Full Text of SB0482 94th General Assembly
SB0482ham005 94TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 4/11/2006
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09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
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| AMENDMENT TO SENATE BILL 482
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| AMENDMENT NO. ______. Amend Senate Bill 482, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Real Estate Appraiser Licensing Act of 2002 | 6 |
| is amended by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20, | 7 |
| 5-25, 5-30, 5-35, 5-40, 5-45, 5-55, 10-5, 10-10, 10-15, 10-20, | 8 |
| 15-5, 15-10, 15-15, 15-20, 15-30, 15-35, 15-40, 15-45, 15-50, | 9 |
| 15-55, 15-60, 20-5, 20-10, 25-5, 25-10, 25-15, 25-20, 25-25, | 10 |
| and 30-10 and by adding Sections 15-17 and 5-21 as follows:
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| (225 ILCS 458/1-10)
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| (Section scheduled to be repealed on January 1, 2012)
| 13 |
| Sec. 1-10. Definitions. As used in this Act, unless the | 14 |
| context
otherwise requires:
| 15 |
| "Accredited college or university, junior college, or | 16 |
| community college" means a college or university, junior | 17 |
| college, or community college that is approved or accredited by | 18 |
| the Board of Higher Education, a regional or national | 19 |
| accreditation association, or by an accrediting agency that is | 20 |
| recognized by the U.S. Secretary of Education.
| 21 |
| "Applicant" means person who applies to the Department
OBRE
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| for a license under this Act.
| 23 |
| "Appraisal" means
(noun) the act or process of developing | 24 |
| an opinion of value; an
opinion of value (adjective) of or |
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| pertaining to appraising
and related functions , such as | 2 |
| appraisal practices . | 3 |
| "Appraisal assignment" means an engagement for which an | 4 |
| appraiser is employed or retained to act, or would be perceived | 5 |
| by third parties or the public as acting, as a disinterested | 6 |
| third party. | 7 |
| "Appraisal practice" means valuation services performed by | 8 |
| an individual acting as an appraiser, including, but not | 9 |
| limited to, appraisal, appraisal review, or appraisal | 10 |
| consulting.
| 11 |
| "Appraisal report" means any communication, written or | 12 |
| oral, or any appraisal, appraisal review, or appraisal | 13 |
| consulting service that is transmitted to a client upon | 14 |
| completion of an assignment
a written appraisal by an appraiser | 15 |
| to a client .
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| "Appraisal review" means the act or process of developing | 17 |
| and communicating an opinion about the quality of another | 18 |
| appraiser's work that was performed as part of an appraisal, | 19 |
| appraisal review, or appraisal consulting assignment.
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| "Appraisal Subcommittee" means the Appraisal Subcommittee | 21 |
| of the Federal
Financial Institutions
Examination Council as | 22 |
| established by Title XI.
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| "Appraiser" means a person who performs or offers to | 24 |
| perform valuation services competently and in a manner that is | 25 |
| independent, impartial, and objective
real estate or real | 26 |
| property
appraisals .
| 27 |
| "AQB" means the Appraisal Qualifications Board of the | 28 |
| Appraisal Foundation.
| 29 |
| "Associate real estate trainee appraiser" means an | 30 |
| entry-level appraiser who holds
a license of this | 31 |
| classification under this Act and applies to
the appraisal of | 32 |
| non-complex property having a transaction
value less than | 33 |
| $1,000,000, but with restrictions as to the scope of practice
| 34 |
| in
accordance with this Act.
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| "Board" means the Real Estate Appraisal Administration and | 2 |
| Disciplinary Board.
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| "Classroom hour" means 50 minutes of instruction out of | 4 |
| each 60 minute
segment of coursework.
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| "Client" means the party or parties who engage an appraiser | 6 |
| by employment or contract in a specific assignment
a person who | 7 |
| utilizes the services of an appraiser or engages
an appraiser | 8 |
| for an appraisal
by employment or contract .
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| "Commissioner" means the Commissioner of the Office of | 10 |
| Banks and Real Estate
or his or her designee.
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| "Coordinator" means the Coordinator of Real Estate | 12 |
| Appraisal of the Division of Professional Regulation of the | 13 |
| Department of Financial and Professional Regulation.
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| "Director" means the Director of the Real Estate Appraisal | 15 |
| Division of OBRE
or his or her designee.
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| "Department" means the Department of Financial and | 17 |
| Professional Regulation.
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| "Federal financial institutions regulatory agencies" means | 19 |
| the Board of
Governors of the Federal Reserve
System, the | 20 |
| Federal Deposit Insurance Corporation, the Office of the
| 21 |
| Comptroller of the Currency, the
Office of Thrift Supervision, | 22 |
| and the National Credit Union Administration.
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| "Federally related transaction" means any real | 24 |
| estate-related financial
transaction in which a federal
| 25 |
| financial institutions regulatory agency, the Department of | 26 |
| Housing
and Urban Development, Fannie Mae, Freddie Mae, or the | 27 |
| National
Credit Union Administration
engages in, contracts | 28 |
| for, or
regulates and requires the services
of an appraiser.
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| "Financial institution" means any bank, savings bank, | 30 |
| savings and loan
association, credit union,
mortgage broker, | 31 |
| mortgage banker, licensee under the Consumer Installment Loan
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| Act or the Sales
Finance Agency Act, or a corporate fiduciary, | 33 |
| subsidiary, affiliate, parent
company, or holding company
of | 34 |
| any such licensee, or any institution involved in real estate |
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| financing that
is regulated by state or
federal law.
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| "Modular Course" means the Appraisal Qualifying Course | 3 |
| Design conforming to the Sub Topics Course Outline contained in | 4 |
| the AQB Criteria 2008.
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| "OBRE" means the Office of Banks and Real Estate.
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| "Real estate" means an identified parcel or tract of land, | 7 |
| including any
improvements.
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| "Real estate related financial transaction" means any | 9 |
| transaction involving:
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| (1) the sale, lease, purchase, investment in, or | 11 |
| exchange of real
property,
including interests
in property | 12 |
| or the financing thereof;
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| (2) the refinancing of real property or interests in | 14 |
| real property; and
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| (3) the use of real property or interest in property as | 16 |
| security for a
loan or
investment,
including mortgage | 17 |
| backed securities.
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| "Real property" means the interests, benefits, and rights | 19 |
| inherent in the
ownership of real estate.
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| "Secretary" means the Secretary of Financial and | 21 |
| Professional Regulation.
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| "State certified general real estate
appraiser" means an | 23 |
| appraiser who holds a
license of this classification under this | 24 |
| Act
and such classification applies to
the appraisal of all | 25 |
| types of real property without restrictions as to
the scope of | 26 |
| practice.
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| "State certified residential real estate
appraiser" means | 28 |
| an appraiser who
holds a
license of this classification
under | 29 |
| this Act
and such classification applies to
the appraisal of
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| one to 4 units of
residential real property without regard to | 31 |
| transaction value or complexity,
but with restrictions as to | 32 |
| the
scope of practice , as set forth in this Act, and any other | 33 |
| requirements set forth in this Act or
in a federally related | 34 |
| transaction in accordance with Title
XI, the provisions of |
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| USPAP,
criteria established by the AQB, and further defined by | 2 |
| rule.
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| "Supervising appraiser" means either (i) an appraiser who | 4 |
| holds a valid license under this Act as either a State | 5 |
| certified general real estate appraiser or a State certified | 6 |
| residential real estate appraiser, who co-signs an appraisal | 7 |
| report for an associate real estate trainee appraiser or (ii) a | 8 |
| State certified general real estate appraiser who holds a valid | 9 |
| license under this Act who cosigns an appraisal report for a | 10 |
| State certified residential real estate appraiser on | 11 |
| properties other than one to 4 units of residential real | 12 |
| property without regard to transaction value or complexity.
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| "State licensed real estate appraiser" means an appraiser | 14 |
| who holds a
real estate appraiser license
issued pursuant to a | 15 |
| predecessor Act. A real estate appraiser
license authorizes its | 16 |
| holder to conduct the
appraisal of non-complex one
to 4 units | 17 |
| of residential real property having a transaction value less | 18 |
| than
$1,000,000 and complex one
to 4 residential units of real | 19 |
| property having a value less than $250,000, but
with | 20 |
| restrictions as to the
scope of practice in accordance with | 21 |
| Title XI, criteria established by USPAP,
by the AQB, by this | 22 |
| Act,
and by rule. No such initial license shall be issued
after | 23 |
| the effective date of this Act
or renewed after
September 30, | 24 |
| 2003 under this Act.
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| "Title XI" means Title XI of the federal Financial | 26 |
| Institutions Reform,
Recovery and
Enforcement Act of 1989.
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| "USPAP" means the Uniform Standards of Professional | 28 |
| Appraisal Practice as
promulgated by the
Appraisal Standards | 29 |
| Board pursuant to Title XI and by rule.
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| (Source: P.A. 92-180, eff. 7-1-02.)
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| (225 ILCS 458/5-5)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 5-5. Necessity of license; use of title; exemptions.
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| (a) Beginning July 1, 2002, it is unlawful for a person to | 2 |
| (i) act , offer services, or advertise services
or assume
to
act
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| as a State certified residential real estate
appraiser, State | 4 |
| certified general appraiser, or associate real estate trainee | 5 |
| appraiser
to engage in the
business of real estate appraisal , | 6 |
| (ii)
to develop a real estate appraisal,
(iii)
to
practice as a | 7 |
| real estate
appraiser, (iv)
or
to advertise or hold himself or | 8 |
| herself out to be a real estate
appraiser , or (v) solicit | 9 |
| clients or enter into an appraisal engagement with clients
in | 10 |
| connection with a
federally related transaction
without a real | 11 |
| estate appraiser license issued under this Act. A person who
| 12 |
| violates this subsection is
guilty of a Class A misdemeanor for | 13 |
| a first offense and a Class 4 felony for any subsequent | 14 |
| offense .
