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90_HB2087
New Act
Creates the Auctioneer Licensing Act to regulate
auctioneers through licensing requirements. Preempts home
rule units from regulating auctioneers in a manner less
restrictive than the Act. Amends the Regulatory Agency Sunset
Act to repeal the Auctioneer Licensing Act on January 1,
2008. Amends the State Finance Act to add the Auctioneer
Licensing Fund.
LRB9004089DPcc
LRB9004089DPcc
1 AN ACT to create the Auctioneer Licensing Act, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Auctioneer Licensing Act.
7 Section 5. Legislative purpose. The General Assembly
8 finds that Illinois does not have the ability, without
9 legislation, to enter into reciprocal agreements with other
10 states to allow persons practicing auctioneering in Illinois
11 to engage in the business of auctioneering in other states.
12 This Body further finds that, without legislation, the level
13 of professionalism desired by auctioneers and the public
14 cannot be attained. Therefore, it is the purpose of this Act
15 to license and regulate auctioneers.
16 Section 10. As used in this Act:
17 "Auctioneer" means a person who, for a fee, commission,
18 or any other valuable consideration or with the intention or
19 expectation of receiving valuable consideration by the means
20 of or process of an auction or sale at auction, offers,
21 negotiates, or attempts to negotiate a listing contract,
22 sale, purchase, or exchange of goods, chattels, merchandise,
23 personal property, real property, or any commodity that may
24 lawfully be kept or offered for sale by or at public auction.
25 "Board" means the Auctioneer Licensing Board.
26 "Department means the Department of Professional
27 Regulation.
28 "Director" means the Director of Professional Regulation.
29 "Goods" means chattels, movable goods, merchandise, or
30 personal property or commodities of any form or type that may
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1 be lawfully kept or offered for sale.
2 "Livestock auction barn" means a place where livestock is
3 sold on a regular basis to the public.
4 "Livestock auction barn auctioneer" means an auctioneer
5 who is solely engaged in the selling of livestock on a
6 regular basis at one or more locations.
7 "Person" means an individual, association, partnership,
8 or corporation or the officers, directors, or employees of a
9 corporation.
10 Section 15. Application of Act.
11 (a) This Act shall not be construed to apply to the
12 following:
13 (1) a sale at auction conducted by or under the
14 direction of a public authority or pursuant to a judicial
15 judgment or order;
16 (2) a sale required by law to be at auction;
17 (3) an auction conducted solely by or for a
18 nonprofit organization;
19 (4) a livestock auction barn auctioneer or an
20 auction held on the premises of a livestock auction barn;
21 (5) a sale by an owner of goods, merchandise, or
22 property of any kind if the owner conducts the sale;
23 (6) a vehicle auction subject to Article VII of the
24 Illinois Vehicle Code; and
25 (7) a foreclosure sale of real estate.
26 (b) An auctioneer may work for an auction company that
27 is licensed in this State in an emergency situation for a
28 period of 90 days but shall, after that time, meet all of the
29 requirements of this Act and shall make application and pay
30 fees for the next examination date during the 90-day period.
31 Section 20. License requirement.
32 (a) On and after January 1, 1999, no person shall act as
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1 an auctioneer, hold himself or herself out as an auctioneer,
2 or advertise his or her services as an auctioneer in this
3 State without a license issued by the Department under this
4 Act.
5 (b) If an auction company owner is not the principal
6 auctioneer, the auction company owner shall apply for a
7 license and meet all the provisions of this Act. When the
8 owner of an auction company or the designated person of a
9 corporation and the auctioneer are the same person, only one
10 license shall be required.
11 (c) A person who violates subsection (a) or (b) shall be
12 liable for a civil penalty not to exceed $200 for a first
13 offense and not to exceed $500 for a second or subsequent
14 offense.
15 Section 25. Auctioneer Licensing Board.
16 (a) There is hereby created the Auctioneer Licensing
17 Board. The Board shall consist of 7 members to be appointed
18 by the Governor. All members shall be licensed auctioneers,
19 except that for the initial appointments, these members may
20 be persons without a license but who have been auctioneers
21 for at least 5 years preceding their membership on the Board.
