Full Text of HB0093 102nd General Assembly
HB0093eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning real estate appraisal.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Real Estate License Act of 2000 is amended | 5 | | by changing Sections 10-45 and 20-20 as follows: | 6 | | (225 ILCS 454/10-45) | 7 | | (Section scheduled to be repealed on January 1, 2030) | 8 | | Sec. 10-45. Broker price opinions and comparative market | 9 | | analyses. | 10 | | (a) A broker price opinion or comparative market analysis | 11 | | may be prepared or provided by a real estate broker or managing | 12 | | broker for any of the following: | 13 | | (1) an existing or potential buyer or seller of an | 14 | | interest in real estate; | 15 | | (2) an existing or potential lessor or lessee of an | 16 | | interest in real estate; | 17 | | (3) a third party making decisions or performing due | 18 | | diligence related to the potential listing, offering, | 19 | | sale, option, lease, or acquisition price of an interest | 20 | | in real estate; or | 21 | | (4) an existing or potential lienholder or other third | 22 | | party for any purpose other than as the primary basis to | 23 | | determine the market value of an interest in real estate |
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| 1 | | for the purpose of a mortgage loan origination by a | 2 | | financial institution secured by such real estate. | 3 | | (b) A broker price opinion or comparative market analysis | 4 | | shall be in writing either on paper or electronically and | 5 | | shall include the following provisions: | 6 | | (1) a statement of the intended purpose of the broker | 7 | | price opinion or comparative market analysis; | 8 | | (2) a brief description of the interest in real estate | 9 | | that is the subject of the broker price opinion or | 10 | | comparative market analysis; | 11 | | (3) a brief description of the methodology used to | 12 | | develop the broker price opinion or comparative market | 13 | | analysis; | 14 | | (4) any assumptions or limiting conditions; | 15 | | (5) a disclosure of any existing or contemplated | 16 | | interest of the broker or managing broker in the interest | 17 | | in real estate that is the subject of the broker price | 18 | | opinion or comparative market analysis; | 19 | | (6) the name, license number, and signature of the | 20 | | broker or managing broker that developed the broker price | 21 | | opinion or comparative market analysis; | 22 | | (7) a statement in substantially the following form: | 23 | | "This is a broker price opinion/comparative market | 24 | | analysis, not an appraisal of the market value of the real | 25 | | estate, and was prepared by a licensed real estate broker | 26 | | or managing broker who was not acting as a State certified |
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| 1 | | real estate appraiser."; and | 2 | | (8) such other items as the broker or managing broker | 3 | | may deem appropriate.
| 4 | | (b) A real estate broker or managing broker shall not | 5 | | discriminate when preparing a broker price opinion or | 6 | | comparative market analysis for residential real estate. For | 7 | | the purposes of this Section, a real estate broker or managing | 8 | | broker discriminates when he or she considers the actual or | 9 | | perceived race, color,
religion, or national origin of the | 10 | | owner of the real estate or the residents of the geographic | 11 | | area in which the real estate is located when determining the | 12 | | market value of the real estate. In addition to the | 13 | | disciplinary procedures set forth in Section 20-20, an | 14 | | aggrieved party may commence a civil action alleging | 15 | | discrimination in an appropriate circuit court not later than | 16 | | 2 years after the occurrence that constitutes discrimination | 17 | | under this subsection (b). Such a civil action shall be | 18 | | subject to the same procedures, rights, and remedies as a | 19 | | civil action alleging a civil rights violation under Section | 20 | | 10-102 of the Illinois Human Rights Act. A circuit court | 21 | | action may also be initiated by the Illinois Attorney General | 22 | | whenever the Illinois Attorney General has
reasonable cause to | 23 | | believe that a real estate broker or managing broker is | 24 | | engaged in a pattern and practice of discrimination prohibited | 25 | | by this subsection. Such a civil action shall be subject to the | 26 | | same procedures, rights, and remedies as a civil action |
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| 1 | | alleging a civil rights violation under Section 10-104 of the | 2 | | Illinois Human Rights Act. | 3 | | (Source: P.A. 101-71, eff. 7-12-19.)