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| (b) Beginning July 1, 2002, it is unlawful for a person, | 16 |
| other than a
person who holds a valid license issued pursuant | 17 |
| to this
Act as a State certified general real estate appraiser, | 18 |
| a
State
certified
residential real estate appraiser,
an | 19 |
| associate real estate trainee appraiser, or as a State licensed | 20 |
| real estate
appraiser issued pursuant to
a predecessor Act to | 21 |
| use these titles or any other title, designation, or
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| abbreviation likely to create the
impression that the person is | 23 |
| licensed as a real estate appraiser pursuant to
this Act. A | 24 |
| person who
violates this subsection is guilty of a Class A | 25 |
| misdemeanor for a first offense and a Class 4 felony for any | 26 |
| subsequent offense .
| 27 |
| (c) This
The licensing requirements of this Act does
do not | 28 |
| apply to
require a real estate
broker
or salesperson who holds | 29 |
| a
valid license pursuant to the Real Estate License Act of | 30 |
| 2000, to be licensed
as a real estate appraiser
under this Act,
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| unless the broker or salesperson is
providing a written opinion | 32 |
| of value on real property for the purpose of allowing a person | 33 |
| or entity to secure a mortgage on that real property or a | 34 |
| written opinion of value in which the opinion provided is |
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| described or represented in the content of the written opinion | 2 |
| of value as an appraisal
or attempting to provide an appraisal | 3 |
| report, as defined in Section
1-10 of this Act, in connection | 4 |
| with a federally-related transaction .
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| (d) This Act does not apply to a township assessor, | 6 |
| multi-township assessor, county supervisor of assessments, or | 7 |
| any deputy or employee of any township assessor, multi-township | 8 |
| assessor, or county supervisor of assessments who is performing | 9 |
| his or her respective duties in accordance with the provisions | 10 |
| of the Property Tax Code.
| 11 |
| (e) Any person who is not exempt under this Act and who | 12 |
| conducts a real estate appraisal must be licensed under this | 13 |
| Act. A person who violates this subsection (e) is guilty of a | 14 |
| Class A misdemeanor for a first offense and a Class 4 felony | 15 |
| for any subsequent offense.
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| (f) For the purposes of this Section, "services"
| 17 |
| subsection, "brokerage service" means the
activities
activity
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| of offering, negotiating,
buying, listing, selling, or leasing | 19 |
| real estate or procuring or referring
prospects intended to | 20 |
| result in the
listing, sale, purchase, lease, or exchange of | 21 |
| real estate for another and for
compensation.
| 22 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 23 |
| (225 ILCS 458/5-10)
| 24 |
| (Section scheduled to be repealed on January 1, 2012)
| 25 |
| Sec. 5-10. Application for State
certified general real | 26 |
| estate appraiser.
| 27 |
| (a) Every person who
desires to obtain a State certified | 28 |
| general real estate appraiser license
shall:
| 29 |
| (1) apply to the Department
OBRE on forms provided by the | 30 |
| Department
OBRE accompanied by the required fee;
| 31 |
| (2) be at least 18 years of age;
| 32 |
| (3) (blank);
provide evidence of having attained a high | 33 |
| school diploma or completed
an
equivalent
course of
study as |
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| determined by an examination conducted
or accepted
by the | 2 |
| Illinois State Board of
Education;
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| (4) personally take and pass an examination authorized by | 4 |
| the Department
OBRE and endorsed
by the AQB;
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| (5) prior to taking the examination, provide evidence to | 6 |
| the Department, in Modular Course format, with each module | 7 |
| conforming to the Real Property Appraiser Qualification | 8 |
| Criteria established and adopted by the AQB on February 20, | 9 |
| 2004,
OBRE that he or she
has successfully completed the | 10 |
| prerequisite
classroom hours of instruction in appraising as | 11 |
| established by the AQB and by
rule; and
| 12 |
| (6) prior to taking the examination, provide evidence
to | 13 |
| the Department
OBRE that he or she has successfully completed | 14 |
| the prerequisite
experience requirements in appraising as | 15 |
| established by AQB and by rule.
| 16 |
| (b) Before December 31, 2007, applicants must provide | 17 |
| evidence to the Department of having attained a high school | 18 |
| diploma or completed
an
equivalent
course of
study as | 19 |
| determined by an examination conducted
or accepted
by the State | 20 |
| Board of
Education.
| 21 |
| (c) On or after December 31, 2007, applicants must provide | 22 |
| evidence to the Department of (i) holding a Bachelor's degree | 23 |
| or higher from an accredited college or university or (ii) | 24 |
| successfully passing 30 semester credit hours or the equivalent | 25 |
| from an accredited college or university, junior college, or | 26 |
| community college in the following subjects: | 27 |
| (1) English composition; | 28 |
| (2) micro economics; | 29 |
| (3) macro economics; | 30 |
| (4) finance; | 31 |
| (5) algebra, geometry, or higher mathematics; | 32 |
| (6) statistics; | 33 |
| (7) introduction to computers-word
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| processing/spreadsheets; |
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| (8) business or real estate law; and | 2 |
| (9) two elective courses in accounting, geography,
| 3 |
| agricultural economics, business management, or real
| 4 |
| estate and any other requirements established by the | 5 |
| Department by rule. | 6 |
| If an accredited college or university accepts the | 7 |
| College-Level Examination Program (CLEP) examinations and | 8 |
| issues a transcript for the exam showing its approval, it will | 9 |
| be considered credit for the college course for the purposes of | 10 |
| meeting the requirements of this subsection (c).
| 11 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 12 |
| (225 ILCS 458/5-15)
| 13 |
| (Section scheduled to be repealed on January 1, 2012)
| 14 |
| Sec. 5-15. Application for State certified residential | 15 |
| real estate
appraiser. Every person who
desires to obtain a | 16 |
| State certified residential real estate appraiser license
| 17 |
| shall:
| 18 |
| (1) apply to the Department
OBRE on forms provided by the | 19 |
| Department
OBRE accompanied by the required fee;
| 20 |
| (2) be at least 18 years of age;
| 21 |
| (3) (blank);
provide evidence of having attained a high | 22 |
| school diploma or completed
an equivalent
course of
study as | 23 |
| determined by an examination conducted
or accepted
by the | 24 |
| Illinois State Board of
Education;
| 25 |
| (4) personally take and pass an examination authorized by | 26 |
| the Department
OBRE and endorsed
by
the AQB;
| 27 |
| (5) prior to taking the examination, provide evidence
to | 28 |
| the Department, in Modular Course format, with each module | 29 |
| conforming to the Real Property Appraiser Qualification | 30 |
| Criteria established and adopted by the AQB on February 20, | 31 |
| 2004,
OBRE that he or she has successfully completed the | 32 |
| prerequisite
classroom hours of instruction in appraising as | 33 |
| established by the AQB and by
rule; and
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| (6) prior to taking the examination, provide evidence
to | 2 |
| the Department
OBRE that he or she has successfully completed | 3 |
| the prerequisite
experience requirements as established by AQB | 4 |
| and by rule.
| 5 |
| (b) Before December 31, 2007, applicants must provide | 6 |
| evidence of having attained a high school diploma or completed
| 7 |
| an equivalent
course of
study as determined by an examination | 8 |
| conducted
or accepted
by the State Board of
Education;
| 9 |
| (c) On or after December 31, 2007, applicants must provide | 10 |
| evidence to the Department of (i) holding an Associate's degree | 11 |
| or its equivalent from an accredited college or university, | 12 |
| junior college, or community college or (ii) successfully | 13 |
| passing 21 semester credit hours or the equivalent from an | 14 |
| accredited college or university, junior college, or community | 15 |
| college in the following subjects: | 16 |
| (1) English composition; | 17 |
| (2) principals of economics (micro or macro); | 18 |
| (3) finance; | 19 |
| (4) algebra, geometry, or higher mathematics; | 20 |
| (5) statistics; | 21 |
| (6) introduction to computers-word
processing and | 22 |
| spreadsheets; | 23 |
| (7) business or real estate law; and | 24 |
| (8) any other requirements established by the | 25 |
| Department by rule.
| 26 |
| If an accredited college or university accepts the | 27 |
| College-Level Examination Program (CLEP) examinations and | 28 |
| issues a transcript for the exam showing its approval, it will | 29 |
| be considered credit for the college course for the purposes of | 30 |
| the requirements of this subsection (c).
| 31 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 32 |
| (225 ILCS 458/5-20)
| 33 |
| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 5-20. Application for associate real estate trainee
| 2 |
| appraiser. (a) Every person who desires to obtain an associate | 3 |
| real estate trainee appraiser
license shall:
| 4 |
| (1) apply to the Department
OBRE on forms provided by | 5 |
| the Department
OBRE accompanied by the required
fee;
| 6 |
| (2) be at least 18 years of age;
| 7 |
| (3) provide evidence of having attained a high school | 8 |
| diploma or completed
an
equivalent course of
study as | 9 |
| determined by an examination conducted
or accepted
by the | 10 |
| Illinois State Board of
Education;
| 11 |
| (4) personally take and pass an examination authorized | 12 |
| by the Department
OBRE and
endorsed by the
AQB; and
| 13 |
| (5) prior to taking the examination, provide evidence
| 14 |
| to the Department
OBRE that he or she has successfully
| 15 |
| completed
the prerequisite classroom hours of instruction | 16 |
| in appraising as established by
rule.
| 17 |
| (b) A person who holds a valid license as a licensed real | 18 |
| estate
appraiser, issued pursuant to
a predecessor Act, may | 19 |
| convert that license to an associate real estate
appraiser | 20 |
| license by making application
to
OBRE
on forms provided by
OBRE | 21 |
| accompanied by the required fee.
| 22 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 23 |
| (225 ILCS 458/5-21 new)
| 24 |
| (Section scheduled to be repealed on January 1, 2012) | 25 |
| Sec. 5-21. Change of address notification. Any individual | 26 |
| licensed under this Act must inform the Department of any | 27 |
| change of address in a manner and within the amount of time | 28 |
| determined by the Department.
| 29 |
| (225 ILCS 458/5-25)
| 30 |
| (Section scheduled to be repealed on January 1, 2012)
| 31 |
| Sec. 5-25. Renewal of license.
| 32 |
| (a) The expiration date and renewal period
for a State |
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| certified general
real estate appraiser license
or a State | 2 |
| certified residential
real estate appraiser license issued | 3 |
| under
this Act shall be set by rule.
Except as otherwise | 4 |
| provided in subsections (b) and (f) of this Section, the
holder | 5 |
| of a license may renew
the license within 90 days preceding the | 6 |
| expiration date by:
| 7 |
| (1) completing and submitting to the Department
OBRE a | 8 |
| renewal application form as
provided by
the Department
| 9 |
| OBRE ;
| 10 |
| (2) paying the required fees; and
| 11 |
| (3) providing evidence of successful completion of the | 12 |
| continuing
education requirements through courses approved | 13 |
| by the Department
OBRE from
education providers licensed by | 14 |
| the Department
OBRE , as established by the AQB
and by rule.
| 15 |
| (b) A State certified general real estate appraiser
or | 16 |
| State certified
residential real estate
appraiser whose | 17 |
| license under this Act has expired may renew
the license for a | 18 |
| period of
2 years following the expiration date by complying | 19 |
| with the requirements of
paragraphs (1), (2),
and (3) of | 20 |
| subsection (a)
of this Section and paying any late penalties | 21 |
| established by rule.
| 22 |
| (c) (Blank).
