pre-license and |
22 |
| continuing education courses required for licensure
under this |
23 |
| Act.
|
24 |
| (b) A person or entity seeking to be licensed as an |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| education
provider under this Act
shall provide satisfactory |
2 |
| evidence of the following:
|
3 |
| (1) a sound financial base for establishing, |
4 |
| promoting, and delivering the
necessary
courses;
|
5 |
| (2) a sufficient number of qualified instructors;
|
6 |
| (3) adequate support personnel to assist with |
7 |
| administrative matters and
technical
assistance;
|
8 |
| (4) a written policy dealing with procedures for |
9 |
| management of grievances
and fee refunds;
|
10 |
| (5) a qualified administrator, who is responsible for |
11 |
| the
administration of the
education provider, courses, and |
12 |
| the actions of the instructors; and
|
13 |
| (6) any other requirements as provided by rule.
|
14 |
| (c) All applicants for an education provider's license |
15 |
| shall make initial
application to the Department
OBRE on forms |
16 |
| provided by the Department
OBRE and pay the appropriate fee as
|
17 |
| provided by rule. The term, expiration date, and renewal of an |
18 |
| education
provider's license shall be established by rule.
|
19 |
| (d) An education provider shall provide each successful |
20 |
| course participant
with a certificate of
completion signed by |
21 |
| the school administrator. The format and content of the
|
22 |
| certificate shall be specified by rule.
|
23 |
| (e) All education providers shall provide to the Department
|
24 |
| OBRE a monthly roster of all
successful course
participants as |
25 |
| provided by rule.
|
26 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| (225 ILCS 458/20-10)
|
2 |
| (Section scheduled to be repealed on January 1, 2012)
|
3 |
| Sec. 20-10. Course approval.
|
4 |
| (a) Only courses offered by licensed education providers |
5 |
| and approved
by the Department, courses approved by the AQB, or |
6 |
| courses approved by jurisdictions regulated by the Appraisal |
7 |
| Subcommittee
OBRE shall be used to meet the requirements of |
8 |
| this Act and rules.
|
9 |
| (b) An education provider licensed under this Act may |
10 |
| submit courses to the Department
OBRE
for approval.
The |
11 |
| criteria, requirements, and fees for courses shall be |
12 |
| established
by rule in accordance with
this Act, Title XI, and |
13 |
| the criteria established by the AQB.
|
14 |
| (c) For each course approved, the Department
OBRE shall |
15 |
| issue a license to the education
provider. The term, expiration |
16 |
| date, and renewal of a course approval shall
be
established by |
17 |
| rule.
|
18 |
| (d) An education provider must use an instructor for each |
19 |
| course approved by the Department who (i) holds a valid real |
20 |
| estate appraisal license in good standing as a State certified |
21 |
| general real estate appraiser or a State certified residential |
22 |
| real estate appraiser in Illinois or any other jurisdiction |
23 |
| regulated by the Appraisal Subcommittee, (ii) holds a valid |
24 |
| teaching certificate issued by the State of Illinois, (iii) is |
25 |
| a faculty member in good standing with an accredited college or |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
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|
1 |
| university or community college, (iv) is an approved appraisal |
2 |
| instructor from an appraisal organization that is a member of |
3 |
| the Appraisal Foundation, or (v) meets any other requirements |
4 |
| established by the Department by rule. |
5 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
6 |
| (225 ILCS 458/25-5)
|
7 |
| (Section scheduled to be repealed on January 1, 2012)
|
8 |
| Sec. 25-5. Appraisal Administration Fund; surcharge. The |
9 |
| Appraisal
Administration Fund is created as a special fund in |
10 |
| the State Treasury. All
fees, fines, and penalties received by |
11 |
| the Department
OBRE
under this Act shall be deposited into the |
12 |
| Appraisal Administration Fund.
