Illinois General Assembly - Full Text of HB0093
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Full Text of HB0093  102nd General Assembly

HB0093eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0093 EngrossedLRB102 03609 SPS 13622 b

1    AN ACT concerning real estate appraisal.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Real Estate License Act of 2000 is amended
5by changing Sections 10-45 and 20-20 as follows:
 
6    (225 ILCS 454/10-45)
7    (Section scheduled to be repealed on January 1, 2030)
8    Sec. 10-45. Broker price opinions and comparative market
9analyses.
10    (a) A broker price opinion or comparative market analysis
11may be prepared or provided by a real estate broker or managing
12broker for any of the following:
13        (1) an existing or potential buyer or seller of an
14    interest in real estate;
15        (2) an existing or potential lessor or lessee of an
16    interest in real estate;
17        (3) a third party making decisions or performing due
18    diligence related to the potential listing, offering,
19    sale, option, lease, or acquisition price of an interest
20    in real estate; or
21        (4) an existing or potential lienholder or other third
22    party for any purpose other than as the primary basis to
23    determine the market value of an interest in real estate

 

 

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1    for the purpose of a mortgage loan origination by a
2    financial institution secured by such real estate.
3    (b) A broker price opinion or comparative market analysis
4shall be in writing either on paper or electronically and
5shall include the following provisions:
6        (1) a statement of the intended purpose of the broker
7    price opinion or comparative market analysis;
8        (2) a brief description of the interest in real estate
9    that is the subject of the broker price opinion or
10    comparative market analysis;
11        (3) a brief description of the methodology used to
12    develop the broker price opinion or comparative market
13    analysis;
14        (4) any assumptions or limiting conditions;
15        (5) a disclosure of any existing or contemplated
16    interest of the broker or managing broker in the interest
17    in real estate that is the subject of the broker price
18    opinion or comparative market analysis;
19        (6) the name, license number, and signature of the
20    broker or managing broker that developed the broker price
21    opinion or comparative market analysis;
22        (7) a statement in substantially the following form:
23        "This is a broker price opinion/comparative market
24    analysis, not an appraisal of the market value of the real
25    estate, and was prepared by a licensed real estate broker
26    or managing broker who was not acting as a State certified

 

 

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1    real estate appraiser."; and
2        (8) such other items as the broker or managing broker
3    may deem appropriate.
4    (b) A real estate broker or managing broker shall not
5discriminate when preparing a broker price opinion or
6comparative market analysis for residential real estate. For
7the purposes of this Section, a real estate broker or managing
8broker discriminates when he or she considers the actual or
9perceived race, color, religion, or national origin of the
10owner of the real estate or the residents of the geographic
11area in which the real estate is located when determining the
12market value of the real estate. In addition to the
13disciplinary procedures set forth in Section 20-20, an
14aggrieved party may commence a civil action alleging
15discrimination in an appropriate circuit court not later than
162 years after the occurrence that constitutes discrimination
17under this subsection (b). Such a civil action shall be
18subject to the same procedures, rights, and remedies as a
19civil action alleging a civil rights violation under Section
2010-102 of the Illinois Human Rights Act. A circuit court
21action may also be initiated by the Illinois Attorney General
22whenever the Illinois Attorney General has reasonable cause to
23believe that a real estate broker or managing broker is
24engaged in a pattern and practice of discrimination prohibited
25by this subsection. Such a civil action shall be subject to the
26same procedures, rights, and remedies as a civil action

 

 

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1alleging a civil rights violation under Section 10-104 of the
2Illinois Human Rights Act.
3(Source: P.A. 101-71, eff. 7-12-19.)
 
