Full Text of HB4452 101st General Assembly
HB4452 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4452 Introduced 2/3/2020, by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
| 30 ILCS 105/5.557 | | 225 ILCS 454/1-10 | | 225 ILCS 454/5-10 | | 225 ILCS 454/5-50 | | 225 ILCS 454/5-70 | | 225 ILCS 454/15-35 | | 225 ILCS 454/15-45 | | 225 ILCS 454/20-20 | | 225 ILCS 454/20-20.1 | | 225 ILCS 454/20-110 | | 225 ILCS 454/25-10 | | 225 ILCS 454/25-38 new | | 225 ILCS 454/30-15 | | 225 ILCS 454/30-25 | | 225 ILCS 454/25-21 rep. | | 225 ILCS 456/Act rep. | |
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Amends the Real Estate License Act of 2000. Makes changes in provisions concerning definitions; the expiration and renewal of a managing broker, broker, or residential leasing agent license; continuing education requirements; sponsoring brokers; agency relationship disclosure; dual agency; grounds for discipline; citations; licensing of education providers; approval of courses; and the Real Estate Administration and Disciplinary Board. Provides that on January 1, 2021, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Real Estate Audit Fund into the Real Estate License Administration Fund. Amends the State Finance Act to repeal provisions creating the Real Estate Audit Fund as a special fund in the State Treasury. Repeals the Real Estate Regulation Transfer Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by changing | 5 | | Section 5.557 as follows:
| 6 | | (30 ILCS 105/5.557)
| 7 | | Sec. 5.557. The Real Estate Audit Fund. This Section is | 8 | | repealed on July 1, 2021. | 9 | | (Source: P.A. 92-217, eff. 8-2-01; 92-651, eff. 7-11-02.)
| 10 | | Section 10. The Real Estate License Act of 2000 is amended | 11 | | by changing Sections 1-10, 5-10, 5-50, 5-70, 15-35, 15-45 | 12 | | 20-20, 20-20.1, 20-110, 25-10, 30-15, and 30-25 and by adding | 13 | | Section 25-38 as follows:
| 14 | | (225 ILCS 454/1-10)
| 15 | | (Section scheduled to be repealed on January 1, 2030)
| 16 | | Sec. 1-10. Definitions. In this Act, unless the context | 17 | | otherwise requires:
| 18 | | "Act" means the Real Estate License Act of 2000.
| 19 | | "Address of record" means the designated address recorded | 20 | | by the Department in the applicant's or licensee's application | 21 | | file or license file as maintained by the Department.
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| 1 | | "Agency" means a relationship in which a broker or | 2 | | licensee,
whether directly or through an affiliated licensee, | 3 | | represents a consumer by
the consumer's consent, whether | 4 | | express or implied, in a real property
transaction.
| 5 | | "Applicant" means any person, as defined in this Section, | 6 | | who applies to
the Department for a valid license as a managing | 7 | | broker, broker, or
residential leasing agent.
| 8 | | "Blind advertisement" means any real estate advertisement | 9 | | that is used by a licensee regarding the sale or lease of real | 10 | | estate, licensed activities, or the hiring of any licensee | 11 | | under this Act that does not
include the sponsoring broker's | 12 | | complete business name or, in the case of electronic | 13 | | advertisements, does not provide a direct link to a display | 14 | | with all the required disclosures. The broker's
business name | 15 | | in the case of a franchise shall include the franchise
| 16 | | affiliation as well as the name of the individual firm.
| 17 | | "Board" means the Real Estate Administration and | 18 | | Disciplinary Board of the Department as created by Section | 19 | | 25-10 of this Act.
| 20 | | "Broker" means an individual, entity, corporation, foreign | 21 | | or domestic partnership, limited liability company,
registered | 22 | | limited liability partnership, or other business entity other | 23 | | than a residential leasing agent who, whether in person or | 24 | | through any media or technology, for another and for | 25 | | compensation, or
with the intention or expectation of receiving | 26 | | compensation, either
directly or indirectly:
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| 1 | | (1) Sells, exchanges, purchases, rents, or leases real | 2 | | estate.
| 3 | | (2) Offers to sell, exchange, purchase, rent, or lease | 4 | | real estate.
| 5 | | (3) Negotiates, offers, attempts, or agrees to | 6 | | negotiate the sale,
exchange, purchase, rental, or leasing | 7 | | of real estate.
| 8 | | (4) Lists, offers, attempts, or agrees to list real | 9 | | estate for sale,
rent, lease, or exchange.
| 10 | | (5) Whether for another or themselves, engages in a | 11 | | pattern of business of buying, selling, offering to buy or | 12 | | sell, marketing for sale, exchanging, or otherwise dealing | 13 | | in contracts, including assignable contracts for the | 14 | | purchase or sale of, or options on
real estate or | 15 | | improvements thereon. For purposes of this definition, an | 16 | | individual or entity will be found to have engaged in a | 17 | | pattern of business if the individual or entity by itself | 18 | | or with any combination of other individuals or entities, | 19 | | whether as partners or common owners in another entity, has | 20 | | engaged in one or more of these practices on 2 or more | 21 | | occasions in any 12-month period.
| 22 | | (6) Supervises the collection, offer, attempt, or | 23 | | agreement
to collect rent for the use of real estate.
| 24 | | (7) Advertises or represents himself or herself as | 25 | | being engaged in the
business of buying, selling, | 26 | | exchanging, renting, or leasing real estate.
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| 1 | | (8) Assists or directs in procuring or referring of | 2 | | leads or prospects, intended to
result in the sale, | 3 | | exchange, lease, or rental of real estate.
| 4 | | (9) Assists or directs in the negotiation of any | 5 | | transaction intended to
result in the sale, exchange, | 6 | | lease, or rental of real estate.
| 7 | | (10) Opens real estate to the public for marketing | 8 | | purposes.
| 9 | | (11) Sells, rents, leases, or offers for sale or lease | 10 | | real estate at
auction.
| 11 | | (12) Prepares or provides a broker price opinion or | 12 | | comparative market analysis as those terms are defined in | 13 | | this Act, pursuant to the provisions of Section 10-45 of | 14 | | this Act. | 15 | | "Brokerage agreement" means a written or oral agreement | 16 | | between a sponsoring
broker and a consumer for licensed | 17 | | activities to be provided to a consumer in
return for | 18 | | compensation or the right to receive compensation from another.
| 19 | | Brokerage agreements may constitute either a bilateral or a | 20 | | unilateral
agreement between the broker and the broker's client | 21 | | depending upon the content
of the brokerage agreement. All | 22 | | exclusive brokerage agreements shall be in
writing.
| 23 | | "Broker price opinion" means an estimate or analysis of the | 24 | | probable selling price of a particular interest in real estate, | 25 | | which may provide a varying level of detail about the | 26 | | property's condition, market, and neighborhood and information |
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| 1 | | on comparable sales. The activities of a real estate broker or | 2 | | managing broker engaging in the ordinary course of business as | 3 | | a broker, as defined in this Section, shall not be considered a | 4 | | broker price opinion if no compensation is paid to the broker | 5 | | or managing broker, other than compensation based upon the sale | 6 | | or rental of real estate. A broker price opinion shall not be | 7 | | considered an appraisal within the meaning of the Real Estate | 8 | | Appraiser Licensing Act of 2002, any amendment to that Act, or | 9 | | any successor Act. | 10 | | "Client" means a person who is being represented by a | 11 | | licensee.
| 12 | | "Comparative market analysis" means an analysis or opinion | 13 | | regarding pricing, marketing, or financial aspects relating to | 14 | | a specified interest or interests in real estate that may be | 15 | | based upon an analysis of comparative market data, the | 16 | | expertise of the real estate broker or managing broker, and | 17 | | such other factors as the broker or managing broker may deem | 18 | | appropriate in developing or preparing such analysis or | 19 | | opinion. The activities of a real estate broker or managing | 20 | | broker engaging in the ordinary course of business as a broker, | 21 | | as defined in this Section, shall not be considered a | 22 | | comparative market analysis if no compensation is paid to the | 23 | | broker or managing broker, other than compensation based upon | 24 | | the sale or rental of real estate. A comparative market | 25 | | analysis shall not be considered an appraisal within the | 26 | | meaning of the Real Estate Appraiser Licensing Act of 2002, any |
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| 1 | | amendment to that Act, or any successor Act. | 2 | | "Compensation" means the valuable consideration given by | 3 | | one person or entity
to another person or entity in exchange | 4 | | for the performance of some activity or
service. Compensation | 5 | | shall include the transfer of valuable consideration,
| 6 | | including without limitation the following:
| 7 | | (1) commissions;
| 8 | | (2) referral fees;
| 9 | | (3) bonuses;
| 10 | | (4) prizes;
| 11 | | (5) merchandise;
| 12 | | (6) finder fees;
| 13 | | (7) performance of services;
| 14 | | (8) coupons or gift certificates;
| 15 | | (9) discounts;
| 16 | | (10) rebates;
| 17 | | (11) a chance to win a raffle, drawing, lottery, or | 18 | | similar game of chance
not prohibited by any other law or | 19 | | statute;
| 20 | | (12) retainer fee; or
| 21 | | (13) salary.
| 22 | | "Confidential information" means information obtained by a | 23 | | licensee from a
client during the term of a brokerage agreement | 24 | | that (i) was made confidential
by the written request or | 25 | | written instruction of the client, (ii) deals with
the | 26 | | negotiating position of the client, or (iii) is information the |
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| 1 | | disclosure
of which could materially harm the negotiating | 2 | | position of the client, unless
at any time:
| 3 | | (1) the client permits the disclosure of information | 4 | | given by that client
by word or conduct;
| 5 | | (2) the disclosure is required by law; or
| 6 | | (3) the information becomes public from a source other | 7 | | than the licensee.