All earnings attributable to |
13 |
| investment of funds in the Appraisal
Administration Fund shall |
14 |
| be credited to the Appraisal Administration
Fund. Subject to |
15 |
| appropriation, the
moneys in the Appraisal Administration Fund |
16 |
| shall be paid
to the Department
OBRE for the expenses incurred |
17 |
| by the Department
OBRE and the Board in the administration of |
18 |
| this Act. Moneys in the Appraisal Administration Fund may be |
19 |
| transferred to the Professions Indirect Cost Fund as authorized |
20 |
| under Section 2105-300 of the Department of Professional |
21 |
| Regulation Law of the Civil Administrative Code of Illinois.
|
22 |
| Upon the completion of any audit of the Department
OBRE , as |
23 |
| prescribed by the Illinois State
Auditing Act, which shall |
24 |
| include an audit of the Appraisal Administration
Fund, the |
25 |
| Department
OBRE
shall make the audit report open to inspection |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| by any interested person.
|
2 |
| (Source: P.A. 94-91, eff. 7-1-05.)
|
3 |
| (225 ILCS 458/25-10)
|
4 |
| (Section scheduled to be repealed on January 1, 2012)
|
5 |
| Sec. 25-10. Real Estate Appraisal Administration and |
6 |
| Disciplinary Board; appointment.
|
7 |
| (a) There is hereby created the Real Estate Appraisal |
8 |
| Administration and Disciplinary Board. The Board
shall be |
9 |
| composed of 10 persons appointed by the Governor, plus the |
10 |
| Coordinator
Director of
the Real Estate Appraisal Division. |
11 |
| Members shall be appointed to the Board
subject to the |
12 |
| following conditions:
|
13 |
| (1) All appointed members shall have been residents and |
14 |
| citizens of this
State for
at least 5 years prior
to the |
15 |
| date of appointment.
|
16 |
| (2) The appointed membership of the Board should |
17 |
| reasonably reflect the
geographic
distribution of the
|
18 |
| population of the State.
|
19 |
| (3) Four appointed members shall have been actively |
20 |
| engaged and currently
licensed as
State
certified general |
21 |
| real estate appraisers for a period of not less than 5
|
22 |
| years.
|
23 |
| (4)
Two appointed members shall have been actively |
24 |
| engaged and currently
licensed as
State
certified |
25 |
| residential real estate appraisers for a period of
not less |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| than 5 years.
|
2 |
| (5)
Two appointed members shall hold a valid license as |
3 |
| a
real estate
broker for at least 10 years prior to the |
4 |
| date of the appointment , one of whom
and shall hold a valid
|
5 |
| State certified general real estate appraiser license |
6 |
| issued under this Act or a predecessor Act for a period of |
7 |
| at
least 5 years prior to the appointment and one of whom |
8 |
| shall hold a valid State certified residential real estate |
9 |
| appraiser license issued under this Act or a predecessor |
10 |
| Act for a period of at
least 5 years prior to the |
11 |
| appointment .
|
12 |
| (6) One appointed member shall be a representative of a |
13 |
| financial
institution, as evidenced by his or her |
14 |
| employment with a financial
institution.
|
15 |
| (7) One appointed member shall represent the interests |
16 |
| of the general
public. This member or his or her spouse |
17 |
| shall not be licensed under this Act
nor be employed by or |
18 |
| have any interest in an appraisal business, real estate
|
19 |
| brokerage business, or a financial institution.
|
20 |
| In making appointments as
provided in paragraphs (3) and |
21 |
| (4) of this subsection, the Governor shall
give due |
22 |
| consideration to recommendations by members and organizations
|
23 |
| representing the profession
real estate appraisal industry .
|
24 |
| In making the appointments as
provided in paragraph (5) of |
25 |
| this subsection, the Governor shall give
due consideration to |
26 |
| the recommendations by members and organizations
representing |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| the real estate industry.
|
2 |
| In making the appointment as provided
in paragraph (6) of |
3 |
| this subsection, the Governor
shall give due consideration to |
4 |
| the recommendations by members and
organizations representing |
5 |
| financial institutions.
|
6 |
| (b) The term for members of the Board shall be 4 years , |
7 |
| except for the
initial appointees. Of the initial appointments, |
8 |
| 4 members shall
be appointed for terms ending June 30, 2006, 3 |
9 |
| members shall be appointed for
terms ending June 30, 2005, and |
10 |
| 3 members shall be appointed for terms
ending June 30, 2004 . No |
11 |
| member shall serve more than 10 years in a lifetime.