22 Four members shall be representatives of the general public
23 who have no responsibility for management or formation of
24 policy of, nor any financial interest in, the auctioneering
25 profession nor any other connection with the profession.
26 (b) Members shall be appointed by the Governor for a
27 term of 4 years, except that of the initial appointments, 3
28 members shall be appointed to serve a term of 3 years and 4
29 members shall be appointed to serve a term of 4 years. The
30 Governor shall fill a vacancy for the remainder of the
31 unexpired term. A member of the Board may be removed by the
32 Governor for cause. Each member shall serve on the Board
33 until his or her successor is appointed and qualified. No
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1 member of the Board shall serve more than 2 consecutive
2 4-year terms.
3 To the extent practicable, the Governor shall appoint
4 members to insure that the various geographic regions of the
5 State of Illinois are properly represented on the Board.
6 (c) The Board shall annually elect one of its members as
7 chairperson and one as vice chairperson. No officer shall
8 serve more than twice in succession in the same office. Each
9 officer shall serve until his or her successor has been
10 elected.
11 (d) A majority of the Board members currently appointed
12 shall constitute a quorum. A vacancy in the membership of the
13 Board shall not impair the right of a quorum to exercise all
14 of the rights and perform all the duties of the Board.
15 (e) Each member and member-officer of the Board shall be
16 reimbursed for expenses incurred while engaged in the
17 performance of his or her Board duties.
18 (f) Members of the Board shall be immune from suit in an
19 action based upon any disciplinary proceedings or other acts
20 performed in good faith as members of the Board.
21 (g) The Director shall give due consideration to all
22 recommendations of the Board. If the Director disagrees with
23 or takes action contrary to the recommendation of the Board,
24 he or she shall provide the Board with a written and specific
25 explanation of his or her action.
26 Section 30. Application for license.
27 (a) Applications for original licenses shall be made to
28 the Department in writing on forms prescribed by the
29 Department and shall be accompanied by the required fee,
30 which shall not be refundable. An application shall require
31 the information that in the judgment of the Department will
32 enable it to evaluate the qualifications of the applicant for
33 licensure.
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1 (b) An application for an auctioneer's license shall be
2 accompanied by a bond in the amount of $2,000.
3 (c) The bond shall be a cash bond or a surety bond and,
4 if a surety bond, shall be executed by a surety company
5 authorized to do business in this State and shall be made
6 payable to the Department.
7 (d) The bond shall be forfeited if the applicant fails
8 to conduct his or her business in accordance with the
9 provisions of this Act and the laws of the State of Illinois.
10 (e) The bond shall be in a form approved by the Board.
11 (f) No license may be issued until a bond has been filed
12 with the Board in accordance with this Section.
13 Section 35. Qualifications for license. To qualify for a
14 license under this Act, a person shall:
15 (1) Be at least 18 years of age.
16 (2) Be of good reputation, trustworthy, and
17 competent to transact the business of an auctioneer in a
18 manner to safeguard the interests of the public. The
19 Board is authorized to require information from an
20 applicant to determine the applicant's honesty,
21 truthfulness, and competence.
22 (3) Pass an examination conducted by the Department
23 or its authorized representatives. The examination shall
24 be held 4 times each year and an examination fee of $50
25 shall be collected from each applicant to defray the
26 expenses of the examination. The examination shall
27 include questions on ethics, reading, writing, spelling,
28 elementary arithmetic, and a general knowledge of the
29 laws of Illinois relating to contracts of sale, agency,
30 leases, auctions, brokerage, and the relevant provisions
31 of Article 4 of the Uniform Commercial Code.
32 Section 40. Powers and duties of the Department.
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1 (a) The Department shall exercise the powers and duties
2 prescribed by the Civil Administrative Code of Illinois for
3 the administration of licensing Acts and shall exercise any
4 other powers and duties necessary for effectuating the
5 purposes of this Act.