| 8 | | "Confidential information" shall not be considered to | 9 | | include material
information about the physical condition of | 10 | | the property.
| 11 | | "Consumer" means a person or entity seeking or receiving | 12 | | licensed
activities.
| 13 | | "Coordinator" means the Coordinator of Real Estate created | 14 | | in Section 25-15 of this Act.
| 15 | | "Credit hour" means 50 minutes of instruction in course | 16 | | work that
meets the requirements set forth in rules adopted by | 17 | | the Department.
| 18 | | "Customer" means a consumer who is not being represented by | 19 | | the licensee.
| 20 | | "Department" means the Department of Financial and | 21 | | Professional Regulation. | 22 | | "Designated agency" means a contractual relationship | 23 | | between a sponsoring
broker and a client under Section 15-50 of | 24 | | this Act in which one or more
licensees associated with or | 25 | | employed by the broker are designated as agent of
the client.
| 26 | | "Designated agent" means a sponsored licensee named by a |
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| 1 | | sponsoring broker as
the legal agent of a client, as provided | 2 | | for in Section 15-50 of this Act.
| 3 | | "Designated managing broker" means a managing broker who | 4 | | has supervisory responsibilities for licensees in one or, in | 5 | | the case of a multi-office company, more than one office and | 6 | | who has been appointed as such by the sponsoring broker | 7 | | registered with the Department. | 8 | | "Director" means the Director of Real Estate within the | 9 | | Department of Financial and Professional Regulation. | 10 | | "Dual agency" means an agency relationship in which a | 11 | | licensee is
representing both buyer and seller or both landlord | 12 | | and tenant in the same
transaction. When the agency | 13 | | relationship is a designated agency, the
question of whether | 14 | | there is a dual agency shall be determined by the agency
| 15 | | relationships of the designated agent of the parties and not of | 16 | | the sponsoring
broker.
| 17 | | "Education provider" means a school licensed by the | 18 | | Department offering courses in pre-license, post-license, or | 19 | | continuing education required by this Act. | 20 | | "Employee" or other derivative of the word "employee", when | 21 | | used to refer to,
describe, or delineate the relationship | 22 | | between a sponsoring broker and a managing broker, broker, or a | 23 | | residential leasing agent, shall be
construed to include an | 24 | | independent contractor relationship, provided that a
written | 25 | | agreement exists that clearly establishes and states the | 26 | | relationship.
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| 1 | | "Escrow moneys" means all moneys, promissory notes or any | 2 | | other type or
manner of legal tender or financial consideration | 3 | | deposited with any person for
the benefit of the parties to the | 4 | | transaction. A transaction exists once an
agreement has been | 5 | | reached and an accepted real estate contract signed or lease
| 6 | | agreed to by the parties. Escrow moneys includes without | 7 | | limitation earnest
moneys and security deposits, except those | 8 | | security deposits in which the
person holding the security | 9 | | deposit is also the sole owner of the property
being leased and | 10 | | for which the security deposit is being held.
| 11 | | "Electronic means of proctoring" means a methodology | 12 | | providing assurance that the person taking a test and | 13 | | completing the answers to questions is the person seeking | 14 | | licensure or credit for continuing education and is doing so | 15 | | without the aid of a third party or other device. | 16 | | "Exclusive brokerage agreement" means a written brokerage | 17 | | agreement that provides that the sponsoring broker has the sole | 18 | | right, through one or more sponsored licensees, to act as the | 19 | | exclusive agent or representative of the client and that meets | 20 | | the requirements of Section 15-75 of this Act.
| 21 | | "Inactive" means a status of licensure where the licensee | 22 | | holds a current
license under this Act, but the licensee is | 23 | | prohibited from engaging in
licensed activities because the | 24 | | licensee is unsponsored or the license of the
sponsoring broker | 25 | | with whom the licensee is associated or by whom he or she is
| 26 | | employed is currently expired, revoked, suspended, or |
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| 1 | | otherwise rendered
invalid under this Act. The license of any | 2 | | business entity that is not in good standing with the Illinois | 3 | | Secretary of State, or is not authorized to conduct business in | 4 | | Illinois, shall immediately become inactive and that entity | 5 | | shall be prohibited from engaging in any licensed activities.
| 6 | | "Leads" means the name or names of a potential buyer, | 7 | | seller, lessor, lessee, or client of a licensee.
| 8 | | "License" means the privilege conferred by the Department | 9 | | to a person that has fulfilled all requirements prerequisite to | 10 | | any type of licensure under this
Act.
| 11 | | "Licensed activities" means those activities listed in the | 12 | | definition of
"broker" under this Section.
| 13 | | "Licensee" means any person, as defined in this Section, | 14 | | who holds a
valid unexpired license as a managing broker, | 15 | | broker, or
residential leasing agent.
| 16 | | "Listing presentation" means any communication, written or | 17 | | oral and by any means or media, between a managing broker or
| 18 | | broker and a consumer in which the licensee is attempting to | 19 | | secure a
brokerage agreement with the consumer to market the | 20 | | consumer's real estate for
sale or lease.
| 21 | | "Managing broker" means a licensee who may be authorized to | 22 | | assume responsibilities as a designated managing broker for
| 23 | | licensees in one or, in the case of a multi-office company, | 24 | | more than one
office, upon appointment by the sponsoring broker | 25 | | and registration with the Department. A managing broker may act | 26 | | as his or her own sponsor.
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| 1 | | "Medium of advertising" means any method of communication | 2 | | intended to
influence the general public to use or purchase a | 3 | | particular good or service or
real estate, including, but not | 4 | | limited to, print, electronic, social media, and digital | 5 | | forums.
| 6 | | "Office" means a broker's place of business where the | 7 | | general
public is invited to transact business and where | 8 | | records may be maintained and
licenses readily available | 9 | | displayed , whether or not it is the broker's principal place of
| 10 | | business.
| 11 | | "Person" means and includes individuals, entities, | 12 | | corporations, limited
liability companies, registered limited | 13 | | liability partnerships, foreign and domestic
partnerships, and | 14 | | other business entities, except that when the context otherwise
| 15 | | requires, the term may refer to a single individual or other | 16 | | described entity.
| 17 | | "Proctor" means any person, including, but not limited to, | 18 | | an instructor, who has a written agreement to administer | 19 | | examinations fairly and impartially with a licensed education | 20 | | provider. | 21 | | "Real estate" means and includes leaseholds as well as any | 22 | | other interest or
estate in land, whether corporeal, | 23 | | incorporeal, freehold, or non-freehold and whether the real | 24 | | estate is situated in this
State or elsewhere. "Real estate" | 25 | | does not include property sold, exchanged, or leased as a | 26 | | timeshare or similar vacation item or interest, vacation club |
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| 1 | | membership, or other activity formerly regulated under the Real | 2 | | Estate Timeshare Act of 1999 (repealed).
| 3 | | "Regular employee" means a person working an average of 20 | 4 | | hours per week for a person or entity who would be considered | 5 | | as an employee under the Internal Revenue Service rules for | 6 | | classifying workers.
| 7 | | "Renewal period" means the period beginning 90 days prior | 8 | | to the expiration date of a license. | 9 | | "Residential leasing agent" means a person who is employed | 10 | | by a broker to
engage in licensed activities limited to leasing | 11 | | residential real estate who
has obtained a license as provided | 12 | | for in Section 5-5 of this Act. | 13 | | "Secretary" means the Secretary of the Department of | 14 | | Financial and Professional Regulation, or a person authorized | 15 | | by the Secretary to act in the Secretary's stead. | 16 | | "Sponsoring broker" means the broker who certifies to the | 17 | | Department his, her, or its sponsorship of a
licensed managing | 18 | | broker, broker, or a residential leasing agent.
| 19 | | "Sponsorship" means that a sponsoring broker has certified | 20 | | to the Department that a managing broker, broker,
or | 21 | | residential leasing agent named thereon is employed by or | 22 | | associated by written
agreement with the sponsoring broker and | 23 | | the Department has registered the sponsorship, as provided for | 24 | | in Section
5-40 of this Act.
| 25 | | "Team" means any 2 or more licensees who work together to | 26 | | provide real estate brokerage services, represent themselves |
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| 1 | | to the public as being part of a team or group, are identified | 2 | | by a team name that is different than their sponsoring broker's | 3 | | name, and together are supervised by the same managing broker | 4 | | and sponsored by the same sponsoring broker. "Team" does not | 5 | | mean a separately organized, incorporated, or legal entity. | 6 | | (Source: P.A. 100-188, eff. 1-1-18; 100-534, eff. 9-22-17; | 7 | | 100-831, eff. 1-1-19; 100-863, eff. 8-14-18; 101-357, eff. | 8 | | 8-9-19.)