A State licensed real estate appraiser's | 23 |
| license
issued pursuant to a
predecessor Act shall continue in | 24 |
| effect until the earlier of its expiration
date or September | 25 |
| 30, 2003. The holder of such a license may not
renew the | 26 |
| license for any period after
September 30, 2003, but may | 27 |
| convert the license to an associate real estate
appraiser | 28 |
| license under this Act until
September 30, 2003 pursuant to | 29 |
| subsection (b) of Section 5-20 of this Act.
| 30 |
| (d) The expiration date and renewal period for an associate | 31 |
| real estate
trainee appraiser license issued under this
Act | 32 |
| shall be set by rule. Except as otherwise provided in | 33 |
| subsections (e) and
(f) of this Section, the holder
of an | 34 |
| associate real estate appraiser license may renew the license |
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| within 90
days preceding the expiration date by:
| 2 |
| (1) completing and submitting to the Department
OBRE a | 3 |
| renewal application form as
provided by the Department
| 4 |
| OBRE ;
| 5 |
| (2) paying the required fees; and
| 6 |
| (3) providing evidence of successful completion of the | 7 |
| continuing
education requirements through
courses approved | 8 |
| by the Department
OBRE from education providers approved
by | 9 |
| the Department
OBRE , as established by rule.
| 10 |
| (e) Any associate real estate appraiser trainee whose | 11 |
| license under this Act has
expired may
renew the license for a | 12 |
| period of 2 years following the expiration date
by complying | 13 |
| with the requirements of paragraphs
(1), (2), and (3) of | 14 |
| subsection (d) of this Section and paying any late
penalties
as | 15 |
| established by rule. An associate real estate trainee appraiser | 16 |
| license may not be renewed more than 2 times.
| 17 |
| (f) Notwithstanding subsections (c) and (e), an
appraiser | 18 |
| whose license
under this Act has expired may renew or convert | 19 |
| the license without
paying any lapsed renewal
fees or late | 20 |
| penalties if the license expired while the appraiser was:
| 21 |
| (1) on active duty with the United States Armed | 22 |
| Services;
| 23 |
| (2) serving as the Coordinator
Director of Real Estate | 24 |
| Appraisal or an employee of
the Department
OBRE who was | 25 |
| required to surrender his or her license during the term of
| 26 |
| employment.
| 27 |
| Application for renewal must be made within 2 years | 28 |
| following
the termination of the military service or related | 29 |
| education, training, or
employment. The
licensee shall furnish | 30 |
| the Department
OBRE with an affidavit that he or she was so | 31 |
| engaged.
| 32 |
| (g) The Department
OBRE shall provide reasonable care and | 33 |
| due diligence to ensure that each
licensee under this Act
is | 34 |
| provided with a renewal application at least 90 days prior to |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| the expiration
date, but
each licensee is responsible to
timely | 2 |
| renew or convert his or her license prior to its expiration | 3 |
| date.
| 4 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 5 |
| (225 ILCS 458/5-30)
| 6 |
| (Section scheduled to be repealed on January 1, 2012)
| 7 |
| Sec. 5-30. Reciprocity; consent to jurisdiction. (a) A | 8 |
| nonresident who holds a valid appraiser license issued to him | 9 |
| or her
by the
proper licensing authority
of a state, territory, | 10 |
| possession of the United States, or the District of
Columbia | 11 |
| that has licensing
requirements equal to or substantially | 12 |
| equivalent to the requirements of the
State of Illinois and | 13 |
| otherwise
meets the requirements for licensure may obtain a | 14 |
| license without examination,
provided that:
| 15 |
| (1) the Department
OBRE has entered into a valid | 16 |
| reciprocal agreement with the proper
licensing authority
| 17 |
| of the state, territory, or possession of the United | 18 |
| States, or the District of
Columbia;
| 19 |
| (2) the applicant provides the Department
OBRE with a | 20 |
| certificate of good standing from
the licensing authority | 21 |
| of the applicant's place of residence or by
an Appraisal | 22 |
| Subcommittee National Registry
registry history report;
| 23 |
| (3) the applicant completes and submits an application | 24 |
| as provided by the Department
OBRE and
the applicant pays | 25 |
| all applicable fees as established by rule
required under | 26 |
| this Act .
| 27 |
| (b) A nonresident applicant shall file an irrevocable | 28 |
| consent with OBRE
authorizing that actions may be
commenced | 29 |
| against the applicant or nonresident licensee in a court of
| 30 |
| competent jurisdiction in the State
of Illinois by the service | 31 |
| of summons, process, or other pleading authorized by
law upon | 32 |
| the
Commissioner. The consent shall stipulate and agree that | 33 |
| service of the
summons, process, or pleading
upon the |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| Commissioner shall be taken and held in all courts to be valid | 2 |
| and
binding as if actual service
had been made upon the | 3 |
| nonresident licensee in Illinois. If a summons,
process, or | 4 |
| other pleading is
served upon the Commissioner, it shall be by | 5 |
| duplicate copies, one of which
shall be retained by OBRE
and | 6 |
| the other of which shall be immediately forwarded by certified | 7 |
| or
registered mail to the last
known address of the nonresident | 8 |
| licensee against whom the summons, process, or
other pleading | 9 |
| may be directed .
| 10 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 11 |
| (225 ILCS 458/5-35)
| 12 |
| (Section scheduled to be repealed on January 1, 2012)
| 13 |
| Sec. 5-35. Pre-license education requirements.
| 14 |
| (a) The prerequisite
classroom hours necessary for a person | 15 |
| to be
approved to sit for the examination for licensure as a
| 16 |
| State
certified general real
estate
appraiser
or
a State | 17 |
| certified residential
real estate appraiser
shall be in | 18 |
| accordance with AQB criteria and established
by rule.
| 19 |
| (b) The prerequisite classroom hours necessary for a person
| 20 |
| to sit for the examination for licensure as an associate real
| 21 |
| estate trainee appraiser shall be established by rule.
| 22 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 23 |
| (225 ILCS 458/5-40)
| 24 |
| (Section scheduled to be repealed on January 1, 2012)
| 25 |
| Sec. 5-40. Pre-license experience requirements. The
| 26 |
| prerequisite experience necessary for a person to be approved | 27 |
| to sit for the
examination
for licensure as a State certified | 28 |
| general real estate
appraiser or a State certified
residential | 29 |
| real
estate appraiser shall be in accordance with AQB criteria | 30 |
| and established by
rule.
| 31 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| (225 ILCS 458/5-45)
| 2 |
| (Section scheduled to be repealed on January 1, 2012)
| 3 |
| Sec. 5-45. Continuing education renewal requirements.
| 4 |
| (a) The continuing education requirements for a person to | 5 |
| renew a license as
a State certified general
real estate | 6 |
| appraiser
or
a State certified residential real estate | 7 |
| appraiser
shall be in accordance with AQB criteria and
| 8 |
| established by rule.
| 9 |
| (b) The continuing education requirements for a person to
| 10 |
| renew a license as an associate real estate trainee appraiser | 11 |
| shall be
established by rule.
| 12 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 13 |
| (225 ILCS 458/5-55)
| 14 |
| (Section scheduled to be repealed on January 1, 2012)
| 15 |
| Sec. 5-55. Fees. The Department
OBRE shall establish rules | 16 |
| for fees to be paid by applicants and licensees to
cover the | 17 |
| reasonable costs
of the Department
OBRE in administering and | 18 |
| enforcing the provisions of this Act. The Department
OBRE may
| 19 |
| also establish rules for
general fees to cover the reasonable | 20 |
| expenses of carrying out other functions
and responsibilities | 21 |
| under
this Act.
| 22 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 23 |
| (225 ILCS 458/10-5)
| 24 |
| (Section scheduled to be repealed on January 1, 2012)
| 25 |
| Sec. 10-5. Scope of practice.
| 26 |
| (a) This Act does not limit a
State
certified general real | 27 |
| estate appraiser
in his or
her scope of practice in
a federally | 28 |
| related transaction . A certified general real estate appraiser
| 29 |
| may independently provide
appraisal
services, review, or | 30 |
| consulting
relating to any type of property for which he or she | 31 |
| has experience or
and is
competent. All such appraisal
practice | 32 |
| must be made in accordance with the provisions of USPAP, |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| criteria
established by the AQB, and rules adopted pursuant to | 2 |
| this Act.
| 3 |
| (b) A State certified residential real estate appraiser is | 4 |
| limited in his or
her scope of practice in all transactions in | 5 |
| accordance with
in a
federally related transaction as provided | 6 |
| by Title XI,
the provisions of USPAP, criteria established by | 7 |
| the AQB, and the
rules adopted pursuant to this Act.
| 8 |
| (c) A State certified residential real estate appraiser | 9 |
| must have a State certified general real estate appraiser who | 10 |
| holds a valid license under this Act co-sign all appraisal | 11 |
| reports on properties other than one to 4 units of residential | 12 |
| real property without regard to transaction value or | 13 |
| complexity.