| 4 | | (225 ILCS 454/20-20)
| 5 | | (Section scheduled to be repealed on January 1, 2030)
| 6 | | Sec. 20-20. Nature of and grounds for discipline. | 7 | | (a) The Department may refuse to issue or renew a license, | 8 | | may place on probation, suspend,
or
revoke any
license, | 9 | | reprimand, or take any other disciplinary or non-disciplinary | 10 | | action as the Department may deem proper and impose a
fine not | 11 | | to exceed
$25,000 upon any licensee or applicant under this | 12 | | Act or any person who holds himself or herself out as an | 13 | | applicant or licensee or against a licensee in handling his or | 14 | | her own property, whether held by deed, option, or otherwise, | 15 | | for any one or any combination of the
following causes:
| 16 | | (1) Fraud or misrepresentation in applying for, or | 17 | | procuring, a license under this Act or in connection with | 18 | | applying for renewal of a license under this Act.
| 19 | | (2) The licensee's conviction of or plea of guilty or | 20 | | plea of nolo contendere to: (A) a felony or misdemeanor in | 21 | | this State or any other jurisdiction; or (B) the entry of | 22 | | an administrative sanction by a government agency in this | 23 | | State or any other jurisdiction. Action taken under this | 24 | | paragraph (2) for a misdemeanor or an administrative | 25 | | sanction is limited to a misdemeanor or administrative |
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| 1 | | sanction that has as an
essential element dishonesty or | 2 | | fraud or involves larceny, embezzlement,
or obtaining | 3 | | money, property, or credit by false pretenses or by means | 4 | | of a
confidence
game.
| 5 | | (3) Inability to practice the profession with | 6 | | reasonable judgment, skill, or safety as a result of a | 7 | | physical illness, including, but not limited to, | 8 | | deterioration through the aging process or loss of motor | 9 | | skill, or a mental illness or disability.
| 10 | | (4) Practice under this Act as a licensee in a retail | 11 | | sales establishment from an office, desk, or space that
is | 12 | | not
separated from the main retail business and located | 13 | | within a separate and distinct area within
the
| 14 | | establishment.
| 15 | | (5) Having been disciplined by another state, the | 16 | | District of Columbia, a territory, a foreign nation, or a | 17 | | governmental agency authorized to impose discipline if at | 18 | | least one of the grounds for that discipline is the same as | 19 | | or
the
equivalent of one of the grounds for which a | 20 | | licensee may be disciplined under this Act. A certified | 21 | | copy of the record of the action by the other state or | 22 | | jurisdiction shall be prima facie evidence thereof.
| 23 | | (6) Engaging in the practice of real estate brokerage
| 24 | | without a
license or after the licensee's license or | 25 | | temporary permit was expired or while the license was | 26 | | inactive, revoked, or suspended.
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| 1 | | (7) Cheating on or attempting to subvert the Real
| 2 | | Estate License Exam or a continuing education course or | 3 | | examination. | 4 | | (8) Aiding or abetting an applicant
to
subvert or | 5 | | cheat on the Real Estate License Exam or continuing | 6 | | education exam
administered pursuant to this Act.
| 7 | | (9) Advertising that is inaccurate, misleading, or | 8 | | contrary to the provisions of the Act.
| 9 | | (10) Making any substantial misrepresentation or | 10 | | untruthful advertising.
| 11 | | (11) Making any false promises of a character likely | 12 | | to influence,
persuade,
or induce.
| 13 | | (12) Pursuing a continued and flagrant course of | 14 | | misrepresentation or the
making
of false promises through | 15 | | licensees, employees, agents, advertising, or
otherwise.
| 16 | | (13) Any misleading or untruthful advertising, or | 17 | | using any trade name or
insignia of membership in any real | 18 | | estate organization of which the licensee is
not a member.
| 19 | | (14) Acting for more than one party in a transaction | 20 | | without providing
written
notice to all parties for whom | 21 | | the licensee acts.
| 22 | | (15) Representing or attempting to represent, or | 23 | | performing licensed activities for, a broker other than | 24 | | the
sponsoring broker.
| 25 | | (16) Failure to account for or to remit any moneys or | 26 | | documents coming into
his or her possession that belong to |
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| 1 | | others.
