Full Text of HB0562 102nd General Assembly
HB0562eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Sections 4.32 and 4.37 as follows: | 6 | | (5 ILCS 80/4.32) | 7 | | Sec. 4.32. Acts repealed on January 1, 2022. The following | 8 | | Acts are repealed on January 1, 2022: | 9 | | The Boxing and Full-contact Martial Arts Act. | 10 | | The Cemetery Oversight Act. | 11 | | The Collateral Recovery Act. | 12 | | The Community Association Manager Licensing and | 13 | | Disciplinary Act. | 14 | | The Crematory Regulation Act. | 15 | | The Detection of Deception Examiners Act.
| 16 | | The Home Inspector License Act.
| 17 | | The Illinois Health Information Exchange and Technology | 18 | | Act. | 19 | | The Medical Practice Act of 1987. | 20 | | The Registered Interior Designers Act.
| 21 | | The Massage Licensing Act.
| 22 | | The Petroleum Equipment Contractors Licensing Act.
| 23 | | The Radiation Protection Act of 1990. |
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| 1 | | The Real Estate Appraiser Licensing Act of 2002. | 2 | | The Water Well and Pump Installation Contractor's License | 3 | | Act. | 4 | | (Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; | 5 | | 101-614, eff. 12-20-19; 101-639, eff. 6-12-20.) | 6 | | (5 ILCS 80/4.37) | 7 | | Sec. 4.37. Acts and Articles repealed on January 1, 2027. | 8 | | The following are repealed on January 1, 2027: | 9 | | The Clinical Psychologist Licensing Act.
| 10 | | The Illinois Optometric Practice Act of 1987. | 11 | | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
| 12 | | XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
| 13 | | The Boiler and Pressure Vessel Repairer Regulation Act. | 14 | | The Marriage and Family Therapy Licensing Act. | 15 | | The Home Inspector License Act. | 16 | | (Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16; | 17 | | 99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff. | 18 | | 8-18-17; 100-372, eff. 8-25-17.) | 19 | | Section 10. The Home Inspector License Act is amended by | 20 | | changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20, | 21 | | 5-25, 5-30, 10-10, 15-10, 15-15, 15-20, 15-55, 15-60, 20-5, | 22 | | 25-15, and 25-27 and by adding Sections 1-12, 5-50, 15-10.1, | 23 | | and 15-36 as follows:
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| 1 | | (225 ILCS 441/1-10)
| 2 | | (Section scheduled to be repealed on January 1, 2022)
| 3 | | Sec. 1-10. Definitions. As used in this Act, unless the | 4 | | context
otherwise requires:
| 5 | | "Address of record" means the designated street address , | 6 | | which may not be a post office box, recorded by the Department | 7 | | in the applicant's or licensee's application file or license | 8 | | file as maintained by the Department's licensure maintenance | 9 | | unit. It is the duty of the applicant or licensee to inform the | 10 | | Department of any change of address and those changes must be | 11 | | made either through the Department's website or by contacting | 12 | | the Department. | 13 | | "Applicant" means a person who applies to the Department | 14 | | for a license under this
Act.
| 15 | | "Client" means a person who engages or seeks to engage the | 16 | | services of a
home inspector for an inspection assignment.
| 17 | | "Department" means the Department of Financial and | 18 | | Professional Regulation.
| 19 | | "Email address of record" means the designated email | 20 | | address recorded by the Department in the applicant's | 21 | | application file or the licensee's license file, as maintained | 22 | | by the Department. | 23 | | "Home inspection" means the examination and evaluation of | 24 | | the exterior and
interior components of residential real | 25 | | property, which includes the inspection
of any 2 or more of the | 26 | | following components of residential real property in
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| 1 | | connection with or to facilitate the sale, lease, or other | 2 | | conveyance of, or
the proposed sale, lease or other conveyance | 3 | | of, residential real property:
| 4 | | (1) heating, ventilation, and air conditioning system;
| 5 | | (2) plumbing system;
| 6 | | (3) electrical system;
| 7 | | (4) structural composition;
| 8 | | (5) foundation;
| 9 | | (6) roof;
| 10 | | (7) masonry structure; or
| 11 | | (8) any other residential real property component as | 12 | | established by rule.
| 13 | | "Home inspector" means a person or entity who, for another | 14 | | and for compensation either
direct or indirect, performs home | 15 | | inspections.
| 16 | | "Home inspection report" or "inspection report" means a | 17 | | written evaluation
prepared and issued by a home inspector | 18 | | upon completion of a home inspection,
which meets the | 19 | | standards of practice as established by the Department.
| 20 | | "Inspection assignment" means an engagement for which a | 21 | | home inspector is
employed or retained to conduct a home | 22 | | inspection and prepare a home inspection
report.
| 23 | | "License" means the privilege conferred by the Department | 24 | | to a person who has fulfilled all requirements prerequisite to | 25 | | any type of licensure under this Act. | 26 | | "Licensee" means a home inspector, home inspector entity, |
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| 1 | | or home inspector education provider. | 2 | | "Person" means individuals, entities, corporations, | 3 | | limited liability
companies, registered limited liability | 4 | | partnerships, and partnerships, foreign
or domestic, except | 5 | | that when the context otherwise requires, the term may
refer | 6 | | to a single individual or other described entity.
| 7 | | "Residential real property" means real property that is | 8 | | used or intended to
be used as a residence by one or more | 9 | | individuals.
| 10 | | "Secretary" means the Secretary of Financial and | 11 | | Professional Regulation or the Secretary's designee . | 12 | | "Standards of practice" means recognized standards and | 13 | | codes to be used in a
home
inspection, as determined by the | 14 | | Department and established by rule.
| 15 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 16 | | (225 ILCS 441/1-12 new) | 17 | | Sec. 1-12. Address of record; email address of record. All | 18 | | applicants and licensees shall: | 19 | | (1) provide a valid address and email address to the | 20 | | Department, which shall serve as the address of record and | 21 | | email address of record, respectively, at the time of | 22 | | application for licensure or renewal of a license; and | 23 | | (2) inform the Department of any change of address of | 24 | | record or email address of record within 14 days after | 25 | | such change through the Department's website or by |
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| 1 | | contacting the Department.
| 2 | | (225 ILCS 441/5-5)
| 3 | | (Section scheduled to be repealed on January 1, 2022)
| 4 | | Sec. 5-5. Necessity of license; use of title; exemptions.