| 9 | | (225 ILCS 454/5-10)
| 10 | | (Section scheduled to be repealed on January 1, 2030)
| 11 | | Sec. 5-10. Requirements for license as a residential | 12 | | leasing agent; continuing education. | 13 | | (a) Every applicant for licensure as a residential leasing | 14 | | agent must meet the following qualifications: | 15 | | (1) be at least 18 years of age; | 16 | | (2) be of good moral
character; | 17 | | (3) successfully complete
a 4-year course of study in a | 18 | | high school or secondary school or an
equivalent course of
| 19 | | study approved by the state in which the school is located, | 20 | | or possess a high school equivalency certificate, which | 21 | | shall be verified under oath by the applicant; | 22 | | (4) personally take and pass a written
examination | 23 | | authorized by the Department sufficient to demonstrate the | 24 | | applicant's
knowledge of the
provisions of this Act | 25 | | relating to residential leasing agents and the applicant's
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| 1 | | competence to engage in the
activities of a licensed | 2 | | residential leasing agent; | 3 | | (5) provide satisfactory evidence of having completed | 4 | | 15 hours of
instruction in an approved course of study | 5 | | relating to the leasing of residential real property. The | 6 | | Board may recommend to the Department the number of hours | 7 | | each topic of study shall require. The
course of study | 8 | | shall, among other topics, cover
the provisions of this Act
| 9 | | applicable to residential leasing agents; fair housing and | 10 | | human rights issues relating to residential
leasing; | 11 | | advertising and marketing issues;
leases, applications, | 12 | | and credit and criminal background reports; owner-tenant | 13 | | relationships and
owner-tenant laws; the handling of | 14 | | funds; and
environmental issues relating
to residential | 15 | | real
property; | 16 | | (6) complete any other requirements as set forth by | 17 | | rule; and
| 18 | | (7) present a valid application for issuance of an | 19 | | initial license accompanied by fees specified by rule. | 20 | | (b) No applicant shall engage in any of the activities | 21 | | covered by this Act without a valid license and until a valid | 22 | | sponsorship has been registered with the Department. | 23 | | (c) Successfully completed course work, completed pursuant | 24 | | to the
requirements of this
Section, may be applied to the | 25 | | course work requirements to obtain a managing
broker's or
| 26 | | broker's license as provided by rule. The Board may
recommend |
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| 1 | | to the Department and the Department may adopt requirements for | 2 | | approved courses, course
content, and the
approval of courses, | 3 | | instructors, and education providers, as well as education | 4 | | provider and instructor
fees. The Department may
establish | 5 | | continuing education requirements for residential licensed | 6 | | leasing agents, by
rule, consistent with the language and | 7 | | intent of this Act, with the advice of
the Board.
| 8 | | (d) The continuing education requirement for residential | 9 | | leasing agents shall consist of a single core curriculum to be | 10 | | prescribed by the Department as recommended by the Board. | 11 | | Leasing agents shall be required to complete no less than 8 | 12 | | hours of continuing education in the core curriculum during the | 13 | | term of the license for each 2-year renewal period . The | 14 | | curriculum shall, at a minimum, consist of a single course or | 15 | | courses on the subjects of fair housing and human rights issues | 16 | | related to residential leasing, advertising and marketing | 17 | | issues, leases, applications, credit reports, and criminal | 18 | | history, the handling of funds, owner-tenant relationships and | 19 | | owner-tenant laws, and environmental issues relating to | 20 | | residential real estate. | 21 | | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
| 22 | | (225 ILCS 454/5-50)
| 23 | | (Section scheduled to be repealed on January 1, 2030)
| 24 | | Sec. 5-50. Expiration and renewal of managing broker, | 25 | | broker, or residential
leasing agent license; sponsoring |
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| 1 | | broker;
register of licensees. | 2 | | (a) The expiration date and renewal period for each license | 3 | | issued under
this Act shall be set by
rule. Except as otherwise | 4 | | provided in this Section, the holder of
a
license may renew
the | 5 | | license within 90 days preceding the expiration date thereof by | 6 | | completing the continuing education required by this Act and | 7 | | paying the
fees specified by
rule.
| 8 | | (b) An individual whose first license is that of a broker | 9 | | received on or after the effective date of this amendatory Act | 10 | | of the 101st General Assembly, must provide evidence of having | 11 | | completed 45 hours of post-license education presented in a | 12 | | classroom or a live, interactive webinar, or online distance | 13 | | education course, and which shall require passage of a final | 14 | | examination.
| 15 | | The Board may recommend, and the Department shall approve, | 16 | | 45 hours of post-license education, consisting of three 15-hour | 17 | | post-license courses, one each that covers applied brokerage | 18 | | principles, risk management/discipline, and transactional | 19 | | issues. Each of the courses shall require its own 50-question | 20 | | final examination, which shall be administered by the education | 21 | | provider that delivers the course. | 22 | | Individuals whose first license is that of a broker | 23 | | received on or after the effective date of this amendatory Act | 24 | | of the 101st General Assembly, must complete all three 15-hour | 25 | | courses and successfully pass a course final examination for | 26 | | each course prior to the date of the next broker renewal |
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| 1 | | deadline, except for those individuals who receive their first | 2 | | license within the 180 days preceding the next broker renewal | 3 | | deadline, who must complete all three 15-hour courses and | 4 | | successfully pass a course final examination for each course | 5 | | prior to the second broker renewal deadline that follows the | 6 | | receipt of their license. | 7 | | (c) Any managing broker, broker, or residential leasing | 8 | | agent whose license under this Act has expired shall be | 9 | | eligible to renew the license during the 2-year period | 10 | | following the expiration date, provided the managing broker, | 11 | | broker, or residential leasing agent pays the fees as | 12 | | prescribed by rule and completes continuing education and other | 13 | | requirements provided for by the Act or by rule. A managing | 14 | | broker, broker, or residential leasing agent whose license has | 15 | | been expired for more than 2 years but less than 5 years may | 16 | | have it restored by (i) applying to the Department, (ii) paying | 17 | | the required fee, (iii) completing the continuing education | 18 | | requirements for the most recent term of licensure pre-renewal | 19 | | period that ended prior to the date of the application for | 20 | | reinstatement, and (iv) filing acceptable proof of fitness to | 21 | | have his or her license restored, as set by rule. A managing | 22 | | broker, broker, or residential leasing agent whose license has | 23 | | been expired for more than 5 years shall be required to meet | 24 | | the requirements for a new license.
| 25 | | (d) Notwithstanding any other provisions of this Act to the | 26 | | contrary, any managing broker, broker, or residential leasing |
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| 1 | | agent whose license expired while he or she was (i) on active | 2 | | duty with the Armed Forces of the United States or called into | 3 | | service or training by the state militia, (ii) engaged in | 4 | | training or education under the supervision of the United | 5 | | States preliminary to induction into military service, or (iii) | 6 | | serving as the Coordinator of Real Estate in the State of | 7 | | Illinois or as an employee of the Department may have his or | 8 | | her license renewed, reinstated or restored without paying any | 9 | | lapsed renewal fees if within 2 years after the termination of | 10 | | the service, training or education by furnishing the Department | 11 | | with satisfactory evidence of service, training, or education | 12 | | and it has been terminated under honorable conditions. | 13 | | (e) Each licensee shall carry on his or her person his or
| 14 | | her license or an electronic version thereof. | 15 | | (f) The Department shall provide to the sponsoring broker a | 16 | | notice of renewal for all sponsored licensees by mailing the | 17 | | notice to the sponsoring broker's address of record, or, at the | 18 | | Department's discretion, emailing the notice to the sponsoring | 19 | | broker's email address of record. | 20 | | (g) Upon request from the sponsoring broker, the Department | 21 | | shall make available to the sponsoring broker, by electronic | 22 | | means at the discretion of the Department, a listing of | 23 | | licensees under this Act who, according to the records of the | 24 | | Department, are sponsored by that broker. Every licensee | 25 | | associated with or employed by a broker whose license is | 26 | | revoked, suspended, or expired shall be considered inactive |
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| 1 | | until such time as the sponsoring broker's license is | 2 | | reinstated or renewed, or a new valid sponsorship is registered | 3 | | with the Department the licensee changes employment as set | 4 | | forth in subsection (b) (c) of Section 5-40 of this Act. | 5 | | (h) The Department shall not renew a license if the | 6 | | licensee has an unpaid fine from a disciplinary matter or an | 7 | | unpaid fee from a non-disciplinary action imposed by the | 8 | | Department until the fine or fee is paid to the Department or | 9 | | the licensee has entered into a payment plan and is current on | 10 | | the required payments. | 11 | | (i) The Department shall not issue a license if the | 12 | | applicant has an unpaid fine imposed by the Department for | 13 | | unlicensed practice until the fine is paid to the Department or | 14 | | the applicant has entered into a payment plan and is current on | 15 | | the required payments. | 16 | | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
| 17 | | (225 ILCS 454/5-70)
| 18 | | (Section scheduled to be repealed on January 1, 2030)
| 19 | | Sec. 5-70. Continuing education requirement; managing | 20 | | broker or broker.
| 21 | | (a) The requirements of this Section apply to all managing | 22 | | brokers and brokers.
| 23 | | (b) Except as otherwise
provided in this Section, each
| 24 | | person who applies for renewal of his or her license as a | 25 | | managing broker or broker must successfully complete 12 hours |
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| 1 | | of real estate continuing education
courses recommended by the | 2 | | Board and approved by
the Department during the current term of | 3 | | the license. In addition, those licensees renewing or obtaining | 4 | | a managing broker's license must successfully complete a | 5 | | 12-hour broker management continuing education course approved | 6 | | by the Department during the current term of the license. The | 7 | | broker management continuing education course must be | 8 | | completed in the classroom or through a live, interactive | 9 | | webinar or online distance education format. No
license may be | 10 | | renewed
except upon the successful completion of the required | 11 | | courses or their
equivalent or upon a waiver
of those | 12 | | requirements for good cause shown as determined by the | 13 | | Secretary upon
the
recommendation of the Board.