| 2 | | (17) Failure to maintain and deposit in a special | 3 | | account, separate and
apart from
personal and other | 4 | | business accounts, all escrow moneys belonging to others
| 5 | | entrusted to a licensee
while acting as a broker, escrow | 6 | | agent, or temporary custodian of
the funds of others or
| 7 | | failure to maintain all escrow moneys on deposit in the | 8 | | account until the
transactions are
consummated or | 9 | | terminated, except to the extent that the moneys, or any | 10 | | part
thereof, shall be: | 11 | | (A)
disbursed prior to the consummation or | 12 | | termination (i) in accordance with
the
written | 13 | | direction of
the principals to the transaction or | 14 | | their duly authorized agents, (ii) in accordance with
| 15 | | directions providing for the
release, payment, or | 16 | | distribution of escrow moneys contained in any written
| 17 | | contract signed by the
principals to the transaction | 18 | | or their duly authorized agents,
or (iii)
pursuant to | 19 | | an order of a court of competent
jurisdiction; or | 20 | | (B) deemed abandoned and transferred to the Office | 21 | | of the State Treasurer to be handled as unclaimed | 22 | | property pursuant to the Revised Uniform Unclaimed | 23 | | Property Act. Escrow moneys may be deemed abandoned | 24 | | under this subparagraph (B) only: (i) in the absence | 25 | | of disbursement under subparagraph (A); (ii) in the | 26 | | absence of notice of the filing of any claim in a court |
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| 1 | | of competent jurisdiction; and (iii) if 6 months have | 2 | | elapsed after the receipt of a written demand for the | 3 | | escrow moneys from one of the principals to the | 4 | | transaction or the principal's duly authorized agent.
| 5 | | The account
shall be noninterest
bearing, unless the | 6 | | character of the deposit is such that payment of interest
| 7 | | thereon is otherwise
required by law or unless the | 8 | | principals to the transaction specifically
require, in | 9 | | writing, that the
deposit be placed in an interest-bearing | 10 | | account.
| 11 | | (18) Failure to make available to the Department all | 12 | | escrow records and related documents
maintained in | 13 | | connection
with the practice of real estate within 24 | 14 | | hours of a request for those
documents by Department | 15 | | personnel.
| 16 | | (19) Failing to furnish copies upon request of | 17 | | documents relating to a
real
estate transaction to a party | 18 | | who has executed that document.
| 19 | | (20) Failure of a sponsoring broker or licensee to | 20 | | timely provide sponsorship or termination of sponsorship | 21 | | information to the Department.
| 22 | | (21) Engaging in dishonorable, unethical, or | 23 | | unprofessional conduct of a
character
likely to deceive, | 24 | | defraud, or harm the public, including, but not limited | 25 | | to, conduct set forth in rules adopted by the Department.
| 26 | | (22) Commingling the money or property of others with |
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| 1 | | his or her own money or property.
| 2 | | (23) Employing any person on a purely temporary or | 3 | | single deal basis as a
means
of evading the law regarding | 4 | | payment of commission to nonlicensees on some
contemplated
| 5 | | transactions.
| 6 | | (24) Permitting the use of his or her license as a | 7 | | broker to enable a residential
leasing agent or
unlicensed | 8 | | person to operate a real estate business without actual
| 9 | | participation therein and control
thereof by the broker.
| 10 | | (25) Any other conduct, whether of the same or a | 11 | | different character from
that
specified in this Section, | 12 | | that constitutes dishonest dealing.
| 13 | | (26) Displaying a "for rent" or "for sale" sign on any | 14 | | property without
the written
consent of an owner or his or | 15 | | her duly authorized agent or advertising by any
means that | 16 | | any property is
for sale or for rent without the written | 17 | | consent of the owner or his or her
authorized agent.
| 18 | | (27) Failing to provide information requested by the | 19 | | Department, or otherwise respond to that request, within | 20 | | 30 days of
the
request.
| 21 | | (28) Advertising by means of a blind advertisement, | 22 | | except as otherwise
permitted in Section 10-30 of this | 23 | | Act.
| 24 | | (29) A licensee under this Act or an unlicensed | 25 | | individual offering guaranteed sales plans, as defined in | 26 | | Section 10-50, except to
the extent set forth in Section |
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| 1 | | 10-50.