| 5 | | (a) It is unlawful for any person, including any
entity, | 6 | | to act or assume
to act as a home
inspector, to engage in the | 7 | | business of home inspection, to develop a home
inspection | 8 | | report, to practice as a home inspector, or to advertise or | 9 | | hold oneself
himself, herself, or itself
out to be a home | 10 | | inspector without a home inspector license issued under this
| 11 | | Act. A person who violates this subsection is guilty of a Class | 12 | | A misdemeanor for the first offense and a Class 4 felony for | 13 | | the second and any subsequent offenses.
| 14 | | (b) It is unlawful for any person, other than a
person who | 15 | | holds a valid
home inspector license issued pursuant to this | 16 | | Act, to use the title "home
inspector" or
any other title, | 17 | | designation, or abbreviation likely to create the impression
| 18 | | that the person is licensed as a home inspector pursuant to | 19 | | this Act. A person
who violates this subsection is guilty of a | 20 | | Class A misdemeanor.
| 21 | | (c) The licensing requirements of this Article do not | 22 | | apply to:
| 23 | | (1) any person who is employed as a code enforcement | 24 | | official by the State
of Illinois or any unit of local | 25 | | government, while acting within the scope of
that |
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| 1 | | government employment;
| 2 | | (2) any person licensed in this State by any other law | 3 | | who is engaging in the profession or occupation for which | 4 | | the person is licensed by the State of Illinois while
| 5 | | acting within the scope of his or her license ; or
| 6 | | (3) any person engaged by the owner or lessor of | 7 | | residential real
property for the purpose of preparing a | 8 | | bid or estimate as to the work
necessary or the costs | 9 | | associated with performing home construction, home
| 10 | | remodeling, or home repair work on the residential real | 11 | | property, provided
such person does not hold himself or | 12 | | herself out, or advertise or hold oneself out as himself | 13 | | or
herself, as being engaged in business as a home | 14 | | inspector.
| 15 | | (d) The licensing of home inspector entities required | 16 | | under this Act does not apply to an entity whose ownership | 17 | | structure is one licensed home inspector operating a sole | 18 | | proprietorship, a single member limited liability company, or | 19 | | a single shareholder corporation, and that home inspector is | 20 | | the only licensed home inspector performing inspections on the | 21 | | entity's behalf. The licensed home inspector who is the sole | 22 | | proprietor, sole shareholder, or single member of the company | 23 | | or entity shall comply with all other provisions of this Act. | 24 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 25 | | (225 ILCS 441/5-10)
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| 1 | | (Section scheduled to be repealed on January 1, 2022)
| 2 | | Sec. 5-10. Application for home inspector license. | 3 | | (a) Every natural person
who
desires to obtain a home | 4 | | inspector license shall:
| 5 | | (1) apply to the Department in a manner on forms | 6 | | prescribed by the Department and accompanied by the | 7 | | required
fee; all applications shall contain the | 8 | | information that, in the judgment of the Department, | 9 | | enables the Department to pass on the qualifications of | 10 | | the applicant for a license to practice as a home | 11 | | inspector as set by rule;
| 12 | | (2) be at least 18 years of age;
| 13 | | (3) successfully complete a 4-year course of study in | 14 | | a high school or secondary school or an equivalent course | 15 | | of study approved by the state in which the school is | 16 | | located, or possess a high school equivalency certificate, | 17 | | which shall be verified under oath by the applicant | 18 | | provide evidence of having attained a high school diploma | 19 | | or completed
an
equivalent course of study as determined | 20 | | by an examination conducted by the
Illinois State Board of | 21 | | Education ;
| 22 | | (4) personally take and pass a written examination and | 23 | | a field an examination authorized by the Department; and
| 24 | | (5) prior to taking the examination, provide evidence
| 25 | | to the Department that the applicant he or she has
| 26 | | successfully completed the prerequisite classroom hours of |
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| 1 | | instruction in home
inspection, as established by rule.
| 2 | | (b) The Department shall not require applicants to report | 3 | | the following information and shall not consider the following | 4 | | criminal history records in connection with an application for | 5 | | licensure or registration: | 6 | | (1) juvenile adjudications of delinquent minors as | 7 | | defined in Section 5-105 of the Juvenile Court Act of 1987 | 8 | | subject to the restrictions set forth in Section 5-130 of | 9 | | that Act; | 10 | | (2) law enforcement records, court records, and | 11 | | conviction records of an individual who was 17 years old | 12 | | at the time of the offense and before January 1, 2014, | 13 | | unless the nature of the offense required the individual | 14 | | to be tried as an adult; | 15 | | (3) records of arrest not followed by a charge or | 16 | | conviction; | 17 | | (4) records of arrest where the charges were dismissed | 18 | | unless related to the practice of the profession; however, | 19 | | applicants shall not be asked to report any arrests, and | 20 | | an arrest not followed by a conviction shall not be the | 21 | | basis of denial and may be used only to assess an | 22 | | applicant's rehabilitation; | 23 | | (5) convictions overturned by a higher court; or | 24 | | (6) convictions or arrests that have been sealed or | 25 | | expunged. | 26 | | (c) An applicant or licensee shall report to the |
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| 1 | | Department, in a manner prescribed by the Department, upon | 2 | | application and within 30 days after the occurrence, if during | 3 | | the term of licensure, (i) any conviction of or plea of guilty | 4 | | or nolo contendere to forgery, embezzlement, obtaining money | 5 | | under false pretenses, larceny, extortion, conspiracy to | 6 | | defraud, or any similar offense or offenses or any conviction | 7 | | of a felony involving moral turpitude, (ii) the entry of an | 8 | | administrative sanction by a government agency in this State | 9 | | or any other jurisdiction that has as an essential element | 10 | | dishonesty or fraud or involves larceny, embezzlement, or | 11 | | obtaining money, property, or credit by false pretenses, or | 12 | | (iii) a crime that subjects the licensee to compliance with | 13 | | the requirements of the Sex Offender Registration Act. | 14 | | (d) Applicants have 3 years after the date of the | 15 | | application to complete the application process. If the | 16 | | process has not been completed within 3 years, the application | 17 | | shall be denied, the fee forfeited, and the applicant must | 18 | | reapply and meet the requirements in effect at the time of | 19 | | reapplication. | 20 | | (Source: P.A. 100-892, eff. 8-14-18.)
| 21 | | (225 ILCS 441/5-12)
| 22 | | (Section scheduled to be repealed on January 1, 2022)
| 23 | | Sec. 5-12. Application for home inspector license; entity. | 24 | | Every
entity that is not a natural person that desires to | 25 | | obtain a home inspector
license shall apply to the Department |
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| 1 | | in a manner prescribed on forms provided by the Department and
| 2 | | accompanied by the required fee.