A State licensed real estate appraiser is limited | 14 |
| in his or her scope of
practice in a federally
related | 15 |
| transaction
as provided by Title XI, the
provisions of USPAP, | 16 |
| criteria established by the AQB, and the
rules adopted pursuant | 17 |
| to this Act. No State licensed
real estate appraiser license | 18 |
| shall be issued on or after
September 30, 2003 under this Act.
| 19 |
| (d) An associate real estate trainee appraiser is limited | 20 |
| in his or her scope of
practice in all transactions in | 21 |
| accordance with the provisions of
USPAP, this
Act, and the | 22 |
| rules adopted pursuant to this Act. In addition,
an associate | 23 |
| real estate trainee appraiser shall be required to have
a State | 24 |
| certified
general real estate
appraiser or State certified | 25 |
| residential real estate appraiser who holds a
valid license | 26 |
| under this Act
to co-sign all appraisal reports. The associate | 27 |
| real estate trainee appraiser licensee may have more than one | 28 |
| supervising appraiser; however, supervising appraisers may not | 29 |
| supervise more than 3 associate real estate trainee appraisers | 30 |
| at one time. A chronological appraisal log on an approved log | 31 |
| form shall be maintained by the associate real estate trainee | 32 |
| appraiser and shall be made available to the Department upon | 33 |
| request.
| 34 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| (225 ILCS 458/10-10)
| 2 |
| (Section scheduled to be repealed on January 1, 2012)
| 3 |
| Sec. 10-10. Standards of practice. All persons licensed | 4 |
| under this Act
must comply with standards
of professional | 5 |
| appraisal practice adopted by the Department
OBRE . The | 6 |
| Department
OBRE must adopt, as part
of
its rules, the Uniform
| 7 |
| Standards of Professional Appraisal Practice (USPAP) as | 8 |
| published from time to time by
the Appraisal Standards
Board of | 9 |
| the Appraisal Foundation. The Department
OBRE shall consider | 10 |
| federal laws and
regulations regarding the
licensure of real | 11 |
| estate appraisers prior to adopting its rules for the
| 12 |
| administration of this Act.
| 13 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 14 |
| (225 ILCS 458/10-15)
| 15 |
| (Section scheduled to be repealed on January 1, 2012)
| 16 |
| Sec. 10-15. Identifying client. In addition to any other | 17 |
| requirements
for disclosure of a client on
an appraisal report, | 18 |
| a licensee under this Act shall also identify on the
appraisal | 19 |
| report the individual by name
who ordered or originated the
| 20 |
| appraisal assignment. If an individual's name is not provided | 21 |
| due to an automated ordering system, an email address for the | 22 |
| delivery of the appraisal report must be identified on the | 23 |
| appraisal report.
| 24 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 25 |
| (225 ILCS 458/10-20)
| 26 |
| (Section scheduled to be repealed on January 1, 2012)
| 27 |
| Sec. 10-20. Retention of records. A person licensed under | 28 |
| this Act shall
retain the original
copy of all written | 29 |
| contracts engaging his or her services as an appraiser and
all | 30 |
| appraisal
reports, including any supporting data used to | 31 |
| develop the appraisal report,
for a period of 5 years or 2
|
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| years after the final disposition of any judicial proceeding in | 2 |
| which testimony
was given, whichever is
longer. In addition, a | 3 |
| person licensed under this Act shall retain contracts,
logs, | 4 |
| and appraisal reports used
in meeting pre-license experience | 5 |
| requirements for a period of 5 years and shall be made | 6 |
| available to the Department upon request .
| 7 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 8 |
| (225 ILCS 458/15-5)
| 9 |
| (Section scheduled to be repealed on January 1, 2012)
| 10 |
| Sec. 15-5. Unlicensed practice; civil penalty; injunctive | 11 |
| relief.
| 12 |
| (a) A person who violates Section 5-5 of this Act
shall, in | 13 |
| addition to any other penalty provided by law, pay a civil | 14 |
| penalty
to the Department
OBRE in an amount not
to exceed | 15 |
| $25,000
$10,000 for each violation as determined by the | 16 |
| Secretary
Commissioner . The
civil penalty shall
be assessed by | 17 |
| the Secretary
Commissioner after a hearing in accordance with | 18 |
| the provisions of this Act regarding the provision of a hearing | 19 |
| for the discipline of a license .
| 20 |
| (b) The Department
OBRE has the authority to investigate | 21 |
| any activity that may violate
this Act.
| 22 |
| (c) A civil penalty imposed pursuant to subsection (a) | 23 |
| shall be paid within
60 days after the effective date
of the | 24 |
| order imposing the
civil penalty. The order shall constitute a | 25 |
| judgment and may be filed and executed in the same manner as | 26 |
| any judgment from any court of record
OBRE may petition the | 27 |
| circuit court for a judgment to
enforce the
collection of the | 28 |
| penalty .
Any civil penalty collected under this Act shall be | 29 |
| made payable to the Department of Financial and Professional | 30 |
| Regulation
Office of
Banks and Real Estate and
deposited into | 31 |
| the Appraisal Administration Fund. In addition to or in lieu of
| 32 |
| the imposition of a civil
penalty, the Department
OBRE may | 33 |
| report a violation of this Act or the failure or refusal to
|
|
|
|
09400SB0482ham005 |
- 20 - |
LRB094 10608 RAS 58265 a |
|
| 1 |
| comply with an order of the Department
OBRE to the Attorney | 2 |
| General or to the appropriate State's Attorney.
| 3 |
| (d) Practicing as an appraiser without holding a valid | 4 |
| license as required
under this Act
is declared
to be adverse to | 5 |
| the public welfare, to constitute a public nuisance, and to
| 6 |
| cause irreparable harm to the
public welfare. The Secretary
| 7 |
| Commissioner , the Attorney General, or the State's
Attorney
of | 8 |
| any county in the State
may maintain an action for injunctive | 9 |
| relief in any circuit court to enjoin any
person from
engaging | 10 |
| in such practice.
| 11 |
| Upon the filing of a verified petition in a circuit court, | 12 |
| the court, if
satisfied by affidavit or otherwise that
a person | 13 |
| has been engaged in the practice of real estate appraisal | 14 |
| without a
valid license,
may enter a temporary restraining | 15 |
| order without notice or bond
enjoining the defendant
from | 16 |
| further practice. The showing of non-licensure, by affidavit or
| 17 |
| otherwise, is sufficient
for the issuance of a temporary | 18 |
| injunction.
If it is established that the defendant has been or | 19 |
| is engaged
in unlawful practice, the court
may enter an order | 20 |
| or judgment perpetually enjoining the defendant from further
| 21 |
| unlawful practice. In all
proceedings under this Section, the | 22 |
| court, in its discretion, may apportion the
costs among the | 23 |
| parties interested
in the action, including the cost of filing | 24 |
| the complaint, service of process,
witness fees and expenses, | 25 |
| court
reporter charges, and reasonable attorneys' fees.
These | 26 |
| injunction proceedings shall be in addition to, and not in lieu | 27 |
| of, all
penalties and other remedies
provided in this Act.
| 28 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 29 |
| (225 ILCS 458/15-10)
| 30 |
| (Section scheduled to be repealed on January 1, 2012)
| 31 |
| Sec. 15-10. Grounds for disciplinary action.
| 32 |
| (a) The Department
Office of Banks and Real Estate may | 33 |
| suspend, revoke,
refuse to issue or
renew a license and may |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| reprimand place on probation or administrative
supervision,
or | 2 |
| otherwise discipline a licensee, including
imposing
conditions | 3 |
| limiting the scope, nature, or extent of the real estate | 4 |
| appraisal
practice of a
licensee or reducing the appraisal rank | 5 |
| of a licensee,
and may impose an administrative fine
a civil | 6 |
| penalty not to exceed $10,000 upon a licensee
for one or any | 7 |
| combination of the following:
| 8 |
| (1) Procuring or attempting to procure a license by | 9 |
| knowingly making a
false statement,
submitting false | 10 |
| information, engaging in any form of fraud or
| 11 |
| misrepresentation,
or refusing
to provide complete | 12 |
| information in response to a question in an application for
| 13 |
| licensure.
| 14 |
| (2) Failing to meet the minimum qualifications for | 15 |
| licensure as an
appraiser established by this
Act.
| 16 |
| (3) Paying money, other than for the fees provided for | 17 |
| by this Act, or
anything of value to a
member or employee | 18 |
| of the Board or the Department
Office of Banks and Real | 19 |
| Estate to procure
licensure
under this Act.
| 20 |
| (4) Being convicted of any crime, an essential element | 21 |
| of which is
dishonesty, fraud, theft, or
embezzlement, or | 22 |
| obtaining money, property, or credit by false pretenses, or
| 23 |
| any other crime
that is reasonably related to the practice | 24 |
| of real estate appraisal or a
conviction in any state
or | 25 |
| federal court of any felony.
| 26 |
| (5) Committing an act or omission involving | 27 |
| dishonesty, fraud, or
misrepresentation with the intent to
| 28 |
| substantially benefit the licensee or another person or | 29 |
| with intent to
substantially injure
another person as | 30 |
| defined by rule.
| 31 |
| (6) Violating a provision or standard for the | 32 |
| development or
communication of real estate
appraisals as | 33 |
| provided in Section 10-10 of this Act or as defined by | 34 |
| rule.
|
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| (7) Failing or refusing without good cause to exercise | 2 |
| reasonable
diligence in developing, reporting,
or | 3 |
| communicating an appraisal, as defined by this Act or by | 4 |
| rule.
| 5 |
| (8) Violating a provision of this Act or the rules | 6 |
| adopted pursuant to
this Act.
| 7 |
| (9) Having been disciplined by another state, the | 8 |
| District of Columbia, a
territory, a foreign nation,
a | 9 |
| governmental agency, or any other entity authorized to | 10 |
| impose discipline if
at least one of
the grounds for that | 11 |
| discipline is the same as or the equivalent of one of the
| 12 |
| grounds for
which a licensee may be disciplined under this | 13 |
| Act.
| 14 |
| (10) Engaging in dishonorable, unethical, or | 15 |
| unprofessional conduct of a
character likely to
deceive, | 16 |
| defraud, or harm the public.
| 17 |
| (11) Accepting an appraisal assignment when the | 18 |
| employment
itself is contingent
upon the appraiser | 19 |
| reporting a predetermined estimate, analysis, or opinion | 20 |
| or
when the fee
to be paid is contingent upon the opinion, | 21 |
| conclusion, or valuation reached or
upon the
consequences | 22 |
| resulting from the appraisal assignment.
| 23 |
| (12) Developing valuation conclusions based on the | 24 |
| race, color, religion,
sex, national origin,
ancestry, | 25 |
| age, marital status, family status, physical or mental | 26 |
| handicap, or
unfavorable
military discharge, as defined | 27 |
| under the Illinois Human Rights Act, of the
prospective or
| 28 |
| present owners or occupants of the area or property under | 29 |
| appraisal.
| 30 |
| (13) Violating the confidential nature of government | 31 |
| records to which
the licensee gained
access through | 32 |
| employment or engagement as an appraiser by a government | 33 |
| agency.
| 34 |
| (14) Being adjudicated liable in a civil proceeding on |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| grounds of
fraud, misrepresentation, or
deceit. In a | 2 |
| disciplinary proceeding based upon a finding of civil | 3 |
| liability,
the appraiser shall
be afforded an opportunity | 4 |
| to present mitigating and extenuating circumstances,
but | 5 |
| may not
collaterally attack the civil adjudication.
| 6 |
| (15) Being adjudicated liable in a civil proceeding for | 7 |
| violation of
a state or federal fair
housing law.
| 8 |
| (16) Engaging in misleading or untruthful advertising | 9 |
| or using a trade
name or insignia of
membership in a real | 10 |
| estate appraisal or real estate organization of
which the | 11 |
| licensee is
not a member.
| 12 |
| (17) Failing to fully cooperate with an the Department
| 13 |
| OBRE investigation by knowingly
making a false
statement, | 14 |
| submitting false or misleading information, or refusing to | 15 |
| provide
complete information in response to written
| 16 |
| interrogatories or a written
request for documentation | 17 |
| within 30 days of the request.
| 18 |
| (18) Failing to include within the certificate of | 19 |
| appraisal for all
written appraisal reports the | 20 |
| appraiser's license number and licensure title .