4    (225 ILCS 454/20-20)
5    (Section scheduled to be repealed on January 1, 2030)
6    Sec. 20-20. Nature of and grounds for discipline.
7    (a) The Department may refuse to issue or renew a license,
8may place on probation, suspend, or revoke any license,
9reprimand, or take any other disciplinary or non-disciplinary
10action as the Department may deem proper and impose a fine not
11to exceed $25,000 upon any licensee or applicant under this
12Act or any person who holds himself or herself out as an
13applicant or licensee or against a licensee in handling his or
14her own property, whether held by deed, option, or otherwise,
15for any one or any combination of the following causes:
16        (1) Fraud or misrepresentation in applying for, or
17    procuring, a license under this Act or in connection with
18    applying for renewal of a license under this Act.
19        (2) The licensee's conviction of or plea of guilty or
20    plea of nolo contendere to: (A) a felony or misdemeanor in
21    this State or any other jurisdiction; or (B) the entry of
22    an administrative sanction by a government agency in this
23    State or any other jurisdiction. Action taken under this
24    paragraph (2) for a misdemeanor or an administrative
25    sanction is limited to a misdemeanor or administrative

 

 

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1    sanction that has as an essential element dishonesty or
2    fraud or involves larceny, embezzlement, or obtaining
3    money, property, or credit by false pretenses or by means
4    of a confidence game.
5        (3) Inability to practice the profession with
6    reasonable judgment, skill, or safety as a result of a
7    physical illness, including, but not limited to,
8    deterioration through the aging process or loss of motor
9    skill, or a mental illness or disability.
10        (4) Practice under this Act as a licensee in a retail
11    sales establishment from an office, desk, or space that is
12    not separated from the main retail business and located
13    within a separate and distinct area within the
14    establishment.
15        (5) Having been disciplined by another state, the
16    District of Columbia, a territory, a foreign nation, or a
17    governmental agency authorized to impose discipline if at
18    least one of the grounds for that discipline is the same as
19    or the equivalent of one of the grounds for which a
20    licensee may be disciplined under this Act. A certified
21    copy of the record of the action by the other state or
22    jurisdiction shall be prima facie evidence thereof.
23        (6) Engaging in the practice of real estate brokerage
24    without a license or after the licensee's license or
25    temporary permit was expired or while the license was
26    inactive, revoked, or suspended.

 

 

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1        (7) Cheating on or attempting to subvert the Real
2    Estate License Exam or a continuing education course or
3    examination.
4        (8) Aiding or abetting an applicant to subvert or
5    cheat on the Real Estate License Exam or continuing
6    education exam administered pursuant to this Act.
7        (9) Advertising that is inaccurate, misleading, or
8    contrary to the provisions of the Act.
9        (10) Making any substantial misrepresentation or
10    untruthful advertising.
11        (11) Making any false promises of a character likely
12    to influence, persuade, or induce.
13        (12) Pursuing a continued and flagrant course of
14    misrepresentation or the making of false promises through
15    licensees, employees, agents, advertising, or otherwise.
16        (13) Any misleading or untruthful advertising, or
17    using any trade name or insignia of membership in any real
18    estate organization of which the licensee is not a member.
19        (14) Acting for more than one party in a transaction
20    without providing written notice to all parties for whom
21    the licensee acts.
22        (15) Representing or attempting to represent, or
23    performing licensed activities for, a broker other than
24    the sponsoring broker.
25        (16) Failure to account for or to remit any moneys or
26    documents coming into his or her possession that belong to

 

 

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1    others.
2        (17) Failure to maintain and deposit in a special
3    account, separate and apart from personal and other
4    business accounts, all escrow moneys belonging to others
5    entrusted to a licensee while acting as a broker, escrow
6    agent, or temporary custodian of the funds of others or
7    failure to maintain all escrow moneys on deposit in the
8    account until the transactions are consummated or
9    terminated, except to the extent that the moneys, or any
10    part thereof, shall be:
11            (A) disbursed prior to the consummation or
12        termination (i) in accordance with the written
13        direction of the principals to the transaction or
14        their duly authorized agents, (ii) in accordance with
15        directions providing for the release, payment, or
16        distribution of escrow moneys contained in any written
17        contract signed by the principals to the transaction
18        or their duly authorized agents, or (iii) pursuant to
19        an order of a court of competent jurisdiction; or
20            (B) deemed abandoned and transferred to the Office
21        of the State Treasurer to be handled as unclaimed
22        property pursuant to the Revised Uniform Unclaimed
23        Property Act. Escrow moneys may be deemed abandoned
24        under this subparagraph (B) only: (i) in the absence
25        of disbursement under subparagraph (A); (ii) in the
26        absence of notice of the filing of any claim in a court