Those |
12 |
| persons serving on the Board pursuant to the Real Estate |
13 |
| Appraiser
Licensing Act shall become members of the new Board |
14 |
| on July 1, 2002 and
shall serve until
the Governor has made the |
15 |
| new appointments pursuant to this Act.
|
16 |
| (c) The Governor may terminate the appointment of a member |
17 |
| for cause that,
in
the opinion of the Governor, reasonably |
18 |
| justifies the termination. Cause for
termination may include, |
19 |
| without limitation, misconduct, incapacity, neglect of
duty, |
20 |
| or missing 4 Board meetings during any one calendar year.
|
21 |
| (d) A majority of the Board members currently appointed |
22 |
| shall constitute a
quorum. A vacancy in the membership of the |
23 |
| Board shall not impair the right of
a quorum to exercise all of |
24 |
| the rights and perform all of the duties of the
Board.
|
25 |
| (e) The Board shall meet at least quarterly and may be |
26 |
| convened
by the Chairperson, Co-Chairperson, or 3 members of |
|
|
|
HB1427 |
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LRB095 10026 RAS 30240 b |
|
|
1 |
| the Board upon 10 days
written notice.
|
2 |
| (f) The Board shall, annually at the first meeting of the |
3 |
| fiscal year,
elect a Chairperson and Vice-Chairperson from its
|
4 |
| members. The Chairperson shall preside over the meetings and |
5 |
| shall coordinate
with the Coordinator
Director
in developing |
6 |
| and distributing an agenda for each meeting. In the absence of
|
7 |
| the Chairperson, the Co-Chairperson shall preside over the |
8 |
| meeting.
|
9 |
| (g) The Coordinator
Director of the Real Estate Appraisal |
10 |
| Division shall serve as
a member of the Board without vote.
|
11 |
| (h) The Board shall advise and make recommendations to
the |
12 |
| Department
OBRE on the education and experience qualifications |
13 |
| of any applicant for initial licensure as a State certified |
14 |
| general real estate appraiser or a State certified residential |
15 |
| real estate appraiser. The Department shall not make any |
16 |
| decisions concerning education or experience qualifications of |
17 |
| an applicant for initial licensure as a State certified general |
18 |
| real estate appraiser or a State certified residential real |
19 |
| estate appraiser without having first received the advice and |
20 |
| recommendation of the Board and
matters of
licensing and |
21 |
| education.
OBRE shall give due consideration to all
such advice |
22 |
| and recommendations ; however, if the Board does not render |
23 |
| advice or make a recommendation within a reasonable amount of |
24 |
| time, as determined by rule of the Department, then the |
25 |
| Department may render a decision
presented by the Board .
|
26 |
| (i) Except as provided in Section 15-17 of this Act, the
|
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| The Board shall hear and make recommendations to the
Secretary
|
2 |
| Commissioner on
disciplinary matters
that require a formal |
3 |
| evidentiary hearing. The Secretary
Commissioner shall give due
|
4 |
| consideration to the
recommendations of the Board involving |
5 |
| discipline and questions involving
standards of professional
|
6 |
| conduct of licensees.
|
7 |
| (j) The Department shall seek and the Board shall provide
|
8 |
| may make recommendations to the Department
OBRE consistent with |
9 |
| the
provisions
of this Act and for the administration and |
10 |
| enforcement of all
the rules adopted
pursuant to this Act. The |
11 |
| Department shall not adopt any rules relating to the |
12 |
| administration and enforcement of this Act without having first |
13 |
| received the recommendation of the Board and
OBRE
shall give |
14 |
| due consideration to
such
the recommendations of the Board
|
15 |
| prior to adopting rules ; however, if the Board does not make a |
16 |
| recommendation within a reasonable amount of time, as |
17 |
| determined by rule of the Department, then the Department may |
18 |
| adopt rules .
|
19 |
| (k) The Department shall seek and the Board shall provide
|
20 |
| make recommendations to the Department
OBRE on the approval of |
21 |
| all courses
submitted to the Department
OBRE
pursuant to this |
22 |
| Act and the rules adopted pursuant to this Act. The Department |
23 |
| shall not approve any courses without having first received the |
24 |
| recommendation of the Board and
OBRE shall
give due |
25 |
| consideration to such
the
recommendations of the Board
prior to |
26 |
| approving and licensing courses ; however, if the Board does not |
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| make a recommendation within a reasonable amount of time, as |
2 |
| determined by rule of the Department, then the Department may |
3 |
| approve courses .
|
4 |
| (l) Each voting member of the Board shall receive a per |
5 |
| diem stipend in an
amount
to be determined by the Secretary
|
6 |
| Commissioner . Each member shall be paid his or her necessary |
7 |
| expenses while
engaged in the
performance of his or her duties.
|
8 |
| (m) Members of the Board shall be immune from suit in an |
9 |
| action based upon
any disciplinary
proceedings or other acts |
10 |
| performed in good faith as members of the Board.