All | 21 |
| appraisers providing significant contribution to the | 22 |
| development and
reporting of an appraisal must be disclosed | 23 |
| in the appraisal report. It is a
violation of this Act for | 24 |
| an
appraiser to sign a report,
transmittal letter, or | 25 |
| appraisal certification knowing that a person providing
a | 26 |
| significant
contribution to the report has not been | 27 |
| disclosed in the appraisal report.
| 28 |
| (19) Violating the terms of a disciplinary order or | 29 |
| consent to administrative supervision order. | 30 |
| (20) Habitual or excessive use or addiction to alcohol, | 31 |
| narcotics, stimulants, or any other chemical agent or drug | 32 |
| that results in a licensee's inability to practice with | 33 |
| reasonable judgment, skill, or safety. | 34 |
| (21) A physical or mental illness or disability which |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| results in the inability to practice under this Act with | 2 |
| reasonable judgment, skill, or safety.
| 3 |
| (b) The Department
Office of Banks and Real Estate may | 4 |
| reprimand suspend, revoke,
or refuse to issue or renew an | 5 |
| education provider's
license, may reprimand, place on | 6 |
| probation, or otherwise discipline
an education provider
and | 7 |
| may suspend or revoke the course approval of any course offered | 8 |
| by
an education provider and may impose an administrative fine
| 9 |
| a civil penalty not to exceed $10,000 upon
an education | 10 |
| provider,
for any of the following:
| 11 |
| (1) Procuring or attempting to procure licensure by | 12 |
| knowingly making a
false statement,
submitting false | 13 |
| information, engaging in any form of fraud or
| 14 |
| misrepresentation, or
refusing to
provide complete | 15 |
| information in response to a question in an application for
| 16 |
| licensure.
| 17 |
| (2) Failing to comply with the covenants certified to | 18 |
| on the application
for licensure as an education provider.
| 19 |
| (3) Committing an act or omission involving | 20 |
| dishonesty, fraud, or
misrepresentation or allowing any | 21 |
| such act or omission by
any employee or contractor under | 22 |
| the control of the provider.
| 23 |
| (4) Engaging in misleading or untruthful advertising.
| 24 |
| (5) Failing to retain competent instructors in | 25 |
| accordance with rules
adopted
under this Act.
| 26 |
| (6) Failing to meet the topic or time requirements for | 27 |
| course approval as
the provider of a pre-license
curriculum | 28 |
| course or a continuing education course.
| 29 |
| (7) Failing to administer an approved course using the | 30 |
| course materials,
syllabus, and examinations
submitted as | 31 |
| the basis of the course approval.
| 32 |
| (8) Failing to provide an appropriate classroom | 33 |
| environment for
presentation of courses, with
| 34 |
| consideration for student comfort, acoustics, lighting, |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| seating, workspace, and
visual aid material.
| 2 |
| (9) Failing to maintain student records in compliance | 3 |
| with the rules
adopted under this Act.
| 4 |
| (10) Failing to provide a certificate, transcript, or | 5 |
| other student
record to the Department
OBRE or to a student
| 6 |
| as may be required by rule.
| 7 |
| (11) Failing to fully cooperate with an OBRE
| 8 |
| investigation by the Department by knowingly
making a false
| 9 |
| statement, submitting false or misleading information, or | 10 |
| refusing to provide
complete information in response to | 11 |
| written interrogatories or a written
request for | 12 |
| documentation within 30 days of the request.
| 13 |
| (c) In appropriate cases, the Department
OBRE may resolve a | 14 |
| complaint against a licensee
through the issuance of a Consent | 15 |
| to Administrative Supervision order.
A licensee subject to a | 16 |
| Consent to Administrative Supervision order
shall be | 17 |
| considered by the Department
OBRE
as an active licensee in good | 18 |
| standing. This order shall not be reported or
considered by the | 19 |
| Department
OBRE to be a discipline
of the licensee. The records | 20 |
| regarding an investigation and a Consent to
Administrative | 21 |
| Supervision order
shall be considered confidential and shall | 22 |
| not be released by the Department
OBRE except
as mandated by | 23 |
| law.
A complainant shall be notified if his or her complaint | 24 |
| has been resolved
by a Consent to
Administrative Supervision | 25 |
| order.
| 26 |
| (d) A licensee may be represented by legal counsel at an | 27 |
| informal conference. If the informal conference results in a | 28 |
| consent order between the accused licensee and the Department, | 29 |
| the consent order must be approved by the Director. However, if | 30 |
| the consent order would result in a fine exceeding $5,000 or | 31 |
| the suspension in excess of one year or revocation of the | 32 |
| license, the consent order must be approved by the Board and | 33 |
| the Director.
| 34 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| (225 ILCS 458/15-15)
| 2 |
| (Section scheduled to be repealed on January 1, 2012)
| 3 |
| Sec. 15-15. Investigation; notice; hearing.
| 4 |
| (a) Upon the motion of the Department
Office of Banks and | 5 |
| Real Estate or the Board or
upon a complaint in
writing of a | 6 |
| person setting forth facts that, if proven, would constitute
| 7 |
| grounds for suspension, revocation,
or other disciplinary | 8 |
| action against a licensee or applicant for licensure, the | 9 |
| Department
Office of Banks and Real
Estate shall investigate | 10 |
| the actions of the licensee or applicant.
| 11 |
| (b) Formal disciplinary proceedings shall commence upon | 12 |
| the issuance of a
written complaint
describing the charges that | 13 |
| are the basis of the disciplinary action and
delivery of the | 14 |
| detailed complaint to the address of
record of the licensee or | 15 |
| applicant. The Department
OBRE shall notify the licensee or
| 16 |
| applicant
to file a verified written
answer within 20 days | 17 |
| after the service of the notice and complaint.
The
notification | 18 |
| shall inform the licensee or applicant of his or her
right to | 19 |
| be heard in person or by
legal counsel; that the hearing will | 20 |
| be afforded not sooner than 30 days after
service
receipt of | 21 |
| the complaint
answer to the
specific charges ; that failure to | 22 |
| file an answer will result in a default being
entered against | 23 |
| the licensee or applicant;
that the license may be suspended, | 24 |
| revoked, or placed on
probationary status; and that other
| 25 |
| disciplinary action may be taken pursuant to this Act, | 26 |
| including limiting the
scope, nature, or extent of the | 27 |
| licensee's
practice. If the licensee or applicant fails to file | 28 |
| an answer after service of
notice, his or her license may,
at | 29 |
| the discretion of the Department
Office of Banks and Real | 30 |
| Estate , be suspended,
revoked, or placed on probationary
status | 31 |
| and the Department
Office of Banks and Real Estate may take | 32 |
| whatever disciplinary
action it deems proper,
including | 33 |
| limiting the scope, nature, or extent of the person's practice,
|
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| without a hearing.
| 2 |
| (c) At the time and place fixed in the notice, the Board | 3 |
| shall conduct
hearing of the charges, providing
both the | 4 |
| accused person and the complainant ample opportunity to present | 5 |
| in
person
or by counsel such statements, testimony, evidence, | 6 |
| and argument as may be
pertinent to the charges or
to a defense | 7 |
| thereto.
| 8 |
| (d) The Board shall present to the Secretary
Commissioner a | 9 |
| written report of its
findings and
recommendations. A copy of | 10 |
| the report shall be served upon the licensee or
applicant,
| 11 |
| either personally or by certified
mail. Within 20 days after | 12 |
| the service, the licensee or applicant may present
the | 13 |
| Secretary
Commissioner with a motion in writing
for either a | 14 |
| rehearing, a proposed finding of fact, a conclusion of law, or | 15 |
| an
alternative sanction, and shall
specify the particular | 16 |
| grounds for the request. If the accused orders a
transcript of | 17 |
| the record
as provided in this Act, the time elapsing | 18 |
| thereafter and before the transcript
is ready for delivery to | 19 |
| the
accused shall not be counted as part of the 20 days. If the | 20 |
| Secretary
Commissioner is
not satisfied that
substantial | 21 |
| justice has been done, the Secretary
Commissioner may order a | 22 |
| rehearing by
the Board or other
special committee appointed by | 23 |
| the Secretary
Commissioner , may remand the matter to the
Board | 24 |
| for its
reconsideration of the matter based on the pleadings | 25 |
| and evidence presented to
the Board, or may enter
a final order | 26 |
| in contravention of the Board's recommendation. In all
| 27 |
| instances under this Act in which
the Board has rendered a | 28 |
| recommendation to the Secretary
Commissioner with respect to a
| 29 |
| particular licensee or
applicant, the Secretary
Commissioner , | 30 |
| if he or she disagrees with
the recommendation of the Board, | 31 |
| shall file with the Board and provide to the
licensee or | 32 |
| applicant a copy of the Secretary's
Commissioner's specific | 33 |
| written reasons for
disagreement with the Board. The reasons | 34 |
| shall be filed within 60 days of the
Board's recommendation
to |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| the Secretary
Commissioner and prior to any contrary action. | 2 |
| Notwithstanding a licensee's or applicant's failure to file a | 3 |
| motion for rehearing
At the expiration of the
time specified | 4 |
| for filing
a motion for a rehearing , the Secretary
Commissioner
| 5 |
| shall have the right to take any of
the actions specified in | 6 |
| this
subsection (d). Upon the suspension or revocation of a | 7 |
| license, the licensee
shall
be required to surrender his
or her | 8 |
| license to the Department
OBRE , and upon failure or refusal to | 9 |
| do so, the Department
OBRE
shall have
the right to seize the
| 10 |
| license.