The | 14 | | requirements of this Article are applicable to all managing | 15 | | brokers and brokers
except those managing brokers
and brokers | 16 | | who, during the term of the license renewal period :
| 17 | | (1) serve in the armed services of the United States;
| 18 | | (2) serve as an elected State or federal official;
| 19 | | (3) serve as a full-time employee of the Department; or
| 20 | | (4) are admitted to practice law pursuant to Illinois | 21 | | Supreme Court rule.
| 22 | | (c) (Blank). | 23 | | (d) A
person receiving an initial license
during the 90 | 24 | | days before the renewal date shall not be
required to complete | 25 | | the continuing
education courses provided for in subsection (b) | 26 | | of this
Section as a condition of initial license renewal.
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| 1 | | (e) The continuing education requirement for brokers and | 2 | | managing brokers shall
consist of a single core
curriculum and | 3 | | an elective curriculum, to be recommended by the Board and | 4 | | approved by the Department in accordance with this subsection. | 5 | | The core curriculum shall not be further divided into | 6 | | subcategories or divisions of instruction. The core curriculum | 7 | | shall consist of 4 hours during the current term of the license | 8 | | on subjects that may include, but are not limited to, | 9 | | advertising, agency, disclosures, escrow, fair housing, | 10 | | residential leasing agent management, and license law. The | 11 | | amount of time allotted to each of these subjects shall be | 12 | | recommended by the Board and determined by the Department. The | 13 | | Department, upon the recommendation of the Board, shall review | 14 | | the core curriculum every 4 years, at a minimum, and shall | 15 | | revise the curriculum if necessary. However, the core | 16 | | curriculum's total hourly requirement shall only be subject to | 17 | | change by amendment of this subsection, and any change to the | 18 | | core curriculum shall not be effective for a period of 6 months | 19 | | after such change is made by the Department. The Department | 20 | | shall provide notice to all approved education providers of any | 21 | | changes to the core curriculum. When determining whether | 22 | | revisions of the core curriculum's subjects or specific time | 23 | | requirements are necessary, the Board shall consider
recent | 24 | | changes in applicable laws, new laws, and areas
of the license | 25 | | law and the Department policy that the Board deems appropriate,
| 26 | | and any other subject
areas the Board deems timely and |
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| 1 | | applicable in order to prevent
violations of this Act
and to | 2 | | protect the public.
In establishing a recommendation to the | 3 | | Department regarding the elective curriculum, the Board shall | 4 | | consider
subjects that cover
the various aspects of the | 5 | | practice of real estate that are covered under the
scope of | 6 | | this Act.
| 7 | | (f) The subject areas of continuing education courses | 8 | | recommended by the Board and approved by the Department shall | 9 | | be meant to protect the professionalism of the industry, the | 10 | | consumer, and the public and prevent violations of this Act and
| 11 | | may
include without limitation the following:
| 12 | | (1) license law and escrow;
| 13 | | (2) antitrust;
| 14 | | (3) fair housing;
| 15 | | (4) agency;
| 16 | | (5) appraisal;
| 17 | | (6) property management;
| 18 | | (7) residential brokerage;
| 19 | | (8) farm property management;
| 20 | | (9) transaction management rights and duties of | 21 | | parties in a transaction;
| 22 | | (10) commercial brokerage and leasing;
| 23 | | (11) real estate financing;
| 24 | | (12) disclosures; | 25 | | (13) residential leasing agent management; | 26 | | (14) advertising; |
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| 1 | | (15) broker supervision and managing designated broker | 2 | | responsibility; | 3 | | (16) professional conduct; and | 4 | | (17) use of technology. | 5 | | (g) In lieu of credit for those courses listed in | 6 | | subsection (f) of this
Section, credit may be
earned for | 7 | | serving as a licensed instructor in an approved course of | 8 | | continuing
education. The
amount of credit earned for teaching | 9 | | a course shall be the amount of continuing
education credit for
| 10 | | which the course is approved for licensees taking the course.
| 11 | | (h) Credit hours may be earned for self-study programs | 12 | | approved by the Department.
| 13 | | (i) A managing broker or broker may earn credit for a | 14 | | specific continuing
education course only
once during the | 15 | | current term of the license.
| 16 | | (j) No more than 12 hours of continuing education credit | 17 | | may be taken in one
calendar day.
| 18 | | (k) To promote the offering of a uniform and consistent | 19 | | course content, the Department may provide for the development | 20 | | of a single broker management course to be offered by all | 21 | | education providers who choose to offer the broker management | 22 | | continuing education course. The Department may contract for | 23 | | the development of the 12-hour broker management continuing | 24 | | education course with an outside vendor or consultant and, if | 25 | | the course is developed in this manner, the Department or the | 26 | | outside consultant shall license the use of that course to all |
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| 1 | | approved education providers who wish to provide the course.
| 2 | | (l) Except as specifically provided in this Act, continuing | 3 | | education credit hours may not be earned for completion of | 4 | | pre-license or post-license courses. The courses comprising | 5 | | the approved 45-hour post-license curriculum for broker | 6 | | licensees shall satisfy the continuing education requirement | 7 | | for the initial broker license term period in which the courses | 8 | | are taken . The approved 45-hour managing broker pre-license | 9 | | brokerage administration and management course shall satisfy | 10 | | the 12-hour broker management continuing education requirement | 11 | | for the initial managing broker license term in which the | 12 | | course is taken . | 13 | | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
| 14 | | (225 ILCS 454/15-35)
| 15 | | (Section scheduled to be repealed on January 1, 2030)
| 16 | | Sec. 15-35. Agency relationship disclosure.
| 17 | | (a) A licensee acting as a designated agent shall advise a | 18 | | consumer in writing, no later than beginning to work as a | 19 | | designated agent on behalf of the consumer, of the following:
| 20 | | (1) That a designated agency relationship exists, | 21 | | unless there is written
agreement
between the sponsoring | 22 | | broker and the consumer providing for a different agency
| 23 | | relationship; and
| 24 | | (2) The name or names of his or her designated agent or | 25 | | agents on the written disclosure, which can be included in |
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| 1 | | a brokerage agreement or be a separate document, a copy of | 2 | | which is retained by the sponsoring broker real estate | 3 | | brokerage firm for the licensee.
| 4 | | (b) The licensee representing the consumer shall discuss | 5 | | with the consumer the sponsoring broker's compensation and | 6 | | policy with regard to
cooperating with
brokers who represent | 7 | | other parties in a transaction.
| 8 | | (c) A licensee shall disclose in writing to a customer that | 9 | | the licensee is
not acting as the agent
of the customer at a | 10 | | time intended to prevent disclosure of confidential
| 11 | | information from a
customer to a licensee, but in no event | 12 | | later than the preparation of an offer
to purchase or lease | 13 | | real
property.
| 14 | | (Source: P.A. 101-357, eff. 8-9-19.)
| 15 | | (225 ILCS 454/15-45)
| 16 | | (Section scheduled to be repealed on January 1, 2030)
| 17 | | Sec. 15-45. Dual agency.
| 18 | | (a) An individual licensee may act as a dual agent or a | 19 | | sponsoring broker may permit one or more of its sponsored | 20 | | licensees to act as dual agents in the same transaction only | 21 | | with the informed written
consent of all clients.
Informed | 22 | | written consent shall be presumed to have been given by any | 23 | | client who
signs a document
that includes the following:
| 24 | | "The undersigned (insert name(s)), ("Licensee"), may | 25 | | undertake a dual
representation (represent
both the seller |
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| 1 | | or landlord and the buyer or tenant) for the sale or lease | 2 | | of
property. The
undersigned acknowledge they were | 3 | | informed of the possibility of this type of
representation.
| 4 | | Before signing this document please read the following:
| 5 | | Representing more than one party to a transaction presents | 6 | | a conflict of
interest since both clients
may rely upon | 7 | | Licensee's advice and the client's respective interests | 8 | | may be
adverse to each other.
Licensee will undertake this | 9 | | representation only with the written consent of
ALL clients | 10 | | in the
transaction.
Any agreement between the clients as to | 11 | | a final contract price and other terms
is a result of
| 12 | | negotiations between the clients acting in their own best | 13 | | interests and on
their own behalf. You
acknowledge that | 14 | | Licensee has explained the implications of dual
| 15 | | representation, including the
risks involved, and | 16 | | understand that you have been advised to seek independent
| 17 | | advice from your
advisors or attorneys before signing any | 18 | | documents in this transaction.
| 19 | | WHAT A LICENSEE CAN DO FOR CLIENTS
| 20 | | WHEN ACTING AS A DUAL AGENT
| 21 | | 1. Treat all clients honestly.
| 22 | | 2. Provide information about the property to the buyer or | 23 | | tenant.
| 24 | | 3. Disclose all latent material defects in the property | 25 | | that are known to
the
Licensee.
| 26 | | 4. Disclose financial qualification of the buyer or tenant |
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| 1 | | to the seller or
landlord.
| 2 | | 5. Explain real estate terms.
| 3 | | 6. Help the buyer or tenant to arrange for property | 4 | | inspections.
| 5 | | 7. Explain closing costs and procedures.
| 6 | | 8. Help the buyer compare financing alternatives.
| 7 | | 9. Provide information about comparable properties that | 8 | | have sold so both
clients may
make educated decisions on | 9 | | what price to accept or offer.
| 10 | | WHAT LICENSEE CANNOT DISCLOSE TO CLIENTS WHEN
| 11 | | ACTING AS A DUAL AGENT
| 12 | | 1. Confidential information that Licensee may know about a | 13 | | client,
without that
client's permission.
| 14 | | 2. The price or terms the seller or landlord will take | 15 | | other than the listing price
without
permission of the | 16 | | seller or landlord.
| 17 | | 3. The price or terms the buyer or tenant is willing to pay | 18 | | without permission of the
buyer or tenant.
| 19 | | 4. A recommended or suggested price or terms the buyer or | 20 | | tenant should offer.
| 21 | | 5. A recommended or suggested price or terms the seller or | 22 | | landlord should counter
with or
accept.
| 23 | | If either client is uncomfortable with this disclosure | 24 | | and dual
representation, please
let Licensee know.
