(225 ILCS 458/15-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-10. Grounds for disciplinary action.
(a) The Department
may suspend, revoke,
refuse to issue,
renew, or restore a license and may reprimand place on probation or administrative
supervision,
or take any disciplinary or non-disciplinary action, including
imposing
conditions limiting the scope, nature, or extent of the real estate appraisal
practice of a
licensee or reducing the appraisal rank of a licensee,
and may impose an administrative fine
not to exceed $25,000 for each violation upon a licensee or applicant under this Act or any person who holds oneself out as an applicant or licensee
for any one or combination of the following:
(1) Procuring or attempting to procure a license by |
| knowingly making a false statement, submitting false information, engaging in any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.
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(2) Failing to meet the minimum qualifications for
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| licensure as an appraiser established by this Act.
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(3) Paying money, other than for the fees provided
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| for by this Act, or anything of value to a member or employee of the Board or the Department to procure licensure under this Act.
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(4) Conviction of, or plea of guilty or nolo
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| contendere, as enumerated in subsection (e) of Section 5-22, under the laws of any jurisdiction of the United States: (i) that is a felony, misdemeanor, or administrative sanction or (ii) that is a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.
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(5) Committing an act or omission involving
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| dishonesty, fraud, or misrepresentation with the intent to substantially benefit the licensee or another person or with intent to substantially injure another person as defined by rule.
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(6) Violating a provision or standard for the
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| development or communication of real estate appraisals as provided in Section 10-10 of this Act or as defined by rule.
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(7) Failing or refusing without good cause to
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| exercise reasonable diligence in developing, reporting, or communicating an appraisal, as defined by this Act or by rule.
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(8) Violating a provision of this Act or the rules
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| adopted pursuant to this Act.
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(9) Having been disciplined by another state, the
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| District of Columbia, a territory, a foreign nation, a governmental agency, or any other entity authorized to impose discipline if at least one of the grounds for that discipline is the same as or the equivalent of one of the grounds for which a licensee may be disciplined under this Act.
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(10) Engaging in dishonorable, unethical, or
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| unprofessional conduct of a character likely to deceive, defraud, or harm the public.
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(11) Accepting an appraisal assignment when the
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| employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, conclusion, or valuation reached or upon the consequences resulting from the appraisal assignment.
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(12) Developing valuation conclusions based on the
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| race, color, religion, sex, national origin, ancestry, age, marital status, family status, physical or mental disability, sexual orientation, pregnancy, order of protection status, military status, unfavorable military discharge, source of income, or any other protected class as defined under the Illinois Human Rights Act, of the prospective or present owners or occupants of the area or property under appraisal.
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(13) Violating the confidential nature of government
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| records to which the licensee gained access through employment or engagement as an appraiser by a government agency.
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(14) Being adjudicated liable in a civil proceeding
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| on grounds of fraud, misrepresentation, or deceit. In a disciplinary proceeding based upon a finding of civil liability, the appraiser shall be afforded an opportunity to present mitigating and extenuating circumstances, but may not collaterally attack the civil adjudication.
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(15) Being adjudicated liable in a civil proceeding
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| for violation of a state or federal fair housing law.
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(16) Engaging in misleading or untruthful advertising
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| or using a trade name or insignia of membership in a real estate appraisal or real estate organization of which the licensee is not a member.
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(17) Failing to fully cooperate with a Department
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| investigation by knowingly making a false statement, submitting false or misleading information, or refusing to provide complete information in response to written interrogatories or a written request for documentation within 30 days of the request.
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(18) Failing to include within the certificate of
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| appraisal for all written appraisal reports the appraiser's license number and licensure title. All appraisers providing significant contribution to the development and reporting of an appraisal must be disclosed in the appraisal report. It is a violation of this Act for an appraiser to sign a report, transmittal letter, or appraisal certification knowing that a person providing a significant contribution to the report has not been disclosed in the appraisal report.