 

 

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1        of competent jurisdiction; and (iii) if 6 months have
2        elapsed after the receipt of a written demand for the
3        escrow moneys from one of the principals to the
4        transaction or the principal's duly authorized agent.
5    The account shall be noninterest bearing, unless the
6    character of the deposit is such that payment of interest
7    thereon is otherwise required by law or unless the
8    principals to the transaction specifically require, in
9    writing, that the deposit be placed in an interest-bearing
10    account.
11        (18) Failure to make available to the Department all
12    escrow records and related documents maintained in
13    connection with the practice of real estate within 24
14    hours of a request for those documents by Department
15    personnel.
16        (19) Failing to furnish copies upon request of
17    documents relating to a real estate transaction to a party
18    who has executed that document.
19        (20) Failure of a sponsoring broker or licensee to
20    timely provide sponsorship or termination of sponsorship
21    information to the Department.
22        (21) Engaging in dishonorable, unethical, or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public, including, but not limited
25    to, conduct set forth in rules adopted by the Department.
26        (22) Commingling the money or property of others with

 

 

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1    his or her own money or property.
2        (23) Employing any person on a purely temporary or
3    single deal basis as a means of evading the law regarding
4    payment of commission to nonlicensees on some contemplated
5    transactions.
6        (24) Permitting the use of his or her license as a
7    broker to enable a residential leasing agent or unlicensed
8    person to operate a real estate business without actual
9    participation therein and control thereof by the broker.
10        (25) Any other conduct, whether of the same or a
11    different character from that specified in this Section,
12    that constitutes dishonest dealing.
13        (26) Displaying a "for rent" or "for sale" sign on any
14    property without the written consent of an owner or his or
15    her duly authorized agent or advertising by any means that
16    any property is for sale or for rent without the written
17    consent of the owner or his or her authorized agent.
18        (27) Failing to provide information requested by the
19    Department, or otherwise respond to that request, within
20    30 days of the request.
21        (28) Advertising by means of a blind advertisement,
22    except as otherwise permitted in Section 10-30 of this
23    Act.
24        (29) A licensee under this Act or an unlicensed
25    individual offering guaranteed sales plans, as defined in
26    Section 10-50, except to the extent set forth in Section

 

 

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1    10-50.
2        (30) Influencing or attempting to influence, by any
3    words or acts, a prospective seller, purchaser, occupant,
4    landlord, or tenant of real estate, in connection with
5    viewing, buying, or leasing real estate, so as to promote
6    or tend to promote the continuance or maintenance of
7    racially and religiously segregated housing or so as to
8    retard, obstruct, or discourage racially integrated
9    housing on or in any street, block, neighborhood, or
10    community.
11        (31) Engaging in any act that constitutes a violation
12    of any provision of Article 3 of the Illinois Human Rights
13    Act, whether or not a complaint has been filed with or
14    adjudicated by the Human Rights Commission.
15        (32) Inducing any party to a contract of sale or lease
16    or brokerage agreement to break the contract of sale or
17    lease or brokerage agreement for the purpose of
18    substituting, in lieu thereof, a new contract for sale or
19    lease or brokerage agreement with a third party.
20        (33) Negotiating a sale, exchange, or lease of real
21    estate directly with any person if the licensee knows that
22    the person has an exclusive brokerage agreement with
23    another broker, unless specifically authorized by that
24    broker.
25        (34) When a licensee is also an attorney, acting as
26    the attorney for either the buyer or the seller in the same

 

 