| 3 | | Applicants have 3 years after the date of the application | 4 | | to complete the application process. If the process has not | 5 | | been completed within 3 years, the application shall be | 6 | | denied, the fee forfeited, and the applicant must reapply and | 7 | | meet the requirements in effect at the time of reapplication. | 8 | | A corporation, limited liability company, partnership, or | 9 | | entity shall, as a condition of licensure, designate a | 10 | | managing licensed home inspector. The managing home inspector | 11 | | of any home inspector entity shall be responsible for the | 12 | | actions of all licensed and unlicensed employees, agents, and | 13 | | representatives of that home inspector entity while it is | 14 | | providing a home inspection or home inspection service. All | 15 | | other requirements for home inspector entities shall be | 16 | | established by rule. | 17 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 18 | | (225 ILCS 441/5-16)
| 19 | | (Section scheduled to be repealed on January 1, 2022)
| 20 | | Sec. 5-16. Renewal of license.
| 21 | | (a) The expiration date and renewal period for a home | 22 | | inspector license
issued under this Act shall be set by rule. | 23 | | Except as otherwise provided in
subsections (b) and (c) of | 24 | | this Section, the holder of a license may renew the
license | 25 | | within 90 days preceding the expiration date by:
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| 1 | | (1) completing and submitting to the Department a | 2 | | renewal application in a manner prescribed form as
| 3 | | provided by the Department;
| 4 | | (2) paying the required fees; and
| 5 | | (3) providing evidence of successful completion of the | 6 | | continuing
education requirements through courses approved | 7 | | by the Department given by
education providers licensed by | 8 | | the Department, as established by rule.
| 9 | | (b) A home inspector whose license under this Act has | 10 | | expired may
renew the license for a period of 2 years following | 11 | | the expiration
date by complying with the requirements of | 12 | | subparagraphs (1), (2), and (3) of
subsection (a) of
this
| 13 | | Section and paying any late penalties established by rule.
| 14 | | (c) Notwithstanding subsection (b), a
home inspector whose | 15 | | license under this Act has expired may renew
the license | 16 | | without paying any lapsed
renewal fees or late penalties if | 17 | | (i) the license expired while the home
inspector was on
active | 18 | | duty with the United States Armed Services, (ii) application | 19 | | for renewal
is made within
2 years following the termination | 20 | | of the military service or related education,
training, or
| 21 | | employment, and (iii) the applicant furnishes to the | 22 | | Department an affidavit that the applicant he or
she was so | 23 | | engaged.
| 24 | | (d) The Department shall provide reasonable care and due | 25 | | diligence to ensure that each
licensee under this Act is | 26 | | provided a renewal application at least 90 days
prior to the
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| 1 | | expiration date, but it is the responsibility of each licensee | 2 | | to renew the
his or her license prior to its expiration date.
| 3 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 4 | | (225 ILCS 441/5-17)
| 5 | | (Section scheduled to be repealed on January 1, 2022)
| 6 | | Sec. 5-17. Renewal of home inspector license; entity.
| 7 | | (a) The expiration date and renewal period for a home | 8 | | inspector
license for an entity that is not a natural person | 9 | | shall be set by rule. The
holder of
a license may renew the | 10 | | license within 90 days preceding the
expiration date by | 11 | | completing and submitting to the Department a renewal
| 12 | | application in a manner prescribed form as provided by the | 13 | | Department and paying the required fees.
| 14 | | (b) An entity that is not a natural person whose license | 15 | | under this Act has
expired may renew the license for a period | 16 | | of 2 years following
the expiration date by complying with the | 17 | | requirements of subsection
(a) of this Section and paying any | 18 | | late penalties established
by rule.
| 19 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 20 | | (225 ILCS 441/5-20)
| 21 | | (Section scheduled to be repealed on January 1, 2022)
| 22 | | Sec. 5-20. Endorsement. The Department may, in its | 23 | | discretion, license as a home inspector, by endorsement, on | 24 | | payment of the required fee, an applicant who is a home |
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| 1 | | inspector licensed under the laws of another state or | 2 | | territory, if (i) the requirements for licensure in the state | 3 | | or territory in which the applicant was licensed were, at the | 4 | | date of his or her licensure, substantially equivalent to the | 5 | | requirements in force in this State on that date or (ii) there | 6 | | were no requirements in force in this State on the date of his | 7 | | or her licensure and the applicant possessed individual | 8 | | qualifications on that date that are substantially similar to | 9 | | the requirements under this Act. The Department may adopt any | 10 | | rules necessary to implement this Section. | 11 | | Applicants have 3 years after the date of application to | 12 | | complete the application process. If the process has not been | 13 | | completed within 3 years, the application shall be denied, the | 14 | | fee forfeited, and the applicant must reapply and meet the | 15 | | requirements in effect at the time of reapplication.
| 16 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 17 | | (225 ILCS 441/5-25)
| 18 | | (Section scheduled to be repealed on January 1, 2022)
| 19 | | Sec. 5-25. Pre-license education requirements. The | 20 | | prerequisite curriculum and
classroom hours necessary for a | 21 | | person to be approved to sit for the
examination for a home | 22 | | inspector shall be established by rule. Approved education, as | 23 | | prescribed by this Act and its associated administrative rules | 24 | | for licensure as a home inspector, shall be valid for 2 years | 25 | | after the date of satisfactory completion of the education.
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| 1 | | (Source: P.A. 92-239, eff. 8-3-01 .)
| 2 | | (225 ILCS 441/5-30)
| 3 | | (Section scheduled to be repealed on January 1, 2022)
| 4 | | Sec. 5-30. Continuing education renewal requirements. The | 5 | | continuing
education requirements for a person to renew a | 6 | | license as a home inspector
shall be established by rule. The | 7 | | Department shall establish a continuing education completion | 8 | | deadline for home inspector licensees and require evidence of | 9 | | compliance with continuing education requirements in a manner | 10 | | established by rule before the renewal of a license.
| 11 | | (Source: P.A. 100-831, eff. 1-1-19 .)
| 12 | | (225 ILCS 441/5-50 new) | 13 | | Sec. 5-50. Insurance. | 14 | | (a) All applicants for a home inspector license and all | 15 | | licensees shall maintain general liability insurance in an | 16 | | amount of not less than $100,000. | 17 | | (b) Failure of an applicant or a licensee to carry and | 18 | | maintain the insurance required by this Section, to timely | 19 | | submit proof of coverage upon the Department's request, or to | 20 | | timely report any claims made against such policies of | 21 | | insurance shall be grounds for the denial of an application to | 22 | | renew a license, or the suspension or revocation of the | 23 | | license. | 24 | | (c) The policies of insurance submitted by an applicant |
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| 1 | | for a new license or an applicant for renewal of a license must | 2 | | include the name of the applicant as it appears or will appear | 3 | | on the license. | 4 | | (d) A home inspector shall maintain the insurance required | 5 | | by this Section for at least one year after the latest home | 6 | | inspection report the home inspector delivered. | 7 | | (e) The Department may adopt rules to implement this | 8 | | Section.