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(19) Violating the terms of a disciplinary order or
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| consent to administrative supervision order.
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(20) Habitual or excessive use or addiction to
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| alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a licensee's inability to practice with reasonable judgment, skill, or safety.
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(21) A physical or mental illness or disability which
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| results in the inability to practice under this Act with reasonable judgment, skill, or safety.
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(22) Gross negligence in developing an appraisal or
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| in communicating an appraisal or failing to observe one or more of the Uniform Standards of Professional Appraisal Practice.
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(23) A pattern of practice or other behavior that
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| demonstrates incapacity or incompetence to practice under this Act.
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(24) Using or attempting to use the seal,
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| certificate, or license of another as one's own; falsely impersonating any duly licensed appraiser; using or attempting to use an inactive, expired, suspended, or revoked license; or aiding or abetting any of the foregoing.
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(25) Solicitation of professional services by using
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| false, misleading, or deceptive advertising.
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(26) Making a material misstatement in furnishing
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| information to the Department.
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(27) Failure to furnish information to the
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| Department upon written request.
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(b) The Department
may reprimand suspend, revoke,
or refuse to issue or renew an education provider's
license, may reprimand, place on probation, or otherwise discipline
an education provider
and may suspend or revoke the course approval of any course offered by
an education provider and may impose an administrative fine
not to exceed $25,000 upon
an education provider,
for any of the following:
(1) Procuring or attempting to procure licensure by
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| knowingly making a false statement, submitting false information, engaging in any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.
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(2) Failing to comply with the covenants certified to
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| on the application for licensure as an education provider.
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(3) Committing an act or omission involving
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| dishonesty, fraud, or misrepresentation or allowing any such act or omission by any employee or contractor under the control of the provider.
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(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in
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| accordance with rules adopted under this Act.
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(6) Failing to meet the topic or time requirements
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| for course approval as the provider of a qualifying curriculum course or a continuing education course.
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(7) Failing to administer an approved course using
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| the course materials, syllabus, and examinations submitted as the basis of the course approval.
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(8) Failing to provide an appropriate classroom
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| environment for presentation of courses, with consideration for student comfort, acoustics, lighting, seating, workspace, and visual aid material.
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(9) Failing to maintain student records in compliance
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| with the rules adopted under this Act.
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(10) Failing to provide a certificate, transcript, or
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| other student record to the Department or to a student as may be required by rule.
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(11) Failing to fully cooperate with an investigation
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| by the Department by knowingly making a false statement, submitting false or misleading information, or refusing to provide complete information in response to written interrogatories or a written request for documentation within 30 days of the request.
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(c) In appropriate cases, the Department
may resolve a complaint against a licensee
through the issuance of a Consent to Administrative Supervision order.
A licensee subject to a Consent to Administrative Supervision order
shall be considered by the Department
as an active licensee in good standing. This order shall not be reported or
considered by the Department
to be a discipline
of the licensee. The records regarding an investigation and a Consent to
Administrative Supervision order
shall be considered confidential and shall not be released by the Department
except
as mandated by law.
(Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24 .)
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(225 ILCS 458/15-15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-15. Investigation; notice; hearing.
(a) Upon the motion of the Department
or the Board or
upon a complaint in
writing of a person setting forth facts that, if proven, would constitute
grounds for suspension, revocation,
or other disciplinary action, the Department shall investigate the actions or qualifications of any person who is a licensee, applicant for licensure, unlicensed person, person rendering or offering to render appraisal services, or holding or claiming to hold a license under this Act. If, upon investigation, the Department believes that there may be cause for suspension, revocation, or other disciplinary action, the Department shall use the services of a State certified general real estate appraiser, a State certified residential real estate appraiser, or the Coordinator to assist in determining whether grounds for disciplinary action exist prior to commencing formal disciplinary proceedings.
