225 ILCS 441/ Home Inspector License Act.

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225 ILCS 441/15-55

(225 ILCS 441/15-55)

(Section scheduled to be repealed on January 1, 2027)

Sec. 15-55. Returned checks and dishonored credit card charges; penalty fee; revocation.

A person who
(1) delivers a check or other payment to the Department that is returned to the Department unpaid by
the financial institution upon which it was drawn shall pay to the Department; or (2) presents a credit or debit card for payment that is invalid or expired or against which charges by the Department are declined or dishonored, in
addition to the amount already owed, a penalty fee of $50.  The Department shall notify
the person that the

check or
payment was returned or that the credit card charge was dishonored and
that the person shall pay to the Department by certified check or money order the amount
of the returned check plus a $50 penalty fee within 30 calendar days after the
date of the notification.  If, after the expiration of 30 calendar days of the
notification, the person has failed to remit the necessary funds and penalty,
the Department shall automatically revoke the license or deny the application without
hearing.  If the returned check or other payment was for issuance of a license
under this Act and that person practices as a home inspector, that person may
be subject to discipline for unlicensed practice as provided in this Act.  If,
after revocation or denial, the person seeks a license, the applicant or licensee shall
petition
the Department for restoration or issuance of the license and may be subject to additional discipline or
fines.  The Secretary may waive the penalties or fines due under this
Section in individual cases where the Secretary finds that the penalties or
fines would be unreasonable or unnecessarily burdensome.

(Source: P.A. 102-20, eff. 1-1-22.)

225 ILCS 441/15-60

(225 ILCS 441/15-60)

(Section scheduled to be repealed on January 1, 2027)

Sec. 15-60. Violations; injunction; cease and desist orders.

(a) If any person violates a provision of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois or the State's Attorney in the county in which the offense occurs, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

(b) If  any person practices as a home inspector or holds oneself out as a home inspector without being licensed under the provisions of this Act, then the Secretary, any licensed home inspector, any interested party, or any person injured thereby may petition for relief as provided in subsection (a) of this Section or may apply to the circuit court of the county in which the violation or some part thereof occurred, or in which the person complained of resides or has a principal place of business, to prevent the violation. The court has jurisdiction to enforce obedience by injunction or by other process restricting the person complained of from further violation and may enjoin upon the person obedience.

(c) Whoever knowingly practices or offers to practice home inspection in this State without a license for that purpose shall be guilty of a Class A misdemeanor for the first offense and shall be guilty of a Class 4 felony for the second and any subsequent offense.

(d) Whenever, in the opinion of the Department, a person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued.

(Source: P.A. 102-20, eff. 1-1-22.)

225 ILCS 441/15-65

    (225 ILCS 441/15-65)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 15-65. Restoration of license from discipline.

At any time after the successful completion of a term of indefinite probation, suspension, or revocation of a license, the Department may restore the license to the licensee, unless after an investigation and a hearing the Secretary determines that restoration is not in the public interest. No person or entity whose license, certificate, or authority has been revoked as authorized in this Act may apply for restoration of that license, certification, or authority until such time as provided for in the Civil Administrative Code of Illinois.

(Source: P.A. 97-226, eff. 7-28-11.)

225 ILCS 441/15-70

    (225 ILCS 441/15-70)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 15-70. Confidentiality.

All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or to a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.

(Source: P.A. 97-226, eff. 7-28-11.)

225 ILCS 441/Art. 20

(225 ILCS 441/Art. 20 heading) ARTICLE 20.

EDUCATION PROVISIONS

225 ILCS 441/20-5

(225 ILCS 441/20-5)

(Section scheduled to be repealed on January 1, 2027)

Sec. 20-5. Education provider.

(a) Only education providers licensed by the Department may
provide
the pre-license and continuing education courses required for licensure
under this Act.

(b) A person or entity seeking to be licensed as an education
provider under this Act shall provide satisfactory evidence of the following:

(1) a sound financial base for establishing,

promoting, and delivering the necessary courses;

(2) a sufficient number of qualified instructors;

(3) adequate support personnel to assist with

administrative matters and technical assistance;

(4) a written policy dealing with procedures for

management of grievances and fee refunds;

(5) a qualified school administrator, who is

responsible for the administration of the school, courses, and the actions of the instructors; and

(6) any other requirements provided by rule.

(c) All applicants for an education provider's license shall make initial
application to the Department in a manner prescribed by the Department and pay the appropriate fee as provided by rule. In addition to any other information required to be contained in the application as prescribed by rule, every application for an original or renewed license shall include the applicant's tax identification number.
The term, expiration date, and renewal of an education provider's
license shall be established by rule.

(d) An education provider shall provide each successful course participant
with a certificate of completion signed by the school administrator.
The format and content of the certificate shall be specified by rule.

(e) All education providers shall provide to the Department a monthly roster of all
successful course participants as
provided by rule.

(Source: P.A. 102-20, eff. 1-1-22.)

225 ILCS 441/20-10

(225 ILCS 441/20-10)

(Section scheduled to be repealed on January 1, 2027)

Sec. 20-10. Course approval.

(a) Only courses that are approved by the Department and offered by licensed education
providers shall be used to meet the requirements of this Act and rules.

(b) An education provider licensed under this Act may submit courses to the Department 
for approval.  The criteria, requirements, and fees for courses
shall be established by rule.

(c) For each course approved, the Department shall issue a certificate of course
approval
to the education
provider.  The term, expiration date, and renewal of a course
approval shall be established by rule.

(Source: P.A. 97-226, eff. 7-28-11.)