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1    transaction in which the licensee is acting or has acted
2    as a managing broker or broker.
3        (35) Advertising or offering merchandise or services
4    as free if any conditions or obligations necessary for
5    receiving the merchandise or services are not disclosed in
6    the same advertisement or offer. These conditions or
7    obligations include without limitation the requirement
8    that the recipient attend a promotional activity or visit
9    a real estate site. As used in this subdivision (35),
10    "free" includes terms such as "award", "prize", "no
11    charge", "free of charge", "without charge", and similar
12    words or phrases that reasonably lead a person to believe
13    that he or she may receive or has been selected to receive
14    something of value, without any conditions or obligations
15    on the part of the recipient.
16        (36) (Blank).
17        (37) Violating the terms of a disciplinary order
18    issued by the Department.
19        (38) Paying or failing to disclose compensation in
20    violation of Article 10 of this Act.
21        (39) Requiring a party to a transaction who is not a
22    client of the licensee to allow the licensee to retain a
23    portion of the escrow moneys for payment of the licensee's
24    commission or expenses as a condition for release of the
25    escrow moneys to that party.
26        (40) Disregarding or violating any provision of this

 

 

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1    Act or the published rules adopted by the Department to
2    enforce this Act or aiding or abetting any individual,
3    foreign or domestic partnership, registered limited
4    liability partnership, limited liability company,
5    corporation, or other business entity in disregarding any
6    provision of this Act or the published rules adopted by
7    the Department to enforce this Act.
8        (41) Failing to provide the minimum services required
9    by Section 15-75 of this Act when acting under an
10    exclusive brokerage agreement.
11        (42) Habitual or excessive use of or addiction to
12    alcohol, narcotics, stimulants, or any other chemical
13    agent or drug that results in a managing broker, broker,
14    or residential leasing agent's inability to practice with
15    reasonable skill or safety.
16        (43) Enabling, aiding, or abetting an auctioneer, as
17    defined in the Auction License Act, to conduct a real
18    estate auction in a manner that is in violation of this
19    Act.
20        (44) Permitting any residential leasing agent or
21    temporary residential leasing agent permit holder to
22    engage in activities that require a broker's or managing
23    broker's license.
24        (45) Failing to notify the Department of any criminal
25    conviction that occurs during the licensee's term of
26    licensure within 30 days after the conviction.

 

 

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1        (46) A designated managing broker's failure to provide
2    an appropriate written company policy or failure to
3    perform any of the duties set forth in Section 10-55.
4        (47) Engaging in discrimination as provided in
5    subsection (b) of Section 10-45.
6    (b) The Department may refuse to issue or renew or may
7suspend the license of any person who fails to file a return,
8pay the tax, penalty or interest shown in a filed return, or
9pay any final assessment of tax, penalty, or interest, as
10required by any tax Act administered by the Department of
11Revenue, until such time as the requirements of that tax Act
12are satisfied in accordance with subsection (g) of Section
132105-15 of the Department of Professional Regulation Law of
14the Civil Administrative Code of Illinois.
15    (c) (Blank).
16    (d) In cases where the Department of Healthcare and Family
17Services (formerly Department of Public Aid) has previously
18determined that a licensee or a potential licensee is more
19than 30 days delinquent in the payment of child support and has
20subsequently certified the delinquency to the Department may
21refuse to issue or renew or may revoke or suspend that person's
22license or may take other disciplinary action against that
23person based solely upon the certification of delinquency made
24by the Department of Healthcare and Family Services in
25accordance with item (5) of subsection (a) of Section 2105-15
26of the Department of Professional Regulation Law of the Civil

 

 