| 2 | | (30) Influencing or attempting to influence, by any | 3 | | words or acts, a
prospective
seller, purchaser, occupant, | 4 | | landlord, or tenant of real estate, in connection
with | 5 | | viewing, buying, or
leasing real estate, so as to promote | 6 | | or tend to promote the continuance
or maintenance of
| 7 | | racially and religiously segregated housing or so as to | 8 | | retard, obstruct, or
discourage racially
integrated | 9 | | housing on or in any street, block, neighborhood, or | 10 | | community.
| 11 | | (31) Engaging in any act that constitutes a violation | 12 | | of any provision of
Article 3 of the Illinois Human Rights | 13 | | Act, whether or not a complaint has
been filed with or
| 14 | | adjudicated by the Human Rights Commission.
| 15 | | (32) Inducing any party to a contract of sale or lease | 16 | | or brokerage
agreement to
break the contract of sale or | 17 | | lease or brokerage agreement for the purpose of
| 18 | | substituting, in lieu
thereof, a new contract for sale or | 19 | | lease or brokerage agreement with a third
party.
| 20 | | (33) Negotiating a sale, exchange, or lease of real | 21 | | estate directly with
any person
if the licensee knows that | 22 | | the person has an exclusive brokerage
agreement with | 23 | | another
broker, unless specifically authorized by that | 24 | | broker.
| 25 | | (34) When a licensee is also an attorney, acting as | 26 | | the attorney for
either the
buyer or the seller in the same |
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| 1 | | transaction in which the licensee is acting or
has acted | 2 | | as a managing broker
or broker.
| 3 | | (35) Advertising or offering merchandise or services | 4 | | as free if any
conditions or
obligations necessary for | 5 | | receiving the merchandise or services are not
disclosed in | 6 | | the same
advertisement or offer. These conditions or | 7 | | obligations include without
limitation the
requirement | 8 | | that the recipient attend a promotional activity or visit | 9 | | a real
estate site. As used in this
subdivision (35), | 10 | | "free" includes terms such as "award", "prize", "no | 11 | | charge",
"free of charge",
"without charge", and similar | 12 | | words or phrases that reasonably lead a person to
believe | 13 | | that he or she
may receive or has been selected to receive | 14 | | something of value, without any
conditions or
obligations | 15 | | on the part of the recipient.
| 16 | | (36) (Blank).
| 17 | | (37) Violating the terms of a disciplinary order
| 18 | | issued by the Department.
| 19 | | (38) Paying or failing to disclose compensation in | 20 | | violation of Article 10 of this Act.
| 21 | | (39) Requiring a party to a transaction who is not a | 22 | | client of the
licensee
to allow the licensee to retain a | 23 | | portion of the escrow moneys for payment of
the licensee's | 24 | | commission or expenses as a condition for release of the | 25 | | escrow
moneys to that party.
| 26 | | (40) Disregarding or violating any provision of this |
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| 1 | | Act or the published
rules adopted
by the Department to | 2 | | enforce this Act or aiding or abetting any individual, | 3 | | foreign or domestic
partnership, registered limited | 4 | | liability partnership, limited liability
company, | 5 | | corporation, or other business entity in
disregarding any | 6 | | provision of this Act or the published rules adopted by | 7 | | the Department
to enforce this Act.
| 8 | | (41) Failing to provide the minimum services required | 9 | | by Section 15-75 of this Act when acting under an | 10 | | exclusive brokerage agreement.