6 (b) The Department may adopt rules consistent with the
7 provisions of this Act for its administration and enforcement
8 and may prescribe forms that shall be issued in connection
9 with this Act. The rules may include but are not limited to
10 standards and criteria for licensure, professional conduct,
11 and discipline.
12 (c) The Department shall consult with the Board in
13 adopting rules. Notice of proposed rulemaking shall be
14 transmitted to the Board and the Department shall review the
15 Board's responses and any recommendations made by the Board.
16 The Department may solicit the advice of the Board on any
17 matter relating to the administration and enforcement of this
18 Act. Nothing shall limit the ability of the Board to provide
19 recommendations to the Director regarding any matter
20 affecting the administration of this Act.
21 The Department shall issue quarterly to the Board a
22 status report of all complaints relating to the profession
23 received by the Department.
24 Section 45. Practice before this Act. A person who (1) is
25 a resident of this State, (2) has lawfully practiced as an
26 auctioneer for a period of at least one year before the
27 effective date of this Act, (3) has been the principal
28 auctioneer in at least 5 auctions of either real or personal
29 property during that period of time, and (4) has furnished
30 the Department with satisfactory proof of these requirements,
31 shall be issued a license by the Department without
32 examination on proper application, bond payment, and payment
33 of the required application fee.
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1 Section 50. Licensing fees. The Department shall set by
2 rule fees for the administration of this Act, including but
3 not limited to fees for original and renewal licensing and
4 restoration of a license.
5 Section 55. Expiration; renewal; continuing education.
6 (a) A license issued under this Act shall expire one
7 year after the date of issuance. The Department shall issue a
8 renewal license to an applicant on submission of a completed
9 renewal application and payment of the required fee without
10 examination.
11 (b) The Board may develop, and the Department may adopt
12 by rule, an annual program for continuing education. If a
13 program is adopted, a license shall not be renewed unless the
14 renewal applicant has completed the minimum continuing
15 education requirements. The continuing education requirements
16 shall not include testing or examination of the licensee.
17 Section 60. Nonresident auctioneer reciprocity.
18 (a) A person holding a license to engage in auctions
19 issued to him or her by the proper authority of a state,
20 territory, or possession of the United States of America or
21 the District of Columbia having licensing requirements equal
22 to or substantially equivalent to the requirements of this
23 State and who, in the opinion of the Department, otherwise
24 meets the requirements of this Act may upon application and
25 payment of the required fee be licensed without examination.
26 (b) Nothing in this Section or Section 65 shall prevent
27 the conducting of an auction in this State by a nonresident
28 auctioneer if that auctioneer is licensed by the state of his
29 or her residence and that state, through reciprocity, permits
30 a resident of this State, who is an auctioneer licensed to
31 conduct auctions in this State, to conduct auctions in the
32 other state without being required to obtain a license in the
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1 other state.
2 The license fee applicable to a nonresident auctioneer
3 from another state that does not permit an auctioneer who is
4 a resident of this state and who is licensed in this State to
5 conduct auctions in the other state without being required to
6 obtain a license in the other state shall be of the same
7 amount that the other state charges auctioneers who are
8 residents of this State and who are licensed in this State to
9 obtain a license to conduct an auction in the other state.
10 (c) Notwithstanding any other provision of law to the
11 contrary, no person licensed as an auctioneer in another
12 state and temporarily present in this State shall conduct an
13 auction in this State unless he or she acts in association
14 with an auctioneer licensed in that State, if the state in
15 which the nonresident auctioneer is licensed requires such an
16 association with an auctioneer licensed in that state, before
17 an auctioneer licensed in Illinois may conduct an auction in
18 that state.
19 Section 65. Actions against nonresidents. A nonresident
20 applicant shall file an irrevocable consent with the
21 Department that actions may be commenced against the
22 applicant in a court of competent jurisdiction in this State
23 by the service of summons, process, or pleading authorized by
24 the law on the Director. The consent shall stipulate and
25 agree that service of the process, summons, or pleading on
26 the Director shall be taken and held in all courts to be
27 valid and binding as if actual service had been made upon the
28 applicant in Illinois. If a summons, process, or pleading is
29 served upon the Director, it shall be by duplicate copies,
30 one of which shall be retained by the Department and the
31 other immediately forwarded by certified or registered mail
32 to the last known business address of the applicant against
33 whom the summons, process, or pleading may be directed.