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1Administrative Code of Illinois.
2    (e) In enforcing this Section, the Department or Board
3upon a showing of a possible violation may compel an
4individual licensed to practice under this Act, or who has
5applied for licensure under this Act, to submit to a mental or
6physical examination, or both, as required by and at the
7expense of the Department. The Department or Board may order
8the examining physician to present testimony concerning the
9mental or physical examination of the licensee or applicant.
10No information shall be excluded by reason of any common law or
11statutory privilege relating to communications between the
12licensee or applicant and the examining physician. The
13examining physicians shall be specifically designated by the
14Board or Department. The individual to be examined may have,
15at his or her own expense, another physician of his or her
16choice present during all aspects of this examination. Failure
17of an individual to submit to a mental or physical
18examination, when directed, shall be grounds for suspension of
19his or her license until the individual submits to the
20examination if the Department finds, after notice and hearing,
21that the refusal to submit to the examination was without
22reasonable cause.
23    If the Department or Board finds an individual unable to
24practice because of the reasons set forth in this Section, the
25Department or Board may require that individual to submit to
26care, counseling, or treatment by physicians approved or

 

 

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1designated by the Department or Board, as a condition, term,
2or restriction for continued, reinstated, or renewed licensure
3to practice; or, in lieu of care, counseling, or treatment,
4the Department may file, or the Board may recommend to the
5Department to file, a complaint to immediately suspend,
6revoke, or otherwise discipline the license of the individual.
7An individual whose license was granted, continued,
8reinstated, renewed, disciplined or supervised subject to such
9terms, conditions, or restrictions, and who fails to comply
10with such terms, conditions, or restrictions, shall be
11referred to the Secretary for a determination as to whether
12the individual shall have his or her license suspended
13immediately, pending a hearing by the Department.
14    In instances in which the Secretary immediately suspends a
15person's license under this Section, a hearing on that
16person's license must be convened by the Department within 30
17days after the suspension and completed without appreciable
18delay. The Department and Board shall have the authority to
19review the subject individual's record of treatment and
20counseling regarding the impairment to the extent permitted by
21applicable federal statutes and regulations safeguarding the
22confidentiality of medical records.
23    An individual licensed under this Act and affected under
24this Section shall be afforded an opportunity to demonstrate
25to the Department or Board that he or she can resume practice
26in compliance with acceptable and prevailing standards under

 

 

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1the provisions of his or her license.
2(Source: P.A. 100-22, eff. 1-1-18; 100-188, eff. 1-1-18;
3100-534, eff. 9-22-17; 100-831, eff. 1-1-19; 100-863, eff.
48-14-18; 100-872, eff. 8-14-18; 101-81, eff. 7-12-19; 101-357,
5eff. 8-9-19.)
 
6    Section 10. The Real Estate Appraiser Licensing Act of
72002 is amended by changing Section 15-10 and by adding
8Section 10-25 as follows:
 
9    (225 ILCS 458/10-25 new)
10    Sec. 10-25. Discrimination prohibited. An appraiser shall
11not discriminate when preparing a comparative market analysis
12for residential real estate. For the purposes of this Section,
13an appraiser discriminates when he or she considers the actual
14or perceived race, color, religion, or national origin of the
15owner of the real estate or the residents of the geographic
16area in which the real estate is located when determining the
17market value of the real estate. In addition to the
18disciplinary procedures set forth in Section 15-10, an
19aggrieved party may commence a civil action alleging
20discrimination in an appropriate circuit court not later than
212 years after the occurrence that constitutes discrimination
22under this Section. Such a civil action shall be subject to the
23same procedures, rights, and remedies as a civil action
24alleging a civil rights violation under Section 10-102 of the

 

 

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1Illinois Human Rights Act. A circuit court action may also be
2initiated by the Illinois Attorney General whenever the
3Illinois Attorney General has reasonable cause to believe that
4an appraiser is engaged in a pattern and practice of
5discrimination prohibited by this Section. Such a civil action
6shall be subject to the same procedures, rights, and remedies
7as a civil action alleging a civil rights violation under
8Section 10-104 of the Illinois Human Rights Act.
 