| 11 |
| (e) The Department
Office of Banks and Real Estate has the | 12 |
| power to issue subpoenas and
subpoenas duces tecum
to bring | 13 |
| before it any person in this State, to take testimony, or to | 14 |
| require
production of any records
relevant to an inquiry or | 15 |
| hearing by the Board in the same manner as prescribed
by law in | 16 |
| judicial
proceedings in the courts of this State. In a case of | 17 |
| refusal of a witness to
attend, testify, or to produce
books or | 18 |
| papers concerning a matter upon which he or she might be | 19 |
| lawfully
examined, the circuit court
of the county where the | 20 |
| hearing is held, upon application of the Department
Office of
| 21 |
| Banks and Real Estate or any
party to the proceeding, may | 22 |
| compel obedience by proceedings as for contempt.
| 23 |
| (f) Any license that is suspended indefinitely or revoked | 24 |
| may not be
restored for a minimum period
of 2 years, or as | 25 |
| otherwise ordered by the Secretary
Commissioner .
| 26 |
| (g) In addition to the provisions of this Section | 27 |
| concerning the conduct of
hearings and the
recommendations for | 28 |
| discipline, the Department
OBRE has the authority to negotiate
| 29 |
| disciplinary and non-disciplinary
settlement agreements | 30 |
| concerning any license issued under this Act. All such
| 31 |
| agreements shall be
recorded as Consent Orders or Consent to | 32 |
| Administrative Supervision Orders.
| 33 |
| (h) The Secretary
Commissioner shall have the authority to | 34 |
| appoint an attorney duly
licensed to practice law in the
State |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| of Illinois to serve as the hearing officer in any action to | 2 |
| suspend,
revoke, or otherwise discipline
any license issued by | 3 |
| the Department
Office of Banks and Real Estate . The Hearing | 4 |
| Officer
shall have full authority
to conduct the hearing.
| 5 |
| (i) The Department
OBRE , at its expense, shall preserve a | 6 |
| record of all formal hearings of
any contested case involving
| 7 |
| the discipline of a license. At all hearings or pre-hearing | 8 |
| conferences, the Department
OBRE and the licensee shall be
| 9 |
| entitled to have the proceedings transcribed by a certified | 10 |
| shorthand reporter.
A copy of the transcribed
proceedings shall | 11 |
| be made available to the licensee by the certified shorthand
| 12 |
| reporter upon payment of
the prevailing contract copy rate.
| 13 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 14 |
| (225 ILCS 458/15-17 new)
| 15 |
| (Section scheduled to be repealed on January 1, 2012) | 16 |
| Sec. 15-17. Temporary suspension. The Secretary may | 17 |
| temporarily suspend the license of a licensee without a | 18 |
| hearing, simultaneously with the institution of proceedings | 19 |
| for a hearing provided in Section 15-10 of this Act, if the | 20 |
| Secretary finds that the public interest, safety, or welfare | 21 |
| requires such emergency action. In the event that the Secretary | 22 |
| temporarily suspends a license without a hearing before the | 23 |
| Board, a hearing shall be held within 30 days after the | 24 |
| suspension has occurred. The suspended licensee may seek a | 25 |
| continuance of the hearing, during which time the suspension | 26 |
| shall remain in effect. The proceeding shall be concluded | 27 |
| without appreciable delay. If the Department does not hold a | 28 |
| hearing within 30 days after the date of suspension, the | 29 |
| licensee's license shall be automatically reinstated.
| 30 |
| (225 ILCS 458/15-20)
| 31 |
| (Section scheduled to be repealed on January 1, 2012)
| 32 |
| Sec. 15-20. Administrative Review Law; certification fees; |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| Administrative
Procedure Act.
| 2 |
| (a) All final administrative decisions of the Secretary
| 3 |
| Commissioner under this Act
are subject to
judicial review | 4 |
| pursuant to the
provisions of the Administrative Review Law and | 5 |
| the rules adopted pursuant
thereto. The term
"administrative | 6 |
| decision" has the meaning ascribed to it in Section
3-101 of | 7 |
| the
Administrative Review Law.
| 8 |
| (b) The Department
OBRE shall not be required to certify | 9 |
| any record, file any answer or
otherwise appear unless the
| 10 |
| party filing the administrative review complaint pays the | 11 |
| certification fee to the Department
OBRE as provided by rule.
| 12 |
| Failure on the part of the plaintiff to make such a deposit | 13 |
| shall be grounds
for dismissal of the action.
| 14 |
| (c) The Administrative Procedures Act is hereby expressly | 15 |
| adopted
and incorporated herein. In the event of a conflict | 16 |
| between
this Act and the Administrative Procedures Act, this | 17 |
| Act shall
control.
| 18 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 19 |
| (225 ILCS 458/15-30)
| 20 |
| (Section scheduled to be repealed on January 1, 2012)
| 21 |
| Sec. 15-30. Statute of limitations. No action may be taken | 22 |
| under this
Act against a person licensed
under this Act unless | 23 |
| the action is commenced within 5 years after the
occurrence of | 24 |
| the alleged violation or at least 2 years after final | 25 |
| disposition of any judicial proceeding in which the appraiser | 26 |
| provided testimony related to the assignment, whichever period | 27 |
| expires last .
A continuing violation is deemed to have occurred | 28 |
| on the date when the
circumstances last existed
that gave rise | 29 |
| to the alleged continuing violation.
| 30 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 31 |
| (225 ILCS 458/15-35)
| 32 |
| (Section scheduled to be repealed on January 1, 2012)
|
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| Sec. 15-35. Signature of the Secretary
Commissioner . An | 2 |
| order of revocation or
suspension or a certified
copy of the | 3 |
| order, bearing the seal of the Department
OBRE and purporting | 4 |
| to be signed by the Secretary
Commissioner , shall be prima
| 5 |
| facie proof that:
| 6 |
| (1) the signature is the genuine signature of the | 7 |
| Secretary
Commissioner ;
| 8 |
| (2) the Secretary
Commissioner is duly appointed and | 9 |
| qualified; and
| 10 |
| (3) the Board and the members thereof are qualified.
| 11 |
| This proof may be rebutted.
| 12 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 13 |
| (225 ILCS 458/15-40)
| 14 |
| (Section scheduled to be repealed on January 1, 2012)
| 15 |
| Sec. 15-40. Violation of tax Acts. The Department
OBRE may | 16 |
| refuse to issue or renew or
may suspend the license
of any | 17 |
| person who fails to file a return, pay the tax, penalty, or | 18 |
| interest
shown in a filed return, or pay any
final assessment | 19 |
| of tax, penalty, or interest, as required by any tax Act
| 20 |
| administered by the Department
of Revenue, until such time as | 21 |
| the requirements of that tax Act are
satisfied.
| 22 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 23 |
| (225 ILCS 458/15-45)
| 24 |
| (Section scheduled to be repealed on January 1, 2012)
| 25 |
| Sec. 15-45. Disciplinary action for educational loan | 26 |
| defaults. The Department
OBRE shall
deny a license or renewal
| 27 |
| authorized by this Act to a person who has defaulted on an | 28 |
| educational loan or
scholarship provided or
guaranteed by the | 29 |
| Illinois Student Assistance Commission or any governmental
| 30 |
| agency of this State;
however, the Department
OBRE may issue a | 31 |
| license or renewal if the person has established a
satisfactory | 32 |
| repayment
record as determined by the Illinois Student |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| Assistance Commission or other
appropriate governmental
agency | 2 |
| of this State. Additionally, a license issued by the Department
| 3 |
| OBRE may be suspended
or revoked if the Secretary
Commissioner , | 4 |
| after the opportunity for a hearing under this Act, finds that
| 5 |
| the licensee has failed to
make satisfactory repayment to the | 6 |
| Illinois Student Assistance Commission for a
delinquent or | 7 |
| defaulted
loan.
| 8 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 9 |
| (225 ILCS 458/15-50)
| 10 |
| (Section scheduled to be repealed on January 1, 2012)
| 11 |
| Sec. 15-50. Nonpayment of child support. In cases where the | 12 |
| Department of Healthcare and Family Services (formerly
| 13 |
| Department of
Public Aid ) has
previously determined that a | 14 |
| licensee or a potential licensee is more than 30
days | 15 |
| delinquent in the
payment of child support and has subsequently | 16 |
| certified the delinquency to the Department
OBRE , the | 17 |
| Department
OBRE may refuse
to issue or renew or may revoke or | 18 |
| suspend that person's license or may take
other disciplinary | 19 |
| action
against that person based solely upon the certification | 20 |
| of delinquency made by
the Department of Healthcare and Family | 21 |
| Services (formerly Department of Public
Aid ) . Redetermination | 22 |
| of the delinquency by the Department
OBRE shall not be | 23 |
| required. In cases
regarding the renewal
of a license, the | 24 |
| Department
OBRE shall not renew any license if the Department | 25 |
| of Healthcare and Family Services (formerly Department of | 26 |
| Public Aid )
has certified the licensee
to be more than 30 days | 27 |
| delinquent in the payment of child support, unless the
licensee | 28 |
| has arranged for
payment of past and current child support | 29 |
| obligations in a manner satisfactory
to the Department of | 30 |
| Healthcare and Family Services (formerly Department of
Public | 31 |
| Aid ) . The Department
OBRE may impose conditions, restrictions, | 32 |
| or disciplinary action
upon that renewal.
| 33 |
| (Source: P.A. 92-180, eff. 7-1-02; revised 12-15-05.)
|
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| (225 ILCS 458/15-55)
| 2 |
| (Section scheduled to be repealed on January 1, 2012)
| 3 |
| Sec. 15-55. Returned checks; penalty; termination. A | 4 |
| person who
delivers a check or other
payment to the Department
| 5 |
| OBRE that is returned to the Department
OBRE unpaid by the | 6 |
| financial institution
upon which it was drawn
shall pay to the | 7 |
| Department
OBRE , in addition to the amount already owed, a | 8 |
| penalty of
$50. The Department
OBRE shall notify the
person, by | 9 |
| certified mail return receipt requested, that his or her check | 10 |
| or
payment was returned and that
the person shall pay to the | 11 |
| Department
OBRE by certified check or money order the amount of
| 12 |
| the returned check plus
a $50 penalty within 30 calendar days | 13 |
| after the date of the notification.