| 9 | | (225 ILCS 441/10-10)
| 10 | | (Section scheduled to be repealed on January 1, 2022)
| 11 | | Sec. 10-10. Retention of records. A person licensed under | 12 | | this Act shall
retain the original or a true and exact copy of | 13 | | all written contracts that engage the licensee's engaging
his | 14 | | or her services as a home inspector and all home inspection | 15 | | reports,
including any supporting data used to develop the | 16 | | home inspection report, for a
period of 5 years or 2 years | 17 | | after the final disposition of any judicial
proceeding, which | 18 | | includes any appeal, in which testimony was given, whichever | 19 | | is longer.
| 20 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 21 | | (225 ILCS 441/15-10)
| 22 | | (Section scheduled to be repealed on January 1, 2022)
| 23 | | Sec. 15-10. Grounds for disciplinary action.
| 24 | | (a) The Department may refuse to issue or renew, or may |
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| 1 | | revoke, suspend, place on probation, reprimand, or take other | 2 | | disciplinary or non-disciplinary action as the Department may | 3 | | deem appropriate, including imposing fines not to exceed | 4 | | $25,000 for each violation, with regard to any license for any | 5 | | one or combination of the following:
| 6 | | (1) Fraud or misrepresentation in applying for, or | 7 | | procuring a license under this Act or in connection with | 8 | | applying for renewal of a license under this Act.
| 9 | | (2) Failing to meet the minimum qualifications for | 10 | | licensure as a home
inspector established by this Act.
| 11 | | (3) Paying money, other than for the fees provided for | 12 | | by this Act, or
anything of value to an employee of the | 13 | | Department to procure licensure under this Act.
| 14 | | (4) Conviction of, or by plea of guilty or nolo | 15 | | contendere, or finding as enumerated in subsection (c) of | 16 | | Section 5-10, of guilt, jury verdict, or entry of judgment | 17 | | or by sentencing of any crime, including, but not limited | 18 | | to, convictions, preceding sentences of supervision, | 19 | | conditional discharge, or first offender probation, under | 20 | | the laws of any jurisdiction of the United States: (i) | 21 | | that is a felony , ; (ii) that is a misdemeanor, or | 22 | | administrative sanction, or (ii) an essential element of | 23 | | which is dishonesty, or that is directly related to the | 24 | | practice of the profession; or (iii) that is a crime that | 25 | | subjects the licensee to compliance with the requirements | 26 | | of the Sex Offender Registration Act.
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| 1 | | (5) Committing an act or omission involving | 2 | | dishonesty, fraud, or
misrepresentation
with the intent to | 3 | | substantially benefit the licensee or another person or | 4 | | with
the intent to substantially injure another person.
| 5 | | (6) Violating a provision or standard for the | 6 | | development or
communication of home inspections as | 7 | | provided in Section 10-5 of this Act or as
defined in the | 8 | | rules.
| 9 | | (7) Failing or refusing to exercise reasonable
| 10 | | diligence
in the development, reporting, or communication | 11 | | of a home inspection report, as
defined
by this Act or the | 12 | | rules.
| 13 | | (8) Violating a provision of this Act or the rules.
| 14 | | (9) Having been disciplined by another state, the | 15 | | District of Columbia, a
territory, a foreign nation, a | 16 | | governmental agency, or any other entity
authorized to | 17 | | impose discipline if at least one of the grounds for
that
| 18 | | discipline is the same as or substantially equivalent to | 19 | | one of the grounds
for which a licensee may be disciplined | 20 | | under this Act.
| 21 | | (10) Engaging in dishonorable, unethical, or | 22 | | unprofessional conduct of a
character likely to deceive, | 23 | | defraud, or harm the public.
| 24 | | (11) Accepting an inspection assignment when the | 25 | | employment itself is
contingent upon the home inspector | 26 | | reporting a predetermined analysis or
opinion, or when the |
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| 1 | | fee to be paid is contingent upon the analysis, opinion,
| 2 | | or conclusion reached or upon the consequences resulting | 3 | | from the home
inspection assignment.
| 4 | | (12) Developing home inspection opinions or | 5 | | conclusions based on the race,
color, religion, sex, | 6 | | national origin, ancestry, age, marital status, family
| 7 | | status, physical or mental disability, military status, or | 8 | | unfavorable discharge from military status discharge , | 9 | | sexual orientation, order of protection status, or | 10 | | pregnancy, as
defined under the Illinois Human Rights Act, | 11 | | of the prospective or present
owners or occupants of the | 12 | | area or property under home inspection.
| 13 | | (13) Being adjudicated liable in a civil proceeding on | 14 | | grounds of
fraud,
misrepresentation, or deceit. In a | 15 | | disciplinary proceeding based upon a
finding of civil | 16 | | liability, the home inspector shall be
afforded an | 17 | | opportunity to present mitigating and extenuating | 18 | | circumstances,
but may not collaterally attack the civil | 19 | | adjudication.
| 20 | | (14) Being adjudicated liable in a civil proceeding | 21 | | for violation of
a
State or federal fair housing law.
| 22 | | (15) Engaging in misleading or untruthful advertising | 23 | | or using a trade
name or insignia of membership in a home | 24 | | inspection organization of
which the licensee is not a | 25 | | member.
| 26 | | (16) Failing, within 30 days, to provide information |
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| 1 | | in response to a written request made by the Department.
| 2 | | (17) Failing to include within the home inspection | 3 | | report the home
inspector's license number and the date of | 4 | | expiration of the license. The names of (i) all persons | 5 | | who conducted the home inspection; and (ii) all persons | 6 | | who prepared the subsequent written evaluation or any part | 7 | | thereof must be disclosed in the report. All
home | 8 | | inspectors providing significant contribution to the | 9 | | development and
reporting of a home inspection must be | 10 | | disclosed in the home inspection report.