9    (225 ILCS 458/15-10)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 15-10. Grounds for disciplinary action.
12    (a) The Department may suspend, revoke, refuse to issue,
13renew, or restore a license and may reprimand place on
14probation or administrative supervision, or take any
15disciplinary or non-disciplinary action, including imposing
16conditions limiting the scope, nature, or extent of the real
17estate appraisal practice of a licensee or reducing the
18appraisal rank of a licensee, and may impose an administrative
19fine not to exceed $25,000 for each violation upon a licensee
20for any one or combination of the following:
21        (1) Procuring or attempting to procure a license by
22    knowingly making a false statement, submitting false
23    information, engaging in any form of fraud or
24    misrepresentation, or refusing to provide complete
25    information in response to a question in an application

 

 

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1    for licensure.
2        (2) Failing to meet the minimum qualifications for
3    licensure as an appraiser established by this Act.
4        (3) Paying money, other than for the fees provided for
5    by this Act, or anything of value to a member or employee
6    of the Board or the Department to procure licensure under
7    this Act.
8        (4) Conviction by plea of guilty or nolo contendere,
9    finding of guilt, jury verdict, or entry of judgment or by
10    sentencing of any crime, including, but not limited to,
11    convictions, preceding sentences of supervision,
12    conditional discharge, or first offender probation, under
13    the laws of any jurisdiction of the United States: (i)
14    that is a felony; or (ii) that is a misdemeanor, an
15    essential element of which is dishonesty, or that is
16    directly related to the practice of the profession.
17        (5) Committing an act or omission involving
18    dishonesty, fraud, or misrepresentation with the intent to
19    substantially benefit the licensee or another person or
20    with intent to substantially injure another person as
21    defined by rule.
22        (6) Violating a provision or standard for the
23    development or communication of real estate appraisals as
24    provided in Section 10-10 of this Act or as defined by
25    rule.
26        (7) Failing or refusing without good cause to exercise

 

 

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1    reasonable diligence in developing, reporting, or
2    communicating an appraisal, as defined by this Act or by
3    rule.
4        (8) Violating a provision of this Act or the rules
5    adopted pursuant to this Act.
6        (9) Having been disciplined by another state, the
7    District of Columbia, a territory, a foreign nation, a
8    governmental agency, or any other entity authorized to
9    impose discipline if at least one of the grounds for that
10    discipline is the same as or the equivalent of one of the
11    grounds for which a licensee may be disciplined under this
12    Act.
13        (10) Engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public.
16        (11) Accepting an appraisal assignment when the
17    employment itself is contingent upon the appraiser
18    reporting a predetermined estimate, analysis, or opinion
19    or when the fee to be paid is contingent upon the opinion,
20    conclusion, or valuation reached or upon the consequences
21    resulting from the appraisal assignment.
22        (12) Developing valuation conclusions based on the
23    race, color, religion, sex, national origin, ancestry,
24    age, marital status, family status, physical or mental
25    disability, or unfavorable military discharge, as defined
26    under the Illinois Human Rights Act, of the prospective or

 

 

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1    present owners or occupants of the area or property under
2    appraisal.
3        (13) Violating the confidential nature of government
4    records to which the licensee gained access through
5    employment or engagement as an appraiser by a government
6    agency.
7        (14) Being adjudicated liable in a civil proceeding on
8    grounds of fraud, misrepresentation, or deceit. In a
9    disciplinary proceeding based upon a finding of civil
10    liability, the appraiser shall be afforded an opportunity
11    to present mitigating and extenuating circumstances, but
12    may not collaterally attack the civil adjudication.
13        (15) Being adjudicated liable in a civil proceeding
14    for violation of a state or federal fair housing law.
15        (16) Engaging in misleading or untruthful advertising
16    or using a trade name or insignia of membership in a real
17    estate appraisal or real estate organization of which the
18    licensee is not a member.
19        (17) Failing to fully cooperate with a Department
20    investigation by knowingly making a false statement,
21    submitting false or misleading information, or refusing to
22    provide complete information in response to written
23    interrogatories or a written request for documentation
24    within 30 days of the request.
25        (18) Failing to include within the certificate of
26    appraisal for all written appraisal reports the

 

 