|
11 |
| (n) If the Department disagrees with any advice or |
12 |
| recommendation provided by the Board under this Section to the |
13 |
| Secretary or the Department, then notice of such disagreement |
14 |
| must be provided to the Board by the Department.
|
15 |
| (o) Upon resolution adopted at any Board meeting, the |
16 |
| exercise of any Board function, power, or duty enumerated in |
17 |
| this Section or in subsection (d) of Section 15-10 of this Act |
18 |
| may be suspended. The exercise of any suspended function, |
19 |
| power, or duty of the Board may be reinstated by a resolution |
20 |
| adopted at a subsequent Board meeting. Any resolution adopted |
21 |
| pursuant to this Section shall take effect immediately.
|
22 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
23 |
| (225 ILCS 458/25-15)
|
24 |
| (Section scheduled to be repealed on January 1, 2012)
|
25 |
| Sec. 25-15. Coordinator
Director of the Real Estate |
|
|
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| Appraisal Division ; appointment;
duties. The Secretary shall |
2 |
| appoint, subject to the Personnel Code, a Coordinator of Real |
3 |
| Estate Appraisal for a term of 4 years. In appointing the |
4 |
| Coordinator, the Secretary shall give due consideration to |
5 |
| recommendations made by members, organizations, and |
6 |
| associations of the real estate appraisal industry. On or after |
7 |
| January 1, 2009, the Coordinator must hold a current, valid |
8 |
| State certified general real estate license or a State |
9 |
| certified residential real estate license, which shall be |
10 |
| surrendered to the Department during the term of his or her |
11 |
| appointment. The Coordinator must take the 30-hour National |
12 |
| Instructors Course on Uniform Standards of Professional |
13 |
| Appraisal Practice. The Coordinator's license shall be |
14 |
| returned in the same status as it was on the date of surrender, |
15 |
| credited with all fees and continuing education requirements |
16 |
| that came due during his or her employment.
Commissioner shall |
17 |
| appoint a Director of the Real Estate Appraisal Division for
a |
18 |
| term of 4 years. The
Director shall hold a valid
State
|
19 |
| certified general real estate appraiser or
State
certified |
20 |
| residential
real estate appraiser license, which shall be |
21 |
| surrendered to OBRE during the
term of his or her
appointment.
|
22 |
| The Coordinator
Director of the Real Estate Appraisal Division
|
23 |
| shall:
|
24 |
| (1) serve as a member of the Real Estate Appraisal |
25 |
| Administration and Disciplinary Board without vote;
|
26 |
| (2) be the direct liaison between the Department
OBRE , |
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| the profession, and the real
estate appraisal industry
|
2 |
| organizations and associations;
|
3 |
| (3) prepare and circulate to licensees such |
4 |
| educational and informational
material as the Department
|
5 |
| OBRE deems necessary for providing guidance or assistance |
6 |
| to licensees;
|
7 |
| (4) appoint necessary committees to assist in the |
8 |
| performance of the
functions and duties
of the Department
|
9 |
| OBRE under this Act; and
|
10 |
| (5) (blank).
subject to the administrative approval of |
11 |
| the Commissioner, supervise
the Real Estate
Appraisal |
12 |
| Division.
|
13 |
| In appointing the Director of the Real Estate Appraisal |
14 |
| Division, the
Commissioner shall give due
consideration to |
15 |
| members, organizations, and associations of the real estate
|
16 |
| appraisal industry.
|
17 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
18 |
| (225 ILCS 458/25-20)
|
19 |
| (Section scheduled to be repealed on January 1, 2012)
|
20 |
| Sec. 25-20. Department
OBRE ; powers and duties. The |
21 |
| Department of Financial and Professional Regulation
Office of |
22 |
| Banks and Real Estate
shall exercise the powers and duties |
23 |
| prescribed by the Civil Administrative
Code of Illinois for the |
24 |
| administration of licensing Acts and shall exercise
such other |
25 |
| powers and duties as are prescribed by this Act for the
|
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| administration of this Act. The Department
OBRE may contract |
2 |
| with third parties for services
necessary for the proper
|
3 |
| administration of this Act, including without limitation, |
4 |
| investigators with
the proper knowledge, training,
and skills |
5 |
| to properly investigate complaints against real estate |
6 |
| appraisers. Any investigator who is employed by the Department, |
7 |
| contractually or otherwise, must be a State certified real |
8 |
| estate appraiser.