You are | 25 | | not required to sign this document unless you want to allow | 26 | | Licensee to
proceed as a Dual Agent in this transaction.
By |
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| 1 | | signing below, you acknowledge that you have read and | 2 | | understand this form
and voluntarily consent to Licensee | 3 | | acting as a Dual Agent (that is, to
represent
BOTH the | 4 | | seller or landlord and the buyer or tenant) should that | 5 | | become
necessary."
| 6 | | (b) The dual agency disclosure form provided for in | 7 | | subsection (a) of this
Section must be
presented by a licensee, | 8 | | who offers dual representation, to the client at the
time the | 9 | | brokerage
agreement is entered into and may be signed by the | 10 | | client at that time or at
any time before the
licensee acts as | 11 | | a dual agent as to the client.
| 12 | | (c) A licensee acting in a dual agency capacity in a | 13 | | transaction must obtain
a written
confirmation from the | 14 | | licensee's clients of their prior consent for the
licensee to
| 15 | | act as a dual agent in the
transaction.
This confirmation | 16 | | should be obtained at the time the clients are executing any
| 17 | | offer or contract to
purchase or lease in a transaction in | 18 | | which the licensee is acting as a dual
agent. This confirmation
| 19 | | may be included in another document, such as a contract to | 20 | | purchase, in which
case the client must
not only sign the | 21 | | document but also initial the confirmation of dual agency
| 22 | | provision. That
confirmation must state, at a minimum, the | 23 | | following:
| 24 | | "The undersigned confirm that they have previously | 25 | | consented to (insert
name(s)),
("Licensee"), acting as a | 26 | | Dual Agent in providing brokerage services on their
behalf
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| 1 | | and specifically consent to Licensee acting as a Dual Agent | 2 | | in regard to the
transaction referred to in this document."
| 3 | | (d) No cause of action shall arise on behalf of any person | 4 | | against a dual
agent for making
disclosures allowed or required | 5 | | by this Article, and the dual agent does not
terminate any | 6 | | agency
relationship by making the allowed or required | 7 | | disclosures.
| 8 | | (e) In the case of dual agency, each client and the | 9 | | licensee possess only
actual knowledge and
information. There | 10 | | shall be no imputation of knowledge or information among or
| 11 | | between clients,
brokers, or their affiliated licensees.
| 12 | | (f) In any transaction, a licensee may without liability | 13 | | withdraw from
representing a client who
has not consented to a | 14 | | disclosed dual agency. The withdrawal shall not
prejudice the | 15 | | ability of the
licensee to continue to represent the other | 16 | | client in the transaction or limit
the licensee from
| 17 | | representing the client in other transactions. When a | 18 | | withdrawal as
contemplated in this subsection
(f) occurs, the | 19 | | licensee shall not receive a referral fee for referring a
| 20 | | client to another licensee unless
written disclosure is made to | 21 | | both the withdrawing client and the client that
continues to be
| 22 | | represented by the licensee.
| 23 | | (g) A licensee shall not serve as a dual agent in any | 24 | | transaction in which the licensee, or an entity in which the | 25 | | licensee has an interest, is a party to the transaction. | 26 | | (Source: P.A. 101-357, eff. 8-9-19.)
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| 1 | | (225 ILCS 454/20-20)
| 2 | | (Section scheduled to be repealed on January 1, 2030)
| 3 | | Sec. 20-20. Nature of and grounds for discipline. | 4 | | (a) The Department may refuse to issue or renew a license, | 5 | | may place on probation, suspend,
or
revoke any
license, | 6 | | reprimand, or take any other disciplinary or non-disciplinary | 7 | | action as the Department may deem proper and impose a
fine not | 8 | | to exceed
$25,000 upon any licensee or applicant under this Act | 9 | | or any person who holds himself or herself out as an applicant | 10 | | or licensee or against a licensee in handling his or her own | 11 | | property, whether held by deed, option, or otherwise, for any | 12 | | one or any combination of the
following causes:
| 13 | | (1) Fraud or misrepresentation in applying for, or | 14 | | procuring, a license under this Act or in connection with | 15 | | applying for renewal of a license under this Act.
| 16 | | (2) The licensee's conviction of or plea of guilty or | 17 | | plea of nolo contendere to: (A) a felony or misdemeanor in | 18 | | this State or any other jurisdiction; or (B) the entry of | 19 | | an administrative sanction by a government agency in this | 20 | | State or any other jurisdiction. Action taken under this | 21 | | paragraph (2) for a misdemeanor or an administrative | 22 | | sanction is limited to a misdemeanor or administrative | 23 | | sanction that has as an
essential element dishonesty or | 24 | | fraud or involves larceny, embezzlement,
or obtaining | 25 | | money, property, or credit by false pretenses or by means |
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| 1 | | of a
confidence
game.
| 2 | | (3) Inability to practice the profession with | 3 | | reasonable judgment, skill, or safety as a result of a | 4 | | physical illness , including, but not limited to, | 5 | | deterioration through the aging process or loss of motor | 6 | | skill, or a mental illness or disability.
| 7 | | (4) Practice under this Act as a licensee in a retail | 8 | | sales establishment from an office, desk, or space that
is | 9 | | not
separated from the main retail business and located | 10 | | within a separate and distinct area within
the
| 11 | | establishment.
| 12 | | (5) Having been disciplined by another state, the | 13 | | District of Columbia, a territory, a foreign nation, or a | 14 | | governmental agency authorized to impose discipline if at | 15 | | least one of the grounds for that discipline is the same as | 16 | | or
the
equivalent of one of the grounds for which a | 17 | | licensee may be disciplined under this Act. A certified | 18 | | copy of the record of the action by the other state or | 19 | | jurisdiction shall be prima facie evidence thereof.
| 20 | | (6) Engaging in the practice of real estate brokerage
| 21 | | without a
license or after the licensee's license or | 22 | | temporary permit was expired or while the license was | 23 | | inactive, revoked, or suspended.
| 24 | | (7) Cheating on or attempting to subvert the Real
| 25 | | Estate License Exam or a continuing education course or | 26 | | examination. |
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| 1 | | (8) Aiding or abetting an applicant
to
subvert or cheat | 2 | | on the Real Estate License Exam or continuing education | 3 | | exam
administered pursuant to this Act.
| 4 | | (9) Advertising that is inaccurate, misleading, or | 5 | | contrary to the provisions of the Act.
| 6 | | (10) Making any substantial misrepresentation or | 7 | | untruthful advertising.
| 8 | | (11) Making any false promises of a character likely to | 9 | | influence,
persuade,
or induce.
| 10 | | (12) Pursuing a continued and flagrant course of | 11 | | misrepresentation or the
making
of false promises through | 12 | | licensees, employees, agents, advertising, or
otherwise.
| 13 | | (13) Any misleading or untruthful advertising, or | 14 | | using any trade name or
insignia of membership in any real | 15 | | estate organization of which the licensee is
not a member.
| 16 | | (14) Acting for more than one party in a transaction | 17 | | without providing
written
notice to all parties for whom | 18 | | the licensee acts.
| 19 | | (15) Representing or attempting to represent, or | 20 | | performing licensed activities for, a broker other than the
| 21 | | sponsoring broker.
| 22 | | (16) Failure to account for or to remit any moneys or | 23 | | documents coming into
his or her possession that belong to | 24 | | others.
| 25 | | (17) Failure to maintain and deposit in a special | 26 | | account, separate and
apart from
personal and other |
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| 1 | | business accounts, all escrow moneys belonging to others
| 2 | | entrusted to a licensee
while acting as a broker, escrow | 3 | | agent, or temporary custodian of
the funds of others or
| 4 | | failure to maintain all escrow moneys on deposit in the | 5 | | account until the
transactions are
consummated or | 6 | | terminated, except to the extent that the moneys, or any | 7 | | part
thereof, shall be: | 8 | | (A)
disbursed prior to the consummation or | 9 | | termination (i) in accordance with
the
written | 10 | | direction of
the principals to the transaction or their | 11 | | duly authorized agents, (ii) in accordance with
| 12 | | directions providing for the
release, payment, or | 13 | | distribution of escrow moneys contained in any written
| 14 | | contract signed by the
principals to the transaction or | 15 | | their duly authorized agents,
or (iii)
pursuant to an | 16 | | order of a court of competent
jurisdiction; or | 17 | | (B) deemed abandoned and transferred to the Office | 18 | | of the State Treasurer to be handled as unclaimed | 19 | | property pursuant to the Revised Uniform Unclaimed | 20 | | Property Act. Escrow moneys may be deemed abandoned | 21 | | under this subparagraph (B) only: (i) in the absence of | 22 | | disbursement under subparagraph (A); (ii) in the | 23 | | absence of notice of the filing of any claim in a court | 24 | | of competent jurisdiction; and (iii) if 6 months have | 25 | | elapsed after the receipt of a written demand for the | 26 | | escrow moneys from one of the principals to the |
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| 1 | | transaction or the principal's duly authorized agent.