It is a violation | 11 | | of this Act for a home inspector to sign a home inspection
| 12 | | report knowing that the names of all such persons have a | 13 | | person providing a significant contribution to the report
| 14 | | has not been disclosed in the home inspection report.
| 15 | | (18) Advising a client as to whether the client should | 16 | | or should not
engage in a transaction regarding the | 17 | | residential real property that is the
subject of the home | 18 | | inspection.
| 19 | | (19) Performing a home inspection in a manner that | 20 | | damages or alters the
residential real property that is | 21 | | the subject of the home inspection without
the consent of | 22 | | the owner.
| 23 | | (20) Performing a home inspection when the home | 24 | | inspector is providing
or may also provide other services | 25 | | in connection with the residential real
property or | 26 | | transaction, or has an interest in the residential real |
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| 1 | | property,
without providing prior written notice of the | 2 | | potential or actual conflict and
obtaining the prior | 3 | | consent of the client as provided by rule.
| 4 | | (21) Aiding or assisting another person in violating | 5 | | any provision of this Act or rules adopted under this Act. | 6 | | (22) Inability to practice with reasonable judgment, | 7 | | skill, or safety as a result of habitual or excessive use | 8 | | or addiction to alcohol, narcotics, stimulants, or any | 9 | | other chemical agent or drug. | 10 | | (23) A finding by the Department that the licensee, | 11 | | after having the his or her license placed on probationary | 12 | | status, has violated the terms of probation. | 13 | | (24) Willfully making or filing false records or | 14 | | reports related to the in his or her practice of home | 15 | | inspection , including, but not limited to, false records | 16 | | filed with State agencies or departments. | 17 | | (25) Charging for professional services not rendered, | 18 | | including filing false statements for the collection of | 19 | | fees for which services are not rendered. | 20 | | (26) Practicing under a false or, except as provided | 21 | | by law, an assumed name. | 22 | | (27) Cheating on or attempting to subvert the | 23 | | licensing examination administered under this Act. | 24 | | (28) Engaging in any of the following prohibited | 25 | | fraudulent, false, deceptive, or misleading advertising | 26 | | practices: |
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| 1 | | (i) advertising as a home inspector or operating a | 2 | | home inspection business entity unless there is a duly | 3 | | licensed home inspector responsible for all inspection | 4 | | activities and all inspections; | 5 | | (ii) advertising that contains a misrepresentation | 6 | | of facts or false statements regarding the licensee's | 7 | | professional achievements, degrees, training, skills, | 8 | | or qualifications in the home inspection profession or | 9 | | any other profession requiring licensure; | 10 | | (iii) advertising that makes only a partial | 11 | | disclosure of relevant facts related to pricing or | 12 | | home inspection services; and | 13 | | (iv) advertising that claims this State or any of | 14 | | its political subdivisions endorse the home inspection | 15 | | report or its contents. | 16 | | (29) Disclosing, except as otherwise required by law, | 17 | | inspection results or client information obtained without | 18 | | the client's written consent. A home inspector shall not | 19 | | deliver a home inspection report to any person other than | 20 | | the client of the home inspector without the client's | 21 | | written consent. | 22 | | (30) Providing fees, gifts, waivers of liability, or | 23 | | other forms of compensation or gratuities to persons | 24 | | licensed under any real estate professional licensing act | 25 | | in this State as consideration or inducement for the | 26 | | referral of business. |
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| 1 | | (b) The Department may suspend, revoke,
or refuse to issue
| 2 | | or renew an education provider's license, may reprimand, place | 3 | | on probation, or
otherwise discipline
an education provider
| 4 | | licensee, and may suspend or revoke the course approval of any | 5 | | course offered
by an education provider, for any of the | 6 | | following:
| 7 | | (1) Procuring or attempting to procure licensure by | 8 | | knowingly making a
false statement, submitting false | 9 | | information, making any form of fraud or
| 10 | | misrepresentation, or refusing to provide complete | 11 | | information in response to a
question in an application | 12 | | for licensure.
| 13 | | (2) Failing to comply with the covenants certified to | 14 | | on the application
for licensure as an education provider.
| 15 | | (3) Committing an act or omission involving | 16 | | dishonesty, fraud, or
misrepresentation
or allowing any | 17 | | such act or omission by any employee or contractor under | 18 | | the
control of the education provider.
| 19 | | (4) Engaging in misleading or untruthful advertising.
| 20 | | (5) Failing to retain competent instructors in | 21 | | accordance with rules
adopted under this Act.
| 22 | | (6) Failing to meet the topic or time requirements for | 23 | | course approval as
the provider of a pre-license | 24 | | curriculum course or a continuing education
course.
| 25 | | (7) Failing to administer an approved course using the | 26 | | course materials,
syllabus, and examinations submitted as |
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| 1 | | the basis of the course approval.
| 2 | | (8) Failing to provide an appropriate classroom | 3 | | environment for
presentation of courses, with | 4 | | consideration for student comfort, acoustics,
lighting, | 5 | | seating, workspace, and visual aid material.
| 6 | | (9) Failing to maintain student records in compliance | 7 | | with the rules
adopted
under this Act.
| 8 | | (10) Failing to provide a certificate, transcript, or | 9 | | other student
record to the Department or to a student as | 10 | | may be required by rule.
| 11 | | (11) Failing to fully cooperate with a Department | 12 | | investigation by knowingly
making a false statement, | 13 | | submitting false or misleading information, or
refusing to | 14 | | provide complete information in
response to written | 15 | | interrogatories or a written request for
documentation | 16 | | within 30 days of the request.
| 17 | | (c) (Blank). In appropriate cases, the Department may | 18 | | resolve a complaint against a licensee
through the issuance of | 19 | | a Consent to Administrative Supervision order. A
licensee | 20 | | subject to a Consent to Administrative Supervision order
shall | 21 | | be considered by the Department as an active licensee in good | 22 | | standing.
This order shall not be reported as or considered by | 23 | | the Department to be a discipline of
the licensee.
The records | 24 | | regarding an investigation and a Consent to Administrative
| 25 | | Supervision order shall be considered confidential and shall | 26 | | not be released by
the Department except as
mandated by law. |
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| 1 | | The complainant shall be notified that his or her
complaint | 2 | | has been resolved by a Consent to Administrative Supervision | 3 | | order.