| 11 | | (42) Habitual or excessive use of or addiction to | 12 | | alcohol, narcotics, stimulants, or any other chemical | 13 | | agent or drug that results in a managing broker, broker, | 14 | | or residential leasing agent's inability to practice with | 15 | | reasonable skill or safety. | 16 | | (43) Enabling, aiding, or abetting an auctioneer, as | 17 | | defined in the Auction License Act, to conduct a real | 18 | | estate auction in a manner that is in violation of this | 19 | | Act. | 20 | | (44) Permitting any residential leasing agent or | 21 | | temporary residential leasing agent permit holder to | 22 | | engage in activities that require a broker's or managing | 23 | | broker's license. | 24 | | (45) Failing to notify the Department of any criminal | 25 | | conviction that occurs during the licensee's term of | 26 | | licensure within 30 days after the conviction. |
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| 1 | | (46) A designated managing broker's failure to provide | 2 | | an appropriate written company policy or failure to | 3 | | perform any of the duties set forth in Section 10-55. | 4 | | (47) Engaging in discrimination as provided in | 5 | | subsection (b) of Section 10-45. | 6 | | (b) The Department may refuse to issue or renew or may | 7 | | suspend the license of any person who fails to file a return, | 8 | | pay the tax, penalty or interest shown in a filed return, or | 9 | | pay any final assessment of tax, penalty, or interest, as | 10 | | required by any tax Act administered by the Department of | 11 | | Revenue, until such time as the requirements of that tax Act | 12 | | are satisfied in accordance with subsection (g) of Section | 13 | | 2105-15 of the Department of Professional Regulation Law of | 14 | | the Civil Administrative Code of Illinois. | 15 | | (c) (Blank). | 16 | | (d) In cases where the Department of Healthcare and Family | 17 | | Services (formerly Department of Public Aid) has previously | 18 | | determined that a licensee or a potential licensee is more | 19 | | than 30 days delinquent in the payment of child support and has | 20 | | subsequently certified the delinquency to the Department may | 21 | | refuse to issue or renew or may revoke or suspend that person's | 22 | | license or may take other disciplinary action against that | 23 | | person based solely upon the certification of delinquency made | 24 | | by the Department of Healthcare and Family Services in | 25 | | accordance with item (5) of subsection (a) of Section 2105-15 | 26 | | of the Department of Professional Regulation Law of the Civil |
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| 1 | | Administrative Code of Illinois. | 2 | | (e) In enforcing this Section, the Department or Board | 3 | | upon a showing of a possible violation may compel an | 4 | | individual licensed to practice under this Act, or who has | 5 | | applied for licensure under this Act, to submit to a mental or | 6 | | physical examination, or both, as required by and at the | 7 | | expense of the Department. The Department or Board may order | 8 | | the examining physician to present testimony concerning the | 9 | | mental or physical examination of the licensee or applicant. | 10 | | No information shall be excluded by reason of any common law or | 11 | | statutory privilege relating to communications between the | 12 | | licensee or applicant and the examining physician. The | 13 | | examining physicians shall be specifically designated by the | 14 | | Board or Department. The individual to be examined may have, | 15 | | at his or her own expense, another physician of his or her | 16 | | choice present during all aspects of this examination. Failure | 17 | | of an individual to submit to a mental or physical | 18 | | examination, when directed, shall be grounds for suspension of | 19 | | his or her license until the individual submits to the | 20 | | examination if the Department finds, after notice and hearing, | 21 | | that the refusal to submit to the examination was without | 22 | | reasonable cause. | 23 | | If the Department or Board finds an individual unable to | 24 | | practice because of the reasons set forth in this Section, the | 25 | | Department or Board may require that individual to submit to | 26 | | care, counseling, or treatment by physicians approved or |
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| 1 | | designated by the Department or Board, as a condition, term, | 2 | | or restriction for continued, reinstated, or renewed licensure | 3 | | to practice; or, in lieu of care, counseling, or treatment, | 4 | | the Department may file, or the Board may recommend to the | 5 | | Department to file, a complaint to immediately suspend, | 6 | | revoke, or otherwise discipline the license of the individual. | 7 | | An individual whose license was granted, continued, | 8 | | reinstated, renewed, disciplined or supervised subject to such | 9 | | terms, conditions, or restrictions, and who fails to comply | 10 | | with such terms, conditions, or restrictions, shall be | 11 | | referred to the Secretary for a determination as to whether | 12 | | the individual shall have his or her license suspended | 13 | | immediately, pending a hearing by the Department. | 14 | | In instances in which the Secretary immediately suspends a | 15 | | person's license under this Section, a hearing on that | 16 | | person's license must be convened by the Department within 30 | 17 | | days after the suspension and completed without appreciable | 18 | | delay. The Department and Board shall have the authority to | 19 | | review the subject individual's record of treatment and | 20 | | counseling regarding the impairment to the extent permitted by | 21 | | applicable federal statutes and regulations safeguarding the | 22 | | confidentiality of medical records. | 23 | | An individual licensed under this Act and affected under | 24 | | this Section shall be afforded an opportunity to demonstrate | 25 | | to the Department or Board that he or she can resume practice | 26 | | in compliance with acceptable and prevailing standards under |
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| 1 | | the provisions of his or her license. | 2 | | (Source: P.A. 100-22, eff. 1-1-18; 100-188, eff. 1-1-18; | 3 | | 100-534, eff. 9-22-17; 100-831, eff. 1-1-19; 100-863, eff. | 4 | | 8-14-18; 100-872, eff. 8-14-18; 101-81, eff. 7-12-19; 101-357, | 5 | | eff. 8-9-19.)