(b) Formal disciplinary proceedings shall commence upon the issuance of a
written complaint
describing the charges that are the basis of the disciplinary action and
delivery of the detailed complaint to the address of
record of the person charged. For an associate real estate trainee appraiser, a copy shall also be sent to the licensee's supervising appraiser of record. The Department
shall notify the person
to file a verified written
answer within 20 days after the service of the notice and complaint.
The
notification shall inform the person of the
right to be heard in person or by
legal counsel; that the hearing will be afforded not sooner than 20 days after
service
of the complaint; that failure to file an answer will result in a default being
entered against the person;
that the license may be suspended, revoked, or placed on
probationary status; and that other
disciplinary action may be taken pursuant to this Act, including limiting the
scope, nature, or extent of the licensee's
practice. If the person fails to file an answer after service of
notice, the respective license may,
at the discretion of the Department, be suspended,
revoked, or placed on probationary
status and the Department
may take whatever disciplinary
action it deems proper,
including limiting the scope, nature, or extent of the person's practice,
without a hearing.
(c) At the time and place fixed in the notice, the Board shall conduct
hearing of the charges, providing
both the person charged and the complainant ample opportunity to present in
person
or by counsel such statements, testimony, evidence, and argument as may be
pertinent to the charges or
to a defense thereto.
(d) The Board shall present to the Secretary
a written report of its
findings of fact and
recommendations. A copy of the report shall be served upon the person
either by
mail or, at the discretion of the Department, by electronic means. For associate real estate trainee appraisers, a copy shall also be sent to the licensee's supervising appraiser of record. Within 20 days after the service, the person may present
the Secretary
with a motion in writing
for a rehearing and shall
specify the particular grounds for the request. If the person orders a
transcript of the record
as provided in this Act, the time elapsing thereafter and before the transcript
is ready for delivery to the person
shall not be counted as part of the 20 days. If the Secretary
is
not satisfied that
substantial justice has been done, the Secretary
may order a rehearing by
the Board or other
special committee appointed by the Secretary, may remand the matter to the
Board for its
reconsideration of the matter based on the pleadings and evidence presented to
the Board, or may enter
a final order in contravention of the Board's recommendation. Notwithstanding a person's failure to file a motion for rehearing, the Secretary
shall have the right to take any of
the actions specified in this
subsection (d). Upon the suspension or revocation of a license, the licensee
shall
be required to surrender the respective license to the Department, and upon failure or refusal to do so, the Department
shall have
the right to seize the
license.
(e) The Department
has the power to issue subpoenas and
subpoenas duces tecum
to bring before it any person in this State, to take testimony, or to require
production of any records
relevant to an inquiry or hearing by the Board in the same manner as prescribed
by law in judicial
proceedings in the courts of this State. In a case of refusal of a witness to
attend, testify, or to produce
books or papers concerning a matter upon which the witness might be lawfully
examined, the circuit court
of the county where the hearing is held, upon application of the Department
or any
party to the proceeding, may compel obedience by proceedings as for contempt.
(f) Any license that is revoked may not be
restored for a minimum period
of 3 years.
(g) In addition to the provisions of this Section concerning the conduct of
hearings and the
recommendations for discipline, the Department
has the authority to negotiate
disciplinary and non-disciplinary
settlement agreements concerning any license issued under this Act. All such
agreements shall be
recorded as Consent Orders or Consent to Administrative Supervision Orders.
(h) The Secretary
shall have the authority to appoint an attorney duly
licensed to practice law in the
State of Illinois to serve as the hearing officer in any action to suspend,
revoke, or otherwise discipline
any license issued by the Department. The Hearing Officer
shall have full authority
to conduct the hearing.
(i) The Department, at its expense, shall preserve a record of all formal hearings of
any contested case involving
the discipline of a license. At all hearings or pre-hearing conferences, the Department
and the licensee shall be
entitled to have the proceedings transcribed by a certified shorthand reporter.
A copy of the transcribed
proceedings shall be made available to the licensee by the certified shorthand
reporter upon payment of
the prevailing contract copy rate.
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; 103-236, eff. 1-1-24 .)
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