HB5177 93RD GENERAL ASSEMBLY

LRB093 20886 AMC 46841 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5177

Introduced 02/05/04, by Angelo Saviano

SYNOPSIS AS INTRODUCED:

225 ILCS 458/10-25 new
225 ILCS 458/15-12 new
225 ILCS 458/15-15

Amends the Real Estate Appraiser Licensing Act of 2002. Provides that all supervisory appraisers or co-appraisers who are required to retain records pursuant to specified provisions of the Act, original work files, and copies of appraisals completed by both the supervisory appraiser or co-appraiser and the appraiser, shall furnish such documentation to the appraiser or co-appraiser upon request. Provides that the Commissioner of Banks and Real Estate may temporarily suspend the license of a licensee without a hearing, simultaneously with the institution of proceedings for a hearing, if the Commissioner finds that the evidence indicates that the public interest, safety, or welfare requires emergency action. Makes changes concerning the Office of Banks and Real Estate's subpoena power.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning professional regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Real Estate Appraiser Licensing Act of 2002 is amended by changing Section 15-15 and by adding Sections 10-25 and 15-12 as follows:

(225 ILCS 458/10-25 new)

Sec. 10-25. Documentation. All supervisory appraisers or co-appraisers who are required to retain records pursuant to Section 10-20, original work files, and copies of appraisals completed by both the supervisory appraiser or co-appraiser and the appraiser, shall furnish such documentation to the appraiser or co-appraiser upon request.

(225 ILCS 458/15-12 new)

Sec. 15-12. Temporary suspension. The Commissioner may temporarily suspend the license of a licensee without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 15-15 of this Act, if the Commissioner finds that the evidence indicates that the public interest, safety, or welfare requires emergency action. In the event that the Commissioner temporarily suspends the license without a hearing before the Board, a hearing shall be held within 30 days after the suspension has occurred. The suspended licensee may seek a continuance of the hearing during which the suspension shall remain in effect. The proceeding shall be concluded without appreciable delay.

(225 ILCS 458/15-15)

(Section scheduled to be repealed on January 1, 2012)

Sec. 15-15. Investigation; notice; hearing.

(a) Upon the motion of the Office of Banks and Real Estate or the Board or upon a complaint in writing of a person setting forth facts that, if proven, would constitute grounds for suspension, revocation, or other disciplinary action against a licensee or applicant for licensure, the Office of Banks and Real Estate shall investigate the actions of the licensee or applicant.

(b) Formal disciplinary proceedings shall commence upon the issuance of a written complaint describing the charges that are the basis of the disciplinary action and delivery of the detailed complaint to the address of record of the licensee or applicant. OBRE shall notify the licensee or applicant to file a verified written answer within 20 days after the service of the notice and complaint. The notification shall inform the licensee or applicant of his or her right to be heard in person or by legal counsel; that the hearing will be afforded not sooner than 30 days after receipt of the answer to the specific charges; that failure to file an answer will result in a default being entered against the licensee or applicant; that the license may be suspended, revoked, or placed on probationary status; and that other disciplinary action may be taken pursuant to this Act, including limiting the scope, nature, or extent of the licensee's practice. If the licensee or applicant fails to file an answer after service of notice, his or her license may, at the discretion of the Office of Banks and Real Estate, be suspended, revoked, or placed on probationary status and the Office of Banks and Real Estate may take whatever disciplinary action it deems proper, including limiting the scope, nature, or extent of the person's practice, without a hearing.

(c) At the time and place fixed in the notice, the Board shall conduct hearing of the charges, providing both the accused person and the complainant ample opportunity to present in person or by counsel such statements, testimony, evidence, and argument as may be pertinent to the charges or to a defense thereto.

(d) The Board shall present to the Commissioner a written report of its findings and recommendations. A copy of the report shall be served upon the licensee or applicant, either personally or by certified mail. Within 20 days after the service, the licensee or applicant may present the Commissioner with a motion in writing for either a rehearing, a proposed finding of fact, a conclusion of law, or an alternative sanction, and shall specify the particular grounds for the request. If the accused orders a transcript of the record as provided in this Act, the time elapsing thereafter and before the transcript is ready for delivery to the accused shall not be counted as part of the 20 days. If the Commissioner is not satisfied that substantial justice has been done, the Commissioner may order a rehearing by the Board or other special committee appointed by the Commissioner, may remand the matter to the Board for its reconsideration of the matter based on the pleadings and evidence presented to the Board, or may enter a final order in contravention of the Board's recommendation. In all instances under this Act in which the Board has rendered a recommendation to the Commissioner with respect to a particular licensee or applicant, the Commissioner, if he or she disagrees with the recommendation of the Board, shall file with the Board and provide to the licensee or applicant a copy of the Commissioner's specific written reasons for disagreement with the Board. The reasons shall be filed within 60 days of the Board's recommendation to the Commissioner and prior to any contrary action. At the expiration of the time specified for filing a motion for a rehearing, the Commissioner shall have the right to take any of the actions specified in this subsection (d). Upon the suspension or revocation of a license, the licensee shall be required to surrender his or her license to OBRE, and upon failure or refusal to do so, OBRE shall have the right to seize the license.

(e) The Office of Banks and Real Estate has the power to issue subpoenas and subpoenas duces tecum to bring before it any licensee or person in this State, to take testimony, or to require production of any document or record that is records relevant to an inquiry, investigation, or hearing by the Board in the same manner as prescribed by law in judicial proceedings in the courts of this State. In a case of refusal of a witness to attend, testify, or to produce books or papers concerning a matter upon which he or she might be lawfully examined, the circuit court of the county where the hearing is held, upon application of the Office of Banks and Real Estate or any party to the proceeding, may compel obedience by proceedings as for contempt.

(f) Any license that is suspended indefinitely or revoked may not be restored for a minimum period of 2 years, or as otherwise ordered by the Commissioner.

(g) In addition to the provisions of this Section concerning the conduct of hearings and the recommendations for discipline, OBRE has the authority to negotiate disciplinary and non-disciplinary settlement agreements concerning any license issued under this Act. All such agreements shall be recorded as Consent Orders or Consent to Administrative Supervision Orders.

(h) The Commissioner shall have the authority to appoint an attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action to suspend, revoke, or otherwise discipline any license issued by the Office of Banks and Real Estate. The Hearing Officer shall have full authority to conduct the hearing.

(i) OBRE, at its expense, shall preserve a record of all formal hearings of any contested case involving the discipline of a license. At all hearings or pre-hearing conferences, OBRE and the licensee shall be entitled to have the proceedings transcribed by a certified shorthand reporter. A copy of the transcribed proceedings shall be made available to the licensee by the certified shorthand reporter upon payment of the prevailing contract copy rate.

(Source: P.A. 92-180, eff. 7-1-02.)