| 6 | | Section 10. The Real Estate Appraiser Licensing Act of | 7 | | 2002 is amended by changing Section 15-10 and by adding | 8 | | Section 10-25 as follows: | 9 | | (225 ILCS 458/10-25 new) | 10 | | Sec. 10-25. Discrimination prohibited. An appraiser shall | 11 | | not discriminate when preparing a comparative market analysis | 12 | | for residential real estate. For the purposes of this Section, | 13 | | an appraiser discriminates when he or she considers the actual | 14 | | or perceived race, color,
religion, or national origin of the | 15 | | owner of the real estate or the residents of the geographic | 16 | | area in which the real estate is located when determining the | 17 | | market value of the real estate. In addition to the | 18 | | disciplinary procedures set forth in Section 15-10, an | 19 | | aggrieved party may commence a civil action alleging | 20 | | discrimination in an appropriate circuit court not later than | 21 | | 2 years after the occurrence that constitutes discrimination | 22 | | under this Section. Such a civil action shall be subject to the | 23 | | same procedures, rights, and remedies as a civil action | 24 | | alleging a civil rights violation under Section 10-102 of the |
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| 1 | | Illinois Human Rights Act. A circuit court action may also be | 2 | | initiated by the Illinois Attorney General whenever the | 3 | | Illinois Attorney General has
reasonable cause to believe that | 4 | | an appraiser is engaged in a pattern and practice of | 5 | | discrimination prohibited by this Section. Such a civil action | 6 | | shall be subject to the same procedures, rights, and remedies | 7 | | as a civil action alleging a civil rights violation under | 8 | | Section 10-104 of the Illinois Human Rights Act.
| 9 | | (225 ILCS 458/15-10)
| 10 | | (Section scheduled to be repealed on January 1, 2022)
| 11 | | Sec. 15-10. Grounds for disciplinary action.
| 12 | | (a) The Department
may suspend, revoke,
refuse to issue,
| 13 | | renew, or restore a license and may reprimand place on | 14 | | probation or administrative
supervision,
or take any | 15 | | disciplinary or non-disciplinary action, including
imposing
| 16 | | conditions limiting the scope, nature, or extent of the real | 17 | | estate appraisal
practice of a
licensee or reducing the | 18 | | appraisal rank of a licensee,
and may impose an administrative | 19 | | fine
not to exceed $25,000 for each violation upon a licensee
| 20 | | for any one or combination of the following:
| 21 | | (1) Procuring or attempting to procure a license by | 22 | | knowingly making a
false statement,
submitting false | 23 | | information, engaging in any form of fraud or
| 24 | | misrepresentation,
or refusing
to provide complete | 25 | | information in response to a question in an application |
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| 1 | | for
licensure.
| 2 | | (2) Failing to meet the minimum qualifications for | 3 | | licensure as an
appraiser established by this
Act.
| 4 | | (3) Paying money, other than for the fees provided for | 5 | | by this Act, or
anything of value to a
member or employee | 6 | | of the Board or the Department
to procure
licensure
under | 7 | | this Act.
| 8 | | (4) Conviction by plea of guilty or nolo contendere, | 9 | | finding of guilt, jury verdict, or entry of judgment or by | 10 | | sentencing of any crime, including, but not limited to, | 11 | | convictions, preceding sentences of supervision, | 12 | | conditional discharge, or first offender probation, under | 13 | | the laws of any jurisdiction of the United States: (i) | 14 | | that is a felony; or (ii) that is a misdemeanor, an | 15 | | essential element of which is dishonesty, or that is | 16 | | directly related to the practice of the profession.
| 17 | | (5) Committing an act or omission involving | 18 | | dishonesty, fraud, or
misrepresentation with the intent to
| 19 | | substantially benefit the licensee or another person or | 20 | | with intent to
substantially injure
another person as | 21 | | defined by rule.