| 4 | | (d) The Department may refuse to issue or may suspend | 5 | | without hearing, as provided for in the Code of Civil | 6 | | Procedure, the license of any person who fails to file a tax | 7 | | return, to pay the tax, penalty, or interest shown in a filed | 8 | | tax return, or to pay any final assessment of tax, penalty, or | 9 | | interest, as required by any tax Act administered by the | 10 | | Illinois Department of Revenue, until such time as the | 11 | | requirements of the tax Act are satisfied in accordance with | 12 | | subsection (g) of Section 2105-15 of the Civil Administrative | 13 | | Code of Illinois. | 14 | | (e) (Blank). | 15 | | (f) In cases where the Department of Healthcare and Family | 16 | | Services has previously determined that a licensee or a | 17 | | potential licensee is more than 30 days delinquent in the | 18 | | payment of child support and has subsequently certified the | 19 | | delinquency to the Department, the Department may refuse to | 20 | | issue or renew or may revoke or suspend that person's license | 21 | | or may take other disciplinary action against that person | 22 | | based solely upon the certification of delinquency made by the | 23 | | Department of Healthcare and Family Services in accordance | 24 | | with item (5) of subsection (a) of Section 2105-15 of the Civil | 25 | | Administrative Code of Illinois. | 26 | | (g) The determination by a circuit court that a licensee |
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| 1 | | is subject to involuntary admission or judicial admission, as | 2 | | provided in the Mental Health and Developmental Disabilities | 3 | | Code, operates as an automatic suspension. The suspension will | 4 | | end only upon a finding by a court that the patient is no | 5 | | longer subject to involuntary admission or judicial admission | 6 | | and the issuance of a court order so finding and discharging | 7 | | the patient. | 8 | | (h) (Blank). In enforcing this Act, the Department, upon a | 9 | | showing of a possible violation, may compel an individual | 10 | | licensed to practice under this Act, or who has applied for | 11 | | licensure under this Act, to submit to a mental or physical | 12 | | examination, or both, as required by and at the expense of the | 13 | | Department. The Department may order the examining physician | 14 | | to present testimony concerning the mental or physical | 15 | | examination of the licensee or applicant. No information shall | 16 | | be excluded by reason of any common law or statutory privilege | 17 | | relating to communications between the licensee or applicant | 18 | | and the examining physician. The examining physician shall be | 19 | | specifically designated by the Department. The individual to | 20 | | be examined may have, at his or her own expense, another | 21 | | physician of his or her choice present during all aspects of | 22 | | this examination. The examination shall be performed by a | 23 | | physician licensed to practice medicine in all its branches. | 24 | | Failure of an individual to submit to a mental or physical | 25 | | examination, when directed, shall result in an automatic | 26 | | suspension without hearing. |
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| 1 | | A person holding a license under this Act or who has | 2 | | applied for a license under this Act, who, because of a | 3 | | physical or mental illness or disability, including, but not | 4 | | limited to, deterioration through the aging process or loss of | 5 | | motor skill, is unable to practice the profession with | 6 | | reasonable judgment, skill, or safety, may be required by the | 7 | | Department to submit to care, counseling, or treatment by | 8 | | physicians approved or designated by the Department as a | 9 | | condition, term, or restriction for continued, reinstated, or | 10 | | renewed licensure to practice. Submission to care, counseling, | 11 | | or treatment as required by the Department shall not be | 12 | | considered discipline of a license. If the licensee refuses to | 13 | | enter into a care, counseling, or treatment agreement or fails | 14 | | to abide by the terms of the agreement, the Department may file | 15 | | a complaint to revoke, suspend, or otherwise discipline the | 16 | | license of the individual. The Secretary may order the license | 17 | | suspended immediately, pending a hearing by the Department. | 18 | | Fines shall not be assessed in disciplinary actions involving | 19 | | physical or mental illness or impairment. | 20 | | In instances in which the Secretary immediately suspends a | 21 | | person's license under this Section, a hearing on that | 22 | | person's license must be convened by the Department within 15 | 23 | | days after the suspension and completed without appreciable | 24 | | delay. The Department shall have the authority to review the | 25 | | subject individual's record of treatment and counseling | 26 | | regarding the impairment to the extent permitted by applicable |
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| 1 | | federal statutes and regulations safeguarding the | 2 | | confidentiality of medical records. | 3 | | An individual licensed under this Act and affected under | 4 | | this Section shall be afforded an opportunity to demonstrate | 5 | | to the Department that he or she can resume practice in | 6 | | compliance with acceptable and prevailing standards under the | 7 | | provisions of his or her license. | 8 | | (Source: P.A. 100-872, eff. 8-14-18.)
| 9 | | (225 ILCS 441/15-10.1 new) | 10 | | Sec. 15-10.1. Citations. | 11 | | (a) The Department may adopt rules to permit the issuance | 12 | | of citations to any licensee for failure to comply with the | 13 | | continuing education requirements set forth in this Act or as | 14 | | established by rule. The citation shall be issued to the | 15 | | licensee and shall contain the licensee's name, the licensee's | 16 | | address, the licensee's license number, the number of required | 17 | | hours of continuing education that have not been successfully | 18 | | completed by the licensee within the renewal period, and the | 19 | | penalty imposed, which shall not exceed $2,000. The issuance | 20 | | of a citation shall not excuse the licensee from completing | 21 | | all continuing education required for that renewal period. | 22 | | (b) Service of a citation shall be made in person, | 23 | | electronically, or by mail to the licensee at the licensee's | 24 | | address of record or email address of record, and the citation | 25 | | must clearly state that if the cited licensee wishes to |
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| 1 | | dispute the citation, the cited licensee may make a written | 2 | | request, within 30 days after the citation is served, for a | 3 | | hearing before the Department. If the cited licensee does not | 4 | | request a hearing within 30 days after the citation is served, | 5 | | then the citation shall become a final, non-disciplinary | 6 | | order, and any fine imposed is due and payable within 60 days | 7 | | after that final order. If the cited licensee requests a | 8 | | hearing within 30 days after the citation is served, the | 9 | | Department shall afford the cited licensee a hearing conducted | 10 | | in the same manner as a hearing provided for in this Act for | 11 | | any violation of this Act and shall determine whether the | 12 | | cited licensee committed the violation as charged and whether | 13 | | the fine as levied is warranted. If the violation is found, any | 14 | | fine shall constitute non-public discipline and be due and | 15 | | payable within 30 days after the order of the Secretary, which | 16 | | shall constitute a final order of the Department. No change in | 17 | | license status may be made by the Department until a final | 18 | | order of the Department has been issued. | 19 | | (c) Payment of a fine that has been assessed pursuant to | 20 | | this Section shall not constitute disciplinary action | 21 | | reportable on the Department's website or elsewhere unless a | 22 | | licensee has previously received 2 or more citations and been | 23 | | assessed 2 or more fines. | 24 | | (d) Nothing in this Section shall prohibit or limit the | 25 | | Department from taking further action pursuant to this Act and | 26 | | rules for additional, repeated, or continuing violations.