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1 Section 70. Inactive status; restoration.
2 (a) An auctioneer who has allowed his or her license to
3 expire or who has had his or her license placed on inactive
4 status may have his or her license restored by making
5 application to the Department and filing proof acceptable to
6 the Department of his or her fitness to have his or her
7 license restored, and by paying the required fee. The proof
8 of fitness may include sworn evidence certifying to active
9 lawful practice in another jurisdiction.
10 The Department shall determine, by an evaluation program
11 established by rule, the licensee's fitness for restoration
12 of his or her license and shall establish procedures and
13 requirements for the restoration.
14 However, an auctioneer license that expired while he or
15 she was (1) in federal service on active duty with the Armed
16 Forces of the United States or the State militia called into
17 service or training, or (2) in training or education under
18 the supervision of the United States before induction into
19 military service, may have his or her license restored
20 without paying any lapsed renewal fees if, within 2 years
21 after honorable termination of that service, training, or
22 education, he or she furnishes the Department with
23 satisfactory evidence to the effect that he or she has been
24 so engaged and that his or her service, training, or
25 education has been so terminated.
26 (b) An auctioneer who notified the Department in writing
27 on forms prescribed by the Department may elect to place his
28 or her license on inactive status and shall, subject to rules
29 of the Department, be excused from payment of renewal fees
30 until he or she notifies the Department in writing of his or
31 her intention to restore his or her license.
32 An auctioneer requesting restoration from inactive status
33 shall be required to pay the current renewal fee and shall be
34 required to restore his or her license as provided in
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1 subsection (a).
2 An auctioneer whose license is on inactive status shall
3 not practice in the State of Illinois.
4 A licensee who engages in the practice of auctioneering
5 while his or her license is lapsed or on inactive status
6 shall be considered to be practicing without a license, which
7 shall be grounds for discipline under Section 85 of this Act.
8 Section 75. Roster. The Department shall maintain a
9 roster of the names and addresses of all licensees and of all
10 persons whose licenses have been suspended or revoked. This
11 roster shall be available upon written request and payment of
12 the required fee.
13 Section 80. Prohibited practice by corporation. No
14 corporation, the stated purpose of which includes
15 auctioneering or that practices or that holds itself out as
16 available to practice as an auctioneer, shall be issued a
17 license by the Department nor shall the Secretary of State
18 approve or accept articles of incorporation for such a
19 corporation.
20 Section 85. Grounds for disciplinary action.
21 (a) The Department may refuse to issue or to renew, or
22 may revoke or suspend a license or may place on probation,
23 censure, reprimand, or take other disciplinary action with
24 regard to any license issued under this Act, including the
25 issuance of fines not to exceed $5,000 for each violation,
26 for any one or combination of the following causes:
27 (1) Material misstatement in furnishing information
28 to the Department.
29 (2) Violations of this Act or its rules.
30 (3) Conviction of a crime under the laws of any
31 United States jurisdiction that is a felony or a
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1 misdemeanor, an essential element of which is dishonesty,
2 or of a crime that is directly related to the practice of
3 the profession.
4 (4) Making a misrepresentation for the purpose of
5 obtaining a license.
6 (5) Engaging in a pattern of practice or other
7 behavior that demonstrates incapacity or incompetence to
8 practice under this Act.
9 (6) Aiding or assisting another person in violating
10 a provision of this Act or its rules.
11 (7) Failing to provide information within 60 days
12 in response to a written request made by the Department.
13 (8) Engaging in dishonorable, unethical, or
14 unprofessional conduct of a character likely to deceive,
15 defraud, or harm the public, as defined by rule.
16 (9) Failing to account for or remit within a
17 reasonable time any money belonging to others that comes
18 into his or her possession in the course of providing
19 auctioneering services.