If, after the expiration of | 14 |
| 30
calendar days of the notification, the person has failed to | 15 |
| remit the necessary
funds and penalty, the Department
OBRE
| 16 |
| shall automatically terminate the license or deny the | 17 |
| application without
hearing. If the returned check
or other | 18 |
| payment was for issuance of a license under this Act and that | 19 |
| person
practices as an appraiser,
that person may be subject to | 20 |
| discipline for unlicensed practice as provided in
this Act. If, | 21 |
| after
termination or denial, the person seeks a license, he or | 22 |
| she shall petition the Department
OBRE
for restoration and he | 23 |
| or she
may be subject to additional discipline or fines. The | 24 |
| Secretary
Commissioner may waive
the penalties or fines due
| 25 |
| under this Section in individual cases where the Secretary
| 26 |
| Commissioner finds that the
penalties or fines would be
| 27 |
| unreasonable or unnecessarily burdensome.
| 28 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 29 |
| (225 ILCS 458/15-60)
| 30 |
| (Section scheduled to be repealed on January 1, 2012)
| 31 |
| Sec. 15-60. Cease and desist orders. The Department
OBRE
| 32 |
| may issue cease
and desist orders to persons who engage in |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| activities prohibited
by this Act. Any person in violation of a | 2 |
| cease and desist order
issued by the Department
OBRE is subject | 3 |
| to all of the penalties provided by law.
| 4 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 5 |
| (225 ILCS 458/20-5)
| 6 |
| (Section scheduled to be repealed on January 1, 2012)
| 7 |
| Sec. 20-5. Education providers.
| 8 |
| (a) Beginning July 1, 2002, only education providers | 9 |
| licensed by the Department
OBRE may
provide the pre-license and | 10 |
| continuing education courses required for licensure
under this | 11 |
| Act.
| 12 |
| (b) A person or entity seeking to be licensed as an | 13 |
| education
provider under this Act
shall provide satisfactory | 14 |
| evidence of the following:
| 15 |
| (1) a sound financial base for establishing, | 16 |
| promoting, and delivering the
necessary
courses;
| 17 |
| (2) a sufficient number of qualified instructors;
| 18 |
| (3) adequate support personnel to assist with | 19 |
| administrative matters and
technical
assistance;
| 20 |
| (4) a written policy dealing with procedures for | 21 |
| management of grievances
and fee refunds;
| 22 |
| (5) a qualified administrator, who is responsible for | 23 |
| the
administration of the
education provider, courses, and | 24 |
| the actions of the instructors; and
| 25 |
| (6) any other requirements as provided by rule.
| 26 |
| (c) All applicants for an education provider's license | 27 |
| shall make initial
application to the Department
OBRE on forms | 28 |
| provided by the Department
OBRE and pay the appropriate fee as
| 29 |
| provided by rule. The term, expiration date, and renewal of an | 30 |
| education
provider's license shall be established by rule.
| 31 |
| (d) An education provider shall provide each successful | 32 |
| course participant
with a certificate of
completion signed by | 33 |
| the school administrator. The format and content of the
|
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| certificate shall be specified by rule.
| 2 |
| (e) All education providers shall provide to the Department
| 3 |
| OBRE a monthly roster of all
successful course
participants as | 4 |
| provided by rule.
| 5 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 6 |
| (225 ILCS 458/20-10)
| 7 |
| (Section scheduled to be repealed on January 1, 2012)
| 8 |
| Sec. 20-10. Course approval.
| 9 |
| (a) Only courses offered by licensed education providers | 10 |
| and approved
by the Department, courses approved by the AQB, or | 11 |
| courses approved by jurisdictions regulated by the Appraisal | 12 |
| Subcommittee
OBRE shall be used to meet the requirements of | 13 |
| this Act and rules.
| 14 |
| (b) An education provider licensed under this Act may | 15 |
| submit courses to the Department
OBRE
for approval.
The | 16 |
| criteria, requirements, and fees for courses shall be | 17 |
| established
by rule in accordance with
this Act, Title XI, and | 18 |
| the criteria established by the AQB.
| 19 |
| (c) For each course approved, the Department
OBRE shall | 20 |
| issue a license to the education
provider. The term, expiration | 21 |
| date, and renewal of a course approval shall
be
established by | 22 |
| rule.
| 23 |
| (d) An education provider must use an instructor for each | 24 |
| course approved by the the Department who (i) holds a valid | 25 |
| real estate appraisal license in good standing as a State | 26 |
| certified general real estate appraiser or a State certified | 27 |
| residential real estate appraiser in Illinois or any other | 28 |
| jurisdiction regulated by the Appraisal Subcommittee, (ii) | 29 |
| holds a valid teaching certificate issued by the State of | 30 |
| Illinois, (iii) is a faculty member in good standing with an | 31 |
| accredited college or university or community college, (iv) is | 32 |
| an approved appraisal instructor from an appraisal | 33 |
| organization that is a member of the Appraisal Foundation, or |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| (v) meets any other requirements established by the Department | 2 |
| by rule. | 3 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 4 |
| (225 ILCS 458/25-5)
| 5 |
| (Section scheduled to be repealed on January 1, 2012)
| 6 |
| Sec. 25-5. Appraisal Administration Fund; surcharge. The | 7 |
| Appraisal
Administration Fund is created as a special fund in | 8 |
| the State Treasury. All
fees, fines, and penalties received by | 9 |
| the Department
OBRE
under this Act shall be deposited into the | 10 |
| Appraisal Administration Fund.
All earnings attributable to | 11 |
| investment of funds in the Appraisal
Administration Fund shall | 12 |
| be credited to the Appraisal Administration
Fund. Subject to | 13 |
| appropriation, the
moneys in the Appraisal Administration Fund | 14 |
| shall be paid
to the Department
OBRE for the expenses incurred | 15 |
| by the Department
OBRE and the Board in the administration of | 16 |
| this Act. Moneys in the Appraisal Administration Fund may be | 17 |
| transferred to the Professions Indirect Cost Fund as authorized | 18 |
| under Section 2105-300 of the Department of Professional | 19 |
| Regulation Law of the Civil Administrative Code of Illinois.
| 20 |
| Upon the completion of any audit of the Department
OBRE , as | 21 |
| prescribed by the Illinois State
Auditing Act, which shall | 22 |
| include an audit of the Appraisal Administration
Fund, the | 23 |
| Department
OBRE
shall make the audit report open to inspection | 24 |
| by any interested person.
| 25 |
| (Source: P.A. 94-91, eff. 7-1-05.)
| 26 |
| (225 ILCS 458/25-10)
| 27 |
| (Section scheduled to be repealed on January 1, 2012)
| 28 |
| Sec. 25-10. Real Estate Appraisal Administration and | 29 |
| Disciplinary Board; appointment.
| 30 |
| (a) There is hereby created the Real Estate Appraisal | 31 |
| Administration and Disciplinary Board. The Board
shall be | 32 |
| composed of 10 persons appointed by the Governor, plus the |
|
|
|
09400SB0482ham005 |
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LRB094 10608 RAS 58265 a |
|
| 1 |
| Coordinator
Director of
the Real Estate Appraisal Division. | 2 |
| Members shall be appointed to the Board
subject to the | 3 |
| following conditions:
| 4 |
| (1) All appointed members shall have been residents and | 5 |
| citizens of this
State for
at least 5 years prior
to the | 6 |
| date of appointment.
| 7 |
| (2) The appointed membership of the Board should | 8 |
| reasonably reflect the
geographic
distribution of the
| 9 |
| population of the State.
| 10 |
| (3) Four appointed members shall have been actively | 11 |
| engaged and currently
licensed as
State
certified general | 12 |
| real estate appraisers for a period of not less than 5
| 13 |
| years.
| 14 |
| (4)
Two appointed members shall have been actively | 15 |
| engaged and currently
licensed as
State
certified | 16 |
| residential real estate appraisers for a period of
not less | 17 |
| than 5 years.
| 18 |
| (5)
Two appointed members shall hold a valid license as | 19 |
| a
real estate
broker for at least 10 years prior to the | 20 |
| date of the appointment , one of whom
and shall hold a valid
| 21 |
| State certified general real estate appraiser license | 22 |
| issued under this Act or a predecessor Act for a period of | 23 |
| at
least 5 years prior to the appointment and one of whom | 24 |
| shall hold a valid State certified residential real estate | 25 |
| appraiser license issued under this Act or a predecessor | 26 |
| Act for a period of at
least 5 years prior to the | 27 |
| appointment .
| 28 |
| (6) One appointed member shall be a representative of a | 29 |
| financial
institution, as evidenced by his or her | 30 |
| employment with a financial
institution.
| 31 |
| (7) One appointed member shall represent the interests | 32 |
| of the general
public. This member or his or her spouse | 33 |
| shall not be licensed under this Act
nor be employed by or | 34 |
| have any interest in an appraisal business, real estate
|
|
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| brokerage business, or a financial institution.
| 2 |
| In making appointments as
provided in paragraphs (3) and | 3 |
| (4) of this subsection, the Governor shall
give due | 4 |
| consideration to recommendations by members and organizations
| 5 |
| representing the profession
real estate appraisal industry .
| 6 |
| In making the appointments as
provided in paragraph (5) of | 7 |
| this subsection, the Governor shall give
due consideration to | 8 |
| the recommendations by members and organizations
representing | 9 |
| the real estate industry.
| 10 |
| In making the appointment as provided
in paragraph (6) of | 11 |
| this subsection, the Governor
shall give due consideration to | 12 |
| the recommendations by members and
organizations representing | 13 |
| financial institutions.
| 14 |
| (b) The term for members of the Board shall be 4 years , | 15 |
| except for the
initial appointees. Of the initial appointments, | 16 |
| 4 members shall
be appointed for terms ending June 30, 2006, 3 | 17 |
| members shall be appointed for
terms ending June 30, 2005, and | 18 |
| 3 members shall be appointed for terms
ending June 30, 2004 . No | 19 |
| member shall serve more than 10 years in a lifetime.