|
9 |
| The Department
OBRE shall maintain and update a registry of |
10 |
| the names and addresses of
all licensees and a listing of |
11 |
| disciplinary orders issued pursuant to this Act
and shall |
12 |
| transmit the registry, along with any national registry fees |
13 |
| that may
be required, to the entity specified by, and in a |
14 |
| manner consistent with, Title
XI of the federal Financial |
15 |
| Institutions Reform, Recovery and Enforcement Act
of 1989.
|
16 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
17 |
| (225 ILCS 458/25-25)
|
18 |
| (Section scheduled to be repealed on January 1, 2012)
|
19 |
| Sec. 25-25. Rules. The Department
OBRE , after considering |
20 |
| any recommendations of the
Board, shall adopt rules that may be |
21 |
| necessary for
administration, implementation, and enforcement |
22 |
| of the Act.
|
23 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
24 |
| (225 ILCS 458/30-10)
|
|
|
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| (Section scheduled to be repealed on January 1, 2012)
|
2 |
| Sec. 30-10. Appraisal Administration Fund.
|
3 |
| (a) The Appraisal Administrative Fund, created under the |
4 |
| Real Estate License
Act of 1983 and continued under Section 40 |
5 |
| of the Real Estate Appraiser
Licensing Act, is continued under |
6 |
| this Act. All fees collected under this Act
shall be deposited |
7 |
| into the Appraisal Administration Fund, created in the State
|
8 |
| Treasury under the Real Estate License Act of 1983.
|
9 |
| (b) Appropriations
to the Department
OBRE from the |
10 |
| Appraisal Administration Fund for the purpose of
administering |
11 |
| the Real Estate Appraiser Licensing Act
may be used by the |
12 |
| Department
OBRE for the purpose of administering and enforcing |
13 |
| the
provisions of this Act.
|
14 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
15 |
| Section 99. Effective date. This Act takes effect January |
16 |
| 1, 2008.
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 205 ILCS 105/5-13 |
from Ch. 17, par. 3305-13 |
| 4 |
| 205 ILCS 205/6001 |
from Ch. 17, par. 7306-1 |
| 5 |
| 225 ILCS 454/10-28 new |
|
| 6 |
| 225 ILCS 458/1-10 |
|
| 7 |
| 225 ILCS 458/5-5 |
|
| 8 |
| 225 ILCS 458/5-10 |
|
| 9 |
| 225 ILCS 458/5-15 |
|
| 10 |
| 225 ILCS 458/5-20 |
|
| 11 |
| 225 ILCS 458/5-21 new |
|
| 12 |
| 225 ILCS 458/5-25 |
|
| 13 |
| 225 ILCS 458/5-30 |
|
| 14 |
| 225 ILCS 458/5-35 |
|
| 15 |
| 225 ILCS 458/5-40 |
|
| 16 |
| 225 ILCS 458/5-45 |
|
| 17 |
| 225 ILCS 458/5-55 |
|
| 18 |
| 225 ILCS 458/10-5 |
|
| 19 |
| 225 ILCS 458/10-10 |
|
| 20 |
| 225 ILCS 458/10-15 |
|
| 21 |
| 225 ILCS 458/10-20 |
|
| 22 |
| 225 ILCS 458/15-5 |
|
| 23 |
| 225 ILCS 458/15-10 |
|
| 24 |
| 225 ILCS 458/15-15 |
|
| 25 |
| 225 ILCS 458/15-17 new |
|
|
|
|
|
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| 1 |
| 225 ILCS 458/15-20 |
|
| 2 |
| 225 ILCS 458/15-30 |
|
| 3 |
| 225 ILCS 458/15-35 |
|
| 4 |
| 225 ILCS 458/15-40 |
|
| 5 |
| 225 ILCS 458/15-45 |
|
| 6 |
| 225 ILCS 458/15-50 |
|
| 7 |
| 225 ILCS 458/15-55 |
|
| 8 |
| 225 ILCS 458/15-60 |
|
| 9 |
| 225 ILCS 458/20-5 |
|
| 10 |
| 225 ILCS 458/20-10 |
|
| 11 |
| 225 ILCS 458/25-5 |
|
| 12 |
| 225 ILCS 458/25-10 |
|
| 13 |
| 225 ILCS 458/25-15 |
|
| 14 |
| 225 ILCS 458/25-20 |
|
| 15 |
| 225 ILCS 458/25-25 |
|
| 16 |
| 225 ILCS 458/30-10 |
|
|
|