20 (10) Discipline by another United States
21 jurisdiction or foreign nation, if at least one of the
22 grounds for discipline is the same or substantially
23 equivalent to those set forth in this Section.
24 (11) Directly or indirectly giving to or receiving
25 from a person, firm, corporation, partnership, or
26 association a fee, commission, rebate, or other form of
27 compensation for professional services not actually or
28 personally rendered.
29 (12) A finding by the Board that the licensee,
30 after having his or her license placed on probationary
31 status, has violated the terms of probation.
32 (13) Commingling funds of others with his or her
33 own funds or failing to keep the funds of others in an
34 escrow or trustee account.
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1 (14) Willfully making or filing false records or
2 reports in his or her practice, including but not limited
3 to false records or reports filed with State agencies.
4 (15) Willfully failing to report an instance of
5 suspected child abuse or neglect as required under the
6 Abused and Neglected Child Reporting Act.
7 (16) Failure to voluntarily furnish to a signing
8 party at the time of execution copies of all written
9 instruments prepared by the auctioneer and signed by the
10 other party.
11 (17) Being named as a perpetrator in an indicated
12 report by the Department of Children and Family Services
13 under the Abused and Neglected Child Reporting Act and
14 upon proof by clear and convincing evidence that the
15 licensee has caused a child to be an abused child or
16 neglected child as defined in the Abused and Neglected
17 Child Reporting Act.
18 (18) Employment of fraud, deception, or any
19 unlawful means in applying for or securing a license as
20 an auctioneer.
21 (19) Allowing another person to use his or her
22 license to practice.
23 (20) Attempting to subvert or cheat on a licensing
24 examination administered under this Act.
25 (21) Failure of a licensee to report to the
26 Department any adverse final action taken against the
27 licensee by another licensing jurisdiction (any other
28 jurisdiction of the United States or any foreign state or
29 country), by any government agency, by any law
30 enforcement agency, or by any court or liability for
31 conduct that would constitute grounds for action as set
32 forth in this Section.
33 (b) The Department may refuse to issue or may suspend
34 the license of a person who fails to file a return, to pay
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1 the tax, penalty, or interest shown in a filed return, or to
2 pay any final assessment of the tax, penalty, or interest as
3 required by any tax Act administered by the Department of
4 Revenue, until the requirements of the tax Act are satisfied.
5 (c) The determination by a circuit court that a licensee
6 is subject to involuntary admission or judicial admission as
7 provided in the Mental Health and Developmental Disabilities
8 Code operates as an automatic suspension. The suspension will
9 end only upon a finding by a court that the patient is no
10 longer subject to involuntary admission or judicial admission
11 and issuance of an order so finding and discharging the
12 patient and upon the recommendation of the Board to the
13 Director that the licensee be allowed to resume his or her
14 practice.
15 Section 90. Returned checks; fines. A person who delivers
16 a check or other payment to the Department that is returned
17 to the Department unpaid by the financial institution upon
18 which it is drawn shall pay to the Department, in addition to
19 the amount already owed to the Department, a fine of $50. If
20 the check or other payment was for a renewal or issuance fee
21 and that person practices without paying the renewal fee or
22 issuance fee and the fine due, an additional fine of $100
23 shall be imposed. The fines imposed by this Section are in
24 addition to any other discipline provided under this Act for
25 unlicensed practice or practice on a nonrenewed license. The
26 Department shall notify the person that fees and fines shall
27 be paid to the Department by certified check or money order
28 within 30 calendar days of the notification. If, after the
29 expiration of 30 days from the date of the notification, the
30 person has failed to submit the necessary remittance, the
31 Department shall automatically terminate the license or deny
32 the application without a hearing. If, after termination or
33 denial, the person seeks a license, he or she shall apply to
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1 the Department for restoration or issuance of the license and
2 pay all fees and fines due to the Department. The Department
3 may establish a fee for the processing of an application for
4 restoration of a license to pay all expenses of processing
5 the application. The Director may waive the fines due under
6 this Section in individual cases where the Director finds
7 that the fines would be unreasonable or unnecessarily
8 burdensome.