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1    appraiser's license number and licensure title. All
2    appraisers providing significant contribution to the
3    development and reporting of an appraisal must be
4    disclosed in the appraisal report. It is a violation of
5    this Act for an appraiser to sign a report, transmittal
6    letter, or appraisal certification knowing that a person
7    providing a significant contribution to the report has not
8    been disclosed in the appraisal report.
9        (19) Violating the terms of a disciplinary order or
10    consent to administrative supervision order.
11        (20) Habitual or excessive use or addiction to
12    alcohol, narcotics, stimulants, or any other chemical
13    agent or drug that results in a licensee's inability to
14    practice with reasonable judgment, skill, or safety.
15        (21) A physical or mental illness or disability which
16    results in the inability to practice under this Act with
17    reasonable judgment, skill, or safety.
18        (22) Gross negligence in developing an appraisal or in
19    communicating an appraisal or failing to observe one or
20    more of the Uniform Standards of Professional Appraisal
21    Practice.
22        (23) A pattern of practice or other behavior that
23    demonstrates incapacity or incompetence to practice under
24    this Act.
25        (24) Using or attempting to use the seal, certificate,
26    or license of another as his or her own; falsely

 

 

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1    impersonating any duly licensed appraiser; using or
2    attempting to use an inactive, expired, suspended, or
3    revoked license; or aiding or abetting any of the
4    foregoing.
5        (25) Solicitation of professional services by using
6    false, misleading, or deceptive advertising.
7        (26) Making a material misstatement in furnishing
8    information to the Department.
9        (27) Failure to furnish information to the Department
10    upon written request.
11        (28) Engaging in discrimination as provided in Section
12    10-25.
13    (b) The Department may reprimand suspend, revoke, or
14refuse to issue or renew an education provider's license, may
15reprimand, place on probation, or otherwise discipline an
16education provider and may suspend or revoke the course
17approval of any course offered by an education provider and
18may impose an administrative fine not to exceed $25,000 upon
19an education provider, for any of the following:
20        (1) Procuring or attempting to procure licensure 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
25    for licensure.
26        (2) Failing to comply with the covenants certified to

 

 

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1    on the application for licensure as an education provider.
2        (3) Committing an act or omission involving
3    dishonesty, fraud, or misrepresentation or allowing any
4    such act or omission by any employee or contractor under
5    the control of the provider.
6        (4) Engaging in misleading or untruthful advertising.
7        (5) Failing to retain competent instructors in
8    accordance with rules adopted under this Act.
9        (6) Failing to meet the topic or time requirements for
10    course approval as the provider of a qualifying curriculum
11    course or a continuing education course.
12        (7) Failing to administer an approved course using the
13    course materials, syllabus, and examinations submitted as
14    the basis of the course approval.
15        (8) Failing to provide an appropriate classroom
16    environment for presentation of courses, with
17    consideration for student comfort, acoustics, lighting,
18    seating, workspace, and visual aid material.
19        (9) Failing to maintain student records in compliance
20    with the rules adopted under this Act.
21        (10) Failing to provide a certificate, transcript, or
22    other student record to the Department or to a student as
23    may be required by rule.
24        (11) Failing to fully cooperate with an investigation
25    by the Department by knowingly making a false statement,
26    submitting false or misleading information, or refusing to

 

 

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1    provide complete information in response to written
2    interrogatories or a written request for documentation
3    within 30 days of the request.
4    (c) In appropriate cases, the Department may resolve a
5complaint against a licensee through the issuance of a Consent
6to Administrative Supervision order. A licensee subject to a
7Consent to Administrative Supervision order shall be
8considered by the Department as an active licensee in good
9standing. This order shall not be reported or considered by
10the Department to be a discipline of the licensee. The records
11regarding an investigation and a Consent to Administrative
12Supervision order shall be considered confidential and shall
13not be released by the Department except as mandated by law. A
14complainant shall be notified if his or her complaint has been
15resolved by a Consent to Administrative Supervision order.
16(Source: P.A. 97-602, eff. 8-26-11; 97-877, eff. 8-2-12;
1798-1109, eff. 1-1-15.)