| 2 | | The account
shall be noninterest
bearing, unless the | 3 | | character of the deposit is such that payment of interest
| 4 | | thereon is otherwise
required by law or unless the | 5 | | principals to the transaction specifically
require, in | 6 | | writing, that the
deposit be placed in an interest-bearing | 7 | | account.
| 8 | | (18) Failure to make available to the Department all | 9 | | escrow records and related documents
maintained in | 10 | | connection
with the practice of real estate within 24 hours | 11 | | of a request for those
documents by Department personnel.
| 12 | | (19) Failing to furnish copies upon request of | 13 | | documents relating to a
real
estate transaction to a party | 14 | | who has executed that document.
| 15 | | (20) Failure of a sponsoring broker or licensee to | 16 | | timely provide sponsorship or termination of sponsorship | 17 | | information to the Department.
| 18 | | (21) Engaging in dishonorable, unethical, or | 19 | | unprofessional conduct of a
character
likely to deceive, | 20 | | defraud, or harm the public, including, but not limited to, | 21 | | conduct set forth in rules adopted by the Department.
| 22 | | (22) Commingling the money or property of others with | 23 | | his or her own money or property.
| 24 | | (23) Employing any person on a purely temporary or | 25 | | single deal basis as a
means
of evading the law regarding | 26 | | payment of commission to nonlicensees on some
contemplated
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| 1 | | transactions.
| 2 | | (24) Permitting the use of his or her license as a | 3 | | broker to enable a residential
leasing agent or
unlicensed | 4 | | person to operate a real estate business without actual
| 5 | | participation therein and control
thereof by the broker.
| 6 | | (25) Any other conduct, whether of the same or a | 7 | | different character from
that
specified in this Section, | 8 | | that constitutes dishonest dealing.
| 9 | | (26) Displaying a "for rent" or "for sale" sign on any | 10 | | property without
the written
consent of an owner or his or | 11 | | her duly authorized agent or advertising by any
means that | 12 | | any property is
for sale or for rent without the written | 13 | | consent of the owner or his or her
authorized agent.
| 14 | | (27) Failing to provide information requested by the | 15 | | Department, or otherwise respond to that request, within 30 | 16 | | days of
the
request.
| 17 | | (28) Advertising by means of a blind advertisement, | 18 | | except as otherwise
permitted in Section 10-30 of this Act.
| 19 | | (29) A licensee under this Act or an unlicensed | 20 | | individual offering guaranteed sales plans, as defined in | 21 | | Section 10-50, except to
the extent set forth in Section | 22 | | 10-50.
| 23 | | (30) Influencing or attempting to influence, by any | 24 | | words or acts, a
prospective
seller, purchaser, occupant, | 25 | | landlord, or tenant of real estate, in connection
with | 26 | | viewing, buying, or
leasing real estate, so as to promote |
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| 1 | | or tend to promote the continuance
or maintenance of
| 2 | | racially and religiously segregated housing or so as to | 3 | | retard, obstruct, or
discourage racially
integrated | 4 | | housing on or in any street, block, neighborhood, or | 5 | | community.
| 6 | | (31) Engaging in any act that constitutes a violation | 7 | | of any provision of
Article 3 of the Illinois Human Rights | 8 | | Act, whether or not a complaint has
been filed with or
| 9 | | adjudicated by the Human Rights Commission.
| 10 | | (32) Inducing any party to a contract of sale or lease | 11 | | or brokerage
agreement to
break the contract of sale or | 12 | | lease or brokerage agreement for the purpose of
| 13 | | substituting, in lieu
thereof, a new contract for sale or | 14 | | lease or brokerage agreement with a third
party.
| 15 | | (33) Negotiating a sale, exchange, or lease of real | 16 | | estate directly with
any person
if the licensee knows that | 17 | | the person has an exclusive brokerage
agreement with | 18 | | another
broker, unless specifically authorized by that | 19 | | broker.
| 20 | | (34) When a licensee is also an attorney, acting as the | 21 | | attorney for
either the
buyer or the seller in the same | 22 | | transaction in which the licensee is acting or
has acted as | 23 | | a managing broker
or broker.
| 24 | | (35) Advertising or offering merchandise or services | 25 | | as free if any
conditions or
obligations necessary for | 26 | | receiving the merchandise or services are not
disclosed in |
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| 1 | | the same
advertisement or offer. These conditions or | 2 | | obligations include without
limitation the
requirement | 3 | | that the recipient attend a promotional activity or visit a | 4 | | real
estate site. As used in this
subdivision (35), "free" | 5 | | includes terms such as "award", "prize", "no charge",
"free | 6 | | of charge",
"without charge", and similar words or phrases | 7 | | that reasonably lead a person to
believe that he or she
may | 8 | | receive or has been selected to receive something of value, | 9 | | without any
conditions or
obligations on the part of the | 10 | | recipient.
| 11 | | (36) (Blank).
| 12 | | (37) Violating the terms of a disciplinary order
issued | 13 | | by the Department.
| 14 | | (38) Paying or failing to disclose compensation in | 15 | | violation of Article 10 of this Act.
| 16 | | (39) Requiring a party to a transaction who is not a | 17 | | client of the
licensee
to allow the licensee to retain a | 18 | | portion of the escrow moneys for payment of
the licensee's | 19 | | commission or expenses as a condition for release of the | 20 | | escrow
moneys to that party.
| 21 | | (40) Disregarding or violating any provision of this | 22 | | Act or the published
rules adopted
by the Department to | 23 | | enforce this Act or aiding or abetting any individual, | 24 | | foreign or domestic
partnership, registered limited | 25 | | liability partnership, limited liability
company, | 26 | | corporation, or other business entity in
disregarding any |
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| 1 | | provision of this Act or the published rules adopted by the | 2 | | Department
to enforce this Act.
| 3 | | (41) Failing to provide the minimum services required | 4 | | by Section 15-75 of this Act when acting under an exclusive | 5 | | brokerage agreement.
| 6 | | (42) Habitual or excessive use of or addiction to | 7 | | alcohol, narcotics, stimulants, or any other chemical | 8 | | agent or drug that results in a managing broker, broker, or | 9 | | residential leasing agent's inability to practice with | 10 | | reasonable skill or safety. | 11 | | (43) Enabling, aiding, or abetting an auctioneer, as | 12 | | defined in the Auction License Act, to conduct a real | 13 | | estate auction in a manner that is in violation of this | 14 | | Act. | 15 | | (44) Permitting any residential leasing agent or | 16 | | temporary residential leasing agent permit holder to | 17 | | engage in activities that require a broker's or managing | 18 | | broker's license. | 19 | | (45) Failing to notify the Department of any criminal | 20 | | conviction that occurs during the licensee's term of | 21 | | licensure within 30 days after the conviction. | 22 | | (46) A designated managing broker's failure to provide | 23 | | an appropriate written company policy or failure to perform | 24 | | any of the duties set forth in Section 10-55. | 25 | | (b) The Department may refuse to issue or renew or may | 26 | | suspend the license of any person who fails to file a return, |
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| 1 | | pay the tax, penalty or interest shown in a filed return, or | 2 | | pay any final assessment of tax, penalty, or interest, as | 3 | | required by any tax Act administered by the Department of | 4 | | Revenue, until such time as the requirements of that tax Act | 5 | | are satisfied in accordance with subsection (g) of Section | 6 | | 2105-15 of the Department of Professional Regulation Law of the | 7 | | Civil Administrative Code of Illinois. | 8 | | (c) (Blank). | 9 | | (d) In cases where the Department of Healthcare and Family | 10 | | Services (formerly Department of Public Aid) has previously | 11 | | determined that a licensee or a potential licensee is more than | 12 | | 30 days delinquent in the payment of child support and has | 13 | | subsequently certified the delinquency to the Department may | 14 | | refuse to issue or renew or may revoke or suspend that person's | 15 | | license or may take other disciplinary action against that | 16 | | person based solely upon the certification of delinquency made | 17 | | by the Department of Healthcare and Family Services in | 18 | | accordance with item (5) of subsection (a) of Section 2105-15 | 19 | | of the Department of Professional Regulation Law of the Civil | 20 | | Administrative Code of Illinois. | 21 | | (e) In enforcing this Section, the Department or Board upon | 22 | | a showing of a possible violation may compel an individual | 23 | | licensed to practice under this Act, or who has applied for | 24 | | licensure under this Act, to submit to a mental or physical | 25 | | examination, or both, as required by and at the expense of the | 26 | | Department. The Department or Board may order the examining |
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| 1 | | physician to present testimony concerning the mental or | 2 | | physical examination of the licensee or applicant. No | 3 | | information shall be excluded by reason of any common law or | 4 | | statutory privilege relating to communications between the | 5 | | licensee or applicant and the examining physician. The | 6 | | examining physicians shall be specifically designated by the | 7 | | Board or Department. The individual to be examined may have, at | 8 | | his or her own expense, another physician of his or her choice | 9 | | present during all aspects of this examination. Failure of an | 10 | | individual to submit to a mental or physical examination, when | 11 | | directed, shall be grounds for suspension of his or her license | 12 | | until the individual submits to the examination if the | 13 | | Department finds, after notice and hearing, that the refusal to | 14 | | submit to the examination was without reasonable cause. | 15 | | If the Department or Board finds an individual unable to | 16 | | practice because of the reasons set forth in this Section, the | 17 | | Department or Board may require that individual to submit to | 18 | | care, counseling, or treatment by physicians approved or | 19 | | designated by the Department or Board, as a condition, term, or | 20 | | restriction for continued, reinstated, or renewed licensure to | 21 | | practice; or, in lieu of care, counseling, or treatment, the | 22 | | Department may file, or the Board may recommend to the | 23 | | Department to file, a complaint to immediately suspend, revoke, | 24 | | or otherwise discipline the license of the individual. An | 25 | | individual whose license was granted, continued, reinstated, | 26 | | renewed, disciplined or supervised subject to such terms, |
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| 1 | | conditions, or restrictions, and who fails to comply with such | 2 | | terms, conditions, or restrictions, shall be referred to the | 3 | | Secretary for a determination as to whether the individual | 4 | | shall have his or her license suspended immediately, pending a | 5 | | hearing by the Department. | 6 | | In instances in which the Secretary immediately suspends a | 7 | | person's license under this Section, a hearing on that person's | 8 | | license must be convened by the Department within 30 days after | 9 | | the suspension and completed without appreciable delay. The | 10 | | Department and Board shall have the authority to review the | 11 | | subject individual's record of treatment and counseling | 12 | | regarding the impairment to the extent permitted by applicable | 13 | | federal statutes and regulations safeguarding the | 14 | | confidentiality of medical records. | 15 | | An individual licensed under this Act and affected under | 16 | | this Section shall be afforded an opportunity to demonstrate to | 17 | | the Department or Board that he or she can resume practice in | 18 | | compliance with acceptable and prevailing standards under the | 19 | | provisions of his or her license. | 20 | | (Source: P.A. 100-22, eff. 1-1-18; 100-188, eff. 1-1-18; | 21 | | 100-534, eff. 9-22-17; 100-831, eff. 1-1-19; 100-863, eff. | 22 | | 8-14-18; 100-872, eff. 8-14-18; 101-81, eff. 7-12-19; 101-357, | 23 | | eff. 8-9-19.)