9 Section 95. Cease and desist order.
10 (a) If a person violates a provision of this Act, the
11 Director, in the name of the People of the State of Illinois
12 through the Attorney General of the State of Illinois, or the
13 State's Attorney of a county in which the violation occurs,
14 may petition for an order enjoining the violation or for an
15 order enforcing compliance with this Act. Upon the filing of
16 a verified petition in court, the court may issue a temporary
17 restraining order without notice or bond and may
18 preliminarily and permanently enjoin the violation. If it is
19 established that the licensee has violated or is violating
20 the injunction, the court may punish the offender for
21 contempt of court. Proceedings under this Section shall be
22 in addition to, and not in lieu of, all other remedies and
23 penalties provided by this Act.
24 (b) If a person practices as an auctioneer or holds
25 himself or herself out as an auctioneer without being
26 licensed under the provisions of this Act, then any licensed
27 auctioneer, any interested party, or any person injured
28 thereby may, in addition to the Director or State's Attorney,
29 petition for relief as provided in subsection (a) of this
30 Section.
31 (c) Whenever in the opinion of the Department a person
32 violates a provision of this Act, the Department may issue a
33 rule to show cause why an order to cease and desist should
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1 not be entered against him or her. The rule shall clearly set
2 forth the grounds relied upon by the Department and shall
3 provide a period of 7 days from the date of the rule to file
4 an answer to the satisfaction of the Department. Failure to
5 answer to the satisfaction of the Department shall cause an
6 order to cease and desist to be issued immediately.
7 Section 100. Investigation; notice; hearing. The
8 Department may investigate the actions of an applicant or of
9 a person or persons holding or claiming to hold a license.
10 The Department shall, before taking any disciplinary action
11 that the Department may deem proper with regard to a license,
12 at least 30 days prior to the date set for a hearing, notify
13 the applicant or licensee in writing of any charges made and
14 the time and place for a hearing of the charges before the
15 Board, direct him or her to file his or her written answer to
16 the Board under oath within 20 days after the service on him
17 or her, and inform him or her that if he or she fails to file
18 an answer, default will be entered against him or her, his or
19 her license may be suspended, revoked, or placed on
20 probationary status or other disciplinary action, including
21 limiting the scope, nature, or extent of his or her practice
22 as the Department may deem proper, may be taken against him
23 or her. Such written notice may be served by personal
24 delivery or certified or registered mail at the last known
25 address. At the time and place fixed in the notice, the
26 Department shall proceed to hear the charges and the parties
27 or their counsel shall be afforded ample opportunity to
28 present statements, testimony, evidence, and argument that
29 may be pertinent to the charges or to the defense to the
30 charges. The Department may continue the hearing from time to
31 time. If the accused person, after receiving notice, fails to
32 file an answer, his or her license may, in the discretion of
33 the Director, having first received the recommendation of the
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1 Board, be suspended, revoked, or placed on probationary
2 status, or the Director may take whatever disciplinary action
3 as he or she may deem proper, including limiting the scope,
4 nature, or extent of the person's practice without a hearing
5 if the act or acts charged constitute sufficient grounds for
6 disciplinary action under this Act.
7 Section 105. Record of proceedings. The Department, at
8 its expense, shall preserve a record of all proceedings at
9 the formal hearing of any case involving the refusal to issue
10 or renew a license or the discipline of a licensee. The
11 notice of hearing, complaint, and all other documents in the
12 nature of pleadings and written motions filed in the
13 proceedings, the transcript of testimony, the report of the
14 Board or hearing officer, and orders of the Department shall
15 be the record of the proceeding.
16 Section 110. Order for production of documents. A circuit
17 court may, upon application of the Department or its designee
18 or of the applicant or licensee against whom proceedings
19 pursuant to Section 100 of this Act are pending, enter an
20 order requiring the attendance of witnesses and their
21 testimony and the production of documents, papers, files,
22 books, and records in connection with a hearing or
23 investigation. The court may compel obedience to its order
24 through contempt proceedings.