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| 1 | | (225 ILCS 441/15-15)
| 2 | | (Section scheduled to be repealed on January 1, 2022)
| 3 | | Sec. 15-15. Investigation; notice; hearing. The Department | 4 | | may investigate the actions of any applicant or licensee or of | 5 | | any person or persons rendering or offering to render home | 6 | | inspection services or any person holding or claiming to hold | 7 | | a license as a home inspector. The Department shall, before | 8 | | refusing to issue or renew a license or to discipline a | 9 | | licensee pursuant to Section 15-10, at least 30 days prior to | 10 | | the date set for the hearing, (i) notify the accused in | 11 | | writing, of the charges made and the time and place for the | 12 | | hearing on the charges, (ii) direct the licensee or applicant | 13 | | him or her to file a written answer with the Department under | 14 | | oath within 20 days after the service of the notice, and (iii) | 15 | | inform the applicant or licensee that failure to file an | 16 | | answer will result in a default judgment being entered against | 17 | | the applicant or licensee. At the time and place fixed in the | 18 | | notice, the Department shall proceed to hear the charges and | 19 | | the parties of their counsel shall be accorded ample | 20 | | opportunity to present any pertinent statements, testimony, | 21 | | evidence, and arguments. The Department may continue the | 22 | | hearing from time to time. In case the person, after receiving | 23 | | the notice, fails to file an answer, the his or her license, | 24 | | may, in the discretion of the Department, be revoked, | 25 | | suspended, placed on probationary status, or the Department |
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| 1 | | may take whatever disciplinary actions considered proper, | 2 | | including limiting the scope, nature, or extent of the | 3 | | person's practice or the imposition of a fine, without a | 4 | | hearing, if the act or acts charged constitute sufficient | 5 | | grounds for that action under the Act. The notice may be served | 6 | | by personal delivery, by mail, or, at the discretion of the | 7 | | Department, by electronic means to the address of record or | 8 | | email address of record specified by the accused as last | 9 | | updated with the Department. The written notice may be served | 10 | | by personal delivery or by certified mail to the accused's | 11 | | address of record.
| 12 | | A copy of the hearing officer's report or any Order of | 13 | | Default, along with a copy of the original complaint giving | 14 | | rise to the action, shall be served upon the applicant, | 15 | | licensee, or unlicensed person by the Department to the | 16 | | applicant, licensee, or unlicensed individual in the manner | 17 | | provided in this Act for the service of a notice of hearing. | 18 | | Within 20 days after service, the applicant or licensee may | 19 | | present to the Department a motion in writing for a rehearing, | 20 | | which shall specify the particular grounds for rehearing. The | 21 | | Department may respond to the motion, or if a motion for | 22 | | rehearing is denied, then upon denial, the Secretary may enter | 23 | | an order in accordance with the recommendations of the hearing | 24 | | officer. If the applicant or licensee orders from the | 25 | | reporting service and pays for a transcript of the record | 26 | | within the time for filing a motion for rehearing, then the |
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| 1 | | 20-day period during which a motion may be filed shall | 2 | | commence upon the delivery of the transcript to the applicant | 3 | | or licensee. | 4 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 5 | | (225 ILCS 441/15-20)
| 6 | | (Section scheduled to be repealed on January 1, 2022)
| 7 | | Sec. 15-20. Administrative Review Law; certification fees;
| 8 | | Illinois Administrative Procedure Act. | 9 | | (a) All final administrative decisions of the Department | 10 | | under this Act
are subject to
judicial review pursuant to the | 11 | | provisions of the Administrative Review Law and
the rules | 12 | | adopted pursuant thereto. The term "administrative decision" | 13 | | has the
meaning ascribed to it in Section 3-101 of the | 14 | | Administrative
Review Law.
| 15 | | (b) The Department shall not be required to certify any | 16 | | record to the court or file any answer in court or otherwise | 17 | | appear in any court in a judicial review proceeding, unless | 18 | | and until the Department has received from the plaintiff | 19 | | payment of the costs of furnishing and certifying the record, | 20 | | which costs shall be determined by the Department. Exhibits | 21 | | shall be certified without cost. Failure on the part of the | 22 | | plaintiff to file a receipt in court is grounds for dismissal | 23 | | of the action.
| 24 | | (c) The Illinois Administrative Procedure Act is hereby | 25 | | expressly
adopted
and incorporated herein. In the event of a |
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| 1 | | conflict between this
Act and the Illinois Administrative | 2 | | Procedure Act, this Act shall
control.
| 3 | | (d) Proceedings for judicial review shall be commenced in | 4 | | the circuit court of the county in which the party applying for | 5 | | review resides, but if the party is not a resident of Illinois, | 6 | | the venue shall be in Sangamon County or Cook County. | 7 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 8 | | (225 ILCS 441/15-36 new) | 9 | | Sec. 15-36. No private right of action. Except as | 10 | | otherwise expressly provided for in this Act, nothing in this | 11 | | Act shall be construed to grant to any person a private right | 12 | | of action to enforce the provisions of this Act or the rules | 13 | | adopted under this Act.
| 14 | | (225 ILCS 441/15-55)
| 15 | | (Section scheduled to be repealed on January 1, 2022)
| 16 | | Sec. 15-55. Returned checks and dishonored credit card | 17 | | charges ; penalty fee; revocation termination . A person who
(1) | 18 | | delivers a check or other payment to the Department that is | 19 | | returned to the Department unpaid by
the financial institution | 20 | | upon which it was drawn shall pay to the Department ; or (2) | 21 | | presents a credit or debit card for payment that is invalid or | 22 | | expired or against which charges by the Department are | 23 | | declined or dishonored , in
addition to the amount already | 24 | | owed, a penalty fee of $50. The Department shall notify
the |
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| 1 | | person , by certified mail return receipt requested, that the
| 2 | | his or her
check or
payment was returned or that the credit | 3 | | card charge was dishonored and
that the person shall pay to the | 4 | | Department by certified check or money order the amount
of the | 5 | | returned check plus a $50 penalty fee within 30 calendar days | 6 | | after the
date of the notification. If, after the expiration | 7 | | of 30 calendar days of the
notification, the person has failed | 8 | | to remit the necessary funds and penalty,
the Department shall | 9 | | automatically revoke terminate the license or deny the | 10 | | application without
hearing. If the returned check or other | 11 | | payment was for issuance of a license
under this Act and that | 12 | | person practices as a home inspector, that person may
be | 13 | | subject to discipline for unlicensed practice as provided in | 14 | | this Act. If,
after revocation termination or denial, the | 15 | | person seeks a license, the applicant or licensee he or she | 16 | | shall
petition
the Department for restoration or issuance of | 17 | | the license and he or she may be subject to additional | 18 | | discipline or
fines. The Secretary may waive the penalties or | 19 | | fines due under this
Section in individual cases where the | 20 | | Secretary finds that the penalties or
fines would be | 21 | | unreasonable or unnecessarily burdensome.