| 22 | | (6) Violating a provision or standard for the | 23 | | development or
communication of real estate
appraisals as | 24 | | provided in Section 10-10 of this Act or as defined by | 25 | | rule.
| 26 | | (7) Failing or refusing without good cause to exercise |
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| 1 | | reasonable
diligence in developing, reporting,
or | 2 | | communicating an appraisal, as defined by this Act or by | 3 | | rule.
| 4 | | (8) Violating a provision of this Act or the rules | 5 | | adopted pursuant to
this Act.
| 6 | | (9) Having been disciplined by another state, the | 7 | | District of Columbia, a
territory, a foreign nation,
a | 8 | | governmental agency, or any other entity authorized to | 9 | | impose discipline if
at least one of
the grounds for that | 10 | | discipline is the same as or the equivalent of one of the
| 11 | | grounds for
which a licensee may be disciplined under this | 12 | | Act.
| 13 | | (10) Engaging in dishonorable, unethical, or | 14 | | unprofessional conduct of a
character likely to
deceive, | 15 | | defraud, or harm the public.
| 16 | | (11) Accepting an appraisal assignment when the | 17 | | employment
itself is contingent
upon the appraiser | 18 | | reporting a predetermined estimate, analysis, or opinion | 19 | | or
when the fee
to be paid is contingent upon the opinion, | 20 | | conclusion, or valuation reached or
upon the
consequences | 21 | | resulting from the appraisal assignment.
| 22 | | (12) Developing valuation conclusions based on the | 23 | | race, color, religion,
sex, national origin,
ancestry, | 24 | | age, marital status, family status, physical or mental | 25 | | disability, or
unfavorable
military discharge, as defined | 26 | | under the Illinois Human Rights Act, of the
prospective or
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| 1 | | present owners or occupants of the area or property under | 2 | | appraisal.
| 3 | | (13) Violating the confidential nature of government | 4 | | records to which
the licensee gained
access through | 5 | | employment or engagement as an appraiser by a government | 6 | | agency.
| 7 | | (14) Being adjudicated liable in a civil proceeding on | 8 | | grounds of
fraud, misrepresentation, or
deceit. In a | 9 | | disciplinary proceeding based upon a finding of civil | 10 | | liability,
the appraiser shall
be afforded an opportunity | 11 | | to present mitigating and extenuating circumstances,
but | 12 | | may not
collaterally attack the civil adjudication.
| 13 | | (15) Being adjudicated liable in a civil proceeding | 14 | | for violation of
a state or federal fair
housing law.
| 15 | | (16) Engaging in misleading or untruthful advertising | 16 | | or using a trade
name or insignia of
membership in a real | 17 | | estate appraisal or real estate organization of
which the | 18 | | licensee is
not a member.
| 19 | | (17) Failing to fully cooperate with a Department | 20 | | investigation by knowingly
making a false
statement, | 21 | | submitting false or misleading information, or refusing to | 22 | | provide
complete information in response to written
| 23 | | interrogatories or a written
request for documentation | 24 | | within 30 days of the request.
| 25 | | (18) Failing to include within the certificate of | 26 | | appraisal for all
written appraisal reports the |
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| 1 | | appraiser's license number and licensure title.
All | 2 | | appraisers providing significant contribution to the | 3 | | development and
reporting of an appraisal must be | 4 | | disclosed in the appraisal report. It is a
violation of | 5 | | this Act for an
appraiser to sign a report,
transmittal | 6 | | letter, or appraisal certification knowing that a person | 7 | | providing
a significant
contribution to the report has not | 8 | | been disclosed in the appraisal report.
| 9 | | (19) Violating the terms of a disciplinary order or | 10 | | consent to administrative supervision order. | 11 | | (20) Habitual or excessive use or addiction to | 12 | | alcohol, narcotics, stimulants, or any other chemical | 13 | | agent or drug that results in a licensee's inability to | 14 | | practice with reasonable judgment, skill, or safety. | 15 | | (21) A physical or mental illness or disability which | 16 | | results in the inability to practice under this Act with | 17 | | reasonable judgment, skill, or safety.