25 Section 115. Subpoena power. The Department shall have
26 power to subpoena and bring before it any person in this
27 State and to take testimony orally or by deposition, with the
28 same fees and mileage and in the same manner as prescribed by
29 law in judicial proceedings in civil cases in circuit courts
30 of this State.
31 The Director and any member of the Board designated by
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1 the Director shall each have the authority to administer
2 oaths to witnesses at any hearing that the Department is
3 authorized to conduct under this Act, and any other oaths
4 required or authorized to be administered by the Department
5 under this Act.
6 Section 120. Board report. At the conclusion of the
7 hearing, the Board shall present to the Director a written
8 report of its findings of fact, conclusions of law, and
9 recommendations. The report shall contain a finding whether
10 or not the accused person violated this Act or failed to
11 comply with the conditions required in this Act. The Board
12 shall specify the nature of the violation or failure to
13 comply and shall make its recommendations to the Director.
14 The report of findings of fact, conclusions of law, and
15 recommendation of the Board shall be the basis for the
16 Department's order for refusal or for the granting of a
17 license. If the Director disagrees in any regard with the
18 report of the Board, the Director may issue an order in
19 contravention of the report. The Director shall provide a
20 written report to the Board on any deviation from the Board's
21 report, and shall specify with particularity the reasons for
22 his or her action in the final order. The finding is not
23 admissible in evidence against the person in a criminal
24 prosecution brought for the violation of this Act, but the
25 hearing and finding are not a bar to a criminal prosecution
26 brought for the violation of this Act.
27 Section 125. Hearing officer. Notwithstanding the
28 provisions of Section 100 of this Act, the Director shall
29 have the authority to appoint an attorney licensed to
30 practice law in the State of Illinois to serve as the hearing
31 officer in an action for refusal to issue or renew a license
32 or for the discipline of a licensee. The Director shall
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1 notify the Board of an appointment. The hearing officer
2 shall have full authority to conduct the hearing. The
3 hearing officer shall report his or her findings of fact,
4 conclusions of law, and recommendations to the Board and the
5 Director. The Board shall have 60 days from receipt of the
6 report to review the report of the hearing officer and
7 present its findings of fact, conclusions of law, and
8 recommendations to the Director. If the Board fails to
9 present its report within the 60-day period, the Director
10 shall issue an order based on the report of the hearing
11 officer. If the Director disagrees in any regard with the
12 report of the Board or hearing officer, he or she may issue
13 an order in contravention of the report. The Director shall
14 provide a written explanation to the Board on any such
15 deviation and shall specify with particularity the reasons
16 for his or her action in the final order.
17 Section 130. Motion for rehearing. In a case involving
18 the refusal to issue or renew a license or the discipline of
19 a licensee, a copy of the Board's report shall be served upon
20 the respondent by the Department, either personally or as
21 provided in this Act for the service of the notice of
22 hearing. Within 20 days after service, the respondent may
23 present to the Department a motion in writing for a
24 rehearing, which shall specify the particular grounds for
25 rehearing. If no motion for rehearing is filed, then upon the
26 expiration of the 20-day period, or if a motion for rehearing
27 is denied, then upon the denial the Director may enter an
28 order in accordance with recommendations of the Board, except
29 as provided in Section 120 or 125 of this Act. If the
30 respondent shall order from the reporting service and pay for
31 a transcript of the record within the time for filing a
32 motion for rehearing, the 20-day period within which the
33 motion may be filed shall commence upon the delivery of the
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1 transcript to the respondent.
2 Section 135. Rehearing on order of Director. Whenever the
3 Director is satisfied that substantial justice has not been
4 done in the revocation or suspension of a license or refusal
5 to issue or renew a license, the Director may order a
6 rehearing by the same or another hearing officer or by the
7 Board.
8 Section 140. Order; prima facie proof. An order or a
9 certified copy of an order, over the seal of the Department
10 and purporting to be signed by the Director, shall be prima
11 facie proof:
12 (1) That the signature is the genuine signature of
13 the Director.