Those | 20 |
| persons serving on the Board pursuant to the Real Estate | 21 |
| Appraiser
Licensing Act shall become members of the new Board | 22 |
| on July 1, 2002 and
shall serve until
the Governor has made the | 23 |
| new appointments pursuant to this Act.
| 24 |
| (c) The Governor may terminate the appointment of a member | 25 |
| for cause that,
in
the opinion of the Governor, reasonably | 26 |
| justifies the termination. Cause for
termination may include, | 27 |
| without limitation, misconduct, incapacity, neglect of
duty, | 28 |
| or missing 4 Board meetings during any one calendar year.
| 29 |
| (d) A majority of the Board members currently appointed | 30 |
| shall constitute a
quorum. A vacancy in the membership of the | 31 |
| Board shall not impair the right of
a quorum to exercise all of | 32 |
| the rights and perform all of the duties of the
Board.
| 33 |
| (e) The Board shall meet at least quarterly and may be | 34 |
| convened
by the Chairperson, Co-Chairperson, or 3 members of |
|
|
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| the Board upon 10 days
written notice.
| 2 |
| (f) The Board shall, annually at the first meeting of the | 3 |
| fiscal year,
elect a Chairperson and Vice-Chairperson from its
| 4 |
| members. The Chairperson shall preside over the meetings and | 5 |
| shall coordinate
with the Coordinator
Director
in developing | 6 |
| and distributing an agenda for each meeting. In the absence of
| 7 |
| the Chairperson, the Co-Chairperson shall preside over the | 8 |
| meeting.
| 9 |
| (g) The Coordinator
Director of the Real Estate Appraisal | 10 |
| Division shall serve as
a member of the Board without vote.
| 11 |
| (h) The Board shall advise and make recommendations to
the | 12 |
| Department
OBRE on the education and experience qualifications | 13 |
| of any applicant for initial licensure as a State-certified | 14 |
| general real estate appraiser or a State-certified residential | 15 |
| real estate appraiser. The Department shall not make any | 16 |
| decisions concerning education or experience qualifications of | 17 |
| an applicant for initial licensure as a State-certified general | 18 |
| real estate appraiser or a State-certified residential real | 19 |
| estate appraiser without having first received the advice and | 20 |
| recommendation of the Board and
matters of
licensing and | 21 |
| education.
OBRE shall give due consideration to all
such advice | 22 |
| and recommendations ; however, if the Board does not render | 23 |
| advice or make a recommendation within a reasonable amount of | 24 |
| time, as determined by rule of the Department, then the | 25 |
| Department may render a decision
presented by the Board .
| 26 |
| (i) Except as provided in Section 15-17 of this Act, the
| 27 |
| The Board shall hear and make recommendations to the
Secretary
| 28 |
| Commissioner on
disciplinary matters
that require a formal | 29 |
| evidentiary hearing. The Secretary
Commissioner shall give due
| 30 |
| consideration to the
recommendations of the Board involving | 31 |
| discipline and questions involving
standards of professional
| 32 |
| conduct of licensees.
| 33 |
| (j) The Department shall seek and the Board shall provide
| 34 |
| may make recommendations to the Department
OBRE consistent with |
|
|
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| the
provisions
of this Act and for the administration and | 2 |
| enforcement of all
the rules adopted
pursuant to this Act. The | 3 |
| Department shall not adopt any rules relating to the | 4 |
| administration and enforcement of this Act without having first | 5 |
| received the recommendation of the Board and
OBRE
shall give | 6 |
| due consideration to
such
the recommendations of the Board
| 7 |
| prior to adopting rules ; however, if the Board does not make a | 8 |
| recommendation within a reasonable amount of time, as | 9 |
| determined by rule of the Department, then the Department may | 10 |
| adopt rules .
| 11 |
| (k) The Department shall seek and the Board shall provide
| 12 |
| make recommendations to the Department
OBRE on the approval of | 13 |
| all courses
submitted to the Department
OBRE
pursuant to this | 14 |
| Act and the rules adopted pursuant to this Act. The Department | 15 |
| shall not approve any courses without having first received the | 16 |
| recommendation of the Board and
OBRE shall
give due | 17 |
| consideration to such
the
recommendations of the Board
prior to | 18 |
| approving and licensing courses ; however, if the Board does not | 19 |
| make a recommendation within a reasonable amount of time, as | 20 |
| determined by rule of the Department, then the Department may | 21 |
| approve courses .
| 22 |
| (l) Each voting member of the Board shall receive a per | 23 |
| diem stipend in an
amount
to be determined by the Secretary
| 24 |
| Commissioner . Each member shall be paid his or her necessary | 25 |
| expenses while
engaged in the
performance of his or her duties.
| 26 |
| (m) Members of the Board shall be immune from suit in an | 27 |
| action based upon
any disciplinary
proceedings or other acts | 28 |
| performed in good faith as members of the Board.
| 29 |
| (n) If the Department disagrees with any advice or | 30 |
| recommendation provided by the Board under this Section to the | 31 |
| Secretary or the Department, then notice of such disagreement | 32 |
| must be provided to the Board by the Department.
| 33 |
| (o) Upon resolution adopted at any Board meeting, the | 34 |
| exercise of any Board function, power, or duty enumerated in |
|
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| this Section or in subsection (d) of Section 15-10 of this Act | 2 |
| may be suspended. The exercise of any suspended function, | 3 |
| power, or duty of the Board may be reinstated by a resolution | 4 |
| adopted at a subsequent Board meeting. Any resolution adopted | 5 |
| pursuant to this Section shall take effect immediately.
| 6 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 7 |
| (225 ILCS 458/25-15)
| 8 |
| (Section scheduled to be repealed on January 1, 2012)
| 9 |
| Sec. 25-15. Coordinator
Director of the Real Estate | 10 |
| Appraisal Division ; appointment;
duties. The Secretary shall | 11 |
| appoint, subject to the Personnel Code, a Coordinator of Real | 12 |
| Estate Appraisal for a term of 4 years. In appointing the | 13 |
| Coordinator, the Secretary shall give due consideration to | 14 |
| recommendations made by members, organizations, and | 15 |
| associations of the real estate appraisal industry. On or after | 16 |
| January 1, 2008, the Coordinator must hold a current, valid | 17 |
| State certified general real estate certificate, which shall be | 18 |
| surrendered to the Department during the term of his or her | 19 |
| appointment. The Coordinator must take the 30-hour National | 20 |
| Instructors Course on Uniform Standards of Professional | 21 |
| Appraisal Practice. The Coordinator's certificate shall be | 22 |
| returned in the same status as it was on the date of surrender, | 23 |
| credited with all fees and continuing education requirements | 24 |
| that came due during his or her employment.
Commissioner shall | 25 |
| appoint a Director of the Real Estate Appraisal Division for
a | 26 |
| term of 4 years. The
Director shall hold a valid
State
| 27 |
| certified general real estate appraiser or
State
certified | 28 |
| residential
real estate appraiser license, which shall be | 29 |
| surrendered to OBRE during the
term of his or her
appointment.
| 30 |
| The Coordinator
Director of the Real Estate Appraisal Division
| 31 |
| shall:
| 32 |
| (1) serve as a member of the Real Estate Appraisal | 33 |
| Administration and Disciplinary Board without vote;
|
|
|
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| 1 |
| (2) be the direct liaison between the Department
OBRE , | 2 |
| the profession, and the real
estate appraisal industry
| 3 |
| organizations and associations;
| 4 |
| (3) prepare and circulate to licensees such | 5 |
| educational and informational
material as the Department
| 6 |
| OBRE deems necessary for providing guidance or assistance | 7 |
| to licensees;
| 8 |
| (4) appoint necessary committees to assist in the | 9 |
| performance of the
functions and duties
of the Department
| 10 |
| OBRE under this Act; and
| 11 |
| (5) (blank).
subject to the administrative approval of | 12 |
| the Commissioner, supervise
the Real Estate
Appraisal | 13 |
| Division.
| 14 |
| In appointing the Director of the Real Estate Appraisal | 15 |
| Division, the
Commissioner shall give due
consideration to | 16 |
| members, organizations, and associations of the real estate
| 17 |
| appraisal industry.
| 18 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 19 |
| (225 ILCS 458/25-20)
| 20 |
| (Section scheduled to be repealed on January 1, 2012)
| 21 |
| Sec. 25-20. Department
OBRE ; powers and duties. The | 22 |
| Department of Financial and Professional Regulation
Office of | 23 |
| Banks and Real Estate
shall exercise the powers and duties | 24 |
| prescribed by the Civil Administrative
Code of Illinois for the | 25 |
| administration of licensing Acts and shall exercise
such other | 26 |
| powers and duties as are prescribed by this Act for the
| 27 |
| administration of this Act. The Department
OBRE may contract | 28 |
| with third parties for services
necessary for the proper
| 29 |
| administration of this Act, including without limitation, | 30 |
| investigators with
the proper knowledge, training,
and skills | 31 |
| to properly investigate complaints against real estate | 32 |
| appraisers. Any investigator who is employed by the Department, | 33 |
| contractually or otherwise, must be a State-certified real |
|
|
|
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| 1 |
| estate appraiser.
| 2 |
| The Department
OBRE shall maintain and update a registry of | 3 |
| the names and addresses of
all licensees and a listing of | 4 |
| disciplinary orders issued pursuant to this Act
and shall | 5 |
| transmit the registry, along with any national registry fees | 6 |
| that may
be required, to the entity specified by, and in a | 7 |
| manner consistent with, Title
XI of the federal Financial | 8 |
| Institutions Reform, Recovery and Enforcement Act
of 1989.
| 9 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 10 |
| (225 ILCS 458/25-25)
| 11 |
| (Section scheduled to be repealed on January 1, 2012)
| 12 |
| Sec. 25-25. Rules. The Department
OBRE , after considering | 13 |
| any recommendations of the
Board, shall adopt rules that may be | 14 |
| necessary for
administration, implementation, and enforcement | 15 |
| of the Act.
| 16 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 17 |
| (225 ILCS 458/30-10)
| 18 |
| (Section scheduled to be repealed on January 1, 2012)
| 19 |
| Sec. 30-10. Appraisal Administration Fund.
| 20 |
| (a) The Appraisal Administrative Fund, created under the | 21 |
| Real Estate License
Act of 1983 and continued under Section 40 | 22 |
| of the Real Estate Appraiser
Licensing Act, is continued under | 23 |
| this Act. All fees collected under this Act
shall be deposited | 24 |
| into the Appraisal Administration Fund, created in the State
| 25 |
| Treasury under the Real Estate License Act of 1983.
| 26 |
| (b) Appropriations
to the Department
OBRE from the | 27 |
| Appraisal Administration Fund for the purpose of
administering | 28 |
| the Real Estate Appraiser Licensing Act
may be used by the | 29 |
| Department
OBRE for the purpose of administering and enforcing | 30 |
| the
provisions of this Act.
| 31 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
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| 1 |
| Section 99. Effective date. This Act takes effect January | 2 |
| 1, 2007.".
|
|