| 24 | | (225 ILCS 454/20-20.1) | 25 | | (Section scheduled to be repealed on January 1, 2030) |
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| 1 | | Sec. 20-20.1. Citations. | 2 | | (a) The Department may adopt rules to permit the issuance | 3 | | of citations to any licensee for failure to comply with the | 4 | | continuing education requirements set forth in this Act or as | 5 | | adopted by rule. The citation shall be issued to the licensee, | 6 | | and a copy shall be sent to his or her designated managing | 7 | | broker and sponsoring broker. The citation shall contain the | 8 | | licensee's name and address, the licensee's license number, the | 9 | | number of required hours of continuing education that have not | 10 | | been successfully completed by the licensee's renewal deadline | 11 | | licensee within the renewal period , and the penalty imposed, | 12 | | which shall not exceed $2,000. The issuance of any such | 13 | | citation shall not excuse the licensee from completing all | 14 | | continuing education required for that term of licensure | 15 | | renewal period . | 16 | | (b) Service of a citation shall be made by in person, | 17 | | electronically, or by mail to the licensee at the licensee's | 18 | | address of record or email address of record, and must clearly | 19 | | state that if the cited licensee wishes to dispute the | 20 | | citation, he or she may make a written request, within 30 days | 21 | | after the citation is served, for a hearing before the | 22 | | Department. If the cited licensee does not request a hearing | 23 | | within 30 days after the citation is served, then the citation | 24 | | shall become a final, non-disciplinary order, and any fine | 25 | | imposed is due and payable within 60 days after that final | 26 | | order. If the cited licensee requests a hearing within 30 days |
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| 1 | | after the citation is served, the Department shall afford the | 2 | | cited licensee a hearing conducted in the same manner as a | 3 | | hearing provided for in this Act for any violation of this Act | 4 | | and shall determine whether the cited licensee committed the | 5 | | violation as charged and whether the fine as levied is | 6 | | warranted. If the violation is found, any fine shall constitute | 7 | | non-public discipline and be due and payable within 30 days | 8 | | after the order of the Secretary, which shall constitute a | 9 | | final order of the Department. No change in license status may | 10 | | be made by the Department until such time as a final order of | 11 | | the Department has been issued. | 12 | | (c) Payment of a fine that has been assessed pursuant to | 13 | | this Section shall not constitute disciplinary action | 14 | | reportable on the Department's website or elsewhere unless a | 15 | | licensee has previously received 2 or more citations and paid 2 | 16 | | or more fines. | 17 | | (d) Nothing in this Section shall prohibit or limit the | 18 | | Department from taking further action pursuant to this Act and | 19 | | rules for additional, repeated, or continuing violations.
| 20 | | (Source: P.A. 101-357, eff. 8-9-19.)
| 21 | | (225 ILCS 454/20-110)
| 22 | | (Section scheduled to be repealed on January 1, 2030)
| 23 | | Sec. 20-110. Disciplinary actions of the Department not | 24 | | limited. Nothing contained in Sections 20-82 20-80 through | 25 | | 20-100 of this Act limits the
authority of the Department
to |
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| 1 | | take
disciplinary action against any licensee for a violation | 2 | | of this Act or the
rules of the Department, nor shall the | 3 | | repayment in full of all obligations to the Real Estate
| 4 | | Recovery Fund by any
licensee nullify or modify the effect of | 5 | | any other disciplinary proceeding
brought pursuant to this
Act.
| 6 | | (Source: P.A. 96-856, eff. 12-31-09 .)
| 7 | | (225 ILCS 454/25-10)
| 8 | | (Section scheduled to be repealed on January 1, 2030)
| 9 | | Sec. 25-10. Real Estate Administration and Disciplinary
| 10 | | Board;
duties.
There is created the Real Estate Administration | 11 | | and Disciplinary Board.
The Board shall be composed of 15 | 12 | | persons appointed by the Governor. Members
shall be
appointed | 13 | | to the Board subject to the following conditions:
| 14 | | (1) All members shall have been residents and citizens | 15 | | of this State for
at least 6 years
prior to the date of | 16 | | appointment.
| 17 | | (2) Twelve members shall have been actively engaged as | 18 | | managing brokers or
brokers or both for
at least the 10 | 19 | | years prior to the appointment, 2 of whom must possess an | 20 | | active pre-license instructor license.
| 21 | | (3) Three members of the Board shall be public members | 22 | | who represent
consumer
interests.
| 23 | | None of these members shall be (i) a person who is licensed | 24 | | under this
Act or a similar Act of another jurisdiction, (ii) | 25 | | the spouse or family member of a licensee, (iii) a person who |
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| 1 | | has an ownership interest in a
real estate brokerage
business, | 2 | | or (iv) a person the Department determines to have any other | 3 | | connection with a real estate brokerage business or a licensee.
| 4 | | The members' terms shall be for 4 years or until their | 5 | | successor is appointed and expire upon completion of the term . | 6 | | No member shall be reappointed to the Board for a term that | 7 | | would cause his or her cumulative service to the Board to | 8 | | exceed 10 years.
Appointments to fill vacancies shall be for | 9 | | the unexpired portion of the term. Those members of the Board | 10 | | that satisfy the requirements of paragraph (2) shall be chosen | 11 | | in a manner such that no area of the State shall be | 12 | | unreasonably represented.
In making the appointments, the | 13 | | Governor shall give
due consideration
to the recommendations by | 14 | | members and organizations of the profession.
The Governor may | 15 | | terminate the appointment of any member for cause that in the
| 16 | | opinion of the
Governor reasonably justifies the termination. | 17 | | Cause for termination shall
include without limitation
| 18 | | misconduct, incapacity, neglect of duty, or missing 4 board | 19 | | meetings during any
one
calendar year.
Each member of the Board | 20 | | may receive a per diem stipend in an amount to be
determined by | 21 | | the Secretary. Each member shall be paid his or her necessary | 22 | | expenses while
engaged in the
performance of his or her duties. | 23 | | Such compensation and expenses shall be paid
out of the Real | 24 | | Estate
License Administration Fund.
The Secretary shall | 25 | | consider the recommendations of the Board on questions
| 26 | | involving
standards of professional conduct, discipline, |
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| 1 | | education, and policies and procedures
under this Act. With | 2 | | regard to this subject matter, the Secretary may establish | 3 | | temporary or permanent committees of the Board and may consider | 4 | | the recommendations of the Board on matters that include, but | 5 | | are not limited to, criteria for the licensing and renewal of | 6 | | education providers, pre-license and continuing education | 7 | | instructors, pre-license and continuing education curricula, | 8 | | standards of educational criteria, and qualifications for | 9 | | licensure and renewal of professions, courses, and | 10 | | instructors. The Department, after notifying and considering | 11 | | the recommendations of the Board, if any,
may issue rules,
| 12 | | consistent with the provisions of this Act, for the | 13 | | administration and
enforcement thereof and may
prescribe forms | 14 | | that shall be used in connection therewith. Eight Board members | 15 | | shall constitute a quorum. A quorum is required for all Board | 16 | | decisions.
| 17 | | The Board shall elect annually, at its first meeting of the | 18 | | fiscal year, a vice chairperson who shall preside, with voting | 19 | | privileges, at meetings if the chairperson is not present. | 20 | | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18; | 21 | | 100-886, eff. 8-14-18 .)