14 (2) That the Director is duly appointed and
15 qualified.
16 (3) That the Board and its members are qualified to
17 act.
18 Section 145. Restoration of license. At any time after
19 the suspension or revocation of a license, the Department may
20 restore it to the licensee, unless after an investigation and
21 a hearing, the Department determines that restoration is not
22 in the public interest. Where circumstances of suspension or
23 revocation so indicate, the Department may require an
24 examination of the licensee before restoring his or her
25 license.
26 Section 150. Surrender of license. Upon the revocation or
27 suspension of a license, the licensee shall immediately
28 surrender the license to the Department. If the licensee
29 fails to do so, the Department shall have the right to seize
30 the license.
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1 Section 155. Temporary suspension. The Director may
2 temporarily suspend the license of an auctioneer without a
3 hearing, simultaneously with the institution of proceedings
4 for a hearing provided for in Section 100 of this Act, if the
5 Director finds that evidence in his or her possession
6 indicates that continuation in practice would constitute an
7 imminent danger to the public. If the Director temporarily
8 suspends a license without a hearing, a hearing by the
9 Department must be held within 30 days after the suspension
10 has occurred and concluded without appreciable delay.
11 Section 160. Illinois Administrative Procedure Act. The
12 Illinois Administrative Procedure Act is hereby expressly
13 adopted and incorporated in this Act as if all of the
14 provisions of that Act were included in this Act, except that
15 the provision of subsection (d) of Section 10-65 of the
16 Illinois Administrative Procedure Act, providing that at
17 hearings the licensee has the right to show compliance with
18 all lawful requirements for retention, continuation, or
19 renewal of the license, is specifically excluded. For the
20 purposes of this Act, the notice required under Section 10-25
21 of the Illinois Administrative Procedure Act is deemed
22 sufficient when mailed to the last known address of a party.
23 Section 165. Administrative Review Law. All final
24 administrative decisions of the Department are subject to
25 judicial review pursuant to the provisions of the
26 Administrative Review Law and its rules. The term
27 "administrative decision" is defined as in Section 3-101 of
28 the Code of Civil Procedure.
29 Proceedings for judicial review shall be commenced in the
30 circuit court of the county in which the party applying for
31 review resides, but if the party is not a resident of this
32 State, venue shall be in Sangamon County.
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1 Section 170. Certificate of record. The Department shall
2 not be required to certify any record to a Court or file an
3 answer in court or otherwise appear in a court in a judicial
4 review proceeding, unless there is filed in the court, with
5 the complaint, a receipt from the Department acknowledging
6 payment of the costs of furnishing and certifying the record.
7 Failure on the part of the plaintiff to file a receipt in
8 court shall be grounds for dismissal of the action.
9 Section 175. Auctioneer Licensing Fund. There is created
10 a special fund in the State Treasury to be known as the
11 Auctioneer Licensing Fund. All moneys collected by the
12 Department under this Act shall be deposited into the Fund.
13 The Department shall use moneys in the Fund, pursuant to
14 appropriation, to administer and enforce this Act.
15 Section 180. Home rule preemption. A home rule unit may
16 not regulate auctioneers in a manner less restrictive than
17 the regulation of auctioneers by the State under this Act.
18 This Section is a limitation under paragraph (i) of Section 6
19 of Article VII of the Illinois Constitution of 1970 on the
20 concurrent exercise by home rule units of powers and
21 functions exercised by the State.
22 Section 250. The Regulatory Agency Sunset Act is amended
23 by adding Section 4.18 as follows:
24 (5 ILCS 80/4.18 new)
25 Sec. 4.18. Act repealed on January 1, 2008. The
26 following Act is repealed on January 1, 2008:
27 The Auctioneer Licensing Act.
28 Section 300. The State Finance Act is amended by adding
29 Section 5.449 as follows:
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1 (30 ILCS 105/5.449 new)
2 Sec. 5.449. The Auctioneer Licensing Fund.