| 18 | | (22) Gross negligence in developing an appraisal or in | 19 | | communicating an appraisal or failing to observe one or | 20 | | more of the Uniform Standards of Professional Appraisal | 21 | | Practice. | 22 | | (23) A pattern of practice or other behavior that | 23 | | demonstrates incapacity or incompetence to practice under | 24 | | this Act. | 25 | | (24) Using or attempting to use the seal, certificate, | 26 | | or license of another as his or her own; falsely |
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| 1 | | impersonating any duly licensed appraiser; using or | 2 | | attempting to use an inactive, expired, suspended, or | 3 | | revoked license; or aiding or abetting any of the | 4 | | foregoing. | 5 | | (25) Solicitation of professional services by using | 6 | | false, misleading, or deceptive advertising. | 7 | | (26) Making a material misstatement in furnishing | 8 | | information to the Department. | 9 | | (27) Failure to furnish information to the Department | 10 | | upon written request. | 11 | | (28) Engaging in discrimination as provided in Section | 12 | | 10-25. | 13 | | (b) The Department
may reprimand suspend, revoke,
or | 14 | | refuse to issue or renew an education provider's
license, may | 15 | | reprimand, place on probation, or otherwise discipline
an | 16 | | education provider
and may suspend or revoke the course | 17 | | approval of any course offered by
an education provider and | 18 | | may impose an administrative fine
not to exceed $25,000 upon
| 19 | | an education provider,
for any of the following:
| 20 | | (1) Procuring or attempting to procure licensure by | 21 | | knowingly making a
false statement,
submitting false | 22 | | information, engaging in any form of fraud or
| 23 | | misrepresentation, or
refusing to
provide complete | 24 | | information in response to a question in an application | 25 | | for
licensure.
| 26 | | (2) Failing to comply with the covenants certified to |
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| 1 | | on the application
for licensure as an education provider.
| 2 | | (3) Committing an act or omission involving | 3 | | dishonesty, fraud, or
misrepresentation or allowing any | 4 | | such act or omission by
any employee or contractor under | 5 | | the control of the provider.
| 6 | | (4) Engaging in misleading or untruthful advertising.
| 7 | | (5) Failing to retain competent instructors in | 8 | | accordance with rules
adopted
under this Act.
| 9 | | (6) Failing to meet the topic or time requirements for | 10 | | course approval as
the provider of a qualifying
curriculum | 11 | | course or a continuing education course.
| 12 | | (7) Failing to administer an approved course using the | 13 | | course materials,
syllabus, and examinations
submitted as | 14 | | the basis of the course approval.
| 15 | | (8) Failing to provide an appropriate classroom | 16 | | environment for
presentation of courses, with
| 17 | | consideration for student comfort, acoustics, lighting, | 18 | | seating, workspace, and
visual aid material.
| 19 | | (9) Failing to maintain student records in compliance | 20 | | with the rules
adopted under this Act.
| 21 | | (10) Failing to provide a certificate, transcript, or | 22 | | other student
record to the Department
or to a student
as | 23 | | may be required by rule.
| 24 | | (11) Failing to fully cooperate with an
investigation | 25 | | by the Department by knowingly
making a false
statement, | 26 | | submitting false or misleading information, or refusing to |
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| 1 | | provide
complete information in response to written | 2 | | interrogatories or a written
request for documentation | 3 | | within 30 days of the request.
| 4 | | (c) In appropriate cases, the Department
may resolve a | 5 | | complaint against a licensee
through the issuance of a Consent | 6 | | to Administrative Supervision order.
A licensee subject to a | 7 | | Consent to Administrative Supervision order
shall be | 8 | | considered by the Department
as an active licensee in good | 9 | | standing. This order shall not be reported or
considered by | 10 | | the Department
to be a discipline
of the licensee. The records | 11 | | regarding an investigation and a Consent to
Administrative | 12 | | Supervision order
shall be considered confidential and shall | 13 | | not be released by the Department
except
as mandated by law.
A | 14 | | complainant shall be notified if his or her complaint has been | 15 | | resolved
by a Consent to
Administrative Supervision order.
| 16 | | (Source: P.A. 97-602, eff. 8-26-11; 97-877, eff. 8-2-12; | 17 | | 98-1109, eff. 1-1-15 .)
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