| 22 | | (225 ILCS 454/25-38 new) | 23 | | Sec. 25-38. Real Estate Audit Fund. Notwithstanding any | 24 | | other provision of law, in addition to any other transfers that | 25 | | may be provided by law, on January 1, 2021, or as soon |
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| 1 | | thereafter as practical, the State Comptroller shall direct and | 2 | | the State Treasurer shall transfer the remaining balance from | 3 | | the Real Estate Audit Fund into the Real Estate License | 4 | | Administration Fund. Upon completion of the transfer, the Real | 5 | | Estate Audit Fund is dissolved, and any future deposits due to | 6 | | that Fund and any outstanding obligations or liabilities of | 7 | | that Fund pass to the Real Estate License Administration Fund.
| 8 | | (225 ILCS 454/30-15)
| 9 | | (Section scheduled to be repealed on January 1, 2030)
| 10 | | Sec. 30-15. Licensing of education providers; approval of
| 11 | | courses. | 12 | | (a) (Blank).
| 13 | | (b) (Blank).
| 14 | | (c) (Blank).
| 15 | | (d) (Blank).
| 16 | | (e) (Blank).
| 17 | | (f) All education providers shall submit, at the time of | 18 | | initial
application and
with each license renewal, a list of | 19 | | courses with course materials that comply with the course | 20 | | requirements in this Act to be
offered by the education | 21 | | provider. The Department may establish an online mechanism by | 22 | | which education providers may submit for approval by the | 23 | | Department upon the recommendation of the Board or its designee | 24 | | pre-license, post-license, or continuing education courses | 25 | | that
are submitted
after the time of the education provider's |
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| 1 | | initial license application or renewal. The Department shall | 2 | | provide to each education provider
a certificate for each | 3 | | approved pre-license, post-license, or continuing education | 4 | | course. All pre-license, post-license, or
continuing education
| 5 | | courses shall be valid for the period coinciding with the term | 6 | | of license of
the education provider. However, in no case shall | 7 | | a course continue to be valid if it does not, at all times, | 8 | | meet all of the requirements of the core curriculum established | 9 | | by this Act and the Board, as modified from time to time in | 10 | | accordance with this Act. All education providers shall provide | 11 | | a copy of the
certificate of the pre-license, post-license, or | 12 | | continuing
education course within the course materials given | 13 | | to each student or shall
display a copy of the
certificate of | 14 | | the pre-license, post-license, or continuing education course | 15 | | in a conspicuous place at the
location of the class.
| 16 | | (g) Each education provider shall provide to the Department | 17 | | a report
in a
frequency and format determined by the | 18 | | Department, with information concerning students who
| 19 | | successfully completed all
approved pre-license, post-license, | 20 | | or continuing education courses offered by the education | 21 | | provider.
| 22 | | (h) The Department, upon the recommendation of the Board, | 23 | | may temporarily
suspend a licensed education provider's | 24 | | approved courses without
hearing and refuse to
accept | 25 | | successful completion of or participation in any of these | 26 | | pre-license, post-license, or continuing
education courses for
|
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| 1 | | education credit from that education provider upon the failure | 2 | | of that
education provider
to comply with the provisions of | 3 | | this Act or the rules for the administration
of this Act, until | 4 | | such
time as the Department receives satisfactory assurance of | 5 | | compliance. The Department shall notify
the
education provider | 6 | | of the noncompliance and may initiate disciplinary
proceedings | 7 | | pursuant to
this Act. The Department
may refuse to issue, | 8 | | suspend, revoke, or otherwise discipline the license
of an
| 9 | | education provider or may withdraw approval of a pre-license, | 10 | | post-license, or continuing education course for
good cause.
| 11 | | Failure to comply with the requirements of this Section or any | 12 | | other
requirements
established by rule shall
be deemed to be | 13 | | good cause. Disciplinary proceedings shall be conducted by the
| 14 | | Board in the same
manner as other disciplinary proceedings | 15 | | under this Act.
| 16 | | (i) Pre-license, post-license, and continuing education | 17 | | courses, whether submitted for approval at the time of an | 18 | | education provider's initial application for licensure or | 19 | | otherwise, must meet the following minimum course | 20 | | requirements: | 21 | | (1) Continuing education courses No continuing | 22 | | education course shall be required to be at least one hour | 23 | | taught in increments longer than 2 hours in duration . For ; | 24 | | however, for each one hour of course time in each course , | 25 | | there shall be a minimum of 50 minutes of instruction. | 26 | | (2) All core curriculum courses shall be provided only |
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| 1 | | in the classroom or through a live, interactive webinar or | 2 | | online distance education format. | 3 | | (3) Courses provided through a live, interactive | 4 | | webinar shall require all participants to demonstrate | 5 | | their attendance in and attention to the course by | 6 | | answering or responding to at least one polling question | 7 | | per 50 minutes of course instruction. | 8 | | (4) All participants in courses provided in an online | 9 | | distance education format shall demonstrate proficiency | 10 | | with the subject matter of the course through verifiable | 11 | | responses to questions included in the course content. | 12 | | (5) Credit for courses completed in a classroom or | 13 | | through a live, interactive webinar or online distance | 14 | | education format shall not require an examination. | 15 | | (6) Credit for courses provided through | 16 | | correspondence, or by home study, shall require the passage | 17 | | of an in-person, proctored examination. | 18 | | (j) The Department is authorized to engage a third party as | 19 | | the Board's designee to perform the functions specifically | 20 | | provided for in subsection (f) of this Section, namely that of | 21 | | administering the online system for receipt, review, and | 22 | | approval or denial of new courses. | 23 | | (k) The Department may adopt any administrative rule | 24 | | consistent with the language and intent of this Act that may be | 25 | | necessary for the implementation and enforcement of this | 26 | | Section. |
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| 1 | | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
| 2 | | (225 ILCS 454/30-25)
| 3 | | (Section scheduled to be repealed on January 1, 2030)
| 4 | | Sec. 30-25. Licensing of education provider instructors.
| 5 | | (a) No person shall act as either a pre-license or | 6 | | continuing education instructor without possessing a
valid | 7 | | pre-license or continuing
education instructor license and | 8 | | satisfying any other qualification criteria adopted by the | 9 | | Department by rule.
| 10 | | (a-5) Each person with a valid pre-license instructor | 11 | | license may teach pre-license, post-license, continuing | 12 | | education core curriculum, continuing education elective | 13 | | curriculum, or broker management education courses if they meet | 14 | | specific criteria adopted by the Department by rule. Those | 15 | | persons who have not met the criteria or who only possess a | 16 | | valid continuing education instructor license shall only teach | 17 | | continuing education elective curriculum courses. Any person | 18 | | with a valid continuing education instructor license who wishes | 19 | | to teach continuing education core curriculum or broker | 20 | | management continuing education courses must obtain a valid | 21 | | pre-license instructor license. | 22 | | (b) Every person who desires to obtain an education | 23 | | provider instructor's license shall attend and successfully | 24 | | complete a one-day instructor development workshop, as | 25 | | approved by the Department. However, pre-license instructors |
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| 1 | | who have complied with subsection (b) of this Section 30-25 | 2 | | shall not be required to complete the instructor workshop in | 3 | | order to teach continuing education elective curriculum | 4 | | courses. | 5 | | (b-5) The term of licensure for a pre-license or continuing | 6 | | education instructor shall be 2 years, with renewal dates | 7 | | adopted by rule. Every person who desires to obtain a | 8 | | pre-license or continuing education instructor
license shall | 9 | | make
application to the Department in a manner prescribed by | 10 | | the Department, accompanied
by the fee adopted
by rule. In | 11 | | addition to any other information required to be
contained in | 12 | | the application,
every application for an original license | 13 | | shall include the
applicant's Social Security
number, which | 14 | | shall be retained in the agency's records pertaining to the | 15 | | license. As soon as practical, the Department shall assign a | 16 | | customer's identification number to each applicant for a | 17 | | license. | 18 | | Every application for a renewal or restored license shall | 19 | | require the applicant's customer identification number. | 20 | | The Department shall issue a pre-license or continuing | 21 | | education instructor license to
applicants who meet
| 22 | | qualification criteria established by this Act or rule.
| 23 | | (c) The Department may refuse to issue, suspend, revoke, or | 24 | | otherwise discipline a
pre-license or continuing education
| 25 | | instructor for good cause. Disciplinary proceedings shall be | 26 | | conducted by the
Board in the same
manner as other disciplinary |
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| 1 | | proceedings under this Act. All pre-license instructors must | 2 | | teach at least one pre-license or continuing education core | 3 | | curriculum course within the period of licensure as a | 4 | | requirement for renewal of the instructor's license. All | 5 | | continuing
education instructors
must teach at least one course | 6 | | within the period of licensure or take an
instructor training | 7 | | program
approved by the Department in lieu thereof as a | 8 | | requirement for renewal of the instructor's license.
| 9 | | (d) Each course transcript submitted by an education | 10 | | provider to the Department shall include the name and license | 11 | | number of the pre-license or continuing education instructor | 12 | | for the course. | 13 | | (e) Licensed education provider instructors may teach for | 14 | | more than one licensed education provider. | 15 | | (f) The Department may adopt any administrative rule | 16 | | consistent with the language and intent of this Act that may be | 17 | | necessary for the implementation and enforcement of this | 18 | | Section. | 19 | | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
| 20 | | (225 ILCS 454/25-21 rep.) | 21 | | Section 15. The Real Estate License Act of 2000 is amended | 22 | | by repealing Section 25-21. | 23 | | (225 ILCS 456/Act rep.) | 24 | | Section 20. The Real Estate Regulation Transfer Act is |
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| 1 | | repealed.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
|
|