| 22 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 23 | | (225 ILCS 441/15-60)
| 24 | | (Section scheduled to be repealed on January 1, 2022)
| 25 | | Sec. 15-60. Violations; injunction; cease and desist |
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| 1 | | orders. | 2 | | (a) If any person violates a provision of this Act, the | 3 | | Secretary may, in the name of the People of the State of | 4 | | Illinois, through the Attorney General of the State of | 5 | | Illinois or the State's Attorney in the county in which the | 6 | | offense occurs, petition for an order enjoining the violation | 7 | | or for an order enforcing compliance with this Act. Upon the | 8 | | filing of a verified petition in court, the court may issue a | 9 | | temporary restraining order, without notice or bond, and may | 10 | | preliminarily and permanently enjoin the violation. If it is | 11 | | established that the person has violated or is violating the | 12 | | injunction, the court may punish the offender for contempt of | 13 | | court. Proceedings under this Section shall be in addition to, | 14 | | and not in lieu of, all other remedies and penalties provided | 15 | | by this Act. | 16 | | (b) If any person practices as a home inspector or holds | 17 | | oneself himself or herself out as a home inspector without | 18 | | being licensed under the provisions of this Act, then the | 19 | | Secretary, any licensed home inspector, any interested party, | 20 | | or any person injured thereby may petition for relief as | 21 | | provided in subsection (a) of this Section or may apply to the | 22 | | circuit court of the county in which the violation or some part | 23 | | thereof occurred, or in which the person complained of resides | 24 | | or has a his or her principal place of business or resides , to | 25 | | prevent the violation. The court has jurisdiction to enforce | 26 | | obedience by injunction or by other process restricting the |
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| 1 | | person complained of from further violation and may enjoin | 2 | | enjoining upon the person him or her obedience. | 3 | | (c) Whoever knowingly practices or offers to practice home | 4 | | inspection in this State without a license for that purpose | 5 | | shall be guilty of a Class A misdemeanor for the first offense | 6 | | and shall be guilty of a Class 4 felony for the second and any | 7 | | subsequent offense. | 8 | | (d) Whenever, in the opinion of the Department, a person | 9 | | violates any provision of this Act, the Department may issue a | 10 | | rule to show cause why an order to cease and desist should not | 11 | | be entered against that person. The rule shall clearly set | 12 | | forth the grounds relied upon by the Department and shall | 13 | | provide a period of 7 days from the date of the rule to file an | 14 | | answer to the satisfaction of the Department. Failure to | 15 | | answer to the satisfaction of the Department shall cause an | 16 | | order to cease and desist to be issued.
| 17 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 18 | | (225 ILCS 441/20-5)
| 19 | | (Section scheduled to be repealed on January 1, 2022)
| 20 | | Sec. 20-5. Education provider.
| 21 | | (a) Only education providers licensed by the Department | 22 | | may
provide
the pre-license and continuing education courses | 23 | | required for licensure
under this Act.
| 24 | | (b) A person or entity seeking to be licensed as an | 25 | | education
provider under this Act shall provide satisfactory |
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| 1 | | evidence of the following:
| 2 | | (1) a sound financial base for establishing, | 3 | | promoting, and delivering the
necessary courses;
| 4 | | (2) a sufficient number of qualified instructors;
| 5 | | (3) adequate support personnel to assist with | 6 | | administrative matters and
technical assistance;
| 7 | | (4) a written policy dealing with procedures for | 8 | | management of grievances
and fee refunds;
| 9 | | (5) a qualified school administrator, who is | 10 | | responsible for the
administration of the school, courses, | 11 | | and the actions of the instructors; and
| 12 | | (6) any other requirements provided by rule.
| 13 | | (c) All applicants for an education provider's license | 14 | | shall make initial
application to the Department in a manner | 15 | | prescribed on forms
provided by the Department and pay the | 16 | | appropriate fee as provided by rule. In addition to any other | 17 | | information required to be contained in the application as | 18 | | prescribed by rule, every application for an original or | 19 | | renewed license shall include the applicant's tax | 20 | | identification number.
The term, expiration date, and renewal | 21 | | of an education provider's
license shall be established by | 22 | | rule.
| 23 | | (d) An education provider shall provide each successful | 24 | | course participant
with a certificate of completion signed by | 25 | | the school administrator.
The format and content of the | 26 | | certificate shall be specified by rule.
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| 1 | | (e) All education providers shall provide to the | 2 | | Department a monthly roster of all
successful course | 3 | | participants as
provided by rule.
| 4 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 5 | | (225 ILCS 441/25-15)
| 6 | | (Section scheduled to be repealed on January 1, 2022)
| 7 | | Sec. 25-15. Liaison; duties. The Secretary shall appoint | 8 | | an employee
of the Department to:
| 9 | | (1) (blank);
| 10 | | (2) be the direct liaison between the Department, peer | 11 | | review advisors, the profession, home inspectors,
and | 12 | | related industry organizations and associations; and
| 13 | | (3) prepare and circulate to licensees such | 14 | | educational and informational
material as the Department | 15 | | deems necessary for providing guidance or assistance to
| 16 | | licensees.
| 17 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 18 | | (225 ILCS 441/25-27) | 19 | | (Section scheduled to be repealed on January 1, 2022) | 20 | | Sec. 25-27. Subpoenas; depositions; oaths. | 21 | | (a) The Department may subpoena and bring before it any | 22 | | person to take oral or written testimony or compel the | 23 | | production of any books, papers, records, or any other | 24 | | documents the Secretary or the Secretary's his or her designee |
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| 1 | | deems relevant or material to any investigation or hearing | 2 | | conducted by the Department with the same fees and in the same | 3 | | manner as prescribed in civil cases in the courts of this | 4 | | State. | 5 | | (b) Any circuit court, upon the application of the | 6 | | licensee or the Department, may order the attendance and | 7 | | testimony of witnesses and the production of relevant | 8 | | documents, files, records, books, and papers in connection | 9 | | with any hearing or investigation. The circuit court may | 10 | | compel obedience to its order by proceedings for contempt. | 11 | | (c) The Secretary, the hearing officer, any member of the | 12 | | Board, or a certified shorthand court reporter may administer | 13 | | oaths at any hearing the Department conducts. Notwithstanding | 14 | | any other statute or Department rule to the contrary, all | 15 | | requests for testimony, production of documents, or records | 16 | | shall be in accordance with this Act.
| 17 | | (Source: P.A. 97-226, eff. 7-28-11.) | 18 | | (225 ILCS 441/25-17 rep.) | 19 | | Section 15. The Home Inspector License Act is amended by | 20 | | repealing Section 25-17.
| 21 | | Section 99. Effective date. This Act takes effect January | 22 | | 1, 2022, except that this Section and Section 5 take effect | 23 | | upon becoming law.
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